Florida Middle District Court
Judge:Kathryn Kimball Mizelle
Referred: Lindsay S Griffin
Case #: 8:23-cv-02959
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause29:1161 COBRA - Continuation Coverage
Case Filed:Dec 22, 2023
Last checked: Wednesday Jun 19, 2024 5:45 AM EDT
Defendant
E.R. Carpenter Company, Inc.
Represented By
Christopher Michael Michalik
Mcguirewoods LLP
contact info
Cameron G. Kynes
Mcguirewoods, LLP
contact info
Plaintiff
Saroya Marrow
Represented By
Brandon J. Hill
Wenzel Fenton Cabassa, PA
contact info
Amanda E. Heystek
Wenzel Fenton Cabassa, P.A.
contact info
Luis A. Cabassa
Wenzel Fenton Cabassa, PA
contact info


Docket last updated: 10 hours ago
Tuesday, April 22, 2025
43 43 7 pgs order Order Tue 04/22 9:24 AM
MEDIATION ORDER: This case is set for mediation on June 24, 2025. Within seven days following the mediation conference, Lead Counsel shall file a Mediation Report. Signed by Judge Kathryn Kimball Mizelle on 4/22/2025. (BTM)
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Monday, April 21, 2025
42 42 3 pgs notice Notice of mediation conference/hearing Mon 04/21 4:50 PM
NOTICE of mediation conference/hearing to be held on June 24, 2025 at 9:00 a.m. before Carlos J. Burruezo. (Hill, Brandon)
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Friday, April 11, 2025
41 41 order Order on Motion to Appear Pro Hac Vice Fri 04/11 2:45 PM
ENDORSED ORDER: The "Unopposed Motion for Special Admission" 40 to appear pro hac vice on behalf of the defendant E. R. Carpenter Company, Inc. d/b/a Carpenter Co. is GRANTED. Attorney Heidi E. Siegmund must submit a "Pro Hac Vice E-File Registration" through PACER. As explained in the Court's Administrative Procedures for Electronic Filing, failure to register for CM/ECF may result in the lawyer's termination from the docket, the lawyer's not receiving a copy of papers filed in the case, or the dismissal of the action. Signed by US Magistrate Judge Lindsay S. Griffin on 4/11/2025. (RLJ)
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40 40 motion Appear Pro Hac Vice Fri 04/11 12:58 PM
Unopposed MOTION for Heidi E. Siegmund to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23236845 for $150 by E.R. Carpenter Company, Inc.. (Walsh, Sean)
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Thursday, April 10, 2025
39 39 order Case Management Scheduling Order Thu 04/10 9:30 AM
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by November 17, 2025. Dispositive motions due by January 5, 2026. Pretrial Conference scheduled for July 9, 2026, at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the August 2026 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by December 17, 2025. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 4/10/2025. (BTM)
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Wednesday, April 09, 2025
38 38 4 pgs motion Extension of Time to File Wed 04/09 12:01 PM
Joint MOTION for Extension of Time to File the Class Certification Deadline by E.R. Carpenter Company, Inc. (Walsh, Sean) Modified text on 4/9/2025 (KME)
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Friday, April 04, 2025
37 37 order Order on Motion to Withdraw as Attorney Fri 04/04 1:36 PM
ENDORSED ORDER: Attorney Cameron G. Kynes' unopposed motion to withdraw as attorney for the defendant Carpenter Company d/b/a E.R. Carpenter, Company, Inc. 36 is GRANTED. Attorney Cameron G. Kynes is relieved of further responsibility for this case. Signed by US Magistrate Judge Lindsay S. Griffin on 4/4/2025. (RLJ)
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Wednesday, April 02, 2025
36 36 motion Withdraw as Attorney Wed 04/02 10:07 AM
Unopposed MOTION for Cameron G. Kynes to Withdraw as Attorney by E.R. Carpenter Company, Inc.. (Kynes, Cameron)
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35 35 notice Notice of Lead Counsel Designation Wed 04/02 10:06 AM
NOTICE of Lead Counsel Designation by Cameron G. Kynes on behalf of E.R. Carpenter Company, Inc.. Lead Counsel: Christopher Michalik. (Kynes, Cameron)
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34 34 notice Notice of appearance Wed 04/02 10:04 AM
NOTICE of Appearance by Sean Patrick Walsh on behalf of E.R. Carpenter Company, Inc. (Walsh, Sean)
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Wednesday, February 26, 2025
33 33 6 pgs order Case Management Scheduling Order Wed 02/26 5:46 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by October 15, 2025. Dispositive motions due by December 1, 2025. Pretrial Conference scheduled for June 11, 2026, at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the July 2026 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by November 17, 2025. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 2/26/2025. (GSO)
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Tuesday, February 25, 2025
32 32 7 pgs misc Case Management Report Tue 02/25 2:00 PM
CASE MANAGEMENT REPORT. (Kynes, Cameron)
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Tuesday, February 18, 2025
31 31 14 pgs answer Answer to amended complaint Tue 02/18 4:07 PM
Defendant's ANSWER and affirmative defenses to 14 Amended Complaint by E.R. Carpenter Company, Inc..(Kynes, Cameron)
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Tuesday, February 04, 2025
30 30 23 pgs order Order on Motion to Dismiss Tue 02/04 3:14 PM
ORDER: Carpenter's Motion to Dismiss (Doc. 15 ) is DENIED. No later than February 25, 2025, the parties must file an amended case management report. Signed by Judge Kathryn Kimball Mizelle on 2/4/2025. (BTM)
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Friday, October 04, 2024
29 29 utility Case Assigned/Reassigned Fri 10/04 3:39 PM
Case Reassigned to Magistrate Judge Lindsay S. Griffin. New case number: 8:23-cv-02959-KKM-LSG. Magistrate Judge Unassigned Magistrate no longer assigned to the case. (JKB)
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Friday, August 16, 2024
28 28 order Order on Motion to Stay Discovery Fri 08/16 1:24 PM
ENDORSED ORDER granting Defendant's motion 26 to stay discovery. If necessary, the parties must file an amended case management report within twenty-one days of an order resolving Defendant's pending motion to dismiss. Signed by Judge Steven D. Merryday on 8/16/2024. (ZG)
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Thursday, June 27, 2024
27 27 respm Response in Opposition to Motion Thu 06/27 3:44 PM
RESPONSE in Opposition re26 MOTION to Stay Discovery Pending Resolution of Defendant's Motion to Dismiss filed by Saroya Marrow. (Hill, Brandon)
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Thursday, June 13, 2024
26 26 motion Stay Discovery Thu 06/13 4:23 PM
MOTION to Stay Discovery Pending Resolution of Defendant's Motion to Dismiss by E.R. Carpenter Company, Inc..(Kynes, Cameron)
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Att: 1 Exhibit A
Monday, April 22, 2024
25 25 notice Compliance notice Mon 04/22 4:03 PM
NOTICE of compliance re 22 Order on Motion to Appear Pro Hac Vice of Christopher M. Michalik by E.R. Carpenter Company, Inc. (Michalik, Christopher)
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Tuesday, April 16, 2024
24 24 respm Response in Opposition to Motion Tue 04/16 2:51 PM
RESPONSE in Opposition re15 MOTION to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law filed by Saroya Marrow.(Heystek, Amanda)
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Att: 1 Exhibit A
Monday, April 15, 2024
23 23 order Order on Motion for Extension of Time to File Response / Reply Mon 04/15 9:58 AM
ENDORSED ORDER granting Plaintiff's 21 Unopposed Motion for Extension of Time to Respond. Plaintiff must respond to the 15 Motion to Dismiss by April 16, 2024. Signed by Judge Kathryn Kimball Mizelle on 4/15/2024. (ZG)
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Monday, April 08, 2024
22 22 order Order on Motion to Appear Pro Hac Vice Mon 04/08 9:47 AM
ENDORSED ORDER granting 20 Motion to Appear Pro Hac Vice. Attorney Christopher M. Michalik may appear pro hac vice on behalf of Defendant E.R. Carpenter Company, Inc. 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 4/8/2024. (SEC)
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Friday, April 05, 2024
21 21 motion Extension of Time to File Response / Reply Fri 04/05 2:53 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to15 MOTION to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law by Saroya Marrow. (Heystek, Amanda)
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Thursday, April 04, 2024
20 20 motion Appear Pro Hac Vice Thu 04/04 1:02 PM
Unopposed MOTION for Christopher M. Michalik to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21945874 for $150 by E.R. Carpenter Company, Inc.. (Kynes, Cameron)
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Friday, March 29, 2024
19 19 adr Notice of selection of mediator Fri 03/29 5:23 PM
NOTICE OF SELECTION of Carlos Burruezo as mediator by E.R. Carpenter Company, Inc.. (Kynes, Cameron)
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Monday, March 25, 2024
18 18 misc Case Management Report Mon 03/25 5:51 PM
CASE MANAGEMENT REPORT. (Kynes, Cameron)
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Tuesday, March 19, 2024
17 17 notice Notice to Counsel of Local Rule Thu 03/21 2:47 PM
NOTICE TO COUNSEL Christopher Michael Michalik of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (KME)
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16 16 order Order on Motion to Dismiss Tue 03/19 4:14 PM
ENDORSED ORDER denying Defendant's 9 Motion to Dismiss as moot. Signed by Judge Kathryn Kimball Mizelle on 3/19/2024. (ZG)
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15 15 motion Dismiss Tue 03/19 12:25 PM
MOTION to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law by E.R. Carpenter Company, Inc..(Kynes, Cameron)
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Att: 1 Exhibit A
Tuesday, March 05, 2024
14 14 cmp Amended Complaint Tue 03/05 6:14 PM
AMENDED COMPLAINT (CLASS ACTION) against E.R. Carpenter Company, Inc. filed by Saroya Marrow. Related document: 1 Complaintfiled by Saroya Marrow.(Hill, Brandon)
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Att: 1 Exhibit A - COBRA Notice,
Att: 2 Exhibit B - COBRA Model Notice
Monday, March 04, 2024
13 13 utility Case Assigned/Reassigned Mon 03/04 3:47 PM
Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-02959-KKM-UAM. Magistrate Judge Julie S. Sneed no longer assigned to the case. (SAO)
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Thursday, February 15, 2024
12 12 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 02/15 4:14 PM
CERTIFICATE of interested persons and corporate disclosure statement re7 Standing Order by E.R. Carpenter Company, Inc. identifying Other Affiliate Carpenter Co. for E.R. Carpenter Company, Inc.. (Kynes, Cameron)
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Tuesday, February 13, 2024
11 11 order Order Tue 02/13 6:14 PM
ENDORSED ORDER: Defendant's 10 Corporate Disclosure Statement fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose "ownership however small of a party's shares or stock," not simply those whose ownership constitutes 10% or more. See (Doc. 7 ) at 7. Defendant must file a new statement using the form attached to the 7 Civil Case Order (also available on the undersigned's website) by February 16, 2024. Signed by Judge Kathryn Kimball Mizelle on 2/13/2024. (ZG)
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10 10 misc Corporate Disclosure Statement Tue 02/13 12:36 PM
CORPORATE Disclosure Statement by E.R. Carpenter Company, Inc. identifying Other Affiliate Carpenter Co. for E.R. Carpenter Company, Inc... (Kynes, Cameron)
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9 9 15 pgs motion Dismiss Tue 02/13 11:56 AM
MOTION to Dismiss Plaintiff's Complaint by E.R. Carpenter Company, Inc..(Kynes, Cameron)
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Att: 1 Exhibit A (COBRA Enrollment Notice)
Thursday, February 01, 2024
8 8 service Summons returned executed Thu 02/01 2:49 PM
RETURN of service executed on January 23, 2024 by Saroya Marrow as to E.R. Carpenter Company, Inc.. (Hill, Brandon)
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Friday, January 05, 2024
7 7 order Standing Order Fri 01/05 5:41 PM
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any Defendant appears. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 1/5/2024. (ZG)
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Thursday, January 04, 2024
6 6 misc Certificate of Interested Persons and Corporate Disclosure Statement Thu 01/04 8:30 PM
CERTIFICATE of interested persons and corporate disclosure statement by Saroya Marrow. (Hill, Brandon)
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5 5 notice Notice of a Related Action Thu 01/04 8:29 PM
NOTICE of a related action per Local Rule 1.07(c) by Saroya Marrow. Related case(s): No (Hill, Brandon)
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Wednesday, December 27, 2023
4 4 service Summons issued Wed 12/27 1:43 PM
SUMMONS issued as to E.R. Carpenter Company, Inc. (JTM)
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Tuesday, December 26, 2023
3 3 utility Case Assigned/Reassigned Tue 12/26 9:39 AM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-02959-KKM-JSS. (JG)
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Friday, December 22, 2023
2 2 notice Notice of Lead Counsel Designation Fri 12/22 6:48 PM
NOTICE of Lead Counsel Designation by Amanda E. Heystek on behalf of Saroya Marrow. Lead Counsel: Amanda E. Heystek. (Heystek, Amanda)
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1 1 17 pgs cmp Complaint Fri 12/22 6:46 PM
COMPLAINT (CLASS ACTION) against E. R. Carpenter Company, Inc. d/b/a Carpenter Co. (Filing fee $405 receipt number AFLMDC-21596875) filed by Saroya Marrow.(Heystek, Amanda)
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Att: 1 11 pgs Exhibit A - COBRA Notice,
Att: 2 Exhibit B - Model Election Notice,
Att: 3 Civil Cover Sheet,
Att: 4 Proposed Summons