Whiteman v. AGA Service Company, Inc. et al
| Alan Whiteman |
| AGA Service Company, Inc. and JetBlue Airways Corporation |
| 0:2023cv61826 |
| September 22, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 RESPONSE in Opposition re #27 Plaintiff's MOTION for Leave to File to File Sur-Reply or in the Alternative Motion to Strike Defendants' Reply and Incorporated Memorandum of Law filed by AGA Service Company, Inc., JetBlue Airways Corporation. Replies due by 11/27/2023. (Fernandez, Lazaro) |
| Filing 27 Plaintiff's MOTION for Leave to File to File Sur-Reply or in the Alternative Motion to Strike Defendants' Reply and Incorporated Memorandum of Law by Alan Whiteman. (Belfer, Ellen) |
| Filing 26 Joint SCHEDULING REPORT - Rule 16.1 by Alan Whiteman (Schultz, Alec) |
| Filing 25 Defendant's REPLY to #22 Response in Opposition to Motion, #12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by AGA Service Company, Inc., JetBlue Airways Corporation. (Attachments: #1 Exhibit Ex. A - Section 6 of JetBlue Airways Contract of Carriage)(Fernandez, Lazaro) |
Filing 24
PAPERLESS ORDER granting #23 Motion for Extension of Time to File Reply. Defendants' Reply is due by 11/3/2023. Signed by Judge Raag Singhal on 10/23/2023. (jgr)
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| Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #22 Response in Opposition to Motion, #12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by AGA Service Company, Inc., JetBlue Airways Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Fernandez, Lazaro) |
| Filing 22 RESPONSE in Opposition re #12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW filed by Alan Whiteman. Replies due by 10/27/2023. (Schultz, Alec) |
| Filing 21 Plaintiff's Certificate of Other Affiliates by Alan Whiteman (Schultz, Alec) |
| Filing 20 NOTICE of Attorney Appearance by Ellen Ross Belfer on behalf of Alan Whiteman. Attorney Ellen Ross Belfer added to party Alan Whiteman(pty:pla). (Belfer, Ellen) |
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Filing 19
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 10/10/2023. (jgr)
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| Filing 18 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to 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 (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 10/10/2023. (jgr) |
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Filing 17
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney William Burgess. Mr. Burgess may appear and participate in this action on behalf of the plaintiff Alan Whiteman on behalf of himself and all others similarly situated in this case. Signed by Judge Raag Singhal on 10/10/2023. (jgr)
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Filing 16
PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gayle I. Jenkins. Ms. Jenkins may appear and participate in this action on behalf of the Defendants AGA Service Company, Inc. and JetBlue Airways Corporation. Signed by Judge Raag Singhal on 10/10/2023. (jgr)
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| Filing 15 Notice of Supplemental Authority re #12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by AGA Service Company, Inc., JetBlue Airways Corporation (Fernandez, Lazaro) |
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time. Response to Motion to Dismiss is due by 10/20/2023. Signed by Judge Raag Singhal on 10/2/2023. (jgr)
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| Filing 13 Agreed MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss re #12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by Alan Whiteman. Responses due by 10/13/2023 (Attachments: #1 Text of Proposed Order)(Schultz, Alec) |
| Filing 12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by AGA Service Company, Inc., JetBlue Airways Corporation. Responses due by 10/13/2023 (Fernandez, Lazaro) |
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Filing 11
Order Of Transfer. ORDER TRANSFERRING CASE to Judge Raag Singhal for all further proceedings, accepted and signed on 9/28/2023. Judge William P. Dimitrouleas no longer assigned to case. Signed by Judge William P. Dimitrouleas on 9/27/2023. See attached document for full details. (rbe)
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| Filing 10 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by AGA Service Company, Inc. identifying Corporate Parent Allianz SE, Corporate Parent Allianz Partners S.A.S., Corporate Parent AWP P&C S.A., Corporate Parent AWP USA Inc. for AGA Service Company, Inc. (Fernandez, Lazaro) |
| Filing 9 Clerk's Notice to Filer re #7 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs) |
| Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by JetBlue Airways Corporation (Fernandez, Lazaro) |
| Filing 7 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by AGA Service Company, Inc. (Fernandez, Lazaro) |
| Filing 6 NOTICE by Alan Whiteman of Re-filed Case (Schultz, Alec) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William Burgess. Filing Fee $ 200.00 Receipt # AFLSDC-16947884 by Alan Whiteman. Responses due by 10/10/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Schultz, Alec) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gayle I. Jenkins. Filing Fee $ 200.00 Receipt # AFLSDC-16946454 by AGA Service Company, Inc., JetBlue Airways Corporation. Responses due by 10/10/2023 (Fernandez, Lazaro) |
| Filing 3 Bar Letter re: Admissions sent to attorney Gayle I. Jenkins, William M. Burgess, mailing date September 25, 2023, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16939676, filed by JetBlue Airways Corporation, AGA Service Company, Inc. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint/ Pleadings, #3 Exhibit B - Declaration of E. Hartman)(Fernandez, Lazaro) Modified text & attachment description on 9/25/2023 (rbe). |
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