Hernandez v. Wal-Mart Stores East, LP
| Wal-Mart Stores East, LP |
| Santos Hernandez |
| 9:2023cv80061 |
| January 13, 2023 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Bruce E Reinhart |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 NOTICE by Wal-Mart Stores East, LP Notice of Serving Proposal for Settlement (Manzo, Christine) |
| Filing 55 Defendant's REPLY to #47 Response in Opposition to Motion,, for Summary Judgment by Wal-Mart Stores East, LP. (Neville, Nicholas) |
| Filing 54 Defendant's RESPONSE to #48 Statement of Additional Material Facts by Wal-Mart Stores East, LP. (Neville, Nicholas) |
Filing 53
PAPERLESS ORDER granting Defendant's #50 Motion for Extension of Time to File Reply in Support of Defendant's Motion for Summary Judgment. Defendant shall file its Reply in Support of Defendant's Motion for Summary Judgment on or before December 1, 2023. Signed by Judge Aileen M. Cannon on 11/21/2023. (jf01)
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| Filing 52 NOTICE OF CONVENTIONAL FILING of Exhibit D re #47 Response in Opposition to Motion, by Santos Hernandez. (scn) |
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Filing 51
PAPERLESS ORDER granting Plaintiff's #49 Unopposed Motion to File Exhibit Conventionally. Signed by Judge Aileen M. Cannon on 11/21/2023. (jf01)
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| Filing 50 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION for Summary Judgment by Wal-Mart Stores East, LP. (Manzo, Christine) |
| Filing 49 Unopposed MOTION for Leave to File Exhibit Conventionally by Santos Hernandez. (McCloskey, Shawn) |
| Filing 48 Statement of: Material Facts in Support of its Response in Opposition to the Motion for Summary Judgment by Wal-Mart Stores East by Santos Hernandez re #47 Response in Opposition to Motion,, (McCloskey, Shawn) |
| Filing 47 RESPONSE in Opposition re #39 Defendant's MOTION for Summary Judgment filed by Santos Hernandez. Replies due by 11/27/2023. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Deposition Trancript of Santos Hernandez, #3 Exhibit C - Deposition Transcript of Shayann Ineland, #4 Exhibit E - Screenshots from Store Video, #5 Exhibit F - Video Request Form: Customer Incident, #6 Exhibit G - Plaintiff's Rule 26 Initial Disclosures, #7 Exhibit H - Plaintiff's Disclosures of Expert Witnesses)(McCloskey, Shawn) |
| Filing 46 Defendant's REPLY to Response to Motion re #41 Defendant's MOTION in Limine filed by Wal-Mart Stores East, LP. (Neville, Nicholas) |
| Filing 45 Statement of: Undisputed Facts Related to Defendant's Motion for Summary Judgment by Wal-Mart Stores East, LP (Neville, Nicholas) |
| Filing 44 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on November 6, 2023. The parties updated the Court on deadlines related to Defendant's pending Motion for Summary Judgment #39 and requirement to file joint statement of undisputed facts #12 . Order to follow. Total time in court: 7 minutes. Attorney Appearances: Shawn Gregory McCloskey, Nicholas G. Neville. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (jf01) |
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Filing 43
ORDER FOLLOWING STATUS CONFERENCE. On or before November 13, 2023, the parties shall meaningfully confer and file a Joint Statement of Undisputed Facts relating to Defendant's Motion for Summary Judgment [ECF No. #39 ], pursuant to the Courts Scheduling Order [ECF No. #12 ]. Plaintiff shall file his response in opposition to Defendant's Motion for Summary Judgment on or before November 17, 2023. Signed by Judge Aileen M. Cannon on 11/7/2023. See attached document for full details. (nan)
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| Filing 42 RESPONSE to Motion re #41 Defendant's MOTION in Limine filed by Santos Hernandez. Replies due by 11/13/2023. (Attachments: #1 Exhibit A - Deposition Transcript of Shayann Ineland)(McCloskey, Shawn) |
| Filing 41 Defendant's MOTION in Limine by Wal-Mart Stores East, LP. (Neville, Nicholas) |
| Filing 40 Statement of: Material Facts in Support of its Motion for Summary Judgment by Wal-Mart Stores East, LP (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Neville, Nicholas) |
| Filing 39 Defendant's MOTION for Summary Judgment by Wal-Mart Stores East, LP. Responses due by 11/6/2023 (Neville, Nicholas) |
| Filing 38 PAPERLESS NOTICE of Hearing: Status Conference set for 11/6/2023 10:45 AM in Fort Pierce Division before Judge Aileen M. Cannon via Zoom. The Zoom link and information will be emailed to the parties of record. (tci) |
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Filing 37
PAPERLESS ORDER striking #36 Plaintiff's Expert Witness List. Local Rule 26.1(b) prohibits parties from filing certain discovery materials, including expert witness disclosures. See S.D. Fla. L. R. 26.1(b). Accordingly, the expert disclosures specified in this Order are stricken. Signed by Judge Aileen M. Cannon on 8/16/2023. (sj00)
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| Filing 36 Stricken per order de#37-Witness List Expert by Santos Hernandez.. (McCloskey, Shawn) Modified text on 8/16/2023 (drz). |
| Filing 35 FINAL MEDIATION REPORT by Shawn McCloskey. Disposition: Case did not settle. (McCloskey, Shawn) |
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Filing 34
PAPERLESS ORDER striking #33 Plaintiff's Final Mediation Report. Pursuant to the Court's Order Scheduling Mediation #26 , the parties must jointly file a final mediation report signed by both parties. Plaintiff's Mediation Report is not signed by both parties #33 . On or before August 7, 2023, the parties shall jointly file a final mediation report that is signed by both parties' counsel and that fully complies with the Court's Order #26 . Signed by Judge Aileen M. Cannon on 8/4/2023. (sj00)
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| Filing 33 (STRICKEN PER DE# 34 ) FINAL MEDIATION REPORT by Shawn McCloskey. Disposition: Case did not settle. (McCloskey, Shawn) Modified Text on 8/7/2023 (cds). |
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Filing 32
ORDER RESCHEDULING MEDIATION The mediation in this case shall be held before Kevin "Bo" Dennis on August 3, 2023, 10:00 A.M. Signed by Judge Aileen M. Cannon on 5/24/2023. See attached document for full details. (jbs)
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| Filing 31 Second SCHEDULING REPORT - Rule by Santos Hernandez (McCloskey, Shawn) |
| Filing 30 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on May 15, 2023. The parties updated the Court on the status of the case and reported no discovery issues or matters requiring the Court's attention. Total time in court: 10 minutes. Attorney Appearances: Shawn Gregory McCloskey (Counsel for Plaintiff) and Nicholas G. Neville (Counsel for Defendant). Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (sj00) |
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Filing 29
PAPERLESS Order Cancelling the Telephonic Discovery Hearing previously scheduled for 4/4/2023 based on counsel's representation that the discovery dispute has been resolved. Signed by Magistrate Judge Bruce E. Reinhart on 3/29/2023. (kso)
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Filing 28
PAPERLESS Order setting a Telephonic Discovery Hearing at the request of the parties for 4/4/2023 at 2:30 PM before Magistrate Judge Bruce E. Reinhart. The parties are reminded to follow the Standing Discovery Order procedures and file a Joint Discovery Memo at least 48 hours prior to the hearing. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 3/28/2023. (kso)
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| Filing 27 PAPERLESS NOTICE of Hearing: Status Conference set for 5/15/2023 11:00 AM in Fort Pierce Division before Judge Aileen M. Cannon via Zoom. The Zoom link and information will be emailed to the parties of record. (tci) |
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Filing 26
ORDER Scheduling Mediation before Steven R. Jaffe Mediation Hearing set for 8/1/2023 10:00 AM Signed by Judge Aileen M. Cannon on 2/21/2023. See attached document for full details. (pc)
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| Filing 25 NOTICE by Wal-Mart Stores East, LP of Filing Index of State Court Docket Entries (Attachments: #1 Docket Sheet 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Manzo, Christine) |
| Filing 24 STATUS REPORT Removal Status Report by Wal-Mart Stores East, LP (Manzo, Christine) |
| Filing 23 NOTICE of Change of Address, Email or Law Firm Name by Nicholas G. Neville (Neville, Nicholas) |
| Filing 22 NOTICE of Mediator Selection and Hearing. Amended Notice of Mediation Selected/Added Steven Jaffe as Mediator. Mediation Hearing set for 8/1/2023 at 10:00 a.m.. (Jaffe, Steven) |
| Filing 21 Joint Joint Report in Response to Paperless Order Regarding Mediation to 19 Order,,,, by Santos Hernandez. (McCloskey, Shawn) |
| Filing 20 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Steven Jaffe as Mediator. Mediation Hearing set for 08/1/2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(McCloskey, Shawn) |
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Filing 19
PAPERLESS ORDER: The Court is in receipt of the parties' third non-compliant Notice of Mediator Selection #18 . The First Notice #14 was non-compliant because it was signed only by Plaintiff and did not specify the time for mediation 15 . The Second Notice #16 was non-compliant because it was submitted by the mediator and not the parties 17 . The instant Notice #18 is non-compliant because it calls for mediation to take place over Zoom despite the Court's Scheduling Order instructing the parties that Mediation must take place in person #12 (emphasis in original). After each of the first two non-compliant notices, the Court issued orders directing the parties to file a renewed notice of mediator selection that complies with the Court's Scheduling Order 15 17 , yet the parties still have failed to comply. Accordingly, it is Ordered and Adjudged as follows. On or before February 17, 2023, the parties shall file a joint report justifying why this case should not be remanded and/or dismissed for failure to comply with Court orders. Signed by Judge Aileen M. Cannon on 2/15/2023. (sj00)
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| Filing 18 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Steven Jaffe as Mediator. Mediation Hearing set for 8/1/2023 at 10:00am. (Manzo, Christine) |
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Filing 17
PAPERLESS ORDER: The court takes note of #16 Notice of Mediator Selection filed by the Mediator. Pursuant to the Court's Scheduling Order #12 and Order Striking Plaintiff's Notice of Mediator Selection 15 , the parties are required to jointly file a notice of mediator selection that complies with the Court's Scheduling Order #12 . The parties shall have one final opportunity to file a compliant notice. On or before February 17, 2023, the parties shall jointly file a renewed notice of mediator selection that complies with the Court's Scheduling Order #12 . Signed by Judge Aileen M. Cannon on 2/14/2023. (sj00)
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| Filing 16 NOTICE of Mediator Selection and Hearing. Notice of Mediation Selected/Added Steven Jaffe as Mediator. Mediation Hearing set for 8/1/2023 at 10:00 a.m.. (Jaffe, Steven) |
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Filing 15
PAPERLESS ORDER striking #14 Plaintiff's Notice of Mediator Selection. Pursuant to the Court's Scheduling Order #12 , the parties are required to file a joint notice of mediator selection setting forth the name of the mediator and the time, date, and place for mediation. The present Notice is signed by Plaintiff only and does not specify the time for mediation. On or before February 13, 2023, the parties shall jointly file a renewed notice of mediator selection that complies with the Court's Scheduling Order #12 . Signed by Judge Aileen M. Cannon on 2/8/2023. (sj00)
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| Filing 14 (STRICKEN PER DE#15)First NOTICE of Mediator Selection. Selected/Added Steven Jaffe as Mediator. (McCloskey, Shawn) Text Modified on 2/8/2023 (cqs). |
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Filing 13
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 2/1/2023. See attached document for full details. (drz)
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Filing 12
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 2/12/2024 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 2/6/2024 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 3/17/2023., Discovery due by 10/6/2023., Expert Discovery due by 10/6/2023., Joinder of Parties due by 3/17/2023., Mediation Deadline 10/16/2023., In Limine Motions due by 1/15/2024., Dispositive Motions due by 10/23/2023., Motions due by 10/23/2023., Pretrial Stipulation due by 1/15/2024.). Signed by Judge Aileen M. Cannon on 1/31/2023. 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.
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| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Wal-Mart Stores East, LP identifying Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC, Corporate Parent Walmart Stores East, LLC, Corporate Parent Walmart Inc. for Wal-Mart Stores East, LP (Manzo, Christine) |
| Filing 10 Joint SCHEDULING REPORT - Rule 16.1 by Wal-Mart Stores East, LP (Attachments: #1 Text of Proposed Order)(Manzo, Christine) |
| Filing 9 NOTICE by Santos Hernandez (McCloskey, Shawn) |
| Filing 8 NOTICE of Striking by Santos Hernandez (McCloskey, Shawn) |
| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Santos Hernandez (McCloskey, Shawn) |
| Filing 6 STRICKEN per DE #8 . NOTICE of Lis Pendens by Santos Hernandez (McCloskey, Shawn) Modified on 1/18/2023 (pcs). |
| Filing 5 NOTICE of Lis Pendens by Santos Hernandez (McCloskey, Shawn) |
| Filing 4 Clerk's Notice of Docket Correction incorrect event was used and the order was re-docketed at DE #3 Notice of Court Practice/to Appear/Other, Set/Reset Deadlines, Correction Other. (ebz) |
| Filing 3 NOTICE OF COURT PRACTICES IN REMOVAL CASES, ( Status Report due by 2/21/2023.) Signed by Judge Aileen M. Cannon on 1/17/2023. See attached document for full details. (ebz) |
| NOTICE OF COURT PRACTICES IN REMOVAL CASES. Status Report due by 2/21/2023. Signed by Judge Aileen M. Cannon on 1/17/2023. See attached document for full details. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16239501, filed by Wal-Mart Stores East, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint & Other State Court Documents, #3 Exhibit B, #4 Exhibit C, #5 Exhibit Composite Ex. D, #6 Exhibit E, #7 Exhibit F, No Answer/Motion to Dismiss filed.)(Manzo, Christine) Modified Attachment Description on 1/13/2023 (nan). |
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| Petitioner: Santos Hernandez | |
| Represented By: | Shawn Gregory McCloskey |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Christine Michelle Manzo |
| Represented By: | Nicholas G. Neville |
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