Fall et al v. Curran
| Jennifer Fall |
| Karen Curran |
| 3:2019cv00609 |
| May 23, 2019 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Joel B Toomey |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.
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Filing 61
ORDER Dismissing Case With Prejudice. Signed by Judge Brian J. Davis on 5/24/2021. (AMP)
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| Filing 60 Joint STIPULATION of Dismissal with Prejudice by Karen Curran. (Smith, Thomas) Modified on 5/13/2021 to edit docket text (KEM). |
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Filing 59
ORDER directing administrative closure. The jury trial of this matter scheduled to begin on April 26, 2021, is CANCELLED. The parties shall have until May 17, 2021, to file a joint stipulated form of final order or judgment or move this Court upon good cause to reopen the case. Signed by Judge Brian J. Davis on 3/18/2021. (AMP)
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| Filing 58 NOTICE of settlement by Karen Curran (Smith, Thomas) |
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Filing 57
ORDER SCHEDULING TRIAL. Jury selection shall commence on Monday, April 26, 2021 at 9:00 a.m. before Judge Brian J. Davis in Jacksonville Courtroom 13A. The parties shall be prepared to present their cases in Courtroom 12D following jury selection. The Court will meet with the parties at 8:30 a.m. on Monday, April 26, 2021 in Courtroom 13A to advise of the protocols and procedures established by the Court in response to the COVID-19 pandemic. See Order for details. Signed by Judge Brian J. Davis on 2/26/2021. (Attachments: #1 Instructions Re: Pre-Marking Exhibits, #2 Instructions Re: Jury Selection, #3 Jury Voir Dire Questionnaire, #4 Deposition Designations Form)(CKS)
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Filing 56
ORDER cancelling the February 1, 2021 jury trial. This case is now set for jury selection on April 26, 2021, with trial to begin following jury selection. Any pretrial motions or amendments to the parties' pretrial statement shall be filed no later than April 12, 2021. Any responses thereto shall be filed no later than April 19, 2021. See order for details. Signed by Judge Brian J. Davis on 1/21/2021. (CKS)
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| Filing 55 Minute Entry. Virtual Proceedings held before Judge Brian J. Davis: FINAL PRETRIAL CONFERENCE held on 1/20/2021. Court Reporter: Shelli Kozachenko (CKS) |
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Filing 54
ORDER GRANTING IN PART Plaintiff's Motions in Limine (Docs. #47, #48 and #49). See order for details. Signed by Judge Brian J. Davis on 1/19/2021. (AMP)
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Filing 53
ORDER GRANTING #35 Plaintiffs' Amended Daubert Motion to Exclude Expert Testimony of Michael Woodhouse to the extent that Dr. Woodhouse may not offer testimony on whether the accident caused Plaintiff's injuries. Signed by Judge Brian J. Davis on 1/14/2021. (AMP)
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| Filing 52 NOTICE OF HEARING regarding the Final Pretrial Conference set for Wednesday, January 20, 2021 at 10:00 a.m. before the undersigned. The hearing will now be held by video teleconferencing using Zoom only. See Notice for details. Signed by Judge Brian J. Davis on 1/13/2021.(CKS) |
| Filing 51 PRETRIAL statement by Karen Curran. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Smith, Thomas) |
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Filing 50
ORDER ADOPTING #44 Report and Recommendation; GRANTING #42 Amended Petition to Approve Settlement of Minor Child's Claims. Signed by Judge Brian J. Davis on 1/8/2021. (AMP)
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| Filing 49 MOTION In Limine Omnibus by All Plaintiffs. (Lineberry, Gregory) |
| Filing 48 MOTION In Limine regarding Excluding Reference to Prior Drug Use by All Plaintiffs. (Lineberry, Gregory) |
| Filing 47 MOTION In Limine regarding Excluding Reference to Attorney Representation by All Plaintiffs. (Lineberry, Gregory) |
| Filing 46 NOTICE of Filing of Exhibit and Witness Lists by Karen Curran (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Thomas) Modified docket text on 1/7/2021 (KEM). |
| Filing 45 NOTICE by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor) of Filing Rule 26 Disclosures (Attachments: #1 Exhibit, #2 Exhibit)(Lineberry, Gregory) |
| Filing 44 REPORT AND RECOMMENDATIONS re #42 Plaintiff's Amended Petition to Approve Settlement of Minor Child's Claims. Signed by Magistrate Judge Joel B. Toomey on 12/23/2020. (RLS) |
| Filing 43 NOTICE of Filing Redacted Exhibit by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor) (Attachments: #1 Supplement)(Lineberry, Gregory) Modified docket text on 12/18/2020 (KEM). |
| Filing 42 Amended Petition to Approve SETTLEMENT of Minor Child's Claims by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Lineberry, Gregory) Modified docket text on 12/4/2020 (KEM). |
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Filing 41
ORDER denying without prejudice #40 Plaintiff's Petition to Approve Settlement of Minor Child's Claims and Other Relief. Plaintiff's new motion due by 12/3/20. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 11/19/2020. (TAM)
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| Filing 40 MOTION for Settlement Petition to Approve Settlement of Minor Child's Claims and Other Relief by All Plaintiffs. (Lineberry, Gregory) |
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Filing 39
ENDORSED ORDER: Plaintiffs' Motion for Leave #38 is STRICKEN for failing to comply with the Local Rules. Specifically, Local Rule 3.01(d) requires a request for leave to file a reply brief to specify the length of the proposed filing and Local Rule 3.01(g) requires a moving party to certify that he or she conferred in good faith with counsel for the opposing party before filing a motion. Signed by Judge Brian J. Davis on 10/26/2020. (AMP)
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| Filing 38 MOTION for Miscellaneous Relief, specifically Leave to File a Reply to Defendant's Response to Plaintiff's Daubert Motion by All Plaintiffs. (Lineberry, Gregory) Motions referred to Magistrate Judge Joel B. Toomey. Stricken per 39 Order. Modified on 10/28/2020 (KEM). |
| Filing 37 MEMORANDUM in opposition re #35 Motion to Amend / Correct / Modify / SupplementMotion In Limine filed by Karen Curran. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit G-1)(Smith, Thomas) |
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Filing 36
ENDORSED ORDER granting #34 Plaintiffs' Motion to Seal Daubert Motion Pursuant to Rule 5.2(a) of the Federal Rules of Civil Procedure. Plaintiffs' unredacted 33 Daubert Motion shall remain under seal until further order of the Court pursuant to Federal Rule of Civil Procedure 5.2 and Section IV. D. of the Court's Administrative Procedures for Electronic Filing. Signed by Magistrate Judge Joel B. Toomey on 10/1/2020. (TAM)
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| Filing 35 Amended Daubert MOTION regarding Excluding Expert Testimony by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Woodhouse Deposition, #2 Exhibit Exhibit B - Woodhouse Report, #3 Exhibit Exhibit C part 1 - CME Report, #4 Exhibit Exhibit C part 2 - Updated CME Report)(Lineberry, Gregory) Motions referred to Magistrate Judge Joel B. Toomey. Modified docket text on 9/30/2020 (KEM). |
| Filing 34 First MOTION to Seal Pursuant to Fed. R. Civ. P. 5.2(a) by All Plaintiffs. (Lineberry, Gregory) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 32
ENDORSED ORDER: #31 Plaintiff's Unopposed Motion to Extend Deadline for Completion of Expert Witness Depositions is GRANTED. The discovery deadline is extended to September 6, 2020. Signed by Judge Brian J. Davis on 8/4/2020. (AMP)
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| Filing 31 Unopposed MOTION for Extension of Time to Complete Discovery by All Plaintiffs. (Lineberry, Gregory) |
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Filing 30
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines shall now apply: Discovery due by 8/6/2020; Dispositive motions due by 9/28/2020; Pretrial statement due by 1/13/2021; Final Pretrial Conference set for 1/20/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 2/1/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 3/16/2020. (AMP)
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Filing 29
ENDORSED ORDER: #28 Plaintiffs' Unopposed Motion to Extend Deadlines for Discovery, Disclosure of Expert Reports and Dispositive Motions is GRANTED. An amended case management and scheduling order will enter. Signed by Judge Brian J. Davis on 3/3/2020. (AMP)
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| Filing 28 UNOPPOSED MOTION for Extension of Time to Extend Deadlines for Discovery, Disclosure of Expert Reports and Dispositive Motions by All Plaintiffs. (Lineberry, Gregory) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 3/3/2020 to edit text (PAM). |
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Filing 27
ORDER granting #26 Defendant's Unopposed Motion for Rule 35 Orthopedic Physical Examination of Plaintiff Jennifer Fall. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 2/18/2020. (TAM)
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| Filing 26 UNOPPOSED MOTION for miscellaneous relief, specifically Rule 35 Orthopaedic Physical Exam of Plaintiff Jennifer Fall by Karen Curran. (Attachments: #1 Exhibit A)(Smith, Thomas) Modified on 2/18/2020 to edit text (PAM). |
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Filing 25
ORDER DENYING #7 Plaintiffs' Motion for Remand. Signed by Judge Brian J. Davis on 1/21/2020. (AMP)
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| Filing 24 MEDIATION report Hearing held on 1/14/20. Hearing outcome: Impasse. (Wirtz, Gregg) |
| Filing 23 AMENDED NOTICE of Change of Attorney of Record & Directions to Clerk to Update Attorney Information Appearance by Gregory Wayne Lineberry on behalf of Jennifer Fall (Lineberry, Gregory) Modified on 1/14/2020 to edit text (PAM). |
| Filing 22 NOTICE of Change of Attorney of Record & Directions to Clerk to Update Attorney Information Appearance by Gregory Wayne Lineberry on behalf of Jennifer Fall(as natural parent and guardian of D.F., a minor) (Lineberry, Gregory) Modified on 1/14/2020 (PAM). PDF Removed. See Doc. #23 Counsel directed to refile due to child's name reflected. Chambers notified. |
| Filing 21 NOTICE of mediation conference to be held on 1/14/2020 9:00 am before Gregg Wirtz. (Wirtz, Gregg) Modified on 9/19/2019 to edit text (PAM). |
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Filing 20
ORDER striking without prejudice #19 Plaintiff's Notice of Compliance with Mandatory Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1). See Order for details. Signed by Magistrate Judge Joel B. Toomey on 8/27/2019. (TAM)
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| Filing 19 NOTICE of compliance with Mandatory Disclosures Pursuant to Fed. R. Civ. P 26(a)(1) by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor) (Bonner, Robert) Modified on 8/28/2019 - STRICKEN, per Court Order, doc. 20. (AEJ) |
| Filing 18 NOTICE of Appearance by Joseph Scott Miller and Robert Alan Bonner on behalf of D.F., Jennifer Fall(as natural parent and guardian of D.F., a minor Appearance by Robert Alan Bonner on behalf of Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor) (Bonner, Robert) |
| Filing 17 NOTICE of Appearance by Joseph Scott Miller and Robert Alan Bonner on behalf of Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor Appearance by Robert Alan Bonner on behalf of Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor) (Bonner, Robert) Modified on 8/19/2019 (PAM). Counsel directed to refile. Minor's name is reflected. PDF removed. Chamber notified |
| Filing 16 CASE REFERRED to Mediation. (KKH) |
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/8/2020; Conduct mediation hearing by 5/22/2020; Dispositive motions due by 6/30/2020; Pretrial statement due by 10/14/2020; Final Pretrial Conference set for 10/21/2020 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 11/2/2020 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 8/5/2019. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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Filing 14
ORDER striking without prejudice #13 Plaintiff's Notice of Taking Deposition. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 8/2/2019. (TAM)
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| Filing 13 NOTICE of taking deposition of Karen Curran taken on October 31, 2019 by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor). . (Burleigh, Scott) Modified on 8/2/2019 to edit text (PAM). Modified on 8/5/2019 - STRICKEN per Court Order, doc. 14. (AEJ) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor). (Burleigh, Scott) |
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Filing 11
ENDORSED ORDER granting #10 Motion for Leave for Maria D'Amico to Withdraw as Counsel, for the Substitution of Rebecca Cozart as Counsel, and to Redesignate Service Address for Plaintiffs. Rebecca Cozart, Esq., is hereby substituted as counsel for Maria D'Amico, Esq. The Clerk is directed to terminate Ms. D'Amico as counsel of record for Plaintiffs. Signed by Magistrate Judge Joel B. Toomey on 8/1/2019. (TSP)
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| Filing 10 MOTION for Maria D'Amico to withdraw as attorney by All Plaintiffs. (Burleigh, Scott) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 9 CASE MANAGEMENT REPORT. (Smith, Thomas) |
| Filing 8 RESPONSE in Opposition re #7 MOTION to remand to State Court filed by Karen Curran. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Thomas) |
| Filing 7 MOTION to remand to State Court by All Plaintiffs. (Burleigh, Scott) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Karen Curran. (Smith, Thomas) Modified on 6/10/2019 to edit text (PAM). |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 5/30/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS) |
| Filing 4 NOTICE to counsel, Maria R. D'Amico, of Local Rule 2.01 (signed by deputy clerk). (AEJ) |
| Filing 3 ANSWER and affirmative defenses (filed in State Court on 3/11/2019) to #2 Complaint with Jury Demand by Karen Curran.(AEJ) |
| Filing 2 COMPLAINT (filed in State Court on 1/17/2019) against Karen Curran with Jury Demand filed by Jennifer Fall, Jennifer Fall(as natural parent and guardian of D.F., a minor).(AEJ) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 4th Judicial Circuit Court, Duval County, FL, case number 16-2019-CA-000440 filed in State Court on 01/17/2019. Filing fee $ 400.00, receipt number JAX030868 filed by Karen Curran. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(AEJ) |
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