Dick v. American Airlines, Inc et al
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:05-cv-10446-GAO

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No Logo Eileen Dick, Plaintiff

Toggle Switch Represented by spillanelawoffices.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Kathleen L. Kane +1 617 328 9100 +1 617 328 8373 KKane@spillanelawoffices.com
v.
American Airlines, Inc. American Airlines, Inc., Defendant
AMR Corporation Officer/Director, AMR Corporation
Officer/Director, Orbitz Inc

Toggle Switch Represented by Morrison Mahoney, LLP

Name Phone Fax E-Mail
Space Tory A. Weigand +1 617 737 8827 +1 617 342 4947 tweigand@morrisonmahoney.com
No Logo Worldwide Flight Services, Inc., Defendant

Toggle Switch Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Carey L. Bertrand +1 617 422 5300 +1 617 423 6917 carey.bertrand@wilsonelser.com
Space Geoffrey M. Coan +1 617 422 5300 +1 617 423 6917 geoffrey.coan@wilsonelser.com
Space Maynard M. Kirpalani +1 617 422 5300 +1 617 423 6917 maynard.kirpalani@wilsonelser.com
Office Boston
Filed 3/9/2005
Jury Demand None
Demand
Nature of Suit 310 - Personal Injury: Airplane
Cause Section 28 U.S.C. § 1332 Diversity-Airline Crash
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Suffolk
Terminated 10/9/2007
Origin 2
Reopened
Lead Case
105-cv-10446-GAO None
Related Case
Other Court Case SUC2005-0466[Suffolk Superior Court]
Def Custody Status
Flag CLOSED
  Entries (49) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 33 Filed: 10/29/2007, Entered: 10/29/2007 Stipulation of Dismissal
STIPULATION of Dismissal by Eileen Dick, American Airlines, Inc, Worldwide Flight Services, Inc.. (Weigand, Tory)
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    Blank -- Filed: 10/9/2007, Entered: 10/9/2007 Terminated Case
    Civil Case Terminated. (Lyness, Paul)
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      Blank -- Filed: 10/9/2007, Entered: 10/9/2007 Settlement Order of Dismissal
      Judge George A. O'Toole Jr.: Electronic ORDER entered. SETTLEMENT ORDER OF DISMISSAL- It is ORDERED that this action is hereby dismissed without costs and without prejudice to the right of any party, upon good cause shown, to reopen the action within 30 days if settlement is not consummated. (Lyness, Paul)
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        Blank -- Filed: 4/25/2007, Entered: 4/26/2007 Status Conference
        ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 4/25/2007. Final Pretrial Conference set for 10/11/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Jury Trial set for 10/22/2007 09:00 AM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)
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          Blank -- Filed: 4/2/2007, Entered: 4/2/2007 Notice of Hearing.
          ELECTRONIC NOTICE of Hearing : Status Conference set for 4/25/2007 02:15 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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            Legal Document 32 Filed: 3/12/2007, Entered: 3/12/2007 OrderCourt Filing
            Judge George A. O'Toole Jr.: ORDER entered. re [13] MOTION for Summary Judgment filed by Worldwide Flight Services, Inc.[15] MOTION for Summary Judgment filed by American Airlines Inc,. "...In the end, the principal question is how proximate the circumstances of the accident are - in time, space, and purpose - to the physical activity of getting on (or off) the plane. Not every action in the chain of activity that culminates in the physical boarding of the airplane is properly seen, consistent with the objectives of the Convention, as part of the "operations of embarking." Here, I conclude that traveling within the terminal toward the boarding gate is not within the "operations of embarking" as envisioned by Article 12. That being so, the Convention does not preempt the state law claims and those claims are not time-barred. Conclusion: For the foregoing reasons, I DENY both American Airlines' motion for summary judgment (dkt. no. 15) and Worldwide Flight Services, Inc's motion for summary judgment. (dkt. no. 13.) IT IS SO ORDERED. (Edge, Eugenia)
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              Blank -- Filed: 3/12/2007, Entered: 3/12/2007 Order on Motion for Summary Judgment
              Judge George A. O'Toole Jr.: Electronic ORDER entered denying [13] Motion for Summary Judgment, denying [15] Motion for Summary Judgment. See Order (dkt no.32). (Edge, Eugenia)
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                Blank -- Filed: 1/30/2007, Entered: 1/31/2007 Motion Hearing
                ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Motion Hearing held on 1/30/2007 re [13] MOTION for Summary Judgment filed by Worldwide Flight Services, Inc.,, [15] MOTION for Summary Judgment filed by American Airlines, Inc,. the court takes the matter under advisement. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                  Blank -- Filed: 12/21/2006, Entered: 12/21/2006 Notice of Hearing on Motion
                  ELECTRONIC NOTICE of Hearing on Motion [13] MOTION for Summary Judgment, [15] MOTION for Summary Judgment: Motion Hearing set for 1/30/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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                    Legal Document 31 Filed: 6/19/2006, Entered: 6/19/2006 Reply to Response to Motion
                    REPLY to Response to Motion re [13] MOTION for Summary Judgment filed by Worldwide Flight Services, Inc.. (Coan, Geoffrey)
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                      Legal Document 30 Filed: 6/19/2006, Entered: 6/19/2006 Reply to Response to Motion
                      REPLY to Response to Motion re [15] MOTION for Summary Judgment filed by American Airlines, Inc. (Weigand, Tory)
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                        Blank -- Filed: 6/16/2006, Entered: 6/16/2006 Order on Motion For Leave to File.
                        Judge George A. O'Toole Jr.: Electronic ORDER entered granting [24] Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures, granting [25] Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures (Lyness, Paul)
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                          Blank -- Filed: 6/13/2006, Entered: 6/13/2006 Notice of correction to docket made by Court staff.
                          Notice of correction to docket made by Court staff. Correction: Entries #26 & #27 corrected because: Electronically filed as response other. Should have been electronically filed as opposition to motion. Both redocketed (#28 & #29) as opposition. (Edge, Eugenia)
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                            Legal Document 29 Filed: 6/12/2006, Entered: 6/13/2006 Opposition to Motion
                            Opposition re [25] MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment filed by Eileen Dick. (Edge, Eugenia)
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                              Legal Document 28 Filed: 6/12/2006, Entered: 6/13/2006 Opposition to Motion
                              Opposition re [24] MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment filed by Eileen Dick. (Edge, Eugenia)
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                                Legal Document 27 Filed: 6/12/2006, Entered: 6/12/2006 Response
                                **See notice of correction dated 6/13/06** Response by Eileen Dick to Worldwide Flight Services Leave to File Reply Memorandum. (Kane, Kathleen) Modified on 6/13/2006 (Edge, Eugenia).
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                                  Legal Document 26 Filed: 6/12/2006, Entered: 6/12/2006 Response
                                  **See notice of correction dated 6/13/06** Response by Eileen Dick to American Airlines Leave to File Reply Memorandum. (Kane, Kathleen) Modified on 6/13/2006 (Edge, Eugenia).
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                                    Legal Document 25 Filed: 6/7/2006, Entered: 6/7/2006, Terminated: 6/16/2006 Motion for Leave to File
                                    MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment by Worldwide Flight Services, Inc..(Coan, Geoffrey)
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                                      Legal Document 24 Filed: 6/7/2006, Entered: 6/7/2006, Terminated: 6/16/2006 Motion for Leave to File
                                      MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment by American Airlines, Inc.(Weigand, Tory)
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                                        Legal Document 23 Filed: 5/31/2006, Entered: 5/31/2006 Response to Motion
                                        Memorandum of Law in Support of Opposition re [15] MOTION for Summary Judgment filed by Eileen Dick. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Kane, Kathleen) Modified on 6/2/2006 to add text (Edge, Eugenia).
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                                          Legal Document 22 Filed: 5/31/2006, Entered: 5/31/2006 Memorandum in Support of Motion
                                          MEMORANDUM of Law in Support of Opposition re [13] MOTION for Summary Judgment filed by Eileen Dick. (Attachments: # (1) Exhibit A# (2) Affidavit B)(Kane, Kathleen) Modified on 6/2/2006 to add text(Edge, Eugenia).
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                                            Legal Document 21 Filed: 5/30/2006, Entered: 5/30/2006 Memorandum in Opposition to Motion
                                            **Duplicative document to entry #19. Correct event used for this entry. This entry includes exhibits**First MEMORANDUM in Opposition re [15] MOTION for Summary Judgment filed by Eileen Dick. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Kane, Kathleen) Modified on 5/31/2006 to add text (Edge, Eugenia).
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                                              Legal Document 20 Filed: 5/30/2006, Entered: 5/30/2006 Memorandum in Opposition to Motion
                                              **Duplicative document to entry #18. Correct event used for this entry. This entry includes exhibits** First MEMORANDUM in Opposition re [13] MOTION for Summary Judgment filed by Eileen Dick. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Kane, Kathleen) Modified on 5/31/2006 to add text. (Edge, Eugenia).
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                                                Legal Document 19 Filed: 5/30/2006, Entered: 5/30/2006 Response to Motion
                                                **See entry #21 for correct filing** First RESPONSE to Motion re [15] MOTION for Summary Judgment filed by Eileen Dick. (Kane, Kathleen) Additional attachment(s) added on 5/31/2006 (Edge, Eugenia). Modified on 5/31/2006 to add text (Edge, Eugenia).
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                                                  Legal Document 18 Filed: 5/30/2006, Entered: 5/30/2006 Response to Motion
                                                  **See entry # 20 for correct filing** First RESPONSE to Motion re [13] MOTION for Summary Judgment filed by Eileen Dick. (Kane, Kathleen) Modified on 5/31/2006 to add text (Edge, Eugenia).
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                                                    Blank -- Filed: 5/30/2006, Entered: 5/31/2006 Notice of correction to docket made by Court staff.
                                                    Notice of correction to docket made by Court staff. Correction: Entries# 18, 19, 20 & 21 corrected because: entries #18 & #19 filed as responses without exhibits. Atty. re-filed (# 20 & 21) as memo in opposition with exhibits. (Edge, Eugenia)
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                                                      Legal Document 17 Filed: 5/16/2006, Entered: 5/16/2006 Affidavit in Support of Motion
                                                      AFFIDAVIT in Support re [15] MOTION for Summary Judgment filed by American Airlines, Inc. (Weigand, Tory)
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                                                        Legal Document 16 Filed: 5/16/2006, Entered: 5/16/2006 Memorandum in Support of Motion
                                                        MEMORANDUM in Support re [15] MOTION for Summary Judgment filed by American Airlines, Inc. (Weigand, Tory)
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                                                          Legal Document 15 Filed: 5/16/2006, Entered: 5/16/2006, Terminated: 3/12/2007 Motion for Summary Judgment
                                                          MOTION for Summary Judgment by American Airlines, Inc. (Attachments: # (1) Exhibit A# (2) Exhibit B-G)(Weigand, Tory)
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                                                            Legal Document 14 Filed: 5/16/2006, Entered: 5/16/2006 Memorandum in Support of Motion
                                                            MEMORANDUM in Support re [13] MOTION for Summary Judgment filed by Worldwide Flight Services, Inc.. (Attachments: # (1) Exhibit Plaintiff's Deposition Transcript# (2) Exhibit Contract# (3) Exhibit Plaintiff's Complaint)(Coan, Geoffrey)
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                                                              Legal Document 13 Filed: 5/16/2006, Entered: 5/16/2006, Terminated: 3/12/2007 Motion for Summary Judgment
                                                              MOTION for Summary Judgment by Worldwide Flight Services, Inc..(Coan, Geoffrey)
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                                                                Blank -- Filed: 4/18/2006, Entered: 4/18/2006 Status Conference
                                                                ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 4/18/2006. Defendants to file a summary judgment motion on or before May 15, 2006, with opposition to be filed within 14 days thereafter. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                                                                  Blank -- Filed: 3/20/2006, Entered: 3/20/2006 Notice of Hearing.
                                                                  NOTICE of Hearing: Status Conference set for 4/18/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly.(Lyness, Paul)
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                                                                    Blank -- Filed: 12/14/2005, Entered: 12/14/2005 Status Conference
                                                                    ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 12/14/2005. Settlement discussions ongoing. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                                                                      Blank -- Filed: 10/17/2005, Entered: 10/17/2005 Notice of Hearing.
                                                                      NOTICE of Hearing: Status Conference set for 12/14/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)
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                                                                        Blank -- Filed: 8/3/2005, Entered: 8/4/2005 Scheduling Conference
                                                                        Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Scheduling Conference held on 8/3/2005. The joint statement submitted by counsel is adopted by the court through completion of discovery. Discovery due by 3/31/2006. Status Conference set for 12/14/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)
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                                                                          Legal Document 12 Filed: 8/1/2005, Entered: 8/1/2005 Joint statement re scheduling conference
                                                                          JOINT STATEMENT re scheduling conference. (Coan, Geoffrey)
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                                                                            Legal Document 11 Filed: 8/1/2005, Entered: 8/1/2005 Joint statement re scheduling conference
                                                                            ***PLEASE DISREGARD THIS ENTRY. WRONG DOCUMENT ATTACHED. SEE ENTRY #12 FOR JOINT STATEMENT*** JOINT STATEMENT re scheduling conference. (Coan, Geoffrey) Modified on 8/4/2005 (Edge, Eugenia).
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                                                                              Legal Document 10 Filed: 6/1/2005, Entered: 6/1/2005 Notice of Scheduling ConferenceCourt Filing
                                                                              NOTICE of Scheduling Conference Scheduling Conference set for 8/3/2005 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly.(Lyness, Paul)
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                                                                                Legal Document 9 Filed: 4/27/2005, Entered: 4/27/2005 Certification pursuant to Local Rule 16.1
                                                                                CERTIFICATION pursuant to Local Rule 16.1 by American Airlines, Inc.(Weigand, Tory)
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                                                                                  Legal Document 8 Filed: 4/13/2005, Entered: 4/13/2005 Answer
                                                                                  Jury Claim and ANSWER to Complaint by American Airlines, Inc.(Weigand, Tory)
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                                                                                    Legal Document 7 Filed: 3/29/2005, Entered: 3/29/2005 OrderCourt Filing
                                                                                    Judge George A. O'Toole Jr.: ORDER entered. "...Since these two filings are exactly the same action, Civil action No. 05-10455-GAO shall be consolidated into the first-filed civil action no. 05-10446-GAO and all future filings shall be made solely in Civil Action No. 05-10446-GAO." cc/cl(Edge, Eugenia)
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                                                                                      Legal Document 6 Filed: 3/29/2005, Entered: 3/29/2005 state court record
                                                                                      STATE COURT Record. (Attachments: # (1) state docket# (2) state civil action sheet# (3) state complaint# (4) notice of removal)(Edge, Eugenia)
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                                                                                        Legal Document 5 Filed: 3/17/2005, Entered: 3/17/2005 Notice of Appearance/
                                                                                        NOTICE of Appearance by Carey Louise Bertrand on behalf of Worldwide Flight Services, Inc. (Bertrand, Carey)
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                                                                                          Legal Document 4 Filed: 3/17/2005, Entered: 3/17/2005 Certificate of Consultation
                                                                                          CERTIFICATE OF CONSULTATION by Carey Louise Bertrand on behalf of Worldwide Flight Services, Inc.. (Bertrand, Carey) Additional attachment(s) added on 3/17/2005 (Edge, Eugenia).
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                                                                                            Legal Document 3 Filed: 3/16/2005, Entered: 3/16/2005 Corporate Disclosure Statement
                                                                                            CORPORATE DISCLOSURE STATEMENT by Worldwide Flight Services, Inc.. (Bertrand, Carey)
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                                                                                              Legal Document 2 Filed: 3/16/2005, Entered: 3/16/2005 Answer
                                                                                              ANSWER to Complaint by Worldwide Flight Services, Inc..(Bertrand, Carey)
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                                                                                                Legal Document 1 Filed: 3/9/2005, Entered: 3/11/2005 Notice of Removal
                                                                                                NOTICE OF REMOVAL by Worldwide Flight Services, Inc. from Suffolk Superior Court, case number SUC2005-0466. $ 250, receipt number 62597, filed by Worldwide Flight Services, Inc.. (Attachments: # (1) Exhibit - copy of state court docs# (2) Civil cover and category sheet)(Edge, Eugenia)
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                                                                                                  Blank -- Filed: 3/9/2005, Entered: 3/11/2005 Magistrate Judge Assignment
                                                                                                  If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Collings. (Edge, Eugenia)
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