Mantle v. Viirtue, Inc.

Florida Middle District Court
Judge:Thomas P Barber
Referred: Sean P Flynn
Case #: 8:24-cv-01614
Nature of Suit751 Labor - Family and Medical Leave Act
CauseAmericans with Disabilities Act
Case Filed:Jul 08, 2024
Terminated:Feb 25, 2025
Last checked: Sunday Jan 05, 2025 3:36 AM EST
Defendant
Viirtue, Inc.
Represented By
Alicia Howell Koepke
Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis,
contact info
Matthew Agojo Ceriale
Trenam Law
contact info
Plaintiff
Shawnah Mantle
Represented By
Gary Martoccio
Martoccio Law Group
contact info


Docket last updated: 2 hours ago
Wednesday, March 12, 2025
44 44 order Order Dismissing Case Wed 03/12 9:47 AM
ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 41(a) and the "Joint Stipulation of Dismissal with Prejudice" (Doc. 43 ), this action is dismissed with prejudice, with all parties to bear their own attorney's fees and costs. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 3/12/2025. (EKB)
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Tuesday, March 11, 2025
43 43 misc Stipulation of Dismissal Tue 03/11 4:48 PM
STIPULATION of Dismissal Joint Stipulation of Dismissal by Shawnah Mantle. (Martoccio, Gary)
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Thursday, February 27, 2025
42 42 notice Notice to Counsel of Local Rule Thu 02/27 10:46 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). (MGB)
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Tuesday, February 25, 2025
40 40 order Order Dismissing Case Tue 02/25 11:11 AM
ENDORSED ORDER: On the basis of "Defendant's Notice of Settlement" (Doc. 39 ), 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. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 2/25/2025. (EKB)
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Thursday, February 20, 2025
41 41 minutes Case Management Conference Tue 02/25 3:29 PM
MINUTE ENTRY for 2/20/2025 in-person Case Management Conference before Judge Thomas P. Barber. Court Reporter: Rebekah Lockwood (GSO)
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39 39 notice Notice of settlement Thu 02/20 12:48 PM
NOTICE of settlement by Viirtue, Inc. (Koepke, Alicia)
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Friday, November 15, 2024
38 38 order Case Management Scheduling Order Fri 11/15 5:04 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 11/15/2024; Discovery due by 10/31/2025; Dispositive motions due by 1/9/2026; Plaintiff disclosure of expert report due by 11/19/2024; Defendant disclosure of expert report due by 1/31/2025; Rebuttal disclosure of expert report due by 2/14/2025. Pretrial Conference set for JUNE 15, 2026, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for the July 2026 term (commencing 6/29/2026) before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 3-4 days to complete. Conduct mediation hearing by 12/15/2025. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 11/15/2024. (SRC)
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Monday, November 11, 2024
37 37 respm Response in Opposition to Motion Mon 11/11 4:46 PM
RESPONSE in Opposition re23 MOTION to Dismiss First Amended Complaint filed by Shawnah Mantle. (Martoccio, Gary)
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Thursday, November 07, 2024
36 36 order Order on Motion for Miscellaneous Relief Thu 11/07 4:25 PM
ENDORSED ORDER: "Plaintiff's Unopposed Motion for Leave to File Excess Pages" (Doc. 35 ) is granted. Signed by Judge Thomas P. Barber on 11/7/2024. (EKB)
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35 35 motion Miscellaneous Relief Thu 11/07 4:07 PM
MOTION for Miscellaneous Relief, specifically LEAVE TO FILE EXCESS PAGES by Shawnah Mantle. (Martoccio, Gary)
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Tuesday, November 05, 2024
34 34 notice Notice of Hearing Tue 11/05 11:27 AM
NOTICE of hearing: Case Management Conference set for FEBRUARY 20, 2025, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC)
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Friday, November 01, 2024
32 32 order Order on Motion to Amend / Correct / Modify / Supplement Fri 11/01 1:51 PM
ENDORSED ORDER: "Plaintiff's Opposed Motion for Leave to File Second Amended Complaint" (Doc. 26 ) is denied without prejudice. Plaintiff is directed to file a memorandum in opposition to the motion to dismiss the amended complaint by November 12, 2024. In that memorandum, Plaintiff should present argument and legal authority to show that the allegations in the amended complaint (Doc. 21 ) are sufficient to state a claim for relief under each of Plaintiff's legal theories. In the event Plaintiff agrees the allegations in the amended complaint are insufficient in any respect, Plaintiff should in its memorandum seek leave to amend, attaching a proposed second amended complaint and explaining why the proposed second amended complaint would cure any defects at issue. Plaintiff should anticipate and address arguments Defendant will make in opposition to the filing of a second amended complaint. Signed by Judge Thomas P. Barber on 11/1/2024. (EKB)
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Wednesday, October 30, 2024
33 33 minutes Case Management Conference Sun 11/03 2:08 PM
Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: INITIAL CASE MANAGEMENT CONFERENCE held on 10/30/2024. Court Reporter: Rebekah Lockwood (SRC)
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Friday, October 25, 2024
31 31 order Order on Motion for Leave to File Document Fri 10/25 1:23 PM
ENDORSED ORDER: "Plaintiff's Opposed Motion for Leave to File Reply to Defendant's Response in Opposition to Motion for Leave to File Second Amended Complaint" (Doc. 30 ) is denied. If necessary to resolve the pending motion, the Court will direct the parties to file supplemental memoranda or set a hearing to further address the legal issues and arguments in this case. Signed by Judge Thomas P. Barber on 10/25/2024. (EKB)
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30 30 motion Leave to File Document Fri 10/25 11:47 AM
MOTION for Leave to File REPLY TO DEFENDANT'S RESPONSE IN OPPOSITION by Shawnah Mantle. (Martoccio, Gary)
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Monday, October 21, 2024
29 29 respm Response in Opposition to Motion Mon 10/21 2:22 PM
RESPONSE in Opposition re26 MOTION for Leave to File Second Amended Complaint filed by Viirtue, Inc.. (Ceriale, Matthew)
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Saturday, October 12, 2024
28 28 order Order on Motion for Extension of Time to File Response / Reply Sat 10/12 5:08 PM
ENDORSED ORDER: "Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss First Amended Complaint" (Doc. 27 ) is granted. Plaintiff may file her response to the motion to dismiss the first amended complaint within fourteen days after entry of the Court's order on Plaintiff's motion for leave to file a second amended complaint (Doc. 26 ). Signed by Judge Thomas P. Barber on 10/12/2024. (EKB)
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Thursday, October 10, 2024
27 27 motion Extension of Time to File Response / Reply Thu 10/10 5:19 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to23 MOTION to Dismiss First Amended Complaint by Shawnah Mantle. (Martoccio, Gary)
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Monday, October 07, 2024
26 26 motion Amend / Correct / Modify / Supplement Mon 10/07 1:53 PM
MOTION to Amend PLAINTIFF'S OPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Shawnah Mantle.(Martoccio, Gary)
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Att: 1 Exhibit A, Plaintiff's Second Amended Complaint
Tuesday, October 01, 2024
25 25 order Order on Motion to Dismiss Tue 10/01 5:45 PM
ENDORSED ORDER: Because Plaintiff has filed an amended complaint (Doc. 21 ), Defendant's "Motion to Dismiss Complaint" (Doc. 18 ) is denied as moot. Signed by Judge Thomas P. Barber on 10/1/2024. (EKB)
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Wednesday, September 25, 2024
24 24 notice Notice of Hearing Wed 09/25 2:00 PM
NOTICE of hearing: Initial Case Management Conference set for OCTOBER 30, 2024, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. NOTE: Parties are advised that should they consent to have this entire case heard by the assigned Magistrate Judge, this hearing will be cancelled, and parties will proceed as directed by the Magistrate Judge. Parties wishing to consent to the Magistrate Judge shall file the attached form on or before the date of this hearing. Failure to appear at the mandatory conference may result in sanctions, including but not limited to dismissal of the case. (SRC)
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Tuesday, September 24, 2024
23 23 motion Dismiss Tue 09/24 4:48 PM
MOTION to Dismiss First Amended Complaint by Viirtue, Inc.. (Koepke, Alicia)
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Wednesday, September 18, 2024
22 22 misc Case Management Report Wed 09/18 4:28 PM
CASE MANAGEMENT REPORT. (Koepke, Alicia)
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Tuesday, September 10, 2024
21 21 cmp Amended Complaint Tue 09/10 11:13 AM
AMENDED COMPLAINT against Viirtue, Inc. with Jury Demand. filed by Shawnah Mantle. Related Document: 1 Complaint filed by Shawnah Mantle. (Martoccio, Gary) Modified text, entry relationship, and to reflect counsel notified re: filing blank pages on 9/10/2024 (JK)
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20 20 notice Notice of change of address Tue 09/10 10:51 AM
NOTICE of change of address by Gary Martoccio (Martoccio, Gary)
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Monday, September 09, 2024
19 19 notice Notice of change of address Mon 09/09 5:09 PM
NOTICE of change of address by Gary Martoccio (Martoccio, Gary)
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Wednesday, August 28, 2024
18 18 motion Dismiss Wed 08/28 3:48 PM
MOTION to Dismiss Complaint by Viirtue, Inc.. (Koepke, Alicia)
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Wednesday, August 14, 2024
17 17 notice Notice of appearance Wed 08/14 8:59 AM
NOTICE of Appearance by Matthew Agojo Ceriale on behalf of Viirtue, Inc. (Ceriale, Matthew)
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Tuesday, August 13, 2024
16 16 notice Notice of Lead Counsel Designation Tue 08/13 4:10 PM
NOTICE of Lead Counsel Designation by Gary Martoccio on behalf of Shawnah Mantle. Lead Counsel: Gary Martoccio. (Martoccio, Gary)
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15 15 notice Notice to Counsel of Local Rule Tue 08/13 3:56 PM
NOTICE TO COUNSEL Gary Martoccio 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). (GL)
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Monday, August 12, 2024
14 14 order Order on Motion for Extension of Time to Answer Mon 08/12 6:12 PM
ENDORSED ORDER: "Defendant's Motion for Extension of Time to Respond to the Complaint" (Doc. 9 ) is granted. Defendant may file its response to the complaint on or before August 28, 2024. Signed by Judge Thomas P. Barber on 8/12/2024. (EKB)
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13 13 notice Notice of a Related Action Mon 08/12 11:19 AM
NOTICE of a related action per Local Rule 1.07(c) by Viirtue, Inc. Related case(s): No (Koepke, Alicia) Modified docket text on 8/12/2024 (SET)
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12 12 respm Response to motion Mon 08/12 10:55 AM
RESPONSE to Motion re9 MOTION for Extension of Time to File Answer re1 Complaint filed by Shawnah Mantle. (Martoccio, Gary)
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11 11 order Order directing compliance Mon 08/12 10:39 AM
ENDORSED ORDER: Plaintiff is directed to file a response to Defendant's motion for extension of time (Doc. 9 ) by 5 p.m. on August 13, 2024, either explaining the basis for Plaintiff's opposition to the motion or stating that the motion is unopposed. Signed by Judge Thomas P. Barber on 8/12/2024. (EKB)
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Friday, August 09, 2024
10 10 misc Corporate Disclosure Statement Fri 08/09 5:37 PM
CORPORATE Disclosure Statement by Viirtue, Inc.. (Koepke, Alicia)
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9 9 motion Extension of Time to File Answer / Respond to Complaint Fri 08/09 5:33 PM
MOTION for Extension of Time to File Answer re1 Complaint by Viirtue, Inc.. (Koepke, Alicia)
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Thursday, July 25, 2024
8 8 service Proof of service Thu 07/25 4:11 PM
PROOF of service by Shawnah Mantle (Martoccio, Gary)
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Sunday, July 14, 2024
7 7 notice Notice to Counsel of Local Rule Sun 07/14 4:34 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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6 6 notice Notice to Counsel of Local Rule Sun 07/14 4:34 PM
NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SRC)
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Wednesday, July 10, 2024
5 5 service Summons issued Wed 07/10 8:13 AM
SUMMONS issued as to Viirtue, Inc. (JK)
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Tuesday, July 09, 2024
4 4 service Proposed summons Tue 07/09 12:24 PM
PROPOSED summons to be issued by Shawnah Mantle. (Martoccio, Gary)
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3 3 utility Case Assigned/Reassigned Tue 07/09 8:15 AM
NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New case number: 8:24-cv-1614-TPB-SPF. (ARL)
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Monday, July 08, 2024
2 2 misc Certificate of Interested Persons and Corporate Disclosure Statement Mon 07/08 5:41 PM
CERTIFICATE of interested persons and corporate disclosure statement by Shawnah Mantle. (Martoccio, Gary)
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1 1 cmp Complaint Mon 07/08 5:40 PM
COMPLAINT against Viirtue, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-22271982) filed by Shawnah Mantle.(Martoccio, Gary)
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Att: 1 Civil Cover Sheet