Howard v. Unique Vacations Inc., et al
| Laura Howard |
| Unique Vacations,Inc., Sandals Resorts International, Ltd doing business as Sandals and Johnson Outdoors Diving LLC |
| 3:2024cv00109 |
| January 17, 2024 |
| US District Court for the Southern District of California |
| Jeffrey T Miller |
| Bernard G Skomal |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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Filing 55
Order Discharging Order to Show Cause and Setting Deadline to Respond to Complaint, ( Response to Complaint due by 3/18/2024). Signed by Judge Jeffrey T. Miller on 2/28/2024.(dim) (jmo).
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| Filing 54 RESPONSE TO ORDER TO SHOW CAUSE by Johnson Outdoors Diving LLC. (Odegaard, Sarah) (dim). |
| Filing 53 STATUS REPORT - Joint by Johnson Outdoors Diving LLC. (Odegaard, Sarah) (dim). |
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Filing 52
ORDER TO SHOW CAUSE. Order to Show Cause Reply due by 2/26/2024. Signed by Judge Jeffrey T. Miller on 2/13/2024.(dim) (jmo).
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| Filing 51 NOTICE of Appearance by Sarah G. Odegaard on behalf of Johnson Outdoors Diving LLC (Odegaard, Sarah)Attorney Sarah G. Odegaard added to party Johnson Outdoors Diving LLC(pty:dft) (dim). |
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Filing 50
Order Requesting Joint Status Report. Joint Status Report due by 1/25/2024. Signed by Judge Jeffrey T. Miller on 1/18/2024.(dim)
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| Filing 49 Judge Jeffrey T. Miller and Magistrate Judge Bernard G. Skomal assigned to transfer case from Southern District of Florida. (no document attached) (jpp) |
| Filing 48 Case transferred in from the Southern District of Florida; Case Number 1:23-cv-21883-RKA. Original file received electronically. |
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Filing 47
ORDER granting #45 Joint Motion to Transfer Venue. Transferring Case to the San Diego Division of the United States District Court for the Southern District of California; Case Remains Closed. Signed by Judge Roy K. Altman on 1/16/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 46 Clerk's Notice to Filer re #45 Joint MOTION to Transfer . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 45 Joint Motion to Change Venue (Transfer) by Johnson Outdoors Diving LLC. (Attachments: #1 Text of Proposed Order)(Foster, Zachary) Modified Relief on 1/17/2024 (ls). [Transferred from Florida Southern on 1/17/2024.] |
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Filing 44
Order of Dismissal re #43 Joint Stipulation of Dismissal; Dismissing this Matter with prejudice as to Defendants Sandals Resorts International, Ltd. and Unique Vacations, Inc., Only. Case Remains Closed. Signed by Judge Roy K. Altman on 12/16/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 43 Joint STIPULATION of Dismissal as to Defendants Unique Vacations Inc. and Sandals Resorts International LTD, d/b/a Sandals With Prejudice by Laura Howard (Grammes, Daniel) Modified Text on 12/18/2023 (ls). [Transferred from Florida Southern on 1/17/2024.] |
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Filing 42
ORDER Requiring Plaintiff's Notice of Dismissal as to Defendants, Unique Vacations, Inc., and Sandals Resorts International, Ltd., by 12/15/2023. Plaintiff's Notice of Dismissal as to Defendant, Johnson Outdoors Diving, LLC, or Parties Joint Motion for Transfer due by 1/16/2024; Case Remains Closed. Signed by Judge Roy K. Altman on 11/16/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 41 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on November 16, 2023. Total time in court: 0 hours: 10 minutes. Attorney Appearances: Daniel Wayne Grammes, Patrick S. Nolan, and Zachary Scott Foster. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (tbr) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 40
PAPERLESS ORDER granting in part and denying in part the Defendant's #39 Unopposed Motion to Continue Status Conference. The status conference originally scheduled for November 15, 2023, will now occur on November 16, 2023, at 1:30 PM. Counsel for all parties may appear via Zoom. The Meeting ID is 160 7688 8099, and the Passcode is 183310. Signed by Judge Roy K. Altman on 11/7/2023. (tbr) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 39 Unopposed MOTION to Continue Status Conference re #37 Order Setting Status Conference by Johnson Outdoors Diving LLC. Responses due by 11/21/2023 (Attachments: #1 Exhibit Composite Ex. A)(Foster, Zachary) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 38
ORDER: Denying #35 Plaintiff's MOTION to Vacate #34 Order on Motion to Stay, to Vacate Stay and Re-Open Case filed by Laura Howard. This case will remain CLOSED until we determine whether it should be remanded. By November 21, 2023, the Plaintiff must file an updated Motion to Remand. Signed by Judge Roy K. Altman on 11/6/2023. See attached document for full details. (scn) [Transferred from Florida Southern on 1/17/2024.]
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Filing 37
ORDER SCHEDULING STATUS CONFERENCES: Status Conference set for 11/15/2023 2:00 PM in Miami Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 11/6/2023. See attached document for full details. (scn) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 36 NOTICE of Settlement only as to Defendants Unique Vacations Inc. and Sandals Resorts International LTD. by Laura Howard (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 35 Plaintiff's MOTION to Vacate #34 Order on Motion to Stay, to Vacate Stay and Re-Open Case by Laura Howard. Responses due by 11/17/2023 (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 34
ORDER granting #33 Motion to Stay. The Clerk of Court is directed to CLOSE this case for administrative purposes. By November 3, 2023, the parties must file one of two things: either a notice of settlement and voluntary dismissal or a motion to reopen the case. Closing Case. Signed by Judge Roy K. Altman on 6/20/2023. See attached document for full details. (nan) Modified text on 6/21/2023 (pes). [Transferred from Florida Southern on 1/17/2024.]
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| Filing 33 Plaintiff's MOTION to Stay by Laura Howard. Responses due by 6/30/2023 (Attachments: #1 Exhibit Proposed Order)(Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 32 NOTICE of Striking #31 Unopposed MOTION to Stay the Case and All Briefing on Pending Motions Until 30 days After Mediation filed by Laura Howard by Laura Howard (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 31 Unopposed MOTION to Stay the Case and All Briefing on Pending Motions Until 30 days After Mediation by Laura Howard. Responses due by 6/30/2023 (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Stay)(Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 30 MOTION to Remand to State Court by Laura Howard. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit Plaintiff's Amended Complaint)(Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 29
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/17/2024 in Miami Division before Judge Roy K. Altman., Calendar Call set for 6/11/2024 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 7/31/2023., Discovery due by 2/20/2024., Expert Discovery due by 2/20/2024., Joinder of Parties due by 7/31/2023., Mediation Deadline 3/5/2024., In Limine Motions due by 5/13/2024., Dispositive Motions due by 3/13/2024., Motions due by 3/13/2024., Pretrial Stipulation due by 6/3/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/5/2024.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid on all pretrial non-dispositive and discovery matters.. Signed by Judge Roy K. Altman on 6/12/2023. See attached document for full details. (nan) #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. [Transferred from Florida Southern on 1/17/2024.]
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| Filing 28 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , improper venue pursuant to the doctrine of forum non conveniens, lack of personal jurisdiction, improper service of process and Defective Pleading by Johnson Outdoors Diving LLC, Sandals Resorts International, Ltd, Unique Vacations,Inc.. Responses due by 6/20/2023 (Attachments: #1 Exhibit Shawn DaCosta Declaration, #2 Exhibit Gary Sadler 1st Declaration, #3 Exhibit Gary Sadler Supplemental Declaration, #4 Exhibit Brad Lally Declaration, #5 Exhibit Patrick Nolan Declaration, #6 Exhibit Marco Turnquest Declaration, #7 Exhibit Registration Card)(Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 27 Joint SCHEDULING REPORT - Rule 26(f) by Johnson Outdoors Diving LLC, Sandals Resorts International, Ltd, Unique Vacations,Inc. (Attachments: #1 Text of Proposed Order Proposed Joint Scheduling Order)(Franco, Juan) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 26 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Johnson Outdoors Diving LLC, Sandals Resorts International, Ltd, Unique Vacations,Inc. (Franco, Juan) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 25 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Laura Howard (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 24 NOTICE by Johnson Outdoors Diving LLC re #7 Order Requiring Joint Scheduling Report,, of Filing of State Court Pleadings (Attachments: #1 Exhibit A) (Foster, Zachary) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 23 STATUS REPORT by Johnson Outdoors Diving LLC (Foster, Zachary) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 22
PAPERLESS ORDER granting in part and denying in part #21 the Defendants' Unopposed Motion for Leave to File Excess Pages. The Defendants may file a joint motion to dismiss of no more than 25 pages. Signed by Judge Roy K. Altman on 5/30/2023. (mg01) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 21 Unopposed MOTION for Leave to File Excess Pages by Johnson Outdoors Diving LLC, Sandals Resorts International, Ltd, Unique Vacations,Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Franco, Juan) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 20
PAPERLESS ORDER granting #19 the Defendant Johnson Outdoors Diving LLC's Unopposed Motion for Extension of Time. All of the Defendants shall respond to the Complaint [ECF No. 1-1] by June 5, 2023, consistent with our Order in Cases With Multiple Defendants [ECF No. 6]. Signed by Judge Roy K. Altman on 5/26/2023. (mg01) [Transferred from Florida Southern on 1/17/2024.]
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| Reset Response/Answer Due Deadline: Johnson Outdoors Diving LLC response/answer due 6/5/2023. PER DE#20 (cds) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), #10 Summons Returned Executed, by Johnson Outdoors Diving LLC. (Attachments: #1 Text of Proposed Order)(Foster, Zachary) [Transferred from Florida Southern on 1/17/2024.] |
| Reset Response/Answer Due Deadline: Sandals Resorts International, Ltd response/answer due 6/5/2023; Unique Vacations,Inc. response/answer due 6/5/2023. (ls)(per DE #18) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 18
PAPERLESS ORDER granting #17 the Defendants' Unopposed Motion for Extension of Time. The Defendants shall respond to the Complaint [ECF No. 1-1] by June 5, 2023. Signed by Judge Roy K. Altman on 5/24/2023. (mg01) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Summons Returned Executed, #9 Summons Returned Executed, by Sandals Resorts International, Ltd, Unique Vacations,Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 16 Corporate Disclosure Statement by Unique Vacations,Inc. identifying Corporate Parent Unique Vacations (Panama), Inc. a Panamanian company for Unique Vacations,Inc. (Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 15 Corporate Disclosure Statement by Sandals Resorts International, Ltd identifying Corporate Parent Sandals Resorts International 2000, Inc., a Panamanian company for Sandals Resorts International, Ltd (Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 14 NOTICE by Sandals Resorts International, Ltd, Unique Vacations,Inc. re #7 Order Requiring Joint Scheduling Report,, Set/Reset Deadlines, #1 Notice of Removal (State Court Complaint), Notice of Consent to Removal (Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 13 NOTICE of Attorney Appearance by Juan Xavier Franco on behalf of Sandals Resorts International, Ltd, Unique Vacations,Inc.. Attorney Juan Xavier Franco added to party Unique Vacations,Inc.(pty:dft). (Franco, Juan) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 12 NOTICE of Attorney Appearance by Thomas E. Scott, Jr on behalf of Sandals Resorts International, Ltd, Unique Vacations,Inc.. Attorney Thomas E. Scott, Jr added to party Unique Vacations,Inc.(pty:dft). (Scott, Thomas) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 11 Clerk's Notice to Filer re #8 Summons Returned Executed, #9 Summons Returned Executed, #10 Summons Returned Executed,. Document and Case Style Do Not Match; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the correct case style and case number in the appropriate case. (ls) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Laura Howard. Johnson Outdoors Diving LLC served on 4/19/2023, response/answer due 5/10/2023. (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Laura Howard. Sandals Resorts International, Ltd served on 4/20/2023, response/answer due 5/11/2023. (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Laura Howard. Unique Vacations,Inc. served on 4/20/2023, response/answer due 5/11/2023. (Grammes, Daniel) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 5 Corporate Disclosure Statement by Johnson Outdoors Diving LLC identifying Corporate Parent Johnson Outdoors Inc. for Johnson Outdoors Diving LLC (Foster, Zachary) [Transferred from Florida Southern on 1/17/2024.] |
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Filing 7
ORDER REQUIRING REMOVAL STATUS REPORT AND JOINT SCHEDULING REPORT. (Removal Status Report due by 6/1/2023.) (Joint Scheduling Report due by 6/5/2023). Signed by Judge Roy K. Altman on 5/22/2023. See attached document for full details. (nan) [Transferred from Florida Southern on 1/17/2024.]
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Filing 6
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 5/22/2023. See attached document for full details. (nan) [Transferred from Florida Southern on 1/17/2024.]
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| Filing 4 Bar Letter re: Admissions sent to attorney Patrick S. Nolan, mailing date May 22, 2023, (pt) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet and Exhibits. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (nan) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) [Transferred from Florida Southern on 1/17/2024.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16633336, filed by Johnson Outdoors Diving LLC. No Answer/Motion to Dismiss filed. (Foster, Zachary) (Additional attachment(s) added on 5/22/2023: #1 Complaint, #2 Exhibits - State Court Complaint & Other State Court Documents, #3 Civil Cover Sheet. No Answer/Motion to Dismiss filed.) Modified Attachment Descriptions on 5/22/2023 (nan). [Transferred from Florida Southern on 1/17/2024.] |
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