Marquez v. Amazon.com, Inc.
| Jeff Barr, Andrez Marquez, Morgan Howard, James Bromley, Clarissa Morejon, Gabriel Prieto, Alejandro Garcia, Karli Henion, Sophia Feliciano and Susan Hughes |
| Amazon.com, Inc. |
| 9:2021cv80392 |
| February 23, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 RESPONSE in Opposition re #33 Defendant's MOTION for Extension of Time (MOTION FOR ENLARGEMENT OF DISCOVERY DEADLINES PENDING RESOLUTION OF MOTION TO STAY) filed by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Replies due by 4/30/2021. (Russo, Anthony) |
| Filing 41 RESPONSE in Opposition re #32 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss the First Amended Complaint filed by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Replies due by 4/30/2021. (Russo, Anthony) |
| Filing 40 RESPONSE in Opposition re #31 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Replies due by 4/30/2021. (Russo, Anthony) |
| Filing 39 REPLY to Response to Motion re #37 MOTION to Amend/Correct To Modify Pretrial Scheduling Order Pursuant to Rule 16(b)(4), Fed.R.Civ.P. filed by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. (Russo, Anthony) |
| Filing 38 RESPONSE in Opposition re #37 MOTION to Amend/Correct To Modify Pretrial Scheduling Order Pursuant to Rule 16(b)(4), Fed.R.Civ.P. filed by Amazon.com, Inc.. Replies due by 4/23/2021. (Brochin, Robert) |
| Filing 37 MOTION to Amend/Correct To Modify Pretrial Scheduling Order Pursuant to Rule 16(b)(4), Fed.R.Civ.P. by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Responses due by 4/27/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Russo, Anthony) |
Filing 36
PAPERLESS ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Tor A. Hoerman. Signed by Judge Donald M. Middlebrooks on 4/12/2021. (apo)
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Filing 35
PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Tyler J. Schneider. Signed by Judge Donald M. Middlebrooks on 4/12/2021. (apo)
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Filing 34
PAPERLESS ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kenneth J. Brennan. Signed by Judge Donald M. Middlebrooks on 4/12/2021. (apo)
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| Filing 33 Defendant's MOTION for Extension of Time (MOTION FOR ENLARGEMENT OF DISCOVERY DEADLINES PENDING RESOLUTION OF MOTION TO STAY) by Amazon.com, Inc.. Responses due by 4/23/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
| Filing 32 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss the First Amended Complaint by Amazon.com, Inc.. Responses due by 4/23/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brochin, Robert) |
| Filing 31 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Amazon.com, Inc.. Responses due by 4/23/2021 (Brochin, Robert) |
| Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tor A. Hoerman. Filing Fee $ 200.00 Receipt # AFLSDC-14594719 by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Responses due by 4/23/2021 (Russo, Anthony) |
| Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tyler J. Schneider. Filing Fee $ 200.00 Receipt # AFLSDC-14594709 by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Responses due by 4/23/2021 (Russo, Anthony) |
| Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kenneth J. Brennan. Filing Fee $ 200.00 Receipt # AFLSDC-14594665 by Jeff Barr, James Bromley, Sophia Feliciano, Alejandro Garcia, Karli Henion, Morgan Howard, Susan Hughes, Andrez Marquez, Clarissa Morejon, Gabriel Prieto. Attorney Anthony John Russo, Jr added to party Jeff Barr(pty:pla), Attorney Anthony John Russo, Jr added to party James Bromley(pty:pla), Attorney Anthony John Russo, Jr added to party Sophia Feliciano(pty:pla), Attorney Anthony John Russo, Jr added to party Alejandro Garcia(pty:pla), Attorney Anthony John Russo, Jr added to party Karli Henion(pty:pla), Attorney Anthony John Russo, Jr added to party Morgan Howard(pty:pla), Attorney Anthony John Russo, Jr added to party Susan Hughes(pty:pla), Attorney Anthony John Russo, Jr added to party Clarissa Morejon(pty:pla), Attorney Anthony John Russo, Jr added to party Gabriel Prieto(pty:pla). Responses due by 4/23/2021 (Russo, Anthony) |
| Filing 27 Notice of Entry of Parties Listed on 24 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Clarissa Morejon, Morgan Howard, Sophia Feliciano, James Bromley, Jeff Barr, Gabriel Prieto, Susan Hughes, Karli Henion and Alejandro Garcia. (Russo, Anthony) |
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Filing 26
PAPERLESS ORDER regarding the Parties' "Joint Proposed Rule 26(f) Discovery Plan" (DE #25 ). In the filing, the Parties seek a modification of the trial date and of the deadlines contained in the Pretrial Scheduling Order. (DE #25 at 15-19). I decline to modify the trial date or any deadlines based upon the present record. Pursuant to Rule 7(b)(1), "[a] request for a court order must be made by motion[,]" which must "state with particularity the grounds for seeking the order[.]" Fed. R. Civ. P. 7(b)(1). 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). If the Parties intend to file a motion to modify the trial date and the Pretrial Scheduling Order, they are advised that such motion should include specific facts to support the modifications, including an explanation of why they cannot comply with the current litigation schedule, or what specific obstacles the Parties believe they will encounter with respect to delays or problems meeting the current schedule. At any time, the Parties may consent to the jurisdiction of U.S. Magistrate Judge Dave Lee Brannon, who generally allows litigants 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 (DE #17 ). Signed by Judge Donald M. Middlebrooks on 3/30/2021. (kal)
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| Filing 25 Joint SCHEDULING REPORT - Rule 26(f) by Andrez Marquez (Russo, Anthony) |
| Filing 23 NOTICE of Attorney Appearance by Mark Anthony Panzavecchia on behalf of Andrez Marquez. Attorney Mark Anthony Panzavecchia added to party Andrez Marquez(pty:pla). (Panzavecchia, Mark) |
| Filing 24 Clerks Notice to Filer re #20 Amended Complaint/Amended Notice of Removal,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
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Filing 22
PAPERLESS ORDER granting #18 Joint Motion for Extension of Time. The deadline for the Parties to move to modify the trial date is March 26, 2021. (DE #16 at 3). The Parties seek an extension until March 29, 2021, citing that "both sides agree that they would request that the trial date in this action be moved, but currently they disagree by how much." (DE #18 at 2). I will grant the Motion and extend the deadline for the Parties to move to modify the trial date to March 29, 2021. Signed by Judge Donald M. Middlebrooks on 3/26/2021. (kal)
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Filing 21
PAPERLESS ORDER denying as moot #15 Defendant's Motion to Dismiss; denying as moot #19 Defendant's Motion to Stay. In light of Plaintiffs' Amended Complaint (DE #20 ), Defendant's Motion to Dismiss (DE #15 ) and its Motion to Stay (DE #19 ), which is based upon that Motion to Dismiss, are denied as moot. Signed by Judge Donald M. Middlebrooks on 3/26/2021. (apo)
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| Filing 20 AMENDED COMPLAINT against Amazon.com, Inc., filed by Andrez Marquez. (Attachments: #1 Exhibit 1 - Prime Terms and Conditions, #2 Exhibit 2 - Conditions of Use, #3 Exhibit 3 - Prime Eligible Items & Addresses, #4 Exhibit 4 - Prime Shipping Benefits, #5 Exhibit 5 - Privacy Notice)(Russo, Anthony) |
| Filing 19 Defendant's MOTION to Stay Discovery Pending Resolution Of Motion To Dismiss by Amazon.com, Inc.. Responses due by 4/9/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
| Filing 18 Joint MOTION for Extension of Time TO REQUEST TO MODIFY TRIAL DATE re #16 Order Referring Case to Magistrate Judge,,, Scheduling Order,, by Amazon.com, Inc.. Responses due by 4/8/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
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Filing 17
Pretrial Scheduling Order And Order Referring Case To Mediation: ( Amended Pleadings due by 4/19/2021., Discovery due by 8/9/2021., Joinder of Parties due by 4/19/2021., In Limine Motions due by 8/30/2021., Dispositive Motions due by 8/30/2021., Motions due by 8/30/2021., Pretrial Stipulation due by 9/27/2021.) Signed by Magistrate Judge Dave Lee Brannon on 3/17/2021. See attached document for full details. (kpe) #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 16
ORDER Referring Case and Setting Trial Date: ( Jury Trial set for 10/25/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/20/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 3/15/2021. See attached document for full details. (kpe) #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 15 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Amazon.com, Inc.. Responses due by 3/26/2021 (Attachments: #1 Affidavit Declaration of A. Champion, #2 Exhibit A, #3 Exhibit B)(Brochin, Robert) |
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Filing 14
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Anne Champion. Signed by Judge Donald M. Middlebrooks on 3/12/2021. (apo)
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Filing 13
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Marc P. Epstein. Signed by Judge Donald M. Middlebrooks on 3/12/2021. (apo)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anne Champion. Filing Fee $ 200.00 Receipt # AFLSDC-14518199 by Amazon.com, Inc.. Responses due by 3/26/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc P. Epstein. Filing Fee $ 200.00 Receipt # AFLSDC-14518146 by Amazon.com, Inc.. Responses due by 3/26/2021 (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
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Filing 10
PAPERLESS ORDER granting in part #7 Defendant's Motion for Extension of Time. The deadline for Defendant to respond to the Complaint is March 2, 2021. Defendant seeks an extension until March 25, 2021, representing that the Complaint "assert[s] various class-wide allegations, which must be separately analyzed and assessed," and that "counsel must determine whether Plaintiffs' claims are subject to binding arbitration clauses." (DE #7 at 2). In addition, Defendant requests that, in the event that it files a motion in response to the Complaint, Plaintiffs' response to that motion be due April 26, 2021, and any reply be due May 10, 2021. (Id.). Although Defendant was served on January 29, 2021, and therefore has now had over four weeks to prepare a response to the Complaint, I will grant the Motion in part because it is unopposed. The deadline for Defendant to respond to the Complaint is extended to March 12, 2021. However, I decline to preemptively extend any future response and reply deadlines, as Defendant requests. The Parties are advised that future requests for extensions will be denied unless the moving party sets forth specific facts establishing good cause for the relief requested. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 3/2/2021. (kal)
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| Filing 9 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Robert Mark Brochin re #8 Notice of Change of Address, Email or Law Firm Name. Attorney Robert Mark Brochin has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 8 NOTICE of Change of Address, Email or Law Firm Name by Robert Mark Brochin (Brochin, Robert) |
| Filing 7 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Amazon.com, Inc.. (Attachments: #1 Text of Proposed Order)(Brochin, Robert) |
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Filing 6
PAPERLESS ORDER STRIKING #5 "Stipulation and [Proposed] Order Extending Time." This Court does not enter agreed orders. The Parties are advised that "[a] request for a court order must be made by motion[,]" which must "state with particularity the grounds for seeking the order[.]" Fed. R. Civ. P. 7(b)(1). If the Parties see fit, they may file a joint motion for extension of time. I will consider whether granting such relief is appropriate upon the filing of a proper motion. The Parties are further advised that requests for extensions must be supported by specific facts establishing good cause. Signed by Judge Donald M. Middlebrooks on 3/1/2021. (kal)
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| Filing 5 STRICKEN STIPULATION/MOTION FOR EXTENSION OF TIME AND [PROPOSED] ORDER EXTENDING TIME by Amazon.com, Inc. (Attachments: #1 Text of Proposed Order)(Brochin, Robert)Text & Event Modified on 2/26/2021 (ail). Modified on 3/1/2021 per DE 6 Order (kpe). |
| Filing 4 CLERK'S NOTICE that attorney Mark A. Panzavecchia has not been added to this case re #1 Notice of Removal (State Court Complaint),,. For further information, please contact Attorney Admissions at 305-523-5265. (pt) |
| Filing 3 Defendant's Corporate Disclosure Statement by Amazon.com, Inc. (Brochin, Robert) |
| 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-14434502, filed by Amazon.com, Inc.. (Attachments: #1 Exhibit Ex. A - State Court Summons, #2 Exhibit Ex. B - State Court Complaint, #3 Exhibit Ex. C - State Court Civil Cover Sheet, #4 Exhibit Ex. D - State Court Affidavit of Service, #5 Exhibit Ex. E - State Court Docket, #6 Exhibit Ex. F - State Court Stipulation Extending Time to Answer, #7 Exhibit Ex. G - State Court Motions for pro hac vice Admission)(Brochin, Robert) (Additional attachment(s) added on 2/24/2021: #8 District Court Civil Cover Sheet) (kpe). No answer/motion to dismiss filed. Modified text on 2/24/2021 (kpe). |
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