McManus v. Amerijet International, Inc.
| Marcia McManus |
| Amerijet International, Inc. |
| 0:2021cv61617 |
| August 5, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Jared M Strauss |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 64
PAPERLESS ORDER REFERRING #63 Defendant's Motion to Strike Plaintiff's Expert Rebuttal Report to Magistrate Judge Jared M. Strauss for a ruling. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 63 Defendant's MOTION to Strike Plaintiff's Expert Rebuttal Report of Joyce Eastridge by Amerijet International, Inc.. Responses due by 11/23/2022 (Attachments: #1 Exhibit Plaintiff's Amended Answers to Interrogatories 4,9, & 17, #2 Exhibit Jerrold Glass Expert Report, #3 Exhibit Joyce Eastridge Rebuttal Report)(Crucet, Pablo) |
| Filing 62 Plaintiff's REPLY to Response to Motion re #60 Plaintiff's MOTION to Stay re #49 Scheduling Order,,,, Order Referring Case to Mediation,,, or to Extend the Deadlines filed by Marcia McManus. (Streit, Robert) |
| Filing 61 RESPONSE in Opposition re #60 Plaintiff's MOTION to Stay re #49 Scheduling Order,,,, Order Referring Case to Mediation,,, or to Extend the Deadlines Response in Opposition to Plaintiff's Motion to Stay or Extend the Amended Scheduling Order Setting Civil Trial Date and Pretrial Schedule filed by Amerijet International, Inc.. Replies due by 10/27/2022. (Crucet, Pablo) |
| Filing 60 Plaintiff's MOTION to Stay re #49 Scheduling Order,,,, Order Referring Case to Mediation,,, or to Extend the Deadlines by Marcia McManus. Responses due by 10/26/2022 (Streit, Robert) |
|
Filing 59
PAPERLESS ORDER granting #58 Plaintiff's Revised and Unopposed Motion for Extension of Time. Plaintiff shall exchange rebuttal expert witness reports as required by Fed. R. Civ. P. 26(a)(2) on or before October 14, 2022. Defendant shall have until December 14, 2022, to conduct discovery of Plaintiff's expert Joyce Eastridge, including Ms. Eastridge's deposition. Accordingly, #56 Plaintiff's Motion for Extension of Time is denied as moot. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 58 Unopposed MOTION for Extension of Time to Exchange Rebuttal Expert Witness Summaries and Reports and to Conduct Expert Discovery of Plaintiff's Expert re #49 Scheduling Order,,,, Order Referring Case to Mediation,,, by Marcia McManus. Responses due by 10/13/2022 (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
|
Filing 57
PAPERLESS ORDER. Defendant shall respond to #56 Plaintiff's Motion for Extension of Time within five (5) days of the date of this Order. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 56 Plaintiff's MOTION for Extension of Time to Exchange Rebuttal Expert Witness Summaries and Reports re #49 Scheduling Order,,,, Order Referring Case to Mediation,,, by Marcia McManus. Responses due by 10/11/2022 (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
| Filing 55 Defendant's REPLY to Response to Motion re #42 Defendant's MOTION to Dismiss with Prejudice #37 Amended Complaint/Amended Notice of Removal Defendant Amerijet International, Inc''s Motion to Dismiss Plaintiff's Amended Complaint Reply to Plaintiff's Response In Opposition to Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Supporting Memorandum of Law filed by Amerijet International, Inc.. (Crucet, Pablo) |
| Filing 54 RESPONSE in Opposition re #42 Defendant's MOTION to Dismiss with Prejudice #37 Amended Complaint/Amended Notice of Removal Defendant Amerijet International, Inc''s Motion to Dismiss Plaintiff's Amended Complaint filed by Marcia McManus. Replies due by 7/28/2022. (Streit, Robert) |
| Filing 53 FINAL MEDIATION REPORT by Lori Adelson. Disposition: Case did not settle.(Adelson, Lori) |
|
Filing 52
ORDER granting the remainder of Plaintiff's Motion to Compel (DE #40 ). See DE #41 (denying Plaintiff's Motion in part and deferring ruling on the remainder of the motion). Signed by Magistrate Judge Jared M. Strauss on 7/1/2022. See attached document for full details. (ab03)
|
| Filing 51 REPLY to #44 Response to Order to Show Cause by Marcia McManus. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Streit, Robert) |
|
Filing 50
PAPERLESS ORDER granting #48 Plaintiff's Corrected Unopposed Motion for Extension of Time. Plaintiff shall file her response on or before July 21, 2022. Plaintiff's #47 Motion is denied as moot. Signed by Judge Darrin P. Gayles (bhy)
|
|
Filing 49
AMENDED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, AND REQUIRING MEDIATION: ( Jury Trial set for 5/8/2023 before Judge Darrin P. Gayles., Calendar Call set for 5/3/2023 at 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 2/8/2023 at 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. Mediation Deadline 1/30/2023.) Signed by Judge Darrin P. Gayles on 6/28/2022. See attached document for full details. (mee) #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.
|
| Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #42 Defendant's MOTION to Dismiss with Prejudice #37 Amended Complaint/Amended Notice of Removal Defendant Amerijet International, Inc''s Motion to Dismiss Plaintiff's Amended Complaint (Corrected) by Marcia McManus. (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #42 Defendant's MOTION to Dismiss with Prejudice #37 Amended Complaint/Amended Notice of Removal Defendant Amerijet International, Inc''s Motion to Dismiss Plaintiff's Amended Complaint by Marcia McManus. (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
|
Filing 46
PAPERLESS ORDER. Plaintiff may file a reply to (DE #45 ) Defendant's Amended Response to this Court's Order To Show Cause by 7/1/2022. Signed by Magistrate Judge Jared M. Strauss on 6/27/2022. (ab03)
|
| Filing 45 Defendant's RESPONSE Defendant's Amended Response to Order to Show Cause by Amerijet International, Inc.. (Crucet, Pablo) |
| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE re #41 Order on Motion to Compel, by Amerijet International, Inc.. (Crucet, Pablo) |
| Filing 43 NOTICE by Amerijet International, Inc. re 32 Order on Motion to Stay, (Attachments: #1 Proposed Amended Scheduling Order Setting Civil Trial Date and Pretrial Schedule) (Crucet, Pablo) |
| Filing 42 Defendant's MOTION to Dismiss with Prejudice #37 Amended Complaint/Amended Notice of Removal Defendant Amerijet International, Inc''s Motion to Dismiss Plaintiff's Amended Complaint by Amerijet International, Inc.. Responses due by 7/7/2022 (Crucet, Pablo) |
|
Filing 41
ORDER denying Plaintiff's Motion to Compel (DE #40 ) in part and deferring ruling on the remainder of the Motion. Defendant shall respond, as indicated in the Order, by 6/27/2022. Signed by Magistrate Judge Jared M. Strauss on 6/18/2022. See attached document for full details. (ab03)
|
| Filing 40 Plaintiff's MOTION to Compel Regarding Defendant's Responses and Objections to Plaintiff's First Request for Production of Documents by Marcia McManus. Responses due by 6/30/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Streit, Robert) |
|
Filing 39
PAPERLESS ORDER. While this case was administratively closed, the Court received an email from Plaintiff's counsel, pursuant to this Court's Discovery Procedures Order (DE 17), requesting a discovery hearing regarding Defendant's Objections to Plaintiff's First Request for Production of Documents. In lieu of a discovery hearing, Plaintiff is ORDERED to file a written motion to compel by June 16, 2022. In addition to the merits of the discovery dispute, Plaintiff's motion should address the timeliness of her motion/request for a discovery hearing and, if untimely, why the Court should consider the motion/request. After receipt of Plaintiff's Motion, the Court will decide whether and when Defendant should respond. Signed by Magistrate Judge Jared M. Strauss on 6/9/2022. (ab03)
|
|
Filing 38
PAPERLESS ORDER. This case is reopened and the stay is lifted. Per the Court's prior order, [ECF No. 32], the parties shall submit a proposed amended scheduling order within twenty (20) days of the filing of the amended complaint. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 37 Plaintiff's AMENDED COMPLAINT against Amerijet International, Inc., filed by Marcia McManus.(Streit, Robert) |
| Reset Deadlines: Amended Complaint due by 6/10/2022. Per d.e. 36 Order. (mee) |
|
Filing 36
PAPERLESS ORDER granting #35 Plaintiff's Motion for Extension of Time to File Amended Complaint. Plaintiff shall file her amended complaint on or before June 10, 2022. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 35 Plaintiff's MOTION for Extension of Time to file Amended Complaint re 29 Order Dismissing/Closing Case,,,,, Terminate Motions,,,, by Marcia McManus. Responses due by 6/10/2022 (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
|
Filing 34
ORDER Adopting Confidentiality Agreement with limited modifications. Signed by Magistrate Judge Jared M. Strauss on 5/13/2022. See attached document for full details. (ab03)
|
| Filing 33 STIPULATION Stipulated Confidentiality Agreement by Amerijet International, Inc. (Crucet, Pablo) |
|
Filing 32
PAPERLESS ORDER granting in part Defendant's #30 Motion to Stay. The remaining deadlines in the Court's Scheduling Order #16 shall be stayed. The parties shall submit a proposed amended scheduling order within twenty (20) days of the filing of an amended complaint. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 31 NOTICE by Amerijet International, Inc. re #30 Defendant's MOTION to Stay Order Setting civil Trial Date and Pretrial Schedule Notice of Correction Regarding Certificate of Conferral In Defendant Amerijet International's Motion to Stay Order Setting Civil Trial Date and Pretrial Schedule (Crucet, Pablo) |
| Filing 30 Defendant's MOTION to Stay Order Setting civil Trial Date and Pretrial Schedule by Amerijet International, Inc.. Responses due by 5/24/2022 (Crucet, Pablo) |
|
Filing 29
PAPERLESS ORDER granting #8 Defendant Amerijet International, Inc.'s Motion to Dismiss Plaintiff's Complaint. The Court finds that Plaintiff's Complaint is an impermissible shotgun pleading. See Bardelas v. City of Doral, Fla., No. 20-CV-24894, 2021 WL 2531074, at *4 (S.D. Fla. Apr. 15, 2021) (dismissing complaint as a shotgun pleading where it incorporated each factual allegation into each count and commingled various claims). Here, the Complaint improperly incorporates each factual allegation into each count without properly identifying which fact applies to which claim, and some counts improperly commingle various claims. Indeed, each count is replete with conclusory recitations of the elements. Therefore, Defendant's Motion is GRANTED and Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff shall file an amended complaint on or before May 31, 2022 or the Court will dismiss this action with prejudice. This case is CLOSED for administrative purposes. Signed by Judge Darrin P. Gayles (bhy)
|
| Filing 28 NOTICE of Mediator Selection and Hearing. Notice of Selection of New Mediator Selected/Added Amerijet International, Inc., Lori Adelson as Mediator. Mediation Hearing set for 7/15/2022. (Crucet, Pablo) |
| Filing 27 Notice of Ninety Days Expiring by Amerijet International, Inc. (Crucet, Pablo) |
|
Filing 26
PAPERLESS ORDER denying Plaintiff's Motion to Compel (DE #25 ). Plaintiff has not provided sufficient grounds for the Court to compel mediation to occur on a date certain when, among other things, the scheduling order indicates that the parties' mediation deadline is on October 28, 2022. See (DE #16 at 2). However, given the circumstances described in the motion, the parties' notice of mediator selection(DE #18 ) is no longer in compliance with the Court's scheduling order, which required the parties to select a mediator and schedule a time, date, and place for mediation by December 31, 2021. See (DE #16 at 1). As such, the parties are ORDERED to confer and file an updated notice with the name of their new mediator and a time, date, and place for mediation by April 13, 2022. Signed by Magistrate Judge Jared M. Strauss on 4/6/2022. (ab03)
|
| Filing 25 Plaintiff's MOTION to Compel Mediation by Marcia McManus. Responses due by 4/19/2022 (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)(Streit, Robert) |
|
Filing 24
DISCOVERY ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/31/2022. See attached document for full details. (ab03)
|
| Filing 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Discovery Hearing held on 3/31/2022. Attorney Appearance(s): Robert Corey Streit for the Plaintiff, Pablo L. Crucet, Jr and Robert S. Turk for the Defendant. (Digital ZOOM RECORDED) (at) |
| Filing 22 STATUS REPORT Joint Discovery Status Report by Amerijet International, Inc. (Crucet, Pablo) |
|
Filing 21
Order Setting Discovery Hearing for 3/31/2022 at 10:00 AM before Magistrate Judge Jared M. Strauss via Zoom. Joint Discovery Status Report due by 3/24/2022. Signed by Magistrate Judge Jared M. Strauss on 3/21/2022. See attached document for full details. (ab03)
|
|
Filing 20
PAPERLESS ORDER striking (DE #19 ) Plaintiff's Motion for Extension of Time for failure to comply with the Scheduling Order (DE #16 at 3) and Discovery Procedures Order (DE #17 at 4). The Court further orders that, prior to the parties requesting a hearing on the matters raised in DE #19 in accordance with the Discovery Procedures Order, the parties shall further confer (in person or by telephone) in an effort to resolve the disputes described therein. Signed by Magistrate Judge Jared M. Strauss on 2/16/2022. (ab03)
|
| Filing 19 (STRICKEN PER DE#20)Plaintiff's MOTION for Extension of Time to Respond to Discovery by Marcia McManus. Responses due by 3/2/2022 (Attachments: #1 Text of Proposed Order)(Streit, Robert)Text Modified on 2/17/2022 (cqs). |
| Filing 18 NOTICE of Mediator Selection. Selected/Added Marlene Quintana as Mediator. (Crucet, Pablo) |
|
Filing 17
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 11/17/2021. See attached document for full details. (ab03)
|
|
Filing 16
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Jury Trial set for 1/30/2023 before Judge Darrin P. Gayles. Calendar Call set for 1/25/2023 at 09:30 AM before Judge Darrin P. Gayles. Status Conference set for 11/9/2022 at 10:00 AM before Judge Darrin P. Gayles. ORDER REFERRING CASE to Mediation. Mediation Deadline 10/28/2022. ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for discovery matters. Signed by Judge Darrin P. Gayles on 11/16/2021. See attached document for full details. (mee)
|
| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by Marcia McManus (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Magistrate Selection)(Streit, Robert) |
| Filing 14 Defendant's REPLY to #13 Response in Opposition to Motion to Dismiss Plaintiff's Complaint by Amerijet International, Inc.. (Crucet, Pablo) |
| Filing 13 RESPONSE in Opposition re #8 Defendant's MOTION to Dismiss #1 Complaint filed by Marcia McManus. Replies due by 11/8/2021. (Streit, Robert) |
| Filing 12 Defendant's Corporate Disclosure Statement and Certificate of Interested Person by Amerijet International, Inc. (Crucet, Pablo) |
|
Filing 11
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before November 12, 2021, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/25/2021. (bhy)
|
|
Filing 10
PAPERLESS ORDER granting #9 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss Complaint. Plaintiff shall file its response to Defendant's #8 Motion to Dismiss Plaintiff's Complaint on or before November 1, 2021. Signed by Judge Darrin P. Gayles on 10/19/2021. (bhy)
|
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Defendant's MOTION to Dismiss #1 Complaint by Marcia McManus. (Attachments: #1 Text of Proposed Order)(Streit, Robert) |
| Filing 8 Defendant's MOTION to Dismiss #1 Complaint by Amerijet International, Inc.. Responses due by 10/18/2021 (Crucet, Pablo) |
| Filing 7 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (mcy) |
| Filing 6 NOTICE of Attorney Appearance by Pablo Luis Crucet, Jr on behalf of Amerijet International, Inc.. Attorney Pablo Luis Crucet, Jr added to party Amerijet International, Inc.(pty:dft). (Crucet, Pablo) |
| Filing 5 NOTICE of Attorney Appearance by Robert Stuart Turk on behalf of Amerijet International, Inc.. Attorney Robert Stuart Turk added to party Amerijet International, Inc.(pty:dft). (Turk, Robert) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Amerijet International, Inc.. Marcia McManus waiver sent on 8/6/2021, answer due 10/5/2021. (Turk, Robert) |
| Filing 3 Summons Issued as to Amerijet International, Inc. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (mee) |
| Filing 1 COMPLAINT against Amerijet International, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14903784, filed by Marcia McManus. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Streit, Robert) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
