CAPPS v. SUNBEAM PRODUCTS, INC.
| TABATHA CAPPS |
| SUNBEAM PRODUCTS, INC. |
| 1:2023cv00548 |
| July 6, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER Appointing RENE STEMPLE TREHY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa)
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Filing 26
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/24/2023, that the parties Joint Rule 26(f) Report [Doc. #24 is approved as submitted and as noted herein. Discovery due by 03/20/2024. The parties agree that the appropriate plan for this case is that designated in LR 26.1(a) as Complex. The parties agree that the mediator shall be Rene Trehy. The parties have conferred and are not able to agree that the trial of this matter may be conducted by a U.S. Magistrate Judge. Trial of this action is expected to take approximately four to five days. A jury trial has been demanded. (Taylor, Abby)
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| NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (Taylor, Abby) |
| MEDIATION SCHEDULING ORDER; Mediation due by 1/11/2024. (Bond, Melisa) |
| Filing 25 NOTICE of Special Appearance by attorney BRENT MOFFETT on behalf of Defendant SUNBEAM PRODUCTS, INC. ( Filing fee $ 25 receipt number ANCMDC-3636002.) (MOFFETT, BRENT) |
| Motions Referred: RE: #24 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 24 Rule 26(f) Report (Joint) filed by all parties by SUNBEAM PRODUCTS, INC..(BUCKLEY, THOMAS) |
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Filing 23
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/02/2023, granting #20 Motion to Withdraw as Attorney. Attorney JENNIFER ANN MCLOONE terminated. (Taylor, Abby)
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| Filing 22 NOTICE of Special Appearance by attorney BRANDON A SWARTZ on behalf of Plaintiff TABATHA CAPPS ( Filing fee $ 25 receipt number ANCMDC-3614961.) (SWARTZ, BRANDON) |
| Filing 21 NOTICE of Special Appearance by attorney BRYAN M FERRIS on behalf of Plaintiff TABATHA CAPPS ( Filing fee $ 25 receipt number ANCMDC-3614441.) (FERRIS, BRYAN) |
| Motions Referred: RE: #20 Consent MOTION to Withdraw as Attorney JENNIFER ANN MCLOONE , to MAG/JUDGE JOI ELIZABETH PEAKE (Winchester, Robin) |
| Filing 20 Consent MOTION to Withdraw as Attorney JENNIFER ANN MCLOONE by on behalf of SUNBEAM PRODUCTS, INC.. (MCLOONE, JENNIFER) |
| Filing 19 NOTICE of Attorney Appearance by attorney ALLEGRA A. SINCLAIR on behalf of Defendant SUNBEAM PRODUCTS, INC. (SINCLAIR, ALLEGRA) |
| Filing 18 NOTICE of Attorney Appearance by attorney THOMAS MORE BUCKLEY on behalf of Defendant SUNBEAM PRODUCTS, INC. (BUCKLEY, THOMAS) |
| Filing 17 NOTICE of Attorney Appearance by attorney EMILY J. BEESON on behalf of Plaintiff TABATHA CAPPS (BEESON, EMILY) |
| Filing 16 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/24/2023 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
| Filing 15 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Winchester, Robin) |
| Filing 14 Notice of Right to Consent. (Attachments: #1 Consent Form) (Bowers, Alexis) |
| Filing 13 ECF 30 Day Notice as to Attorney JENNIFER ANN MCLOONE. ECF 30 Day Notice due by 8/7/2023. (Bowers, Alexis) |
| Filing 12 ECF 30 Day Notice as to Attorney ETHAN BRANDON RODAN. ECF 30 Day Notice due by 8/7/2023. (Bowers, Alexis) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Bowers, Alexis) |
| Filing 11 Case transferred in from District of Florida Southern; Case Number 9:23-cv-80834. Original file certified copy of transfer order and docket sheet received. |
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Filing 10
ORDER GRANTING #9 DEFENDANT'S UNOPPOSED MOTION TO TRANSFER VENUE. TRANSFERRING Case to Middle District of North Carolina. CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 6/30/2023. See attached document for full details. (caw) [Transferred from Florida Southern on 7/6/2023.]
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| Filing 9 Unopposed MOTION to Change Venue For Forum Non Conveniens by Sunbeam Products, Inc.. Responses due by 7/7/2023 (McLoone, Jennifer) [Transferred from Florida Southern on 7/6/2023.] |
| Filing 8 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Sunbeam Products, Inc.. (McLoone, Jennifer) [Transferred from Florida Southern on 7/6/2023.] |
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Filing 7
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/12/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/7/2024 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/20/2023. See attached document for full details. (cds) #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. [Transferred from Florida Southern on 7/6/2023.]
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Filing 6
PAPERLESS ORDER granting in part and denying in part #5 Motion for Extension of Time to File Response to a Complaint. Defendant seeks a month-long extension of time to respond to the Complaint. In support, Defendant cites "the legal and factual issues implicated by Plaintiff's Complaint." However, motions for extension of time must set forth good cause supported by specific facts. Even though the motion is unopposed, only a two-week extension will be granted. As a result, Defendant must respond to the Complaint by June 21, 2023. Signed by Judge Donald M. Middlebrooks on 6/2/2023. (kco) [Transferred from Florida Southern on 7/6/2023.]
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Sunbeam Products, Inc.. (Attachments: #1 Text of Proposed Order)(McLoone, Jennifer) [Transferred from Florida Southern on 7/6/2023.] |
| Filing 4 Bar Letter re: Admissions sent to attorney Ethan Brandon Rodan, mailing date May 30, 2023. (cw) [Transferred from Florida Southern on 7/6/2023.] |
| Filing 3 Defendant's Corporate Disclosure Statement by SUNBEAM PRODUCTS, INC. identifying Corporate Parent Newell Brands Inc., Other Affiliate Blackrock Inc. for SUNBEAM PRODUCTS, INC. (McLoone, Jennifer) [Transferred from Florida Southern on 7/6/2023.] |
| 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. (rbe) [Transferred from Florida Southern on 7/6/2023.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Action Complaint And Jury Demand) Filing fee $ 402.00 receipt number AFLSDC-16649808, filed by SUNBEAM PRODUCTS, INC. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-State Court Complaint, #3 Exhibit B-State Court Docket and Court File, #4 Exhibit C-Sunbiz Corporate Inquiry, #5 Exhibit D-State Court Notice of Filing Removal)(McLoone, Jennifer) Modified text & attachment description on 5/30/2023 (rbe). [Transferred from Florida Southern on 7/6/2023.] |
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