Suarez v. Home Depot U.S.A, Inc.
| Maria L. Suarez |
| Home Depot U.S.A, Inc. |
| 9:2020cv80984 |
| June 23, 2020 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Dave Lee Brannon |
| William Matthewman |
| Rodney Smith |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Document Text |
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Filing 12
ORDER CLOSING CASE. Signed by Judge Rodney Smith on 8/17/2020. See attached document for full details. (drz)
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| Filing 11 STIPULATION of Dismissal by Home Depot U.S.A, Inc. (Pena, Kelly) |
| Filing 10 NOTICE OF COURT PRACTICE ON NOTICE OF SETTLEMENT. ( Settlement Agreement due by 8/17/2020.) Signed by Judge Rodney Smith on 7/17/2020. See attached document for full details. (drz) |
| Filing 9 NOTICE of Settlement by Maria L. Suarez (Palma, Zandro) |
| Filing 8 Joint SCHEDULING REPORT - Rule 26(f) by Home Depot U.S.A, Inc. (Attachments: #1 Text of Proposed Order)(Pena, Kelly) |
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Filing 7
PAPERLESS ORDER REQUIRING BRIEFING ON SUBJECT MATTER JURISDICTION: Plaintiff filed a two-count Complaint [DE 1-2] against Defendant, Home Depot U.S.A, Inc., for discrimination and retaliation under the Florida Civil Rights Act of 1992. Plaintiff alleges that she worked at one of Defendant's stores in Jupiter, Florida, as a Pro Desk Sales Associate for over eleven years. (Compl. at 3-4.) Plaintiff was allegedly subject to discrimination on the basis of national original during her employment, and was eventually terminated. (Id. at 4-16.) At the time she was terminated, Plaintiff's salary was $19.49 per hour. (Id. at 4.) In the Complaint, Plaintiff seeks injunctive relief and restitutionary damages in the form of lost wages and benefits. The specific amount of monetary damages sought is not evident from the face of the Complaint. Defendant removed this case to federal court on June 23, 2020, on the basis of diversity jurisdiction. It is a fundamental principle of law that "a federal court has an independent obligation to review its authority to hear a case before it proceeds to the merits." Mirage Resorts, Inc. v. Quiet Nacelle Corp., 206 F.3d 1398, 1400-01 (11th Cir. 2000). Accordingly, it is ORDERED that no later than July 17, 2020, Plaintiff shall file a memorandum of law, responding to Defendant's position that subject matter jurisdiction exists. Plaintiff shall include supporting evidence, as is appropriate. Defendant shall file a reply no later than July 24, 2020. Signed by Judge Rodney Smith on 7/7/2020. (lbn)
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| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Maria L. Suarez (Palma, Zandro) |
| Filing 5 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Home Depot U.S.A, Inc.. (Pena, Kelly) |
| Filing 4 Defendant's Corporate Disclosure Statement by Home Depot U.S.A, Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A, Inc. (Pena, Kelly) |
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Filing 3
ORDER OF RECUSAL. Judge Roy K. Altman and Magistrate Judge Dave Lee Brannon recused. Case reassigned to Judge Rodney Smith and Magistrate Judge William Matthewman for all further proceedings. Signed by Judge Roy K. Altman on 6/23/2020. See attached document for full details. (jmd)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 400.00 receipt number AFLSDC-13071592, filed by Home Depot U.S.A, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Pena, Kelly) |
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| Plaintiff: Maria L. Suarez | |
| Represented By: | Zandro E. Palma |
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| Defendant: Home Depot U.S.A, Inc. | |
| Represented By: | Christopher Patrick Hammon |
| Represented By: | Kelly Marie Pena |
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