Commander et al v. American Cruise Lines, Inc.
| Howard Commander and Elizabeth Commander |
| American Cruise Lines, Inc |
| 3:2019cv01135 |
| July 24, 2019 |
| US District Court for the District of Connecticut |
| Alvin W Thompson |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 MOTION to Dismiss by American Cruise Lines, Inc.Responses due by 9/26/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Carton, Jeffrey) |
| Filing 25 NOTICE of Appearance by Jeffrey I. Carton on behalf of American Cruise Lines, Inc (Carton, Jeffrey) |
| Filing 24 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES IN TRANSFERRED CASE : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of Signed by Clerk on 7/24/2019.(Agati, Kathryn) |
| Filing 23 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 7/24/2019. (Agati, Kathryn) |
| Filing 22 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 7/24/2019. (Agati, Kathryn) Modified on 7/24/2019 to add document number (Agati, Kathryn). |
Filing 21
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 7/24/2019. (Agati, Kathryn)
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Filing 20
STANDING PROTECTIVE ORDER. Signed by Judge Alvin W. Thompson on 7/24/2019. (Agati, Kathryn)
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Filing 19
Order on Pretrial Deadlines: Amended Pleadings due by 9/22/2019, Discovery due by 1/23/2020, Dispositive Motions due by 2/27/2020. Signed by Clerk on 7/24/2019. (Agati, Kathryn)
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| Filing 18 Case electronically transferred in from District of New York Northern; Case Number 1:18-cv-01274. |
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Filing 17
MEMORANDUM-DECISION & ORDER that deft's motion to transfer pursuant to 28 U.S.C. 1404(a) is GRANTED; Deft's motion to dismiss pursuant to FRCivP 12(b)(6) is DENIED without prejudice as moot; and the Clerk of the Court is directed to effectuate the transfer of this matter to the United States District Court for the District of Connecticut upon entry of this Memorandum-Decision & Order. Signed by Judge David N. Hurd on 7/24/2019. (see)
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Filing 16
TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice. Attorney Christopher D. Barraza is hereby admitted to practice in this action on behalf of Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 4/18/2019. (mab)
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| TEXT NOTICE ON MOTION - TAKEN ON SUBMIT: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ RE: #8 MOTION to Dismiss for Failure to State a Claim, or, in the Alternative, to Change Venue; All necessary papers having been received by the Court this motion, ORAL ARGUMENT IS CANCELLED and this motion is NOW hereby taken ON SUBMITTED PAPERS ONLY. No appearances by either party required or allowed. Written opinion to follow. (ptm) |
| Filing 15 MOTION for Limited Admission Pro Hac Vice of Christopher D. Barraza Filing fee $100, receipt number ANYNDC-4713461. filed by American Cruise Lines, Inc.. Motions referred to Daniel J. Stewart. (Carton, Jeffrey) |
| TEXT NOTICE ON DISPOSITIVE MOTION - MOTION TO BE ARGUED: Pursuant to the verbal order of the Hon. David N. Hurd, USDJ, : #8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue IS NOW returnable and set for ORAL ARGUMENT ON TUESDAY, April 23, 2019 at 11:00AM in USDC / Utica, NY. Appearances by counsel are required in Utica, NY. Please adjust your calendars accordingly. (ptm) |
| Filing 14 REPLY to Response to Motion re #8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue filed by American Cruise Lines, Inc.. (Attachments: #1 Declaration of Paul Taiclet in Support of Motion to Dismiss, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D)(Carton, Jeffrey) |
| Filing 13 AFFIDAVIT in Opposition re #8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue filed by Elizabeth Commander, Howard Commander. (Attachments: #1 Affidavit Affidavit in Opposition of Howard Commander, #2 Affidavit Affidavit in Opposition of Elizabeth Commander, #3 Memorandum of Law in Opposition)(Kelly, Matthew) |
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Filing 12
TEXT ORDER granting the #11 Letter Requesting adjournment of the #8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue: Motion Hearing set for 4/12/2019 on submit, no appearances required, before Judge David N. Hurd. Response to Motion due by 3/20/2019. Reply to Response to Motion due by 3/31/2019. So Ordered by Judge David N. Hurd on 2/1/2019. (see)
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| Filing 11 Letter Motion from Matthew J. Kelly, Esq. for Elizabeth Commander, Howard Commander requesting Return date of motion to dismiss be rescheduled to April 12, 2019 submitted to Judge Hon. David N. Hurd . (Kelly, Matthew) |
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Filing 10
TEXT ORDER granting Defendant's #9 Letter Request adjourning the Rule 16 Initial Conference scheduled for January 29, 2019 before the undersigned in this matter pending a decision on the dispositive motion. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/24/2019. (mab)
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| Filing 9 Letter Motion from Jeffrey I. Carton for American Cruise Lines, Inc. requesting Adjournment of Case Management Conference submitted to Judge Daniel J. Stewart . (Carton, Jeffrey) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue Motion Hearing set for 3/7/2019 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart Response to Motion due by 2/19/2019 Reply to Response to Motion due by 2/25/2019. filed by American Cruise Lines, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, or, in the Alternative, to Change Venue, #2 Declaration of Jeffrey I. Carton in Support of Motion to Dismiss, or, in the Alternative, to Change Venue, #3 Exhibit(s) A to Carton Decl., #4 Exhibit(s) B. to Carton Decl., #5 Exhibit(s) C. to Carton Decl.) (Carton, Jeffrey) |
| NOTICE of Hearing on Motion #8 MOTION to Dismiss for Failure to State a Claim , or, in the Alternative, to Change Venue : Response to Motion due by 2/19/2019 Reply to Response to Motion due by 2/25/2019. Motion Hearing set for 3/8/2019 ON SUBMIT before Judge David N. Hurd - No Appearances Required. (hmr) |
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Filing 7
TEXT ORDER: Based upon the Stipulation filed on December 7, 2018, Dkt. No. #6 , the deadline in which Defendant, American Cruise Lines, Inc., is to file an Answer or otherwise respond to the Complaint in this matter is extended to January 18,2 019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/10/2018. (mab)
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| Filing 6 STIPULATION Joint Stipulation to Extend Time to Answer by American Cruise Lines, Inc. submitted to Judge David N. Hurd. (Carton, Jeffrey) |
| Filing 5 NOTICE of Appearance by Jeffrey I. Carton on behalf of American Cruise Lines, Inc. (Carton, Jeffrey) |
| ***Answer due date updated for American Cruise Lines, Inc. answer due 11/28/2018. (see) |
| Filing 4 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Filing Order, Case Management Plan, Case Assignment/Motion Schedules and Filing Location and Consent Form to Proceed before U.S. Magistrate Judge served on American Cruise Lines, Inc. on November 7, 2018, filed by Elizabeth Commander, Howard Commander. (Kelly, Matthew) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/29/2019 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/22/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summons Issued as to American Cruise Lines, Inc. (see) |
| Filing 1 COMPLAINT against American Cruise Lines, Inc. (Filing fee $400 receipt number ANYNDC-4552250) filed by Howard Commander and Elizabeth Commander. (Attachments: #1 Civil Cover Sheet)(see) |
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