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 139 |
Filed: 7/30/2019, Entered: 7/30/2019 |
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STIPULATION of Dismissal Joint Stipulation of Dismissal by NCL (BAHAMAS), LTD. (Attachments: # 1 Text of Proposed Order)(Friedman, Darren)
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| 138 |
Filed: 7/17/2019, Entered: 7/17/2019 |
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PAPERLESS ORDER cancelling the special set trial scheduled for 7/22/2019 in light of the parties' 137 Notice of Settlement filed on 7/17/2019. Signed by Magistrate Judge Jonathan Goodman on 7/17/2019. (jzn)
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| 137 |
Filed: 7/17/2019, Entered: 7/17/2019 |
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NOTICE of Settlement by NCL (BAHAMAS), LTD. (Friedman, Darren)
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Request |
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| 135 |
Filed: 7/15/2019, Entered: 7/15/2019 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Miscellaneous Hearing held on 7/15/2019. Total time in court: 1 hour(s) : 44 minutes. Attorney Appearance(s): Joseph H. Low, IV, Jeffrey Eric Foreman, Avi C Shoham, Jack Roy Reiter, Darren Wayne Friedman, Other appearances: Brett Berman, Corporate Rep.. (Digital 17:04:17,18:36:55) (tb)
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| 134 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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NOTICE by NCL (BAHAMAS), LTD. Defendant's Designations Regarding Use of Dr. Allen Singer's Deposition as Substantive Evidence at Trial (Shoham, Avi)
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Request |
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| 133 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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PAPERLESS ORDER re 131 Notice (Other) filed by NCL (BAHAMAS), LTD., 98 Response/Reply (Other) filed by 4FB6052his Order rules upon the objections to deposition designations filed by Plaintiff [ECF No. 98] and Defendant [ECF No. 131].Although the trial will be a bench trial, the parties should still read or play (i.e., with a DVD and a computer, or other device, if a deposition was video recorded) in Court the portions of the deposition designations for which there are no sustained objections. The parties are certainly able to read questions and answers aloud in Court even if video excerpts are available.The deposition designations and objections concern only the C246C68, Paul Alphanso and Kay Canavan Alford depositions.Given that the trial will be a bench trial, the Undersigned overrules all of the objections raised to the designations of the three deponents, other than the few listed below (which designate objections which are sustained).Concerning Plaintiff's Objections to Defendant's Paul Alphanso's Deposition Designations:Under the rule of completeness, NCL will also need to include page 11, lines 1-25, when it reads or plays the testimony from page 12, lines 3-8.Similarly, NCL will need to include page 42, line 11 through page 43, line 9 when it reads or play testimony from page 41, line 13 to page 42, line 10.Concerning NCL's First Amended Objections to Plaintiff's C246C68 Deposition Designations:Plaintiff will need to include page 17, line 7 when he reads or plays testimony from page 15, line 19 to page 16, line 4.Plaintiff will need to include page 21, line 15 through line 18 when he reads or plays testimony from page 21, line 10 through page 21, line 14.Plaintiff will need to include page 39, line 18 to page 40, line 9 when he reads or plays testimony from page 39, line 13 through line 17. Signed by Magistrate Judge Jonathan Goodman on 7/12/2019. (JG)
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| 132 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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PAPERLESS ORDER denying without prejudice as moot 86 Motion in Limine. The Undersigned already ruled on these disputes at the last in-Court hearing (and also memorialized those rulings in a post-hearing administrative order). Signed by Magistrate Judge Jonathan Goodman on 7/12/2019. (JG)
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| 131 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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NOTICE by NCL (BAHAMAS), LTD. Defendant's First Amended Objections to Plaintiffs' Deposition Designation (Friedman, Darren)
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Request |
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| 130 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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NOTICE by NCL (BAHAMAS), LTD. Defendant's Second Amended Designations Regarding Use of Depositions as Substantive Evidence at Trial (Friedman, Darren)
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Request |
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| 129 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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NOTICE of Striking 128 Notice (Other) filed by NCL (BAHAMAS), LTD. by NCL (BAHAMAS), LTD. (Friedman, Darren)
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Request |
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| 128 |
Filed: 7/12/2019, Entered: 7/12/2019 |
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STRICKEN PER DE 129 .. NOTICE by NCL (BAHAMAS), LTD. Defendant's First Amended Objections to Plaintiffs' Deposition Designation (Friedman, Darren) Modified on 7/12/2019 (lbc).
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Request |
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| 127 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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RESPONSE to Motion re 103 Corrected MOTION for Reconsideration re 84 Order on Motion for Summary Judgment (corrected solely to include a request for hearing) filed by 4FB6052Replies due by 7/18/2019. (Valenti, James)
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Request |
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| 126 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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PAPERLESS ORDER granting 118 Defendant NCL's Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Defendant shall file the amended designations and objections to designations by July 12, 2019. Signed by Magistrate Judge Jonathan Goodman on 7/11/2019. (JG)
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| 125 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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PAPERLESS ORDER denying, albeit without prejudice, 121 Motion in Limine. Because this is now going to be a bench trial, and not a jury trial, the Undersigned is capable of evaluating Dr. Singer's testimony and I will place in context his comment about diagnostic assessments. I understand that there is a difference in the references used by doctors in the United States and Great Britain. Signed by Magistrate Judge Jonathan Goodman on 7/11/2019. (JG)
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| 123 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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PAPERLESS ORDER denying as moot 117 Motion for Extension of Time. The Undersigned has already granted [ECF No. 119] NCL's motion to strike jury trial demand and rejected the request for an advisory jury, so there is no need for jury instructions or a verdict form. Signed by Magistrate Judge Jonathan Goodman on 7/11/2019. (JG)
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| 140 |
Filed: 7/30/2019, Entered: 7/30/2019 |
Order dismissing case |
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Request |
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| 122 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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NOTICE by 4FB6052ounsel's (Third) Notice of Trial Setting in Another Matter (Valenti, James)
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Request |
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Filed: 7/17/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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Filed: 7/17/2019, Entered: None |
~Util - Terminate Deadlines and Hearings |
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Request |
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| 136 |
Filed: 7/16/2019, Entered: 7/16/2019 |
Order on Motion for reconsideration |
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Request |
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| 119 |
Filed: 7/11/2019, Entered: 7/11/2019 |
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PAPERLESS ORDER granting 88 Defendant's Motion to Strike Jury Trial Request.The Undersigned grants the motion to strike the jury trial request because (1) there is no diversity jurisdiction in this case because both Plaintiffs and Defendant are aliens; (2) the Court has admiralty jurisdiction in this case; and (3) there is no right to a jury trial in admiralty jurisdiction cases.The Undersigned also denies Plaintiffs' request, asserted in their response to the motion, for an advisory jury. The case will proceed as a bench trial before me, as scheduled, beginning July 22, 2019.Given this ruling, NCL need not file a reply in further support of its motion Signed by Magistrate Judge Jonathan Goodman on 7/11/2019. (JG)
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Filed: 7/12/2019, Entered: None |
order on motion in limine |
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Request |
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Filed: 7/12/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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Filed: 7/11/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 116 |
Filed: 7/10/2019, Entered: 7/10/2019 |
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NOTICE by NCL (BAHAMAS), LTD. re 103 Corrected MOTION for Reconsideration re 84 Order on Motion for Summary Judgment (corrected solely to include a request for hearing) Formal Notice of Correction (Reiter, Jack)
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Request |
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Filed: 7/11/2019, Entered: None |
Order on Motion For Leave to File. |
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Request |
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| 115 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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NOTICE by 4FB6052laintiff's Second Notice of Trial Setting in Another Matter (Valenti, James)
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Request |
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Filed: 7/11/2019, Entered: None |
order on motion in limine |
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Request |
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| 114 |
Filed: 7/9/2019, Entered: 7/9/2019 |
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RESPONSE to Motion re 88 Defendant's MOTION to Strike DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S REQUEST FOR JURY TRIAL filed by 4FB6052Replies due by 7/16/2019. (Valenti, James)
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Request |
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Filed: 7/11/2019, Entered: None |
order on motion to strike |
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Request |
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| 113 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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NOTICE by 4FB6052laintiff's Notice of Trial Setting in Another Matter (Valenti, James)
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Request |
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| 124 |
Filed: 7/11/2019, Entered: 7/11/2019 |
Order on Motion to Bring Electronic Equipment |
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Request |
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| 121 |
Filed: 7/11/2019, Entered: 7/11/2019 |
In Limine |
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Request |
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| 111 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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STIPULATION Joint Pretrial Stipulation by NCL (BAHAMAS), LTD. (Attachments: # 1 Exhibit Plaintiff's Exhibit List, # 2 Exhibit Defendant's Exhibit List, # 3 Exhibit Plaintiff's Witness List, # 4 Exhibit Defendant's Witness List)(Friedman, Darren)
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Request |
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| 120 |
Filed: 7/11/2019, Entered: 7/11/2019 |
Bring Electronic Equipment |
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Request |
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| 110 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Final Pretrial Conference held on 7/8/2019. Total time in court: 2 hour(s) : 29 minutes. Attorney Appearance(s): James Charles Valenti, Earl Landers Vickery, Joseph H. Low, IV, Jeffrey Eric Foreman, Avi C Shoham, Jack Roy Reiter, Darren Wayne Friedman. (Digital 09:26:39,11:31:51) (tb)
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| 118 |
Filed: 7/11/2019, Entered: 7/11/2019 |
Leave to File Document |
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Request |
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| 109 |
Filed: 7/8/2019, Entered: 7/8/2019 |
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NOTICE by NCL (BAHAMAS), LTD. NOTICE OF FILING DEPOSITION OF PAUL ALPHANSO (Attachments: # 1 Exhibit Depo Paul Alphanso) (Friedman, Darren)
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Request |
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| 117 |
Filed: 7/11/2019, Entered: 7/11/2019 |
extension of time |
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Request |
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Filed: 7/8/2019, Entered: 7/8/2019 |
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Set Hearings Per DE#107 Miscellaneous Hearing set for 7/15/2019 05:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (cqs)
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| 112 |
Filed: 7/8/2019, Entered: 7/8/2019 |
order on motion in limine |
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Request |
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| 108 |
Filed: 7/6/2019, Entered: 7/6/2019 |
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NOTICE by 4FB6052e 107 Order,,, Plaintiff's Notice of Filing in Response to Court's Paperless Order of July 6, 2019 (Valenti, James)
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Request |
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| 107 |
Filed: 7/6/2019, Entered: 7/6/2019 |
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PAPERLESS ORDER re 103 Corrected MOTION for Reconsideration re 84 Order on Motion for Summary Judgment (corrected solely to include a request for hearing) filed by NCL (BAHAMAS), LTD. In light of Sutton and Eslinger, which were decided after the Court ruled on Defendant NCL's summary judgment motion, the Undersigned will grant NCL's request for oral argument on its Corrected Motion for Reconsideration.The in-person hearing will be on Monday, July 15, 2019 at 5:00 p.m. No telephone participation will be permitted. The Undersigned will not entertain any case law or other authority not previously referenced in the briefing on the corrected motion for reconsideration or the earlier summary judgment briefing. Signed by Magistrate Judge Jonathan Goodman on 7/6/2019. (JG)
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Filed: 7/6/2019, Entered: None |
Order on Motion for reconsideration |
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Request |
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| 106 |
Filed: 7/6/2019, Entered: 7/6/2019 |
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PAPERLESS ORDER denying without prejudice as moot 100 Motion for Reconsideration. Defendant NCL has filed [ECF No. 103] a corrected version of the motion, rendering the first-filed version moot. Signed by Magistrate Judge Jonathan Goodman on 7/6/2019. (JG)
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Filed: 7/6/2019, Entered: None |
Order on Motion for Leave to Appear |
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Request |
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| 105 |
Filed: 7/6/2019, Entered: 7/6/2019 |
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PAPERLESS ORDER granting 104 Motion for Leave to Appear. Attorneys Jack Reiter (for Defendant NCL) and Lany Vickery (for Plaintiff) may appear by telephone at the July 8, 2019 (9:30 a.m.) final pretrial conference. However, each side must have an attorney in court, prepared to argue all issues, in the event that counsel cannot telephone in or there is a communications glitch. In other words, the attorneys phoning in will bear the risk that the telephone conference call will proceed in a hitch-free, snafu-free way. If it does not, then the lawyers in Court will need to make the arguments.The conference call procedure is as follows:(1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. Signed by Magistrate Judge Jonathan Goodman on 7/6/2019. (JG)
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Filed: 7/6/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 104 |
Filed: 7/6/2019, Entered: 7/5/2019 |
Appear |
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Request |
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| 103 |
Filed: 7/6/2019, Entered: 7/5/2019 |
Reconsideration |
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Request |
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| 102 |
Filed: 7/5/2019, Entered: 7/5/2019 |
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NOTICE by NCL (BAHAMAS), LTD. DEFENDANT'S OBJECTIONS TO PLAINTIFFS' DEPOSITION DESIGNATIONS (Friedman, Darren)
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Request |
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Filed: 7/5/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 100 |
Filed: 7/5/2019, Entered: 7/5/2019 |
Reconsideration |
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Request |
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| 101 |
Filed: 7/5/2019, Entered: 7/5/2019 |
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PAPERLESS ORDER re 64 Defendant's MOTION for Summary Judgment filed by NCL (BAHAMAS), LTD., 84 Order on Motion for Summary Judgment, 100 Defendant's MOTION for Reconsideration re 84 Order on Motion for Summary Judgment filed by NCL (BAHAMAS), LTD. Plaintiff shall file a response to Defendant NCL's motion for reconsideration [ECF No. 100] of this Court's Order [ECF No. 84] on NCL's summary judgment motion [ECF No. 64] by July 11, 2019. No reply or any other further briefing is permitted absent further court order.In NCL's motion for reconsideration, it asserts two arguments about punitive damages: (1) that admiralty law simply does not provide for punitive damages in this type of case, and (2) (even it if did), under the specific facts here, Plaintiff would not be entitled to punitive damages in any event. The first argument is new, and was not asserted in NCL's summary judgment motion. The second argument was asserted in the summary judgment motion, and the parties should therefore be prepared to discuss that argument at Monday's final pretrial conference.Depending on whether I rule on that second argument, and, if so, the nature of the ruling, at Monday's hearing, Plaintiff may not need to brief the first punitive damages argument raised in the reconsideration motion. Plaintiff will know by the end of Monday's hearing whether he will need to include that argument in his response to NCL's reconsideration motion. Signed by Magistrate Judge Jonathan Goodman on 7/5/2019. (JG)
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Filed: 7/4/2019, Entered: None |
Order on motion to amend/correct |
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Request |
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| 99 |
Filed: 7/5/2019, Entered: 7/5/2019 |
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NOTICE of Attorney Appearance by Jack Roy Reiter on behalf of NCL (BAHAMAS), LTD.. Attorney Jack Roy Reiter added to party NCL (BAHAMAS), LTD.(pty:dft). (Reiter, Jack)
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Request |
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| 96 |
Filed: 7/4/2019, Entered: 7/3/2019 |
Amend/Correct |
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Request |
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| 98 |
Filed: 7/5/2019, Entered: 7/5/2019 |
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Plaintiffs' Objections to Defendant's Deposition Proffers of C246C68, Paul Alphanso and Kay Canavan Alford by 4FB6052(Valenti, James)
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Request |
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Filed: 7/3/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 97 |
Filed: 7/4/2019, Entered: 7/4/2019 |
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PAPERLESS ORDER granting 96 Motion to Amend/Correct. Plaintiff may file his amended motion in limine but need not refile it because the proposed version he attached is deemed filed.However, no further briefing on this motion in limine or on Defendant's motion in limine will be permitted. Instead, because both in limine motions address only comparatively simple, straightforward, garden-variety issues, counsel will argue them at the final pretrial conference on July 8, 2019. The Court anticipates rulings from the bench at the hearing.The motion to strike jury trial demand, however, is a different situation. The parties should follow the earlier-entered briefing schedule for that motion. Signed by Magistrate Judge Jonathan Goodman on 7/4/2019. (JG)
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| 93 |
Filed: 7/3/2019, Entered: 7/3/2019 |
extension of time |
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Request |
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Filed: 7/2/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 95 |
Filed: 7/3/2019, Entered: 7/3/2019 |
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PAPERLESS ORDER granting 93 Defendant's Motion for Extension of Time to Submit Deposition Designations of Dr. Allen Singer. The Parties shall submit their deposition designations of Dr. Allen Singer on or before July 12, 2019. Signed by Magistrate Judge Jonathan Goodman on 7/3/2019. (jzn)
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| 88 |
Filed: 7/2/2019, Entered: 7/2/2019 |
Strike |
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Request |
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| 94 |
Filed: 7/3/2019, Entered: 7/3/2019 |
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NOTICE of Attorney Appearance by Avi C Shoham on behalf of NCL (BAHAMAS), LTD.. Attorney Avi C Shoham added to party NCL (BAHAMAS), LTD.(pty:dft). (Shoham, Avi)
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Request |
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| 86 |
Filed: 7/2/2019, Entered: 7/1/2019 |
In Limine |
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Request |
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| 85 |
Filed: 7/2/2019, Entered: 7/1/2019 |
In Limine |
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Request |
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| 92 |
Filed: 7/2/2019, Entered: 7/2/2019 |
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NOTICE by 4FB6052e 87 Order,,,,,,,,,,, Plaintiff's Notice of Filing in Response to Court's Order (Valenti, James)
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Request |
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| 84 |
Filed: 6/28/2019, Entered: 6/28/2019 |
Order on motion for summary judgment |
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Request |
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| 91 |
Filed: 7/2/2019, Entered: 7/2/2019 |
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PAPERLESS ORDER re 88 Defendant's MOTION to Strike DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S REQUEST FOR JURY TRIAL filed by NCL (BAHAMAS), LTD. Plaintiff shall file a reply of no more than five double-spaced pages (excluding signature block and certificate of service) to Defendant's motion to strike Plaintiff's request for jury trial by July 9, 2019 and Defendant may file an optional reply of no more than two page by July 12, 2019. Signed by Magistrate Judge Jonathan Goodman on 7/2/2019. (JG)
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| 83 |
Filed: 6/21/2019, Entered: 6/21/2019 |
order on motion to strike |
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Request |
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| 90 |
Filed: 7/2/2019, Entered: 7/2/2019 |
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RESPONSE in Opposition re 85 MOTION in Limine Defendant's Response in Opposition to Plaintiff's Motion in Limine to Exclude Previously Agreed Upon Video Surveillance filed by NCL (BAHAMAS), LTD.. Replies due by 7/9/2019. (Attachments: # 1 Exhibit Email, # 2 Exhibit Declaration of J. Pique, # 3 Exhibit Plaintiff's Answers to Interrogatory No. 11, # 4 Exhibit Deposition of Plaintiff, # 5 Exhibit Gelblum Report)(Friedman, Darren)
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Request |
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| 82 |
Filed: 5/31/2019, Entered: 5/31/2019 |
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FINAL MEDIATION REPORT by Norman Gerstein. Disposition: Case did not settle.(Friedman, Darren) (Entered: 05/31/2019)
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Request |
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| 89 |
Filed: 7/2/2019, Entered: 7/2/2019 |
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NOTICE by NCL (BAHAMAS), LTD. re 87 Order,,,,,,,,,,, Notice of Filing Documentation of 7.1 in Response to Court's Order [DE 87] (Attachments: # 1 Exhibit Email) (Friedman, Darren)
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Request |
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| 81 |
Filed: 5/20/2019, Entered: 5/20/2019 |
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Notice of Supplemental Authority re 64 Defendant's MOTION for Summary Judgment by NCL (BAHAMAS), LTD. (Attachments: # 1 Exhibit Sutton v. Royal Caribbean) (Friedman, Darren) (Entered: 05/20/2019)
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Request |
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| 80 |
Filed: 4/26/2019, Entered: 4/26/2019 |
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PAPERLESS ORDER denying 79 Motion to Allow Plaintiff to Attend Mediation Remotely. Signed by Magistrate Judge Jonathan Goodman on 4/26/2019. (jdo) (Entered: 04/26/2019)
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Request |
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| 87 |
Filed: 7/1/2019, Entered: 7/1/2019 |
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PAPERLESS ORDER re 85 MOTION in Limine filed by 4FB605286 MOTION in Limine Defendant's Omnibus Motion in Limine filed by NCL (BAHAMAS), LTD. Plaintiff [ECF No. 85] and Defendant [ECF No. 86] both filed motions in limine. Given the upcoming trial date, replies are due by July 8, 2012 and optional replies are due by July 12, 2019.Defendant's motion in limine contains a Local Rule Certificate which represents that defense counsel conferred with Plaintiff's counsel but could not resolve the issues mentioned in the motion. Although the Undersigned understands how some of the issues could not be resolved, others appear so basic and frequent that it is difficult to see how or why Plaintiff would have actually objected to them. Thus, there are two other possibilities: (1) defense counsel either never spoke with Plaintiff's counsel about these specific issues (which I will highlight below) or Plaintiff's counsel agreed to the relief but defense counsel included the issues anyway, perhaps because they are from a form motion in limine which NCL usually files before trial in all or most of its cases.Specifically, the following issues mentioned in NCL's motion in limine appear problematic, as they seem to be non-issues which Plaintiff should readily agree to in the case: (A) "to exclude comments by counsel at trial concerning personal knowledge of the facts of the case and/or the justness of plaintiff's cause," (B) "to exclude comments by counsel urging the jury to 'send a message' or 'teach a lesson' to the defendant," and (C) "to exclude reference at trial to unrelated media reports and/or matters wholly unrelated to this case involving other maritime accidents or incidents." In the reply to the defense in limine motion, Plaintiff shall specifically, on an issue-by-issue basis, represent whether counsel did in fact confer with defense counsel before NCL filed its motion in limine, and, if there was a discussion, whether Plaintiff in fact objected to the relief or refused to agree to it. If Plaintiff did in fact object or refuse to agree to the requested relief, then the Court will have a direct and candid conversation with counsel at a pre-trial hearing.On the other hand, if these three issues were not all discussed in the pre-filing discussion, then the Undersigned will have a similarly frank discussion with defense counsel about the accuracy of the local rule certificate. Alternatively, if there was a discussion and Plaintiff agreed to the relief, then the Undersigned will have an unvarnished conversation with defense counsel about the need to include one or more of these sub-issues in the motion.However this shakes out, at least one side is probably going to be in an awkward, at best, situation. Signed by Magistrate Judge Jonathan Goodman on 7/1/2019. (JG)
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Filed: 4/26/2019, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 79 |
Filed: 4/26/2019, Entered: 4/26/2019 |
Miscellaneous Relief |
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MOTION to Allow Plaintiff to Attend Mediation Remotely re 78 ORDER Scheduling Mediation, 77 Notice of Mediator Selection and/or Hearing by Gary Murray-Bell, Wendy Murray-Bell. (Attachments: # 1 Text of Proposed Order)(Valenti, James) (Entered: 04/26/2019)
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Request |
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| 78 |
Filed: 4/23/2019, Entered: 4/23/2019 |
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PAPERLESS ORDER Scheduling Mediation before Judge Norman S. Gerstein. Mediation set for 5/23/2019, at 01:00 PM, at Foreman Friedman, PA, One Biscayne Tower, 2 South Biscayne Boulevard, Suite 2300, Miami, Florida 33131. Signed by Magistrate Judge Jonathan Goodman on 4/23/2019. (jdo) (Entered: 04/23/2019)
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Request |
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Filed: 4/23/2019, Entered: None |
Order scheduling Mediation. |
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Request |
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| 77 |
Filed: 4/23/2019, Entered: 4/23/2019 |
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NOTICE of Mediator Selection and Hearing. Added NCL (BAHAMAS), LTD., Norman Gerstein. Mediation Hearing set for 5/23/19 at 1:00pm. (Attachments: # 1 Text of Proposed Order)(Friedman, Darren) (Entered: 04/23/2019)
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Request |
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| 76 |
Filed: 4/22/2019, Entered: 4/22/2019 |
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PAPERLESS ORDER requiring Defendant, by April 25, 2019, to deliver to the Undersigned's chambers courtesy copies of the conventionally-filed surveillance and CCTV videos. [ECF Nos. 61; 62] Signed by Magistrate Judge Jonathan Goodman on 4/22/2019. (jdo) (Entered: 04/22/2019)
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Request |
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| 75 |
Filed: 4/22/2019, Entered: 4/22/2019 |
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PAPERLESS ORDER denying 74 Motion to Modify the Court's Order Specially Setting Civil Jury Trial and Pretrial Schedule and Requiring Mediation. Signed by Magistrate Judge Jonathan Goodman on 4/22/2019. (jdo) (Entered: 04/22/2019)
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Request |
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Filed: 4/22/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| |
Filed: 4/22/2019, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 74 |
Filed: 4/22/2019, Entered: 4/22/2019 |
Miscellaneous Relief |
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Joint MOTION Motion to Modify the Courts Order Specially Setting Civil Jury Trial and Pretrial Schedule and Requiring Mediation re 54 Scheduling Order,, by Gary Murray-Bell, Wendy Murray-Bell. (Attachments: # 1 Exhibit 1-Mediator's Report, # 2 Text of Proposed Order)(Valenti, James) (Entered: 04/22/2019)
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Request |
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| 73 |
Filed: 4/19/2019, Entered: 4/19/2019 |
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REPLY to Response to Motion re 66 Defendant's MOTION to Strike Defendant's Omnibus Daubert Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo filed by NCL (BAHAMAS), LTD.. (Attachments: # 1 Exhibit Email)(Friedman, Darren) (Entered: 04/19/2019)
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Request |
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| 72 |
Filed: 4/11/2019, Entered: 4/11/2019 |
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REPLY to Response to Motion re 64 Defendant's MOTION for Summary Judgment filed by NCL (BAHAMAS), LTD.. (Attachments: # 1 Exhibit Repair Orders)(Friedman, Darren) (Entered: 04/11/2019)
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Request |
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| 71 |
Filed: 4/10/2019, Entered: 4/10/2019 |
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RESPONSE in Opposition re 66 Defendant's MOTION to Strike Defendant's Omnibus Daubert Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo filed by Gary Murray-Bell, Wendy Murray-Bell. Replies due by 4/17/2019. (Attachments: # 1 Exhibit A- Plaintiffs' Expert Disclosures, # 2 Exhibit B- Narrative of Dr. Clare Kenny, # 3 Exhibit C- Kenny Medical Records, # 4 Exhibit D- UK Medical License, # 5 Exhibit E- Screenshot of Dr. Clare Kenny's Website, # 6 Exhibit F- Affidavit of Daniel Stein, M.D., # 7 Exhibit G- Deposition of Gary Murray-Bell, # 8 Exhibit H- Tormo CV, # 9 Exhibit I- Affidavit of A. Charles Tormo, # 10 Exhibit J- Expert Report of A. Charles Tormo, # 11 Exhibit K- Plaintiffs' Fourth Supplemental Objections and Answers to Defendants' Initial Interrogatories, # 12 Exhibit L- E-mails between Gary Murray- Bell and Dell, # 13 Exhibit M- Stein CV, # 14 Exhibit N- Affidavit of Daniel Stein, M.D., # 15 Exhibit O- Progress Notes, # 16 Exhibit P- Stein Letter, # 17 Exhibit Q- Iyer, et.al. Cervical Radiculopathy, Curr Rev Musculoskelet Med. 2016 Sep; 9(3): 272-280)(Valenti, James) (Entered: 04/10/2019)
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Request |
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| 70 |
Filed: 4/3/2019, Entered: 4/3/2019 |
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RESPONSE in Opposition re 64 Defendant's MOTION for Summary Judgment filed by Gary Murray-Bell, Wendy Murray-Bell. Replies due by 4/10/2019. (Attachments: # 1 Exhibit Excerpts of Deposition of Gary Murray-Bell, # 2 Exhibit Excerpts of Deposition of Kay Alford, # 3 Exhibit Excerpts of Deposition of Brett Berman, # 4 Exhibit Excerpts of Deposition of Paul Alphanso, # 5 Exhibit Affidavit of Dr. Daniel Stein, # 6 Exhibit E-mail from Defense Counsel, # 7 Exhibit Excerpts of Deposition of Wendy Murray-Bell)(Valenti, James) (Entered: 04/03/2019)
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Request |
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| 69 |
Filed: 4/3/2019, Entered: 4/3/2019 |
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PAPERLESS ORDER granting 68 Motion for Extension of Time. Plaintiffs' response to Defendant's 66 Omnibus Daubert Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts Dr. Clare Kenny, Daniel Stein, MD, and A. Charles Tormo is now due by Wednesday, April 10, 2019. Defendant's reply shall be due by Friday, April 19, 2019. But the enlargement will not in any way affect the deadlines for summary judgment briefing, motions in limine or other pretrial motions. Signed by Magistrate Judge Jonathan Goodman on 4/3/2019. (jdo) (Entered: 04/03/2019)
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Request |
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Filed: 4/3/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 68 |
Filed: 4/3/2019, Entered: 4/3/2019 |
extension of time |
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Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts re 66 Defendant's MOTION to Strike Defendant's Omnibus Daubert Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo by Gary Murray-Bell, Wendy Murray-Bell. Responses due by 4/17/2019 (Attachments: # 1 Text of Proposed Order)(Valenti, James) (Entered: 04/03/2019)
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Request |
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| 67 |
Filed: 3/22/2019, Entered: 3/22/2019 |
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PAPERLESS ORDER striking 63 Motion to Strike in light of the 65 Notice of Striking. Signed by Magistrate Judge Jonathan Goodman on 3/22/2019. (jdo) (Entered: 03/22/2019)
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Request |
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| 66 |
Filed: 3/22/2019, Entered: 3/22/2019 |
Strike |
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Defendant's MOTION to Strike Defendant's Omnibus Daubert Motion to Strike and/or Preclude Testimony and Opinions of Plaintiffs' Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo by NCL (BAHAMAS), LTD.. Responses due by 4/5/2019 (Attachments: # 1 Exhibit Plaintiff's Expert Disclosure, # 2 Exhibit Kenny Disclosure, # 3 Exhibit Depo of G Murray-Bell, # 4 Exhibit Tormo Report, # 5 Exhibit Obermeyer Report, # 6 Exhibit Depo of W. Murray-Bell, # 7 Exhibit Stein Report)(Friedman, Darren) (Entered: 03/22/2019)
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Request |
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| 65 |
Filed: 3/22/2019, Entered: 3/22/2019 |
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NOTICE of Striking 63 Defendant's MOTION to Strike Defendant's Omnibus Motion to Strike and/or Preclude Testimony and Opinions of Plaintiff's Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo filed by NCL (BAHAMAS), LTD. by NCL (BAHAMAS), LTD. (Friedman, Darren) (Entered: 03/22/2019)
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Request |
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| 64 |
Filed: 3/22/2019, Entered: 3/22/2019 |
SUMMARY JUDGMENT |
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Defendant's MOTION for Summary Judgment by NCL (BAHAMAS), LTD.. Responses due by 4/5/2019 (Attachments: # 1 Exhibit Depo of G. Murray-Bell, # 2 Exhibit Depo of W. Murray-Bell, # 3 Exhibit Depo of Corporate Representative, # 4 Exhibit Plaintiff's Answers to Interrogatories, # 5 Exhibit Depo of K. Alford, # 6 Exhibit Plaintiff's Expert Disclosure, # 7 Exhibit Stein 08-14-17 Report, # 8 Exhibit Stein 01-29-19 Report, # 9 Exhibit Kenny Report, # 10 Exhibit Gelblum Report, # 11 Exhibit Tormo Report)(Friedman, Darren) (Entered: 03/22/2019)
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Request |
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Filed: 3/22/2019, Entered: None |
order on motion to strike |
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Request |
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| 63 |
Filed: 3/22/2019, Entered: 3/22/2019 |
Strike |
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(STRICKEN PER DE#67)Defendant's MOTION to Strike Defendant's Omnibus Motion to Strike and/or Preclude Testimony and Opinions of Plaintiff's Experts Dr. Clare Kenny, Daniel Stein, MD and A. Charles Tormo by NCL (BAHAMAS), LTD.. Responses due by 4/5/2019 (Attachments: # 1 Exhibit Plaintiff's Expert Witness Disclosures, # 2 Exhibit Dr. Kenney Narrative, # 3 Exhibit Deposition of Plaintiff, # 4 Exhibit Tormo Report, # 5 Exhibit Obermeyer Rebuttal Report, # 6 Exhibit Depo of W. Murray-Bell, # 7 Exhibit Dr. Stein Report)(Friedman, Darren) Modified on 3/25/2019 (cqs). (Entered: 03/22/2019)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 62 |
Filed: 3/20/2019, Entered: 3/21/2019 |
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NOTICE OF CONVENTIONAL FILING SURVEILLANCE FOOTAGE 60 Order on Motion for Miscellaneous Relief,, by NCL (BAHAMAS), LTD. (mee) (Entered: 03/21/2019)
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Request |
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| 61 |
Filed: 3/20/2019, Entered: 3/21/2019 |
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NOTICE OF CONVENTIONAL FILING CCTV FOOTAGE 59 Order on Motion for Miscellaneous Relief, by NCL (BAHAMAS), LTD. (mee) (Entered: 03/21/2019)
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Request |
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Filed: 3/15/2019, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 60 |
Filed: 3/15/2019, Entered: 3/15/2019 |
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PAPERLESS ORDER granting 58 Motion for Leave to Conventionally File Surveillance Footage in Support of Defendant's Motion for Summary Judgment. Defendant is authorized to make such a filing, and the Clerk is directed to accept it.In addition, Defendant shall hand deliver to the Undersigned's chambers a courtesy copy of the surveillance footage at issue in the summary judgment motion on the same day of the conventional filing with the Clerk. Signed by Magistrate Judge Jonathan Goodman on 3/15/2019. (jdo) (Entered: 03/15/2019)
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Request |
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Filed: 3/14/2019, Entered: None |
order on motion for miscellaneous relief |
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Request |
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| 59 |
Filed: 3/14/2019, Entered: 3/14/2019 |
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PAPERLESS ORDER granting 57 Defendant's Motion for leave to conventionally file CCTV surveillance footage. Defendant is authorized to make such a filing, and the Clerk is directed to accept it.In addition, Defendant shall hand deliver to the Undersigned's chambers a courtesy copy of the CCTV video footage at issue in the summary judgment motion on the same day of the conventional filing with the Clerk. Signed by Magistrate Judge Jonathan Goodman on 3/14/2019. (JG) (Entered: 03/14/2019)
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Request |
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| 58 |
Filed: 3/13/2019, Entered: 3/13/2019 |
Miscellaneous Relief |
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Unopposed MOTION for Leave to Conventionally File Surveillance Footage in Support of Defendant's Motion for Summary Judgment by NCL (BAHAMAS), LTD.. (Attachments: # 1 Text of Proposed Order)(Fagenson, Rachael) (Entered: 03/13/2019)
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Request |
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| 57 |
Filed: 3/13/2019, Entered: 3/13/2019 |
Miscellaneous Relief |
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Unopposed MOTION for Leave to Conventionally File CCTV Video in Support of Defendant's Motion for Summary Judgment by NCL (BAHAMAS), LTD.. (Attachments: # 1 Text of Proposed Order)(Fagenson, Rachael) (Entered: 03/13/2019)
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Request |
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| 56 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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ENDORSED ORDER granting in part and denying in part the 55 joint motion for clarification. The motion is granted to the extent that this Order will provide the requested clarification. But the motion is denied because the clarification is contrary to the parties' wishes. Specifically, the parties are still required to mediate at least 45 days before the special set July 22, 2019 trial even though they previously mediated the case in June 2018. A lot can happen between June 2018 and June 2019, so the Court's trial scheduling order means what it says: a mediation (i.e., another mediation) is in fact required. Signed by Magistrate Judge Jonathan Goodman on 7/19/2018. (jdo) (Entered: 07/19/2018)
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Request |
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| 55 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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NOTICE of Compliance Joint Notice of Compliance with Court Order or, in the alternative, Joint Motion for Clarification of Court Order by NCL (BAHAMAS), LTD. re 54 Scheduling Order,, (Attachments: # 1 Text of Proposed Order) (Fagenson, Rachael) (Entered: 07/19/2018)
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Request |
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| 54 |
Filed: 7/5/2018, Entered: 7/5/2018 |
Scheduling Order |
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ORDER Specially Setting Civil Jury Trial and Pretrial Schedule and Requiring Mediation. Final Pretrial Conference set for 7/8/2019 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Jury Trial set for 7/22/2019 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved 5 days for this trial. Signed by Magistrate Judge Jonathan Goodman on 7/5/2018. See attached document for full details. (jdo) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 07/05/2018)
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Request |
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| 53 |
Filed: 7/2/2018, Entered: 7/2/2018 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Scheduling Conference held on 7/2/2018. Total time in court: 35 minutes. Attorney Appearance(s): James Charles Valenti, Fred H. Shepherd, III, Darren Wayne Friedman, Rachael Mitchell Fagenson, (Digital 15:31:02) (tb) (Entered: 07/02/2018)
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Request |
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| 52 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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ENDORSED ORDER setting Telephonic Scheduling Conference for 7/2/2018 at 03:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. No cellular telephone use is permitted. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 6/22/2018. (jdo) (Entered: 06/22/2018)
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Request |
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| 51 |
Filed: 6/22/2018, Entered: 6/22/2018 |
Order Referring Case to Magistrate Judge |
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ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for all further proceedings. Judge Cecilia M. Altonaga no longer assigned as presider judge in case. Signed by Judge Cecilia M. Altonaga on 6/22/2018. (ps1) (Entered: 06/22/2018)
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Request |
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| 50 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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FINAL MEDIATION REPORT by Norman S. Gerstein. Disposition: Case did not settle.(Fagenson, Rachael) (Entered: 06/22/2018)
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Request |
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| 49 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by NCL (BAHAMAS), LTD. (Fagenson, Rachael) (Entered: 06/22/2018)
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Request |
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| 48 |
Filed: 5/30/2018, Entered: 5/30/2018 |
Order scheduling Mediation. |
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ORDER Scheduling Mediation before Judge Norman S. Gerstein; Mediation Hearing set for 6/15/2018 10:00 AM. Signed by Judge Cecilia M. Altonaga on 5/29/2018. (ps1) (Entered: 05/30/2018)
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Request |
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| 47 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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NOTICE by NCL (BAHAMAS), LTD. Notice of Filing Proposed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order) (Fagenson, Rachael) (Entered: 05/29/2018)
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Request |
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| 46 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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NOTICE of Attorney Appearance by Jeffrey Eric Foreman on behalf of NCL (BAHAMAS), LTD.. Attorney Jeffrey Eric Foreman added to party NCL (BAHAMAS), LTD.(pty:dft). (Foreman, Jeffrey) (Entered: 05/25/2018)
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Request |
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| 45 |
Filed: 5/21/2018, Entered: 5/21/2018 |
order on motion for miscellaneous relief |
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ORDER granting in part 44 Motion to Reschedule Mediation and for Enlargement of Pretrial Deadlines. All Discovery due by 7/30/2018. Proposed order rescheduling mediation due by 6/1/2018. In Limine Motions due by 9/11/2018. All Pretrial Motions due by 8/14/2018. Pretrial Stipulation due by 9/11/2018. Calendar Call set for 10/23/2018 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Trial set for trial period beginning 10/29/2018 in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 5/18/2018. (ps1) (Entered: 05/21/2018)
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Request |
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| 44 |
Filed: 5/16/2018, Entered: 5/16/2018 |
Miscellaneous Relief |
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Joint MOTION to Reschedule Mediation re 25 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,,, MOTION for Extension of Time and for Enlargement of Pretrial Deadlines ( Responses due by 5/30/2018) by NCL (BAHAMAS), LTD.. (Attachments: # 1 Text of Proposed Order)(Fagenson, Rachael) (Entered: 05/16/2018)
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Request |
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| 43 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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Defendant's ANSWER and Affirmative Defenses to Amended Complaint by NCL (BAHAMAS), LTD.. (Fagenson, Rachael) (Entered: 04/25/2018)
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Request |
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| 42 |
Filed: 4/11/2018, Entered: 4/11/2018 |
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ORDER denying in part and granting in part 35 Motion to Dismiss. The Motion to Dismiss on Grounds of Forum Non Conveniens is DENIED. The Motion to Dismiss under Rule 12(b)(6) is DENIED as to Count I and GRANTED as to Count II. Count II of the Amended Complaint (ECF No. 34 ) is DISMISSED. Signed by Judge Cecilia M. Altonaga on 4/11/2018. (ps1) (Entered: 04/11/2018)
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Request |
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| 41 |
Filed: 3/19/2018, Entered: 3/19/2018 |
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RESPONSE in Support re 35 Defendant's MOTION to Dismiss with Prejudice 34 Amended Complaint Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Memorandum of Law in Support Defendant's Reply in Support of its Motion to Dismiss filed by NCL (BAHAMAS), LTD.. (Friedman, Darren) (Entered: 03/19/2018)
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Request |
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| 40 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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ORDER granting 38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 03/13/2018)
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Request |
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| 39 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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RESPONSE in Opposition re 35 Defendant's MOTION to Dismiss with Prejudice 34 Amended Complaint Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Memorandum of Law in Support filed by Gary Murray-Bell, Wendy Murray-Bell. Replies due by 3/19/2018. (Attachments: # 1 Affidavit of Gary Murray-Bell, # 2 Affidavit of Wendy Murray-Bell, # 3 Exhibit 1 to Affidavit of Wendy Murray-Bell, # 4 Exhibit 2 to Affidavit of Wendy Murray-Bell, # 5 Exhibit 3 to Affidavit of Wendy Murray-Bell, # 6 Exhibit 4 to Affidavit of Wendy Murray-Bell, # 7 Exhibit 5 to Affidavit of Wendy Murray-Bell, # 8 Exhibit 6 to Affidavit of Wendy Murray-Bell, # 9 Exhibit 7 to Affidavit of Wendy Murray-Bell, # 10 Exhibit 7A to Affidavit of Wendy Murray-Bell, # 11 Exhibit 7B to Affidavit of Wendy Murray-Bell, # 12 Exhibit 7C to Affidavit of Wendy Murray-Bell, # 13 Exhibit 7D to Affidavit of Wendy Murray-Bell, # 14 Exhibit 7E to Affidavit of Wendy Murray-Bell, # 15 Exhibit 7F to Affidavit of Wendy Murray-Bell, # 16 Exhibit 7G to Affidavit of Wendy Murray-Bell, # 17 Exhibit 7H to Affidavit of Wendy Murray-Bell, # 18 Exhibit 7I to Affidavit of Wendy Murray-Bell)(Valenti, James) (Entered: 03/12/2018)
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Request |
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| 38 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Earl Landers Vickery. Filing Fee $ 75.00 Receipt # 113C-10477167 by Gary Murray-Bell, Wendy Murray-Bell. Responses due by 3/26/2018 (Attachments: # 1 Certification of Earl Landers Vickery)(Valenti, James) (Entered: 03/12/2018)
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Request |
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| 37 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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ORDER granting 36 Motion to Stay Discovery. No discovery shall be taken until the Court rules on the Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 3/2/2018. (ps1) (Entered: 03/02/2018)
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Request |
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| 36 |
Filed: 3/1/2018, Entered: 3/1/2018 |
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Unopposed MOTION to Stay Defendant's Unopposed Motion to Stay Discovery Pending Resolution of Motion to Dismiss Plaintiff's First Amended Complaint by NCL (BAHAMAS), LTD.. Responses due by 3/15/2018 (Attachments: # 1 Text of Proposed Order Proposed Order)(Friedman, Darren) (Entered: 03/01/2018)
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Request |
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| 35 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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Defendant's MOTION to Dismiss with Prejudice 34 Amended Complaint Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Memorandum of Law in Support by NCL (BAHAMAS), LTD.. Responses due by 3/12/2018 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Friedman, Darren) (Entered: 02/26/2018)
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Request |
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| 34 |
Filed: 2/12/2018, Entered: 2/12/2018 |
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First AMENDED COMPLAINT against NCL (BAHAMAS), LTD., filed by Gary Murray-Bell, Wendy Murray-Bell.(Valenti, James) (Entered: 02/12/2018)
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Request |
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| 33 |
Filed: 2/12/2018, Entered: 2/12/2018 |
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NOTICE of Change of Address by James Charles Valenti (Valenti, James) (Entered: 02/12/2018)
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Request |
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| 32 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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ORDER denying 14 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 2/12/2018. Signed by Judge Cecilia M. Altonaga on 2/1/2018. (ps1) (Entered: 02/01/2018)
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Request |
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| 31 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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RESPONSE in Support re 14 Defendant's MOTION TO DISMISS 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Plaintiffs' Complaint Defendant's Reply and Memorandum in Support of Its Motion to Dismiss filed by NCL (BAHAMAS), LTD.. (Attachments: # 1 Exhibit Reservation History, # 2 Exhibit Agent Confirmation, # 3 Exhibit Guest Ticket Contract)(Friedman, Darren) (Entered: 01/12/2018)
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| 30 |
Filed: 1/12/2018, Entered: 1/12/2018 |
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NOTICE of Mediator Selection. Added Laura Bonn. (Niad Hannah, Cindy) (Entered: 01/12/2018)
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Request |
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| 29 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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ORDER Scheduling Mediation before Laura Bonn; Mediation Hearing set for 6/12/2018 10:00 AM. Signed by Judge Cecilia M. Altonaga on 1/9/2018. (ps1) (Entered: 01/09/2018)
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Request |
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| 28 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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NOTICE by NCL (BAHAMAS), LTD. Notice of Filing Proposed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order Proposed Order Scheduling Mediation) (Friedman, Darren) (Entered: 01/09/2018)
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Request |
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| 27 |
Filed: 1/5/2018, Entered: 1/5/2018 |
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RESPONSE in Opposition re 14 Defendant's MOTION TO DISMISS 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Plaintiffs' Complaint filed by Gary Murray-Bell, Wendy Murray-Bell. Replies due by 1/12/2018. (Attachments: # 1 Affidavit of Gary Murray-Bell, # 2 Affidavit of Wendy Murray-Bell, # 3 Exhibit 1 to Affidavit of Wendy Murray-Bell, # 4 Exhibit 2 to Affidavit of Wendy Murray-Bell, # 5 Exhibit 3 to Affidavit of Wendy Murray-Bell, # 6 Exhibit 4 to Affidavit of Wendy Murray-Bell, # 7 Exhibit 5 to Affidavit of Wendy Murray-Bell, # 8 Exhibit 6 to Affidavit of Wendy Murray-Bell, # 9 Exhibit 7 to Affidavit of Wendy Murray-Bell, # 10 Exhibit 7A to Affidavit of Wendy Murray-Bell, # 11 Exhibit 7B to Affidavit of Wendy Murray-Bell, # 12 Exhibit 7C to Affidavit of Wendy Murray-Bell, # 13 Exhibit 7D to Affidavit of Wendy Murray-Bell, # 14 Exhibit 7E to Affidavit of Wendy Murray-Bell, # 15 Exhibit 7F to Affidavit of Wendy Murray-Bell, # 16 Exhibit 7G to Affidavit of Wendy Murray-Bell, # 17 Exhibit 7H to Affidavit of Wendy Murray-Bell, # 18 Exhibit 7I to to Affidavit of Wendy Murray-Bell)(Valenti, James) (Entered: 01/05/2018)
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Request |
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| 26 |
Filed: 12/20/2017, Entered: 12/20/2017 |
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*ORDER ON MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES. Signed by Magistrate Judge Jonathan Goodman on 12/20/2017. (mso) (Entered: 12/20/2017)
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Request |
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| 25 |
Filed: 12/19/2017, Entered: 12/20/2017 |
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SCHEDULING ORDER: ( Jury Trial set for 10/15/2018 before Judge Cecilia M. Altonaga., Calendar Call set for 10/9/2018 09:00 AM before Judge Cecilia M. Altonaga., Amended Pleadings due by 1/30/2018., Discovery due by 6/18/2018., Expert Discovery due by 6/18/2018., Joinder of Parties due by 1/30/2018., Mediation Deadline 6/25/2018., In Limine Motions due by 7/31/2018., Motions due by 7/3/2018., Pretrial Stipulation due by 7/31/2018.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/25/2018.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 12/19/18. (rms1) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/20/2017)
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| 24 |
Filed: 12/19/2017, Entered: 12/19/2017 |
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ORDER granting 22 Unopposed Motion for Extension of Time to File Response/Reply to 14 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 1/5/2018. Replies due by 1/12/2018. Signed by Judge Cecilia M. Altonaga on 12/18/2017. (wc) (Entered: 12/19/2017)
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Request |
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| 23 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Gary Murray-Bell, Wendy Murray-Bell (Valenti, James) (Entered: 12/18/2017)
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Request |
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| 22 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 14 Defendant's MOTION TO DISMISS 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Plaintiffs' Complaint by Gary Murray-Bell, Wendy Murray-Bell. Attorney James Charles Valenti added to party Gary Murray-Bell(pty:pla), Attorney James Charles Valenti added to party Wendy Murray-Bell(pty:pla). (Attachments: # 1 Text of Proposed Order)(Valenti, James) (Entered: 12/18/2017)
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Request |
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| 21 |
Filed: 12/18/2017, Entered: 12/18/2017 |
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Joint SCHEDULING REPORT - Rule 16.1 by NCL (BAHAMAS), LTD. (Attachments: # 1 Exhibit Proposed Order on Scheduling Report)(Friedman, Darren) (Entered: 12/18/2017)
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Request |
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| 20 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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ORDER granting 19 Motion to Withdraw as Attorney. Attorney Jonathan Barnet Trohn terminated ; granting 19 Motion for Substitution of Counsel. Attorney James C. Valenti added. Signed by Judge Cecilia M. Altonaga on 12/15/2017. (rms1) (Entered: 12/15/2017)
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Request |
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| 19 |
Filed: 12/15/2017, Entered: 12/15/2017 |
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Amended MOTION to Withdraw as Attorney by Jonathan Trohn., STIPULATED MOTION for Substitution of Counsel. Substituting James C. Valenti for Jonathan Trohn ( Responses due by 12/29/2017) by Gary Murray-Bell, Wendy Murray-Bell. (Attachments: # 1 Text of Proposed Order)(Trohn, Jonathan) (Entered: 12/15/2017)
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Request |
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| 18 |
Filed: 12/14/2017, Entered: 12/14/2017 |
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ORDER denying 15 Motion to Withdraw as Attorney; denying 15 Motion for Substitution of Counsel due to the failure to supply a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 12/14/2017)
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Request |
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| 17 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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NOTICE by NCL (BAHAMAS), LTD. re 14 Defendant's MOTION TO DISMISS 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Plaintiffs' Complaint Notice of Filing Supplemental Exhibits i Support of Defendant's Motion to Dismiss (Attachments: # 1 Exhibit Cruise Brochure, # 2 Exhibit Booking Conditions, # 3 Exhibit Cruise Documents, # 4 Exhibit Cruise Itinerary) (Friedman, Darren) (Entered: 12/13/2017)
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Request |
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| 16 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement by NCL (BAHAMAS), LTD. identifying Corporate Parent Arrasas Limited, Corporate Parent NCLC, Corporate Parent Star NCLC Holdings Ltd., Corporate Parent TPG Viking AIV III, L.P., Corporate Parent NCL Corporation Ltd., Corporate Parent Norwegian Cruise Line Holdings Ltd., Corporate Parent AIF VI NCL (AIV), L.P., Corporate Parent AIF VI NCL (AIV II), L.P., Corporate Parent AIF VI NCL (AIV IV), L.P., Corporate Parent Apollo Overseas Partners (Delaware) VI, L.P., Corporate Parent Apollo Overseas Partners (Delaware 892) VI, L.P., Corporate Parent Apollo Overseas Partners VI, L.P., Corporate Parent Apollo Overseas Partners (Germany) VI, L.P., Corporate Parent AAA Guarantor - Co-Invest VII, L.P., Corporate Parent AIF VI Euro Holdings, L.P., Corporate Parent AIF VII Euro Holdings, L.P., Corporate Parent Apollo Alternative Assets, L.P., Corporate Parent Apollo Management VI, L.P., Corporate Parent Apollo Management VII, L.P., Corporate Parent TPG Viking, L.P., Corporate Parent TPG Viking AIV I, L.P., Corporate Parent TPG Viking AIV II, L.P., Corporate Parent Genting HK, Corporate Parent AIF VI NCL (AIV III), L.P., Corporate Parent TPG Viking Funds, Corporate Parent Apollo Funds, Corporate Parent NCL International, Ltd, Corporate Parent NCLH, Corporate Parent NCL Athene LLC, L.P. for NCL (BAHAMAS), LTD. (Friedman, Darren) (Entered: 12/13/2017)
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Request |
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| 15 |
Filed: 12/13/2017, Entered: 12/13/2017 |
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MOTION to Withdraw as Attorney by Jonathan Trohn., STIPULATED MOTION for Substitution of Counsel. Substituting James C. Valenti for Jonathan Trohn ( Responses due by 12/27/2017) by Gary Murray-Bell, Wendy Murray-Bell. (Trohn, Jonathan) (Entered: 12/13/2017)
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Request |
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| 14 |
Filed: 12/12/2017, Entered: 12/12/2017 |
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Defendant's MOTION TO DISMISS 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Plaintiffs' Complaint by NCL (BAHAMAS), LTD.. Attorney Rachael Mitchell Fagenson added to party NCL (BAHAMAS), LTD.(pty:dft). Responses due by 12/27/2017 (Fagenson, Rachael) (Entered: 12/12/2017)
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Request |
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| 13 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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Order Requiring Joint Scheduling Report and certificates of interested parties by 12/18/2017. Signed by Judge Cecilia M. Altonaga on 12/4/2017. (ps1) (Entered: 12/05/2017)
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Request |
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| 12 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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ORDER granting in part 11 Motion for Extension of Time to File a response to a Complaint or Other Case Initiating Document; NCL (BAHAMAS), LTD.. Answer due 12/12/2017. Re: 1 Complaint filed by Gary Murray-Bell, Wendy Murray-Bell. Signed by Judge Cecilia M. Altonaga on 12/4/2017. (ps1) (Entered: 12/05/2017)
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Request |
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| 11 |
Filed: 12/1/2017, Entered: 12/1/2017 |
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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint by NCL (BAHAMAS), LTD.. Attorney Darren Wayne Friedman added to party NCL (BAHAMAS), LTD.(pty:dft). (Attachments: # 1 Text of Proposed Order)(Friedman, Darren) (Entered: 12/01/2017)
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Request |
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| 10 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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ORDER requiring service to be perfected by 2/1/2018. Signed by Judge Cecilia M. Altonaga on 11/28/2017. (ps1) (Entered: 11/29/2017)
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Request |
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| 9 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ORDER granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 11/10/2017)
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Request |
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| 8 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 11/10/2017)
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Request |
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| 7 |
Filed: 11/10/2017, Entered: 11/10/2017 |
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ORDER granting 4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA) (Entered: 11/10/2017)
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Request |
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| 6 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph H. Low, IV. Filing Fee $ 75.00 Receipt # 113C-10175704 by Gary Murray-Bell, Wendy Murray-Bell. Responses due by 11/22/2017 (Attachments: # 1 Certification)(Trohn, Jonathan) (Entered: 11/08/2017)
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Request |
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| 5 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian B. Winegar. Filing Fee $ 75.00 Receipt # 113C-10175659 by Gary Murray-Bell, Wendy Murray-Bell. Responses due by 11/22/2017 (Attachments: # 1 Certification)(Trohn, Jonathan) (Entered: 11/08/2017)
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Request |
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| 4 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Fred H. Shepherd, III. Filing Fee $ 75.00 Receipt # 113C-10175318 by Gary Murray-Bell, Wendy Murray-Bell. Responses due by 11/22/2017 (Attachments: # 1 Certification)(Trohn, Jonathan) (Entered: 11/08/2017)
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Request |
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| 3 |
Filed: 11/6/2017, Entered: 11/6/2017 |
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Summons Issued as to NCL (BAHAMAS), LTD.. (lan) (Entered: 11/06/2017)
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Request |
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| 2 |
Filed: 11/3/2017, Entered: 11/6/2017 |
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Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (lan) (Entered: 11/06/2017)
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| 1 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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COMPLAINT and Demand for Jury Trial against NCL (BAHAMAS), LTD.. Filing fees $ 400.00 receipt number 113C-10164360, filed by Gary Murray-Bell, Wendy Murray-Bell. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Trohn, Jonathan) (Entered: 11/03/2017)
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