Burgess v. Universal City Development Partners, Ltd.
| Shaeda Burgess |
| Universal City Development Partners, LTD d/b/a Universal Orlando Resort, Universal City Development Partners, Ltd. and Universal City Development Partners, Ltd. a Florida limited partnership doing business as Universal Orlando Resort |
| 6:2019cv02156 |
| November 12, 2019 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Leslie R Hoffman |
| Gregory J Kelly |
| Gregory A Presnell |
| Consumer Credit |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.
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Filing 56
ENDORSED ORDER discharging #36 Order to Show Cause. In light of the parties' resolution of this case, the Court declines to enter sanctions against Plaintiff or her counsel at this time. Nevertheless, Plaintiff and her counsel are hereby placed on notice that such conduct will not be tolerated in the future. The Clerk is directed to close this case. Signed by Judge Wendy W. Berger on 8/16/2021. (MDJ)
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| Filing 55 MANDATE of USCA as to #50 Notice of Appeal filed by Shaeda Burgess Issued as Mandate: 2/18/2021 USCA number: 20-14605. DISMISSED. (TNP) |
| Filing 54 STIPULATION of Dismissal With Prejudice by Shaeda Burgess. (Owens, Scott) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #50 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 20-14605 (TNP) |
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Filing 53
NOTICE TO COUNSEL AND PARTIES: The Local Rules of the Middle District of Florida have been amended effective February 1, 2021, and will apply, as amended and in accordance with the January 13, 2021 Standing Order, to this case for all filings made on or after February 1, 2021. Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the striking of non-compliant filings, dismissal of this action, or entry of default without further notice. Signed by Judge Wendy W. Berger on 1/27/2021.(RMF)ctp
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| Filing 52 TRANSCRIPT information form filed by Shaeda Burgess re #50 Notice of Appeal. USCA number: 20-14605. (Owens, Scott) |
| Filing 51 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #50 Notice of Appeal. (KNC) |
| Filing 50 NOTICE OF APPEAL as to #36 Order on Motion to Remand to State CourtOrder on Motion to Dismiss by Shaeda Burgess. Filing fee $ 505, receipt number 113A-17630850. (Attachments: #1 Exhibit A | Order Granting Motion to Dismiss)(Owens, Scott) |
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Filing 49
ORDER denying #42 Plaintiff's Motion for Reconsideration. Signed by Judge Wendy W. Berger on 11/16/2020. (RMF)ctp
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| Filing 48 NOTICE of supplemental authority of Marshall v. Motel 6 Operating LP by Shaeda Burgess. (Attachments: #1 Exhibit A)(Owens, Scott) Modified text on 10/30/2020 (TNP). |
| Filing 47 NOTICE of supplemental authority of Muransky v. Godiva Chocolatier, Inc., by Shaeda Burgess. (Attachments: #1 Exhibit A)(Owens, Scott) Modified text on 10/30/2020 (TNP). |
| Filing 46 NOTICE of change of address by Scott David Owens (Owens, Scott) |
| Filing 45 NOTICE of supplemental authority re #42 MOTION for Reconsideration re #36 Order on Motion to Remand to State Court, Order on Motion to Dismiss by Shaeda Burgess. (Attachments: #1 Exhibit Mittenthal Opinion)(Owens, Scott) Modified on 7/15/2020 (KNC). |
| Filing 44 RESPONSE in Opposition re #42 MOTION for Reconsideration re #36 Order on Motion to Remand to State CourtOrder on Motion to Dismiss filed by Universal City Development Partners, Ltd.. (Griswold, Joel) |
| Filing 43 NOTICE of supplemental authority by Shaeda Burgess. (Attachments: #1 Exhibit A - Quality Assocs., Inc. v. The Procter & Gamble Distrib. LLC)(Owens, Scott) |
| Filing 42 MOTION for Reconsideration re #36 Order on Motion to Remand to State CourtOrder on Motion to Dismiss by Shaeda Burgess. (Owens, Scott) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 41 NOTICE of supplemental authority re #40 Response to order to show cause by Shaeda Burgess. (Attachments: #1 Exhibit A)(Owens, Scott) |
| Filing 40 RESPONSE TO ORDER TO SHOW CAUSE re #36 Order on Motion to Remand to State CourtOrder on Motion to Dismiss filed by Shaeda Burgess. (Attachments: #1 Exhibit A - Declaration of Scott D. Owens, #2 Exhibit B - Declaration of James S. Giardina, #3 Exhibit C - Emails, #4 Exhibit D - Declaration of Professor Brian T. Fitzpatrick, #5 Exhibit D1 - Curriculum Vitae of Professor Brian T. Fitzpatrick, #6 Exhibit E - Declaration of Attorney Scott K. Tozian, #7 Exhibit E1 - Exhibit to Declaration of Attorney Scott K. Tozian, #8 Exhibit F - April 10, 2020 Email)(Owens, Scott) |
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Filing 39
ENDORSED ORDER granting #38 Motion for Leave to File Excess Pages. The Plaintiff's response to the Order to Show Cause #36 shall not exceed a total of twenty-six pages in length. Signed by Magistrate Judge Leslie R. Hoffman on 5/12/2020. (MDH)
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| Filing 38 Unopposed MOTION to File Excess Pages by Shaeda Burgess. (Owens, Scott) Motions referred to Magistrate Judge Leslie R. Hoffman. |
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Filing 37
ENDORSED ORDER denying as moot #35 Motion to Compel. (See Doc. 36). Signed by Magistrate Judge Leslie R. Hoffman on 5/1/2020. (MDH)
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| Set deadline: Show Cause Response due by 5/14/2020 (LDJ) |
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Filing 36
ORDER: The Motion to Dismiss #18 is GRANTED in part. To the extent that Defendant seeks dismissal pursuant to the first filed rule, the Motion is granted. In all other respects, the Motion is DENIED without prejudice. This case is DISMISSED without prejudice. The Motion to Remand #15 is DENIED as moot. On or before May 14, 2020, Plaintiff and Plaintiff's counsel of record shall SHOW CAUSE why sanctions, up to and including monetary sanctions and an award of Defendant's attorneys' fees and costs, shall not be imposed against each pursuant to Federal Rule of Civil Procedure 11, 28 U.S.C. 1927, and this Court's inherent authority. Signed by Judge Wendy W. Berger on 4/30/2020. (RMF)ctp
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| Filing 35 MOTION to Compel Responses to Discovery Requests by Shaeda Burgess. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Owens, Scott) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified text on 4/30/2020 (LDJ). |
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Filing 34
ORDER granting in part and denying in part #33 Motion for Leave. See Order for details. Signed by Magistrate Judge Leslie R. Hoffman on 4/29/2020. (MDH)
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| Reset scheduling order deadlines: Amended Pleadings due by 6/1/2020. (MAA) |
| Filing 33 MOTION for Miscellaneous Relief, specifically Relief from Local Rule 3.04(a) by Shaeda Burgess. (Owens, Scott) Motions referred to Magistrate Judge Leslie R. Hoffman. |
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Filing 32
ORDER denying without prejudice #31 Motion to Compel. See Order for details. Signed by Magistrate Judge Leslie R. Hoffman on 4/24/2020. (MDH)
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| Filing 31 MOTION to Compel Responses to Discovery Requests by Shaeda Burgess. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Owens, Scott) Motions referred to Magistrate Judge Leslie R. Hoffman. |
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Filing 30
ORDER granting #29 Motion for Extension of Time. The deadline to file a motion for class certification is November 20, 2020. Signed by Magistrate Judge Leslie R. Hoffman on 2/7/2020. (MDH)
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| Filing 29 MOTION for Extension of Time to File Motion for Class Certification by Shaeda Burgess. (Owens, Scott) |
| Filing 28 CASE REFERRED to Mediation. Rodney Max appointed as Mediator. (BIA) |
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/20/2020, Joinder of Parties due by 3/20/2020, Discovery due by 11/6/2020, Dispositive motions due by 4/5/2021, Pretrial statement due by 8/30/2021, All other motions due by 7/26/2021, Plaintiff disclosure of expert report due by 8/28/2020, Defendant disclosure of expert report due by 9/28/2020, Trial Status Conference set for 9/14/2021 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 10/4/2021 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 11/20/2020. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 1/15/2020. (RMF)(ctp).
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| Filing 26 RESPONSE in Opposition re #18 MOTION to Dismiss Complaint and Memorandum In Support Pursuant To First-Filed Doctrine and Rule 12(B)(6) filed by Shaeda Burgess. (Owens, Scott) |
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Filing 25
ORDER granting #23 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020. (MKH)
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| Filing 24 CASE MANAGEMENT REPORT. (Owens, Scott) |
| Filing 23 Unopposed MOTION for Leave to File Excess Pages by Shaeda Burgess. (Owens, Scott) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #16 Order to show cause filed by Shaeda Burgess. (Owens, Scott) |
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Filing 21
ENDORSED ORDER granting #17 Motion to Conduct Case Management Conference Telephonically. The parties may conduct the case management conference telephonically for the purpose of preparing the Case Management Report. Signed by Magistrate Judge Leslie R. Hoffman on 12/23/2019. (MDH)
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re #16 Order to show cause filed by Universal City Development Partners, Ltd.. (Griswold, Joel) |
| Filing 19 RESPONSE in Opposition re #15 Motion to remand to state court by Universal City Development Partners, Ltd. (Griswold, Joel) Modified on 12/26/2019 (BIA). |
| Filing 18 MOTION to Dismiss Complaint and Memorandum In Support Pursuant To First-Filed Doctrine and Rule 12(B)(6) by Universal City Development Partners, Ltd.. (Griswold, Joel) |
| Filing 17 Joint MOTION for miscellaneous relief, specifically Leave to Conduct Telephonic Case Management Conference by Shaeda Burgess. (Owens, Scott) |
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Filing 16
ORDER to Show Cause: It is ORDERED that the parties shall show cause, in writing, to this Court on or before 12/23/19, why this case should not be consolidated and joined for trial under Federal Rule of Civil Procedure 42(a) and Local Rule 1.04(c) with case number 6:19-cv-1041-Orl-78LRH. Signed by Judge Wendy W. Berger on 12/16/2019. (RMF)(ctp).
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| Filing 15 MOTION to remand to State Court by Shaeda Burgess. (Attachments: #1 Exhibit A - Motion to Dismiss)(Owens, Scott) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Shaeda Burgess. (Owens, Scott) |
| Filing 13 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Shaeda Burgess. Related case(s): yes (Owens, Scott) |
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Filing 12
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 11/26/2019. (RMF)(ctp).
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Filing 11
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 12/9/2019. Signed by Judge Wendy W. Berger on 11/25/2019. (RMF)(ctp).
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| Filing 10 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/9/2019. Signed by Deputy Clerk on 11/25/2019. (RMF)(ctp). |
| Filing 9 Case Reassigned to Judge Wendy W. Berger and Magistrate Judge Leslie R. Hoffman. New case number: 6:19-cv-2156-Orl-78LRH. Judge Gregory A. Presnell and Magistrate Judge Gregory J. Kelly no longer assigned to the case. (MAA) |
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Filing 8
ORDER reassigning this case to the Honorable Wendy W. Berger for all further proceedings pursuant to Local Rule 1.04(b). Signed by Judge Gregory A. Presnell on 11/13/2019. (LAM)
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| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Universal City Development Partners, Ltd. identifying Other Affiliate Comcast Corporation, Other Affiliate NBCUniversal Media, LLC for Universal City Development Partners, Ltd... (Griswold, Joel) |
| Filing 6 NOTICE of Appearance by Joel Christopher Griswold on behalf of Universal City Development Partners, Ltd. (Griswold, Joel) |
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Filing 5
ORDER In the interests of justice, the undersigned transfers this case to United States Magistrate Judge Leslie R. Hoffman, with her permission, to be considered along with Case No. 6:19-cv-01041-78-LRH. Signed by Magistrate Judge Gregory J. Kelly on 11/13/2019. (MB)
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| Filing 4 NOTICE of pendency of related cases per Local Rule 1.04(d) by Universal City Development Partners, LTD d/b/a Universal Orlando Resort. Related case(s): yes (Griswold, Joel) |
| Filing 3 NEW CASE ASSIGNED to Judge Gregory A. Presnell. New case number: 6:19-cv-2156-Orl-31GJK. Judge Anne C. Conway no longer assigned to the case. (SJB) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Gregory J. Kelly. New case number: 6:19-cv-2156-Orl-22GJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Orange County Circuit Court, case number 2019-CA-012678-O filed in State Court on 10/16/2019. Filing fee $ 400, receipt number 113A-16132998 filed by Universal City Development Partners, LTD d/b/a Universal Orlando Resort. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Griswold, Joel) |
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