Buckhalter v. Wal-Mart Stores East LP
Plaintiff: Briana Buckhalter
Defendant: Wal-Mart Stores East LP
Case Number: 9:2023cv80860
Filed: June 1, 2023
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 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2023 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 Defendant's Unopposed Motion to File Sur-reply. The Sur-reply must be filed on or by July 31, 2023. Signed by Judge Donald M. Middlebrooks on 7/24/2023. (kal)
July 21, 2023 Filing 14 Defendant's MOTION Motion for Leave to File Sur-Reply to Plaintiff Reply in Further Opposition to Motion for Remand re #5 MOTION to Reassign Case by Wal-Mart Stores East LP. (Golani, Marta)
July 17, 2023 Opinion or Order Filing 13 PAPERLESS ORDER granting #11 Motion for Extension of Time. Plaintiff's Reply (DE #12 ) shall be deemed timely filed on July 14, 2023. Signed by Judge Donald M. Middlebrooks on 7/17/2023. (kal)
July 14, 2023 Filing 12 REPLY to Response to Motion re #5 MOTION to Reassign Case filed by Briana Buckhalter. (Attachments: #1 Exhibit 1 - Proof of service, #2 Exhibit 2- Proposed Amended State Court Complaint, #3 Exhibit 3 - Emails with Defense Counsel, #4 Exhibit 4 - Linked In Profile)(Adams, Marni)
July 14, 2023 Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #6 Response in Opposition to Motion, by Briana Buckhalter. (Attachments: #1 Text of Proposed Order)(Adams, Marni)
July 13, 2023 Opinion or Order Filing 10 PAPERLESS ORDER granting #8 the parties' Joint Motion to Reschedule Scheduling Conference. Good cause shown, it is hereby ORDERED that the Motion [DE 8] is GRANTED. The Scheduling Conference previously set for August 4, 2023 at 1:30 p.m. is hereby RESET to August 10, 2023 at 2:00 p.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 7/13/2023. (no00)
July 13, 2023 Filing 9 NOTICE of Attorney Appearance by Marta R. Golani on behalf of Wal-Mart Stores East LP (Golani, Marta)
July 13, 2023 Filing 8 Joint MOTION Reschedule Scheduling Conference re 7 Order,,,,, Set/Reset Hearings,,,, by Wal-Mart Stores East LP. (Golani, Marta)
July 11, 2023 Opinion or Order Filing 7 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/4/2023 at 1:30 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 7/11/2023. (cpe)
July 5, 2023 Filing 6 RESPONSE in Opposition re #5 MOTION to Reassign Case filed by Wal-Mart Stores East LP. Replies due by 7/12/2023. (Attachments: #1 Exhibit Declaration of Michael Gillespie, #2 Exhibit Declaration of Lisa Pettengill, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Golani, Marta)
June 21, 2023 Filing 5 MOTION to Reassign Case by Briana Buckhalter. Attorney Marni Klein Adams added to party Briana Buckhalter(pty:pla). (Adams, Marni)
June 20, 2023 Opinion or Order Filing 4 ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 2/26/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/21/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/20/2023. See attached document for full details. (pc) #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 1, 2023 Filing 3 Clerk's Notice to Filer re: The Civil Cover Sheet information regarding Venue was incorrect. (pc)
June 1, 2023 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. (pc)
June 1, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16662776, filed by Wal-Mart Stores East LP. (Attachments: #1 Civil Cover Sheet USDC Civil Cover Sheet, #2 Exhibit Exhibit A - Complaint, #3 Exhibit Exhibit B - Return of Service, #4 Exhibit Exhibit C - Demand Letters, #5 Exhibit Exhibit D - Docket State Court Composite)(Golani, Marta) (Complaint see pg. 4 of Exh.A, Answer see pg. 29 Exh.D, No Motion to Dismiss filed) Modified on 6/2/2023 (pc).

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Plaintiff: Briana Buckhalter
Represented By: Marni Klein Adams
Represented By: Theodore Jay Berman
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Defendant: Wal-Mart Stores East LP
Represented By: Marta R. Golani
Represented By: Suzette Luisa Russomanno
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