Power et al v. Royal Hyway Tours, Inc. et al
| Jennifer B. Power and Jennifer J. Trowbridge |
| Royal Hyway Tours, Inc. and Gray Line of Alaska |
| 3:2022cv00275 |
| December 19, 2022 |
| US District Court for the District of Alaska |
| Sharon L Gleason |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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| Filing 50 SLG TEXT ORDER: In light of the Notice of Settlement at Docket #49 , all deadlines in this matter, including the Scheduling and Planning Conference Report, are VACATED. A status report regarding the settlement or a stipulation of dismissal shall be filed no later than March 10, 2023. (CFR, CHAMBERS STAFF) |
| Filing 49 NOTICE of Settlement by Royal Hyway Tours, Inc. (Cruickshank, George) |
| Filing 48 NOTICE of Appearance by George M. Cruickshank on behalf of Royal Hyway Tours, Inc. (Cruickshank, George) |
Filing 47
ORDER RE SCHEDULING & PLANNING CONFERENCE REPORT FOLLOWING TRANSFER: No timely report was filed. Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 15 days of service of this order. (RMC, COURT STAFF)
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Filing 46
ORDER RE SCHEDULING & PLANNING CONFERENCE REPORT FOLLOWING TRANSFER: Scheduling Order previously entered at Docket 18 is VACATED. Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Sharon L. Gleason on 12/22/22. (JLH, COURT STAFF)
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| Filing 45 Case transferred in from District of Connecticut; Case Number 3:21-cv-01145. Original file certified copy of transfer order and docket sheet received. |
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Filing 44
ORDER granting #43 Motion for Extension of Time To Extend Transfer Date. This is the final extension of time to transfer that will be granted. The Clerk is to transfer the case if it is still open on December 16, 2022. Signed by Judge Vanessa L. Bryant on 11/14/2022. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Filing 43 MOTION for Extension of Time until 12/15/2022 To Extend Transfer Date by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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Filing 42
ORDER granting #41 Motion for Extension of Time. The Clerk is directed to delay transferring this matter to the District of Alaska until November 10, 2022. If the parties reach a settlement agreement in this matter prior to the scheduled transfer date, they are to notify the Court as soon as practicable. Signed by Judge Vanessa L. Bryant on 9/27/2022. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Filing 41 Joint MOTION for Extension of Time until November 10, 2022 Extend Transfer Date by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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Filing 40
ORDER granting #16 Motion to Dismiss for Lack of Jurisdiction. The Clerk is directed to transfer this case to the District of Alaska. Signed by Judge Vanessa L. Bryant on 9/23/2022. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
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Filing 39
ORDER granting #38 Joint MOTION for Extension of Time to Enlarge the Discovery Deadline. An amended scheduling order is to follow. Signed by Judge Vanessa L. Bryant on 8/18/2022. (Mullings, Ricardo) [Transferred from Connecticut on 12/19/2022.]
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| Filing 38 Joint MOTION for Extension of Time Joint Motion to Enlarge the Discovery Deadline by Royal Hyway Tours, Inc.. (Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
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Filing 37
ORDER granting #35 Motion for Attorney Andr M. Picciurro to Appear Pro Hac Vice. Certificate of Good Standing due by 9/20/2022. Signed by Clerk on 7/22/2022. (Velez, F.) [Transferred from Connecticut on 12/19/2022.]
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| Filing 36 CERTIFICATE OF GOOD STANDING re #35 MOTION for Attorney(s) Andr M. Picciurro to be Admitted Pro Hac Vice (includes a request to waive the fee) by Royal Hyway Tours, Inc.. (Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 35 MOTION for Attorney(s) Andr M. Picciurro to be Admitted Pro Hac Vice (includes a request to waive the fee) by Royal Hyway Tours, Inc.. (Attachments: #1 Exhibit A - Affidavit)(Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
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Filing 34
ORDER denying #33 MOTION for Attorney(s) ANDR M. PICCIURRO to be Admitted Pro Hac Vice because Attorney Picciurro's affidavit is noncompliant with Local Rule 83.1(d)(1)(b) which states that "the motion shall be accompanied by an affidavit... (b) identifying the bar of each court of which said attorney is and has ever been a member, and the corresponding bar identification number(s); or if no such numbers have been assigned[.]" The affidavit does not contain all bar membership numbers and does not indicate whether such numbers have been assigned. The affidavit is also missing a fax number as required under Local Rule 83.1(d)(1)(a). The Court denies the motion without prejudice. Signed by Judge Vanessa L. Bryant on 7/18/2022. (Mullings, Ricardo) [Transferred from Connecticut on 12/19/2022.]
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| Filing 33 MOTION for Attorney(s) ANDR M. PICCIURRO to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6999789) by Royal Hyway Tours, Inc.. (Attachments: #1 Exhibit A-Andre Picciurro Affidavit)(Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 32 Minute Entry for proceedings held before Judge Vanessa L. Bryant: discovery status teleconference held on 6-1-2022. No discovery has transpired. The scheduling order deadlines will remain as-is. Total Time: 9 minutes. (Court Reporter A. Gaskins, ECRO.) (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 31 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. TIME CHANGE FROM 4:00 PM. Discovery status teleconference is now set for 6-1-2022 at 11:30 AM before Judge Vanessa L. Bryant. Please dial 888-251-2909 and enter 2429024# as the access code to participate. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 30 REPLY to Response to #16 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiffs' Amended Complaint Plaintiffs' Sur Reply Brief filed by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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Filing 29
ORDER granting #28 Motion to File a Sur-reply. Signed by Judge Vanessa L. Bryant on 2/28/2022. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Filing 28 MOTION for Permission to file a Sur-Reply by Consent to the Defendants' Reply in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint for Lack of Personal Jurisdiction dated 2/17/2022 Order by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 27 REPLY to Response to #16 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiffs' Amended Complaint filed by Royal Hyway Tours, Inc.. (Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 26 Memorandum in Opposition to defendant, Royal Hyway Tours, Inc.'s, Motion to Dismiss Plaintiffs' Amended Complaint for Lack of Personal Jurisdiction re #16 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiffs' Amended Complaint filed by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 25 OBJECTION to defendant, Royal Hyway Tours, Inc.'s, Motion to Dismiss Plaintiffs' Amended Complaint for Lack of Personal Jurisdiction filed by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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Filing 24
ORDER granting #23 Motion for Extension of Time to file a response to the Defendants' Motion to Dismiss. The deadline to respond is extended to February 4, 2022. Signed by Judge Vanessa L. Bryant on 1/28/2022. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Reset deadline as to #16 MOTION to Dismiss: response is now due by 2-4-2022 per Dkt. 24 Order. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 23 MOTION for Extension of Time until February 4, 2022 by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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Filing 22
ORDER granting #18 Motion for Extension of Time. Plaintiffs' deadline to respond to #16 Defendants' Motion to Dismiss is extended to 1/28/2022. Signed by Judge Vanessa L. Bryant on 11/10/2021. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Reset deadline re #16 MOTION to Dismiss: Response is now due by 1-28-2022 per Dkt. 22 Order. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 21 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 6-1-2022 at 4:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are to dial 888-251-2909 and enter 2429024# as the access code. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
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Filing 20
ORDER finding as moot #12 Motion to Dismiss for Lack of Jurisdiction. Defendants filed a renewed #16 motion to dismiss in response to the amended complaint. That motion is pending. This motion is now moot in light of the new motion. Signed by Judge Vanessa L. Bryant on 10/29/2021. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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Filing 19
SCHEDULING ORDER: The Court sets the following case management deadlines in light of the parties Rule 26(f) report, Dkt. #17 . A discovery status teleconference will take place on 6/1/2022 at 4:00 pm. All discovery, including but not limited to depositions of expert witnesses, shall be completed by 9/1/2022. Dispositive motions are due by 11/1/2022. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 12/20/2022, and jury selection will take place on 1/17/2023 at 09:30 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 6/20/2023, and jury selection will take place on 8/15/2023 at 09:30 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. Counsel shall be prepared to present evidence on any day during the month that the jury trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices #5 -- including the deadlines and format of filings -- when completing and filing the JTM, which shall be accompanied by the voir dire questions, jury instructions, and motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than 2 weeks before jury selection. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 10/29/2021. (Burlingham, Corinne) [Transferred from Connecticut on 12/19/2022.]
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| Filing 18 MOTION for Extension of Time until 01/28/2022 To Plead By Consent by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss Plaintiffs' Amended Complaint by Royal Hyway Tours, Inc..Responses due by 11/3/2021 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Jennifer B. Power, Jennifer J. Trowbridge.(Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 14 Corporate Disclosure Statement by Royal Hyway Tours, Inc. identifying Corporate Parent Holland America Line, Inc. for Royal Hyway Tours, Inc.. (Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 13 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A., No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 9-17-2021. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Royal Hyway Tours, Inc..Responses due by 10/8/2021 (Attachments: #1 Memorandum in Support, #2 Supplement Declaration of James Colwell)(Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 11 NOTICE of Appearance by Greil Roberts on behalf of Royal Hyway Tours, Inc. (Roberts, Greil) [Transferred from Connecticut on 12/19/2022.] |
| Filing 10 SUMMONS Returned Executed by Jennifer B. Power, Jennifer J. Trowbridge. Royal Hyway Tours, Inc. served on 8/27/2021, answer due 9/17/2021. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 9 SUMMONS Returned Executed by Jennifer B. Power, Jennifer J. Trowbridge. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 8 SUMMONS Returned Executed by Jennifer B. Power, Jennifer J. Trowbridge. Gray Line of Alaska served on 9/2/2021, answer due 9/23/2021. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Gray Line of Alaska, Royal Hyway Tours, Inc.* with answer to complaint due within *21* days. Attorney *Daniel H. Cotter* *Cotter, Cotter & Mullins* *6515 Main St., 2nd Fl., Suite 10* *Trumbull, CT 06611*. (Shafer, J.) [Transferred from Connecticut on 12/19/2022.] |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #5 Order Re: Chambers Practices, #1 Complaint, filed by Jennifer B. Power, Jennifer J. Trowbridge, #4 Standing Protective Order, #3 Electronic Filing Order. Signed by Clerk on 8/26/2021. (Velez, F.) [Transferred from Connecticut on 12/19/2022.] |
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Filing 5
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered. Signed by Judge Vanessa L. Bryant on 8/26/2021. (Velez, F.) [Transferred from Connecticut on 12/19/2022.]
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Filing 4
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 8/26/2021. (Velez, F.) [Transferred from Connecticut on 12/19/2022.]
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 8/26/2021. (Velez, F.) [Transferred from Connecticut on 12/19/2022.]
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/25/2021; Discovery due by 2/25/2022; Dispositive Motions due by 4/1/2022. Signed by Clerk on 8/26/2021. (Velez, F.) [Transferred from Connecticut on 12/19/2022.]
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| Filing 1 COMPLAINT against Gray Line of Alaska, Royal Hyway Tours, Inc. ( Filing fee $402 receipt number ACTDC-6625242.), filed by Jennifer B. Power, Jennifer J. Trowbridge.(Cotter, Daniel) Modified on 8/26/2021 to correct party (Anastasio, F.). [Transferred from Connecticut on 12/19/2022.] |
| Judge Vanessa L. Bryant added. (Anastasio, F.) [Transferred from Connecticut on 12/19/2022.] |
| Request for Clerk to issue summons as to All Defendants. (Cotter, Daniel) [Transferred from Connecticut on 12/19/2022.] |
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