Short v. Sierra Nevada Corporation et al
| Audra Short |
| EMBRAER AIRCRAFT CUSTOMER SERVICES, LLC, EMBRAER AIRCRAFT HOLDING, INC., SIERRA NEVADA CORPORATION, EMBRAER S.A. and EMBRAER DEFENSE & SECURITY, INC. |
| 0:2020cv61473 |
| July 21, 2020 |
| U.S. District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Lurana S Snow |
| Airplane Product Liability |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 Clerks Notice to Filer re #27 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (jas) |
| Filing 28 MOTION to Amend #1 Notice of Removal, (Responses due by 9/28/2020), MOTION to Supplement re #1 Notice of Removal, by Sierra Nevada Corporation.(See DE#27 for image. (jas) |
| Filing 27 RESPONSE in Opposition re #19 MOTION to Remand And, In The Alternative, In Support of Motion to Amend or Supplement Notice of Removal filed by Sierra Nevada Corporation. Replies due by 9/21/2020. (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 Declaration of Timothy Woods, #10 Exhibit A to Woods Decl., #11 Exhibit B to Woods Decl., #12 Exhibit C to Woods Decl., #13 Exhibit D to Woods Decl., #14 Certification of Diane Westwood Wilson, #15 Exhibit 1 to Wilson Cert.)(Rubin, Amy) |
Filing 26
ORDER REFERRING CASE. In accordance with 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, any discovery-related motions are REFERRED to United States Magistrate Judge Lurana S. Snow for appropriate disposition. Signed by Judge William P. Dimitrouleas on 8/28/2020. See attached document for full details. (ebz) Modified title text on 8/31/2020 (asl).
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Filing 25
ORDER ON MOTIONS FOR ENLARGEMENT OF TIME. Plaintiffs Motion for Enlargement of Time DE#21 is hereby GRANTED in part. The deadline to conduct such jurisdictional discovery is October 27, 2020. Plaintiff shall respond to the Motion to Dismiss DE#20 on or before November 10, 2020. Defendants Motion for Extension of Time [DE 23] is GRANTED. SNC shall have until and including September 14, 2020, in which to respond to Plaintiffs Motion toRemand DE#21 . Responses due by 11/10/2020 Responses/Replies due by 9/14/2020. Discovery due by 10/27/2020. Signed by Judge William P. Dimitrouleas on 8/28/2020. See attached document for full details. (ebz)
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| Filing 24 RESPONSE to Motion re #23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION to Remand; re 22 Order filed by Audra Short. Replies due by 9/4/2020. (Maynard, Keith) Modified text on 8/31/2020 (kpe). |
| Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION to Remand by Sierra Nevada Corporation. (Attachments: #1 Text of Proposed Order)(Rubin, Amy) |
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Filing 22
PAPERLESS ORDER THIS CAUSE is before the Court on Plaintiff Audra Short's Motion for Extension of Time to Respond to Defendant Sierra Nevada Corporation's Motion to Dismiss [DE 21] (the "Motion"). The Court has considered the Motion, notes Plaintiff was not able to confer successfully with Defendant Sierra Nevada Corporation, and is otherwise fully advised in the premises. The Motion seeks a 90-day extension of time after the court enters an order on Plaintiffs Motion to Remand to respond to the Motion to Dismiss and notes that Defendant's counsel did not provide a response to counsel's attempt to confer regarding the relief requested. It is hereby ORDERED and ADJUDGED that Defendant Sierra Nevada Corporation shall file any Response to the Motion [DE 21] on or before Friday, August 28, 2020. Signed by Judge William P. Dimitrouleas on 8/27/2020. (mp00)
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| Filing 21 MOTION for Extension of Time to File Response/Reply/Answer by Audra Short. (Maynard, Keith) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), / Defendant Sierra Nevada Corporation's Motion and Supporting Memorandum of Law to Dismiss Plaintiff's Complaint by Sierra Nevada Corporation. Responses due by 8/31/2020 (Attachments: #1 Declaration of Erica Hall, #2 Declaration of Timothy Woods, #3 Exhibit A to Woods Declaration - AIB Report, #4 Exhibit B to Woods Declaration - Cooperation Agreement)(Rubin, Amy) |
| Filing 19 MOTION to Remand by Audra Short. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Maynard, Keith) |
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Filing 18
PAPERLESS ORDER denying #17 Motion to Remand. Plaintiff's Motion to Remand is hereby DENIED WITHOUT PREJUDICE to file a motion that complies with the requirements of S.D. Fla. L.R. 7.1.A.3., which requires the moving party to certify that it has conferred, or describes a reasonable effort to confer, with the parties affected in a good faith effort to resolve the dispute. Signed by Judge William P. Dimitrouleas on 8/17/2020. (mp00)
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| Filing 17 MOTION to Remand by Audra Short. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Maynard, Keith) |
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Filing 16
ORDER ON MOTION FOR ENLARGEMENT OF TIME re #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), filed by Sierra Nevada Corporation, Set/Reset Deadlines/Hearings as to #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), is hereby GRANTED in part. SNC shall have until and including August 17, 2020, in which to respond to Plaintiffs Complaint. (Responses due by 8/17/2020) Signed by Judge William P. Dimitrouleas on 8/3/2020. See attached document for full details. (ebz)
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| Filing 15 Partial RESPONSE in Opposition re #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), filed by Audra Short. Replies due by 8/7/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maynard, Keith) Modified Text on 8/3/2020 (ls). |
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Filing 14
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jane M. Sigda. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 7/31/2020. (mp00)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jane M. Sigda. Filing Fee $ 200.00 Receipt # AFLSDC-13276110 by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc.. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order Granting JMS Pro Hac Vice)(Maggio, John) |
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Filing 12
ORDER REQUIRING EXPEDITED RESPONSE re #10 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Audra Short. ORDERED and ADJUDGED that Plaintiff shall file any Response to the Motion on or before Monday, August 3, 2020 at 12:00pm. Answer due 8/3/2020. Re: #1 Notice of Removal (State Court Complaint), filed by Sierra Nevada Corporation. Signed by Judge William P. Dimitrouleas on 7/30/2020. See attached document for full details. (ebz)
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Filing 11
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Tingey ; granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Diane Westwood Wilson. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels' pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 7/29/2020. (mp00)
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| Filing 10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Sierra Nevada Corporation. (Attachments: #1 Text of Proposed Order)(Rubin, Amy) |
| Filing 9 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Diane Westwood Wilson. Filing Fee $ 200.00 Receipt # AFLSDC-13252739 by Sierra Nevada Corporation. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) |
| Filing 8 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Tingey. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice, by Sierra Nevada Corporation. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) |
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Filing 7
ORDER DENYING MOTION WITHOUT PREJUDICE re #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Tingey. Refile in accordance with Local Rules and CM/ECF procedures. Signed by Judge William P. Dimitrouleas on 7/27/2020. See attached document for full details. (ebz)
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| Filing 6 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Tingey. Filing Fee $ 200.00 Receipt # AFLSDC-13232211 by Sierra Nevada Corporation. Responses due by 8/6/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) |
| Filing 5 NOTICE of Attorney Appearance by Amy S. Rubin on behalf of Sierra Nevada Corporation. Attorney Amy S. Rubin added to party Sierra Nevada Corporation(pty:dft). (Rubin, Amy) |
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Filing 4
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT Signed by Judge William P. Dimitrouleas on 7/23/2020. See attached document for full details. (ebz)
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| Filing 3 NOTICE of Consent to Removal by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc.. (Attachments: #1 Exhibit 1 - Affidavit) (Maggio, John) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT AND DEMAND FOR JURY TRIAL) Filing fee $ 400.00 receipt number AFLSDC-13217691, filed by SIERRA NEVADA CORPORATION. No Motion to Dismiss has been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Designation)(Braunstein, Alex) |
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