Cabacungan v. BP Exploration & Production, Inc. et al
| Rubin Cabacungan |
| BP America Production and BP Exploration & Production Inc. |
| 2:2020cv00698 |
| September 9, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 20 JUDGMENT ( Signed by Deputy Clerk) (MLS) |
Filing 19
ENDORSED ORDER. Before the Court is the parties' Rule 41(a) Stipulation of Dismissal with Prejudice. (Doc. #18). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the parties stipulate to dismissing this case with prejudice and bearing their own attorneys' fees and costs. Accordingly, the Clerk is DIRECTED to judgment, deny all pending motions as moot, and close the file. Signed by Judge Sheri Polster Chappell on 10/5/2020. (CMC)
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| Filing 18 STIPULATION of Dismissal by Rubin Cabacungan. (Durkee, Charles) |
| Filing 17 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 11/24/2020 at 10:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 11/16/2020. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) |
| Filing 16 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 9/11/2020. (WRW) |
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Filing 15
ENDORSED ORDER granting #12 Unopposed Motion by BP Exploration & Production Inc. and BP America Production Company to Withdraw and Substitute Counsel of Record. Attorneys Kevin M. Hodges, Catherine Pyune McEldowney, Georgia Lee Lucier, and Scott C. Seiler have no further responsibility in this action. The Clerk of Court is directed to terminate each of the attorneys as counsel of record in this case and to remove them from the electronic service list in CM/ECF. Unless already done, the Clerk of Court is directed to add attorneys Francis M. McDonald, Jr., Sarah A. Long, and Courtney M. King as counsel of record for Defendants, so long as each lawyer is presently a member in good standing of this Court's bar. Signed by Magistrate Judge Mac R. McCoy on 9/10/2020. (McCoy, Mac)
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| Filing 14 CORPORATE Disclosure Statement by BP America Production identifying Corporate Parent BP P.L.C. for BP America Production.. (McDonald, Francis) |
| Filing 13 CORPORATE Disclosure Statement by BP Exploration & Production Inc. identifying Corporate Parent BP P.L.C. for BP Exploration & Production Inc... (McDonald, Francis) |
| Filing 12 Unopposed MOTION for Kevin M. Hodges, Catherine Pyune McEldowney, Georgia Lee Lucier, Scott C. Seiler and Devin C. Reid to Withdraw as Attorney and Substitute Counsel of Record by BP America Production, BP Exploration & Production Inc.. (McDonald, Francis) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 11 Case transferred in from District of Louisiana Eastern; Case Number 2:20-cv-00781. File received electronically |
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Filing 10
ORDER - IT IS ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by Magistrate Judge Donna Phillips Currault on 9/4/2020. (NEF: Section J) (sa) [Transferred from laed on 9/9/2020.]
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| Filing 9 Statement by BP America Production, BP Exploration & Production, Inc. Regarding Venue (Reid, Devin) [Transferred from laed on 9/9/2020.] |
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Filing 8
ORDER GRANTING #7 Motion to Substitute Attorney. Added attorney Charles David Durkee for Plaintiff, Rubin Cabacungan. Attorney Nathan Lee Nelson WITHDRAWN. Signed by Magistrate Judge Donna Phillips Currault on 8/17/2020. (sa) [Transferred from laed on 9/9/2020.]
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| Filing 7 EXPARTE/CONSENT Joint MOTION to Substitute Attorney. Attorney Charles David Durkee to be substituted in place of Nathan Lee Nelson by Rubin Cabacungan. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)Attorney Charles David Durkee added to party Rubin Cabacungan(pty:pla).(Durkee, Charles) [Transferred from laed on 9/9/2020.] |
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Filing 6
ORDER that no later than 8/3/2020, plaintiffs Angel Raul Reyes-Rios, Rubin Cabacungan, Cesar Garcia, and Kendric Nigel Williams must provide full and complete initial disclosures. Failure to provide the disclosures by the above date will result in an order that plaintiffs and their counsel must appear before Judge Barbier to show cause why their cases should not be dismissed for failure to prosecute and/or pursuant to FRCP 37(b)(2)(A)(v). FURTHER ORDERED that the deadline by which the above-listed plaintiffs must submit their venue filings is extended to no later than 9/2/2020. Signed by Magistrate Judge Donna Phillips Currault on 7/6/2020.(caa) [Transferred from laed on 9/9/2020.]
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Donna Phillips Currault. Magistrate Judge Joseph C. Wilkinson, Jr no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(lag) [Transferred from laed on 9/9/2020.]
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| Filing 4 ANSWER to #1 Complaint, by BP America Production, BP Exploration & Production, Inc..Attorney Devin C. Reid added to party BP America Production(pty:dft), Attorney Devin C. Reid added to party BP Exploration & Production, Inc.(pty:dft).(Reid, Devin) [Transferred from laed on 9/9/2020.] |
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Filing 3
INITIAL PROCEEDINGS CASE MANAGEMENT ORDERS NO.1 AND AMENDED ORDER NO.2. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 BELO Settlement Agreement)(cg) [Transferred from laed on 9/9/2020.]
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| Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Joseph C. Wilkinson, Jr. (cc) [Transferred from laed on 9/9/2020.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number ALAEDC-8199701) filed by Rubin Cabacungan. (Attachments: #1 Exhibit A- Election Not to Mediate, #2 Civil Cover Sheet)Attorney Nathan Lee Nelson added to party Rubin Cabacungan(pty:pla).(Nelson, Nathan) [Transferred from laed on 9/9/2020.] |
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