Britt v. Wal-Mart Stores East, LP
| William Herbert Britt |
| Wal-Mart Stores East, LP |
| 9:2020cv81244 |
| July 31, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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Filing 10
Initial Disclosure(s) of Rule 26(a) Re: #8 SCHEDULING REPORT - Rule 26(f)/16.1 filed by Wal-Mart Stores East, LP by Wal-Mart Stores East, LP (Lipkin, David)
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Filing 9
ORDER granting #7 Unopposed Motion for Medical Evaluation of Patient. Plaintiff is ORDERED to attend and undergo a physical examination by Dr. Kenneth L. Jarolem, M.D. at the Orthopaedic Center of South Florida, 600 South Pine Island Road, Suite 300, Plantation, FL 33324 on Wednesday, October 14, 2020 at 3:30 p.m. Signed by Judge Donald M. Middlebrooks on 9/4/2020. See attached document for full details. (drz)
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Filing 8
Joint SCHEDULING REPORT - Rule 26(f) by Wal-Mart Stores East, LP (Lipkin, David)
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Filing 7
Unopposed MOTION for Medical Exam by Wal-Mart Stores East, LP. (Attachments: #1 Exhibit)(Lipkin, David)
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Filing 6
PAPERLESS ORDER denying #5 Defendant's Unopposed Motion to Extend Deadlines of Pretrial Scheduling Order. Defendant moves to extend several pretrial deadlines, including the expert disclosure deadlines, the deadline to file a witness list, the discovery deadline, and the motions deadline. (DE #5 ). The Scheduling Order may be modified only "upon a showing of good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). There are no facts set forth in the Motion which would demonstrate that the Parties have been diligent here. The Motion states that on August 19, 2020, Plaintiff responded to interrogatories propounded by Defendant. (DE #5 at 1). However, even with these responses, Defendant maintains that the current expert disclosure deadlines are unfeasible due to the need to obtain medical records for this matter. (Id. at 2). Aside from generally asserting that the current deadline is not practical, Defendant does not explain why it will be unable to obtain the medical records by its current expert disclosure deadline of November 16, 2020, which is still around three months away. Additionally, Defendant fails to provide any reasoning regarding why it requires the other requested extensions. In other words, Defendant has not offered any reasoning why despite its diligence, it cannot comply with the current Pretrial Scheduling Order. For these reasons, the Motion is denied. The Parties are further reminded that they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order. Signed by Judge Donald M. Middlebrooks on 8/25/2020. (jdr)
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Filing 5
Unopposed MOTION for Extension of Time to extend Deadlines of Pretrial Scheduling Order re #4 Scheduling Order,,,, Order Referring Case to Mediation,,, by Wal-Mart Stores East, LP. Responses due by 9/8/2020 (Lipkin, David)
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Filing 4
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 10/5/2020., Discovery due by 1/11/2021., Joinder of Parties due by 10/5/2020., In Limine Motions due by 1/25/2021., Dispositive Motions due by 1/25/2021., Motions due by 1/25/2021., Pretrial Stipulation due by 3/1/2021., Jury Trial set for 3/29/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Magistrate Judge Dave Lee Brannon on 8/20/2020. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 3
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/29/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.),. Signed by Judge Donald M. Middlebrooks on 8/19/2020. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 2
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks 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)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Demand for Jury Trial) Filing fee $ 400.00 receipt number AFLSDC-13276274, filed by Wal-Mart Stores East, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Lipkin, David) Modified on 7/31/2020 (drz). (Defendant's Answer and Affirmative Defenses listed in Attachment-1 pages 5-10)
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| Plaintiff: William Herbert Britt | |
| Represented By: | Robert Timothy Vannatta |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | David Adam Lipkin |
| Represented By: | Daniel Joseph Santaniello |
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