Nosworthy v. JetBlue Airways Corporation et al
| Yvonne Nosworthy |
| a Foreign Profit Corporation JETBLUE AIRWAYS CORPORATION, ABM Aviation, Inc. and JetBlue Airways Corporation |
| 0:2019cv63172 |
| December 30, 2019 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Patrick M Hunt |
| Donald M Middlebrooks |
| Alicia O Valle |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER Dismissing Case / Closing Case. (With Prejudice) Signed by Judge Donald M. Middlebrooks on 12/21/2022. See attached document for full details. (nan)
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| Filing 43 STIPULATION of Dismissal with Prejudice by ABM Aviation, Inc., JetBlue Airways Corporation (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Thornton, Clayton) |
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Filing 42
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. Defendant has filed a Notice of Settlement (DE #41 ) and the Court congratulates the Parties on their amicable resolution of this case. Closing documents shall be filed by December 22, 2022. Until closing documents are filed this case will remain on the court's trial calendar. Signed by Judge Donald M. Middlebrooks on 12/19/2022. (kal)
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| Filing 41 NOTICE by ABM Aviation, Inc., JetBlue Airways Corporation re 40 Order,,, Set/Reset Deadlines,, of Filing (Attachments: #1 Exhibit Notice of Settlement) (Thornton, Clayton) |
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Filing 40
PAPERLESS ORDER REQUIRING FILING OF JOINT STATUS REPORT. The record reflects that there has been no docket activity by the Parties in this case since the Final Mediation Report was filed on June 9, 2022. (DE #36 ). Moreover, the Dispositive Motions and the Joint Pretrial Stipulation deadlines have since passed. Given this posture, on or before December 7, 2022, the Parties SHALL FILE a joint status report, advising the court what recent progress has been made in the litigation of this matter. Failure to timely respond to this order may result in dismissal. Signed by Judge Donald M. Middlebrooks on 12/1/2022. (kal)
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Filing 39
ORDER REGARDING TRIAL LOCATION AND REINSTATEMENT OF LITIGATION DEADLINES: Jury Trial set for 1/3/2023 09:00 AM before Judge Donald M. Middlebrooks. Calendar Call set for 12/28/2022 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/30/2022. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 38
PAPERLESS ORDER ADOPTING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. (DE #31 ). This case was recently reassigned to me from Judge Cooke. (DE 37 ). I have reviewed the record and the docket and find that it is appropriate to adopt Judge Cooke's Order Setting Civil Trial Date and Pretrial Deadlines in its entirety. (DE #31 ). Signed by Judge Donald M. Middlebrooks on 8/26/2022. (kal)
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| Filing 37 CLERK'S NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge Donald M. Middlebrooks for all further proceedings. Judge Marcia G. Cooke no longer assigned to case. (bms) |
| Calendar Call/Jury Trial Deadline(s)/Hearing(s) terminated. (bms) Modified text to reflect specific hearings terminated on 8/24/2022 (bms). |
| Filing 36 FINAL MEDIATION REPORT by Michael P. Essington. Disposition: Case did not settle.(Essington, Michael) |
| Filing 35 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Michael Patrick Essington and Michael Patrick Essington.. Attorney Michael Patrick Essington added to party Michael Patrick Essington(pty:med). (Essington, Michael) |
| Filing 34 Clerks Notice to Filer re #33 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 33 NOTICE of Mediation Hearing. Mediation Hearing set for 06/09/2022 at 9:00 a.m.. (Essington, Michael) |
| Filing 32 NOTICE of Attorney Appearance by David Alan Wagner on behalf of ABM Aviation, Inc., JetBlue Airways Corporation. Attorney David Alan Wagner added to party ABM Aviation, Inc.(pty:dft), Attorney David Alan Wagner added to party JetBlue Airways Corporation (pty:dft). (Wagner, David) |
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Filing 31
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Jury Trial set for 1/3/2023 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 12/28/2022 03:00 PM in Miami Division before Judge Marcia G. Cooke. Discovery due by 8/5/2022. Expert Discovery due by 8/5/2022. Fact Discovery due by 8/5/2022. Mediation Deadline 10/28/2022. In Limine Motions due by 11/4/2022. Dispositive Motions due by 8/19/2022. Motions due by 8/19/2022. Pretrial Stipulation due by 11/4/2022. Signed by Judge Marcia G. Cooke on 4/5/2022. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 30 Joint SCHEDULING REPORT - Rule 16.1 by Yvonne Nosworthy (Harridon-Lodge, Latoya) |
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Filing 29
ORDER denying #25 Motion for Reconsideration. The Parties are to file a Joint Scheduling Report by 4/5/2022. Signed by Judge Marcia G. Cooke on 3/29/2022. See attached document for full details. (vmz)
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| Filing 28 Notice of Ninety Days Expiring by ABM Aviation, Inc., JetBlue Airways Corporation re #25 MOTION for Reconsideration re #24 Order on Motion for Hearing, filed by JetBlue Airways Corporation, ABM Aviation, Inc. (Thornton, Clayton) |
| Filing 27 ANSWER and Affirmative Defenses to Complaint with Jury Demand by JetBlue Airways Corporation. (Thornton, Clayton) |
| Filing 26 ANSWER and Affirmative Defenses to Complaint with Jury Demand by ABM Aviation, Inc.. (Thornton, Clayton) |
| Filing 25 MOTION for Reconsideration re #24 Order on Motion for Hearing, by ABM Aviation, Inc., JetBlue Airways Corporation. (Attachments: #1 Exhibit A Order Granting Defendants' Motion to Dismiss)(Thornton, Clayton) |
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Filing 24
ORDER GRANTING MOTION FOR RECONSIDERATION re DE#19 Motion. The Order granting Defendants' Motion to Dismiss DE#18 is VACATED, and Defendants' Motion to Dismiss DE#10 is DENIED. Signed by Judge Marcia G. Cooke on 3/30/2021. See attached document for full details. (ebz)
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| Filing 23 Plaintiff's REPLY to #20 Response in Opposition to Motion, AND RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION TO DISMISS by Yvonne Nosworthy. (Harridon-Lodge, Latoya) |
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Filing 22
ENDORSED ORDER granting in part and denying in part #21 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff shall file a Reply to Defendant's Opposition on or before August 7, 2020. Signed by Judge Marcia G. Cooke on 7/29/2020. (bai)
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| Filing 21 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #19 Plaintiff's MOTION for Hearing AND RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION TO DISMISS, #20 Response in Opposition to Motion, AND RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION TO DISMISS by Yvonne Nosworthy. (Harridon-Lodge, Latoya) |
| Filing 20 RESPONSE in Opposition re #19 Plaintiff's MOTION for Hearing AND RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION TO DISMISS filed by ABM Aviation, Inc., JetBlue Airways Corporation. Replies due by 7/29/2020. (Thornton, Clayton) |
| Filing 19 Plaintiff's MOTION for Hearing AND RECONSIDERATION OF ORDER GRANTING DEFENDANTS MOTION TO DISMISS by Yvonne Nosworthy. (Harridon-Lodge, Latoya) |
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Filing 18
VACATED per DE#24 ORDER. ORDER granting Defendants' #10 Motion to Dismiss. The Plaintiff's Complaint is DISMISSED with prejudice. Signed by Judge Marcia G. Cooke on 6/30/2020. See attached document for full details. (kpe) Modified text on 3/31/2021 (ebz).
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| Jury Trial and Calendar Call Hearings set before prior presiding judge (Bloom) terminated. (wc) |
| Filing 17 NOTICE of Mediator Selection and Hearing. Selected/Added Arthur Garcia, Jr as Mediator. Mediation Hearing set for 10/05/2020 at 10:00 a.m.. (Garcia, Arthur) |
| Filing 16 NOTICE by Yvonne Nosworthy NOTICE OF SCHEDULING MEDIATION (Harridon-Lodge, Latoya) |
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Filing 15
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Patrick M. Hunt added. Magistrate Judge Alicia O. Valle no longer assigned to case. Signed by Magistrate Judge Alicia O. Valle on 3/5/2020. See attached document for full details. (bms)
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Filing 14
ORDER TRANSFERRING CASE to Judge Marcia G. Cooke for all further proceedings, accepted and signed on 2/27/2020. Judge Beth Bloom no longer assigned to case. Signed by Judge Beth Bloom on 2/27/2020. See attached document for full details. (wc)
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| Filing 13 REPLY to Response to Motion re #10 MOTION to Dismiss with Prejudice #1 Complaint filed by ABM Aviation, Inc., JetBlue Airways Corporation. (Thornton, Clayton) |
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Filing 12
SCHEDULING ORDER: ( Amended Pleadings due by 4/13/2020., Discovery due by 10/6/2020., Expert Discovery due by 10/6/2020., Joinder of Parties due by 4/13/2020., Mediation Deadline 10/20/2020., In Limine Motions due by 10/28/2020., Dispositive Motions due by 10/28/2020., Motions due by 10/28/2020., Pretrial Stipulation due by 1/19/2021., Jury Trial set for 2/1/2021 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 1/26/2021 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Beth Bloom on 2/12/2020. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss with Prejudice #1 Complaint filed by Yvonne Nosworthy. Replies due by 2/18/2020. (Attachments: #1 Exhibit state court complaint, #2 Exhibit ABM Answer, #3 Exhibit Notice of removal, #4 Exhibit correpondence, #5 Exhibit prior order)(Harridon-Lodge, Latoya) |
| Filing 10 MOTION to Dismiss with Prejudice #1 Complaint by ABM Aviation, Inc., JetBlue Airways Corporation. Responses due by 2/10/2020 (Attachments: #1 Exhibit A - Notice of Removal, #2 Exhibit B - Clerk's Notice of Judge Assignment, #3 Exhibit C - Motion to Dismiss, #4 Exhibit D - Order Granting Motion to Dismiss, #5 Exhibit E - Complaint for Damages Pursuant to Montreal Convention)(Thornton, Clayton) |
| Filing 9 Corporate Disclosure Statement by ABM Aviation, Inc. identifying Corporate Parent ABM Industries Incorporated, Corporate Parent State Street Corporation, Corporate Parent BlackRock, Inc., Corporate Parent The Vanguard Group, Inc. for ABM Aviation, Inc. (Thornton, Clayton) |
| Filing 8 Corporate Disclosure Statement by JetBlue Airways Corporation (Thornton, Clayton) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by ABM Aviation, Inc., JetBlue Airways Corporation. Attorney Clayton Wickliffe Thornton added to party ABM Aviation, Inc.(pty:dft), Attorney Clayton Wickliffe Thornton added to party JetBlue Airways Corporation (pty:dft). (Thornton, Clayton) |
| Filing 6 Clerks Notice of Docket Correction re 5 Order Requiring Joint Scheduling Report. Correction Duplicate order entered. Document 5 restricted and modified. (kpe) |
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 12/31/2019. See attached document for full details. (kpe)
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| Filing 3 Summons Issued as to ABM Aviation, Inc., JetBlue Airways Corporation. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 COMPLAINT FOR DAMAGES against All Defendants. Filing fees $ 400.00 receipt number 113C-12264665, filed by Yvonne Nosworthy. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Harridon-Lodge, Latoya) |
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