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 96 |
Filed: 7/28/2018, Entered: None |
In Limine |
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 Request |
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| 84 |
Filed: 5/12/2018, Entered: None |
Strike |
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Request |
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| 232 |
Filed: 5/4/2021, Entered: 5/4/2021 |
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PAPERLESS ORDER Closing Case. Pursuant to the parties' 231 Joint Stipulation for Dismissal with Prejudice, this action is dismissed with prejudice with each party to bear its own fees and costs. The Clerk is directed to close this case and deny all pending motions as moot. Signed by Magistrate Judge Jonathan Goodman on 5/4/2021. (km03)
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| 231 |
Filed: 4/28/2021, Entered: 4/28/2021 |
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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by 71CA804 (Hayashi, Matthias) Modified text on 4/28/2021 (ebz).
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Request |
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| 230 |
Filed: 3/15/2021, Entered: 3/15/2021 |
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Unopposed MOTION for Extension of Time to File Joint Stipulation of Dismissal re 229 Order,, Terminate Hearings, by 71CA804. Responses due by 3/29/2021 (Attachments: # 1 Text of Proposed Order)(Hayashi, Matthias)
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Request |
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| 229 |
Filed: 3/1/2021, Entered: 3/1/2021 |
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PAPERLESS ORDER canceling the Final Pretrial Conference set for 3/3/2021 and the special set Zoom Bench Trial set for 3/8/2021-3/12/2021 in light of the parties' settlement. The parties shall file a proposed stipulated dismissal by March 15, 2021. Signed by Magistrate Judge Jonathan Goodman on 3/1/2021. (km03)
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| 228 |
Filed: 2/26/2021, Entered: 2/26/2021 |
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PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Lauren Fleischer Louis: Continued Settlement Conference held on 2/26/2021. Case settled in full. Material terms read into the record. Total time in court: 3 hour(s) : 28 minutes. (Digital Zoom LFL 01.2.26.21) (sl)
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| 227 |
Filed: 2/24/2021, Entered: 2/24/2021 |
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PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 2/24/2021. Matter adjourned. A further settlement conference shall take place on 2/26/2021 at 9:00 A.M. via Zoom before Magistrate Judge Lauren Fleischer Louis. Zoom instructions are as follows: Meeting ID: 160 038 4963; Passcode: 265077. Counsel and parties are instructed to log in at least 15 minutes prior to the start time to confirm connectivity. Total time in court: 5 hour(s) : 07 minutes. (sl)
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| 226 |
Filed: 2/23/2021, Entered: 2/23/2021 |
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PAPERLESS ORDER setting Zoom Final Pretrial Conference set for 3/3/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1615098513?pwd=dWF0NVYzL3FtZEFpQTd6R2xKSmtnQT09. Meeting ID: 161 509 8513. Passcode: 363800.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 2/23/2021. (fbn)
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| 225 |
Filed: 2/23/2021, Entered: 2/23/2021 |
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PAPERLESS ORDER resetting Final Pretrial Conference for 3/3/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. **TIME CHANGE ONLY** The Final Pretrial Conference will be held via Zoom video conference. The specific link and instructions will be provided in a subsequent paperless order. The Undersigned will handle objections to exhibits at the Final Pretrial Conference. By March 1, 2021, the parties shall file on CM/ECF a list of the exhibits being objected to and the nature of the objection. Additionally, during the Final Pretrial Conference, the Undersigned will rule on 187 Plaintiff's Motion to Strike Opinions of Bryan Emond and the parties' 188 joint summary of in limine motions. There are 11 in limine motions (8 for Plaintiff and 3 for Defendant). Signed by Magistrate Judge Jonathan Goodman on 2/23/2021. (km03)
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| 224 |
Filed: 2/22/2021, Entered: 2/22/2021 |
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PAPERLESS ORDER: This cause is before the Court upon referral from the Honorable Jonathan Goodman for mediation [ECF No. 221]. A Settlement Conference has been set for Wednesday, February 24, 2021 at 10:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions are as follows: Meeting ID: 161 909 7224; Passcode: 434930. Counsel and parties are instructed to log in at least 15 minutes prior to the start time to confirm connectivity. Signed by Magistrate Judge Lauren Fleischer Louis on 2/22/2021. (aw)
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| 223 |
Filed: 2/19/2021, Entered: 2/19/2021 |
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PAPERLESS ORDER regarding upcoming Zoom bench trial.Due to his surgical schedule, Dr. Jonathan Gottlieb may provide trial testimony at the upcoming Zoom trial on Wednesday, March 10, 2021, at 5:00 p.m. If Plaintiff is still in the midst of her case in chief, then the Court will take Dr. Gottlieb out of turn. Signed by Magistrate Judge Jonathan Goodman on 2/19/2021. (JG)
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| 222 |
Filed: 2/19/2021, Entered: 2/19/2021 |
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NOTICE by Carnival Corporation re 218 Order Concerning Rescission of Invoice (Seitz, William)
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Request |
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| 221 |
Filed: 2/19/2021, Entered: 2/19/2021 |
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PAPERLESS ORDER regarding mediation.United States Magistrate Judge Lauren Louis has graciously agreed to mediate this case on or before March 1, 2021.The parties shall contact Judge Louis' chambers as soon as practicable (and, hopefully, by today) to schedule the mediation. Signed by Magistrate Judge Jonathan Goodman on 2/19/2021. (JG)
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| 220 |
Filed: 2/19/2021, Entered: 2/19/2021 |
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NOTICE of Compliance by Carnival Corporation re 218 Order (Keane, Garrett)
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Request |
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| 219 |
Filed: 2/19/2021, Entered: 2/19/2021 |
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NOTICE by 71CA804 re 217 Discovery Hearing, (Hayashi, Matthias)
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Request |
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| 218 |
Filed: 2/18/2021, Entered: 2/18/2021 |
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POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/18/2021. See attached document for full details. (jzn)
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Request |
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| 217 |
Filed: 2/18/2021, Entered: 2/18/2021 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 2/18/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Garrett Peter Keane, William Robert Seitz, Matthias Masayasu Hayashi, Other appearances: 71CA804. (Digital JG_01_02-18-2021) (fbn)
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| 216 |
Filed: 2/18/2021, Entered: 2/18/2021 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/18/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
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Request |
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| 215 |
Filed: 2/17/2021, Entered: 2/17/2021 |
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PAPERLESS ORDER regarding 214 Telephonic Discovery Hearing set for 2/18/21 at 2:30 PM. Attendance may be made by following the call-in procedures: (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. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 2/17/2021. (jzn)
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| 214 |
Filed: 2/12/2021, Entered: 2/12/2021 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/18/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Keane, Garrett)
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Request |
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| 213 |
Filed: 1/25/2021, Entered: 1/25/2021 |
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Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/25/2021. See attached document for full details. (km03)
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Request |
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| 212 |
Filed: 1/22/2021, Entered: 1/22/2021 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 1/22/2021. Post-Hearing Administrative Order to follow. Total time in court: 20 minutes. Attorney Appearance(s): Garrett Peter Keane, Matthias Masayasu Hayashi, (Digital JG_01_01-22-2021) (fbn)
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| 211 |
Filed: 1/21/2021, Entered: 1/21/2021 |
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PAPERLESS ORDER regarding Telephonic Discovery Hearing set for 1/22/21 at 3:30 PM. Attendance may be made by following the call-in procedures: (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. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 1/21/2021. (km03)
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| 210 |
Filed: 1/13/2021, Entered: 1/13/2021 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/22/2021 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Keane, Garrett)
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Request |
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| 209 |
Filed: 1/8/2021, Entered: 1/8/2021 |
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PAPERLESS ORDER granting 208 Joint Motion for Extension of Time to Disclose Expert and Produce Their Reports. By January 18, 2021, Defendant's retained expert must produce a report to Plaintiff. By February 11, 2021, Plaintiff must disclose her rebuttal expert if she chooses to retain one. By February 22, 2021, Plaintiff's rebuttal expert must produce a report to Defendant. The enlargement will not impact any other existing deadline, including the March 1, 2021 deadline for taking depositions of expert witnesses. Signed by Magistrate Judge Jonathan Goodman on 1/8/2021. (km03)
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| 208 |
Filed: 1/8/2021, Entered: 1/8/2021 |
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Joint MOTION for Extension of Time to Disclose Expert and Produce their Reports by Carnival Corporation. Responses due by 1/22/2021 (Keane, Garrett)
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Request |
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| 207 |
Filed: 12/18/2020, Entered: 12/18/2020 |
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PAPERLESS ORDER striking 206 Defendant's Motion for Leave to Take an Updated Deposition of Plaintiff and CME due to Defendant's failure to comply with the Undersigned's Discovery Procedures Order, ECF No. 203, pp. 10-20. Signed by Magistrate Judge Jonathan Goodman on 12/18/2020. (km03)
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| 206 |
Filed: 12/14/2020, Entered: 12/14/2020 |
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STRICKEN Defendant's MOTION for Leave to File (Defendant's Motion for Leave to take an Updated Deposition and Compulsory Medical Examination of Plaintiff) by Carnival Corporation. (Keane, Garrett) Modified on 12/21/2020 per DE 207 Order (kpe).
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Request |
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| 205 |
Filed: 12/8/2020, Entered: 12/8/2020 |
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PAPERLESS ORDER setting a Zoom Bench Trial set for 3/8/2021, 3/9/2021, 3/10/2021, 3/11/2021, and 3/12/2021 at 9:30AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1600212575?pwd=SCtka0JWQ3hlN01TV0gyN28rRG9uQT09. Meeting ID: 160 021 2575. Passcode: 156345. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 12/8/2020. (fbn)
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| 204 |
Filed: 12/8/2020, Entered: 12/8/2020 |
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PAPERLESS ORDER granting 200 Defendant's Motion for Extension of Time to Disclose Experts and to Produce Their Reports. By December 17, 2020, Defendant shall disclose the identity of its new expert. Defendant will then have until January 8, 2021 to disclose the expert's report. If Plaintiff wants to obtain a rebuttal expert on the same topic, then Plaintiff's disclosure shall be made by January 25, 2021, and the expert's report will be due February 22, 2021. The parties will have the ability to take other expert wtiness depositions through March 1, 2021. Signed by Magistrate Judge Jonathan Goodman on 12/8/2020. (km03)
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| 203 |
Filed: 12/8/2020, Entered: 12/8/2020 |
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SCHEDULING ORDER. Bench Trial set for 3/8/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved five days for the trial. Final Pretrial Conference set for 3/3/2021 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Specific Zoom link and instructions will follow by separate paperless order. Signed by Magistrate Judge Jonathan Goodman on 12/8/2020. See attached document for full details. (km03)
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Request |
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| 202 |
Filed: 12/7/2020, Entered: 12/7/2020 |
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Defendant's Amended ANSWER and Affirmative Defenses to Amended Complaint by Carnival Corporation. (Keane, Garrett)
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Request |
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| 201 |
Filed: 12/7/2020, Entered: 12/7/2020 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Scheduling Conference held on 12/7/2020. A Special Set Trial date of March 8, 2021. A Scheduling Order with the remaining deadlines to follow. Total time in court: 30 minutes. Attorney Appearance(s): Garrett Peter Keane, William Robert Seitz, Matthias Masayasu Hayashi, (Digital JG_01_12-07-2020) (fbn)
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| 200 |
Filed: 12/7/2020, Entered: 12/7/2020 |
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Defendant's MOTION for Extension of Time to Disclose Experts and to Produce Their Reports re 194 Order on Motion for Leave to File,,,,,, by Carnival Corporation. Responses due by 12/21/2020 (Keane, Garrett)
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Request |
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| 199 |
Filed: 11/30/2020, Entered: 11/30/2020 |
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REPLY to Response to Motion re 187 Plaintiff's MOTION to Strike Opinions of Defendant's Expert, Bryan Emond filed by 71CA804. (Hayashi, Matthias)
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Request |
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| 198 |
Filed: 11/25/2020, Entered: 11/25/2020 |
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PAPERLESS ORDER resetting Telephonic Scheduling Conference for 12/7/2020 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The same instructions provided in ECF No. 195 apply. Signed by Magistrate Judge Jonathan Goodman on 11/25/2020. (km03)
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| 197 |
Filed: 11/25/2020, Entered: 11/25/2020 |
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PAPERLESS ORDER granting 196 Motion to Continue. The Court grant Defendant's unopposed motion to reschedule the status conference telephone hearing. The hearing will be on December 7, 2020 at 2:00. A separate scheduling order will be issued. Signed by Magistrate Judge Jonathan Goodman on 11/25/2020. (JG)
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| 196 |
Filed: 11/25/2020, Entered: 11/25/2020 |
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Unopposed MOTION to Continue Status Conference re 195 Order on Motion for Miscellaneous Relief,,,,,,,, by Carnival Corporation. Responses due by 12/9/2020 (Seitz, William)
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Request |
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| 195 |
Filed: 11/23/2020, Entered: 11/23/2020 |
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PAPERLESS ORDER granting 177 Plaintiff's Motion to Set Trial Date. Telephonic Scheduling Conference set for 12/2/2020 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All counsel shall have their calendars available so that the Court can pinpoint a new special set trial date workable to all counsel and the Court. The parties are advised that they will be able to obtain a special set Zoom bench trial earlier (and perhaps significantly earlier) than an in-court jury trial. The parties should discuss this possibility with their clients before the hearing. The parties should advise the Undersigned of their positions only if they both want a special set Zoom trial. The parties should not tell me of their respective positions unless it is mutual consent. For example, I do not want a party to advise me: "Judge, we were fine with having you as the presiding judge in a bench trial but the other side refused."Attendance may be made by following the call-in procedures: (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. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 11/23/2020. (km03)
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| 194 |
Filed: 11/21/2020, Entered: 11/21/2020 |
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PAPERLESS ORDER granting 181 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 may file an amended answer in order to amend its seventh affirmative defense about Plaintiff's medical bills and costs. It may also obtain an expert witness to opine on issues concerning the reasonable amount of payment for medical bills and expenses.If Defendant follows through, then it must by November 30, 2020 separately file, as a new submission on CM/ECF, the amended answer.If Defendant uses the opportunity to obtain an expert witness, then it must disclose the identify of the new expert by December 7, 2020 and must produce the new expert's report by December 30, 2020.However, if Defendant obtains a new expert concerning the reasonableness of Plaintiff's medical bills and expenses, then Plaintiff may obtain a rebuttal expert on the same topic. If Plaintiff pursues this opportunity, then the disclosure must be made by January 14, 2021 and the report must be produced by February 12, 2021.If the Parties wish to take depositions of the opponent's new expert witness, then those depositions must be completed by March 15, 2021.One final point:The case was only recently referred to me on full consent, so there is not yet a trial date. Thus, the delay generated by the new and narrow expert witness involvement on the sole topic of the reasonableness of medical bills and expenses should not unduly prejudice or inconvenience the parties or the Court. Signed by Magistrate Judge Jonathan Goodman on 11/21/2020. (JG)
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| 193 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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RESPONSE in Opposition re 84 Plaintiff's MOTION to Strike UNRELIABLE AND UNHELPFUL OPINIONS OF DEFENDANTS EXPERT, BRYAN EMOND filed by Carnival Corporation. Replies due by 11/30/2020. (Keane, Garrett)
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Request |
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| 192 |
Filed: 11/20/2020, Entered: 11/20/2020 |
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REPLY to Response to Motion re 181 Defendant's MOTION for Leave to File Amended Affirmative Defense No. 7 and Retain Expert filed by Carnival Corporation. (Keane, Garrett)
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Request |
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| 191 |
Filed: 11/16/2020, Entered: 11/16/2020 |
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ORDER Referring Case to Magistrate Judge. Judge Marcia G. Cooke no longer assigned as presider judge in case. Signed by Judge Marcia G. Cooke on 11/16/2020. See attached document for full details. (kpe)
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Request |
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| 190 |
Filed: 11/16/2020, Entered: 11/16/2020 |
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Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by 71CA804 (Hayashi, Matthias)
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Request |
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| 189 |
Filed: 11/16/2020, Entered: 11/16/2020 |
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ENDORSED ORDER terminating 183 Motion. The Court realizes that the instructions about which motions needed to be refiled were ambiguous. There is no need to resubmit the 181 Motion. Since Plaintiff has responded in Opposition to the 181 Motion, Defendant may file its Reply by the applicable deadline. Signed by Judge Marcia G. Cooke on 11/16/2020. (bai)
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| 184 |
Filed: 11/13/2020, Entered: 11/13/2020 |
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PAPERLESS ORDER granting 180 Michelle Elizabeth Hardin's Motion to Withdraw as counsel for Plaintiff. Signed by Magistrate Judge Jonathan Goodman on 11/13/2020. (km03)
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| 182 |
Filed: 11/10/2020, Entered: 11/13/2020 |
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PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Status Conference held on 11/10/2020. Total time in court: 30 minutes. Attorney Appearances: William Robert Seitz, Spencer Marc Aronfeld. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (im)
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Filed: 10/29/2020, Entered: 10/29/2020 |
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Set Hearings per DE 179 Order. Status Conference set for 11/10/2020 02:30 PM before Judge Marcia G. Cooke. (kpe)
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| 179 |
Filed: 10/29/2020, Entered: 10/29/2020 |
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ENDORSED ORDER Scheduling Status Conference. Status conference is set for November 10, 2020 at 2:30 p.m. via Zoom. The Parties will be provided a link before the conference. The Parties should be prepared to discuss: outstanding motions/issues not yet addressed by the Court; the Parties' position on a bench trial within the next few months; and any other outstanding issues that require the Court's attention or intervention. Signed by Judge Marcia G. Cooke on 10/29/2020. (bai)
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| 178 |
Filed: 10/29/2020, Entered: 10/29/2020 |
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ENDORSED ORDER denying 163 Motion to Stay. Signed by Judge Marcia G. Cooke on 10/29/2020. (bai)
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Filed: 8/24/2020, Entered: 8/24/2020 |
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Attorney Adam Cory Finkel representing Carnival Corporation (Defendant) terminated per DE 176 Notice. (kpe)
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| 176 |
Filed: 8/24/2020, Entered: 8/24/2020 |
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NOTICE by Carnival Corporation of Withdraw (Finkel, Adam)
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Request |
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| 175 |
Filed: 8/24/2020, Entered: 8/24/2020 |
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NOTICE of Change of Address by Adam Cory Finkel (Finkel, Adam)
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Request |
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| 174 |
Filed: 7/20/2020, Entered: 7/20/2020 |
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Clerks Notice to Filer re 173 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (kpe)
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| 173 |
Filed: 7/17/2020, Entered: 7/17/2020 |
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JOINT MOTION for Status Conference by Carnival Corporation re: Joint Motion for Status Conference (Keane, Garrett) Modified to convert document to a motion on 7/20/2020 (kpe).
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Request |
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| 172 |
Filed: 7/14/2020, Entered: 7/14/2020 |
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NOTICE by 71CA804 re 166 Notice (Other) of Withdraw of Trial Conflict Notice (Hayashi, Matthias)
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Request |
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Filed: 6/16/2020, Entered: 6/16/2020 |
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Attorney Thomas Dennis Alan Briggs terminated per DE 170 Notice. (kpe)
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| 171 |
Filed: 6/16/2020, Entered: 6/16/2020 |
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NOTICE of Change of Address by Thomas Dennis Alan Briggs (Briggs, Thomas)
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Request |
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| 170 |
Filed: 6/16/2020, Entered: 6/16/2020 |
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NOTICE by Carnival Corporation NOTICE OF WITHDRAWAL OF ATTORNEY THOMAS BRIGGS (Briggs, Thomas)
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Request |
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| 169 |
Filed: 5/22/2020, Entered: 5/22/2020 |
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CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Raul Gabriel Delgado, II re 168 Notice of Change of Address. After filing a Notice of Change of Address, Attorney Raul Gabriel Delgado, II is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (pt)
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| 168 |
Filed: 5/22/2020, Entered: 5/22/2020 |
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NOTICE of Change of Address by Raul Gabriel Delgado, II (Delgado, Raul)
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Request |
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| 167 |
Filed: 5/14/2020, Entered: 5/14/2020 |
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NOTICE of Attorney Appearance by William Robert Seitz on behalf of Carnival Corporation. Attorney William Robert Seitz added to party Carnival Corporation(pty:dft). (Seitz, William)
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Request |
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| 166 |
Filed: 4/13/2020, Entered: 4/13/2020 |
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NOTICE by 71CA804 of Trial Conflict (Hayashi, Matthias)
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Request |
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| 165 |
Filed: 4/2/2020, Entered: 4/2/2020 |
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RESPONSE in Opposition re 163 Defendant's MOTION to Stay filed by 71CA804. Replies due by 4/9/2020. (Hayashi, Matthias)
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Request |
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| 164 |
Filed: 4/1/2020, Entered: 4/1/2020 |
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AMENDED ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. This case is set for trial on the Court's two-week trial period commencing Monday, August 31, 2020, at 9:30 a.m. Calendar Call will be held on Wednesday, August 26 2020, at 3:00 p.m. Signed by Judge Marcia G. Cooke on 4/1/2020. (bai)
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| 162 |
Filed: 1/13/2020, Entered: 1/13/2020 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 1/13/2020. Did not settle. Total time in court: 5 hour(s) : 15 minutes. Attorney Appearance(s): Garrett Peter Keane, Spencer Marc Aronfeld, Matthias Masayasu Hayashi. Scott Mebane. Other appearances: Rolando Diaz, Litigation Adjuster. (Digital 09:31:23) (tb)
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| 161 |
Filed: 12/16/2019, Entered: 12/16/2019 |
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PAPERLESS ORDER granting 158 Unopposed Motion for Leave for Plaintiff to Appear at Settlement Conference by Video Conference. Due to Plaintiff's health and financial constraints, the Undersigned will permit Plaintiff to appear at the Settlement Conference scheduled for 1/13/2020 via Skype Video Conference. Plaintiff's counsel will be responsible for ensuring that his laptop is fully enabled to conduct the video conference, that he has adequate battery life on the laptop, and that there is a glitch-free connection. Signed by Magistrate Judge Jonathan Goodman on 12/16/2019. (km03)
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| 160 |
Filed: 12/16/2019, Entered: 12/16/2019 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephone Conference held on 12/16/2019. Total time in court: 18 minutes. Attorney Appearance(s): Garrett Peter Keane, Matthias Masayasu Hayashi. (Digital 16:37:02) (tb)
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| 159 |
Filed: 12/13/2019, Entered: 12/13/2019 |
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PAPERLESS ORDER setting Telephonic Hearing on 158 Plaintiff's Motion to Appear Telephonically Or By Video at Settlement Conference for 12/16/2019 at 04:30 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. Signed by Magistrate Judge Jonathan Goodman on 12/13/2019. (km03)
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| 156 |
Filed: 12/4/2019, Entered: 12/4/2019 |
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ENDORSED ORDER Requiring Settlement Conference. In light of the Court's Orders denying summary judgment (ECF No. 146 ) and resetting the trial date (ECF No. 155), and the fact that the mediation conference in this matter took place almost two years ago (ECF No. 25 ), the Court finds that the Parties may benefit from a renewed opportunity to resolve this matter by settlement. Accordingly, it is hereby ORDERED that no later than December 9, 2019, the Parties shall contact the Chambers of Magistrate Judge Jonathan Goodman in order to schedule a settlement conference. Signed by Judge Marcia G. Cooke on 12/4/2019. (smz)
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| 155 |
Filed: 12/2/2019, Entered: 12/2/2019 |
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ENDORSED ORDER RESETTING CIVIL TRIAL DATE. This matter is before the Court sua sponte. It is hereby ORDERED that the trial in this matter is rescheduled to the two-week period commencing April 13, 2020, at 9:30 a.m., and Calendar Call is rescheduled to April 8, 2020, at 3:00 p.m. All other pending deadlines and requirements remain in effect. Signed by Judge Marcia G. Cooke on 12/2/2019. (smz)
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| 154 |
Filed: 11/23/2019, Entered: 11/23/2019 |
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NOTICE by 71CA804 of Filing Objections and Counter-Designations to Defendant's Deposition Designations (Hayashi, Matthias)
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Request |
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| 153 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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NOTICE by 71CA804 of Filing Plaintiff's Trial Witness List for Jurors (Attachments: # 1 Exhibit PLAINTIFFS TRIAL WITNESS LIST FOR JURORS) (Hayashi, Matthias)
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Request |
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| 152 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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Witness List Amended Trial Witness List by Carnival Corporation.. (Attachments: # 1 Supplement)(Keane, Garrett)
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Request |
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| 151 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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NOTICE by Carnival Corporation of Filing Objections and Counter-Designations to Plaintiff's Designations (Keane, Garrett)
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Request |
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| 150 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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Proposed Voir Dire Questions by 71CA804. (Hayashi, Matthias)
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Request |
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| 149 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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Proposed Jury Instructions by 71CA804. (Attachments: # 1 Exhibit Joint Proposed Proposed Verdict Form)(Hayashi, Matthias)
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Request |
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| 148 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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Witness List by Carnival Corporation.. (Attachments: # 1 Supplement Trial Witness List for Jurors)(Keane, Garrett)
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Request |
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| 147 |
Filed: 11/22/2019, Entered: 11/22/2019 |
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Proposed Voir Dire Questions by Carnival Corporation. (Keane, Garrett)
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Request |
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| 145 |
Filed: 11/14/2019, Entered: 11/14/2019 |
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NOTICE of Attorney Appearance by Garrett Peter Keane on behalf of Carnival Corporation. Attorney Garrett Peter Keane added to party Carnival Corporation(pty:dft). (Keane, Garrett)
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Request |
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| 144 |
Filed: 10/30/2019, Entered: 10/30/2019 |
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NOTICE of Compliance with DE 136 by filing Plaintiff's Supplemental Brief on her Motion for Partial Summary Judgment by 71CA804 re 136 Order to Show Cause,,,,,,,,,,, (Attachments: # 1 Exhibit Deposition Transcript of Putu Heri Santosa) (Hayashi, Matthias)
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Request |
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| 143 |
Filed: 10/30/2019, Entered: 10/30/2019 |
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NOTICE of Attorney Appearance by Adam Cory Finkel on behalf of Carnival Corporation. Attorney Adam Cory Finkel added to party Carnival Corporation(pty:dft). (Finkel, Adam)
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Request |
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| 142 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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NOTICE of Compliance with DE 136 by filing Defendant's Supplemental Brief on Plaintiff's Motion for Partial Summary Judgment by Carnival Corporation re 136 Order to Show Cause,,,,,,,,,,, 85 Response in Opposition to Motion filed by Carnival Corporation (Briggs, Thomas)
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Request |
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| 141 |
Filed: 10/16/2019, Entered: 10/16/2019 |
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ENDORSED ORDER Granting 140 Motion for Extension of Time. The final proposed jury instructions, verdict form, trial witness list and all other documents previously due October 21, 2019, see ECF No. 135, must be filed no later than November 22, 2019. Signed by Judge Marcia G. Cooke on 10/16/2019. (smz)
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| 139 |
Filed: 10/11/2019, Entered: 10/11/2019 |
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ENDORSED ORDER Granting 138 Motion for Extension of Time. The 138 Motion is GRANTED as follows: Defendant shall file its supplemental brief no later than October 25, 2019, and Plaintiff shall file a response brief no later than October 30, 2019. No further extensions of time will be granted absent extraordinary circumstances. Given that the Court will issue a summary judgment ruling following the supplemental briefing, the Parties are advised that they must fully brief the issues identified by the Court. See ECF No. 136. Those issues include but are not limited to: 1) whether the accident report "fall[s] under the business record exception to the hearsay rule," ECF No. 88 at 8; and 2) whether the statements in the report can be admitted through the declarants' testimony at trial (which may in turn depend on whether those declarants and their statements have been properly identified and made available through discovery, or whether Defendant would require special leave from the Court to call them as witnesses). See, e.g., Jones v. UPS Ground Freight, 683 F.3d 1283, 1294 (11th Cir. 2012). Signed by Judge Marcia G. Cooke on 10/11/2019. (smz)
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| 137 |
Filed: 10/8/2019, Entered: 10/8/2019 |
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NOTICE of Attorney Appearance by Caroline Leigh Milewski on behalf of Carnival Corporation. Attorney Caroline Leigh Milewski added to party Carnival Corporation(pty:dft). (Milewski, Caroline)
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Request |
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| 136 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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ENDORSED ORDER Requiring Supplemental Briefing. This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment. ECF No. 80 . In her Motion, Plaintiff seeks summary judgment on "the issue of notice." Id. at p. 1. However, in order for the Court to find that Defendant was on notice of a risky condition where Plaintiff fell, it must first find that there was such a risky condition -- in other words, that the stairs on which Plaintiff fell were wet. Plaintiff insists that "[t]here is no dispute that the stairs were wet." ECF No. 88 at p. 1. Defendant, meanwhile, claims that the stairs were not wet. ECF No. 85 at p. 3. Defendant relies on the testimony of a Carnival representative, which in turn is based on an undisclosed "accident report" written by Carnival staff. Id; ECF No. 85-1 at p. 7. According to the report, staff members "inspected the area" just "minutes after" Plaintiff's fall and found it "in a safe condition," without "any water or wet spots on the stairs." ECF No. 85-1 at p. 7. In her Reply, Plaintiff argues that the statements in the report are hearsay, and that they "cannot create a genuine issue of material fact since they are not based on admissible evidence." ECF No. 88 at p. 1. However, because this issue only arose in Plaintiff's Reply, Defendant has not had a chance to submit its own arguments. The Court considers that it would benefit from the Parties' full briefing of this critical issue. Accordingly, pursuant to Rule 56(f), it is hereby ORDERED that the Parties shall file supplemental briefing on whether the Court should find, as a matter of law, that the stairs on which Plaintiff slipped were wet. In particular, the Parties' briefing shall address whether the contents of the accident report can be "reduced to admissible evidence at trial." Macuba v. Deboer, 193 F.3d 1316, 1323 (11th Cir. 1999); see also, e.g., Jones v. UPS Ground Freight, 683 F.3d 1283, 1294 (11th Cir. 2012) ("The most obvious way that hearsay testimony can be reduced to admissible form is to have the hearsay declarant testify directly to the matter at trial."); McMillian v. Johnson, 88 F.3d 1573, 1584 (11th Cir. 1996) (on motion for summary judgment, court can consider newspaper articles regardless of admissibility, where "witnesses would be able to testify at trial from their personal knowledge of the events recounted in the articles"). Defendant shall file its brief no later than October 11, 2019, and Plaintiff shall file a response brief no later than October 16, 2019. The briefs shall be no longer than five pages each. Signed by Judge Marcia G. Cooke on 10/4/2019. (smz)
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| 135 |
Filed: 9/9/2019, Entered: 9/9/2019 |
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ENDORSED ORDER Granting 134 Motion for Extension of Time. The final proposed jury instructions, verdict form, trial witness list and all other documents previously due September 6, 2019, see ECF No. 114, must be filed no later than October 21, 2019. Signed by Judge Marcia G. Cooke on 9/9/2019. (smz)
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| 133 |
Filed: 8/21/2019, Entered: 8/21/2019 |
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ENDORSED ORDER RESETTING CIVIL TRIAL DATE. This matter is before the Court sua sponte. It is hereby ORDERED that the trial in this matter is rescheduled to the two-week period commencing December 16, 2019, at 9:30 a.m., and Calendar Call is rescheduled to December 11, 2019, at 3:00 p.m. All other deadlines and requirements set forth in the Court's previous Scheduling Orders remain in effect. E.g., ECF No. 114. Signed by Judge Marcia G. Cooke on 8/21/2019. (smz)
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| 132 |
Filed: 8/20/2019, Entered: 8/21/2019 |
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PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge John J. O'Sullivan: Settlement Conference held on 8/20/2019. The parties did not reach a settlement. Total time in court: 3 hour(s) : 10 minutes. Attorney Appearance(s): Thomas Dennis Alan Briggs, Victor Jose Pelaez, Spencer Marc Aronfeld, Matthias Masayasu Hayashi. (Digital N/A) (cg1)
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| 130 |
Filed: 8/12/2019, Entered: 8/12/2019 |
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ENDORSED ORDER on 128 Motion for Settlement. The 128 Motion is granted to the extent that the Parties are hereby ordered to contact the Chambers of Chief Magistrate Judge John J. O'Sullivan no later than August 13, 2019, and to schedule a settlement conference. Signed by Judge Marcia G. Cooke on 8/12/2019. (smz)
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| 127 |
Filed: 6/28/2019, Entered: 6/28/2019 |
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NOTICE of Change of Address by Spencer Marc Aronfeld (Aronfeld, Spencer)
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Request |
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| 126 |
Filed: 6/27/2019, Entered: 6/27/2019 |
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NOTICE of Change of Address by Spencer Marc Aronfeld (Aronfeld, Spencer)
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Request |
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| 125 |
Filed: 6/6/2019, Entered: 6/6/2019 |
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PAPERLESS ORDER regarding 120 Plaintiff's Motion for Clarification. In light of 124 Plaintiff's Notice of Withdrawal of the Motion for Clarification, the June 12, 2019 hearing is cancelled and Defendant is no longer required to file a response to Plaintiff's Motion for Clarification. Signed by Magistrate Judge Jonathan Goodman on 6/6/2019. (km03)
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| 124 |
Filed: 6/6/2019, Entered: 6/6/2019 |
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NOTICE OF WITHDRAWAL OF MOTION by 71CA804 re 120 Plaintiff's MOTION for clarification 119 Order on Motion for Sanctions filed by 71CA804 (And Notice of Election Re: Order on Plaintiff's ESI Spoliation Sanctions Motion, [DE 119] (Hayashi, Matthias)
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Request |
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Filed: 6/4/2019, Entered: 6/4/2019 |
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Attorney Raul Gabriel Delgado, II terminated Per DE#123. (cqs)
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| 123 |
Filed: 6/4/2019, Entered: 6/4/2019 |
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NOTICE by 71CA804 (of Termination of Counsel: Raul Delgado) (Aronfeld, Spencer)
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Request |
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| 122 |
Filed: 5/31/2019, Entered: 5/31/2019 |
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NOTICE by Carnival Corporation re 119 Order on Motion for Sanctions Rejecting Proposed Stipulation (Pelaez, Victor)
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Request |
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Filed: 5/30/2019, Entered: 5/30/2019 |
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Reset Deadlines Per DE#121. Responses due by 6/10/2019 (cqs)
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| Save 25% on a pre-paid one year subscription. |
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| 121 |
Filed: 5/30/2019, Entered: 5/30/2019 |
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PAPERLESS ORDER regarding 120 Plaintiff's Motion for Clarification on 119 ESI Spoliation Order. By June 10, 2019, Defendant shall file a response to Plaintiff's Motion for Clarification, not exceeding three (3) pages (excluding signature block and certificate of service). Plaintiff's Motion for Clarification is set for hearing on 6/12/2019 at 04:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/30/2019. (km03)
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| 118 |
Filed: 5/14/2019, Entered: 5/14/2019 |
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MEMORANDUM in Support re 52 MOTION for Sanctions for Spoliation of Evidence by 71CA804. (Attachments: # 1 Exhibit American College of Emergency Physicians Policy Statement, Interpretation of Diagnostic Imaging Tests)(Hayashi, Matthias)
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Request |
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| 117 |
Filed: 5/14/2019, Entered: 5/14/2019 |
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MEMORANDUM of Law re 116 Order,,,,,,,,,,,, 52 MOTION for Sanctions for Spoliation of Evidence by Carnival Corporation. (Pelaez, Victor)
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Request |
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| 116 |
Filed: 5/7/2019, Entered: 5/7/2019 |
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PAPERLESS ORDER re 52 MOTION for Sanctions for Spoliation of Evidence filed by 71CA804.Plaintiff's motion for sanctions concerning Defendant Carnival's failure to produce requested x-rays taken of her aboard the Carnival Dream is now fully briefed, with both a response and reply having been filed [ECF Nos. 62, 66].The motion, response and reply all discuss the Court's inherent authority to impose sanctions for spoliated evidence when there is bad faith. None of the memoranda discuss amended Federal Rule of Civil Procedure 37(e), which concerns "failure to preserve electronically stored information."The Advisory Committee Notes to the 2015 Amendment to Rule 37 explain that this new rule subsection "forecloses reliance on inherent authority or state law to determine whether certain measures should be used."Carnival's opposition response to Plaintiff's spoliation sanctions motion attached [ECF No. 62-3] the affidavit of Monica Petisco, litigation representative. Ms. Petisco's affidavit says that the x-ray machine aboard the Dream is connected to a dedicated computer, which is used to view digital images of the x-rays. It also explains that the x-ray machine does not produce "hard copies" of the x-ray images on x-ray film. Instead, the affidavit further notes, the x-ray images are "saved in digital format on the hard drive of the computer that is attached to the machine itself and used to view the images." (emphasis added).Moreover, the affidavit also says that the computer previously attached to the x-ray machine aboard the ship "was removed and replaced with a new computer." It also explains that Carnival's outside vendor could not locate the x-ray images on either the computer presently attached to the x-ray machine aboard the ship or on the "broken hard drives from [the] old computer." (emphasis supplied).Ms. Petisco's affidavit then contends that the x-ray images taken of Plaintiff "were lost due to a technical problem with the x-ray machine and the computer that was previously attached to it... " (emphasis supplied). The affidavit did not provide any further explanation about what happened to the x-ray images, other than to contend that it was not the fault of Carnival or the medical personnel aboard the Dream.Given this scenario, the parties shall by May 14, 2019 submit a double-spaced memorandum of law, not to exceed eight (8) pages (excluding signature block and certificate of service), on the threshold legal issue of whether Rule 37(e), and not common law, applies to this dispute over x-ray digital images stored on a computer hard drive, and, if so, the analysis concerning the loss of electronically stored information and the conclusion about the appropriateness of sanctions under the rule. Signed by Magistrate Judge Jonathan Goodman on 5/7/2019. (JG)
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| 114 |
Filed: 5/1/2019, Entered: 5/1/2019 |
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ENDORSED ORDER SETTING NEW CIVIL TRIAL DATE AND PRETRIAL DEADLINES. As set forth during the Status Conference on April 30, 2019, the Court's 55 Amended Scheduling Order is further amended as follows: - Plaintiff must complete her deposition of Dr. Mark Roberts no later than July 1, 2019. The Parties may agree to conduct discovery beyond that deadline, but they will do so at their own convenience and without Court intervention. - The final proposed jury instructions, verdict form, trial witness list and all other documents previously due August 24, 2018, see ECF No. 55 , must be filed no later than September 6, 2019. - Calendar Call will be held on Wednesday, September 11, 2019, at 3:00 p.m. - This case is set for trial during the Court's two-week trial period commencing Monday, September 16, 2019, at 9:30 a.m. Signed by Judge Marcia G. Cooke on 5/1/2019. (smz)
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| 115 |
Filed: 4/30/2019, Entered: 5/2/2019 |
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PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Status Conference held on 4/30/2019. Total time in court: 30 minutes. Attorney Appearances: Victor Jose Pelaez, Raul Gabriel Delgado, II. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (im)
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| 113 |
Filed: 4/23/2019, Entered: 4/23/2019 |
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STATUS REPORT (Third Joint Status Report, Pursuant to [DE 112]) by 71CA804 (Hayashi, Matthias)
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Request |
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| 112 |
Filed: 4/11/2019, Entered: 4/11/2019 |
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ENDORSED ORDER Setting Status Conference. A conference regarding the status of this case shall be held on Tuesday, April 30, 2019, at 3:00 p.m., in Miami Division before Judge Marcia G. Cooke. It is further ORDERED that, on or before April 23, 2019, the Parties shall submit a joint status report, no more than five pages in length, addressing each of the following points (which will also be the subject of the conference itself): 1) the status of this case, particularly in regard to the deadlines set forth in the 55 Amended Scheduling Order; 2) the Parties' proposed dates for trial; and 3) whether the Parties wish for the Court to address any motions that were pending when this case was administratively closed. See 100 Endorsed Order (terminating, e.g., Plaintiff's 80 Motion for Summary Judgment). Signed by Judge Marcia G. Cooke on 4/11/2019. (smz)
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| 111 |
Filed: 2/26/2019, Entered: 2/26/2019 |
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Plaintiff's MOTION for Pretrial Conference by 71CA804. (Hayashi, Matthias)
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Request |
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| 110 |
Filed: 1/4/2019, Entered: 1/4/2019 |
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STATUS REPORT (Second Joint Status Report Pursuant to [DE 109]) by 71CA804 (Hayashi, Matthias)
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Request |
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| 109 |
Filed: 12/20/2018, Entered: 12/20/2018 |
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ENDORSED ORDER. In light of the circumstances set forth in the Parties' 101 Joint Status Report, it is hereby ORDERED and ADJUDGED that this matter shall remain administratively closed until January 4, 2019. On that date, the Parties will again advise this Court of Plaintiff's medical condition and confirm whether she is then physically fit to travel to Miami to proceed with the trial in this action. Signed by Judge Marcia G. Cooke on 12/20/2018. (smz)
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| 108 |
Filed: 12/4/2018, Entered: 12/4/2018 |
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Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/4/2018. See attached document for full details. (km03)
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Request |
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| 107 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 11/30/2018. Total time in court: 30 minutes. Attorney Appearance(s): Victor Jose Pelaez, Matthias Masayasu Hayashi (Digital 16:27:49) (tb)
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| 106 |
Filed: 11/30/2018, Entered: 11/30/2018 |
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PAPERLESS ORDER rescheduling 105 Discovery Hearing for 11/30/2018 at 04:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. **TIME CHANGE ONLY** Signed by Magistrate Judge Jonathan Goodman on 11/30/2018. (km03)
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| 105 |
Filed: 11/9/2018, Entered: 11/9/2018 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 11/30/2018 05:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
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Request |
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| 104 |
Filed: 11/7/2018, Entered: 11/7/2018 |
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PAPERLESS ORDER striking 102 Plaintiff's motion for leave to take the de bene esse deposition of Plaintiff's treating primary care physician without prejudice. Plaintiff is advised to follow the 6 Undersigned's Discovery Procedures Order as it relates to the handling of discovery disputes. Signed by Magistrate Judge Jonathan Goodman on 11/7/2018. (km03)
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| 103 |
Filed: 11/6/2018, Entered: 11/6/2018 |
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ENDORSED ORDER REFERRING MOTION. Plaintiff's 102 Motion for Leave to Take De Bene Esse Deposition is referred to the Honorable Jonathan Goodman. Signed by Judge Marcia G. Cooke on 11/6/2018. (smz)
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| 102 |
Filed: 11/6/2018, Entered: 11/6/2018 |
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(STRICKEN PER DE#104)Plaintiff's MOTION for leave to take the de bene esse deposition of Plaintiffs treating primary care physician, Dr. Mark Roberts by 71CA804. (Attachments: # 1 Exhibit Initial Fact Witness List, # 2 Text of Proposed Order)(Hayashi, Matthias)Text Modified on 11/8/2018 (cqs).
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Request |
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| 101 |
Filed: 11/5/2018, Entered: 11/5/2018 |
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STATUS REPORT (Joint) by 71CA804 (Attachments: # 1 Exhibit Redacted Record of Dr. Krisht, # 2 Exhibit Redacted Records of Dr Roberts)(Hayashi, Matthias)
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Request |
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| 100 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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ENDORSED ORDER ADMINISTRATIVELY CLOSING CASE in light of 99 ENDORSED ORDER granting in part and denying in part Plaintiff's 98 Renewed Motion for Continuance of Trial, which stayed this matter. Closing Case. Motions terminated: 84 Plaintiff's MOTION to Strike UNRELIABLE AND UNHELPFUL OPINIONS OF DEFENDANTS EXPERT, BRYAN EMOND filed by 71CA804, 80 Plaintiff's MOTION for Summary Judgment filed by 71CA804, 52 MOTION for Sanctions for Spoliation of Evidence filed by 71CA804, 96 Joint MOTION in Limine filed by Carnival Corporation. Signed by Judge Marcia G. Cooke on 8/7/2018. (ase)
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| 99 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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ENDORSED ORDER granting in part and denying in part Plaintiff's 98 Renewed Motion for Continuance of Trial. Having considered Plaintiff's Motion and the pertinent portions of the record, including Defendant's opposition to Plaintiff's requested continuance, I find Plaintiff has demonstrated good cause to continue trial in this matter. However, rather than grant a continuance, I shall STAY this matter for ninety (90) days. On or before November 5, 2018, the parties shall file a joint status report informing the Court of Plaintiff's medical condition and how the parties wish to proceed based on her condition at that time. Signed by Judge Marcia G. Cooke on 8/7/2018. (ase)
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| 97 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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PRETRIAL STIPULATION by Carnival Corporation (Attachments: # 1 Exhibit Plaintiff's Exhibit List, # 2 Exhibit Defendant's Exhibit List and Witness List, # 3 Exhibit Plaintiff's Witness List)(Pelaez, Victor)
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Request |
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| 95 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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ENDORSED ORDER denying Plaintiff's 91 Motion to Continue. While I appreciate Plaintiff's effort to move this Court at the earliest practical date for a continuance, I find Plaintiff's Motion to be premature at this time. Plaintiff may refile her Motion after her upcoming doctor appointment and I will consider the need for a continuance based on any changed circumstances at that time. Further, Plaintiff's counsel shall make every effort to confer with Defendant's counsel pursuant to Local Rule 7.1(a)(3) prior to filing another motion to continue. Signed by Judge Marcia G. Cooke on 7/19/2018. (ase)
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| 94 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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Clerks Notice to Filer re 92 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 93 Affidavit in Support of Motion. It is not necessary to refile this document. (kpe)
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| 93 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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AFFIDAVIT in Support re 91 Plaintiff's MOTION to Continue, filed by 71CA804. See DE 92 for image. (kpe)
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| 92 |
Filed: 7/19/2018, Entered: 7/19/2018 |
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NOTICE by 71CA804 re 91 Plaintiff's MOTION to Continue Trial (and other pretrial deadlines) re 55 Order,,,, Set/Reset Deadlines/Hearings,,, of Filing Affidavit in Support of Plaintiff's Motion for Continuance of Trial, [DE 91] (Attachments: # 1 Exhibit Affidavit of Diane M. 71CA804, in Support of Motion for Continuance of Trial) (Hayashi, Matthias)
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Request |
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| 90 |
Filed: 6/8/2018, Entered: 6/8/2018 |
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REPLY to Response to Motion re 84 Plaintiff's MOTION to Strike UNRELIABLE AND UNHELPFUL OPINIONS OF DEFENDANTS EXPERT, BRYAN EMOND filed by 71CA804. (Hayashi, Matthias)
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Request |
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| 89 |
Filed: 6/1/2018, Entered: 6/1/2018 |
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RESPONSE in Opposition re 84 Plaintiff's MOTION to Strike UNRELIABLE AND UNHELPFUL OPINIONS OF DEFENDANTS EXPERT, BRYAN EMOND filed by Carnival Corporation. Replies due by 6/8/2018. (Attachments: # 1 Exhibit Carnival's Expert Disclosures, # 2 Exhibit Report of F. De Caso)(Pelaez, Victor)
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Request |
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| 88 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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REPLY to Response to Motion re 80 Plaintiff's MOTION for Summary Judgment filed by 71CA804. (Attachments: # 1 Exhibit Santosa Depo, # 2 Exhibit Defendant's Privilege Log)(Hayashi, Matthias)
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Request |
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| 87 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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ENDORSED ORDER granting in part and denying in part Defendant's 86 Motion for Extension of Time. Defendant shall respond to Plaintiff's 84 Motion to Strike on or before June 1, 2018. Signed by Judge Marcia G. Cooke on 5/29/2018. (ase)
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| 85 |
Filed: 5/21/2018, Entered: 5/21/2018 |
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RESPONSE in Opposition re 80 Plaintiff's MOTION for Summary Judgment filed by Carnival Corporation. Replies due by 5/29/2018. (Attachments: # 1 Deposition M. Petisco)(Pelaez, Victor)
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Request |
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| 83 |
Filed: 5/10/2018, Entered: 5/10/2018 |
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ANSWER and Affirmative Defenses to Amended Complaint by Carnival Corporation. (Pelaez, Victor)
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Request |
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| 82 |
Filed: 5/9/2018, Entered: 5/9/2018 |
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ENDORSED ORDER granting Defendant's 81 Unopposed Motion for Extension of Time. Defendant shall respond to Plaintiff's 80 Motion for Partial Summary Judgment on or before May 21, 2018. Signed by Judge Marcia G. Cooke on 5/9/2018. (ase)
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| 80 |
Filed: 4/27/2018, Entered: 4/27/2018 |
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Plaintiff's MOTION for Summary Judgment by 71CA804. Responses due by 5/11/2018 (Attachments: # 1 Exhibit Plaintiff's Depo, # 2 Exhibit Report of Dr. De Caso, # 3 Exhibit Emond Report, # 4 Exhibit Maulana Depo, # 5 Exhibit Defendant's Answers to Plaintiff's Interrogatories, # 6 Exhibit Hunt Depo, # 7 Exhibit Zito Depo)(Hayashi, Matthias)
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Request |
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| 79 |
Filed: 4/26/2018, Entered: 4/26/2018 |
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ENDORSED ORDER granting Defendant's 78 Unopposed Motion for Clarification. THIS MATTER is before me on Defendant's 78 Unopposed Motion for Clarification Regarding the 76 Order Granting Defendant's Motion to Dismiss, filed April 25, 2018. I have reviewed Defendant's Unopposed Motion for Clarification and the rulings that I announced at the hearing on April 24, 2018, regarding Defendant's 48 Motion to Dismiss Counts II VIII of Plaintiff's First Amended Complaint.For the reasons stated at the April 24, 2018 hearing, it is hereby ORDERED and ADJUDGED as follows:1. Defendant's 78 Unopposed Motion for Clarification is GRANTED. 2. Defendant's 48 Motion to Dismiss Counts II VIII of Plaintiff's First Amended Complaint is GRANTED.3. Counts II, III, IV, V, VI, VII, and VIII of Plaintiff's First Amended Complaint are DISMISSED with prejudice. Signed by Judge Marcia G. Cooke on 4/26/2018. (ase)
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| 78 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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Unopposed MOTION for clarification 76 Order on Motion to Dismiss for Failure to State a Claim by Carnival Corporation. Responses due by 5/9/2018 (Attachments: # 1 Text of Proposed Order)(Pelaez, Victor)
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Request |
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| 76 |
Filed: 4/25/2018, Entered: 4/25/2018 |
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ORDER GRANTING DEFENDANT'S MOTION TO DISMISS granting 48 Motion to Dismiss for Failure to State a Claim. Signed by Judge Marcia G. Cooke on 4/25/2018. (tm)
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Request |
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| 77 |
Filed: 4/24/2018, Entered: 4/25/2018 |
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PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 4/24/2018 re 48 Defendant's MOTION TO DISMISS 37 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. Total time in court: 30 minutes. Attorney Appearances: Victor Jose Pelaez, Spencer Marc Aronfeld. Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@flsd.uscourts.gov. (im)
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| 75 |
Filed: 4/23/2018, Entered: 4/23/2018 |
|
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Notice of Supplemental Authority re 54 Response in Opposition to Motion, by 71CA804 (Attachments: # 1 Exhibit Diaz v. US) (Delgado, Raul)
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Request |
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| 74 |
Filed: 4/23/2018, Entered: 4/23/2018 |
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NOTICE of Attorney Appearance by Raul Gabriel Delgado, II on behalf of 71CA804. Attorney Raul Gabriel Delgado, II added to party 71CA804(pty:pla). (Delgado, Raul)
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Request |
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| |
Filed: 4/16/2018, Entered: 4/16/2018 |
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ENDORSED ORDER cancelling today's discovery hearing based on Plaintiff's Notice 73 . Signed by Magistrate Judge Jonathan Goodman on 4/16/2018. (jf00)
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| 73 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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NOTICE of Striking 71 Plaintiff's MOTION for Hearing (expedited hearing) on her motion for protective order as to the deposition of Dr. Nicholas Suite. filed by 71CA804 notice of striking Plaintiffs need for an expedited hearing on her motion for protective order by 71CA804 (Hayashi, Matthias)
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Request |
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| 72 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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ENDORSED ORDER striking 71 Plaintiff's Motion for violating the Undersigned's Discovery Procedures Order. In addition, the Undersigned is setting an in-person Discovery Hearing for TODAY, 4/16/2018, at 6:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Counsel shall bring their checkbooks in case the Court enters a fee-shifting award. Signed by Magistrate Judge Jonathan Goodman on 4/16/2018. (jf00)
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| 71 |
Filed: 4/13/2018, Entered: 4/13/2018 |
|
|
STRICKEN Plaintiff's MOTION for Hearing (expedited hearing) on her motion for protective order as to the deposition of Dr. Nicholas Suite. by 71CA804. (Attachments: # 1 Exhibit D's Certificate of Non-Objection/Notice of Production, # 2 Exhibit P's 1st Request for Copies, # 3 Exhibit P's 2nd Request for Copies, # 4 Exhibit 2nd Amended Notice of Dr. Suite's Deposition, # 5 Exhibit Emails re; Rescheduling Dr. Suite Depo, # 6 Exhibit Emails re; P's Request for Copies, # 7 Text of Proposed Order)(Hayashi, Matthias) Modified to strike per 72 Order on 4/16/2018 (asl).
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Request |
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| 70 |
Filed: 4/9/2018, Entered: 4/9/2018 |
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Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/9/2018. (jf00)
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Request |
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| 69 |
Filed: 4/6/2018, Entered: 4/6/2018 |
|
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 4/6/2018. Court heard arguments from the parties, Order to follow. Total time in court: 45 minutes. Attorney Appearance(s): Matthias Masayasu Hayashi, Esq; Victor Jose Pelaez, Esq. (Digital 14:24:26) (mno)
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| 68 |
Filed: 4/5/2018, Entered: 4/5/2018 |
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ENDORSED ORDER Setting Hearing on Motion. Oral argument regarding Defendant's 48 Motion to Dismiss Counts II-VIII shall be heard on April 24, 2018 at 10:00 a.m. in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 4/5/2018. (ase)
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| 67 |
Filed: 4/4/2018, Entered: 4/4/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/6/2018 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
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Request |
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| 66 |
Filed: 3/30/2018, Entered: 3/30/2018 |
|
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REPLY to Response to Motion re 52 MOTION for Sanctions for Spoliation of Evidence filed by 71CA804. (Attachments: # 1 Exhibit Medical Record Indicating No Fracture, # 2 Exhibit AirEvac Bill)(Hayashi, Matthias)
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Request |
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| 65 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
ENDORSED ORDER granting Plaintiff's 63 Motion for Relief from Order. Plaintiffs' experts shall be allowed to supplement their expert reports to address the evidence discussed in Plaintiff's Motion. Plaintiff shall provide Defendant with any supplemental reports as soon as reasonably possible, but no later than May 4, 2018. Signed by Judge Marcia G. Cooke on 3/27/2018. (ase)
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| 64 |
Filed: 3/26/2018, Entered: 3/26/2018 |
|
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NOTICE by Carnival Corporation re 62 Response in Opposition to Motion, of Filing Verified Affidavit of Monica Petisco (Attachments: # 1 Affidavit M. Petisco (Verified)) (Pelaez, Victor)
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Request |
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| 63 |
Filed: 3/23/2018, Entered: 3/23/2018 |
|
|
Plaintiff's MOTION for relief from her expert disclosure deadline re 55 Order,,,, Set/Reset Deadlines/Hearings,,, by 71CA804. (Attachments: # 1 Text of Proposed Order)(Hayashi, Matthias)
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Request |
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| 62 |
Filed: 3/23/2018, Entered: 3/23/2018 |
|
|
RESPONSE in Opposition re 52 MOTION for Sanctions for Spoliation of Evidence filed by Carnival Corporation. Replies due by 3/30/2018. (Attachments: # 1 Deposition J. Bledsoe, # 2 Deposition L. 71CA804, # 3 Affidavit M. Petisco)(Pelaez, Victor)
|
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Request |
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| 61 |
Filed: 3/16/2018, Entered: 3/16/2018 |
|
|
REPLY to Response to Motion re 48 Defendant's MOTION TO DISMISS 37 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Carnival Corporation. (Pelaez, Victor)
|
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Request |
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| |
Filed: 3/15/2018, Entered: 3/16/2018 |
|
|
Reset Deadlines per 60 Order as to 52 MOTION for Sanctions for Spoliation of Evidence. Responses due by 3/23/2018 (asl)
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| 60 |
Filed: 3/15/2018, Entered: 3/15/2018 |
|
|
ENDORSED ORDER granting 59 Defendant's Motion for Extension of Time. Defendant shall, by March 23, 2018, respond to Plaintiff's motion for sanctions for spoliation of evidence. Signed by Magistrate Judge Jonathan Goodman on 3/15/2018. (jf00)
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| 59 |
Filed: 3/15/2018, Entered: 3/15/2018 |
|
|
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 52 MOTION for Sanctions for Spoliation of Evidence by Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Pelaez, Victor)
|
|
Request |
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| 58 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
ENDORSED ORDER granting Defendant's 57 Unopposed Motion for Extension of Time. Defendant shall file its reply in support of its 48 Motion to Dismiss on or before March 16, 2018. Signed by Judge Marcia G. Cooke on 3/13/2018. (ase)
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| 57 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 54 Response in Opposition to Motion, by Carnival Corporation. (Attachments: # 1 Text of Proposed Order)(Pelaez, Victor)
|
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Request |
|
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| 56 |
Filed: 3/8/2018, Entered: 3/8/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/6/2018 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
|
|
Request |
|
|
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| 55 |
Filed: 3/6/2018, Entered: 3/6/2018 |
|
|
AMENDED ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES granting in part and denying in part 49 Defendant's MOTION to Continue Trial and Extend all Pre-Trial Deadlines filed by Carnival Corporation, amending 14 Scheduling Order, Order Referring Case to Mediation (amended deadlines - Expert Discovery due by 5/4/2018., Fact Discovery due by 3/23/2018., Expert Witness List due by 3/23/2018., Miscellaneous Deadline 8/24/2018., Dispositive Motions due by 4/27/2018., In Limine Motions due by 7/27/2018., Motions due by 5/11/2018., Pretrial Stipulation due by 7/27/2018., Calendar Call set for 8/29/2018 03:00 PM in Miami Division before Judge Marcia G. Cooke., Jury Trial set for 9/4/2018 09:30 AM in Miami Division before Judge Marcia G. Cooke.) Signed by Judge Marcia G. Cooke on 3/6/2018. (tm)
|
|
Request |
|
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| 54 |
Filed: 3/6/2018, Entered: 3/6/2018 |
|
|
RESPONSE in Opposition re 48 Defendant's MOTION TO DISMISS 37 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by 71CA804. Replies due by 3/13/2018. (Attachments: # 1 Exhibit Response to Over-Service Motion to Amend Complaint, # 2 Exhibit Reply re: Over-Service Motion to Amend Complaint, # 3 Exhibit Order re: Over-Service Motion to Amend Complaint)(Hayashi, Matthias)
|
|
Request |
|
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| 53 |
Filed: 3/5/2018, Entered: 3/5/2018 |
|
|
ENDORSED ORDER REFERRING MOTION. Plaintiff's 52 Motion for Spoliation of Evidence is referred to the Honorable Jonathan Goodman. Signed by Judge Marcia G. Cooke on 3/5/2018. (ase)
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| 51 |
Filed: 2/26/2018, Entered: 2/26/2018 |
|
|
Post-Discovery Hearing ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/26/2018. (jf00)
|
|
Request |
|
|
|
| 188 |
Filed: 11/14/2020, Entered: 11/13/2020 |
In Limine |
|
|
|
Request |
|
|
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| 50 |
Filed: 2/23/2018, Entered: 2/26/2018 |
|
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 2/23/2018. (Digital 17:47:31) (mso)
|
|
|
|
|
|
| 187 |
Filed: 11/14/2020, Entered: 11/13/2020 |
Strike |
|
|
|
Request |
|
|
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| 49 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
Defendant's MOTION to Continue Trial and Extend all Pre-Trial Deadlines by Carnival Corporation. Responses due by 3/8/2018 (Attachments: # 1 Text of Proposed Order)(Pelaez, Victor)
|
|
Request |
|
|
|
| 186 |
Filed: 11/14/2020, Entered: 11/13/2020 |
Notice (other) |
|
|
|
Request |
|
|
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| 48 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
Defendant's MOTION TO DISMISS 37 Amended Complaint FOR FAILURE TO STATE A CLAIM by Carnival Corporation. Responses due by 3/6/2018 (Attachments: # 1 Exhibit Ticket Contract)(Pelaez, Victor)
|
|
Request |
|
|
|
| 185 |
Filed: 11/14/2020, Entered: 11/13/2020 |
response in opposition to motion |
|
|
|
Request |
|
|
|
| 47 |
Filed: 2/19/2018, Entered: 2/19/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/23/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
|
|
Request |
|
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|
| |
Filed: 11/13/2020, Entered: None |
Order on Motion to withdraw as attorney |
|
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|
Request |
|
|
|
| 46 |
Filed: 2/16/2018, Entered: 2/16/2018 |
|
|
Notice of Entry of Parties Listed on 44 Certificate of Interested Parties/Corporate Disclosure Statement into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Henry C 71CA804, CMS Medicare, Tricare, ARONFELD TRIAL LAWYERS, Sidney W Jackson and Mase Tinelli Mebane and Briggs. (Aronfeld, Spencer)
|
|
Request |
|
|
|
| 183 |
Filed: 11/13/2020, Entered: 11/13/2020 |
Leave to File Document |
|
|
|
Request |
|
|
|
| 45 |
Filed: 2/16/2018, Entered: 2/16/2018 |
|
|
Clerks Notice to Filer re 44 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (kpe)
|
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|
|
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|
| |
Filed: 11/13/2020, Entered: None |
Status Conference |
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|
|
Request |
|
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|
| 44 |
Filed: 2/15/2018, Entered: 2/15/2018 |
|
|
Certificate of Interested Parties by 71CA804 (Aronfeld, Spencer)
|
|
Request |
|
|
|
| 181 |
Filed: 11/6/2020, Entered: 11/6/2020 |
Leave to File Document |
|
|
|
Request |
|
|
|
| 43 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
Post-discovery hearing administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/12/2018. (jf00)
|
|
Request |
|
|
|
| |
Filed: 10/29/2020, Entered: None |
~Util - Set/Reset Hearings |
|
|
|
Request |
|
|
|
| 42 |
Filed: 2/9/2018, Entered: 2/12/2018 |
|
|
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 2/9/2018. (Digital 16:45:59) (mso)
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|
|
|
|
| 180 |
Filed: 10/29/2020, Entered: 10/29/2020 |
Withdraw as Attorney |
|
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|
Request |
|
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| 41 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/23/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Pelaez, Victor)
|
|
Request |
|
|
|
| |
Filed: 10/29/2020, Entered: None |
Order on Motion for Hearing |
|
|
|
Request |
|
|
|
| 40 |
Filed: 2/8/2018, Entered: 2/8/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/9/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
|
|
Request |
|
|
|
| |
Filed: 10/29/2020, Entered: None |
Order on Motion to stay |
|
|
|
Request |
|
|
|
| |
Filed: 2/6/2018, Entered: 2/7/2018 |
|
|
Reset Deadlines per 38 Order. Fact Discovery due by 2/23/2018. Dispositive Motions due by 3/2/2018. (asl)
|
|
|
|
|
|
| 177 |
Filed: 10/12/2020, Entered: 10/12/2020 |
Miscellaneous Relief |
|
|
|
Request |
|
|
|
| 39 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/9/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
|
|
Request |
|
|
|
| |
Filed: 4/1/2020, Entered: None |
Order (PAPERLESS or pdf attached) |
|
|
|
Request |
|
|
|
| 38 |
Filed: 2/6/2018, Entered: 2/6/2018 |
|
|
ENDORSED ORDER granting in part and denying in part Plaintiff's 35 Motion for Extension of Time. Fact discovery shall be completed on or before February 23, 2018. Dispositive motions shall be due on or before March 2, 2018. Plaintiff shall furnish her expert disclosures to Defendant on or before February 23, 2018. All other pretrial deadlines as set forth in my 14 Order Setting Civil Trial Date and Pretrial Deadlines shall remain in effect and continue to govern in this case. Both parties may jointly agree to conduct discovery beyond the discovery deadline. However, any agreement to do so shall be at the parties' own convenience and without Court intervention. The Magistrate Judge will not entertain discovery issues after the discovery deadline. Signed by Judge Marcia G. Cooke on 2/6/2018. (ase)
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| 163 |
Filed: 3/31/2020, Entered: 3/31/2020 |
Stay |
|
|
|
Request |
|
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| 37 |
Filed: 2/5/2018, Entered: 2/5/2018 |
|
|
First AMENDED COMPLAINT against Carnival Corporation filed in response to Order Granting Motion for Leave, filed by 71CA804.(Hayashi, Matthias)
|
|
Request |
|
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|
| |
Filed: 12/16/2019, Entered: None |
order on motion for miscellaneous relief |
|
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|
Request |
|
|
|
| 36 |
Filed: 2/5/2018, Entered: 2/5/2018 |
|
|
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT granting 26 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. Signed by Judge Marcia G. Cooke on 2/5/2018. (tm)
|
|
Request |
|
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|
| |
Filed: 12/13/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
|
|
|
Request |
|
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| 35 |
Filed: 2/3/2018, Entered: 2/3/2018 |
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Plaintiff's MOTION for Extension of Time to Complete Discovery , Plaintiff's MOTION for Extension of Time to serve expert disclosures, reports, and dispositive motions ( Responses due by 2/20/2018) by 71CA804. (Attachments: # 1 Exhibit Defendant's Notice of Serving Response to Plaintiff's First Request for Production, # 2 Exhibit Defendant's Notice of Serving Answers to Plaintiff's First Interrogatories, # 3 Exhibit Defendant's Initial Disclosures, # 4 Text of Proposed Order)(Hayashi, Matthias)
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Request |
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Filed: 12/13/2019, Entered: None |
~Util - Set/Reset Hearings |
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Request |
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| 34 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/9/2018 04:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Hayashi, Matthias)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 158 |
Filed: 12/11/2019, Entered: 12/11/2019 |
Miscellaneous Relief |
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Request |
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| 33 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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REPLY to Response to Motion re 26 Plaintiff's MOTION for Leave to File First Amended Complaint filed by 71CA804. (Attachments: # 1 Exhibit Defendant's Notice of Serving Responses to Plaintiff's First Request for Production)(Hayashi, Matthias)
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Request |
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| 157 |
Filed: 12/9/2019, Entered: 12/9/2019 |
Order (PAPERLESS or pdf attached) |
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Request |
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| 32 |
Filed: 1/18/2018, Entered: 1/18/2018 |
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ENDORSED ORDER granting in part and denying in part Plaintiff's 31 Motion for Extension of Time. Plaintiff shall file her reply in support of her 26 Motion for Leave to File First Amended Complaint on or before January 22, 2018. Signed by Judge Marcia G. Cooke on 1/18/2018. (ase)
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Filed: 12/4/2019, Entered: None |
Administrative Order |
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Request |
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| 31 |
Filed: 1/16/2018, Entered: 1/16/2018 |
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MOTION for Extension of Time to File Response/Reply/Answer as to 29 Response in Opposition to Motion by 71CA804. (Attachments: # 1 Text of Proposed Order)(Hayashi, Matthias)
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Request |
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Filed: 12/2/2019, Entered: None |
Scheduling Order |
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Request |
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| 30 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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NOTICE by 71CA804 of Termination of Michelle Hardin, Esq. as Counsel for Plaintiff. Attorney Matthias Masayasu Hayashi added to party 71CA804(pty:pla). (Hayashi, Matthias)
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Request |
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 146 |
Filed: 11/22/2019, Entered: 11/22/2019 |
Memorandum and Opinion |
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ORDER DENYING PLAINTIFF'S 80 MOTION FOR PARTIAL SUMMARY JUDGMENT. Signed by Judge Marcia G. Cooke on 11/22/2019. See attached document for full details. (smz)
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| 29 |
Filed: 1/9/2018, Entered: 1/9/2018 |
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RESPONSE in Opposition re 26 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Carnival Corporation. Replies due by 1/16/2018. (Attachments: # 1 Exhibit Deposition of Plaintiff)(Pelaez, Victor)
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Request |
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Filed: 10/16/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 28 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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ENDORSED ORDER granting in part and denying in part 27 Plaintiff's Motion for Extension of Plaintiff's Fact Discovery Deadline. Fact Discovery deadline now February 9, 2018. Dispositive Motions now due on or before February 23, 2018. Signed by Judge Marcia G. Cooke on 1/3/2018. (ecz)
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| 140 |
Filed: 10/16/2019, Entered: 10/16/2019 |
extension of time |
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Request |
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| 27 |
Filed: 12/26/2017, Entered: 12/26/2017 |
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Plaintiff's MOTION for Extension of Time of the Fact Discovery Deadline by 71CA804. Responses due by 1/9/2018 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hardin, Michelle)
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Request |
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Filed: 10/11/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 26 |
Filed: 12/26/2017, Entered: 12/26/2017 |
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Plaintiff's MOTION for Leave to File First Amended Complaint by 71CA804. Attorney Michelle Elizabeth Hardin added to party 71CA804(pty:pla). (Attachments: # 1 Exhibit 1)(Hardin, Michelle)
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Request |
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| 138 |
Filed: 10/9/2019, Entered: 10/9/2019 |
extension of time |
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Request |
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| 25 |
Filed: 12/16/2017, Entered: 12/16/2017 |
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FINAL MEDIATION REPORT by Michael P. Essington. Disposition: Case did not settle.(Essington, Michael)
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Request |
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Filed: 10/4/2019, Entered: None |
Order to Show Cause |
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Request |
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| 24 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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NOTICE of Attorney Appearance by Victor Jose Pelaez on behalf of Carnival Corporation. Attorney Victor Jose Pelaez added to party Carnival Corporation(pty:dft). (Pelaez, Victor)
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Request |
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Filed: 9/9/2019, Entered: None |
Order on motion for extension of time |
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Request |
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| 23 |
Filed: 12/7/2017, Entered: 12/7/2017 |
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NOTICE of Attorney Appearance by Thomas Dennis Alan Briggs on behalf of Carnival Corporation. Attorney Thomas Dennis Alan Briggs added to party Carnival Corporation(pty:dft). (Briggs, Thomas)
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Request |
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| 134 |
Filed: 9/6/2019, Entered: 9/5/2019 |
extension of time |
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Request |
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| 22 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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ENDORSED ORDER Scheduling Mediation. The parties will attend a mediation conference in this matter with Mediator Michael Essington on December 15, 2017 at 12:30 p.m., at 1221 Brickell Ave, Suite 2400, Miami, Florida 33131. The parties shall not reschedule the conference outside of the mediation deadline set forth in the scheduling order without leave of the Court. Failure to comply with this Order may result in sanctions. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The Report shall also indicate whether the case settled (in full or in part), whether the parties consented to continue the mediation, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 11/29/2017. (ase)
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Filed: 8/21/2019, Entered: None |
Scheduling Order |
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Request |
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| 21 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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NOTICE of Mediator Selection and Hearing. Added Michael Patrick Essington. Mediation Hearing set for 12/15/2017 at 12:30 p.m.. (Attachments: # 1 Text of Proposed Order)(Aronfeld, Spencer)
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Request |
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| 131 |
Filed: 8/20/2019, Entered: 8/20/2019 |
Order (PAPERLESS or pdf attached) |
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Request |
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| 20 |
Filed: 11/16/2017, Entered: 11/16/2017 |
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ENDORSED ORDER granting Plaintiff's 19 Motion for Leave to Reschedule Mediation. The deadline to complete mediation remains March 23, 2018. Signed by Judge Marcia G. Cooke on 11/16/2017. (ase)
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Filed: 8/12/2019, Entered: None |
order on motion for settlement |
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Request |
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| 19 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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First MOTION for Leave to File Notice Rescheduling Mediation by 71CA804. (Aronfeld, Spencer)
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Request |
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| 129 |
Filed: 8/12/2019, Entered: 8/12/2019 |
Order (PAPERLESS or pdf attached) |
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Request |
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| 18 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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NOTICE of Mediator Hearing. Mediation Hearing set for 11/16/2017 at 10:00 a.m.. (Essington, Michael)
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Request |
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| 128 |
Filed: 8/12/2019, Entered: 8/12/2019 |
Settlement |
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Request |
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| 17 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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ENDORSED ORDER Scheduling Mediation. The parties will attend a mediation conference in this matter with Mediator Michael Essington on November 16, 2017 at 10:00 a.m., at 1221 Brickell Avenue, Suite 2400, Miami, Florida 33131. The parties shall not reschedule the conference outside of the mediation deadline set forth in the scheduling order without leave of the Court. Failure to comply with this Order may result in sanctions. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The Report shall also indicate whether the case settled (in full or in part), whether the parties consented to continue the mediation, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 10/25/2017. (ase)
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Filed: 6/6/2019, Entered: None |
~Util - Terminate Hearings |
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Request |
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| 16 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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NOTICE of Mediator Selection and Hearing. Added Michael Patrick Essington. Mediation Hearing set for 11/16/2017 at 10:00 a.m.. (Attachments: # 1 Text of Proposed Order)(Aronfeld, Spencer)
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Request |
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Filed: 6/6/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 15 |
Filed: 10/13/2017, Entered: 10/13/2017 |
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NOTICE of Mediator Selection. Added Michael Patrick Essington. (Aronfeld, Spencer)
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Request |
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Filed: 5/30/2019, Entered: None |
Order Setting Hearing on Motion |
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Request |
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| 14 |
Filed: 8/28/2017, Entered: 8/28/2017 |
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ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 7/9/2018 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 7/5/2018 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 10/27/2017., Expert Discovery due by 3/9/2018., Fact Discovery due by 1/26/2018., Joinder of Parties due by 10/27/2017., Final proposed jury instructions and verdict form Deadline 6/29/2018., In Limine Motions due by 6/1/2018., Dispositive Motions due by 2/2/2018., Daubert and Markman Motions due by 3/16/2018., Pretrial Stipulation due by 6/1/2018.), ORDER REFERRING CASE to Mediation. Mediation Deadline 3/23/2018. Signed by Judge Marcia G. Cooke on 8/28/2017. (tm) 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.
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Request |
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| 120 |
Filed: 5/29/2019, Entered: 5/29/2019 |
Clarification |
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Request |
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| 13 |
Filed: 8/26/2017, Entered: 8/26/2017 |
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NOTICE by 71CA804 Notice of Termination of Counsel (Aronfeld, Spencer)
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Request |
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| 119 |
Filed: 5/28/2019, Entered: 5/28/2019 |
Order on Motion for sanctions |
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ORDER on 52 Plaintiff's ESI Spoliation Sanctions Motion. Signed by Magistrate Judge Jonathan Goodman on 5/28/2019. See attached document for full details. (km03)
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Request |
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| 12 |
Filed: 8/24/2017, Entered: 8/24/2017 |
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Joint SCHEDULING REPORT - Rule 26(f) by 71CA804 (Aronfeld, Spencer)
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Request |
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Filed: 5/7/2019, Entered: None |
Order (PAPERLESS or pdf attached) |
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Request |
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| 11 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement by Carnival Corporation (Tejera, Valentina)
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Request |
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Filed: 5/1/2019, Entered: None |
Scheduling Order |
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Request |
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| 10 |
Filed: 7/20/2017, Entered: 7/20/2017 |
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ANSWER and Affirmative Defenses to Complaint by Carnival Corporation. Attorney Valentina M. Tejera added to party Carnival Corporation(pty:dft). (Tejera, Valentina)
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Request |
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Filed: 5/1/2019, Entered: None |
~Util - Case Reopened |
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Request |
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| 9 |
Filed: 7/18/2017, Entered: 7/18/2017 |
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SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by 71CA804. 71CA804 served on 6/30/2017, answer due 7/21/2017. (Aronfeld, Spencer)
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Request |
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Filed: 4/11/2019, Entered: None |
Order Setting Status Conference |
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Request |
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| 8 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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ORDER EXPEDITING SERVICE, (Expedited Service Deadline 8/28/2017.) Signed by Judge Marcia G. Cooke on 6/27/2017. (tm)
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Request |
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| 98 |
Filed: 8/3/2018, Entered: 8/3/2018 |
Continue |
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Request |
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| 7 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 6/27/2017. (tm)
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Request |
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| 96 |
Filed: 7/28/2018, Entered: 7/27/2018 |
In Limine |
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Request |
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| 6 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters Signed by Judge Marcia G. Cooke on 6/27/2017. (tm)
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Request |
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| 91 |
Filed: 7/19/2018, Entered: 7/19/2018 |
Continue |
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Request |
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| 5 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Nature of Suit when filing. The correction was made. It is not necessary to re-file this document. (lrz1)
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| 86 |
Filed: 5/24/2018, Entered: 5/24/2018 |
Extension of Time to File Response/Reply/Answer |
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Request |
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| 4 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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Summons Issued as to Carnival Corporation. (lrz1)
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Request |
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| 84 |
Filed: 5/12/2018, Entered: 5/11/2018 |
Strike |
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Request |
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| 3 |
Filed: 5/30/2017, Entered: 5/30/2017 |
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Clerks Notice pursuant to 28 USC 636(c). 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 attached form. It is not necessary to file a document indicating lack of consent. (lrz1)
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Request |
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| 81 |
Filed: 5/9/2018, Entered: 5/9/2018 |
Extension of Time to File Response/Reply/Answer |
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Request |
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| 2 |
Filed: 5/26/2017, Entered: 5/30/2017 |
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Judge Assignment to Judge Marcia G. Cooke (lrz1)
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| 52 |
Filed: 3/2/2018, Entered: 3/2/2018 |
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MOTION for Sanctions for Spoliation of Evidence by Diane Williford. (Attachments: # 1 Exhibit Shipboard Medical Records, # 2 Exhibit Broward Health Record, # 3 Exhibit D's Initial Responses to P's Initial RFP, # 4 Exhibit D's Supplemental Response to P's Initial RFPs as to X-Rays, # 5 Exhibit D's Notice of Compliance with [DE 51], # 6 Exhibit Disclosure of Dr. Suite)(Hayashi, Matthias) Reopened motion per chambers due to stay lifted on 5/28/2019 (mf). (Entered: 03/02/2018)
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Request |
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| 1 |
Filed: 5/26/2017, Entered: 5/26/2017 |
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COMPLAINT and Demand for Jury Trial against All Defendants. Filing fees $ 400.00 receipt number 113C-9769168, filed by 71CA804. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Aronfeld, Spencer)
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Request |
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Update
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