Smith v. Walt Disney Parks & Resorts U.S., Inc.
Plaintiff: Michael Smith
Defendant: Walt Disney Parks & Resorts U.S., Inc.
Case Number: 6:2013cv01900
Filed: December 12, 2013
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: David A Baker
Referring Judge: Gregory A Presnell
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2015 Opinion or Order Filing 80 ORDER dismissing case without prejudice re #78 Notice of settlement. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 8/19/2015. (TKW)
August 19, 2015 Filing 79 NOTICE canceling Final Pretrial Conference and Motion Hearing scheduled for 8/20/2015 and the Jury Trial scheduled to begin 9/1/2015, in light of the Notice of Settlement filed at Doc. #78. Copies mailed. (LAM)
August 18, 2015 Filing 78 NOTICE of settlement by Michael Smith (Scott, James)
August 12, 2015 Filing 77 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference and Motion Hearing hearing previously scheduled for 8/14/2015 is rescheduled. New scheduling date and time: Final Pretrial Conference and Motion Hearing #67 reset for 8/20/2015 at 02:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Copies mailed.(LAM)
August 12, 2015 Set/reset deadlines as to #67 MOTION in limine (Partly Opposed; Partly Unopposed) regarding Plainitff's claims for race/sex discrimination and Title VII/FCRA retaliation; Maxcine Bell's race discrimination claims/lawsuit; and Plainitff's alleged "intan. Motion Hearing set for 8/20/2015 at 02:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM)
August 5, 2015 Opinion or Order Filing 76 ENDORSED ORDER denying without prejudice #50 Motion for Attorney Fees,as premature. Signed by Judge Gregory A. Presnell on 8/5/2015. (Presnell, Gregory)
August 4, 2015 Filing 75 AMENDED NOTICE of hearing on motion re #67 MOTION in limine (Partly Opposed; Partly Unopposed) regarding Plaintiff's claims for race/sex discrimination and Title VII/FCRA retaliation; Maxcine Bell's race discrimination claims/lawsuit; and Plaintiff's alleged "intangible" damages by Walt Disney Parks & Resorts U.S., Inc. Motion Hearing set for 8/14/2015 at 10:30 AM (at pretrial conference) in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
August 4, 2015 Filing 74 NOTICE OF RESCHEDULING HEARING: The final pretrial conference hearing previously scheduled for 8/13/15 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 8/14/2015 at 10:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (TKW)
August 4, 2015 Opinion or Order Filing 73 ENDORSED ORDER granting #72 Motion in Limine. Defendant prohibited from inquiring about, seeking to introduce evidence pertaining to or referencing in any way whether thePlaintiff has taken time under the Family and Medical Leave Act at his currentemployment with the City. Signed by Judge Gregory A. Presnell on 8/4/2015. (TKW)
August 3, 2015 Filing 72 Unopposed MOTION in limine regarding evidence of FMLA use at current employment by Michael Smith. (Scott, James)
August 3, 2015 Filing 71 NOTICE RESCHEDULING hearing (as to time only) on motion re #67 MOTION in limine (Partly Opposed; Partly Unopposed) regarding Plaintiff's claims for race/sex discrimination and Title VII/FCRA retaliation; Maxcine Bell's race discrimination claims/lawsuit; and Plaintiff's alleged "intan. Motion Hearing set for 8/13/2015 at 01:30 PM (at pretrial conference) in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
August 3, 2015 Opinion or Order Filing 70 ENDORSED ORDER granting #68 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 8/3/2015. (TKW)
August 3, 2015 Filing 69 NOTICE of hearing on motion re #67 MOTION in limine (Partly Opposed; Partly Unopposed) regarding Plaintiff's claims for race/sex discrimination and Title VII/FCRA retaliation; Maxcine Bell's race discrimination claims/lawsuit; and Plaintiff's alleged "intangible" damages by Walt Disney Parks & Resorts. Motion Hearing set at time of pretrial conference for 8/13/2015 at 09:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
July 31, 2015 Filing 68 Unopposed MOTION for Extension of Time (until 8/3/15) to File motion in limine by Michael Smith. (Scott, James) Modified on 8/3/2015 (SWT).
July 31, 2015 Filing 67 MOTION in limine (Partly Opposed; Partly Unopposed) regarding Plainitff's claims for race/sex discrimination and Title VII/FCRA retaliation; Maxcine Bell's race discrimination claims/lawsuit; and Plainitff's alleged "intangible" damages by Walt Disney Parks & Resorts U.S., Inc.. (Muldowney, Patrick)
July 28, 2015 Opinion or Order Filing 66 ENDORSED ORDER granting #65 Motion for Extension of Time to File Jury Instructions. Signed by Judge Gregory A. Presnell on 7/28/2015. (Presnell, Gregory)
July 27, 2015 Filing 65 Second MOTION for Extension of Time to File Plaintiff's Two Proposed Jury Instructions (request to allow out of time) by Michael Smith. (Scott, James) Modified on 7/28/2015 (SWT).
July 24, 2015 Filing 64 RESPONSE in Opposition re #50 MOTION for Attorney Fees MOTION for For Entry of Final Judgment as to Counts I-IV judgment filed by Michael Smith. (Scott, James)
July 23, 2015 Filing 63 Joint Proposed Voir Dire by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith. (Muldowney, Patrick) Modified on 7/24/2015 (MAL).
July 23, 2015 Filing 62 Joint Proposed Jury Instructions by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith. (Muldowney, Patrick) Modified on 7/24/2015 (MAL).
July 23, 2015 Filing 61 Joint PROPOSED verdict form filed by Walt Disney Parks & Resorts U.S. and Michael Smith, Inc. (Muldowney, Patrick) Modified on 7/24/2015 (MAL).
July 22, 2015 Opinion or Order Filing 60 ORDER granting in part and denying in part #56 Motion to bring electronic equipment to trial. Signed by Judge Gregory A. Presnell on 7/22/2015. Copies mailed. (LAM)
July 22, 2015 Opinion or Order Filing 59 ENDORSED ORDER granting #58 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 7/22/2015. (Presnell, Gregory)
July 21, 2015 Filing 58 Unopposed MOTION for Additional Extension of Time through and including July 23, 2015 to File Single Set of Jointly Proposed Jury Instructions, Verdict Form and Voir Dire Questions by Walt Disney Parks & Resorts U.S., Inc. (Muldowney, Patrick) Modified on 7/22/2015 (MAL).
July 21, 2015 Filing 57 JOINT FINAL PRETRIAL statement by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith. (Attachments: #1 Exhibit A - Plaintiff's Exhibit List, #2 Exhibit B - Defendant's Exhibit List, #3 Exhibit C - Plaintiff's Witness List, #4 Exhibit D - Defendant's Witness List, #5 Exhibit E - Defendant's Deposition Designations)(Muldowney, Patrick) Modified on 7/22/2015 (MAL).
July 21, 2015 Filing 56 Joint MOTION for miscellaneous relief, specifically to Bring Cellular Telephones, Computers, Mobile Printers, and Other Equipment into the Courtroom by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith. (Muldowney, Patrick) Modified on 7/22/2015 (MAL).
July 20, 2015 Reset deadlines as to #50 MOTION for Attorney Fees, MOTION for For Entry of Final Judgment as to Counts I-IV. Responses due by 7/24/2015 (SWT)
July 20, 2015 Opinion or Order Filing 55 ENDORSED ORDER granting #51 Motion to extend time. Signed by Judge Gregory A. Presnell on 7/20/2015. (ED)
July 20, 2015 Opinion or Order Filing 54 ENDORSED ORDER granting #53 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge David A. Baker on 7/20/2015. (Baker, David)
July 17, 2015 Filing 53 Unopposed MOTION for Extension of Time to July 24, 2015 to File Response as to #50MOTION for Attorney Fees, MOTION for For Entry of Final Judgment as to Counts I-IV judgment by Michael Smith. (Scott, James) Motions referred to Magistrate Judge David A. Baker. Modified on 7/20/2015 (SWT).
July 17, 2015 Filing 52 NOTICE of Co-Counsel Appearance by James A. Scott and Lance T. Davis, Jr on behalf of Michael Smith (Scott, James) Modified on 7/20/2015 (SWT).
July 16, 2015 Filing 51 Unopposed MOTION to extend time until 7/21/15 to file Joint Final Pretrial Statement and related documents by Michael Smith. (Scott, James) Modified on 7/17/2015 (JET).
June 30, 2015 Filing 50 MOTION for Attorney Fees , MOTION for For Entry of Final Judgment as to Counts I-IV judgment by Walt Disney Parks & Resorts U.S., Inc.. (Attachments: #1 Exhibit A - Affidavit)(Muldowney, Patrick)
June 29, 2015 Reset scheduling order deadlines: Final Pretrial Conference set for 8/13/2015 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (MAL)
June 22, 2015 Filing 49 NOTICE of Appearance by Salomon Laguerre on behalf of Walt Disney Parks & Resorts U.S., Inc. (Laguerre, Salomon)
June 16, 2015 Opinion or Order Filing 48 ORDER granting in part and denying in part #29 Motion for summary judgment. Signed by Judge Gregory A. Presnell on 6/16/2015. (ED)
March 26, 2015 Filing 47 Notice of Filing Evidence Upon Which They Rely in Support of Defendant's Reply Regarding its Motion for Summary Judgment< Resorts U.S., Inc. re #29 MOTION for summary judgment with Incorporated Memorandum of Law (Attachments: #1 Exhibit Transcript excerpt)(Muldowney, Patrick) Modified on 3/27/2015 (MAL).
March 26, 2015 Filing 46 REPLY to Response to Motion re #29 MOTION for summary judgment with Incorporated Memorandum of Law filed by Walt Disney Parks & Resorts U.S., Inc.. (Muldowney, Patrick)
March 17, 2015 Opinion or Order Filing 45 ENDORSED ORDER granting #44 Motion to Withdraw as Attorney. Signed by Magistrate Judge David A. Baker on 3/17/2015. (Baker, David)
March 17, 2015 Filing 44 MOTION for Tiffany L. Cummins to withdraw as attorney by Walt Disney Parks & Resorts U.S., Inc.. (Muldowney, Patrick) Motions referred to Magistrate Judge David A. Baker.
March 16, 2015 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Motion. Signed by Judge Gregory A. Presnell on 3/16/2015. (Presnell, Gregory)
March 12, 2015 Filing 42 MOTION for miscellaneous relief, specifically Allow Response Out of Time by Michael Smith. (Scott, James)
March 10, 2015 Filing 41 RESPONSE in Opposition re #29 MOTION for summary judgment with Incorporated Memorandum of Law filed by Michael Smith. (Scott, James)
March 10, 2015 Filing 40 NOTICE by Michael Smith re #29 MOTION for summary judgment with Incorporated Memorandum of Law Additional Evidence in Opposition to MSJ (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10)(Scott, James)
March 4, 2015 Filing 39 NOTICE with Incorporated Memorandum of Law of Evidence in Opposition to #29 MOTION for Summary Judment by Michael Smith (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5a, #6 Exhibit 5b, #7 Exhibit 5c, #8 Exhibit 5d, #9 Exhibit 5e, #10 Exhibit 5f, #11 Exhibit 5g, #12 Exhibit 5h, #13 Exhibit 5i, #14 Exhibit 5j, #15 Exhibit 5k, #16 Exhibit 5l, #17 Exhibit 5m, #18 Exhibit 5n, #19 Exhibit 5o, #20 Exhibit 6, #21 Exhibit 7)(Scott, James) Modified on 3/5/2015 (IGC).
March 4, 2015 Opinion or Order Filing 38 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 3/4/2015. (TKW) .
March 4, 2015 Opinion or Order Filing 37 ORDER granting #35 Motion to Continue. Amended Case Management and Scheduling Order will be docketed separately. Signed by Judge Gregory A. Presnell on 3/4/2015. (TKW)
March 4, 2015 Reset scheduling order deadlines: Pretrial statement due by 7/17/2015, All other motions due by 7/31/2015, Final Pretrial Conference set for 8/31/2015 at 01:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial term commencing on 9/1/2015 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (MAL)
March 3, 2015 Opinion or Order Filing 36 ENDORSED ORDER granting #34 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge David A. Baker on 3/3/2015. (Baker, David)
March 3, 2015 Filing 35 Unopposed MOTION to Continue Trial by Michael Smith. (Scott, James)
March 2, 2015 Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #29 MOTION for summary judgment with Incorporated Memorandum of Law by Michael Smith. (Scott, James) Motions referred to Magistrate Judge David A. Baker.
February 23, 2015 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge David A. Baker on 2/23/2015. (Baker, David)
February 23, 2015 Reset deadlines as to #29 MOTION for summary judgment with Incorporated Memorandum of Law. Responses due by 3/2/2015 (MAL)
February 20, 2015 Filing 32 Unopposed MOTION for Extension of Time to 3/2/15 to File Response/Reply as to #31 Order, #29 MOTION for summary judgment with Incorporated Memorandum of Law by Michael Smith. (Scott, James) Motions referred to Magistrate Judge David A. Baker. Modified on 2/23/2015 (IGC).
January 20, 2015 Opinion or Order Filing 31 MILBURN ORDER re #29 MOTION for summary judgment with Incorporated Memorandum of Law filed by Walt Disney Parks & Resorts U.S., Inc. Plaintiff will be allowed until February 20, 2015, to file a responsive memorandum. Defendant may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 1/20/2015. Copies mailed.(LAM)
January 19, 2015 Filing 30 NOTICE of Filing Evidence In Support of #29 MOTION for summary judgment with Incorporated Memorandum of Law by Walt Disney Parks & Resorts U.S., Inc. (Attachments: #1 Exhibit A - Declaration of M. Bell, #2 Exhibit B - Declaration of C. Salisbury, #3 Exhibit C - Part 1 of M. Smith depo transcript, #4 Exhibit D - Part 2 of M. Smith depo transcript, #5 Exhibit E - Excerpts of K. Rogers depo transcript)(Muldowney, Patrick) Modified on 1/20/2015 (JET).
January 19, 2015 Filing 29 MOTION for summary judgment with Incorporated Memorandum of Law by Walt Disney Parks & Resorts U.S., Inc.. (Muldowney, Patrick)
December 19, 2014 Opinion or Order Filing 28 ORDER denying as moot 26 Motion to compel ; denying without prejudice 26 Motion for attorney fees; denying #27 Motion to withdraw motion and for attorney fees. Signed by Magistrate Judge David A. Baker on 12/19/2014. (LAK)
December 18, 2014 Filing 27 STIPULATION and JOINT MOTION regarding Withdrawal of 26 MOTION to Compel Deposition Testimony and for Attorneys' Fees (With Incorporated Memorandum of Law) by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith. (Cummins, Tiffany) Modified on 12/19/2014 (IGC). Modified per attorney on 12/19/2014 (MAL).
November 5, 2014 Reset deadlines: Discovery due by 1/2/2015, Dispositive motions due by 1/19/2015 (MAL)
November 5, 2014 Opinion or Order Filing 25 ORDER granting in part #24 Motion for Extension of Time. The discovery deadline is 1/2/15. Dispositive motions deadline is 1/19/15. Signed by Magistrate Judge David A. Baker on 11/5/2014. (LAK) Modified on 11/6/2014 (LAK).
November 3, 2014 Filing 24 Joint MOTION for Extension of Time to Complete Discovery and to Extend Deadline for Filing Dispositive Motions by Walt Disney Parks & Resorts U.S., Inc. and Michael Smith (Cummins, Tiffany) Motions referred to Magistrate Judge David A. Baker. Modified on 11/4/2014 (MAL).
August 4, 2014 Filing 23 MEDIATION report Hearing held on August 1, 2014. Hearing outcome: Impasse.. (Sands, Kimberly)
June 26, 2014 Filing 22 Amended ANSWER and affirmative defenses to Complaint by Walt Disney Parks & Resorts U.S., Inc..(Cummins, Tiffany)
June 26, 2014 Opinion or Order Filing 21 ENDORSED ORDER granting #20 Motion for Leave to File Amended Answer. Signed by Judge Gregory A. Presnell on 6/26/2014. (ED)
June 25, 2014 Filing 20 Unopposed MOTION for leave to file Amended Answer and Defenses to Plaintiff's Complaint by Walt Disney Parks & Resorts U.S., Inc.. (Attachments: #1 Exhibit A - Proposed Amended Answer and Defenses)(Cummins, Tiffany)
April 3, 2014 Opinion or Order Filing 19 ORDER granting to the extent not moot #17 Motion to compel discovery. Signed by Magistrate Judge David A. Baker on 4/3/2014. (LAK)
April 2, 2014 Filing 18 RESPONSE to Motion re #17 MOTION to Compel the Plaintiff's Responses to the Defendant's First Set of Interrogatories and First Request for Production of Documents filed by Michael Smith. (Scott, James)
March 18, 2014 Filing 17 MOTION to Compel the Plaintiff's Responses to the Defendant's First Set of Interrogatories and First Request for Production of Documents by Walt Disney Parks & Resorts U.S., Inc.. (Attachments: #1 Exhibit A - Notice of Service of Defendant's First Set of Interrogatories to Plaintiff, #2 Exhibit B - Defendant's First Request for Production of Documents to Plaintiff)(Cummins, Tiffany) Motions referred to Magistrate Judge David A. Baker.
February 27, 2014 Filing 16 CASE REFERRED to Mediation; Kimberly Sands appointed Mediator. (JET)
February 27, 2014 Set/reset scheduling order deadlines: Amended Pleadings due by 4/30/2014, Joinder of Parties due by 4/30/2014, Discovery due by 12/1/2014, Dispositive motions due by 1/2/2015, Pretrial statement due by 4/10/2015, All other motions due by 4/24/2015, Final Pretrial Conference set for 5/14/2015 at 01:30 PM before Judge Gregory A. Presnell, Jury Trial set for the trial term commencing 6/1/2015 at 09:15 AM before Judge Gregory A. Presnell, Conduct mediation hearing by 1/2/2015. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 11/3/2014, Plaintiff disclosure of expert report due by 10/1/2014 (JET)
February 27, 2014 Opinion or Order Filing 15 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 2/27/2014. (TKW)
February 26, 2014 Filing 14 CASE MANAGEMENT REPORT. (Scott, James)
February 25, 2014 Opinion or Order Filing 13 ENDORSED ORDER granting #12 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/25/2014. (Presnell, Gregory)
February 24, 2014 Filing 12 Unopposed MOTION to extend time up to 2/28/14 to Respond to Interrogatories and Request to Produce by Michael Smith. (Scott, James) Modified on 2/25/2014 (IGC).
December 27, 2013 Filing 11 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Walt Disney Parks & Resorts U.S., Inc.. Related case(s): n (Muldowney, Patrick)
December 27, 2013 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Walt Disney Parks & Resorts U.S., Inc.. (Muldowney, Patrick)
December 23, 2013 Filing 9 DEMAND for trial by jury by Michael Smith. (Scott, James)
December 23, 2013 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Michael Smith. (Scott, James) Modified on 12/24/2013 (JEV).
December 23, 2013 Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Michael Smith. Related case(s): No (Scott, James) Modified on 12/24/2013 (JEV).
December 19, 2013 Filing 6 ANSWER and affirmative defenses to #2 Complaint by Walt Disney Parks & Resorts U.S., Inc..(Muldowney, Patrick)
December 13, 2013 Opinion or Order Filing 5 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/27/2013. Signed by Judge Gregory A. Presnell on 12/13/2013. Copies mailed.(LAM)
December 13, 2013 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/27/2013. Signed by Judge Gregory A. Presnell on 12/13/2013. Copies mailed.(LAM)
December 12, 2013 Filing 3 RETURN of service executed on 11/22/2013 by Michael Smith as to Walt Disney Parks & Resorts U.S., Inc. (ORIGINALLY FILED IN STATE COURT ON 11/27/2013). (SR)
December 12, 2013 Filing 2 COMPLAINT filed by Michael Smith against Walt Disney Parks & Resorts U.S., Inc. with Jury Demand (ORIGINALLY FILED IN STATE COURT ON 9/30/2013). (Attachments: #1 Civil Cover Sheet)(SR)
December 12, 2013 Filing 1 NOTICE OF REMOVAL from Ninth Judicial Circuit, Orange County, FL, of case number 2013-CA-12008-O filed in State Court on 9/30/2013. (Filing fee $ 400, receipt number Orl-30276) (Attachments: #1 State Court Documents, #2 Civil Cover Sheet)(SR)

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Defendant: Walt Disney Parks & Resorts U.S., Inc.
Represented By: Tiffany Cummins Nick
Represented By: Salomon Laguerre
Represented By: Patrick M. Muldowney
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Plaintiff: Michael Smith
Represented By: James A. Scott, Jr.
Represented By: Lance Thomas Davies
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