Docket Entries Since Last Update
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Court Dockets
U.S. District Court
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:20-cv-01638-VMC-CPT
Middle District of Florida (Tampa)
CIVIL DOCKET FOR CASE #: 8:20-cv-01638-VMC-CPT
Scott et al v. McDonald's Corporation et al
DOCKET INFORMATION
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| Plaintiff |
Monica Scott
Plaintiff
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| Representation | |||
| Amanda C. Lynch Altshuler Berzon LLP 177 Post St., Suite 300 San Francisco, CA 94108 (415) 421-7151 Fax: (415) 362-8064 alynch@altshulerberzon.com PRO HAC VICE ATTORNEY TO BE NOTICED | Eve H. Cervantez Altshuler Berzon LLP 177 Post St., Suite 300 San Francisco, CA 94108 (415) 421-7151 Fax: (415) 362-8064 ecervantez@altshulerberzon.com PRO HAC VICE ATTORNEY TO BE NOTICED | Mary Joyce Carlson Law Office of Mary Joyce Carlson 4701 Willard Ave., Suite 1705 Chevy Chase, MD 20815 (202) 230-4096 carlsonmjj@yahoo.com PRO HAC VICE ATTORNEY TO BE NOTICED | |
| Peter Frederick Helwig Harris & Helwig, P.A. 6700 S Florida Ave Ste 31 Lakeland, FL 33813 (863) 648-2958 Fax: (863) 619-8901 pfhelwig@tampabay.rr.com ATTORNEY TO BE NOTICED | |||
| Defendant |
McDonald's Corporation
Defendant
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| Representation | |||
| Jurate Schwartz Proskauer Rose, LLP 2255 Glades Rd Boca Raton, FL 33431-7360 (561) 995-4732 Fax: (561) 241-7145 jschwartz@proskauer.com Suite 421 Atrium LEAD ATTORNEY ATTORNEY TO BE NOTICED | Nigel F. Telman Proskauer Rose, LLP Three First National Plaza 70 West Madison, Suite 3800 Chicago, IL 60602-4342 (312) 962-3550 Fax: (312) 962-3551 ntelman@proskauer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Tulio D. Chirinos Proskauer Rose, LLP 2255 Glades Rd., Suite 421A Boca Raton, FL 33431 (561) 995-4737 Fax: (561) 241-7145 tchirinos@proskauer.com ATTORNEY TO BE NOTICED | |
| Mediator |
Mark Hanley TERMINATED: 10/13/2020Mediator
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| Representation | |||
| Mark A. Hanley Bradley Arant Boult Cummings 100 N. Tampa Street Suite 2200 Tampa, FL 33602 (813) 559-5500 mhanley@bradley.com TERMINATED: 10/13/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Mediator |
Carlos J. Burruezo TERMINATED: 06/17/2021Mediator
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| Representation | |||
| Carlos J. Burruezo Burruezo & Burruezo, PLLC 911 Outer Rd. Orlando, FL 32814 (407) 754-2904 Fax: (407) 754-2905 carlos@burruezolaw.com TERMINATED: 06/17/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Jul 17, 2020 | View | COMPLAINT against All Defendants with Jury Demand (Filing Fee $400 receipt number 113A-17068851) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Helwig, Peter) Modified on 7/17/2020 (CRH). (Entered: 07/17/2020) |
| 2 | Jul 17, 2020 | Request | NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-1638-T-33CPT. (SJB) (Entered: 07/17/2020) |
| 3 | Jul 17, 2020 | Request | NOTICE to counsel Amanda C. Lynch of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (CRH) (Entered: 07/17/2020) |
| 4 | Jul 17, 2020 | Request | NOTICE to counsel Eve H. Cervantez of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (CRH) (Entered: 07/17/2020) |
| 5 | Jul 17, 2020 | Request | NOTICE to counsel Mary Joyce Carlson of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (CRH) (Entered: 07/17/2020) |
| 6 | Jul 21, 2020 | Request | RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/21/2020. (TWL) (Entered: 07/21/2020) |
| 7 | Jul 21, 2020 | Request | ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/21/2020. (TWL) (Entered: 07/21/2020) |
| Jul 22, 2020 | ***PRO HAC VICE FEES paid by attorney Mary Joyce Carlson (Filing fee $150 receipt number TPA061446.). (ARC) (Entered: 07/22/2020) | ||
| Jul 22, 2020 | ***PRO HAC VICE FEES paid by attorney Amanda C. Lynch (Filing fee $150 receipt number TPA061445.). (ARC) (Entered: 07/22/2020) | ||
| Jul 22, 2020 | ***PRO HAC VICE FEES paid by attorney Eve H. Cervantez (Filing fee $150 receipt number TPA061445.). (ARC) (Entered: 07/22/2020) | ||
| 8 | Jul 22, 2020 | Request | MOTION for Eve H. Cervantez, Amanda C. Lynch and Mary Joyce Carlson to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Exhibit Certification of Eve H. Cervantez, Esq., # 2 Exhibit Certification of Amanda C. Lynch, # 3 Exhibit Certification of Mary Joyce Carlson, Esq.)(Helwig, Peter) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 07/22/2020) |
| 9 | Jul 23, 2020 | Request | ENDORSED ORDER granting 8 Motion to Appear Pro Hac Vice for Eve H. Cervantez, Amanda C. Lynch and Mary Joyce Carlson. Signed by Magistrate Judge Christopher P. Tuite on 7/23/2020. (AHA) (Entered: 07/23/2020) |
| 10 | Aug 4, 2020 | Request | NOTICE of pendency of related cases per Local Rule 1.04(d) by Faith Booker, Augusta Moody, Monica Scott. Related case(s): yes (Helwig, Peter) (Entered: 08/04/2020) |
| 11 | Aug 17, 2020 | Request | ENDORSED ORDER: Plaintiffs are directed to file a status report on their efforts to perfect service of process on Defendants by August 24, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/17/2020. (DMD) (Entered: 08/17/2020) |
| 12 | Aug 17, 2020 | Request | WAIVER of service returned executed on 08/04/2020 by Faith Booker, Monica Scott, Augusta Moody as to McDonald's Corporation. (Helwig, Peter) (Entered: 08/17/2020) |
| 13 | Aug 17, 2020 | Request | WAIVER of service returned executed on 08/04/2020 by Faith Booker, Monica Scott, Augusta Moody as to McDonald's Restaurants of Florida, Inc. (Helwig, Peter) (Entered: 08/17/2020) |
| 14 | Aug 17, 2020 | Request | WAIVER of service returned executed on 08/04/2020 by Faith Booker, Monica Scott, Augusta Moody as to McDonald's USA, LLC. (Helwig, Peter) (Entered: 08/17/2020) |
| 15 | Aug 17, 2020 | Request | ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 5, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/17/2020. (DMD) (Entered: 08/17/2020) |
| 16 | Aug 25, 2020 | Request | CORPORATE Disclosure Statement by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC identifying Corporate Parent McDonald's USA, LLC for McDonald's Restaurants of Florida, Inc.; Corporate Parent McDonald's Corporation for McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 08/25/2020) |
| 17 | Aug 25, 2020 | Request | CERTIFICATE of interested persons and corporate disclosure statement by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC identifying Corporate Parent McDonald's USA, LLC for McDonald's Restaurants of Florida, Inc.; Corporate Parent McDonald's Corporation for McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 08/25/2020) |
| 18 | Aug 25, 2020 | Request | NOTICE of pendency of related cases re 6 Related case order and track 2 notice per Local Rule 1.04(d) by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. Related case(s): y (Schwartz, Jurate) (Entered: 08/25/2020) |
| 19 | Aug 26, 2020 | Request | Unopposed MOTION for Nigel F. Telman to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17228395 for $150 by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 08/26/2020) |
| 20 | Aug 26, 2020 | Request | ENDORSED ORDER granting 19 Unopposed Motion for Admission to Appear Pro Hac Vice. If counsel has not already done so, within 14 days hereof, he shall complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 8/26/2020. (AHA) (Entered: 08/26/2020) |
| 21 | Sep 28, 2020 | View | MOTION to Dismiss for Failure to State a Claim by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 09/28/2020) |
| 22 | Oct 5, 2020 | Request | CASE MANAGEMENT REPORT. (Attachments: # 1 Text of Proposed Order Proposed Confidentiality Order)(Helwig, Peter) (Entered: 10/05/2020) |
| 23 | Oct 6, 2020 | Request | NOTICE of Appearance by Tulio D. Chirinos on behalf of McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC.(Chirinos, Tulio) (Entered: 10/06/2020) |
| 24 | Oct 7, 2020 | Request | CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/9/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the January 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 8/11/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/7/2020. (TWL) (Entered: 10/07/2020) |
| 25 | Oct 7, 2020 | Request | ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. # 24), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Senior Judge Virginia M. Hernandez Covington on 10/7/2020. (TWL) (Entered: 10/07/2020) |
| 26 | Oct 7, 2020 | View | ORDER regarding motions for summary judgment. See Order for details. Signed by Senior Judge Virginia M. Hernandez Covington on 10/7/2020. (TWL) (Entered: 10/07/2020) |
| 27 | Oct 12, 2020 | Request | NOTICE by Mark Hanley; Notice to Court Declining Court-Appointed Mediation Due to Conflict of Interest. (Hanley, Mark) (Entered: 10/12/2020) |
| 28 | Oct 13, 2020 | Request | ENDORSED ORDER: The Court has reviewed Mark Hanley's notice of a conflict of interest. (Doc. # 27). Accordingly, the Court appoints Carlos Burruezo as mediator in this case. The parties are still directed to conduct a mediation conference by August 11, 2021. Lead counsel shall contact opposing counsel and the mediator to reserve a conference date and shall file a notice with the Court within twenty-one days of the date of this order advising of the date and time of the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 10/13/2020. (DMD) (Entered: 10/13/2020) |
| 29 | Oct 13, 2020 | View | AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Helwig, Peter) (Entered: 10/13/2020) |
| 30 | Oct 13, 2020 | Request | ENDORSED ORDER: In light of the amended complaint (Doc. # 29), the motion to dismiss the complaint (Doc. # 21) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 10/13/2020. (DMD) (Entered: 10/13/2020) |
| 31 | Oct 26, 2020 | Request | STIPULATION Regarding Consent to Filing of Second Amended Complaint by Faith Booker, Augusta Moody, Monica Scott. (Helwig, Peter) (Entered: 10/26/2020) |
| 32 | Oct 26, 2020 | View | SECOND AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Helwig, Peter) (Entered: 10/26/2020) |
| 33 | Nov 2, 2020 | Request | NOTICE of mediation conference/hearing to be held on 7/20/2021 10:00 before Carlos Burruezo.(Helwig, Peter) Modified on 11/3/2020 (CTR). (Entered: 11/02/2020) |
| 34 | Nov 4, 2020 | Request | ORDER appointing Carlos Burruezo as mediator in this action. The mediation conference is scheduled for July 20, 2021 at 10:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 11/4/2020. (DMD) (Entered: 11/04/2020) |
| 35 | Nov 9, 2020 | Request | MOTION to Dismiss for Failure to State a Claim , MOTION to Strike 32 Amended Complaint by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Attachments: # 1 Exhibit A)(Schwartz, Jurate) (Entered: 11/09/2020) |
| 36 | Nov 20, 2020 | Request | Unopposed MOTION to File Excess Pages by All Plaintiffs. (Helwig, Peter) (Entered: 11/20/2020) |
| 37 | Nov 23, 2020 | Request | ENDORSED ORDER granting the unopposed motion to exceed page limit. (Doc. # 36). Page limit now 25 pages. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (DMD) (Entered: 11/23/2020) |
| 38 | Nov 23, 2020 | View | RESPONSE in Opposition re 35 MOTION to Dismiss for Failure to State a Claim MOTION to Strike 32 Amended Complaint filed by Faith Booker, Augusta Moody, Monica Scott. (Helwig, Peter) (Entered: 11/23/2020) |
| 39 | Nov 25, 2020 | Request | Unopposed MOTION for Leave to File Other Document :Motion for Leave to File Reply re ECF No. 38 by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 11/25/2020) |
| 40 | Nov 25, 2020 | Request | ENDORSED ORDER: Defendant McDonald's Corp.'s unopposed Motion for Leave to File Reply (Doc. # 39) is granted. McDonald's may file a reply not to exceed five pages by December 2, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (AR) (Entered: 11/25/2020) |
| 41 | Dec 2, 2020 | View | REPLY to Response to Motion re 35 MOTION to Dismiss for Failure to State a Claim, MOTION to Strike 32 Amended Complaint filed by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 12/02/2020) |
| 42 | Dec 11, 2020 | Request | ORDER: Defendants McDonald's Corporation, McDonald's Restaurants of Florida, Inc., and McDonald's USA, LLC's Motion to Dismiss the Second Amended Complaint and/or Strike Certain Allegations (Doc. # 35) is GRANTED in part. The second amended complaint is dismissed as a shotgun complaint. Plaintiffs Monica Scott, Augusta Moody, and Faith Booker may file a third amended complaint that is not a shotgun complaint by December 28, 2020. Signed by Judge Virginia M. Hernandez Covington on 12/11/2020. (DMD) (Entered: 12/11/2020) |
| 43 | Dec 28, 2020 | View | THIRD AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs.(Helwig, Peter) (Entered: 12/28/2020) |
| 44 | Dec 31, 2020 | Request | Unopposed MOTION for Extension of Time to File a Response to the Plaintiffs' Third Amended Complaint by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 12/31/2020) |
| 45 | Dec 31, 2020 | Request | ENDORSED ORDER granting Defendants' unopposed motion for extension of time to respond to Plaintiffs' third amended complaint. (Doc. # 44). Defendants' response is due January 21, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/31/2020. (LEA) (Entered: 12/31/2020) |
| 46 | Jan 15, 2021 | Request | STIPULATION for Leave to File Fourth Amended Complaint by Faith Booker, Augusta Moody, Monica Scott. (Helwig, Peter) (Entered: 01/15/2021) |
| 47 | Jan 15, 2021 | View | COMPLAINT Fourth Amended against All Defendants with Jury Demand filed by All Plaintiffs.(Helwig, Peter) (Entered: 01/15/2021) |
| 48 | Jan 22, 2021 | Request | Joint MOTION for Extension of Time to File Answer re 47 Complaint by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 01/22/2021) |
| 49 | Jan 25, 2021 | Request | ENDORSED ORDER granting the joint agreed motion for extension of time to respond to the fourth amended complaint. (Doc. # 48). If the Court denies the anticipated motion for leave to file a fifth amended complaint, Defendants' response to the fourth amended complaint is due 14 days after that denial. If the Court does grant leave to amend, Defendants' response to the fifth amended complaint will be due within 14 days of the filing of that complaint. Signed by Judge Virginia M. Hernandez Covington on 1/25/2021. (DMD) (Entered: 01/25/2021) |
| 50 | Mar 9, 2021 | Request | ENDORSED ORDER: The parties are directed to file a joint status report, informing the Court of the current status of this case, by March 16, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/9/2021. (DMD) (Entered: 03/09/2021) |
| 51 | Mar 16, 2021 | View | STATUS report on behalf of the parties by Faith Booker, Augusta Moody, Monica Scott. (Cervantez, Eve) (Entered: 03/16/2021) |
| 52 | Apr 19, 2021 | Request | Joint MOTION for Extension of Time to Complete Discovery & Motion Deadlines and for Continuance of Trial by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Attachments: # 1 Exhibit 1)(Schwartz, Jurate) (Entered: 04/19/2021) |
| 53 | Apr 20, 2021 | Request | ENDORSED ORDER: The Court entered its case management and scheduling order on October 7, 2020, setting an August 4, 2021 discovery deadline. (Doc. # 24). Thus, the parties were free to begin discovery in October 2020, giving them approximately 10 months to conduct discovery--longer than the Court usually allows. Yet, the parties now move for a three-month extension of the discovery deadline and other case management deadlines, including the dispositive motions deadline and trial date. (Doc. # 52). In their motion, the parties reveal that they did not begin propounding written discovery until mid-March 2021 and need more time to conduct this discovery and schedule depositions. While the Court understands the scheduling difficulties the parties describe and the delay caused by waiting for the EEOC to issue its latest right to sue letter, the Court believes that the parties should be able to complete discovery by the August 4 deadline, which is over three months away. The case management and scheduling order warned the parties that "motions for an extension of other deadlines established in this order, including motions for an extension of the discovery period, are disfavored" and "failure to complete discovery within the time established by this Order shall not constitute cause for continuance." (Doc. # 24 at 5). And the Court additionally warned that "the Court will not substantially move the dispositive motions deadline or the trial date." (Doc. # 25). A three-month extension of the dispositive motions deadline and trial date is a substantial extension that the Court does not believe is warranted. Accordingly, the Court denies the joint motion for extension of the case management deadlines. If, despite their best efforts, the parties are unable to complete discovery by the current discovery deadline, then the parties may file a motion for a short extension of discovery closer to the discovery deadline. Signed by Judge Virginia M. Hernandez Covington on 4/20/2021. (DMD) (Entered: 04/20/2021) |
| 54 | Apr 26, 2021 | Request | STIPULATION Allowing Docusign Signatures by Faith Booker, Augusta Moody, Monica Scott. (Helwig, Peter) (Entered: 04/26/2021) |
| 55 | May 7, 2021 | Request | Unopposed MOTION to Amend 47 Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Fifth Amended Complaint)(Cervantez, Eve) (Entered: 05/07/2021) |
| 56 | May 10, 2021 | Request | ENDORSED ORDER granting the unopposed motion for leave to file fifth amended complaint. (Doc. # 55). Plaintiffs are directed to file the fifth amended complaint as a separate docket entry by May 11, 2021. Signed by Judge Virginia M. Hernandez Covington on 5/10/2021. (DMD) (Entered: 05/10/2021) |
| 57 | May 11, 2021 | View | FIFTH AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Helwig, Peter) (Entered: 05/11/2021) |
| 58 | May 18, 2021 | Request | Unopposed MOTION to File Excess Pages by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 05/18/2021) |
| 59 | May 19, 2021 | Request | ENDORSED ORDER granting the unopposed motion for leave to file motion in excess of twenty-five pages. (Doc. # 58). Defendants may file a 30-page motion. Signed by Judge Virginia M. Hernandez Covington on 5/19/2021. (DMD) (Entered: 05/19/2021) |
| 60 | May 25, 2021 | View | MOTION to Dismiss for Failure to State a Claim , MOTION to Strike 57 Amended Complaint Certain Allegations by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Attachments: # 1 Exhibit A)(Schwartz, Jurate) (Entered: 05/25/2021) |
| 61 | May 27, 2021 | Request | Unopposed MOTION for Extension of Time to File Response/Reply as to 60 MOTION to Dismiss for Failure to State a Claim, MOTION to Strike 57 Amended Complaint Certain Allegations by All Plaintiffs. (Helwig, Peter) (Entered: 05/27/2021) |
| 62 | May 27, 2021 | Request | ENDORSED ORDER granting in part and denying in part Plaintiffs' unopposed motion for extension of time to respond to the motion to dismiss. (Doc. # 61). Response now due June 22, 2021. The Court will not extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 5/27/2021. (DMD) (Entered: 05/27/2021) |
| 63 | Jun 17, 2021 | View | NOTICE of settlement Joint by McDonald's Corporation, McDonald's Restaurants of Florida, Inc., McDonald's USA, LLC. (Schwartz, Jurate) (Entered: 06/17/2021) |
| 64 | Jun 17, 2021 | View | MEDIATION report Hearing held on 6/15/2021. Hearing outcome: Settled. (Burruezo, Carlos) (Entered: 06/17/2021) |
| 65 | Jun 21, 2021 | Request | ENDORSED ORDER: On the basis of the joint notice of settlement (Doc. # 63), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 6/21/2021. (DMD) (Entered: 06/21/2021) |
| 66 | Jun 21, 2021 | Request | ENDORSED ORDER: In light of the case's settlement, the motion to dismiss and strike (Doc. # 60) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 6/21/2021. (DMD) (Entered: 06/21/2021) |
| 67 | Jun 22, 2021 | Request | STIPULATION of Dismissal with Prejudice by Faith Booker, Augusta Moody, Monica Scott. (Cervantez, Eve) (Entered: 06/22/2021) |
| 68 | Jun 23, 2021 | Request | ENDORSED ORDER: Pursuant to the joint stipulation of dismissal with prejudice (Doc. # 67), this case is dismissed with prejudice with each party to bear their own costs and fees, except as provided in the parties' agreement. Signed by Judge Virginia M. Hernandez Covington on 6/23/2021. (DMD) (Entered: 06/23/2021) |