Herbst v. American Orthodontics Corporation
| Maureen Herbst |
| American Orthodontics Corporation |
| 9:2022cv81746 |
| November 9, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Labor: Other |
| 29 U.S.C. ยง 0621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE by Maureen Herbst re #11 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Terminate Motions,,,, Joint Discovery Plan (Attachments: #1 Text of Proposed Order) (Schwarzberg, Steven) |
| Filing 14 Notice of Entry of Parties Listed on 13 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, #12 Notice (Other) 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): Karen Evans. (Schwarzberg, Steven) |
| Filing 13 Clerk's Notice to Filer re #12 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (scn) |
| Filing 12 JOINT NOTICE of Selection of Mediator by Maureen Herbst (Schwarzberg, Steven) Text Modified on 12/30/2022 (scn). |
Filing 11
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Granting #9 Joint MOTION to Modify Trial Date re #4 Scheduling Order filed by American Orthodontics Corporation. Amended Pleadings due by 3/23/2023. Discovery due by 7/13/2023. Fact Discovery due by 7/13/2023. Expert Discovery due by 7/13/2023. Joinder of Parties due by 3/23/2023. In Limine Motions due by 7/27/2023., Dispositive Motions due by 7/27/2023. Motions due by 7/27/2023. Pretrial Stipulation due by 8/28/2023. Jury Trial reset for 9/25/2023 9:00 AM before Judge Donald M. Middlebrooks. Calendar Call reset for 9/20/2023 1:15 PM before Judge Donald M. Middlebrooks. Signed by Magistrate Judge William Matthewman on 12/19/2022. See attached document for full details. (scn) #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 10 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 12/19/2022. The Court discussed whether parties would be added, there are motions pending, 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, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 27 minutes. Attorney Appearance(s): Stefanie M. Mederos, Steven Leo Schwarzberg, (Digital 10:34:40) (swr) |
| Filing 9 Joint MOTION to Modify Trial Date re #4 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by American Orthodontics Corporation. (Attachments: #1 Text of Proposed Order)(Mederos, Stefanie) |
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Filing 8
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of an unforeseen change in the Court's schedule, the scheduling conference that is currently scheduled for December 16, 2022 at 3:30 p.m. is hereby RESET to December 19, 2022 at 10:30 a.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 12/9/2022. (cpe)
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| Filing 7 WAIVER OF SERVICE Returned Executed by Maureen Herbst. American Orthodontics Corporation waiver sent on 11/9/2022, response/answer due 1/9/2023. (Schwarzberg, Steven) |
| Filing 6 NOTICE of Attorney Appearance by Stefanie M. Mederos on behalf of American Orthodontics Corporation. Attorney Stefanie M. Mederos added to party American Orthodontics Corporation(pty:dft). (Mederos, Stefanie) |
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Filing 5
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/16/2022 at 3:30 PM 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 12/5/2022. (cpe)
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 7/31/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/26/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 11/22/2022. See attached document for full details. (pcs) #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 Summons Issued as to American Orthodontics Corporation. (kpe) |
| 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. (kpe) |
| Filing 1 COMPLAINT against American Orthodontics Corporation. Filing fees $ 402.00 receipt number AFLSDC-16089956, filed by Maureen Herbst. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Schwarzberg, Steven) |
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| Plaintiff: Maureen Herbst | |
| Represented By: | Steven Leo Schwarzberg |
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| Defendant: American Orthodontics Corporation | |
| Represented By: | Stefanie M. Mederos |
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