Deal v. The Home Depot, Inc.
| Arnissa Deal |
| The Home Depot USA, Inc. and The Home Depot, Inc. |
| 9:2023cv81003 |
| July 6, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 Clerk's Notice to Filer re #11 Response/Reply (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#14]. It is not necessary to refile this document. (ls) |
Filing 13
PAPERLESS ORDER DISCHARGING ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: The Court has carefully reviewed Plaintiff's counsel's Response to Order to Show Cause [DE 11]. It appears, based upon the representation of counsel---Kurt Keeter Thompson, Esq.---that Plaintiff's counsel failed to attend the Scheduling Conference due to an "unfortunate and regrettable misunderstanding and/or communication" with one of his paralegals. [DE 11 at 2]. Mr. Thompson represents that "[a] new procedure is being implemented... to ensure that such errors are avoided in the future." Id. The Court accepts the good-faith representation in the Response and declines to sanction Mr. Thompson or Plaintiff in this case. The Order to Show Cause [DE 8] is therefore DISCHARGED. No further action will be taken by the Court, and the Court considers this matter closed. However, the Court cautions counsel that any future failure to appear at a hearing may have serious consequences. The Court expects that counsel has taken, and will continue to take, appropriate steps to avoid this issue from recurring. Signed by Magistrate Judge William Matthewman on 9/1/2023. (cpe)
|
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re 8 Order to Show Cause,,,,,, by Arnissa Deal. (ls)(See Image at DE #11 ) |
| Filing 12 NOTICE of Settlement by The Home Depot, Inc. (Miller, Dorsey) |
| Filing 11 RESPONSE to the Magistrate Judge William Matthewman Order to Show Cause and Incorporated Memorandum of Law by Arnissa Deal. (Thompson, Kurt) |
| Filing 10 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand to Plaintiff's First Amended Complaint by The Home Depot, Inc.. (Miller, Dorsey) |
|
Filing 9
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/21/2023., Discovery due by 1/11/2024., Joinder of Parties due by 9/21/2023., In Limine Motions due by 1/25/2024., Dispositive Motions due by 1/25/2024., Motions due by 1/25/2024., Pretrial Stipulation due by 2/26/2024., Jury Trial set for 3/25/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/20/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 8/24/2023. See attached document for full details. (nan) #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.
|
|
Filing 8
"DISCHARGED" PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: This case was duly set and noticed on August 16, 2023, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on August 24, 2023 at 2:30 p.m. [DE 6]. At the time of the scheduled hearing on August 24, 2023, the Court called the case, but there was no appearance by Plaintiff's counsel. The failure of Plaintiff's counsel to appear as required prevented the Court from discussing several important issues with the parties' counsel and has disrupted this Court's schedule. Accordingly, Plaintiff's counsel, Kurt Keeter Thompson, Esq. is hereby ORDERED TO SHOW CAUSE as to why he and/or Plaintiff should not be sanctioned or held in contempt of court for failing to appear at the duly noticed Scheduling Conference. Plaintiff's counsel shall file a written response to this Court's Order to Show Cause on or before August 31, 2023. Failure to comply with this Order may result in further sanctions upon Plaintiff's counsel and/or Plaintiff. Further, Plaintiff's counsel is ORDERED to provide a copy of this Order and his Response to this Court's Order to Show Cause to the Plaintiff, Arnissa Deal. Despite Plaintiff's counsel's failure, and so as not to delay this case, the Court will separately enter the Pretrial Scheduling Order despite the non-attendance of Plaintiff's counsel. Signed by Magistrate Judge William Matthewman on 8/24/2023. (cpe) Modified on 9/1/2023 (ls). (per DE #13)
|
| Filing 7 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Scheduling Conference held on 8/24/2023 via Zoom Video Teleconference. Defendant's counsel timely appeared but Plaintiff's counsel failed to appear. Due to the failure of Plaintiff's counsel to appear, the Court could only hold an abbreviated scheduling conference. An Order to Show Cause to Plaintiff's counsel for failing to appear shall be issued by the Court. Further, a written Scheduling Order and order of referral to mediation shall also be separately issued. Total time in court: 0 hour(s) : 5 minutes. Attorney Appearance(s): Dorsey C. Miller, III. (Digital Zoom Video Recording Start Time: 2:31 p.m.) (cpe) |
|
Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/24/2023 at 2:30 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 8/16/2023. (no00)
|
|
Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 3/25/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/20/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/9/2023. See attached document for full details. (nan) #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.
|
| Filing 4 STATUS REPORT by The Home Depot, Inc. (Miller, Dorsey) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Nature of Suit when filing. The correction was made. It is not necessary to re-file this document. (jas) |
| 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal) Filing fee $ 402.00 receipt number AFLSDC-16744755, filed by The Home Depot USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit "A")(Miller, Dorsey) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
