Levine v. Costco Wholesale Corp
Plaintiff: JOEL V LEVINE
Defendant: COSTCO WHOLESALE CORP and Costco Wholesale Corp.
Case Number: 9:2022cv80896
Filed: June 17, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2022 Filing 15 NOTICE of Mediator Selection. Selected/Added JOEL V LEVINE, Gary S. Dickstein as Mediator. (Lasnier de Lavalette, Marc)
August 2, 2022 Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by Costco Wholesale Corp. (Bedard, Benjamin)
July 19, 2022 Opinion or Order Filing 13 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 9/8/2022. Discovery due by 12/29/2022. Fact Discovery due by 12/29/2022. Expert Discovery due by 12/29/2022. Joinder of Parties due by 9/8/2022. In Limine Motions due by 1/12/2023. Dispositive Motions due by 1/12/2023. Motions due by 1/12/2023. Pretrial Stipulation due by 2/13/2023. Signed by Magistrate Judge William Matthewman on 7/19/2022. See attached document for full details. (scn)
July 19, 2022 Opinion or Order Filing 12 PAPERLESS ORDER granting in part and denying in part #9 Defendant's Unopposed Motion to Modify Trial Date. According to the Motion, lead counsel for Defendant, Benjamin Lawrence Bedard, has a pre-planned, prepaid family vacation starting on March 20, 2023. However, Mr. Bedard is available for trial during the week of March 13, 2023, the first week of the two-week trial period. Therefore, as stated in open court at the July 19, 2022 scheduling conference, the Motion is granted to the extent that Mr. Bedard is excused from the second week of the trial period but needs to be available for trial during the week of March 13, 2023. Signed by Magistrate Judge William Matthewman on 7/19/2022. (no00)
July 19, 2022 Filing 11 PAPERLESS Minute Entryfor proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/19/2022. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, discovery and good faith conferral. The Court discussed the Defendant's Motion to Modify the Trial Date. The Court will grant in part and deny in part the motion. Plaintiff's counsel discussed filing a motion to expedite the trial date. Written scheduling order and order of referral to mediation will be issued. Total time in court: 27 minutes. Attorney Appearance(s): Marc Philippe Lasnier de Lavalette, John George. (Digital 10:00:51) (kza)
July 15, 2022 Filing 9 Unopposed MOTION to Continue to Modify Trial Date by COSTCO WHOLESALE CORP. Responses due by 7/29/2022 (Bedard, Benjamin)
July 14, 2022 Opinion or Order Filing 10 ORDER granting 7 Motion to Withdraw as Attorney. Karl Wayne Labertew representing LEVINE, JOEL V (Plaintiff) withdrawn from case. Notice of Termination delivered by US Mail to Karl Labertew. Signed by Judge Donald M. Middlebrooks on 7/14/2022. See attached document for full details. (scn)
July 13, 2022 Filing 8 Clerk's Notice to Filer re #6 Notice of Attorney Appearance. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (scn)
July 13, 2022 Filing 7 MOTION to Withdraw as Attorney by Karl Labertew for / by JOEL V LEVINE. Responses due by 7/27/2022. (scn)
July 13, 2022 Filing 6 NOTICE of Attorney Appearance by Marc Philippe Lasnier de Lavalette on behalf of JOEL V LEVINE. Attorney Marc Philippe Lasnier de Lavalette added to party JOEL V LEVINE(pty:pla). (Lasnier de Lavalette, Marc)
June 28, 2022 Opinion or Order Filing 5 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/19/2022 at 10:00 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 6/28/2022. (no00)
June 27, 2022 Opinion or Order Filing 4 ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/13/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/8/2023 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/27/2022. 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.
June 21, 2022 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (mab)
June 17, 2022 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. (mab) Modified on 6/21/2022 (mab).
June 17, 2022 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT) Filing fee $ 402.00 receipt number AFLSDC-15726814, filed by COSTCO WHOLESALE CORP. Answer Filed/ No Motion to Dismiss Filed in State Court.(Attachments: #1 State Court Complaint, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Bedard, Benjamin) Modified attachment description on 6/21/2022 (mab).

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Plaintiff: JOEL V LEVINE
Represented By: Karl Wayne Labertew
Represented By: Marc Philippe Lasnier de Lavalette
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Defendant: COSTCO WHOLESALE CORP
Represented By: Benjamin Lawrence Bedard
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Defendant: Costco Wholesale Corp.
Represented By: Benjamin Lawrence Bedard
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