Fuller v. Sunbeam Products, Inc. et al
| Malcom Fuller |
| Sunbeam Products, Inc. and Newell Brands, Inc. |
| 9:2023cv81024 |
| July 12, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 Agreed MOTION to Consolidate Cases For the Purpose of Discovery and Transfer to Judge Martinez by Malcom Fuller. Responses due by 9/19/2023 (Attachments: #1 Text of Proposed Order Order Granting Motion to Consolidate Cases for the Purpose of Discovery and Transfer to Judge Martinez)(Baca, Gabriel) |
Filing 13
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 9/21/2023. Discovery due by 1/11/2024. Fact Discovery due by 1/11/2024. Expert 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 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 3/20/2024 at 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. (caw) #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 12 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Scheduling Conference held on 8/24/2023 via Zoom Video Teleconference. The Court discussed whether parties would be added, 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: 0 hour(s) : 24 minutes. Attorney Appearance(s): Gabriel Antonio Baca, Catherine Wesely Higgins. (Digital Zoom Video Recording Start Time: 2:04 p.m.) (cpe) |
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Filing 11
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/24/2023 at 2:00 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)
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| Filing 10 AMENDED NOTICE OF REMOVAL and Copies of All Process and Pleadings against Malcom Fuller, filed by Newell Brands, Inc., Sunbeam Products, Inc.. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B to Notice of Removal)(Higgins, Catherine) |
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Filing 9
ORDER ON JURISDICTIONAL DEFECT. Amended Notice of Removal due by 7/26/2023. Signed by Judge Donald M. Middlebrooks on 7/21/2023. See attached document for full details. (caw)
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Filing 8
ORDER REFERRING CASE AND SETTING TRIAL DATE: JURY TRIAL set for 3/25/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 3/20/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman for Pretrial Non-Dispositive Matters. Signed by Judge Donald M. Middlebrooks on 7/20/2023. See attached document for full details. (caw) #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 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Newell Brands, Inc.. (Higgins, Catherine) |
| Filing 6 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Sunbeam Products, Inc.. (Higgins, Catherine) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement Certificate of Interested Persons by Newell Brands, Inc. identifying Other Affiliate Blackrock Inc., Other Affiliate Icahn Enterprises, L.P. for Newell Brands, Inc. (Higgins, Catherine) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement Certificate of Interested Persons by Sunbeam Products, Inc. identifying Other Affiliate Blackrock Inc., Other Affiliate Icahn Enterprises, L.P. for Sunbeam Products, Inc. (Higgins, Catherine) |
| Filing 3 Bar Letter re: Admissions sent to attorney Steven D. Cohn, mailing date July 13, 2023, (pt) |
| 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16758921, filed by Newell Brands, Inc., Sunbeam Products, Inc. No Answer / Motion to Dismiss Filed. (Attachments: #1 Exhibit A - State Court Complaint / File, #2 Exhibit B to Notice of Removal, #3 Civil Cover Sheet)(Higgins, Catherine) Modified text & attachment description on 7/12/2023 (rbe). |
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