McCurley v. Royal Seas Cruises, Inc.
| John McCurley |
| Royal Seas Cruises, Inc. |
| 3:2017cv00986 |
| May 12, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Andrew G. Schopler |
| Other Statutory Actions |
| 47 U.S.C. ยง 0227 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
259
ORDER Denying Defendant's Renewed Motion to Certify Class and Provisionally Granting Defendant's Motions to Exclude Reports and Testimony [ECF Nos. 232 , 233 , 234 , 241 ]. Signed by District Judge Robert S. Huie on 9/30/2022. (All non-registered users served via U.S. Mail Service) (tcf)
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Filing
208
ORDER: (1) Granting Defendant's Amended Motion for Summary Judgment (ECF No. 165 ); and (2) Denying Plaintiffs' Motion for Summary Judgment (ECF No. 160 ). Court finds the remaining motions (ECF Nos. 151 , 159 , 163 and 164 ) are all moot. Clerk is directed to enter a judgment in favor of Defendant and against Plaintiffs and to close the case. Signed by Judge Cynthia Bashant on 1/28/21. (jmo)
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Filing
207
ORDER Denying Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 196 ). Signed by Judge Cynthia Bashant on 1/28/21. (jmo)
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Filing
198
ORDER Granting in Part Plaintiff's Motion for Sanctions (ECF No. 192 ). The Court awards monetary sanctions against Defendant and in favor of Plaintiffs in the amount of $48,622.22, consisting of $46,298.50 in attorneys'fees and $2,323.72 in costs. Signed by Judge Cynthia Bashant on 12/3/20. (jmo)
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Filing
191
ORDER: Granting Plaintiffs' Motion to Decertify in Part [ECF No. 132 ]; (2) Denying Defendant's Motion to Decertify [ECF No. 143 ]. Signed by Judge Cynthia Bashant on 8/10/2020. (anh)
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Filing
190
ORDER Granting in Part and Denying in Part Plaintiffs' First Amended Motion to Strike Witness Declarations, for Restraining Order, For Monetary Sanctions, and for Disqualification of Counsel (ECF No. 129 ). Plaintiffs' motion to strike wit ness declarations is granted. The Court grants Plaintiffs' Request for Monetary Sanctions. Plaintiffs counsel is ordered to file a detailed request for attorneys and other fees, detailing the costs of bringing the instant Motion by 8/14/20. Any opposition must be filed by 8/28/20. Any reply should be filed by 9/4/20. The Court denies Plaintiff's motion for disqualification of defense counsel. Signed by Judge Cynthia Bashant on 7/31/20. (jmo)
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Filing
187
ORDER Denying Motion to Stay as Moot (ECF No. [122)]. Signed by Judge Cynthia Bashant on 7/6/20. (jmo)
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Filing
106
ORDER granting in part and denying in part Plaintiffs' 100 Motion for Approval of Proposed Class Notice Plan. Court grants Plaintiffs' motion as it concerns the proposed Direct Notice Plan. Court denies Plaintiffs' motion insofar a s Plaintiffs seek to provide publication notice. Plaintiffs shall amend their notices in accordance with this Order. Plaintiffs shall amend the notices to reflect that any trial date is subject to further change depending on the Court's schedule or the needs of the case. Plaintiffs shall file copies of the amended notices with Court by 8/28/2019. Plaintiffs shall complete the Direct Notice Plan by 11/1/2019. Class Members shall opt-out by 12/2/2019. Signed by Judge Cynthia Bashant on 8/14/2019. (jah)
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Filing
104
ORDER granting in part and denying in part Defendant Royal Seas Cruises, Inc.'s 94 Motion for Leave to File Amended Answer. Defendant may file an amended answer that includes any approved amendments by 7/16/2019. Court will sua sponte strike from any amended answer amendments that do not comply with this Order. Signed by Judge Cynthia Bashant on 7/10/2019. (jah) (Main Document 104 replaced on 7/10/2019). Modified on 7/10/2019 - Image corrected. Regenerated NEF (jah).
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Filing
87
ORDER granting in part and denying in part Plaintiffs' 49 Motion to Certify Class; denying Defendant's 56 Motion to Exclude Testimony of Wesley Weeks; denying Defendant's 57 Motion to Exclude testimony and Report of Christina Peters-Stasiewicz. Court certifies the TCPA claims pursuant to Rule 23(b)(3). Court appoints Plaintiffs McCurley and Deforest as representatives for the Class and the Transfer Subclass presently certified. Pursuant to Rule 23(g) Plaintiffs' coun sel is appointed as Class Counsel. Pursuant to FRCP 23(c)(2)(B), the parties are ordered to meet and confer, and submit to Court an agreed-upon form of class notice. The proposed notice and plan of dissemination shall be filed by 4/30/2019. Court denies Royal's Rule 702 Motions 56 , 57 . Signed by Judge Cynthia Bashant on 3/27/2019.
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Filing
50
ORDER Granting 47 Motion for Leave to File Document Under Seal. The Court grants Plaintiffs' motion to seal. The proposed sealed lodged document (ECF No. 48) shall remain under seal. Signed by Judge Cynthia Bashant on 7/31/2018. (rmc)
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