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Labor: E.R.I.S.A. | Florida Middle
Order
TEXT ORDER. On November 11, 2025, the Court entered a Civil Action Order governing the procedures to follow in this case. (Doc. 5). That Order directed the parties to file a Uniform Case Management Report within Forty (40) days after any defendant appears in this action. (Id. at 2). On April 8, 2026, Plaintiff filed a Notice of Exception to Uniform Case Management Report, stating that - pursuant to Local Rule 3.02(d) - "Plaintiff is not required to file [a] Uniform Case Management Report since this matter is governed by ERISA." However, Local Rule 3.02(d)(2) provides that parties are not required to file a case management report in "an action for review on an administrative record unless the action is under the Employee Retirement Income Security Act of 1974." Thus, the parties were required to file a Uniform Case Management Report. Within fourteen (14) days of this Order, the parties are DIRECTED to file a Uniform Case Management Report. Signed by Judge John L. Badalamenti on 7/10/2026. (CAR)
ENDORSED ORDER: Plaintiff and Defendant Regions Financial Corporation filed a 33 stipulation of dismissal under Rule 41(a)(1). Because the stipulation is not signed by "all parties who have appeared in the lawsuit (e.g., the plaintiff and all other parties who have appeared at some point during the litigation)," dismissal is not appropriate under Rule 41(a)(1)(A)(ii). City of Jacksonville v. Jacksonville Hosp. Holdings, Inc., 82 F.4th 1031, 1034 (11th Cir. 2023). The parties may refile the stipulation with the requisite signatures or move for dismissal under Rule 41(a)(2). Signed by Judge Kathryn Kimball Mizelle on 7/10/2026. (PBH)
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