Opielski v. Delta Air Lines, Inc.
| James Opielski |
| Delta Air Lines, Inc. |
| 3:2021cv00420 |
| April 18, 2021 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Timothy J Corrigan |
| Airplane |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 38
ORDER dismissing this case with prejudice pursuant to #37 the Joint Stipulation For Final Order of Dismissal. The Clerk should terminate all pending motions and deadlines and close the file. Signed by Judge Timothy J. Corrigan on 7/14/2022. (CKM)
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| Filing 37 STIPULATION of Dismissal with Prejudice by Delta Air Lines, Inc.. (Attachments: #1 Text of Proposed Order)(Castro, Jennifer) |
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Filing 36
ORDER re #34 Mediation Report and #35 Notice of Settlement, directing the parties to file a joint motion for dismissal or other appropriate documents to close out the file by 7/18/2022. The Clerk should terminate all pending motions and deadlines and close the file. Signed by Judge Timothy J. Corrigan on 5/24/2022. (CKM)
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| Filing 35 NOTICE of settlement by James Opielski (Hewett, Christopher) |
| Filing 34 MEDIATION report Hearing held on 5/18/22. Hearing outcome: settled.. (Wirtz, Gregg) |
| Filing 33 MOTION for Summary Judgment by Delta Air Lines, Inc.. (Attachments: #1 Exhibit 1 - Deposition Transcript of James Opielski, #2 Exhibit 2 - Delta's Rule 26 Expert Disclosures, #3 Exhibit 3 - Mark Olsen Expert Report, #4 Exhibit 4 - Declaration of Captain Dan J. Hudson, #5 Exhibit 5 - Declaration of Shannon Masters, #6 Exhibit 6 - Dr. James Perry's Expert Report, #7 Exhibit 7 - Steven Rundell's Expert Report, #8 Exhibit - Deposition Excerpts of Jose Leal and Timothy Kleckner)(Jahr, Christopher) |
| Filing 32 MOTION In Limine regarding to Exclude Testimony from Plaintiff's Testifying Chiropractor, James McCarty, D.C. by Delta Air Lines, Inc.. (Attachments: #1 Exhibit 1 - McCarty Expert Report, #2 Exhibit 2 - McCarty Resume/Curriculum Vitae, #3 Exhibit 3 - McCarty Consults, #4 Exhibit 4 - McCarty Disciplinary Action)(Jahr, Christopher) |
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Filing 31
ENDORSED ORDER granting #30 the defendant's unopposed motion for an extension of time. The mediation deadline is extended to May 18, 2022. All other remaining deadlines in #12 the case management and scheduling order stay the same. Signed by Magistrate Judge Patricia D. Barksdale on 4/4/2022. (BHC)
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| Filing 30 Unopposed MOTION for Miscellaneous Relief, specifically Modify Scheduling Order by Extending Mediation Deadline by Delta Air Lines, Inc.. (Castro, Jennifer) |
| Filing 29 NOTICE of mediation conference/hearing to be held on 5/18/22 9:00 before Gregg L. Wirtz. (Wirtz, Gregg) |
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Filing 28
ORDER granting #27 the motion for a Rule 35 physical examination. Signed by Magistrate Judge Patricia D. Barksdale on 3/2/2022. (BHC)
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| Filing 27 MOTION to Examine Rule 35 Physical Examination of Plaintiff James Opielski by Delta Air Lines, Inc.. (Jahr, Christopher) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 26
ENDORSED ORDER granting #25 the plaintiff's unopposed motion for an extension of time. The deadline for the plaintiff's expert disclosures is February 11, 2022. All other deadlines in #12 the case management and scheduling order remain the same. Signed by Magistrate Judge Patricia D. Barksdale on 2/3/2022. (ASL)
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| Filing 25 MOTION for Extension of Time to File Expert Witness Disclosure by James Opielski. (Hewett, Christopher) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 24 ANSWER and affirmative defenses to Complaint with Jury Demand by Delta Air Lines, Inc..(Jahr, Christopher) |
| Filing 23 AMENDED COMPLAINT by James Opielski. (Hewett, Christopher) (Modified on 1/4/2022 to edit docket text and color) (JDR). |
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Filing 22
ORDER denying without prejudice #7 the motion to dismiss and directing the plaintiff to file an amended complaint by January 3, 2022. The defendant must respond within two weeks of the filing date. Signed by Magistrate Judge Patricia D. Barksdale on 12/20/2021. (BHC)
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| Filing 21 MINUTE entry for the telephone conference held on 12/20/2021 before Magistrate Judge Patricia D. Barksdale: Judge Barksdale ordered the plaintiff to file an amended complaint by 1/3/2022 and the defendant to respond within two weeks of the filing date. (Digital) (ASL) |
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Filing 20
ORDER setting a telephone conference to discuss #7 the motion to dismiss and case management on December 20, 2021, at 11:00 a.m. Signed by Magistrate Judge Patricia D. Barksdale on 12/17/2021. (BHC)(BHC)
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Filing 19
ORDER referring #7 Defendant, Delta Air Lines, Inc's Motion to Dismiss Plaintiff's Complaint for a report and recommendation regarding an appropriate resolution of the motion. Signed by Judge Timothy J. Corrigan on 12/8/2021. (MD) Motions referred to Magistrate Judge Patricia D. Barksdale.
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| Filing 18 CASE REFERRED to Mediation. (JDR) |
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Filing 17
ORDER referring case to mediation and appointing Gregg L. Wirtz, Esquire, as mediator in this action. Mediation to occur on or before 4/15/2022. Signed by Judge Timothy J. Corrigan on 7/23/2021. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD)
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| Filing 16 Joint NOTICE OF SELECTION of Gregg L. Wirtz, Esquire, as mediator by Delta Air Lines, Inc.. (Castro, Jennifer) Modified to edit text on 7/14/2021 (KKH). |
| Filing 15 RESPONSE to Motion re #7 MOTION to Dismiss Plaintiff's Complaint filed by James Opielski. (Hewett, Christopher) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re 13 Order by James Opielski. (Hewett, Christopher) |
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Filing 13
ENDORSED ORDER advising plaintiff that his certificate of interested persons and corporate disclosure statement is overdue and must be filed no later than 7/9/2021. Signed by Judge Timothy J. Corrigan on 6/8/2021. (MD)
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| Filing 12 CASE MANAGEMENT AND SCHEDULING ORDER: Select mediator by 7/14/2021; Discovery deadline is 4/1/2022; Conduct mediation hearing by 4/15/2022; Dispositive and Daubert motions due by 5/6/2022; Pretrial statement due by 9/15/2022; Final Pretrial Conference set for 9/21/2022 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set for trial term commencing 10/3/2022 at 9:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan. Signed by Deputy Clerk on 6/8/2021. (MD) |
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Filing 11
ENDORSED ORDER granting #8 the plaintiff's unopposed motion for an extension of time to respond to the defendant's motion to dismiss. The plaintiff must respond to #7 the defendant's motion to dismiss by June 11, 2021. Future filings must comply with the Local Rules that went into effect on February 1, 2021, including Local Rule 1.08 governing typography (main text must be 2.0 double-spaced and Times New Roman is permitted if the main text is at least 14-point, with other requirements) and Local Rule 3.01(g) (certification must be under the heading "Local Rule 3.01(g) Certification"). Signed by Magistrate Judge Patricia D. Barksdale on 5/28/2021. (BLW)
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| Filing 10 CASE MANAGEMENT REPORT. (Castro, Jennifer) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Delta Air Lines, Inc.. (Castro, Jennifer) |
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by James Opielski. (Hewett, Christopher) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint by Delta Air Lines, Inc.. (Castro, Jennifer) |
| Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MD) |
| Filing 5 NOTICE of Filing Federal Civil Cover Sheet by Delta Air Lines, Inc. (Attachments: #1 Civil Cover Sheet)(Castro, Jennifer) (Modified on 4/20/2021 to edit docket text) (JDR). |
| Filing 4 NOTICE to counsel Jennifer Castro that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (JDR) |
| Filing 3 COMPLAINT against Delta Air Lines, Inc. filed by James Opielski. (Originally Filed in State Court on 01/13/2021)(JDR) |
| Filing 2 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Patricia D. Barksdale. New case number: 3:21-cv-0420-TJC-PDB. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court in and for Duval County, Florida, case number 16-2021-CA-000201-XXXX-MA filed in State Court on 01/13/2021. Filing fee $ 402, receipt number AFLMDC-18147055 filed by Delta Air Lines, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents Motion to Dismiss, #4 State Court Other Documents Nt. of Serving Rogs, #5 State Court Other Documents Req. for Admissions, #6 State Court Other Documents Req. to Prod., #7 State Court Other Documents Cert. of No Obj., #8 State Court Other Documents Nt. of Prod. of Non-Party, #9 State Court Other Documents Second Req. to Prod., #10 State Court Other Documents Req. for Copies, #11 State Court Other Documents Cert. of No. Obj., #12 State Court Other Documents Resp. to Req. for Admissions, #13 State Court Other Documents Am. Resp. Req. for Admissions, #14 State Court Other Documents Resp. to Req. for Prod., #15 State Court Other Documents Nt. of. Serving Ans. to Rogs, #16 State Court Other Documents Nt. of Prod. Non-Party, #17 State Court Other Documents Redacted Answers to Rogs, #18 State Court Other Documents Nt. of Prod. Non-Party)(Castro, Jennifer) |
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| Plaintiff: James Opielski | |
| Represented By: | Christopher Hewett |
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| Defendant: Delta Air Lines, Inc. | |
| Represented By: | Dennis M. O'Hara |
| Represented By: | Jennifer Castro |
| Represented By: | Christopher John Jahr |
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