Hummel et al v. Marriott International, Inc et al
| Kianna Hummel and Jessica Bostrom |
| Marriott International, Inc., Inmobiliaria Valiant, S.A de C.V. and Luxury Hotels International Management Mexico S.A. de C,V. |
| 0:2023cv61965 |
| October 15, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 Joint SCHEDULING REPORT - Rule 26(f) by Inmobiliaria Valiant, S.A de C.V., Luxury Hotels International Management Mexico S.A. de C,V., Marriott International, Inc. (Ehrenreich, Todd) |
Filing 23
ORDER GRANTING #22 MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY: Plaintiff's request for an extension of time (DE 22) is GRANTED IN PART. Plaintiff may proceed with the discovery described in its motion for a period of sixty days, or until February 9, 2024. Responses to the Defendants' Motions to Dismiss due by 2/23/2024. Signed by Judge Donald M. Middlebrooks on 12/13/2023. See attached document for full details. (scn)
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| Filing 22 Plaintiff's MOTION for Leave to File to Conduct Jurisdictional Discovery by Jessica Bostrom, Kianna Hummel. (Attachments: #1 Exhibit Sun Sentinel article, #2 Exhibit Miami Herald article, #3 Exhibit Marriott's Website claiming private beach, #4 Exhibit DE 53 Order on Plaintiff's Motion for Leave to Conduct Discovery, #5 Text of Proposed Order, #6 Exhibit)(Grammes, Daniel) |
| Filing 21 NOTICE by Jessica Bostrom, Kianna Hummel of Efforts on Service of Defendants Inmobiliaria Valiant and Luxury Hotels International Managemement Mexico (Grammes, Daniel) |
| Filing 20 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Calendar Call set for 7/10/2024 1:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 7/15/2024 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Amended Pleadings due by 1/11/2024. Joinder of Parties due by 1/11/2024. Discovery due by 5/2/2024. Fact Discovery due by 5/2/2024. Expert Discovery due by 5/2/2024. In Limine Motions due by 5/16/2024. Dispositive Motions due by 5/16/2024. Motions due by 5/16/2024. Pretrial Stipulation due by 6/17/2024. All parties must complete mediation or a settlement conference at least 60 days before the scheduled trial date. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/29/2023. See attached document for full details. (wce) #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 19 PAPERLESS Minute Entry for proceedings held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 11/29/2023. Total time in court: 0 hour(s) : 15 minutes. Attorney Appearance(s): Daniel Wayne Grammes, Todd Randall Ehrenreich. (mdl) |
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Filing 18
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew Peter Rausch, Jr. Signed by Judge Donald M. Middlebrooks on 11/29/2023. (kid)
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Filing 17
PAPERLESS ORDER granting #15 Unopposed Motion for Extension of Time. Plaintiffs move for a thirty-day extension of time to respond to Defendant's two Motions to Dismiss (DE #13 ; DE #14 ), from December 6, 2023, to January 5, 2023. Motions for extension of time must set forth good cause supported by specific facts. In support of the requested extension, Plaintiffs cite the need to consult with a foreign-law expert as well as gather supporting declarations from witnesses located in the United States. Additionally, because counsel was out of the office for the Thanksgiving Holidays, they represent that they need additional time. I find Plaintiffs' Motion sufficiently sets forth good cause to grant the requested extension. Accordingly, Plaintiffs shall respond to the two Motions to Dismiss on or by January 5, 2024. Signed by Judge Donald M. Middlebrooks on 11/29/2023. (kid)
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| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew Peter Rausch, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17102591 by Jessica Bostrom, Kianna Hummel. Responses due by 12/12/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Grammes, Daniel) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, for Forum Non Conveniens, #13 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),, by Jessica Bostrom, Kianna Hummel. (Attachments: #1 Text of Proposed Order)(Grammes, Daniel) |
| Filing 14 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, for Forum Non Conveniens by Marriott International, Inc.. Responses due by 12/6/2023 (Attachments: #1 Affidavit Ex. A -- Marriott International Declaration, #2 Affidavit Ex. B -- Mexican-Law Expert's Declaration)(Ehrenreich, Todd) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),, by Marriott International, Inc.. Responses due by 12/6/2023 (Attachments: #1 Affidavit Ex. A -- Marriott International Declaration, #2 Affidavit Ex. B -- Mexican-Law Expert's Declaration)(Ehrenreich, Todd) |
| Filing 12 Summons Issued as to Inmobiliaria Valiant, S.A de C.V., Luxury Hotels International Management Mexico S.A. de C,V.. (Attachments: #1 Summon(s))(ebz) |
| Filing 11 NOTICE of Filing Proposed Summons(es) by Jessica Bostrom, Kianna Hummel (Attachments: #1 Summon(s)) (Grammes, Daniel) |
| Filing 10 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on November 29, 2023, at 2:15 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/14/2023. (mdl) |
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: ORDER REFERRING CASE to United States Magistrate Judge Panayotta Augustin-Birch to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. With notices (NEFs for Events only) for all filings in case. Calendar Call set for 7/10/2024 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial set for 7/15/2024 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 11/9/2023. See attached document for full details. (wce) #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 8
PAPERLESS ORDER granting #7 Defendant's Motion for Extension of Time. Defendant Marriott International Inc. requests a three-week extension, from October 23, 2023, to November 13, 2023, to respond to Plaintiffs' Complaint. Motions for extension of time must set forth good cause supported by specific facts. In support, Defendant represents that it intends to move to dismiss this case for lack of jurisdiction because the underlying incident occurred in Mexico, and it needs additional time to consult experts. Further, Defendant represents that the mediation scheduled for November 1, 2023, could resolve this issue. Based upon the foregoing, I will grant the extension. Defendant Marriott International Inc. shall respond to the Complaint on or by November 22, 2023. . Defendant is cautioned to ensure that future motions for extensions of time are filed in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 10/24/2023. (kal)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Operative Complaint by Marriott International, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Luck, David) |
| Filing 6 Bar Letter re: Admissions sent to attorney A. Peter Rausch, Jr., mailing date October 17, 2023, (pt) |
| Filing 5 NOTICE by Marriott International, Inc. re #1 Notice of Removal (State Court Complaint),, Civil Cover Sheet (Luck, David) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The Clerk added the additional parties. (wce) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal of Plaintiffs' State-Court Complaint Against Marriott International, Inc.) Filing fee $ 402.00 receipt number AFLSDC-16994240, filed by MARRIOTT INTERNATIONAL, INC. (No Answer/ Motion to Dismiss Filed.) (Attachments: #1 Exhibit Ex. A -- State-Court Docket and Filings, #2 Affidavit Ex. B -- Marriott Int'l Declr. in Support of Removal, #3 Affidavit Ex. C. -- Mexican Hotel Manager Declr. in Support of Removal, #4 Exhibit Ex. D -- State-Court Notice of Removal)(Luck, David) Modified Text on 10/16/2023 (wce). |
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