This case was last updated from PACER on 09/16/2021 at 11:21:46 (UTC).

Faria v. Home Depot U.S.A. Inc.

Case Summary

On June 25, 2021, Plaintiff Raid Faria, represented by Misty Morgan Vianna Kemp, Ruge & Green Law Group filed a personal injury - other personal injury lawsuit against Home Depot USA, Inc. (“Defendant”) for allegedly negligently maintaining the Defendant’s premises. This case was filed in the U.S. District Court for the Middle District of Florida with Judges Kathryn K. Mizelle and Thomas G. Wilson presiding.

 

In the complaint, the Plaintiff alleges “On or about April 17, 2020, and for an unreasonable period of time prior thereto, the Defendant, Home Depot USA, Inc., negligently maintained the property located at 8815 N. Florida Avenue, Tampa, FL 33604 by allowing the wet and slippery floor to remain on the property which created a defective and dangerous condition. The Defendant had a duty to maintain the subject property in a reasonably safe condition and breached that duty by failing to do so or warning the Plaintiff of the existence of the above-described dangerous condition.”

 

The Plaintiff further alleges that “As a result of the above-described negligence and resulting dangerous and defective condition, Plaintiff, Raid Faria, on the above-described condition and suffered bodily injury and resulting pain and suffering,, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition.”

 

In the prayer for relief, the Plaintiff requests the Court to order judgement for damages in an amount exceeding thirty thousand dollars, exclusive of costs, against the Defendant, and for such other relief as this Honorable Court deems appropriate under the circumstances. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-01540

  • Filing Date:

    06/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Referral Judge

Thomas G. Wilson

Presiding Judges

Kathryn K. Mizelle

Kathryn Kimball Mizelle

 

Party Details

Plaintiff

Raid Faria

Defendant

Home Depot U.S.A. Inc.,

Attorney/Law Firm Details

Plaintiff Attorney

Misty Morgan Vianna

Attorney at Kemp Ruge Green Law Group

11567 Trinity Blvd

Trinity, FL 34655

Defendant Attorneys

Meghan Leigh Theodore

Attorney at Wicker, Smith, O'Hara, McCoy & Ford, PA

100 N Tampa St Ste 1800

Tampa, FL 33602-5810

Anthony J. Petrillo

Attorney at Luks Santaniello Petrillo & Jones, LLC

100 N Tampa St Ste 2120

Tampa, FL 33602-5809

 

Court Documents

#17

(#17) ORDER appointing Robert Santos as mediator in this action. Mediation Conference set for 2/21/2022 at 01:30 PM. Signed by Judge Kathryn Kimball Mizelle on 9/2/2021. (NPC) (Entered: 09/02/2021)

#16

(#16) NOTICE of mediation conference to be held on February 21, 2022 at 1:30 P.M. before Robert Santos.(Vianna, Misty) Modified text on 9/1/2021 (JLD). (Entered: 09/01/2021)

14 #2

Exhibit Answer

14 #1

Exhibit Complaint

#14

(#14) RESPONSE TO ORDER TO SHOW CAUSE filed by Raid Faria. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer)(Vianna, Misty) (Entered: 08/20/2021)

#12

(#12) CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/25/2022. Dispositive motions due by 3/25/2022. Final Pretrial Conference set for 8/4/2022 at 09:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for September 2022 in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Schedule mediation by August 31, 2021. Signed by Judge Kathryn Kimball Mizelle on 8/13/2021. (NPC) (Entered: 08/13/2021)

#11

(#11) CASE MANAGEMENT REPORT. (Vianna, Misty) (Entered: 08/04/2021)

#10

(#10) CERTIFICATE of interested persons and corporate disclosure statement by Home Depot U.S.A. Inc. (Theodore, Meghan) Modified text on 7/20/2021 (JLD). (Entered: 07/20/2021)

#9

(#9) NOTICE of a related action per Local Rule 1.07(c) by Home Depot U.S.A. Inc. Related case(s): Yes (Theodore, Meghan) Modified text on 7/20/2021 (JLD). (Entered: 07/20/2021)

#8

(#8) CERTIFICATE of interested persons and corporate disclosure statement by Raid Faria. (Vianna, Misty) (Entered: 07/15/2021)

#7

(#7) NOTICE of a related action per Local Rule 1.07(c) by Raid Faria. Related case(s): No (Vianna, Misty) (Entered: 07/15/2021)

#6

(#6) CIVIL CASE ORDER. Counsel and any unrepresented party shall meet for the purpose of preparing and filing a Case Management Report within forty days after the docketing of a removed action. Signed by Judge Kathryn Kimball Mizelle on 7/6/2021. (DMP) (Entered: 07/06/2021)

#5

(#5) STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS) (Entered: 06/25/2021)

1 #10

Civil Cover Sheet

1 #9

State Court Other Documents

1 #6

State Court COMPLAINT

1 #4

Exhibit D

1 #2

Exhibit B

14 More Documents Available
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Docket Entries

  • 09/02/2021
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  • Docket(#17) ORDER appointing Robert Santos as mediator in this action. Mediation Conference set for 2/21/2022 at 01:30 PM. Signed by Judge Kathryn Kimball Mizelle on 9/2/2021. (NPC) (Entered: 09/02/2021)

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  • 09/01/2021
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  • Docket(#16) NOTICE of mediation conference to be held on February 21, 2022 at 1:30 P.M. before Robert Santos.(Vianna, Misty) Modified text on 9/1/2021 (JLD). (Entered: 09/01/2021)

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  • 08/25/2021
  • Docket(#15) ENDORSED ORDER: Upon review of Plaintiff's response, 13 Order to Show Cause is Discharged. Signed by Judge Kathryn Kimball Mizelle on 8/25/2021. (NPC) (Entered: 08/25/2021)

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  • 08/20/2021
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  • Docket(#14) RESPONSE TO ORDER TO SHOW CAUSE filed by Raid Faria. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer)(Vianna, Misty) (Entered: 08/20/2021)

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  • 08/16/2021
  • Docket(#13) ENDORSED ORDER TO SHOW CAUSE: By August 20, 2021, Plaintiff is order to show cause why the complaint should not be dismissed as an impermissible shotgun pleading as it fails to specify what claim of relief Plaintiff proceeds on (or if there are multiple claims) and fails to allege facts making causation plausible. Signed by Judge Kathryn Kimball Mizelle on 8/16/2021. (NPC) (Entered: 08/16/2021)

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  • 08/13/2021
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  • Docket(#12) CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/25/2022. Dispositive motions due by 3/25/2022. Final Pretrial Conference set for 8/4/2022 at 09:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for September 2022 in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Schedule mediation by August 31, 2021. Signed by Judge Kathryn Kimball Mizelle on 8/13/2021. (NPC) (Entered: 08/13/2021)

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  • 08/04/2021
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  • Docket(#11) CASE MANAGEMENT REPORT. (Vianna, Misty) (Entered: 08/04/2021)

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  • 07/20/2021
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  • Docket(#10) CERTIFICATE of interested persons and corporate disclosure statement by Home Depot U.S.A. Inc. (Theodore, Meghan) Modified text on 7/20/2021 (JLD). (Entered: 07/20/2021)

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  • 07/20/2021
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  • Docket(#9) NOTICE of a related action per Local Rule 1.07(c) by Home Depot U.S.A. Inc. Related case(s): Yes (Theodore, Meghan) Modified text on 7/20/2021 (JLD). (Entered: 07/20/2021)

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  • 07/15/2021
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  • Docket(#8) CERTIFICATE of interested persons and corporate disclosure statement by Raid Faria. (Vianna, Misty) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#7) NOTICE of a related action per Local Rule 1.07(c) by Raid Faria. Related case(s): No (Vianna, Misty) (Entered: 07/15/2021)

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  • 07/06/2021
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  • Docket(#6) CIVIL CASE ORDER. Counsel and any unrepresented party shall meet for the purpose of preparing and filing a Case Management Report within forty days after the docketing of a removed action. Signed by Judge Kathryn Kimball Mizelle on 7/6/2021. (DMP) (Entered: 07/06/2021)

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  • 06/25/2021
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  • Docket(#5) STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS) (Entered: 06/25/2021)

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  • 06/25/2021
  • Docket(#4) NOTICE to counsel Misty Morgan Vianna of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk) (JLD) (Entered: 06/25/2021)

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  • 06/25/2021
  • Docket(#3) NOTICE to counsel Misty Morgan Vianna 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) (JLD) (Entered: 06/25/2021)

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  • 06/25/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Kathryn K. Mizelle and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-1540-KKM-TGW. (SJB) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#1) COMPLAINT and NOTICE OF REMOVAL from 13th Judicial Circuit, Hillsborough County, case number 21-CA-4353 filed in State Court on 5/26/2021. Filing fee $ 402, receipt number AFLMDC-18408173 filed by Home Depot U.S.A. Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 State Court COMPLAINT, #7 State Court ANSWER, #8 State Court Docket Sheet, #9 State Court Other Documents, #10 Civil Cover Sheet)(Petrillo, Anthony) Modified text on 6/25/2021 (JLD). (Entered: 06/25/2021)

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