Power v. Aircraft Service International Inc.
Plaintiff: David Scott Power
Defendant: Aircraft Service International Inc. d/b/a Menzies Aviation
Case Number: 0:2023cv60440
Filed: March 8, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Referring Judge: Jared M Strauss
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Employment Discrimination
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2023 Opinion or Order Filing 30 PAPERLESS ORDER on #29 Suggestion of Death. On or before May 12, 2023, Plaintiff's counsel shall file a notice with the Court advising how Plaintiff's estate or relatives, if any, intend to proceed with this matter. If counsel is currently conferring with the relevant parties regarding how to proceed, counsel may advise the court that a determination has not been made at the time of filing and request additional time to do so. Signed by Judge Rodolfo A. Ruiz, II on 5/5/2023. (zse)
May 5, 2023 Opinion or Order Filing 29 NOTICE by David Scott Power Suggestion of Death (Triantis, George)
May 1, 2023 Opinion or Order Filing 28 ANSWER TO PLAINTIFFS AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Aircraft Service International Inc.. (Neuberger, Mark)
April 21, 2023 Opinion or Order Filing 27 First AMENDED COMPLAINT against Aircraft Service International Inc., filed by David Scott Power.(Triantis, George)
April 20, 2023 Opinion or Order Filing 26 ORDER Scheduling Mediation before Carlos Burruezo, Esq. Mediation Hearing set for 10/25/2023 10:00 AM Signed by Judge Rodolfo A. Ruiz, II on 4/20/2023. See attached document for full details. (pc)
April 19, 2023 Opinion or Order Filing 25 NOTICE of Mediator Selection and Hearing. Proposed Order Scheduling Mediation and Selection of Mediator Selected/Added Carlos Burruezo as Mediator. Mediation Hearing set for 10/25/2023 at 10:00 AM. (Triantis, George)
April 15, 2023 Opinion or Order Filing 24 ORDER GRANTING MOTION TO DISMISS. Amended Complaint due by 4/21/2023. Signed by Judge Rodolfo A. Ruiz, II on 4/14/2023. See attached document for full details. (zse)
April 12, 2023 Opinion or Order Filing 23 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 4/12/2023. Attorney Appearance(s): John R. FitzGerald, Mark J. Neuberger, George Gus Triantis, Marc Reed Edelman, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
April 10, 2023 Opinion or Order Filing 22 PAPERLESS ORDER on status conference. The April 12, 2023 Status Conference [ECF No. 21] shall now be held telephonically. The parties are instructed to call +1 305-990-2559 by no later than 9:55 A.M. The phone conference ID is 708 046 961#. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 4/10/2023. (zse)
April 10, 2023 Opinion or Order Filing 21 PAPERLESS ORDER scheduling Zoom status conference. The parties shall appear for a Status Conference via Zoom on Wednesday, April 12, 2023 at 10:00 A.M. The Court will publish the Zoom information by separate order. Signed by Judge Rodolfo A. Ruiz, II on 4/10/2023. (zse)
April 6, 2023 Opinion or Order Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re #18 Order to Show Cause by Aircraft Service International Inc.. (Neuberger, Mark)
April 6, 2023 Opinion or Order Filing 19 Defendant's Corporate Disclosure Statement DEFENDANTS CORPORATE DISCLOSURE STATEMENT & CERTIFICATE OF INTERESTED PERSONS by Aircraft Service International Inc. identifying Other Affiliate Menzies Aviation, Inc., Other Affiliate John Menzies Limited, Other Affiliate dba Menzies Aviation for Aircraft Service International Inc. (Neuberger, Mark)
April 5, 2023 Opinion or Order Filing 18 ORDER TO SHOW CAUSE. Show Cause Response due by 4/12/2023. Signed by Judge Rodolfo A. Ruiz, II on 4/5/2023. See attached document for full details. (zse)
April 5, 2023 Opinion or Order Filing 17 PAPERLESS ORDER re #15 Discovery Procedures Order. The Court hereby amends two portions of the Discovery Procedures Order. First, when the Discovery Procedures Order provides for the filing of a "Notice of Request for Discovery Hearing," the parties shall instead entitle their filing "Notice of Discovery Dispute." Second, when the Discovery Procedures Order provides for the filing of a "Notice of Request for Show Cause Hearing," the parties shall instead entitle their filing "Notice of Complete Failure to Respond to Discovery." Signed by Magistrate Judge Jared M. Strauss on 4/5/2023. (emd)
April 4, 2023 Opinion or Order Filing 16 Defendant's REPLY , MEMORANDUM in Support DEFENDANTS REPLY MEMORANDUM IN SUPPORT OF ITS PARTIAL MOTION TO DISMISS COUNT TWO FOR FAILURE TO STATE A CLAIM by Aircraft Service International Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Neuberger, Mark)
March 31, 2023 Opinion or Order Filing 15 DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/31/2023. See attached document for full details. (emd)
March 31, 2023 Opinion or Order Filing 13 First Corporate Disclosure Statement Plaintiff's Certificate of Interested Persons and Corporate Disclosure Statement by David Scott Power (Triantis, George)
March 30, 2023 Opinion or Order Filing 14 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 3/11/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 3/5/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 5/11/2023., Discovery due by 11/14/2023., Expert Discovery due by 11/14/2023., Joinder of Parties due by 5/11/2023., Mediation Deadline 11/21/2023., In Limine Motions due by 12/29/2023., Dispositive Motions due by 11/28/2023., Motions due by 11/28/2023., Pretrial Stipulation due by 12/29/2023.) (Mediation Deadline 11/21/2023.) Signed by Judge Rodolfo A. Ruiz, II on 3/30/2023. See attached document for full details. (pc) #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.
March 30, 2023 Opinion or Order Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Aircraft Service International Inc. (Attachments: #1 Text of Proposed Order)(Neuberger, Mark)
March 28, 2023 Opinion or Order Filing 11 RESPONSE to Motion re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS PARTIAL MOTION TO DISMISS COUNT TWO FOR FAILURE TO STATE A CLAIM filed by David Scott Power. Replies due by 4/4/2023. (Attachments: #1 Exhibit)(Triantis, George)
March 20, 2023 Opinion or Order Filing 10 STATUS REPORT DEFENDANT AIRCRAFT SERVICE INTERNATIONAL, INC.S REMOVAL STATUS REPORT by Aircraft Service International Inc. (Neuberger, Mark)
March 14, 2023 Opinion or Order Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS PARTIAL MOTION TO DISMISS COUNT TWO FOR FAILURE TO STATE A CLAIM by Aircraft Service International Inc.. Responses due by 3/28/2023 (Neuberger, Mark)
March 9, 2023 Opinion or Order Filing 8 PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk is directed to provide Notices of Electronic Filing to Mr. Fitzgerald at email address jfitzgerald@foley.com. Signed by Judge Rodolfo A. Ruiz, II on 3/9/2023. (zse)
March 9, 2023 Opinion or Order Filing 7 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John R. FitzGerald. MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING Filing Fee $ 200.00 Receipt # AFLSDC-16410833 by Aircraft Service International Inc.. Responses due by 3/23/2023 (Neuberger, Mark)
March 9, 2023 Opinion or Order Filing 6 Bar Letter re: Admissions sent to attorney John R. Fitzgerald, mailing date March 9, 2023, (pt)
March 8, 2023 Opinion or Order Filing 5 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 3/31/2023 Signed by Judge Rodolfo A. Ruiz, II on 3/8/2023. See attached document for full details. (drz)
March 8, 2023 Opinion or Order Filing 4 ORDER REQUIRING REMOVAL STATUS REPORT. Signed by Judge Rodolfo A. Ruiz, II on 3/8/2023. See attached document for full details. (zse)
March 8, 2023 Opinion or Order Filing 3 Defendant's Corporate Disclosure Statement DEFENDANTS CORPORATE DISCLOSURE STATEMENT by Aircraft Service International Inc. identifying Corporate Parent Menzies Aviation, Inc., Other Affiliate John Menzies Limited for Aircraft Service International Inc. (Neuberger, Mark)
March 8, 2023 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (pc)
March 8, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - NOTICE OF REMOVAL) Filing fee $ 402.00 receipt number AFLSDC-16407100, filed by Aircraft Service International Inc.. (Attachments: #1 Exhibit A - State Cover Sheet & Complaint, #2 Exhibit B - Civil Cover Sheet, #3 Exhibit C - Bazerkanian Removal Declaration, #4 Exhibit D - Proof of Salary, #5 Exhibit E - EEOC Charge)(Neuberger, Mark) (See Complaint Exh. A, No Answer/Motion to Dismiss filed) Modified text on 3/8/2023 (pc).

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Plaintiff: David Scott Power
Represented By: George Gus Triantis
Represented By: Marc Reed Edelman
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Defendant: Aircraft Service International Inc. d/b/a Menzies Aviation
Represented By: Mark J. Neuberger
Represented By: John R. FitzGerald
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