Florida Southern District Court
Judge:Rodolfo A Ruiz, II
Referred: Lauren Fleischer Louis
Case #: 1:24-cv-21366
Nature of Suit442 Civil Rights - Employment
Cause28:1441 Notice of Removal - Labor
Case Filed:Apr 12, 2024
Case in other court:11th Judicial Circuit, in and for Miami-Dade Count, 24-003330-CA-01
Last checked: Friday Apr 12, 2024 10:06 AM EDT
Defendant
FBMC Benefits Management, Inc.
Represented By
Brian Lee Hayden
Jackson Lewis P.C.
contact info
Plaintiff
Diany Dulcio


Docket last updated: 04/30/2024 11:59 PM EDT
Tuesday, April 23, 2024
12 12 1 pgs order Order on Motion to Continue Wed 04/24 10:51 AM
AMENDED SCHEDULING ORDER RESETTING TRIAL DATE granting11 Motion to Continue. Calendar Call set for 4/1/2025 11:00 AM before Judge Rodolfo A. Ruiz II. Jury Trial set for 4/7/2025 before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 4/23/2024. See attached document for full details. (pcs)
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11 11 motion Continue Tue 04/23 1:58 PM
Unopposed MOTION to Continue Trial Schedule re10 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,,, Order Referring Case to Mediation,,,, by FBMC Benefits Management, Inc.. Responses due by 5/7/2024. (Hayden, Brian)
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Friday, April 19, 2024
10 10 order Scheduling Order Order Referring Case to Magistrate Judge Order Referring Case to Mediation Mon 04/22 9:54 AM
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 3/10/2025 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 3/4/2025 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 5/30/2024., Discovery due by 11/12/2024., Expert Discovery due by 11/12/2024., Joinder of Parties due by 5/30/2024., Mediation Deadline 11/19/2024., In Limine Motions due by 12/23/2024., Dispositive Motions due by 11/26/2024., Motions due by 11/26/2024., Pretrial Stipulation due by 12/23/2024.), ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/19/2024. See attached document for full details. (pcs)
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Thursday, April 18, 2024
9 9 order - Order (PAPERLESS or pdf attached) Thu 04/18 5:13 PM
PAPERLESS ORDER on7 Defendant's Partial Motion to Dismiss Plaintiff's Complaint ("Motion"). The Motion argues that Counts II and V of the Complaint should be dismissed because they are (1) merely conclusory and devoid of the necessary factual support and (2) not sufficiently plausible to state a hostile work environment claim. See Mot. at 4-7. Without expressing any views as to the Motion's merits, the Court reminds Plaintiff she may cure the purported pleading defects by filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend the Complaint on or before May 6, 2024 , or respond to the Motion on or before May 2, 2024 . Should Plaintiff wish to avail herself of the opportunity to amend the Complaint, she shall file a notice on or before May 2, 2024 , indicating her intent. Signed by Judge Rodolfo A. Ruiz, II on 4/18/2024. (agh)
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8 8 misc Scheduling Report - Rule 26(f)/16.1 Thu 04/18 2:50 PM
Joint SCHEDULING REPORT - Rule 16.1 by FBMC Benefits Management, Inc. (Hayden, Brian)
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7 7 motion Dismiss for Failure to State a Claim Thu 04/18 12:23 PM
Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Partial Motion to Dismiss Plaintiff's Complaint by FBMC Benefits Management, Inc.. Responses due by 5/2/2024. (McGuire, James)
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6 6 misc Certificate of Other Affiliates/Corporate Disclosure Statement Thu 04/18 11:48 AM
Defendant's Corporate Disclosure Statement by FBMC Benefits Management, Inc. (Hayden, Brian)
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Wednesday, April 17, 2024
5 5 1 pgs order Order Requiring Joint Scheduling Report Thu 04/18 8:10 AM
ORDER REQUIRING JOINT SCHEDULING REPORTAND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 4/25/2024 Signed by Judge Rodolfo A. Ruiz, II on 4/17/2024. See attached document for full details. (pcs)
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4 4 misc Status Report Wed 04/17 10:27 AM
STATUS REPORT by FBMC Benefits Management, Inc. (Hayden, Brian)
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Friday, April 12, 2024
3 3 order Status Report Order Mon 04/15 7:48 AM
ORDER REQUIRING REMOVAL STATUS REPORT Status Report due by 4/26/2024. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2024. See attached document for full details. (pcs)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Fri 04/12 11:10 AM
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (wce)
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1 1 cmp Notice of Removal (State Court Complaint) Fri 04/12 9:43 AM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17442755, filed by FBMC Benefits Management, Inc. (No Answer/ Motion to Dismiss Filed)(Hayden, Brian) Modified Text on 4/12/2024 (wce)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Exhibit Composite Exhibit A