Kelly et al v. Walt Disney Parks And Resorts U.S., Inc.
| EK, MP, E.K, M.P., Erica Kelly and Marilyn Paone |
| WALT DISNEY PARKS AND RESORTS, U.S., INC. and Walt Disney Parks and Resorts U.S., Inc. |
| 6:2022cv01919 |
| October 18, 2022 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Daniel C Irick |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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Filing 62
ANSWER and affirmative defenses to #50 Third Amended Complaint by Walt Disney Parks and Resorts U.S., Inc.(Waggoner, Dennis) Modified on 9/21/2023 (SPM).
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Filing 61
ENDORSED ORDER granting #60 Unopposed Motion for Extension of Time. Defendant must respond to the Third Amended Complaint by 9/20/2023. No further extension of this deadline should be sought absent extraordinary good cause. Signed by Magistrate Judge Daniel C. Irick on 9/5/2023. (Irick, Daniel)
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Filing 60
Unopposed MOTION for Extension of Time to File Response/Reply as to #50 Amended Complaint by Walt Disney Parks and Resorts U.S., Inc.. (Webb, Joshua) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 59
ORDER denying #55 Motion to Dismiss. Signed by Judge Roy B. Dalton, Jr. on 8/23/2023. (ALL)
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Filing 58
RESPONSE in Opposition re #55 MOTION to Dismiss Third Amended Complaint With Prejudice and Accompanying Memorandum of Law filed by Erica Kelly, Marilyn Paone. (Federman, William)
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Filing 57
ENDORSED ORDER granting #56 Unopposed Motion for Extension of Time. Plaintiffs' response to the Motion to Dismiss is due on 3/22/2023. Signed by Magistrate Judge Daniel C. Irick on 3/2/2023. (Irick, Daniel)
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Filing 56
Unopposed MOTION for Extension of Time until 3/22/23 to File Response/Reply as to #55 MOTION to Dismiss Third Amended Complaint With Prejudice and Accompanying Memorandum of Law by Erica Kelly, Marilyn Paone. (Federman, William) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 3/2/2023 (LDJ).
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Filing 55
MOTION to Dismiss Third Amended Complaint With Prejudice and Accompanying Memorandum of Law by Walt Disney Parks and Resorts U.S., Inc.. (Waggoner, Dennis)
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Filing 54
NOTICE of a related action per Local Rule 1.07(c) by Walt Disney Parks and Resorts U.S., Inc.. Related case(s): Yes (Webb, Joshua)
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Filing 53
NOTICE of a related action per Local Rule 1.07(c) by Erica Kelly, Marilyn Paone Related case(s): Yes (Federman, William) Modified text on 2/9/2023 (LDJ).
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Filing 52
It is hereby ORDERED AND ADJUDGED that on or before February 16, 2023, the Plaintiff is DIRECTED to file a Notice of Pendency of Other Actions to comply with the Court's Order (Doc. #8). Signed by Judge Roy B. Dalton, Jr. on 2/2/2023. (ALL)
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Filing 51
ENDORSED ORDER denying as moot #49 Motion to Dismiss for Failure to State a Claim in light of Plaintiffs' Third Amended Complaint (Doc. #50). Signed by Judge Roy B. Dalton, Jr. on 2/2/2023. (JLR)
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Filing 50
THIRD AMENDED COMPLAINT against Walt Disney Parks and Resorts U.S., Inc. with Jury Demand. filed by Marilyn Paone, Erica Kelly. (Attachments: #1 Exhibit 1 - Marilyn's Emails, #2 Exhibit 2 - Nov. 3, 2022 Availability, #3 Exhibit 3 - April 2021 Annual Passes Calendar & Select Resort Hotels Available, #4 Exhibit 4 - TonyPostApril1_Redacted, #5 Exhibit 5 - Social Media Comment - Park Pass Reservation_Redacted, #6 Exhibit 6 - Park Reservation Protest 2022-10-22 - Disney Guests Protest Park Pass Available, #7 Exhibit 7 - Annual Pass Options _ Walt Disney World Resort, #8 Exhibit 8 - 2023 April Day Tickets Available & 2023 Incredi Pass Calendar, #9 Exhibit 9 - Defendant Supplied TOS, #10 Exhibit 10 - 2020 Annual Pass Options _ Walt Disney World Resort & Purchase Annual Passes)(Federman, William) Modified text on 2/2/2023 (LDJ).
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Filing 49
MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit Declaration of Sarah Sinoff and Exhibit)(Waggoner, Dennis)
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Filing 48
AMENDED COMPLAINT Second against Walt Disney Parks and Resorts U.S., Inc. with Jury Demand. filed by M.P., E.K.(Federman, William)
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Filing 47
NOTICE OF SELECTION of Robert A. Meyer as mediator by E.K, M.P.. (Federman, William)
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Set/reset deadlines/hearings: Second Amended Complaint due by 1/3/2023 (SRD)
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Filing 46
It is hereby ORDERED AND ADJUDGED that Plaintiffs' Amended Complaint (Doc. #45) is DISMISSED WITHOUT PREJUDICE. By Tuesday, January 3, 2023, Plaintiffs may file a second amended complaint correcting the deficiencies identified in this Order. Failure to timely file will result in this action being closed without further notice. Signed by Judge Roy B. Dalton, Jr. on 12/21/2022. (ALL)
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Filing 45
First AMENDED COMPLAINT against Walt Disney Parks and Resorts U.S., Inc. with Jury Demand. filed by M.P., E.K. Related document: #1 Complaint, filed by E.K, M.P..(Federman, William) Modified on 12/20/2022 to edit docket text (SRD).
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Filing 44
ENDORSED ORDER denying without prejudice #40 Motion to Amend. Plaintiffs were ordered to submit an Amended Complaint by Order of the Court dated November 3, 2022. (Doc. 19). No leave is required for their belated compliance. Plaintiff is directed to file the Amended Complaint as a separate docket entry by 5:00 p.m. EST, December 20, 2022 or this case will be dismissed without prejudice for failure to prosecute and comply with Court Orders. Signed by Judge Roy B. Dalton, Jr. on 12/19/2022. (Dalton, Jr., Roy)
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Filing 43
CASE REFERRED to Mediation. (SRD)
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Filing 42
Order DIRECTING the parties to confer, and then advise the Court, on the selection of a mediator no later than December 30, 2022. Signed by Judge Roy B. Dalton, Jr. on 12/16/2022. (ALL)
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Filing 41
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/24/2023, Joinder of Parties due by 2/24/2023, Discovery due by 2/2/2024, Dispositive motions due by 3/5/2024, Pretrial statement due by 7/11/2024, All other motions due by 6/27/2024, Plaintiff disclosure of expert report due by 12/5/2023, Defendant disclosure of expert report due by 1/4/2024, Final Pretrial Conference set for 7/18/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for term commencing 8/5/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 2/16/2024. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 12/16/2022. (ALL)
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Filing 40
MOTION to Amend Class Action Complaint by E.K, M.P. (Attachments: #1 Exhibit A - First Amended Class Action Complaint)(Federman, William) Modified on 12/19/2022 to edit docket text (SRD).
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Filing 39
NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 12/14/2022 in light of #38 Amended Case Management Report. (ALL)
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Filing 38
Amended CASE MANAGEMENT REPORT. (Federman, William) Modified text on 12/12/2022 (ALL).
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Filing 37
ORDER denying #23 Motion for Reconsideration. Signed by Magistrate Judge Daniel C. Irick on 12/12/2022. (TNP)
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Filing 36
ENDORSED ORDER granting #31 Motion to Appear Pro Hac Vice; granting #32 Motion to Appear Pro Hac Vice; granting #29 Motion to Appear Pro Hac Vice. Kennedy M. Brian, Alan Schoenfeld, and Ryan M. Chabot are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 12/11/2022. (Irick, Daniel)
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Filing 35
NOTICE of Lead Counsel Designation by William B. Federman on behalf of E.K, M.P.. Lead Counsel: William B. Federman. (Federman, William)
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Filing 34
NOTICE of hearing: re: #30 Case Management Report. Preliminary Pretrial Conference set for 12/14/2022 at 10:30 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (ALL)
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Filing 33
NOTICE to counsel Michael Scott Hill, William B. Federman, Gary Steven Menzer, and Kennedy M. Brian of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LDJ)
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Filing 32
Unopposed MOTION for Ryan M. Chabot to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20269266 for $150 by Walt Disney Parks and Resorts U.S., Inc.. (Webb, Joshua) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 31
Unopposed MOTION for Alan Schoenfeld to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20269265 for $150 by Walt Disney Parks and Resorts U.S., Inc.. (Webb, Joshua) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 30
CASE MANAGEMENT REPORT. (Federman, William)
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Filing 29
MOTION for Kennedy M. Brian to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20268498 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certification, #2 Text of Proposed Order)(Hill, Michael) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 28
RESPONSE in Opposition re #23 MOTION for Reconsideration re #19 Order on Motion to Seal Case filed by Walt Disney Parks and Resorts U.S., Inc.. (Webb, Joshua)
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Filing 27
NOTICE to counsel Alan Schoenfeld and Ryan M. Chabot 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). (LDJ)
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Filing 26
ENDORSED ORDER granting #25 Unopposed Motion for Extension of Time. Defendant's obligation to respond to the pleading in this case is extended to ten days after either (1) Plaintiffs file an amended complaint or (2) the Court relieves Plaintiffs of their obligation to file an amended complaint. Signed by Magistrate Judge Daniel C. Irick on 12/2/2022. (Irick, Daniel)
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Filing 25
Unopposed MOTION for Extension of Time to File Response to Complaint by Walt Disney Parks and Resorts U.S., Inc.. (Webb, Joshua) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 24
Remark: Doc. #22 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/28/2022. (JLR)
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Filing 23
MOTION for Reconsideration re #19 Order on Motion to Seal Case by E.K, M.P.. (Attachments: #1 Exhibit A - FB Posts, #2 Exhibit B - News Articles, #3 Exhibit C - Declaration of M.P., #4 Exhibit D - Declaration of E.K.)(Federman, William)
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Filing 22
CERTIFICATE of interested persons and corporate disclosure statement re #8 Order pdf by E.K, M.P.. (Federman, William)
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Filing 21
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #20 Motion for Reconsideration re #19 Order on Motion to Seal Case. Further, the time to comply with the Court's prior Order is not tolled by the filing of a motion for reconsideration, and the time to object to the Order pursuant to Fed.R.Civ.P. 72(a) has expired. Signed by Magistrate Judge Daniel C. Irick on 11/18/2022. (Irick, Daniel)
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Filing 20
MOTION for Reconsideration re #19 Order on Motion to Seal Case by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hill, Michael)
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Set deadline: Amended Complaint due by 11/17/2022 (LDJ)
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Filing 19
ORDER denying #3 Motion for Leave to File Under Seal. On or before November 17, 2022, Plaintiff shall file an amended complaint in accordance with this Order. Signed by Magistrate Judge Daniel C. Irick on 11/3/2022. (TNP)
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Filing 18
ENDORSED ORDER granting #17 Motion to Appear Pro Hac Vice. William B. Federman is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 11/3/2022. (Irick, Daniel)
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Filing 17
Amended MOTION for William B. Federman to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Certification, #2 Exhibit , #3 Text of Proposed Order)(Hill, Michael) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 11/3/2022 (LDJ).
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Filing 16
PROOF of service by E.K, M.P. (Hill, Michael)
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Filing 15
ENDORSED ORDER denying without prejudice #9 Motion to Appear Pro Hac Vice. The requirements for special admission are stated in Local Rule 2.01(c) (revised February 1, 2021). Further, counsel is cautioned that filings that fail to comply with Local Rule 1.08 may be stricken without further notice. Signed by Magistrate Judge Daniel C. Irick on 10/26/2022. (Irick, Daniel)
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Filing 14
Remark: Doc. #10 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/25/2022. (Rex, Jennifer)
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Filing 13
ENDORSED ORDER granting #11 Unopposed Motion for Extension of Time. Defendant must respond to the Complaint by 12/12/2022. Signed by Magistrate Judge Daniel C. Irick on 10/25/2022. (Irick, Daniel)
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Filing 12
NOTICE of Appearance by Joshua C. Webb on behalf of Walt Disney Parks and Resorts U.S., Inc. (Webb, Joshua)
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Filing 11
Unopposed MOTION for Extension of Time until 12/12/22 to File Response/Reply as to #1 Complaint, by Walt Disney Parks and Resorts U.S., Inc. (Waggoner, Dennis) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 10/25/2022 (LDJ).
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Filing 10
CERTIFICATE of interested persons and corporate disclosure statement re #8 Order pdf by Walt Disney Parks and Resorts U.S., Inc. identifying Other Affiliate Walt Disney Company for Walt Disney Parks and Resorts U.S., Inc.. (Waggoner, Dennis)
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Filing 9
MOTION for William B. Federman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20119984 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certification, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order)(Hill, Michael) Motions referred to Magistrate Judge Daniel C. Irick.
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Filing 8
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 10/20/2022. (ALL)
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Filing 7
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 6
SUMMONS issued as to Walt Disney Parks and Resorts U.S., Inc. (SRD)
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Filing 5
NOTICE to counsel William B. Federman 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). (SRD)
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Filing 4
NOTICE to counsel Gary S. Menzer of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (SRD)
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Filing 3
MOTION to Seal Case by All Plaintiffs. (Attachments: #1 Exhibit Memo of Law, #2 Text of Proposed Order)(Menzer, Gary) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 10/19/2022 to edit docket text (SRD).
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Filing 2
NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Daniel C. Irick. New case number: 6:22-cv-1919-RBD-DCI. (SJB)
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Filing 1
COMPLAINT Class Action against Walt Disney Parks And Resorts U.S., Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20102960) filed by M.P., E.K. (Attachments: #1 Civil Cover Sheet , #2 Proposed Summons )(Menzer, Gary) Modified on 10/19/2022 to edit docket text (SRD).
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