Nguyen v. Walmart Inc. et al
| Florida Middle District Court | |
| Judge: | Mary S Scriven |
| Referred: | Anthony E Porcelli |
| Case #: | 8:23-cv-00462 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question: Civil Rights Violation |
| Case Filed: | Mar 02, 2023 |
| Terminated: | Mar 11, 2024 |
| Last checked: Thursday Aug 31, 2023 5:55 AM EDT |
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Defendant
David Pettigrew
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Represented By
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Defendant
Walmart Inc.
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Represented By
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Defendant
Deputy Michael McNeeley
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Represented By
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Plaintiff
Tony Ngoc Nguyen
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Represented By
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| Docket last updated: 6 hours ago |
| Thursday, February 27, 2025 | ||
| 44 | 44
8
pgs
respoth
Response
Thu 02/27 6:38 PM
RESPONSE re39 Order,43 Response in Opposition to Motion Defendant's Supplemental Briefing Response and Response in Opposition to Plaintiff's Supplemental Briefing Response with Memorandum of Law filed by Michael McNeeley. (Palmer, Bobby) |
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| Thursday, February 13, 2025 | ||
| 43 | 43
5
pgs
respm
Response in Opposition to Motion
Thu 02/13 6:56 PM
RESPONSE in Opposition re25 MOTION to Dismiss Plaintiff's Complaint Plaintiff's Supplemental Briefing Response and Opposition to Defendant Michael Mcneeley's Motion to Dismiss With Memorandum of Law filed by Tony Ngoc Nguyen. (Daniels, Harry) |
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| Friday, February 07, 2025 | ||
| 42 | 42
order
Order Dismissing Case
Fri 02/07 2:46 PM
ENDORSED ORDER OF DISMISSAL. It is ORDERED that, pursuant to Fed. R. Civ. P. 41 and upon review of 39 the Joint Stipulation Dismissing Action with Prejudice, this case is DISMISSED WITH PREJUDICE as to Defendants Walmart Inc. and David Pettigrew only. Plaintiff and Defendants Walmart Inc. and David Pettigrew shall bear their own attorneys' fees and costs associated with this matter. The Clerk is DIRECTED to TERMINATE Walmart Inc. and David Pettigrew. The case shall proceed in the normal course as to Defendant Deputy Michael McNeeley. The 39 Order Requesting Supplemental Information remains in effect for the remaining parties. Signed by Judge Mary S. Scriven on 2/7/2025. (KMA) |
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| Thursday, February 06, 2025 | ||
| 41 | 41
notice
Compliance notice
Thu 02/06 5:08 PM
NOTICE of compliance re39 Order by Michael McNeeley(Palmer, Bobby) |
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Att: 1
Exhibit Exhibit A - Hernando County Sheriff's Office Patrol Supplement dated September 9, 2013 for Case Number 2013-29751,
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Att: 2
Exhibit Exhibit B - Hernando County Sheriff's Office Offense Report dated November 27, 2022 for Case Number 2022-35231,
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Att: 3
Exhibit Exhibit C - Statement by David Pettigrew of Walmart, Inc. dated December 9, 2022 for Hernando County Sheriff's Office Case Number 2022-35231
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| Monday, February 03, 2025 | ||
| 40 | 40
misc
Stipulation of Dismissal
Mon 02/03 8:54 AM
Joint STIPULATION of Dismissal with Prejudice by Walmart Inc., David Pettigrew, Tony Ngoc Nguyen. (Kestenbaum, Michael) Modified filers and docket text on 2/3/2025 (EVK) |
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| Thursday, January 30, 2025 | ||
| 39 | 39
3
pgs
order
Order
Thu 01/30 10:16 AM
ORDER Requesting Supplemental Information. See order for details. Signed by Judge Mary S. Scriven on 1/30/2025. (KBC) |
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| Monday, March 11, 2024 | ||
| 38 | 38
order
Order Administratively Closing Case
Mon 03/11 4:22 PM
ENDORSED ORDER TAKING UNDER ADVISEMENT 25 Defendant Deputy Michael McNeeley's Motion to Dismiss the Third, Fourth, Fifth, and Sixth Claims of Plaintiff's Amended Complaint. The case is hereby STAYED and ADMINISTRATIVELY CLOSED pending the Court's resolution of the Defendant's Motion to Dismiss. Thereafter, the Court will enter an Amended Case Management and Scheduling Order and set new pre-trial management deadlines and a new trial term. Signed by Judge Mary S. Scriven on 3/11/2024. (KBC) |
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utility
Case Stayed
Wed 03/13 4:55 PM
Case Stayed. (JTM) |
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| Tuesday, September 26, 2023 | ||
| 37 | 37
notice
Notice of mediation conference/hearing
Tue 09/26 6:15 PM
NOTICE of mediation conference/hearing to be held on May 17, 2024 at 9:30 a.m. before Donna Doyle, Esq.. (Palmer, Bobby) |
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| Thursday, September 21, 2023 | ||
| 36 | 36
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Thu 09/21 11:10 PM
CERTIFICATE of interested persons and corporate disclosure statement by Tony Ngoc Nguyen. (Daniels, Harry) |
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| Monday, September 18, 2023 | ||
| 35 | 35
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Mon 09/18 4:40 PM
CERTIFICATE of interested persons and corporate disclosure statement re34 Case Management Scheduling Order by David Pettigrew, Walmart Inc.. (Kestenbaum, Michael) |
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| Tuesday, September 05, 2023 | ||
| 34 | 34
order
Case Management Scheduling Order
Tue 09/05 8:47 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 9/27/2024. Jury Trial set on the DECEMBER 2024 Trial Term, which commences 12/2/2024, with a more precise trial date to follow. Conduct mediation hearing by 5/17/2024. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 9/5/2023. (KAC) |
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| Monday, August 14, 2023 | ||
| 33 | 33
misc
Case Management Report
Mon 08/14 10:46 AM
CASE MANAGEMENT REPORT. (Palmer, Bobby) |
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| Wednesday, June 21, 2023 | ||
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order
Order on Motion to Dismiss
Wed 06/21 5:57 PM
ENDORSED ORDER DENYING AS MOOT 14 Defendant Deputy Michael McNeeley's Motion to Dismiss the Third and Fifth Claims of the Plaintiff's Complaint with Memorandum of Law. In light of Plaintiff having filed an Amended Complaint as a matter of course, Defendant's motion is denied as moot. Signed by Judge Mary S. Scriven on 6/21/2023. (KBC) |
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| Sunday, June 04, 2023 | ||
| 31 | 31
notice
Notice of Lead Counsel Designation
Sun 06/04 12:15 PM
NOTICE of Lead Counsel Designation by Harry M. Daniels, Jr on behalf of Tony Ngoc Nguyen. Lead Counsel: Harry M. Daniels. (Daniels, Harry) |
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| 30 | 30
notice
Compliance notice
Sun 06/04 12:07 PM
NOTICE of compliance by Tony Ngoc Nguyen (Daniels, Harry) |
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| Thursday, May 25, 2023 | ||
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order
Order on Motion to Appear Pro Hac Vice
Thu 05/25 1:06 PM
ENDORSED ORDER granting 27 Motion for Harry M. Daniels Jr. to Appear Pro Hac Vice. Attorney Harry M. Daniels Jr. may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 5/25/2023. (BMM) |
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| Tuesday, May 23, 2023 | ||
| 28 | 28
respm
Response in Opposition to Motion
Tue 05/23 8:53 PM
RESPONSE in Opposition re25 MOTION to Dismiss Plaintiff's Complaint filed by Tony Ngoc Nguyen. (Stokes, Shaunette) |
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| 27 | 27
motion
Appear Pro Hac Vice
Tue 05/23 8:36 PM
Unopposed MOTION for Harry M. Daniels, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20868990 for $150 by Tony Ngoc Nguyen. (Daniels, Harry) |
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| Sunday, May 07, 2023 | ||
| 26 | 26
notice
Compliance notice
Sun 05/07 2:59 PM
NOTICE of compliance re25 MOTION to Dismiss Plaintiff's Complaint Re: Local Rule 3.01(g) by Michael McNeeley (Palmer, Bobby) |
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| Tuesday, May 02, 2023 | ||
| 25 | 25
motion
Dismiss
Tue 05/02 6:21 PM
MOTION to Dismiss Plaintiff's Complaint by Michael McNeeley. (Palmer, Bobby) |
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| 24 | 24
answer
Answer to amended complaint
Tue 05/02 5:38 PM
ANSWER and affirmative defenses with Jury Demand to 21 Amended Complaint, by David Pettigrew, Walmart Inc..(Kestenbaum, Michael) |
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| Wednesday, April 19, 2023 | ||
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notice
Notice to Counsel of Local Rule
Wed 04/19 12:21 PM
NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LD) |
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| Tuesday, April 18, 2023 | ||
| 22 | 22
respm
Response in Opposition to Motion
Tue 04/18 6:49 PM
RESPONSE in Opposition re14 MOTION to Dismiss Plaintiff's Complaint filed by Tony Nguyen. (Daniels, Harry) |
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| 21 | 21
cmp
Amended Complaint
Tue 04/18 5:10 PM
AMENDED COMPLAINT against Michael McNeeley, David Pettigrew, Walmart Inc. with Jury Demand. filed by Tony Nguyen. Related document: 2 Complaint filed by Tony Nguyen, 1 Complaint filed by Tony Nguyen.(Stokes, Shaunette) |
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| Friday, April 14, 2023 | ||
| 20 | 20
22
pgs
answer
Answer to Complaint
Fri 04/14 11:45 AM
ANSWER and affirmative defenses to 2 Complaint with Jury Demand by David Pettigrew, Walmart Inc..(Martinez, J) |
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| Wednesday, April 12, 2023 | ||
| 19 | 19
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 04/12 3:13 PM
CERTIFICATE of interested persons and corporate disclosure statement by Michael McNeeley. (Palmer, Bobby) |
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| 18 | 18
notice
Notice of a Related Action
Wed 04/12 3:05 PM
NOTICE of a related action per Local Rule 1.07(c) by Michael McNeeley. Related case(s): Yes (Palmer, Bobby) |
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| Monday, April 03, 2023 | ||
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notice
Notice to Counsel of Local Rule
Mon 04/03 12:32 PM
NOTICE TO COUNSEL Norman Andronicus Harris, Shaunette Lavette Stokes, Harry M. Daniels, Jr. of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS) |
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| Friday, March 31, 2023 | ||
| 16 | 16
notice
Notice of appearance
Fri 03/31 9:34 AM
NOTICE of Appearance by J Marcos Martinez on behalf of David Pettigrew, Walmart Inc. (Martinez, J) |
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| Wednesday, March 29, 2023 | ||
| 15 | 15
notice
Notice of Lead Counsel Designation
Wed 03/29 5:50 PM
NOTICE of Lead Counsel Designation by Bobby G. Palmer, Jr on behalf of Michael McNeeley. Lead Counsel: Bobby G. Palmer, Jr., Esq.. (Palmer, Bobby) |
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| 14 | 14
motion
Dismiss
Wed 03/29 4:59 PM
MOTION to Dismiss Plaintiff's Complaint by Michael McNeeley. (Palmer, Bobby) |
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| Tuesday, March 28, 2023 | ||
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order
Order on Motion for Extension of Time to File
Tue 03/28 5:37 PM
ENDORSED ORDER GRANTING 12 Defendants' Walmart, Inc., and David Pettigrew Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. The Defendants shall have up to and including April 14, 2023 to file an answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 3/28/2023. (KBC) |
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| Monday, March 27, 2023 | ||
| 12 | 12
motion
Extension of Time to File
Mon 03/27 5:24 PM
Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by David Pettigrew, Walmart Inc.. (Kestenbaum, Michael) |
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| 11 | 11
notice
Notice of appearance
Mon 03/27 5:22 PM
NOTICE of Appearance by Michael H. Kestenbaum on behalf of David Pettigrew, Walmart Inc. (Kestenbaum, Michael) |
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| Wednesday, March 15, 2023 | ||
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notice
Notice to Counsel of Local Rule
Wed 03/15 12:54 PM
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS) |
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| Tuesday, March 14, 2023 | ||
| 9 | 9
notice
Notice of appearance
Tue 03/14 4:16 PM
NOTICE of Co-Counsel Appearance by Norman Andronicus Harris on behalf of Tony Nguyen (Harris, Norman) |
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| 8 | 8
notice
Notice of appearance
Tue 03/14 2:42 PM
NOTICE of Appearance by Shaunette Lavette Stokes on behalf of Tony Nguyen (Stokes, Shaunette) |
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| Monday, March 06, 2023 | ||
| 7 | 7
service
Summons issued
Mon 03/06 12:33 PM
SUMMONS issued as to Michael McNeeley, David Pettigrew, Walmart Inc.(LSS) |
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| Friday, March 03, 2023 | ||
| 6 | 6
service
Proposed summons
Fri 03/03 8:16 PM
PROPOSED summons to be issued by Tony Nguyen. (Daniels, Harry) |
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| 5 | 5
notice
Notice of appearance
Fri 03/03 4:29 PM
NOTICE of Appearance by Shaunette Lavette Stokes on behalf of Tony Nguyen (Stokes, Shaunette) |
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notice
Notice to Counsel of Local Rule
Fri 03/03 12:00 PM
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KAC) |
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| Thursday, March 02, 2023 | ||
| 2 | 2
27
pgs
cmp
Complaint
Thu 03/02 12:48 AM
COMPLAINT against All Defendants with Jury Demand filed by Tony Nguyen.(Daniels, Harry) |
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| 1 | 1
1
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cmp
Complaint
Thu 03/02 12:46 AM
COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20564627) filed by Tony Nguyen.(Daniels, Harry) |
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utility
Case Assigned/Reassigned
Thu 03/02 9:12 AM
NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New case number: 8:23-cv-0462-MSS-AEP. (SJB) |
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