Warwas v. Spirit Airlines, inc.
| Michael Warwas |
| Spirit Airlines Inc. |
| 0:2024cv60074 |
| January 11, 2024 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Labor: Family and Medical Leave Act |
| 05 U.S.C. § 0704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 58
ORDER GRANTING #54 Motion to Withdraw as Attorney. Kathryn Bain representing Warwas, Michael (Plaintiff) withdrawn from case. Notice of Termination delivered by US Mail to Kathryn Bain. Signed by Judge Raag Singhal on 2/26/2024. See attached document for full details. (caw)
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| Filing 57 Joint SCHEDULING REPORT - Rule 16.1 by Michael Warwas (Attachments: #1 Proposed Order)(Zipperian, Nathan) |
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Filing 56
PAPERLESS ORDER granting #53 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Alexander P. Berg. Mr. Berg may appear and participate in this actionon behalf of Defendant Spirit Airlines, Inc. Signed by Judge Raag Singhal on 1/29/2024. (jgr)
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Filing 55
PAPERLESS ORDER granting #50 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Monique Olivier. Ms. Oliver may appear and participate in this action onbehalf of Plaintiff, Michael Warwas. Signed by Judge Raag Singhal on 1/29/2024. (jgr)
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| Filing 54 MOTION to Withdraw as Attorney by Kathryn L. Bain for / by Michael Warwas. Responses due by 2/9/2024. (Attachments: #1 Proposed Order)(Zipperian, Nathan) |
| Filing 53 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexander P. Berg. Filing Fee $ 200.00 Receipt # AFLSDC-17242637 by Spirit Airlines Inc.. Responses due by 2/8/2024. (Attachments: #1 Certification Certification of Alexander P. Berg in Support of Motion for Pro Hac Vice, #2 Text of Proposed Order Proposed Order on Alexander P. Berg's pro hac vice motion)(Morel, Miguel) |
| Filing 52 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed and Certificate of Interested Persons by Spirit Airlines Inc. (Morel, Miguel) |
| Filing 51 Certificate of Other Affiliates/Corporate Disclosure Statement by Michael Warwas (Zipperian, Nathan) |
| Filing 50 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Monique Olivier. Filing Fee $ 200.00 Receipt # AFLSDC-17239245 by Michael Warwas. Responses due by 2/7/2024. (Attachments: #1 Certification of Monique Olivier, #2 Proposed Order)(Zipperian, Nathan) |
| Filing 49 NOTICE of Attorney Appearance by Nathan C. Zipperian on behalf of Michael Warwas. Attorney Nathan C. Zipperian added to party Michael Warwas(pty:pla). (Zipperian, Nathan) |
| Filing 48 NOTICE of Filing Motions Pending on Transfer to this Court by Spirit Airlines Inc. (Attachments: #1 Exhibit A - DE # 19 Defendant's Motion to Dismiss Count I of Plaintiff's Complaint, #2 Exhibit B - DE # 28 Plaintiff's Opposition to Defendant's Motion to Dismiss, #3 Exhibit C - DE # 30 Defendant's Reply to Plaintiff's Response to Motion to Dismiss, #4 Exhibit D - DE # 31 Defendant's Motion to Stay Discovery) (Morel, Miguel) |
| Filing 47 Notice of Pending, Refiled, Related or Similar Actions by Spirit Airlines Inc. (Morel, Miguel) |
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Filing 46
ORDER REQUIRING JOINT SCHEDULING REPORT. Signed by Judge Raag Singhal on 1/12/2024. See attached document for full details. (caw)
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Filing 45
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 1/12/2024. (jgr)
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| Filing 44 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 1/12/2024. (jgr) |
| Filing 43 Bar Letter re: Admissions sent to attorney Alex Berg, Ethan Thomas, Anna K. D'Agostino, Cassidy Clark, Christian Schreiber, Monique Olivier, Kathryn Bain, mailing date January 11, 2024, (pt) |
| Filing 42 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (jua) |
| Filing 41 Case transferred in from Nevada; Case Number 2:23-cv-01367. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 40 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/11/2024 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Christian Schreiber; Def Counsel: Ethan Thomas, Miguel Morel, and Alex Berg; Court Reporter: Paige Christian; Time of Hearing: 9:00 a.m.; Recording start and end times: 9:00 a.m. - 9:35 a.m.; Courtroom: 6C; The court made preliminary remarks and heard the arguments of counsel regarding the defendant's motion to change venue or transfer ECF No. #18 . As stated on the record, the motion to change venue or transfer is granted. The Clerk of Court is directed to TRANSFER this case to the SOUTHERN DISTRICT OF FLORIDA for all further proceedings and CLOSE THIS CASE.The minutes of this proceeding and the transcript will serve as the court's official ruling. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
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Filing 39
ORDER APPROVING ECF No. #35 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Christian Schreiber for Michael Warwas and approving Designation of Local Counsel Kathryn L. Bain. Signed by Judge Andrew P. Gordon on 1/10/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 38 NOTICE of Appearance by attorney Monique Olivier on behalf of Plaintiff Michael Warwas. Notice of Appearance of Christian Schreiber (Pro Hac Vice Pending) (Olivier, Monique) |
| Filing 37 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorneys Anna D'Agostino, Miguel Angel Morel are in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (CJS) |
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Filing 36
ORDER Granting #34 Motion for Leave to Appear Remotely / Video Conference, Attorney Miguel Morel, re #32 Order. Signed by Judge Andrew P. Gordon on 1/8/2024.(Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 35 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Christian Schreiber and DESIGNATION of Local Counsel Kathryn L. Bain (Filing fee $ 250 receipt number ANVDC-7547318) by Plaintiff Michael Warwas. (Olivier, Monique) |
| Filing 34 Joint MOTION for Leave to Appear Remotely / Video Conference, Attorney Miguel Morel, re #32 Order, by Defendant Spirit Airlines, inc.. Responses due by 1/19/2024. (Thomas, Ethan) (presiding) |
| Filing 33 Proposed Discovery Plan and Scheduling Order by Plaintiff Michael Warwas.. (Clark, Cassidy) |
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Filing 32
Order Setting Hearing on Motion to Transfer Venue. Motion Hearing re ECF No. #18 set for 1/11/2024 at 9:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 12/27/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 31 MOTION to Stay Discovery by Defendant Spirit Airlines, inc.. Responses due by 1/4/2024. (Attachments: #1 Declaration of Miguel Morel, #2 Index, #3 Exhibit 1 - Flannery v. Spirit - Order to Show Cause (11/07/22), #4 Exhibit 2 - Flannery - Conferral Email (02/04/23), #5 Exhibit 3 - Flannery - Conferral Email re Joint Scheduling Report (08/16/23), #6 Exhibit 4 - Flannery - Joint Scheduling Report with OS redlines, #7 Exhibit 5 - Warwas - Conferral Email (12/05/23))(Thomas, Ethan) |
| Filing 30 REPLY to Response to #19 Motion to Dismiss,,,, by Defendant Spirit Airlines, inc.. (Attachments: #1 Index, #2 Exhibit 1 - Second Declaration of Paponetti, #3 Exhibit 1A - November 10, 2020 Letter, #4 Exhibit 1B - November 11, 2020 Letter, #5 Exhibit 1C - November 13, 2020 Letter, #6 Exhibit 1D - February 16, 2021 Letter, #7 Exhibit 2 - Flannery case production (Flannery_000513-14))(Thomas, Ethan) |
| Filing 29 REPLY to Response to #18 Motion to Change Venue/Transfer,,, by Defendant Spirit Airlines, inc.. (Attachments: #1 Index, #2 Exhibit 1 - Second Declaration of Paponetti, #3 Exhibit 1A - November 10, 2020 Letter, #4 Exhibit 1B - November 11, 2020 Letter, #5 Exhibit 1C - November 13, 2020 Letter, #6 Exhibit 1D - February 16, 2021 Letter, #7 Exhibit 2 - Flannery case production (Flannery_000513-14))(Thomas, Ethan) |
| Filing 28 RESPONSE to #19 Motion to Dismiss,,,, by Plaintiff Michael Warwas. Replies due by 12/8/2023. (Clark, Cassidy) |
| Filing 27 RESPONSE to #18 Motion to Change Venue/Transfer,,, by Plaintiff Michael Warwas. Replies due by 12/8/2023. (Clark, Cassidy) |
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Filing 26
ORDER granting #25 Stipulation TO EXTEND BRIEFING SCHEDULE REGARDING #18 DEFENDANTS MOTION TO TRANSFER VENUE AND #19 TO DISMISS COUNT 1 OF PLAINTIFFS COMPLAINT. Responses due by 12/1/2023. Signed by Judge Andrew P. Gordon on 11/29/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 25 First STIPULATION FOR EXTENSION OF TIME (First Request) re #19 Motion to Dismiss,,,, #18 Motion to Change Venue/Transfer,,, by Plaintiff Michael Warwas. (Olivier, Monique) (extend) (sumjgm) |
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Filing 24
ORDER approving ECF No. #22 Verified Petition for Permission to Practice Pro Hac Vice Attorney Alexander P. Berg for Spirit Airlines, Inc. and approving Designation of Local Counsel Ethan D. Thomas. Signed by Judge Andrew P. Gordon on 11/14/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - GA)
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Filing 23
ORDER approving ECF No. #21 Verified Petition for Permission to Practice Pro Hac Vice Attorney Miguel Angel Morel for Spirit Airlines, Inc. and approving Designation of Local Counsel Ethan D. Thomas. Signed by Judge Andrew P. Gordon on 11/14/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - GA)
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| Filing 22 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alexander P. Berg and DESIGNATION of Local Counsel Ethan D. Thomas (Filing fee $ 250 receipt number ANVDC-7490438) by Defendant Spirit Airlines, inc.. (Thomas, Ethan) |
| Filing 21 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Miguel Angel Morel and DESIGNATION of Local Counsel Ethan D. Thomas (Filing fee $ 250 receipt number ANVDC-7490435) by Defendant Spirit Airlines, inc.. (Thomas, Ethan) |
| Filing 20 CERTIFICATE of Interested Parties by Spirit Airlines, inc.. There are no known interested parties other than those participating in the case. (Thomas, Ethan) |
| Filing 19 MOTION to Dismiss #1 Complaint,, by Defendant Spirit Airlines, inc.. Responses due by 11/24/2023. Certificate of Interested Parties due by 11/20/2023. Discovery Plan/Scheduling Order due by 12/25/2023. (Attachments: #1 Index, #2 Exhibit A - Flannery Order Granting Partial Motion to Dismiss, #3 Exhibit B - Paponetti Declaration, #4 Exhibit B-1 - CBA Excerpts, #5 Exhibit B-2 - FMLA Portal, #6 Exhibit B-2a - Portal Screenshot, #7 Exhibit B-3 - 2019 FMLA Guidelines Inflight, #8 Exhibit B-4 - 2020 FMLA Guidelines for Inflight, #9 Exhibit B-5 - Sedgwick correspondence (10-20-20), #10 Exhibit B-6 - Warwas FMLA Denial Letter (March, 2021), #11 Exhibit B-7 - Warwas FMLA Denial Letter (June, 2021), #12 Exhibit C - Flannery - Amended Complaint, #13 Exhibit D - Spirit - AFA - MOU (March 27), #14 Exhibit E - Spirit - AFA - MOU (August 12), #15 Exhibit F - DOL Fact Sheet)(Thomas, Ethan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 18 MOTION to Change Venue or Transfer. Responses due by 11/24/2023. (Attachments: #1 Index, #2 Exhibit A - Flannery Order Granting Partial Motion to Dismiss, #3 Exhibit B - Paponetti Declaration, #4 Exhibit B-1 - CBA Excerpts, #5 Exhibit B-2 - FMLA Portal, #6 Exhibit B-2a - Portal Screenshot, #7 Exhibit B-3 - 2019 FMLA Guidelines for Inflight, #8 Exhibit B-4 - 2020 FMLA Guidelines for Inflight, #9 Exhibit B-5 - Sedgwick correspondence (10-20-20), #10 Exhibit B-6 - Warwas FMLA Denial Letter (March, 2021), #11 Exhibit B-7 - Warwas FMLA Denial Letter (June, 2021), #12 Exhibit C - Flannery - Amended Complaint, #13 Exhibit D - Spirit - AFA MOU (March 27), #14 Exhibit E - Spirit - AFA MOU (August 12), #15 Exhibit F -DOL Fact Sheet)(Thomas, Ethan) |
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Filing 17
ORDER granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Monique Oliver for Michael Warwas and approving Designation of Local Counsel as to Kathryn L. Bain. Signed by Judge Andrew P. Gordon on 10/31/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - CT)
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| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Monique Olivier and DESIGNATION of Local Counsel Kathryn L. Bain (Filing fee $ 250 receipt number ANVDC-7476076) by Plaintiff Michael Warwas. (Clark, Cassidy) |
| Filing 15 NOTICE of Appearance by attorney Ethan Thomas on behalf of Defendant Spirit Airlines, inc.. (Thomas, Ethan) |
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Filing 14
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Anna D'Agostino and approving Designation of Local Counsel Kathryn L. Bain. Signed by Judge Andrew P. Gordon on 10/3/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - ALZ)
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Filing 13
ORDER Granting #8 Motion to Extend Time (First Request) re 4 Notice for Desig of Local Counsel & VP. Verified Petition due by 10/30/2023. Signed by Judge Andrew P. Gordon on 10/2/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Anna D'Agostino and DESIGNATION of Local Counsel Kathryn Bain (Filing fee $ 250 receipt number ANVDC-7446167) by Plaintiff Michael Warwas. (Bain, Kathryn) |
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Filing 11
ORDER APPROVING ECF No. #10 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Cassidy Clark for Plaintiff Michael Warwas and approving Designation of Local Counsel Kathryn L. Bain. Signed by Judge Andrew P. Gordon on 10/2/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 10 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Cassidy Clark and DESIGNATION of Local Counsel Kathryn Bain (Filing fee $ 250 receipt number ANVDC-7443259) by Plaintiff Michael Warwas. (Bain, Kathryn) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Michael Warwas. Spirit Airlines, inc. waiver sent on 9/12/2023, answer due 11/11/2023. (Bain, Kathryn) |
| Filing 8 First MOTION to Extend Time (First Request) re 4 Notice for Desig of Local Counsel & VP,,, by Plaintiff Michael Warwas. Responses due by 9/29/2023. (Attachments: #1 Proposed Order)(Bain, Kathryn) (presiding) |
| Filing 7 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 6 CLERK'S NOTICE that this case is randomly reassigned to District Judge Andrew P. Gordon for all further proceedings. All further documents must bear the correct case number 2:23-cv-01367-APG-NJK. (no image attached) (CJS) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 9/5/2023. With good cause appearing, the Honorable Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - ADR) |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Anna D'Agostino, Cassidy Clark, Monique Oliver to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 9/15/2023. (no image attached) (ALZ) |
| Filing 3 SUMMONS ISSUED as to Spirit Airlines, inc. (ALZ) |
| Filing 2 CERTIFICATE of Interested Parties by Michael Warwas. There are no known interested parties other than those participating in the case (Bain, Kathryn) |
| Filing 1 COMPLAINT against Spirit Airlines, inc. (Filing fee $402 receipt number ANVDC-7414447) by Michael Warwas. Certificate of Interested Parties due by 9/11/2023. Proof of service due by 11/30/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Bain, Kathryn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Nancy J. Koppe. (ALZ) |
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