Williamson v. CVS Pharmacy, Inc.
| Michael Williamson |
| CVS Pharmacy, Inc. |
| 9:2022cv81555 |
| October 7, 2022 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 18
PAPERLESS ORDER denying #16 Motion for Leave to File Sur-reply. Plaintiff moves to file a sur-reply to Defendant's Motion to Compel Arbitration and to Dismiss or in the Alternative Stay. Defendant has filed a response in opposition. (DE #17 ). "A district court's decision to permit the filing of a sur-reply is purely discretionary and should generally only be allowed when 'a valid reason for such additional briefing exists, such as where the movant raises new arguments in its reply brief.'" First Specialty Ins. Corp. v. 633 Partners, Ltd., 300 Fed. Appx. 777, 788 (11th Cir. 2008) (citation omitted). Upon review of the briefs, I find that Plaintiff fails to show that a valid reason exists to file a sur-reply. Accordingly, Plaintiff's Motion (DE #16 ) is denied. Signed by Judge Donald M. Middlebrooks on 11/23/2022. (kal)
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| Filing 17 RESPONSE in Opposition re #16 MOTION for Leave to File Plaintiff's Surreply filed by CVS Pharmacy, Inc.. Replies due by 11/29/2022. (Beyer Benton, Nancy) |
| Filing 16 MOTION for Leave to File Plaintiff's Surreply by Michael Williamson. (Attachments: #1 Exhibit A - Plaintiff's Surreply)(Costa, Jorge) |
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Filing 15
ORDER GRANTING #12 Plaintiff's Counsel's Motion to Withdraw as Attorney. Max Lloyd Horowitz representing Williamson, Michael (Plaintiff) withdrawn from case. Signed by Judge Donald M. Middlebrooks on 11/11/2022. See attached document for full details. (caw)
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| Filing 14 Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc. (Beyer Benton, Nancy) |
| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement by Michael Williamson (Costa, Jorge) |
| Filing 12 Unopposed MOTION to Withdraw as Attorney by Max L. Horowitz, Esq. for / by Michael Williamson. Responses due by 11/23/2022 (Horowitz, Max) |
| Filing 11 RESPONSE in Support re #4 Defendant's MOTION to Compel Arbitration and to Dismiss or, in the Alternative, Stay Proceedings and Incorporated Memorandum of Law filed by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beyer Benton, Nancy) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. Defendant seeks an extension of time to file a reply in support of its Motion to Compel Arbitration (DE #4 ) from November 1, 2022, to November 8, 2022. In support, Defendant represents that Plaintiff raised arguments disputing the validity of the arbitration agreement which will require additional time to investigate. The requested extension of time is unopposed. I find good cause to grant Defendant's Motion. Accordingly, Defendant shall file a Reply on or by November 8, 2022. Signed by Judge Donald M. Middlebrooks on 10/27/2022. (kal)
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| Filing 9 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response in Opposition to Motion, to Compel Arbitration by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit Proposed Order)(Beyer Benton, Nancy) |
| Filing 8 Clerk's Notice to Filer re #6 Notice of Attorney Appearance. Wrong Event Selected; ERROR - The Filer selected the wrong event. The correction was made by the Clerk. It is not necessary to refile this document. (kpe) |
| Filing 7 RESPONSE in Opposition re #4 Defendant's MOTION to Compel Arbitration and to Dismiss or, in the Alternative, Stay Proceedings and Incorporated Memorandum of Law filed by Michael Williamson. Replies due by 11/1/2022. (Attachments: #1 Affidavit Exhibit No. 3, #2 Exhibit Exhibit No.4)(Costa, Jorge) |
| Filing 6 RESPONSE In Opposition To #4 Defendant's Motion To Compel Arbitration And To Dismiss by Jorge Luis Costa, Jr on behalf of Michael Williamson (Attachments: #1 Affidavit Exhibit No. 3, #2 Exhibit Exhibit No. 4) (Costa, Jorge) Modified text on 10/26/2022 to reflect title of document (kpe). |
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Filing 5
PAPERLESS ORDER denying as moot #3 Defendant's Motion for Extension of time to File Answer. On October 12, 2022, Defendant filed a Motion for Extension of Time to File an Answer. On October 14, 2022, Defendant timely filed a Motion to Dismiss. (DE #4 ). Accordingly, Defendant's Motion for Extension of Time is denied as moot. Signed by Judge Donald M. Middlebrooks on 10/17/2022. (kal)
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| Filing 4 Defendant's MOTION to Compel Arbitration and to Dismiss or, in the Alternative, Stay Proceedings and Incorporated Memorandum of Law by CVS Pharmacy, Inc.. Responses due by 10/28/2022 (Attachments: #1 Exhibit 1)(Beyer Benton, Nancy) |
| Filing 3 MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Complaint by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit Proposed Order)(Beyer Benton, Nancy) |
| 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Michael Williamson v. CVS Pharmacy, Inc.) Filing fee $ 402.00 receipt number AFLSDC-16007652, filed by CVS Pharmacy, Inc. No Answer Filed/ No Motion to Dismiss Filed in State Court (Attachments: #1 Exhibit A- State Court Complaint and Other Filings, #2 Exhibit B, #3 Civil Cover Sheet)(Beyer Benton, Nancy) Modified attachment description and text on 10/7/2022 (mab). |
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