Stephens v. Franklin Foods, Inc. et al
| Kimberly Stephens |
| Franklin Foods, Inc. and Hochland SE |
| 9:2021cv81224 |
| July 12, 2021 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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Filing 16
PAPERLESS ORDER granting #13 Unopposed Motion for Extension of Time. The deadline for Defendant Franklin Foods Inc. to respond to the Complaint expired on September 2, 2021. Defendant requests an extension until September 16, 2021 in order "to allow adequate time to investigate and analyze Plaintiff's allegations and to prepare a meaningful response to the Complaint." (DE #13 ). Motions for extension of time must establish good cause supported by specific facts. Defendant's vague and generalized assertions make it difficult for the court to evaluate whether good cause exists. However because the motion is unopposed, and to facilitate a unified response deadline for both defendants, I will grant the extension. Accordingly, Defendant Franklin Foods, Inc. shall respond to the Complaint on or before September 16, 2021. Signed by Judge Donald M. Middlebrooks on 9/3/2021. (kal)
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Filing 15
PAPERLESS ORDER granting #12 Unopposed Motion for Extension of Time. The deadline for Defendant Hochland SE to respond to the complaint is September 2, 2021. Defendant requests an extension until September 16, 2021 on the grounds that counsel was recently retained and is "out of office" until September 13, 2021 (DE #12 at 2). Because the Motion is unopposed and Defendant has shown good cause, I will grant Defendant's Motion (DE #12 ). Accordingly, Defendant Hochland SE shall respond to the Complaint on or before September 16, 2021. Signed by Judge Donald M. Middlebrooks on 9/3/2021. (kal)
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| Filing 14 Joint NOTICE of Mediator Selection. Selected/Added Franklin Foods, Inc., Travis Hollifield as Mediator. (Simpson, Danielle) |
| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Franklin Foods, Inc.. (Attachments: #1 Text of Proposed Order)(Simpson, Danielle) |
| Filing 12 Unopposed MOTION for Extension of Time to respond to Complaint re #1 Complaint, by Hochland SE. Responses due by 9/15/2021 (Colombo, Sherril) |
| Filing 11 NOTICE of Attorney Appearance by Sherril May Colombo on behalf of Hochland SE. Attorney Sherril May Colombo added to party Hochland SE(pty:dft). (Colombo, Sherril) |
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Filing 10
PAPERLESS ORDER denying #9 Defendant Franklin Foods Inc.'s Unopposed Motion to Modify Pretrial Schedule and Trial Date. 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). No good cause exists to grant the broad relief requested in Defendant's motion. To the extent Defendant is unable to meet a specific deadline, it may seek an extension of time as to that deadline if it sets forth specific facts to establish good cause for its inability to comply with the Pretrial Scheduling Order. No extensions will be granted in this matter unless it is clear that a particular deadline cannot be met despite the exercise of diligence. Generalized assertions that the proceedings have been delayed are not sufficient, nor are generalized references to the perceived complexity of the case or scope of discovery. Defendant's motion includes no satisfactory explanation of what specific obstacles it believes it will encounter with respect to delays or problems meeting the current schedule. I note that this motion is unopposed, and therefore it bears reminding all Parties that at any time, they may consent to the jurisdiction of United States Magistrate Judge William Matthewman, who generally affords litigants great flexibility in the course and schedule, including the trial date, of their cases. Signed by Judge Donald M. Middlebrooks on 8/20/2021. (kal)
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| Filing 9 Defendant's MOTION to Amend/Correct #5 Scheduling Order,,, Order Referring Case to Magistrate Judge,, Unopposed Motion to Modify Order Referring Case and Setting Trial Date by Franklin Foods, Inc.. Responses due by 9/2/2021 (Simpson, Danielle) |
| Filing 8 NOTICE of Attorney Appearance by Danielle Marie Simpson on behalf of Franklin Foods, Inc.. Attorney Danielle Marie Simpson added to party Franklin Foods, Inc.(pty:dft). (Simpson, Danielle) |
| Filing 7 NOTICE of Attorney Appearance by Jessica DeBono Anderson on behalf of Franklin Foods, Inc.. Attorney Jessica DeBono Anderson added to party Franklin Foods, Inc.(pty:dft). (Anderson, Jessica) |
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Filing 6
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/9/2021., Discovery due by 12/30/2021., Joinder of Parties due by 9/9/2021., In Limine Motions due by 1/13/2022., Dispositive Motions due by 1/13/2022., Motions due by 1/13/2022., Pretrial Stipulation due by 2/14/2022., Jury Trial set for 3/14/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/9/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge William Matthewman on 8/16/2021. See attached document for full details. (jao) #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 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/14/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/9/2022 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/11/2021. See attached document for full details. (jao) #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 4 Bar Letter re: Admissions sent to attorney Aaron S. Adler, mailing date July 13, 2021, (pt) |
| Filing 3 Summons Issued as to Franklin Foods, Inc., Hochland SE. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) |
| Filing 1 COMPLAINT against Franklin Foods, Inc., Hochland SE. Filing fees $ 402.00 receipt number AFLSDC-14839432, filed by Kimberly Stephens. (Attachments: #1 Summon(s) Summons (Franklin Foods, Inc.), #2 Summon(s) Hochland SE, #3 Civil Cover Sheet Civil Cover Sheet)(Wellikoff, Scott) |
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