Tolman et al v. Universal City Development Partners, Ltd.
Plaintiff: Danielle Tolman and John Cestaro
Defendant: Universal City Development Partners, Ltd.
Case Number: 6:2022cv02148
Filed: November 17, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Daniel C Irick
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2023 Filing 23 CASE REFERRED to Mediation. Mediator: TBD (KNC)
January 4, 2023 Filing 22 NOTICE of Lead Counsel Designation by Robby Thomas Cook on behalf of John Cestaro, Danielle Tolman. Lead Counsel: Rob T. Cook. (Cook, Robby)
January 3, 2023 Opinion or Order Filing 21 ORDER: the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before January 17, 2023. Signed by Judge Wendy W. Berger on 1/3/2023. (RMF)
January 3, 2023 Opinion or Order Filing 20 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/17/2023 Joinder of Parties due by 3/17/2023 Discovery due by 7/5/2024 Dispositive motions due by 8/6/2024 Pretrial statement due by 12/9/2024 All other motions due by 11/6/2024 Plaintiff disclosure of expert report due by 8/21/2023 Defendant disclosure of expert report due by 9/25/2023 Trial Status Conference set for 12/10/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the January 2025 trial term commencing on 1/6/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/19/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 1/3/2023. (RMF)
January 3, 2023 Filing 19 NOTICE to Plaintiffs' Counsel 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). (KNC)
January 3, 2023 Filing 18 NOTICE of Appearance by Thomas E. Woods on behalf of Danielle Tolman (Woods, Thomas)
January 3, 2023 Filing 17 RESPONSE to Motion re #16 MOTION to Strike #15 Amended Complaint and MOTION to Dismiss Plaintiffs' Amended Complaint filed by John Cestaro, Danielle Tolman. (Cook, Robby)
December 14, 2022 Filing 16 MOTION to Strike #15 Amended Complaint and, MOTION to Dismiss Plaintiffs' Amended Complaint by Universal City Development Partners, Ltd. (Greco, James) Modified on 12/14/2022 to edit docket text (KNC).
December 13, 2022 Filing 15 AMENDED COMPLAINT against Universal City Development Partners, Ltd. with Jury Demand. filed by John Cestaro, Danielle Tolman.(Cook, Robby)
December 13, 2022 Filing 14 MEMORANDUM in opposition re #6 Motion to Strike, Motion to Dismiss for Failure to State a Claim filed by John Cestaro, Danielle Tolman. (Cook, Robby)
December 7, 2022 Filing 13 MEMORANDUM in opposition re #11 Motion to Remand to State Court filed by Universal City Development Partners, Ltd. (Attachments: #1 Exhibit A)(Greco, James) Modified on 12/8/2022 to edit docket text (KNC).
December 7, 2022 Filing 12 CASE MANAGEMENT REPORT. (Cook, Robby)
December 1, 2022 Filing 11 MOTION to Remand to State Court by All Plaintiffs. (Cook, Robby)
November 30, 2022 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Universal City Development Partners, Ltd. Related case(s): Yes (Greco, James) Modified on 12/1/2022 to edit docket text (KNC).
November 30, 2022 Filing 9 CERTIFICATE of Interested Persons and Corporate Disclosure Statement by Universal City Development Partners, Ltd. (Greco, James) Modified on 12/1/2022 to edit docket text (KNC).
November 30, 2022 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by John Cestaro, Danielle Tolman. (Cook, Robby)
November 29, 2022 Opinion or Order Filing 7 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
November 23, 2022 Filing 6 MOTION to Strike and Dismiss for Failure to State a Claim by Universal City Development Partners, Ltd. (Greco, James) Modified on 11/28/2022 to edit docket text (KNC).
November 21, 2022 Filing 5 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)
November 21, 2022 Opinion or Order Filing 4 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 11/21/2022. (RMF)
November 18, 2022 Filing 3 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:22-cv-02148-WWB-DCI. (APV)
November 18, 2022 Filing 2 NOTICE of Appearance by Nicholas D. Freeman on behalf of Universal City Development Partners, Ltd. (Freeman, Nicholas)
November 17, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Ninth Judicial Circuit, case number 2022-CA-007020-O filed in State Court on 08/01/2022. Filing fee $402, receipt number AFLMDC-20215229 filed by Universal City Development Partners, Ltd.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit "A" to Notice of Removal, #6 Exhibit "B" to Notice of Removal)(Greco, James) Modified on 11/18/2022 to edit docket text (KNC).

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Plaintiff: Danielle Tolman
Represented By: Robby Thomas Cook
Represented By: Thomas E. Woods
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Plaintiff: John Cestaro
Represented By: Thomas E. Woods
Represented By: Robby Thomas Cook
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Defendant: Universal City Development Partners, Ltd.
Represented By: James Peter Greco
Represented By: Nicholas D. Freeman
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