Payne v. Westgate Vacation Villas and Town Center Resort
| Benjamin W Payne |
| Westgate Vacation Villas and Town Center Resort |
| 6:2021cv01281 |
| August 11, 2021 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Gregory J Kelly |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 41 CASE REFERRED to Mediation. (LDJ) |
Filing 40
ORDER the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before October 19, 2021. Signed by Judge Wendy W. Berger on 10/5/2021. (RMF)ctp
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Filing 39
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/5/2021 Joinder of Parties due by 11/5/2021 Discovery due by 2/3/2023 Dispositive motions due by 3/7/2023 Pretrial statement due by 7/10/2023 All other motions due by 6/7/2023 Plaintiff disclosure of expert report due by 6/24/2022 Defendant disclosure of expert report due by 7/25/2022 Trial Status Conference set for 7/11/2023 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Bench Trial set for trial term commencing 8/7/2023 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 2/17/2023. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 10/5/2021. (RMF)ctp
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Filing 38
ENDORSED ORDER granting #34 Motion to Withdraw by Christopher H. Murray. Attorney Christopher Howell Murray terminated. Signed by Magistrate Judge Gregory J. Kelly on 9/21/2021. (KRR)
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| Filing 37 CASE MANAGEMENT REPORT. (Hall, Monifa) |
| Filing 36 NOTICE of a related action per Local Rule 1.07(c) by Westgate Vacation Villas and Town Center Resort. Related case(s): No (Hall, Monifa) |
| Filing 35 CERTIFICATE of interested persons and corporate disclosure statement by Westgate Vacation Villas and Town Center Resort. (Hall, Monifa) |
| Filing 34 MOTION for Christopher Howell Murray to Withdraw as Attorney by Westgate Vacation Villas and Town Center Resort. (LDJ) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 33
ORDER denying #30 MOTION TO WITHDRAW BY CHRISTOPHER H. MURRAY. Signed by Magistrate Judge Gregory J. Kelly on 8/18/2021. (KRR)
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| Filing 32 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). (RMF)ctp |
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Filing 31
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). 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 8/17/2021. (RMF)ctp
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| Filing 30 MOTION for Christopher H. Murray to Withdraw as Attorney by Westgate Vacation Villas and Town Center Resort. (New, Benjamin) Motions referred to Magistrate Judge Gregory J. Kelly. Modified text on 8/13/2021 (LDJ). |
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Filing 29
ORDER Judge Kelly's Standing Discovery Order Signed by Magistrate Judge Gregory J. Kelly on 8/12/2021. (MB)
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| Filing 28 NOTICE to counsel Christopher Howell Murray Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ALL) |
| Filing 27 TRANSFER IN from the Northern District of Alabama. Case assigned to District Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New Case Number: 6:21-cv-01281-WWB-GJK. (ALL) |
| Filing 26 Case transferred in from District of Alabama Northern; Case Number 4:21-cv-00428. File received electronically |
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Filing 25
ORDER transferring case to another district: ORDER transferring case to the District of Florida Middle; original electronic record and certified copy of docket entries will be mailed to Clerk of Court 10 business days from this date.. Signed by Judge Corey L Maze on 8/10/2021. (KEK) [Transferred from alnd on 8/11/2021.]
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| Filing 24 NOTICE by Westgate Vacation Villas and Town Center Resort re #23 Order to Show Cause, (Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
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Filing 23
ORDER TO SHOW CAUSE So the court ORDERS Defendant to show cause in writing by August 9, 2021, why this action should not be transferred to the United States District Court for the Middle District of Florida. Signed by Judge Corey L. Maze on 8/2/2021. (SRD) [Transferred from alnd on 8/11/2021.]
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| Filing 22 MOTION to Transfer Case by Benjamin W Payne. (MRR, ) [Transferred from alnd on 8/11/2021.] |
| Filing 21 PRO SE GUIDE (SRD) [Transferred from alnd on 8/11/2021.] |
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Filing 20
ORDER granting #5 Motion to Dismiss. Plaintiff has until July 30,2021 to file an amended complaint that addresses the issues discussed within. Signed by Judge Corey L. Maze on 6/30/2021. (SRD) [Transferred from alnd on 8/11/2021.]
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| Filing 19 Minute Entry for proceedings held before Judge Corey L. Maze: Telephone Conference held on 6/30/2021. (SRD) [Transferred from alnd on 8/11/2021.] |
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Filing 18
ORDER The court hereby SETS a telephone status conference to discuss the pending motion to dismiss (doc. #5) on Wednesday, June 30, 2021 at 10:00am CT. Signed by Judge Corey L. Maze on 6/16/2021. (SRD) [Transferred from alnd on 8/11/2021.]
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| Filing 17 REPLY to Response to Motion re #13 MOTION for Summary Judgment filed by Westgate Vacation Villas and Town Center Resort. (Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
| Filing 16 CERTIFICATE OF SERVICE by Westgate Vacation Villas and Town Center Resort re #15 Report of Rule 26(f) Planning Meeting (Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
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Filing 14
ORDER The court DENIES without prejudice Plaintiff's motion for summary judgment as premature. Doc. #13. Plaintiff may refile a motion for summary judgment if the court denies Defendant's motion to dismiss. Doc. #5. Signed by Judge Corey L. Maze on 5/18/2021. (SRD) [Transferred from alnd on 8/11/2021.]
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| Filing 13 RESPONSE to Defendant's MOTION to Dismiss and MOTION for Summary Judgment by Benjamin W Payne. (MRR, ) [Transferred from alnd on 8/11/2021.] |
| Filing 12 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Corey L Maze. Please use case number 4:21-cv-428-CLM on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. (MRR, ) [Transferred from alnd on 8/11/2021.] |
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Filing 11
ORDER- During the May 11, 2021 status conference, the plaintiff revoked his previously given consent to receive electronic notifications regarding this case. The Clerk is DIRECTED to provide the plaintiff with copies of Docs 5,7, and 8. The plaintiff's oral motion seeking additional time to respond to the defendant's motion to dismiss is GRANTED. Plaintiff shall have until Monday, May 17, 2021, to file his response. Signed by Magistrate Judge Staci G Cornelius on 5/14/21. (MRR, ) [Transferred from alnd on 8/11/2021.]
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| Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 5/11/2021; plaintiff present as well as defendant's counsel; dft no longer wishes to receive documents by email; Clerk to mail and e-mail docs 5,7 & 8 to the plaintiff; pla will have until Monday 5/17/21 to respond to motion to dismiss. Documents e-mailed & mailed-bst. (BST, ) [Transferred from alnd on 8/11/2021.] |
| Filing 10 NOTICE to remind parties of consent telephone conference scheduled for 10:00 AM on Tuesday, 5/11/2021; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, 24 hours in advance, the conference will be cancelled. (BST) [Transferred from alnd on 8/11/2021.] |
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Filing 9
ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 5/27/2021; Signed by Magistrate Judge Staci G Cornelius on 4/22/2021. (BST, ) [Transferred from alnd on 8/11/2021.]
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Filing 8
ORDER- The plaintiff is DIRECTED to file a response to the motion to dismiss (Doc #5) within fourteen (14) calendar days. The defendant SHALL file any reply within seven (7) calendar days from the date on which the plaintiffs response is due. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, ) [Transferred from alnd on 8/11/2021.]
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Filing 7
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than June 4, 2021. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after June 4, 2021. A telephone status conference is hereby SET for 10:00 a.m. on May 11, 2021. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, ) [Transferred from alnd on 8/11/2021.]
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Filing 6
TEXT ORDER: The motion seeking admission pro hac vice of B. Eliot New on behalf of the defendant in this action (Doc. #4) is GRANTED. Signed by Magistrate Judge Staci G Cornelius on 4/20/21. (MRR, ) [Transferred from alnd on 8/11/2021.]
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| Filing 5 MOTION to Dismiss by Westgate Vacation Villas and Town Center Resort. (Attachments: #1 Exhibit A - Declaration of John Willman)(Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
| Filing 4 MOTION to Appoint Counsel B. Eliot New Pro Hac Vice by Westgate Vacation Villas and Town Center Resort. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Murray, Christopher) [Transferred from alnd on 8/11/2021.] |
| PHV Fee paid: $ 75, receipt number 1126-3822591 (B4601112792). (New, Benjamin) Modified on 4/21/2021 (MRR, ). [Transferred from alnd on 8/11/2021.] |
| Filing 3 Summons Issued as to Westgate Vacation Villas and Town Center Resort, returned to plaintiff for service (MRR, ) [Transferred from alnd on 8/11/2021.] |
| Filing 2 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) [Transferred from alnd on 8/11/2021.] |
| Filing 1 COMPLAINT against Westgate Vacation Villas and Town Center Resort, filed by Benjamin W Payne. (MEB2) [Transferred from alnd on 8/11/2021.] |
| Filing fee: $ 402.00, receipt number B4601112180 (MEB2) [Transferred from alnd on 8/11/2021.] |
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| Plaintiff: Benjamin W Payne | |
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| Defendant: Westgate Vacation Villas and Town Center Resort | |
| Represented By: | Benjamin Eliot New |
| Represented By: | Christopher Howell Murray |
| Represented By: | Monifa Hall |
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