Vazquez-Padilla v. Cognizant Technology Solutions US Corporation

Florida Middle District Court
Judge:Mary S Scriven
Referred: Christopher P Tuite
Case #: 8:23-cv-02607
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332 Diversity-Fraud
Case Filed:Nov 14, 2023
Terminated:Oct 29, 2024
Last checked: Sunday May 12, 2024 4:46 AM EDT
Defendant
Cognizant Technology Solutions US Corporation
Represented By
Tori Simmons
Hill Ward Henderson, PA
contact info
Dennis Parker Waggoner
Hill Ward Henderson, PA
contact info
Fred Conwell Marshall, II
Hill Ward Henderson PA
contact info
Plaintiff
Zuania Vazquez-Padilla
Represented By
Jay Paul Lechner
Lechner Law
contact info


Docket last updated: 3 hours ago
Wednesday, October 30, 2024
42 42 notice Notice to Counsel of Local Rule Wed 10/30 9:59 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JDR)
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Tuesday, October 29, 2024
41 41 order Order Dismissing Case Tue 10/29 1:20 PM
ENDORSED ORDER OF DISMISSAL. It is ORDERED that, pursuant to Rule 3.09(b) of the Local Rules of the United States District Court for the Middle District of Florida, and upon review of 40 the Joint Notice of Settlement, this case is DISMISSED WITHOUT PREJUDICE, subject to the right of the settling Parties, within sixty (60) calendar days from the date of this Order, to submit a final stipulation of dismissal, should they so choose, or for any party to reopen the case, upon good cause shown. After the sixty (60)-day period, the dismissal shall be with prejudice. The Clerk is directed to CLOSE the case. Signed by Judge Mary S. Scriven on 10/29/2024. (KBC)
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Friday, October 25, 2024
40 40 1 pgs notice Notice of settlement Fri 10/25 5:03 PM
NOTICE of settlement (Joint) by Cognizant Technology Solutions US Corporation (Simmons, Tori)
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Tuesday, October 08, 2024
39 39 order Order on Motion for Extension of Time to Answer Tue 10/08 8:40 AM
ENDORSED ORDER GRANTING 38 Defendant's Time-Sensitive Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall have up to and including October 25, 2024, to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 10/8/2024. (KBC)
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Monday, October 07, 2024
38 38 motion Extension of Time to File Answer / Respond to Complaint Mon 10/07 4:23 PM
Time Sensitive MOTION for Extension of Time to File Answer re1 Complaint (Unopposed) by Cognizant Technology Solutions US Corporation. (Marshall, Fred)
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Thursday, September 19, 2024
37 37 2 pgs order Order on Motion to Dismiss / Failure to State a Claim Thu 09/19 5:19 PM
ORDER GRANTING IN PART and DENYING IN PART 14 Defendant's Motion to Dismiss for Failure to State a Claim. Defendant shall answer the Complaint within TWENTY-ONE (21) DAYS of the date of this Order. See Order for details. Signed by Judge Mary S. Scriven on 9/19/2024. (KBC)
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Tuesday, September 10, 2024
36 36 notice Notice (Other) Tue 09/10 4:55 PM
NOTICE by Cognizant Technology Solutions US Corporation of Cancellation of Mediation (Simmons, Tori)
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Monday, May 13, 2024
35 35 misc Certificate of compliance Mon 05/13 1:57 PM
CERTIFICATE of compliance re14 MOTION to Dismiss for Failure to State a Claim by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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Thursday, May 09, 2024
34 34 adr Notice of selection of mediator Thu 05/09 12:09 PM
JOINT NOTICE OF SELECTION of The Honorable Gregory P. Holder as mediator by Cognizant Technology Solutions US Corporation. (Simmons, Tori) Modified on 5/9/2024 to edit text (ELM)
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Monday, April 29, 2024
33 33 order Order on Motion to Stay Discovery Mon 04/29 3:38 PM
ENDORSED ORDER granting 24 Defendant's Motion to Stay Discovery Pending Ruling on Motion to Dismiss ( 14 ). As discussed at the April 25, 2024, hearing on the matter, "[a] court has broad inherent power to stay discovery until preliminary issues can be settled which may be dispositive of some important aspect of the case." Feldman v. Flood, 176 F.R.D. 651, 652 (M.D. Fla. 1997). Exercise of this broad discretion counsels in favor of a stay here. To begin, there is Eleventh Circuit case authority that motions to dismiss for failure to state a claim should generally be resolved "'before discovery begins.'" Dragash v. Fed. Nat'l Mortg. Ass'n, 700 F. App'x 939, 946-47 (11th Cir. 2017) (citing Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1367 (11th Cir. 1997)); see also Roberts v. FNB S. of Alma, Ga., 716 F. App'x 854, 857 (11th Cir. 2017). Furthermore, courts in this District have granted motions to dismiss similar complaints involving Plaintiff and other individuals, and it is unclear from a "preliminary peek" at Plaintiff's instant complaint that the Court will not do so in this case. See Feldman, 176 F.R.D. at 652. Moreover, as Plaintiff candidly acknowledged at the April 25 proceeding, it cannot be credibly argued at this juncture that the expected time frame for the Court to resolve Defendant's dismissal motion will unduly prejudice Plaintiff from a discovery standpoint. As Defendant argued at the hearing in this regard, the fact that this action was filed only after the earlier related lawsuits were dismissed cannot now be fairly said to have delayed Plaintiff's ability to secure discovery against Defendant. Signed by Magistrate Judge Christopher P. Tuite on 4/29/2024. (MEL)
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Thursday, April 25, 2024
31 31 minutes Motion Hearing Thu 04/25 9:31 AM
Minute Entry. Virtual Proceedings held before Magistrate Judge Christopher P. Tuite: MOTION HEARING held on 4/25/2024 re24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss filed by Cognizant Technology Solutions US Corporation. (Digital) (AMS)
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Friday, April 19, 2024
utility Set/reset scheduling order deadlines - PUBLIC Fri 04/19 8:24 AM
Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 11/8/2024. Plaintiff disclosure of expert report due by 10/4/2024. (HAI)
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Thursday, April 18, 2024
30 30 order Case Management Scheduling Order Thu 04/18 2:38 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/30/2024 Discovery due by 12/30/2024 Dispositive motions due by 1/31/2025 Pretrial statement due by 6/9/2025 All other motions due by 6/16/2025 Jury Trial set for 8/4/2025 at 09:00 AM in Tampa Courtroom 7 A before Judge Mary S. Scriven. Conduct mediation hearing by 11/15/2024. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 4/18/2024. (BCH)
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29 29 respm Reply to Response to Motion Thu 04/18 2:27 PM
REPLY to Response to Motion re24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss filed by Cognizant Technology Solutions US Corporation.(Simmons, Tori)
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Att: 1 4 pgs Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 3 pgs Exhibit 4
Friday, April 12, 2024
28 28 order Order on Motion for Miscellaneous Relief Fri 04/12 3:54 PM
ENDORSED ORDER granting 27 Defendant's Motion for Leave to File Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion for a Stay of Discovery. Defendant's reply shall be filed by noon on April 19, 2024, and shall consist of no more than five (5) pages inclusive of all parts. Signed by Magistrate Judge Christopher P. Tuite on 4/12/2024. (MEL)
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Wednesday, April 10, 2024
27 27 motion Miscellaneous Relief Wed 04/10 3:54 PM
MOTION for Miscellaneous Relief, specifically Defendant's Motion for Leave to File Reply to Plaintiff's Memorandum in Opposition to Defendant's Motion for a Stay of Discovery by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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26 26 notice Notice of Hearing on Motion Wed 04/10 2:31 PM
NOTICE OF ZOOM HEARING re:24 Defendant's Motion to Stay Discovery Pending Ruling on Motion to Dismiss (14 ). Oral argument on the motion is set for April 25, 2024, at 9:00 a.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference. All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference.(MEL)
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Monday, April 08, 2024
25 25 respm Response in Opposition to Motion Mon 04/08 4:12 PM
RESPONSE in Opposition re24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss filed by Zuania Vazquez-Padilla. (Lechner, Jay)
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Tuesday, March 26, 2024
24 24 motion Stay Discovery Tue 03/26 5:23 PM
MOTION to Stay Discovery Pending Ruling on Motion to Dismiss by Cognizant Technology Solutions US Corporation.(Simmons, Tori)
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Att: 1 Exhibit 1
Wednesday, March 20, 2024
23 23 misc Case Management Report Wed 03/20 5:36 PM
CASE MANAGEMENT REPORT. (Lechner, Jay)
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Tuesday, March 19, 2024
22 22 respoth Response Tue 03/19 3:58 PM
RESPONSE re18 Response in Opposition to Motion to Dismiss filed by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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Thursday, March 07, 2024
21 21 order Order on Motion for Extension of Time to File Response / Reply Order on Motion for Miscellaneous Relief Thu 03/07 2:26 PM
ENDORSED ORDER GRANTING, NUNC PRO TUNC, 17 Plaintiff's Unopposed Motion for Brief Extension of Time to Respond to Motion to Dismiss; GRANTING 19 Defendant's Motion for Leave to File Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss. Defendant shall have up to and including March 19, 2024, to file a five (5) page reply brief in support of its Motion to Dismiss. Signed by Judge Mary S. Scriven on 3/7/2024. (KBC)
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Wednesday, March 06, 2024
20 20 respm Response in Opposition to Motion Wed 03/06 2:21 PM
RESPONSE in Opposition re19 MOTION for Miscellaneous Relief, specifically For Leave to File a Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss filed by Zuania Vazquez-Padilla. (Lechner, Jay)
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Friday, March 01, 2024
19 19 motion Miscellaneous Relief Fri 03/01 3:29 PM
MOTION for Miscellaneous Relief, specifically For Leave to File a Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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Monday, February 26, 2024
18 18 respm Response in Opposition to Motion Mon 02/26 5:06 PM
RESPONSE in Opposition re14 MOTION to Dismiss for Failure to State a Claim filed by Zuania Vazquez-Padilla. (Lechner, Jay)
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Monday, February 12, 2024
17 17 motion Extension of Time to File Response / Reply Mon 02/12 11:26 AM
Unopposed MOTION for Extension of Time to File Response/Reply as to14 MOTION to Dismiss for Failure to State a Claim by Zuania Vazquez-Padilla. (Lechner, Jay)
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Wednesday, January 31, 2024
16 16 utility Case Assigned/Reassigned Wed 01/31 4:15 PM
Case Reassigned to Judge Mary S. Scriven. New case number: 8:23-cv-2607-MSS-CPT. Judge Thomas P. Barber no longer assigned to the case. (AG)
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15 15 1 pgs order Order on Motion for Miscellaneous Relief Wed 01/31 10:33 AM
ORDER: Upon the consent of the Honorable Mary S. Scriven and pursuant to Local Rule 1.07(a), the motion (Doc. 13 ) is granted. It is hereby ordered that this case is transferred to Judge Scriven. The Clerk is directed to reassign this case to Judge Scriven for all further proceedings. Signed by Judge Thomas P. Barber on 1/31/2024. (MEJ)
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Monday, January 22, 2024
14 14 motion Dismiss for Failure to State a Claim Mon 01/22 5:06 PM
MOTION to Dismiss for Failure to State a Claim by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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Tuesday, January 16, 2024
13 13 motion Miscellaneous Relief Tue 01/16 10:24 AM
Joint MOTION for Miscellaneous Relief, specifically to Transfer Under Local Rule 1.07(a) by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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Friday, January 12, 2024
12 12 order Order on Motion for Extension of Time to File Response / Reply Fri 01/12 9:24 AM
ENDORSED ORDER: "Defendant's Unopposed Time-Sensitive Motion for Extension of Time to Respond to Complaint" (Doc. 11 ) is granted. Defendant may file its response to the complaint on or before January 22, 2024. Signed by Judge Thomas P. Barber on 1/12/2024. (EKB)
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Thursday, January 11, 2024
11 11 motion Extension of Time to File Response / Reply Thu 01/11 1:45 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to1 Complaint (Time-Sensitive) by Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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10 10 notice Notice of a Related Action Thu 01/11 1:42 PM
NOTICE of a related action per Local Rule 1.07(c) by Cognizant Technology Solutions US Corporation. Related case(s): Yes (Simmons, Tori)
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9 9 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 01/11 1:40 PM
CERTIFICATE of interested persons and corporate disclosure statement by Cognizant Technology Solutions US Corporation identifying Corporate Parent Cognizant Technology Solutions Corporation, Corporate Parent Cognizant Domestic Holdings Corporation for Cognizant Technology Solutions US Corporation. (Simmons, Tori)
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8 8 notice Notice of Lead Counsel Designation Thu 01/11 1:24 PM
NOTICE of Lead Counsel Designation by Tori Simmons on behalf of Cognizant Technology Solutions US Corporation. Lead Counsel: Tori C. Simmons. (Simmons, Tori)
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Monday, November 27, 2023
7 7 service Waiver of service executed Mon 11/27 1:50 PM
WAIVER of service returned executed on Nov. 21, 2023 by Zuania Vazquez-Padilla as to Cognizant Technology Solutions US Corporation. (Lechner, Jay)
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Wednesday, November 22, 2023
6 6 notice Notice to Counsel of Local Rule Wed 11/22 9:31 PM
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SRC)
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5 5 notice Notice to Counsel of Local Rule Wed 11/22 9:30 PM
NOTICE TO COUNSEL 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). (SRC)
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Wednesday, November 15, 2023
4 4 misc Certificate of Interested Persons and Corporate Disclosure Statement Wed 11/15 3:59 PM
CERTIFICATE of interested persons and corporate disclosure statement by Zuania Vazquez-Padilla. (Lechner, Jay)
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3 3 notice Notice of a Related Action Wed 11/15 3:33 PM
NOTICE of a related action per Local Rule 1.07(c) by Zuania Vazquez-Padilla. Related case(s): Yes (Lechner, Jay)
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2 2 utility Case Assigned/Reassigned Wed 11/15 11:18 AM
NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-02607-TPB-CPT. (TRF)
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Tuesday, November 14, 2023
1 1 30+ pgs cmp Complaint Tue 11/14 5:35 PM
COMPLAINT against Cognizant Technology Solutions US Corporation with Jury Demand (Filing fee $402 receipt number AFLMDC-21462799) filed by Zuania Vazquez-Padilla.(Lechner, Jay)
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Att: 1 Civil Cover Sheet