Mascato v. Wal-Mart Stores East, L.P. et al
| Faith Mascato |
| Wal-Mart Stores East, L.P. and Clintay Deon Demps |
| 9:2023cv81564 |
| December 15, 2023 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 29
PAPERLESS ORDER. Consistent with the parties' stipulation, the Court dismisses Count II and Paragraphs 17(k) and 17(n) of Plaintiff's Complaint. See DE 27, 28. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 28 REPLY to Response to Motion re #11 Plaintiff's MOTION for Extension of Time to respond to Wal-Mart's Motion to Strike and/or Dismiss and Incorportaed Memorandum of Law filed by Faith Mascato. (Attachments: #1 Exhibit Exhibit A)(Keen, William) |
| Filing 27 JOINT STIPULATION OF LIMITED DISMISSAL OF COUNT II AND PARAGRAPHS 17(k) and 17(n) OF PLAINTIFFS COMPLAINT AND INCORPORATED MEMORANDUM OF LAW by Faith Mascato. (Attachments: #1 Exhibit)(Keen, William) |
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Filing 26
ORDER SETTING ZOOM DISCOVERY STATUS CONFERENCE: STATUS CONFERENCE Re: Discovery Matters set for 6/27/2024 at 02:00 PM, via Zoom, before Magistrate Judge Bruce E. Reinhart. Joint Discovery Status Report due by 6/20/2024. Signed by Magistrate Judge Bruce E. Reinhart on 1/24/2024. See attached document for full details. (caw)
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Filing 25
PAPERLESS ORDER denying as moot #21 Motion to Amend/Correct ; denying as moot #21 Motion for Leave to File. See DE 23. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 24 Clerk's Notice to Filer re #21 Response/Reply (other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas) |
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Filing 23
PAPERLESS ORDER denying the Plaintiff's Motion to Remand #14 . The Plaintiff argues that the Defendant failed to remove this matter within the 30-day time period for removal, citing 28 U.S.C. section 1446(b)(3). The time limit begins to run when "it may first be ascertained" that the case is removable. Id. Here, the Defendant removed this matter within 30 days of receipt of evidence that the Defendant store manager was not present in the store at the time of the slip and fall in this case. That is timely. See WMS, LLC v. Allied Prop. & Cas. Co., 244 F. Supp. 3d 567, 572 (W.D. Tex. 2017). Given the store manager's absence, the Defendant has established the fraudulent joinder of the manager in this case for all of the reasons set forth in the Response. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 22 Clerk's Notice to Filer re #20 RESPONSE in Opposition. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas) |
| Filing 21 Plaintiff's Motion and Incorporated Memorandum of Law for Leave to Include a 21st page in Plaintiff's Motion for Remand and to Accept Plaintiff's Motion for Remand as filed or alternatively, Motion for Leave to File an Amended Motion to Reduce Page Count by 1/2 Page to 20 Pages by Faith Mascato. (Keen, William) Modified to add motion reliefs on 1/23/2024 (jas). |
| Filing 20 Motion to Strike Response, and Memorandum of Law in Opposition to Plaintiff's Motion to Remand re #14 Plaintiff's Motion to Remand to State Court, filed by Wal-Mart Stores East, L.P.. Replies due by 1/29/2024. (Kirsch, Harris) Modified to add motion relief on 1/23/2024 (jas). |
| Filing 19 NOTICE of Striking #16 Response in Opposition to Motion filed by Wal-Mart Stores East, L.P. by Wal-Mart Stores East, L.P. (Kirsch, Harris) |
| Filing 18 Clerk's Notice to Filer re #16 Response in Opposition to Motion. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
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Filing 17
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, PRETRIAL DEADLINES, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MEDIATION: Fact Discovery due by 8/2/2024. Expert Discovery due by 8/2/2024. Dispositive Motions due by 9/2/2024. JURY TRIAL set for 12/2/2024 at 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. CALENDAR CALL set for 11/27/2024 at 10:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. STATUS CONFERENCE set for 10/16/2024 at 10:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. ORDER REFERRING CASE to Mediation. Mediation Deadline 10/1/2024. Signed by Judge Robin L. Rosenberg on 1/22/2024. 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 16 STRICKEN per DE#19 , RESPONSE in Opposition re #14 Plaintiff's MOTION to Remand to State Court filed by Wal-Mart Stores East, L.P.. Replies due by 1/29/2024. (Kirsch, Harris) Modified text on 1/23/2024 (jas). |
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Filing 15
PAPERLESS ORDER granting in part and denying in part #11 Motion for Extension of Time insofar as Plaintiff's Response shall be due on or before January 29, 2024. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 14 Plaintiff's MOTION to Remand to State Court by Faith Mascato. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Keen, William) |
| Filing 13 Clerk's Notice of Docket Correction re #12 Order to Show Cause. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 23cv81594. (wce) |
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Filing 12
(DOCKETED IN ERROR)ORDER TO SHOW CAUSE: Accordingly, it is thereupon ORDERED AND ADJUDGED that Defendant shall show cause no later than January 12, 2024 as to why it has not submitted a response to the Complaint #1 . Signed by Senior Judge James I. Cohn on 1/8/2024. See attached document for full details. (wce) Modified Text on 1/8/2024 (wce).
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| Filing 11 Plaintiff's MOTION for Extension of Time to respond to Wal-Mart's Motion to Strike and/or Dismiss and Incorportaed Memorandum of Law by Faith Mascato. Responses due by 1/18/2024 (Attachments: #1 Exhibit Proposed Order)(Keen, William) |
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Filing 10
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 1/3/2024. See attached document for full details. (caw)
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| Filing 9 NOTICE of Attorney Appearance by William Hampton Keen on behalf of Faith Mascato (Keen, William) |
| Filing 8 MEMORANDUM of Law in Support of Motion to Dismiss/Strike by Wal-Mart Stores East, L.P.. (Kirsch, Harris) |
| Filing 7 STATUS REPORT by Wal-Mart Stores East, L.P. (Kirsch, Harris) |
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Filing 6
ORDER Of Reference To Magistrate Judge And Order Of Court-Mandated Requirements On Service, Defaults, And Joint Scheduling Reports. Signed by Judge Robin L. Rosenberg on 12/21/2023. See attached document for full details. (kpe)
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| Filing 5 NOTICE Of Court Practice In Removal Cases. Signed by Judge Robin L. Rosenberg on 12/21/2023. See attached document for full details. (kpe) |
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Filing 4
PAPERLESS ORDER granting #3 Motion to Withdraw as Attorney. Sarah Cibula Feller representing Mascato, Faith (Plaintiff) withdrawn from case. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 3 MOTION to Withdraw as Attorney by Sarah Cibula Feller for / by Faith Mascato. Responses due by 1/2/2024 (Feller, Sarah) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. 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. 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. (caw) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17148447, filed by Wal-Mart Stores East, L.P.. (Attachments: #1 Civil Cover Sheet, #2 Docket Sheet, #3 Appendix, #4 Appendix - State Court Complaint, #5 Appendix, #6 Appendix, #7 Summon(s), #8 Summon(s), #9 Appendix, #10 Appendix, #11 Appendix, #12 Appendix, #13 Appendix, #14 Appendix, #15 Appendix, #16 Appendix, #17 Appendix, #18 Appendix, #19 Appendix - Defendant Demps Motion to Dismiss, #20 Appendix, #21 Appendix, #22 Appendix, #23 Appendix, #24 Appendix, #25 Appendix, #26 Appendix, #27 Appendix, #28 Appendix, #29 Appendix - Defendant Wal-Mart Answer, #30 Appendix, #31 Appendix, #32 Appendix, #33 Appendix, #34 Appendix, #35 Appendix, #36 Appendix, #37 Appendix, #38 Appendix, #39 Appendix, #40 Appendix, #41 Appendix, #42 Appendix, #43 Appendix, #44 Appendix, #45 Appendix, #46 Appendix, #47 Appendix, #48 Appendix, #49 Appendix, #50 Appendix - Defendant Demps Answer, #51 Appendix, #52 Exhibit B, #53 Exhibit A, #54 Exhibit C)(Kirsch, Harris) Modified on 12/18/2023 (caw). |
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