Wagner v. Disney Destination LLC et al
Plaintiff: Wagner and James Wagner
Defendant: Disney Destination LLC, Walt Disney Parks and Resorts, LLC, Disney Reservation Center, Disney Worldwide Services, Inc. and Walt Disney Parks and Resorts U.S., Inc.
Case Number: 6:2016cv01981
Filed: November 14, 2016
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Anne C Conway
Referring Judge: Daniel C Irick
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 16, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2018 Opinion or Order Filing 60 ORDER granting in part and denying in part #58 motion to dismiss; adopting Report and Recommendations re #59 Report and Recommendations. This case is DISMISSED pursuant to Federal Rules of Civil Procedure 37(d)(3) and 41(b). The Motion is denied in all other respects. The Clerk is directed to CLOSE the case. Signed by Judge Anne C. Conway on 4/16/2018. (RMF)
March 27, 2018 Filing 59 REPORT AND RECOMMENDATIONS re #58 MOTION to Dismiss Defendant's Renewed Motion to Dismiss for Failure to Attend Deposition and to Provide Responses to Discovery Requests and Motion for Attorneys' Fees filed by Disney Destination LLC. Signed by Magistrate Judge Daniel C. Irick on 3/27/2018. (JET)
March 9, 2018 Filing 58 Defendant's Renewed Motion to Dismiss for Failure to Attend Deposition and to Provide Responses to Discovery Requests and Motion for Attorneys' Fees by Disney Destination LLC. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - Email, #3 Exhibit C - Cert of Nonappearance)(Muldowney, Patrick) Modified on 3/12/2018 (RMF).
February 15, 2018 Filing 57 CERTIFICATE of compliance re #56 Order on Motion to Withdraw as AttorneyOrder on motion to dismissOrder on motion to compel by James Wagner. (Naranjo, Alberto)
February 14, 2018 Opinion or Order Filing 56 ORDER granting #49 Motion to Withdraw as Attorney, Attorney Alberto Naranjo, Jr terminated; granting in part and denying in part #52 motion to dismiss or in the alternative to Compel Plaintiff's Deposition and Responses to Discovery Requests and for Attorney Fees. Signed by Magistrate Judge Daniel C. Irick on 2/14/2018. (JET)
February 13, 2018 Filing 55 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 2/13/2018 re #49 Second MOTION for AN Law Firm, P.A. - Alberto Naranjo to withdraw as attorney filed by James Wagner, #52 MOTION to Dismiss for plaintiff's failure to attend deposition (or in the alternative) MOTION to Compel plaintiff's deposition and responses to discovery requests and motion for attorneys' fees filed by Disney Destination LLC. (Digital) (RN)
February 12, 2018 Filing 54 RESPONSE to Motion re #52 MOTION to Dismiss for plaintiff's failure to attend deposition (or in the alternative) MOTION to Compel plaintiff's deposition and responses to discovery requests and motion for attorneys' fees filed by James Wagner. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Naranjo, Alberto)
February 6, 2018 Set deadline as to #52 MOTION to Dismiss for plaintiff's failure to attend deposition (or in the alternative) MOTION to Compel plaintiff's deposition and responses to discovery requests and motion for attorneys' fees . Responses due by 2/12/2018 (RMF)
February 6, 2018 Opinion or Order Filing 53 ENDORSED ORDER re #52 Defendant's Motion to Dismiss. Plaintiff shall file a response to the Motion to Dismiss (Doc. 52) on or before February 12, 2018. The Court will address the Motion to Dismiss (Doc. 52) at the hearing scheduled for February 13, 2018. Thus, the parties shall be prepared to address the same at the hearing. Signed by Magistrate Judge Daniel C. Irick on 2/6/2018. (Irick, Daniel)
February 5, 2018 Filing 52 MOTION to Dismiss for plaintiff's failure to attend deposition (or in the alternative), MOTION to Compel plaintiff's deposition and responses to discovery requests and motion for attorneys' fees by Disney Destination LLC. (Attachments: #1 Exhibit A - E-mail Correspondence, #2 Exhibit B - Defendant's Notice of Taking Deposition of Plaintiff (set for January 4, 2018), #3 Exhibit C - E-mail Correspondence, #4 Exhibit D - Defendant's Amended Notice of Taking Deposition (set for January 19, 2018, #5 Exhibit E - Certificate of Non-Appearance)(Muldowney, Patrick) Motions referred to Magistrate Judge Daniel C. Irick.
January 30, 2018 Filing 51 NOTICE of compliance re 50 Notice of hearing on motion by James Wagner (Naranjo, Alberto)
January 30, 2018 Filing 50 NOTICE of Hearing on motion re #49 Second MOTION for AN Law Firm, P.A. - Alberto Naranjo to withdraw as attorney . Motion Hearing set for 2/13/2018 at 02:00 PM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. Counsel for both parties and Plaintiff shall appear at the hearing in person. Plaintiff's counsel shall immediately inform Plaintiff about the hearing, and mail him a letter detailing the date, time, location, and purpose of the hearing, and include a copy of the notice of hearing with the letter. After Plaintiff's counsel has informed Plaintiff about the hearing, Plaintiff's counsel shall file a notice with the Court on or before February 5, 2018, certifying that he has complied with the Court's notice of hearing.(RN)
January 29, 2018 Filing 49 Second MOTION for AN Law Firm, P.A. - Alberto Naranjo to withdraw as attorney by James Wagner. (Naranjo, Alberto) Motions referred to Magistrate Judge Daniel C. Irick.
November 16, 2017 Filing 48 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: TELEPHONIC MOTION HEARING held on 11/16/2017 re #44 MOTION to Compel Discovery Responses filed by James Wagner. (Digital) (RN)
November 16, 2017 Opinion or Order Filing 47 ORDER denying without prejudice #36 Motion to dismiss for lack of prosecution. Signed by Magistrate Judge Daniel C. Irick on 11/16/2017. (JET)
November 16, 2017 Opinion or Order Filing 46 ORDER granting in part and denying in part #44 Motion to Compel Discovery Responses. Signed by Magistrate Judge Daniel C. Irick on 11/16/2017. (JET)
November 7, 2017 Opinion or Order Filing 45 ENDORSED ORDER denying as moot #41 Motion to Compel Discovery Responses. Motion refiled with Legal Memorandum at Doc. 44. Signed by Magistrate Judge Daniel C. Irick on 11/7/2017. (Irick, Daniel)
November 7, 2017 Filing 44 MOTION to Compel Discovery Responses by James Wagner. (Naranjo, Alberto) Motions referred to Magistrate Judge Daniel C. Irick.
November 7, 2017 Opinion or Order Filing 43 ORDER VACATING Endorsed Order #42 and Setting Telephonic Hearing on Motion #41 MOTION to Compel Discovery Responses : Telephonic Motion Hearing set for 11/16/2017 at 10:00 AM before Magistrate Judge Daniel C. Irick. Signed by Magistrate Judge Daniel C. Irick on 11/7/2017. (JET)
November 6, 2017 Opinion or Order Filing 42 ***VACATED***ENDORSED ORDER denying #41 Motion to Compel Discovery. The Motion fails to comply with Local Rule 3.01(a) and was filed after the discovery deadline. Signed by Magistrate Judge Daniel C. Irick on 11/6/2017. (Irick, Daniel) Modified on 11/7/2017 (JET). VACATED PER ORDER #43.
November 6, 2017 Filing 41 MOTION to Compel Discovery Responses by James Wagner. (Naranjo, Alberto) Motions referred to Magistrate Judge Daniel C. Irick.
November 2, 2017 Filing 40 NOTICE by Disney Destination LLC re #39 Response to motion, #36 MOTION to dismiss for lack of prosecution (and Memorandum of Law in Support Thereof) (Attachments: #1 Exhibit A - email chain between Plaintiff's counsel and Defendant's counsel, #2 Exhibit B - unsigned verification page)(Martin, Meagan)
October 27, 2017 Filing 39 RESPONSE to Motion re #36 MOTION to dismiss for lack of prosecution (and Memorandum of Law in Support Thereof) filed by James Wagner. (Naranjo, Alberto)
October 20, 2017 Opinion or Order Filing 38 ENDORSED ORDER granting in part and denying in part #37 Unopposed Motion for Extension of Time to File Response to #36 Motion to dismiss. On or before 10/27/2017, Plaintiff shall file a response to the motion to dismiss. Good cause has not been stated for a further extension. Signed by Magistrate Judge Daniel C. Irick on 10/20/2017. (Irick, Daniel)
October 19, 2017 Filing 37 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to dismiss for lack of prosecution (and Memorandum of Law in Support Thereof) by James Wagner. (Naranjo, Alberto) Motions referred to Magistrate Judge Daniel C. Irick.
October 10, 2017 Filing 36 MOTION to dismiss for lack of prosecution (and Memorandum of Law in Support Thereof) by Disney Destination LLC. (Martin, Meagan)
August 31, 2017 Opinion or Order Filing 35 ORDER denying without prejudice #27 Motion to Withdraw. Signed by Magistrate Judge Daniel C. Irick on 8/31/2017. (RN)
August 30, 2017 Filing 34 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 8/30/2017 re #27 MOTION to Withdraw Attorney filed by James Wagner. (Digital) (RN)
August 25, 2017 Filing 33 NOTICE of rescheduled hearing on #27 Motion to Withdraw Attorney. Motion Hearing set for 8/30/2017 at 10:00 AM in Orlando Courtroom 5C before Magistrate Judge Daniel C. Irick. Plaintiff's counsel shall immediately inform Plaintiff of the rescheduled hearing. Plaintiff and Defendant's counsel shall appear at the hearing in person. Plaintiff's counsel may appear at the hearing in person or via telephone. If Plaintiff's counsel elects to appear at the hearing via telephone, counsel shall call the courtroom at 407-835-3834 at least five minutes before the hearing is scheduled to begin. (MDH)
August 25, 2017 Opinion or Order Filing 32 ENDORSED ORDER granting #30 Motion to Reschedule. The Court will enter a separate notice rescheduling the hearing for August 30, 2017. Signed by Magistrate Judge Daniel C. Irick on 8/25/2017. (Irick, Daniel)
August 24, 2017 Filing 31 RESPONSE to Motion re #30 MOTION for miscellaneous relief, specifically RESCHEDULE HEARING SET FOR 8-28-17 filed by Disney Destination LLC. (Attachments: #1 Exhibit A - corresondence between counsel)(Muldowney, Patrick)
August 24, 2017 Filing 30 MOTION for miscellaneous relief, specifically RESCHEDULE HEARING SET FOR 8-28-17 by James Wagner. (Naranjo, Alberto)
August 22, 2017 Filing 29 NOTICE of Hearing on motion re #27 MOTION to Withdraw Attorney. Motion Hearing set for 8/28/2017 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. Plaintiff and Defendant's counsel shall appear at the hearing in person. Plaintiff's counsel may appear at the hearing in person or via telephone. If Plaintiff's counsel elects to appear at the hearing via telephone, counsel shall call the courtroom at 407-835-3834 at least five minutes before the hearing is scheduled to begin.(RN)
August 17, 2017 Filing 28 NOTICE OF Charge Lien by James Wagner (Naranjo, Alberto) Modified on 8/18/2017 (JLC).
August 17, 2017 Filing 27 MOTION to Withdraw Attorney by James Wagner. (Naranjo, Alberto)
May 9, 2017 Opinion or Order Filing 26 ORDER and AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: The Agreed Motion to Stay (Doc. No. #25)is denied. The Court resets the remaining Scheduling Order deadlines as follows: Discovery due by 2/27/2018, Dispositive motions due by 4/2/2018, All other motions due by 5/7/2018, Plaintiff disclosure of expert report due by 12/28/2017, Defendant disclosure of expert report due by 1/29/2018, Jury Trial set for 11/1/2018 at 09:00 AM before Judge Anne C. Conway Signed by Judge Anne C. Conway on 5/9/2017. (JLC) Modified on 5/9/2017 (JLC).
May 8, 2017 Filing 25 MOTION to stay Proceedings by James Wagner. (Naranjo, Alberto)
May 6, 2017 Filing 24 NOTICE by James Wagner (Naranjo, Alberto)
April 7, 2017 Filing 23 NOTICE of Mediation by James Wagner re #21 Order to show cause, #20 Case management and scheduling order (Naranjo, Alberto) Modified on 4/10/2017 (JLC).
April 6, 2017 Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #21 Order to show cause filed by James Wagner. (Naranjo, Alberto)
March 24, 2017 Opinion or Order Filing 21 ORDER to show cause why Counsel has failed to file the Notice of Mediation Conference as to Plaintiff James Waner. Show Cause Response and filing of required Notice due by 4/7/2017. Signed by Judge Anne C. Conway on 3/24/2017. (JLC)
February 13, 2017 Opinion or Order Filing 20 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/3/2017, Joinder of Parties due by 3/3/2017, Discovery due by 10/27/2017, Dispositive motions due by 12/1/2017, Pretrial statement due by 2/20/2018, All other motions due by 1/5/2018, Plaintiff disclosure of expert report due by 8/28/2017, Defendant disclosure of expert report due by 9/29/2017, Jury Trial set for 4/2/2018 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Signed by Judge Anne C. Conway on 2/13/2017. (JLC)
February 10, 2017 Filing 19 CASE MANAGEMENT REPORT. (Martin, Meagan)
February 6, 2017 Filing 18 Defendant's ANSWER to #9 Amended Complaint by Disney Destination LLC.(Muldowney, Patrick)
January 26, 2017 Opinion or Order Filing 17 ENDORSED ORDER granting #16 Motion to Appear Telephonically at the Case Management Conference. Provided the parties agree to the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Daniel C. Irick on 1/26/2017. (Irick, Daniel)
January 25, 2017 Filing 16 MOTION to Appear Telephonically by James Wagner. (Attachments: #1 Text of Proposed Order)(Naranjo, Alberto) Motions referred to Magistrate Judge Daniel C. Irick.
January 19, 2017 Opinion or Order Filing 15 ENDORSED ORDER granting #14 Motion for Enlargement of Time to Respond to Complaint. Defendant shall file a response to the amended complaint #9 on or before February 6, 2017. Signed by Magistrate Judge Daniel C. Irick on 1/19/2017. (Irick, Daniel)
January 18, 2017 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint (and Memorandum of Law in Support Thereof) by Disney Destination LLC. (Martin, Meagan) Motions referred to Magistrate Judge Daniel C. Irick.
January 17, 2017 Filing 13 NOTICE of Appearance by Meagan Leigh Martin on behalf of Disney Destination LLC (Martin, Meagan)
January 17, 2017 Filing 12 NOTICE of pendency of related cases re #6 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Disney Destination LLC. Related case(s): n (Muldowney, Patrick)
January 17, 2017 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #6 Related case/interested persons/ECF-2 by Disney Destination LLC. (Muldowney, Patrick)
December 20, 2016 Filing 10 WAIVER of service returned executed on 12/08/16 by James Wagner as to Disney Destination LLC. (Naranjo, Alberto)
December 20, 2016 Filing 9 AMENDED COMPLAINT against Disney Destination LLC with Jury Demand. filed by James Wagner.(Naranjo, Alberto)
December 1, 2016 Filing 8 NOTICE of pendency of related cases re #6 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by James Wagner. Related case(s): N (Naranjo, Alberto) Modified on 12/5/2016 (JLC).
December 1, 2016 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #6 Related case/interested persons/ECF-2 by James Wagner. (Naranjo, Alberto)
November 17, 2016 Opinion or Order Filing 6 RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 12/1/2016, Certificate of interested persons and corporate disclosure statement due by 12/1/2016. Signed by Judge Anne C. Conway on 11/17/2016. (JLC)
November 14, 2016 Filing 5 SUMMONS issued as to Walt Disney Parks and Resorts, LLC. (JLC)
November 14, 2016 Filing 4 SUMMONS issued as to Disney Destination LLC. (JLC)
November 14, 2016 Filing 3 SUMMONS issued as to Disney Worldwide Services, Inc. (JLC)
November 14, 2016 Filing 2 SUMMONS issued as to Walt Disney Parks and Resorts U.S., Inc. (JLC)
November 14, 2016 Filing 1 COMPLAINT against Disney Destination LLC, Disney Worldwide Services, Inc., Walt Disney Parks and Resorts U.S., Inc., Walt Disney Parks and Resorts, LLC with Jury Demand (Filing fee $ 400 receipt number 58413) filed by James Wagner. (Attachments: #1 Civil Cover Sheet)(JLC)

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Defendant: Disney Destination LLC
Represented By: Meagan Leigh Martin
Represented By: Patrick M. Muldowney
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Defendant: Walt Disney Parks and Resorts, LLC
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Defendant: Disney Reservation Center
Represented By: Meagan Leigh Martin
Represented By: Patrick M. Muldowney
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Defendant: Disney Worldwide Services, Inc.
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Defendant: Walt Disney Parks and Resorts U.S., Inc.
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Plaintiff: Wagner
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Plaintiff: James Wagner
Represented By: Alberto Naranjo, Jr.
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