Van Hoy et al v. Sandals Resorts International, Ltd. et al
Plaintiff: Karen Von Aswege, Nichole Cleaveland, Myrna Morris and John Van Hoy, Sr.
Defendant: A.O. Smith Corporation, Sandals Resorts International, Ltd., Hayward Industries, Inc., Sta-Rite Industries, LLC, Unique Vacations,Inc, SCP Distributors, LLC, Hospitality Purveyors, Inc. and Pentair Water Pool and SPA, Inc.
Case Number: 1:2011cv24580
Filed: December 21, 2011
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Chris M McAliley
Referring Judge: Patricia A Seitz
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 10, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2014 Filing 303 STIPULATION of Dismissal by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Brais, Keith)
June 10, 2014 Filing 302 Notice of Court Practice. This case is CLOSED for statistical purposes. Signed by Judge Patricia A. Seitz on 6/10/2014. (ar2)
May 29, 2014 Filing 301 NOTICE of Settlement by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr (Brais, Keith)
April 29, 2014 Filing 300 MOTION for Partial Summary Judgment by Hayward Industries, Inc.. Responses due by 5/16/2014 (Attachments: #1 Exhibit "1", #2 Exhibit "2")(Ferreyra, Edgardo)
April 7, 2014 Filing 299 Plaintiffs' Unopposed Motion to Be Excused From Personally Attending Mediation [DE-298] is GRANTED. John Van Hoy, Sr. is excused from personally appearing at the mediation, provided that he be contemporaneously available (1) to conference into the proceedings so as to observe and participate in the settlement discussions and (2) to execute and immediately return any necessary documents. Karen von Asewge is excused from attending the mediation, provided that Tyler Van Hoy personally attend. However, given that Tyler Van Hoy is now sui juris, it is incumbent upon Plaintiffs' counsel to make the appropriate changes, going forward, in the style of the case. Signed by Judge Patricia A. Seitz on 4/7/2014. (ai00)
April 4, 2014 Filing 298 Unopposed MOTION to Excuse John Van Hoy, Sr. and Karen Von Aswege from Personally Attending Mediation re #232 ORDER Scheduling Mediation by John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit "A" - Note from Dr. LaSalle)(Rusak, Richard)
April 3, 2014 Opinion or Order Filing 297 ORDER OF RECUSAL AND REASSIGNMENT. Magistrate Judge William C. Turnoff recused. Case reassigned to Magistrate Judge Chris M. McAliley for all further proceedings. Motions referred to Chris M. McAliley. Signed by Magistrate Judge William C. Turnoff on 4/1/2014. (tpe)
April 1, 2014 Filing 296 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2013-63 to Magistrate Judge William C. Turnoff. Magistrate Judge John J. O'Sullivan no longer assigned to case. (vp)
March 18, 2014 Opinion or Order Filing 295 ORDER on Discovery Issues. Signed by Magistrate Judge John J. O'Sullivan on 3/18/2014. (tro)
March 17, 2014 Filing 294 NOTICE by Sandals Resorts International, Ltd. re #289 Notice of Hearing by Attorney CANCELLATION OF HEARING (Attachments: #1 Text of Proposed Order)(Safra, Steven)
March 17, 2014 Filing 293 Clerks Notice to Filer re #291 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [DE 292] Notice of Mediation Hearing. It is not necessary to refile this document. (ar2)
March 17, 2014 Filing 292 Notice of Mediation Hearing. Mediation Hearing set for 4/30/2014 9:00 AM and Mediation Hearing set for 5/1/2014 9:00 AM. (See DE #291 for image). (ar2)
March 17, 2014 Filing 291 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr of Mediation (Brais, Keith)
March 17, 2014 Filing 290 NOTICE of Mediator Selection: Ron Shapiro selected.(Brais, Keith)
March 13, 2014 Filing 289 NOTICE of Hearing by ATTORNEY: Status Conference Re: Discovery Matters set for 3/18/2014 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B)(Scott, Thomas)
March 4, 2014 Filing 288 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/18/2014 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: #1 Exhibit)(Scott, Thomas)
February 28, 2014 Filing 287 ANSWER and Affirmative Defenses to Amended Complaint by Pentair Water Pool and SPA, Inc.. (Vitale, Michael)
February 24, 2014 Filing 286 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by A.O. Smith Corporation. (Hermann, Richard)
February 20, 2014 Filing 285 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by SCP Distributors, LLC. (Dahl, Patrick)
February 20, 2014 Filing 284 ANSWER and Affirmative Defenses to Amended Complaint to Third Amended Complaint by Hayward Industries, Inc.. (Ferreyra, Edgardo)
February 20, 2014 Filing 283 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand To Third Amended Complaint by Unique Vacations,Inc. (Newman, David)
February 20, 2014 Filing 282 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand To Third Amended Complaint by Hospitality Purveyors, Inc.. (Newman, David)
February 19, 2014 Filing 281 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand (Third Amended Complaint) by Sandals Resorts International, Ltd.. (Scott, Thomas)
February 13, 2014 Opinion or Order Filing 280 ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 2/13/2014. (tro)
February 5, 2014 Filing 279 Third AMENDED COMPLAINT and Jury Demand against A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc filed in response to Order Granting Motion for Leave, filed by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr.(lk)
February 5, 2014 Opinion or Order Filing 278 ORDER granting #273 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/5/2014. (ar2)
February 5, 2014 Opinion or Order Filing 277 ORDER granting #274 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/5/2014. (ar2)
February 5, 2014 Opinion or Order Filing 276 ORDER granting Plaintiffs' Unopposed Motion to File Third Amended Complaint [DE-268]. The Third Amended Complaint [DE-268-1] is deemed filed. Signed by Judge Patricia A. Seitz on 2/5/2014. (ai00)
February 4, 2014 Filing 275 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 2/4/2014. (Digital 14:27:04 -15:09:01.) (mdc)
February 4, 2014 Filing 274 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ernest Vincent Goodwin. Filing Fee $ 75.00. Receipt # 73219. (ksa)
February 3, 2014 Filing 273 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Francis Manchisi. Filing Fee $ 75.00. Receipt # 73220. (ksa)
February 3, 2014 Filing 272 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/4/2014 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Brais, Keith)
February 3, 2014 Filing 271 TRANSCRIPT of Discovery Hearing held on 10/3/2013 before Magistrate Judge John J. O'Sullivan, 1-92 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2014. Redacted Transcript Deadline set for 3/10/2014. Release of Transcript Restriction set for 5/8/2014. (Attachments: #1 Designation Access Form)(amb)
January 31, 2014 Filing 270 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/4/2014 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Brais, Keith)
January 31, 2014 Filing 269 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr re #268 Unopposed MOTION to Amend/Correct 3rd Amended Complaint & Exhibits (Attachments: #1 Exhibit A - Order of Transfer of Custody, #2 Exhibit B - Judgment of Equitable Adoption, #3 Exhibit C - Chart of Suction Entrapment History)(Brais, Keith)
January 30, 2014 Filing 268 Unopposed MOTION to Amend/Correct by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Responses due by 2/18/2014 (Attachments: #1 Exhibit Proposed Thrid Amended Complaint)(Rusak, Richard)
January 16, 2014 Opinion or Order Filing 267 ORDER granting #266 Motion for Extension of Time. Signed by Magistrate Judge John J. O'Sullivan on 1/16/2014. (tro)
January 15, 2014 Filing 266 Unopposed MOTION for Extension of Time to produce documents in response to court's order re #246 Order by Sandals Resorts International, Ltd.. Responses due by 2/3/2014 (Attachments: #1 Text of Proposed Order)(Safra, Steven)
January 13, 2014 Filing 265 REPLY to Response to Motion re #235 OBJECTION of Magistrate Judge #221 Order to District Court filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(Rusak, Richard)
January 3, 2014 Filing 264 RESPONSE in Opposition re #235 OBJECTION of Magistrate Judge #221 Order to District Court filed by Sandals Resorts International, Ltd.. (Scott, Thomas)
January 3, 2014 Filing 263 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand (Second Amended Complaint) by Sandals Resorts International, Ltd.. (Scott, Thomas)
January 2, 2014 Opinion or Order Filing 262 ORDER denying as moot Defendant SRI's Motion for Extension of Time to Respond to Second Amended Complaint [DE-252]. Signed by Judge Patricia A. Seitz on 1/2/2014. (cm)
January 2, 2014 Opinion or Order Filing 261 ORDER granting Defendant SRI's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Objections to Magistrate Judge's Discovery Order [DE-257]. Defendant SRI shall file its response to Plaintiffs' Objections [DE-235] on or before January 3, 2014. Signed by Judge Patricia A. Seitz on 1/2/2014. (cm)
January 2, 2014 Opinion or Order Filing 260 ORDER granting Sandals Resorts International, Ltd.'s Unopposed Amended Motion for Extension of Time to Respond to Second Amended Complaint [DE-256]. Defendant SRI shall file a response to the Second Amended Complaint on or before January 4, 2014. Signed by Judge Patricia A. Seitz on 1/2/2014. (cm)
January 2, 2014 Opinion or Order Filing 259 ORDER granting nunc pro tunc Hayward Industries Inc.'s Motion for Extension of Time to Respond to Second Amended Complaint [DE-251]. Signed by Judge Patricia A. Seitz on 1/2/2014. (cm)
January 2, 2014 Filing 258 ANSWER and Affirmative Defenses to Amended Complaint by Hayward Industries, Inc.. (Ferreyra, Edgardo)
December 30, 2013 Filing 257 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Objections to Magistrate Judge's Order [DE 235] by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order)(Safra, Steven)
December 28, 2013 Filing 256 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re #231 Amended Complaint, by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order)(Safra, Steven)
December 27, 2013 Filing 255 ANSWER and Affirmative Defenses to Amended Complaint by Pentair Water Pool and SPA, Inc.. (Etscorn, James)
December 27, 2013 Filing 254 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Unique Vacations,Inc. (Newman, David)
December 27, 2013 Filing 253 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Hospitality Purveyors, Inc.. (Newman, David)
December 26, 2013 Filing 252 Agreed MOTION for Extension of Time to File Response/Reply as to #231 Amended Complaint, by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order)(Safra, Steven)
December 26, 2013 Filing 251 Agreed MOTION for Extension of Time to File Answer RE: Complaints re #231 Amended Complaint, by Hayward Industries, Inc.. (Attachments: #1 Text of Proposed Order Order on Motion for Extension of Time)(Ferreyra, Edgardo)
December 24, 2013 Filing 250 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by SCP Distributors, LLC. (Dahl, Patrick)
December 23, 2013 Filing 249 A.O. Smith's ANSWER to Amended Complaint with Jury Demand by A.O. Smith Corporation. (Hermann, Richard)
December 23, 2013 Filing 248 TRANSCRIPT of Discovery Hearing held on 12/17/13 before Magistrate Judge John J. O'Sullivan, 1-40 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014. (Attachments: #1 Designation Access Form)(hh)
December 18, 2013 Filing 247 STIPULATION of Dismissal with Prejudice as to Defendant Sta-Rite Industries, LLC Only by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Brais, Keith)
December 18, 2013 Opinion or Order Filing 246 ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 12/18/2013. (tro)
December 17, 2013 Filing 245 PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 12/17/2013. All counsel of record present. Court orders counsel to produce records. (Digital 15:58:09.) (jcy)
December 17, 2013 Opinion or Order Filing 244 ORDER on discovery issue relating to the request to compel A.O. Smith Corp.'s Production of Documents. Signed by Magistrate Judge John J. O'Sullivan on 12/17/2013. (tro)
December 16, 2013 Filing 243 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr of Filing Judgment of Petitioner's Equitable Adoption of Landon Cleaveland (Brais, Keith)
December 13, 2013 Filing 242 NOTICE of Filing Discovery: Amended Responses Of Unique Vacations, Inc. To Plaintiffs' Second Set of Interrogatories by Unique Vacations,Inc.(Newman, David)
December 13, 2013 Filing 241 NOTICE of Filing Discovery: Amended Responses Of Unique Vacations, Inc. To Plaintiffs' Second Request For Admissions by Unique Vacations,Inc.(Newman, David)
December 13, 2013 Filing 240 NOTICE of Filing Discovery: Amended Responses Of Defendant Unique Vacations, Inc. To Plaintiffs' Second Request For Production by Unique Vacations,Inc.(Newman, David)
December 12, 2013 Filing 239 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/17/2013 03:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Brais, Keith)
December 12, 2013 Filing 238 NOTICE of Filing Discovery: Amended Responses Of Defendant Hospitality Purveyors, Inc. To Plaintiffs' Second Request For Production by Hospitality Purveyors, Inc..(Newman, David)
December 12, 2013 Filing 237 NOTICE of Filing Discovery: Amended Responses Of Hospitality Purveyors, Inc. To Plaintiffs' Second Request For Admissions by Hospitality Purveyors, Inc..(Newman, David)
December 12, 2013 Filing 236 NOTICE of Filing Discovery: Amended Responses Of Defendant Hospitality Purveyors, Inc. To Plaintiffs' Second Set Of Interrogatories by Hospitality Purveyors, Inc..(Newman, David)
December 11, 2013 Filing 235 OBJECTION of Magistrate Judge #221 Order to District Court (Attachments: #1 Exhibit "A" - Depo. Transcript of D. Martin, #2 Exhibit "B" - 1st D. Singh Affidavit, #3 Exhibit "C" - 2nd D. Singh Affidavit, #4 Exhibit "D" - C. Roberts Witness Statement, #5 Exhibit "E" - N. Cleaveland Witness Statement, #6 Exhibit "F" - Transcript of Discovery Hearing, #7 Exhibit "G" - 3rd D. Singh Affidavit)(Rusak, Richard)
December 11, 2013 Filing 234 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/17/2013 03:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Brais, Keith)
December 11, 2013 Filing 233 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/17/2013 03:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Brais, Keith)
December 11, 2013 Opinion or Order Filing 232 ORDER Scheduling Mediation before Rodney A. Max, Esq. Mediation Hearing set for 4/29/2014 at 9:00 AM and 4/30/2014 at 9:00 AM. Signed by Judge Patricia A. Seitz on 12/11/2013. (ar2)
December 11, 2013 Filing 231 SECOND AMENDED COMPLAINT & Jury Demand against A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., and Unique Vacations, Inc. filed in response to #230 Order on Motion for Leave to Amend filed by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, and John Van Hoy, Sr.(ar2)
December 11, 2013 Opinion or Order Filing 230 ORDER granting #225 Unopposed Motion for Leave to Amend and Requiring Stipulation of Dismissal. Plaintiff shall file a stipulation of dismissal as to Defendant Sta-Rite Industries on or before December 18, 2013. Signed by Judge Patricia A. Seitz on 12/11/2013. (ar2)
December 11, 2013 Filing 229 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/17/2013 03:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: #1 Exhibit A)(Scott, Thomas)
December 10, 2013 Filing 228 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr of Selecting Mediator and Re-Scheduling Mediation Conference (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Brais, Keith)
December 6, 2013 Opinion or Order Filing 227 ORDER Denying In Part Defendants' Choice-Of-Law Motions and Applying Florida Law: denying #173 Motion to Determine Choice of Law; granting #175 Motion to Adopt/Join; granting #176 Motion to Adopt/Join; denying #179 Motion to Determine Choice of Law. Signed by Judge Patricia A. Seitz on 12/6/2013. (wc)
December 6, 2013 Filing 226 NOTICE of Settlement with Sta-Rite Industries, LLC by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr (Rusak, Richard)
December 5, 2013 Filing 225 Unopposed MOTION to Amend/Correct Complaint by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Responses due by 12/23/2013 (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Rusak, Richard)
December 5, 2013 Filing 224 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr of Service of Non Party Subpoena Duces Tecum Without Deposition (Attachments: #1 Exhibit AMENDED Schedule A)(Brais, Keith)
December 4, 2013 Filing 223 TRANSCRIPT of Hearing on Sandals Resorts International, LTD. Work Product Privilege Log-Witness Statements held on 11/26/2013 before Magistrate Judge John J. O'Sullivan, 1-46 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2013. Redacted Transcript Deadline set for 1/9/2014. Release of Transcript Restriction set for 3/7/2014. (Attachments: #1 Designation Access Form)(amb)
November 27, 2013 Opinion or Order Filing 221 ORDER on informal discovery conference. Signed by Magistrate Judge John J. O'Sullivan on 11/27/2013. (mkr)
November 26, 2013 Filing 222 PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 11/26/2013 (3:00 P.M. - 3:55 P.M.). APPEARANCES: KEITH BRAIS, ESQ. for the Plaintiffs; THOMAS E. SCOTT, JR., ESQ. for Defendant Sandals Resorts; EDGARDO FERREYRA, JR., ESQ. for Defendant Hayward Industries; PATRICK DAHL, ESQ. for Defendant SCP Distributors; THE FOLLOWING ATTORNEYS APPEARED VIA TELECON: RICHARD HERMAN, ESQ. for Defendant A.O. Smith Corp.; JIM ETSCORN, ESQ. for Defendants Pentair and Stay-Rite; DAVID NEWMAN, ESQ. for Defendants Unique Vacations and Hospitality Purveyors, Inc.; Hearing held (Digital 15:06:04.) (sl)
November 26, 2013 Filing 220 AFFIDAVIT signed by : Isabel R. Marino. by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Attachments: #1 Exhibit A, #2 Exhibit B)(Brais, Keith)
November 25, 2013 Filing 219 NOTICE by Sandals Resorts International, Ltd. of Filing Affidavits in Support of Issues to be Heard on 11/26/13 (Scott, Thomas)
November 21, 2013 Filing 218 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr of Service of Non-Party Subpoena Duces Tecum Without Deposition (Attachments: #1 Exhibit Non-Party Subpoena DT directed to Vac-Alert Industries in Santa Rosa, CA)(Brais, Keith)
November 18, 2013 Opinion or Order Filing 217 ORDER granting Plaintiffs' Unopposed Motion to Extend Mediation Deadline [DE-216]. The Parties shall complete mediation on or before May 16, 2014. Signed by Judge Patricia A. Seitz on 11/18/2013. (cm)
November 14, 2013 Filing 216 Unopposed MOTION for Extension of Time to Mediate by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit "A" - Chart)(Rusak, Richard)
October 31, 2013 Filing 215 NOTICE by Pentair Water Pool and SPA, Inc. of Service of Non-Party Subpoena Duces Tecum Without Deposition (Vitale, Michael)
October 28, 2013 Filing 214 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr re #188 Response in Opposition to Motion, Plaintiffs' Notice of Filing Equitable Adoption Hearing Transcript in Support of Plaintiffs' Choice of Law Memorandum (Attachments: #1 Transcripts Equitable Adoption Hearing)(Brais, Keith)
October 25, 2013 Filing 213 NOTICE by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr re #210 Order (Attachments: #1 Exhibit "A" - Depo. Transcript of Devon Martin, #2 Exhibit "B" - Aug. 8, 2012 Affd. of D. Singh, #3 Exhibit "C" - Oct. 9, 2012 Affd. of D. Singh, #4 Exhibit "D" - Chuck Roberts Statement, #5 Exhibit "D" - Nichole Cleaveland Statement, #6 Exhibit "F" - Excerpts of Wentworth "Chuck" Roberts Depo)(Rusak, Richard)
October 25, 2013 Filing 212 BRIEF in Support of Work Product Privilege Over Post-Incident Statements Pursuant to #210 Order by Sandals Resorts International, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B)(Scott, Thomas) Modified text on 10/28/2013 (ar2).
October 17, 2013 Opinion or Order Filing 211 ORDER on Informal Discovery Hearings held on 10/3/13 and 10/10/13. Signed by Magistrate Judge John J. O'Sullivan on 10/17/2013. (tro)
October 10, 2013 Opinion or Order Filing 210 ORDER following informal discovery conference. Signed by Magistrate Judge John J. O'Sullivan on 10/10/2013. (tro)
October 10, 2013 Filing 209 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 10/10/2013. (Digital 14:02:38) (cg1)
October 9, 2013 Filing 208 NOTICE by Sandals Resorts International, Ltd. of Filing Affidavit of Dimitri Singh (Attachments: #1 Affidavit Singh Affidavit)(Scott, Thomas)
October 7, 2013 Filing 207 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/10/2013 02:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Rusak, Richard)
October 3, 2013 Filing 206 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 10/3/2013. (Digital 14:37:50) (cg1)
October 3, 2013 Opinion or Order Filing 205 ORDER regarding informal discovery conference. Signed by Magistrate Judge John J. O'Sullivan on 10/3/2013. (tro)
September 25, 2013 Filing 204 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/3/2013 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Rusak, Richard)
August 28, 2013 Filing 203 NOTICE by Pentair Water Pool and SPA, Inc. of Service of Non-Party Subpoenas Duces Tecum Without Deposition (Attachments: #1 Exhibit Non-Party Subpoena DT directed to Ford Motor Company Kansas City Assembly Plant-Claycomo, #2 Exhibit Non-Party Subpoena DT directed to CC Cutting Edge Lawn Care)(Vitale, Michael)
August 20, 2013 Opinion or Order Filing 202 ORDER striking #201 Motion for Extension of Time. Signed by Magistrate Judge John J. O'Sullivan on 8/20/2013. (tro)
August 15, 2013 Filing 201 MOTION for Extension of Time to Challange Discovery Responses by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Responses due by 9/3/2013 (Attachments: #1 Text of Proposed Order Granting Motion)(Rusak, Richard)
August 2, 2013 Opinion or Order Filing 200 ORDER granting #199 Motion for Court Reporter Commission of Julio Mocega. Signed by Magistrate Judge John J. O'Sullivan on 8/2/2013. (mkr)
August 2, 2013 Filing 199 Unopposed MOTION for Commission of Julio Mocega to act as the Court reporter for depositions by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Attorney Keith Steven Brais added to party John Van Hoy, Sr(pty:pla), Attorney Keith Steven Brais added to party Karen Von Aswege(pty:pla). (Attachments: #1 Text of Proposed Order Granting Motion)(Brais, Keith)
July 9, 2013 Opinion or Order Filing 198 ORDER Scheduling Mediation before Rodney A. Max, Esq. Mediation Hearing set for 1/22/2014 at 10:00 AM and 1/23/2014 at 10:00 AM. Signed by Judge Patricia A. Seitz on 7/9/2013. (ar2)
July 8, 2013 Filing 197 Notice of Mediation Hearing filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Mediation Hearing set for 1/22/2014 10:00 AM (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Rusak, Richard)
June 27, 2013 Opinion or Order Filing 196 ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 6/27/2013. (tro)
June 27, 2013 Filing 195 Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 6/27/2013. (Digital 14:01:42/BU 14:00:11.) (cg1)
June 13, 2013 Filing 194 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/27/2013 02:00 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Scott, Thomas)
June 7, 2013 Filing 193 REPLY to Response to Motion re #179 MOTION to Determine Choice of Law and Memo in Support filed by Sandals Resorts International, Ltd.. (Scott, Thomas)
June 7, 2013 Filing 192 RESPONSE/REPLY to #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support Reply Memorandum in Support of by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Vitale, Michael)
May 24, 2013 Opinion or Order Filing 191 ORDER granting Defendants Sandals Resort International, Inc., Pentair Water Pool and Spa, Inc., and Sta-Rite Industries, LLC's Unopposed Motion for Extension of Time [DE-189]. Defendants shall file their replies to Plaintiffs' omnibus Response [DE-188] on or before June 10, 2013. Signed by Judge Kathleen M. Williams for Judge Patricia A. Seitz on 5/24/2013. (cm)
May 24, 2013 Filing 190 NOTICE of Mediator Selection: Rodney A. Max selected.(Vitale, Michael)
May 24, 2013 Filing 189 Unopposed MOTION for Extension of Time to File Response/Reply as to #188 Response in Opposition to Motion, by Pentair Water Pool and SPA, Inc., Sandals Resorts International, Ltd., Sta-Rite Industries, LLC. (Attachments: #1 Text of Proposed Order)(Safra, Steven)
May 20, 2013 Filing 188 RESPONSE in Opposition re #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support , #179 MOTION to Determine Choice of Law and Memo in Support filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit "A" - Missouri Secretary of State Printouts, #2 Exhibit "B" - Production from HH Advertising)(Rusak, Richard)
May 13, 2013 Opinion or Order Filing 187 CORRECTED ORDER OF REFERRAL to Magistrate Judge John J. O'Sullivan for all Discovery and all Motions for Attorney's Fees, Costs and Sanctions. Magistrate Judge Andrea M. Simonton no longer assigned as referral judge in case. Signed by Judge Patricia A. Seitz on 5/13/2013. (ar2)
May 10, 2013 Opinion or Order Filing 186 ORDER granting Plaintiffs' Motion for Enlargement of Time to File an Omnibus Response [DE-182]. Plaintiffs shall file an omnibus response to the pending motions to determine choice of law [DE 173, 179] on or before May 20, 2013. Signed by Judge Patricia A. Seitz on 5/10/2013. (cm)
May 10, 2013 Filing 185 Clerks Notice to Filer re #182 MOTION for Extension of Time to File Response/Reply as to #174 Notice (Other), #179 MOTION to Determine Choice of Law and Memo in Support . Document Not Linked Correctly; ERROR - The filed document was not linked correctly to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ral)
May 10, 2013 Opinion or Order Filing 184 ORDER OF REFERRAL to Mediation. Mediation Deadline 3/3/2014. Signed by Judge Patricia A. Seitz on 5/9/2013. (asl)
May 10, 2013 Opinion or Order Filing 183 ORDER Setting Trial Date, Pretrial Deadlines and Referral to Magistrate ( Pretrial Conference set for 10/20/2014 09:00 AM before Judge Patricia A. Seitz., Jury Trial set for 11/17/2014 before Judge Patricia A. Seitz., Calendar Call set for 11/12/2014 01:15 PM before Judge Patricia A. Seitz., Expert Discovery due by 8/1/2014., Fact Discovery due by 6/16/2014., In Limine Motions due by 10/10/2014., Dispositive Motions due by 6/23/2014., Pretrial Stipulation due by 10/10/2014.), ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton for discovery Signed by Judge Patricia A. Seitz on 5/9/2013. (asl)
May 9, 2013 Filing 182 MOTION for Extension of Time to File Response/Reply as to #173 MOTION to Determine Choice of Law and Memo in Support, #179 MOTION to Determine Choice of Law and Memo in Support by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Text of Proposed Order Granting Motion)(Rusak, Richard) Modified on 5/10/2013 by removing linkage to DE# 174 (Notice) and adding linkage to DE# 173 (Motion) (ral).
April 26, 2013 Filing 181 Clerks Notice to Filer re #178 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#180]. It is not necessary to refile this document. (tp)
April 25, 2013 Filing 180 Notice of Joinder by A.O. Smith Corporation Related document: #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support filed by Sta-Rite Industries, LLC, Pentair Water Pool and SPA, Inc. See DE #178 for image (tp)
April 25, 2013 Filing 179 MOTION to Determine Choice of Law and Memo in Support by Sandals Resorts International, Ltd.. (Scott, Thomas)
April 25, 2013 Filing 178 NOTICE by A.O. Smith Corporation Notice of Joinder of Defendant Hayward Industries, Inc., Pentair and Sta-Rite's Motion to Determine Choice of Law (Hermann, Richard)
April 25, 2013 Filing 177 CONSENT to Jurisdiction by US Magistrate Judge by A.O. Smith Corporation, Nichole Cleaveland, Hayward Industries, Inc., Hospitality Purveyors, Inc., Myrna Morris, Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc, John Van Hoy, Sr, Karen Von Aswege (Rusak, Richard)
April 24, 2013 Filing 176 MOTION to Adopt/Join #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support by SCP Distributors, LLC. (Dahl, Patrick)
April 24, 2013 Filing 175 MOTION to Adopt/Join #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Attachments: #1 Affidavit Declaration of Francis Taveras)(Newman, David)
April 23, 2013 Filing 174 NOTICE by Hayward Industries, Inc. re #173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support (NOTICE OF JOINDER) (Strasius, Anthony)
April 23, 2013 Filing 173 MOTION to Determine Choice of Law and Incorporated Memorandum of Law in Support by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Vitale, Michael)
April 22, 2013 Opinion or Order Filing 172 ORDER Requiring Magistrate Judge Jurisdiction Election Form on before April 26, 2013. Signed by Judge Patricia A. Seitz on 4/22/2013. (ra)
April 17, 2013 Filing 171 JOINT SCHEDULING REPORT - Rule 26(f) by A.O. Smith Corporation, Nichole Cleaveland, Hayward Industries, Inc., Hospitality Purveyors, Inc., Myrna Morris, Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc, John Van Hoy, Sr, Karen Von Aswege (Rusak, Richard) Modified text on 4/18/2013 (tp).
April 17, 2013 Opinion or Order Filing 170 ORDER granting Plaintiffs' Unopposed Motion for Two-Day Enlargement of Time to File Amended Joint Scheduling Report [DE-167]. The Parties shall file a Joint Scheduling Report on or before April 17, 2013. Signed by Judge Kathleen M. Williams for Judge Patricia A. Seitz on 4/17/2013. (cm)
April 16, 2013 Filing 169 AMENDED ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Sandals Resorts International, Ltd..(Safra, Steven)
April 16, 2013 Filing 168 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Sandals Resorts International, Ltd..(Safra, Steven)
April 15, 2013 Filing 167 Unopposed MOTION for Extension of Time to File Amended Joint Scheduling Report re #158 Order on Motion to Dismiss,,,,,,,,, by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Responses due by 5/2/2013 (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to File Amended Joint Scheduling Report)(Rusak, Richard)
April 8, 2013 Filing 166 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by SCP Distributors, LLC.(Dahl, Patrick)
April 8, 2013 Filing 165 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Sandals Resorts International, Ltd..(Safra, Steven)
April 8, 2013 Filing 164 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by A.O. Smith Corporation.(Hermann, Richard)
April 8, 2013 Filing 163 ANSWER and Affirmative Defenses to Amended Complaint by Hayward Industries, Inc..(Strasius, Anthony)
April 8, 2013 Filing 162 ANSWER and Affirmative Defenses to Amended Complaint by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC.(Vitale, Michael)
April 8, 2013 Filing 161 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Hospitality Purveyors, Inc..(Newman, David)
April 8, 2013 Filing 160 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Unique Vacations,Inc.(Newman, David)
March 25, 2013 Filing 159 NOTICE of Attorney Appearance by Robert L. Parks on behalf of Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Parks, Robert)
March 22, 2013 Opinion or Order Filing 158 ORDER denying #52 Motion to Dismiss; granting in part and denying in part #53 Motion to Dismiss; denying #54 Motion to Dismiss; granting in part and denying in part #56 Motion to Dismiss; denying #57 Motion to Dismiss -Joint Scheduling Report due by 4/15/2013 Signed by Judge Patricia A. Seitz on 5/22/13. (tp)
February 25, 2013 Filing 157 Third Notice of Supplemental Authority re #132 Response in Opposition to Motion, by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Attachments: #1 Exhibit "A" - Marks v. Kerzner International Bahamas Limited)(Rusak, Richard) Modified text on 2/26/2013 (tp).
January 3, 2013 Opinion or Order Filing 156 ORDER OF RECUSAL. Magistrate Judge Ted E. Bandstra recused. Case reassigned to Magistrate Judge John J. O'Sullivan for all further proceedings. Signed by Magistrate Judge Ted E. Bandstra on 12/24/2012. (tpe)
December 18, 2012 Opinion or Order Filing 155 ORDER OF RECUSAL. Magistrate Judge Andrea M. Simonton recused. Case reassigned to Magistrate Judge Ted E. Bandstra for all further proceedings. Signed by Magistrate Judge Andrea M. Simonton on 12/18/2012. (tpe)
November 16, 2012 Filing 154 MEDIATION REPORT by Robert A. Dulberg. Disposition: Case did not settle.(Salmon, John)
October 31, 2012 Filing 153 Notice of Mediation Hearing before Mediator, Gerald Hubbart filed by Gerald Hubbart. Mediation Hearing set for 11/5/2012 01:00 PM (Salmon, John)
October 19, 2012 Filing 152 Notice of Supplemental Authority re #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC (Attachments: #1 Supplement Giglio v. Carnival)(Etscorn, James)
October 18, 2012 Filing 151 Notice of Supplemental Authority re #132 Response in Opposition to Motion,,,,,,,,,, by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Attachments: #1 Exhibit "A" - Order Denying FNC Motion (Black v. Kerzner Intl. Holding Ltd., Case No. 12-60301-CIV-DIMITROULEAS/SNOW))(Rusak, Richard)
September 26, 2012 Filing 150 Notice of Supplemental Authority re #132 Response in Opposition to Motion,,,,,,,,,, by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege (Attachments: #1 Exhibit "A" - Order Denying Motion to Dismiss Under the Doctrine of Forum Non Conveniens in Klyszcz v. Cloward H2O LLC)(Rusak, Richard)
September 19, 2012 Filing 149 REPLY to Response to Motion re #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law filed by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Attachments: #1 Exhibit A - Supplemental Declaration of Fred Smith, #2 Exhibit B)(Vitale, Michael)
September 18, 2012 Filing 148 NOTICE OF CONVENTIONAL FILING of DVD Re: #147 Order on Motion for Leave to File DVD Conventionally by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (ar2)
September 17, 2012 Opinion or Order Filing 147 ORDER granting #133 Motion for Leave to File DVD Conventionally. Signed by Judge Patricia A. Seitz on 9/17/2012. (See Order for details). (ar2)
September 14, 2012 Opinion or Order Filing 146 ORDER granting #136 Unopposed Motion for Extension of Time. Defendants shall file a Reply to DE #132 Response to Motion to Dismiss on or before September 19, 2012. Signed by Judge Kathleen M. Williams on 9/14/2012. Modified text on 9/17/2012 (ar2).
September 13, 2012 Filing 145 RESPONSE/REPLY to #132 Response in Opposition to Motion,,,,,,,,,, Defendant, Hayward Industries, Inc.'s Reply to Plaintiff's Response in Opposition to Motions to Dismiss by Hayward Industries, Inc.. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Strasius, Anthony)
September 13, 2012 Opinion or Order Filing 144 ORDER on Discovery Conferences. Signed by Magistrate Judge Andrea M. Simonton on 9/13/2012. (mmn)
September 13, 2012 Filing 143 RESPONSE/REPLY to #132 Response in Opposition to Motion,,,,,,,,,, : A.O. Smith's reply in support of its motion to dismiss amended complaint for forum non conveniens with incorporated memorandum of law by A.O. Smith Corporation. (Hermann, Richard)
September 13, 2012 Filing 142 RESPONSE/REPLY to #132 Response in Opposition to Motion,,,,,,,,,, TO DISMISS UNDER THE DOCTRINE OF FORUM NON CONVENIENS by Sandals Resorts International, Ltd.. (Scott, Thomas)
September 13, 2012 Filing 141 REPLY to Response to Motion re #56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens filed by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Newman, David)
September 12, 2012 Filing 140 REPLY to Response to Motion re #133 MOTION for Leave to File DVD Conventionally filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
September 12, 2012 Opinion or Order Filing 139 ORDER denying #134 Motion for Leave to File Reply in Excess of Page Limitation Signed by Judge Patricia A. Seitz on 9/12/2012. (ra)
September 12, 2012 Filing 138 NOTICE by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege re #136 MOTION for Extension of Time to File Response/Reply as to #132 Response in Opposition to Motion,,,,,,,,,, of Non-Objection (Rusak, Richard)
September 12, 2012 Filing 137 RESPONSE in Opposition re #133 MOTION for Leave to File DVD Conventionally filed by Sandals Resorts International, Ltd.. (Safra, Steven)
September 11, 2012 Filing 136 MOTION for Extension of Time to File Response/Reply as to #132 Response in Opposition to Motion,,,,,,,,,, by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Attachments: #1 Exhibit Proposed Order)(Vitale, Michael)
September 11, 2012 Filing 135 RESPONSE in Opposition re #134 MOTION for Leave to File Reply to Plaintiff's Response in Opposition to Motion to Dismiss in Excess of Ten (10) Pages filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
September 11, 2012 Filing 134 MOTION for Leave to File Reply to Plaintiff's Response in Opposition to Motion to Dismiss in Excess of Ten (10) Pages by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order Proposed Order)(Safra, Steven)
September 11, 2012 Filing 133 MOTION for Leave to File DVD Conventionally by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
September 4, 2012 Filing 132 RESPONSE in Opposition re #57 Defendant's MOTION to Dismiss #37 Amended Complaint, and Incorporated Memorandum of Law, #56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens, #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law, #53 MOTION to Dismiss #37 Amended Complaint, for Forum Non Conveniens, #54 MOTION to Dismiss #37 Amended Complaint, filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit "A" - May 19, 2005 CPSC Publication, #2 Exhibit "B" - Mar. 2005 CPSC Publication, #3 Exhibit "C" - MO Judgment (Adoption), #4 Exhibit "D" - Decl. of M. Scott, #5 Exhibit "E" - Compl. SRI v. B&A, #6 Exhibit "F" - Aug. 9, 2012 Hearing Transcript, #7 Exhibit "G" - Affd. E. Fray, #8 Exhibit "H" - Article "Sandals CEO Extends Luxury Hospitality", #9 Exhibit "I" - Photo of Sandals Billboard in Miami, #10 Exhibit "J" - HH Advert. Subpoena Response, #11 Exhibit "K" - 2006 Ultra Convention, #12 Exhibit "L" - Google, Bing & Yahoo Listings, #13 Exhibit "M" - Photo of Unique Vacations' Building w Sandals Sign, #14 Exhibit "N" - Miami-Dade Property Appraiser's Office Listing, #15 Exhibit "O" - Affd. of T. Nethersole, Release and Check Recept, #16 Exhibit "P" - Press Release, #17 Exhibit "Q" - Depo. of K. Foremming, #18 Exhibit "R" - Unique Vacations Corp. Detail, #19 Exhibit "S" - BOA Online Banking Details, #20 Exhibit "T" - Cont. Depo. of E. Fray, #21 Exhibit "U" - Sandals' Interrogatory Responses, #22 Exhibit "V" - Jamaican Gleaner Article, #23 Exhibit "W" - Depo. of E. Fray, #24 Exhibit "X" - Corp. Details of Hayward, A.O. Smith, Pentair and Sta-Rite, #25 Exhibit "Y" - Plaintiffs' Updated Interrogatory Responses, #26 Exhibit "Z" - P. Irvin Ltr to Sandals & Sandals' Reply, #27 Exhibit "AA" - Sandals Better Answers to Interrogatories, #28 Exhibit "BB" - Miami-Dade Coroner's Toxicology Rept., #29 Exhibit "CC" - Pathology Rept., #30 Exhibit "DD" - Photos of Hot Tub & Pump Assembly, #31 Exhibit "EE" - Photos of Broken Drain Cover, #32 Exhibit "FF" - Cert. of Appreation, #33 Exhibit "GG" - Decs. of Insolvancy)(Rusak, Richard)
August 30, 2012 Opinion or Order Filing 131 ORDER granting #128 Motion for Leave to File Excess Pages; granting #128 Motion for Clarification. Signed by Judge Patricia A. Seitz on 8/30/2012. (See Order for details). (ar2)
August 30, 2012 Reset Deadlines per DE #131 Order as to #52 MOTION to Dismiss #37 Amended Complaint, #54 MOTION to Dismiss #37 Amended Complaint, #53 MOTION to Dismiss #37 Amended Complaint, #57 MOTION to Dismiss #37 Amended Complaint, and #56 MOTION to Dismiss #37 Amended Complaint. Responses due by 9/4/2012. (ar2)
August 30, 2012 Filing 130 TRANSCRIPT of discovery conference held on 8-28-2012 before Magistrate Judge Andrea M. Simonton, Volume Number 1 of 1, 1-16 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2012. Redacted Transcript Deadline set for 10/4/2012. Release of Transcript Restriction set for 12/3/2012. (dwh)
August 30, 2012 Filing 129 TRANSCRIPT of discovery conference hearing held on 8-23-2012 before Magistrate Judge Andrea M. Simonton, Volume Number 1 of 1, 1-78 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov. (Digital 15:33:24.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2012. Redacted Transcript Deadline set for 10/4/2012. Release of Transcript Restriction set for 12/3/2012. (dwh)
August 30, 2012 Filing 128 Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Response to Defendants' Motions to Dismiss based on forum non convenies, Unopposed MOTION for clarification #96 Order on Motion to Stay,, Order on Motion for Hearing, Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Extension of Time to Complete Discovery,,,,,,, ( Responses due by 9/17/2012) by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Text of Proposed Order on Unopposed Motion to Exceed Page Limit & Unopposed Motion for Clarification)(Rusak, Richard)
August 28, 2012 Filing 127 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 8/28/2012. Attorney Keith Brais appeared on behalf of the Plaintiffs. Attorneys Thomas Scott, Anthony Strasius, Patrick Dahl and David DePiano appeared on behalf of the Defendants. Attorneys Michael Vitale and Steven Safra telephonically appeared on behalf of the Defendants. Discovery issues were addressed. (Digital 08:46:l31 - 09:03:56.) (aw)
August 28, 2012 Filing 126 Clerks Notice to Filer re #124 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [DE 125]. It is not necessary to refile this document. (ar2)
August 27, 2012 Filing 125 OBJECTION to #122 Notice of Hearing by Attorney by Sandals Resorts International, Ltd. (See DE #124 for image). (ar2)
August 27, 2012 Filing 124 NOTICE by Sandals Resorts International, Ltd. of Objection to Plaintiffs' Notice of Hearing (Scott, Thomas)
August 27, 2012 Filing 123 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/28/2012 08:30 AM in Miami Division before Magistrate Judge Andrea M. Simonton. (Attachments: #1 Exhibit A - E-mail communications between counsel, #2 Exhibit B - SRI's Notice of Objection to Scope of Hearing Set by Plaintiffs)(Scott, Thomas)
August 27, 2012 Filing 122 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/28/2012 08:30 AM in Miami Division before Magistrate Judge Andrea M. Simonton. (Brais, Keith)
August 24, 2012 Filing 121 NOTICE by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege re #110 Order, #113 MOTION for Extension of Time to file Bahamian Law Declaration re #109 Order on Motion to Compel, #96 Order on Motion to Stay,,,, Order on Motion for Hearing,, Order on Motion for Extension of Time to File Response/Reply,, Order on Motion MOTION for Extension of Time to Complete Discovery on Forum Non Conveniens (Attachments: #1 Affidavit of Michael Scott on Bahamian Law)(Rusak, Richard)
August 23, 2012 Filing 120 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 8/23/2012. Attorneys Keith Brais and Gabrielle D'Alemberte appeared on behalf of the Plaintiffs. Attorneys Thomas Scott, Anthony Strasius, Patrick Dahl, Michael Vitale and David Newman appeared on behalf of the Defendants. Attorneys Steven Safra and Robert Sacks appeared telephonically for the Defendants. Discovery issues were addressed. (A Further Discovery Hearing set for 8/28/2012 08:30 AM in Miami Division before Magistrate Judge Andrea M. Simonton). (Digital 15:33:24 - 17:23:03.) (aw)
August 21, 2012 Filing 119 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/23/2012 03:30 PM in Miami Division before Magistrate Judge Andrea M. Simonton. (Brais, Keith)
August 21, 2012 Filing 118 NOTICE by Unique Vacations,Inc of filing three subpoenas directed to non-party witnesses ID Media, Martha Stewart Living Omnimdeia Inc., HH Advertising (Newman, David)
August 20, 2012 Filing 117 RESPONSE to Motion re #113 MOTION for Extension of Time to file Bahamian Law Declaration re #109 Order on Motion to Compel, #96 Order on Motion to Stay,,,, Order on Motion for Hearing,, Order on Motion for Extension of Time to File Response/Reply,, Order on Motion MOTION for Extension of Time to Complete Discovery on Forum Non Conveniens filed by A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc. Replies due by 8/30/2012. (Vitale, Michael)
August 20, 2012 Filing 116 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/23/2012 03:30 PM in Miami Division before Magistrate Judge Andrea M. Simonton. (Brais, Keith)
August 20, 2012 Filing 115 NOTICE by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege re #114 Notice of Hearing by Attorney of Filing Source Materials for Discovery Hearing (Attachments: #1 Exhibit Deposition Transcript of Edmund Merrick Fray of Sandals Resorts International, Ltd.)(Rusak, Richard)
August 20, 2012 Filing 114 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/21/2012 03:30 PM in Miami Division before Magistrate Judge Andrea M. Simonton. (Rusak, Richard)
August 17, 2012 Filing 113 MOTION for Extension of Time to file Bahamian Law Declaration re #109 Order on Motion to Compel, #96 Order on Motion to Stay,,,, Order on Motion for Hearing,, Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Extension of Time to Complete Discovery,,, ( Responses due by 9/4/2012), MOTION for Extension of Time to Complete Discovery on Forum Non Conveniens by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
August 15, 2012 Filing 112 TRANSCRIPT of Discovery Conference held on 8/9/2012 before Magistrate Judge Andrea M. Simonton, 1-59 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2012. Redacted Transcript Deadline set for 9/20/2012. Release of Transcript Restriction set for 11/16/2012. (Attachments: #1 Designation Access Form)(amb)
August 14, 2012 Filing 111 NOTICE of Compliance with this Court's Discovery Order by Sandals Resorts International, Ltd. re #109 Order on Motion to Compel (Attachments: #1 Exhibit A)(Safra, Steven)
August 14, 2012 Opinion or Order Filing 110 GENERAL ORDER on Discovery Objections and Procedures. Signed by Magistrate Judge Andrea M. Simonton on 8/14/2012. (mmn)
August 13, 2012 Opinion or Order Filing 109 ORDER on Discovery Conference (including granting, in part, #85 Plaintiffs' Motion to Compel Sandals Resorts International Ltd. to Provide Better Responses to Interrogatories). Signed by Magistrate Judge Andrea M. Simonton on 8/13/2012. (mmn)
August 9, 2012 Filing 108 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 8/9/2012. Attorneys Keith Brais, Robert Park and Richard Rusak appeared on behalf of the Plaintiffs. Attorneys Thomas Scott, Anthony Strasius, Patrick Dahl, Michael Vitale, Steven Safra and Richard Hermann. Attorney David Newman telephonically appeared on behalf of the Defendants. Discovery issues addressed. Written order to follow. (Digital 15:12:04 - 16:43:55.) (aw)
August 3, 2012 Filing 107 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/9/2012 03:00 PM in Miami Division before Magistrate Judge Andrea M. Simonton. (Safra, Steven)
August 3, 2012 Filing 106 WITHDRAWAL of Motion re #86 Defendant's MOTION for Protective Order and Objection to Subpoena filed by Sandals Resorts International, Ltd. (Safra, Steven)
July 25, 2012 Filing 105 RESPONSE in Opposition re #85 MOTION to Compel Sandals' to Provide Better Responses to Interrogatories filed by Sandals Resorts International, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Safra, Steven)
July 23, 2012 Filing 104 RESPONSE in Opposition re #86 Defendant's MOTION for Protective Order and Objection to Subpoena filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
July 22, 2012 Opinion or Order Filing 103 ENDORSED ORDER granting #102 Plaintiff's Motion for Extension of Time to File Response re #86 Defendant's MOTION for Protective Order and Objection to Subpoena. The Response is due by 7/23/2012. Signed by Magistrate Judge Andrea M. Simonton on 7/22/2012. (AMS)
July 20, 2012 Filing 102 Unopposed MOTION for Extension of Time to File Response/Reply as to #86 Defendant's MOTION for Protective Order and Objection to Subpoena by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
July 19, 2012 Opinion or Order Filing 101 ENDORSED ORDER granting #100 Defendants' unopposed Motion for Extension of Time to Respond to Plaintiffs' Discovery. Defendants Pentair and Sta-Rite shall have up to and including July 27, 2012, to respond to any pending discovery served by Plaintiffs. Signed by Magistrate Judge Andrea M. Simonton on 7/19/2012. (AMS)
July 19, 2012 Filing 100 Unopposed MOTION for Extension of Time to Complete Discovery by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Attachments: #1 Text of Proposed Order)(Vitale, Michael)
July 18, 2012 Opinion or Order Filing 99 ENDORSED ORDER granting #98 Motion for Extension of Time to File Response re #85 MOTION to Compel Sandals to Provide Better Responses to Interrogatories. Sandals may file its Response on or before July 25, 2012. Signed by Magistrate Judge Andrea M. Simonton on 7/18/2012. (AMS)
July 18, 2012 Filing 98 Agreed MOTION for Extension of Time to File Response/Reply as to #85 MOTION to Compel Sandals' to Provide Better Responses to Interrogatories by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order Agreed Order Granting Sandals' Motion for Extension)(Safra, Steven)
July 16, 2012 Opinion or Order Filing 97 ORDER REFERRING DISCOVERY Matters to Magistrate Judge Andrea Simonton Re: #86 Defendant's MOTION for Protective Order and Objection to Subpoena filed by Sandals Resorts International, Ltd., #85 MOTION to Compel Sandals' to Provide Better Responses to Interrogatories filed by John Van Hoy, Sr., Nichole Cleaveland, Karen Von Aswege, Myrna Morris. Motions referred to Andrea M. Simonton Signed by Judge Patricia A. Seitz on 7/16/2012. (See DE #96 for image). (ar2)
July 16, 2012 Opinion or Order Filing 96 ORDER denying #13 Motion to Stay; denying #41 Motion to Stay; denying #58 Motion to Stay; denying #62 Motion for Hearing; granting #64 Motion for Extension of Time to File Response/Reply; ( Discovery due by 8/24/2012); denying as moot #83 Motion for Extension of Time to Complete Discovery; denying as moot #84 Motion for Extension of Time to Complete Discovery. Signed by Judge Patricia A. Seitz on 7/16/2012. (See Order for Details). (ar2) Modified linkage on 7/18/2012 (wc).
July 9, 2012 Filing 95 Corporate Disclosure Statement by Hayward Industries, Inc. (Ferreyra, Edgardo)
July 9, 2012 Filing 94 Corporate Disclosure Statement by A.O. Smith Corporation (Hermann, Richard)
July 9, 2012 Filing 93 Corporate Disclosure Statement by SCP Distributors, LLC identifying Corporate Parent Pool Corporation for SCP Distributors, LLC (Dahl, Patrick)
July 9, 2012 Filing 92 Corporate Disclosure Statement by Hospitality Purveyors, Inc. identifying Corporate Parent HPI Too Inc. for Hospitality Purveyors, Inc. (Newman, David)
July 9, 2012 Filing 91 Corporate Disclosure Statement by Unique Vacations,Inc identifying Corporate Parent Unique Vacations, Inc. for Unique Vacations,Inc (Newman, David)
July 6, 2012 Filing 90 NOTICE of Filing by Unique Vacations,Inc re #89 Notice of Adoption Exhibit A To Defendant Unique Vacations, Joinder In Motion For Protective Order And Objection To Subpoena By Sandals Resorts International, Ltd (Attachments: #1 Exhibit Exhibit A)(Newman, David) Modified text on 7/9/2012 (asl).
July 6, 2012 Filing 89 Notice of Adoption by Unique Vacations,Inc Related document: #86 Defendant's MOTION for Protective Order and Objection to Subpoena filed by Sandals Resorts International, Ltd. (Newman, David)
July 5, 2012 Filing 88 Corporate Disclosure Statement by Pentair Water Pool and SPA, Inc. identifying Corporate Parent Pentair, Inc. for Pentair Water Pool and SPA, Inc. (Etscorn, James)
July 3, 2012 Filing 87 Corporate Disclosure Statement by Sandals Resorts International, Ltd. identifying Corporate Parent Sandals Resorts International 2000 Limited for Sandals Resorts International, Ltd. (Safra, Steven)
July 3, 2012 Filing 86 Defendant's MOTION for Protective Order and Objection to Subpoena by Sandals Resorts International, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Safra, Steven)
July 2, 2012 Filing 85 MOTION to Compel Sandals' to Provide Better Responses to Interrogatories by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. Responses due by 7/19/2012 (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Rusak, Richard)
June 28, 2012 Filing 84 Second MOTION for Extension of Time to Complete Discovery by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
June 21, 2012 Filing 83 Second MOTION for Extension of Time for parties to respond to outstanding discovery (partially agreed) re #70 Order on Motion for Extension of Time, ( Responses due by 7/9/2012), Agreed MOTION for Hearing re #58 MOTION to Stay Discovery and/or Motion for Protective Order MOTION for Protective Order, #41 Motion to Stay by A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc. (Vitale, Michael) Modified relief on 6/22/2012 (tp).
June 19, 2012 Filing 82 Clerks Notice to Filer re #75 Notice (Other), #76 Notice (Other), #79 Notice (Other), #77 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#80, 81]. It is not necessary to refile this document. (tp)
June 18, 2012 Filing 81 Notice of Joinder by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC Related document: #74 Reply to Response to Motion, filed by Unique Vacations,Inc, Hospitality Purveyors, Inc. See DE #79 for image (tp)
June 18, 2012 Filing 80 Notice of Joinder by A.O. Smith Corporation Related document: #74 Reply to Response to Motion, filed by Unique Vacations,Inc, Hospitality Purveyors, Inc. See DE #77 for image (tp)
June 18, 2012 Filing 79 NOTICE by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC re #74 Reply to Response to Motion, of Joinder in Reply Memorandum (Vitale, Michael)
June 18, 2012 Filing 78 RESPONSE/REPLY to #58 MOTION to Stay Discovery and/or Motion for Protective Order MOTION for Protective Order, #69 Response in Opposition to Motion, by A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Safra, Steven)
June 18, 2012 Filing 77 NOTICE by A.O. Smith Corporation re #74 Reply to Response to Motion, (Notice of Joinder) (Hermann, Richard)
June 15, 2012 Filing 76 NOTICE by SCP Distributors, LLC re #74 Reply to Response to Motion, of Joinder (Dahl, Patrick)
June 15, 2012 Filing 75 NOTICE by Hayward Industries, Inc. re #74 Reply to Response to Motion, (NOTICE OF JOINDER) (Strasius, Anthony)
June 15, 2012 Filing 74 REPLY to Response to Motion re #41 Motion to Stay Reply of Defendants Unique Vacations, Inc and Hospitality Purveyors, Inc In Further Support of Amended Motion Pursuant To Fed. R. Civ. P. 41(d) filed by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Newman, David)
June 15, 2012 Filing 73 REPLY to Response to Motion re #41 Motion to Stay and Costs Pursuant to FED.R.CIV.P.41(D) and Numerous Joinders filed by Sandals Resorts International, Ltd.. (Safra, Steven)
June 14, 2012 Filing 72 NOTICE by Hospitality Purveyors, Inc., Unique Vacations,Inc re #41 Motion to Stay Notice of Filing of Certificate of Good Faith Conference But Unable To Resolve Issues Presented On Defendants Amended Motion Pursuant To Fed. R. Civ. P. 41(d)[D.E.41] (Attachments: #1 Certificate of Good Faith Conference But Unable To Resolve Issues Presented On Defendants Amended Motion Pursuant To Fed. R. Civ. P. 41(d)[D.E.41])(Newman, David)
June 12, 2012 Filing 71 REPLY to Response to Motion re #64 MOTION for Extension of Time to File Response/Reply as to #56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens, #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum MOTION to Set Modified Briefing Schedule for Defendants' Motions to Dismiss Based Upon Forum Non Conveniens in Order to Conduct Forum Non Conveniens Discovery filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
June 11, 2012 Opinion or Order Filing 70 ORDER granting #68 Defendants' Agreed Motion for Extension of Time to Respond to Discovery. Defendants shall have until June 21, 2012, to respond to any pending discovery served by Plaintiffs. Plaintiffs shall have until June 21, 2012, to respond to any pending discovery served by Defendants. Signed by Judge Patricia A. Seitz on 6/8/2012. (ar2)
June 7, 2012 Filing 69 RESPONSE in Opposition re #58 MOTION to Stay Discovery and/or Motion for Protective Order MOTION for Protective Order filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Rusak, Richard)
June 6, 2012 Filing 68 Agreed MOTION for Extension of Time to respond to discovery by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. Responses due by 6/25/2012 (Attachments: #1 Text of Proposed Order)(Etscorn, James)
June 6, 2012 Set Deadlines per 67 Order as to #41 Motion to Stay. Replies due by 6/15/2012. (asl)
June 4, 2012 Opinion or Order Filing 67 ORDER granting #65 Motion for Extension of Time to File Response/Reply. Defendants to file reply brief on or before June 15, 2012. Signed by Judge Patricia A. Seitz on 6/4/2012. (ehn)
June 1, 2012 Filing 66 RESPONSE to Motion re #64 MOTION for Extension of Time to File Response/Reply as to #56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens, #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum MOTION to Set Modified Briefing Schedule for Defendants' Motions to Dismiss Based Upon Forum Non Conveniens in Order to Conduct Forum Non Conveniens Discovery filed by Sandals Resorts International, Ltd.. Replies due by 6/11/2012. (Safra, Steven)
May 31, 2012 Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 Motion to Stay And Costs Pursuant To Rule 41(d)[D.E.13] by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Newman, David)
May 25, 2012 Filing 64 MOTION for Extension of Time to File Response/Reply as to #56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens, #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law, #53 MOTION to Dismiss #37 Amended Complaint, for Forum Non Conveniens, #54 MOTION to Dismiss #37 Amended Complaint, , #57 Defendant's MOTION to Dismiss #37 Amended Complaint, and Incorporated Memorandum of Law , MOTION to Set Modified Briefing Schedule for Defendants' Motions to Dismiss Based Upon Forum Non Conveniens in Order to Conduct Forum Non Conveniens Discovery by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
May 25, 2012 Filing 63 Clerks Notice to Filer re #62 MOTION for Hearing re #40 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Miscellaneous Relief, Order on Motion to Stay, Order on Motion to Dismiss, #61 Response in Opposition to Motion, . Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp)
May 24, 2012 Filing 62 MOTION for Hearing on #41 Motion to Stay and Costs by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard) Modified links on 5/25/2012 (tp).
May 24, 2012 Filing 61 RESPONSE in Opposition re #41 Motion to Stay filed by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (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, #9 Exhibit I, #10 Exhibit J)(Rusak, Richard)
May 24, 2012 Filing 60 SCHEDULING REPORT - Rule 26(f) by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC (Attachments: #1 Election to Jurisdiction for Final Disposition of Motions)(Etscorn, James)
May 22, 2012 Filing 59 Clerks Notice to Filer re #58 MOTION to Stay Discovery and/or Motion for Protective Order MOTION for Protective Order. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp)
May 21, 2012 Filing 58 MOTION to Stay Discovery and/or Motion for Protective Order by A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc. Responses due by 6/7/2012 (Attachments: #1 Text of Proposed Order Order)(Safra, Steven). Added MOTION for Protective Order on 5/22/2012 (tp).
May 16, 2012 Filing 57 Defendant's MOTION to Dismiss #37 Amended Complaint, and Incorporated Memorandum of Law by Hayward Industries, Inc.. Responses due by 6/4/2012 (Strasius, Anthony)
May 16, 2012 Filing 56 MOTION to Dismiss #37 Amended Complaint, For Forum Non Conveniens by Hospitality Purveyors, Inc., Unique Vacations,Inc. Responses due by 6/4/2012 (Newman, David)
May 15, 2012 Filing 55 NOTICE by SCP Distributors, LLC re #52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law, #53 MOTION to Dismiss #37 Amended Complaint, for Forum Non Conveniens, #54 MOTION to Dismiss #37 Amended Complaint, of Joinder in Motions to Dismiss for Forum Non Conveniens (Dahl, Patrick)
May 15, 2012 Filing 54 MOTION to Dismiss #37 Amended Complaint, by A.O. Smith Corporation. Responses due by 6/1/2012 (Attachments: #1 Exhibit A - Codefendant's Responses to Interrogatories)(Hermann, Richard)
May 15, 2012 Filing 53 MOTION to Dismiss #37 Amended Complaint, for Forum Non Conveniens by Sandals Resorts International, Ltd.. Responses due by 6/1/2012 (Attachments: #1 Exhibit A, #2 Exhibit B)(Scott, Thomas)
May 15, 2012 Filing 52 MOTION to Dismiss #37 Amended Complaint, (forum non conveniens) and Incorporated Memorandum of Law by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. Responses due by 6/1/2012 (Attachments: #1 Index to Exhibits, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D)(Etscorn, James)
May 14, 2012 Filing 51 Notice of Adoption by A.O. Smith Corporation Related document: #42 Memorandum, filed by Unique Vacations,Inc, Hospitality Purveyors, Inc., #41 Motion to Stay filed by Unique Vacations,Inc, Hospitality Purveyors, Inc. (Hermann, Richard)
May 9, 2012 Filing 50 NOTICE of Attorney Appearance by Edgardo Ferreyra, Jr on behalf of Hayward Industries, Inc. (Ferreyra, Edgardo)
May 9, 2012 Filing 49 NOTICE by Hayward Industries, Inc. re #41 Motion to Stay (Notice of Joinder in Amended Motion for Stay and Award of Costs) (Strasius, Anthony)
May 9, 2012 Filing 48 Clerks Notice to Filer re #45 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#47]. It is not necessary to refile this document. (tp)
May 9, 2012 Filing 46 Clerks Notice to Filer re #41 Motion to Stay. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (tp)
May 8, 2012 Filing 47 Notice of Joinder by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC Related document: #41 Motion to Stay filed by Unique Vacations,Inc, Hospitality Purveyors, Inc. See DE #45 for image (tp)
May 8, 2012 Filing 45 NOTICE by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC re #41 MOTION to Amend/Correct By Defendants Unique Vacations, Ind And Hospitality Purveyors, Ins. For A Stay And Costs Pursuant To Fed. R. Civ. P. 41(d) of Joinder in Amended Motion for Stay and Award of Costs Pursuant to Fed.R.Civ.P. 41(d) by Unique Vacations, Inc. and Hospitality Purveyors, Inc. (Vitale, Michael)
May 7, 2012 Filing 44 NOTICE by SCP Distributors, LLC re #42 Memorandum, #41 MOTION to Amend/Correct By Defendants Unique Vacations, Ind And Hospitality Purveyors, Ins. For A Stay And Costs Pursuant To Fed. R. Civ. P. 41(d) of Joinder (Dahl, Patrick)
May 7, 2012 Filing 43 NOTICE by Sandals Resorts International, Ltd. re #42 Memorandum, #41 MOTION to Amend/Correct By Defendants Unique Vacations, Ind And Hospitality Purveyors, Ins. For A Stay And Costs Pursuant To Fed. R. Civ. P. 41(d) (Scott, Thomas)
May 7, 2012 Filing 42 MEMORANDUM in Support re #41 MOTION to Amend/Correct By Defendants Unique Vacations, Ind And Hospitality Purveyors, Ins. For A Stay And Costs Pursuant To Fed. R. Civ. P. 41(d) by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Newman, David)
May 7, 2012 Filing 41 AMENDED MOTION for Stay And Costs Pursuant To Fed. R. Civ. P. 41(d) by Hospitality Purveyors, Inc., Unique Vacations,Inc. Responses due by 5/24/2012 (Attachments: #1 Exhibit A to Amended Motion of Deft Unique and Hospitality, #2 Exhibit B to Amended Motion of Deft Unique and Hospitality, #3 Exhibit C to Amended Motion of Deft Unique and Hospitality, #4 Exhibit D to Amended Motion of Deft Unique and Hospitality, #5 Exhibit E to Amended Motion of Deft Unique and Hospitality, #6 Exhibit F to Amended Motion of Deft Unique and Hospitality)(Newman, David) Modified relief on 5/9/2012 (tp).
May 3, 2012 Opinion or Order Filing 40 ORDER denying as moot #35 Motion for Extension of Time to File Response/Reply ; denying as moot #36 Motion for Extension of Time to File Response/Reply ; denying as moot #13 Motion to Stay; denying as moot #15 Motion to Dismiss; denying as moot #16 Motion to Dismiss; denying as moot #19 Motion to Dismiss; denying as moot #22 Motion to Dismiss; and denying as moot #26 Motion to Dismiss. Signed by Judge Patricia A. Seitz on 5/3/2012. (ar2)
May 2, 2012 Filing 39 NOTICE by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege re #37 Amended Complaint, 38 Clerks Notice of Docket Correction and Instruction to Filer - Attorney of Scrivener's Error in the Amended Complaint (Rusak, Richard)
May 2, 2012 Filing 38 Clerks Notice to Filer re #37 Amended Complaint,. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. (tp)
May 1, 2012 Filing 37 AMENDED COMPLAINT against A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc, filed by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr.(Rusak, Richard)
April 30, 2012 Filing 36 MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens, #22 MOTION to Dismiss #1 Complaint,, based on forum non conveniens, #15 MOTION to Dismiss #1 Complaint,, for forum non conveniens and Incorporated Memorandum of Law, #26 MOTION to Dismiss #1 Complaint,, For Forum Non Conveniens, #16 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens , MOTION to Set Modified Briefing Schedule for Defendants' Motion to Dismiss Based Upon Forum Non Conveniens in Order to Conduct Forum Non Conveniens Discovery by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
April 30, 2012 Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d), #14 Memorandum by Nichole Cleaveland, Myrna Morris, John Van Hoy, Sr, Karen Von Aswege. (Rusak, Richard)
April 23, 2012 Opinion or Order Filing 34 Order Requiring Joint Scheduling Report. -Joint Scheduling Report due by 5/21/2012. Signed by Judge Patricia A. Seitz on 4/23/2012. (See Order for Details). (ar2)
April 18, 2012 Filing 33 Clerks Notice to Filer re #28 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#31, 32]. It is not necessary to refile this document. (tp)
April 18, 2012 Filing 30 NOTICE by Hayward Industries, Inc. re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d) (Notice of Joinder) (Strasius, Anthony)
April 17, 2012 Filing 32 NOTICE of Attorney Appearance by David J. DePiano on behalf of A.O. Smith Corporation See DE #29 for image (tp)
April 17, 2012 Filing 31 NOTICE of Attorney Appearance by Richard Philip Hermann, II on behalf of A.O. Smith Corporation See DE #28 for image (tp)
April 17, 2012 Filing 29 NOTICE by A.O. Smith Corporation of Appearance of Attorney David J. De Piano, Esq. on behalf of A.O. Smith Corporation (Sacks, Robert)
April 17, 2012 Filing 28 NOTICE by A.O. Smith Corporation of Appearance of Attorney Robert E. Sacks, Esq. on behalf of A.O. Smith Corporation (Sacks, Robert)
April 12, 2012 Filing 27 Clerks Notice to Filer re #19 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens, #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d), #14 Memorandum. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (tp)
April 11, 2012 Filing 26 MOTION to Dismiss #1 Complaint,, For Forum Non Conveniens by Hayward Industries, Inc.. Responses due by 4/30/2012 (Strasius, Anthony)
April 11, 2012 Opinion or Order Filing 25 ORDER granting #9 Motion for Leave to File Excess Pages. Signed by Judge Patricia A. Seitz on 4/11/2012. (ehn)
April 11, 2012 Opinion or Order Filing 24 ORDER granting #8 Motion for Leave to File Excess Pages. Signed by Judge Patricia A. Seitz on 4/11/2012. (ehn)
April 11, 2012 Filing 23 NOTICE by A.O. Smith Corporation re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d) notice of joinder in co-defendant's motion (Hermann, Richard)
April 11, 2012 Filing 22 MOTION to Dismiss #1 Complaint,, based on forum non conveniens by A.O. Smith Corporation. Responses due by 4/30/2012 (Attachments: #1 Exhibit CO-Defendant's Answers to Interrogatories)(Hermann, Richard)
April 11, 2012 Filing 21 NOTICE by SCP Distributors, LLC re #19 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens, #15 MOTION to Dismiss #1 Complaint,, for forum non conveniens and Incorporated Memorandum of Law, #16 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens of Joinder (Dahl, Patrick)
April 11, 2012 Filing 20 NOTICE by SCP Distributors, LLC re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d), #14 Memorandum of Joinder (Dahl, Patrick)
April 11, 2012 Filing 19 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens by Hospitality Purveyors, Inc., Unique Vacations,Inc. Responses due by 4/30/2012 (Newman, David)
April 11, 2012 Filing 18 NOTICE by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d), #14 Memorandum of Joinder (Vitale, Michael)
April 11, 2012 Filing 17 NOTICE by Sandals Resorts International, Ltd. re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d) Joinder (Scott, Thomas)
April 11, 2012 Filing 16 MOTION to Dismiss #1 Complaint,, for Forum Non Conveniens by Sandals Resorts International, Ltd.. Responses due by 4/30/2012 (Attachments: #1 Exhibit A, #2 Exhibit B)(Scott, Thomas)
April 11, 2012 Filing 15 MOTION to Dismiss #1 Complaint,, for forum non conveniens and Incorporated Memorandum of Law by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. Responses due by 4/30/2012 (Attachments: #1 Index to Exhibits, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D)(Etscorn, James)
April 11, 2012 Filing 14 MEMORANDUM in Support re #13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d) by Hospitality Purveyors, Inc., Unique Vacations,Inc. (Newman, David)
April 11, 2012 Filing 13 MOTION to Stay and Costs Pursuant To Fed. R. Civ. P. 41(d) by Hospitality Purveyors, Inc., Unique Vacations,Inc. Responses due by 4/30/2012 (Newman, David)
April 11, 2012 Filing 12 NOTICE of Attorney Appearance by Dennis M. O'Hara on behalf of SCP Distributors, LLC (O'Hara, Dennis)
April 11, 2012 Filing 11 Clerks Notice to Filer re #10 Notice of Attorney Appearance. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (tp)
April 10, 2012 Filing 10 NOTICE of Attorney Appearance by Patrick K Dahl on behalf of SCP Distributors, LLC (Dahl, Patrick)
April 10, 2012 Filing 9 Unopposed MOTION for Leave to File Excess Pages for Motion to Dismiss, by Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC. (Attachments: #1 Text of Proposed Order)(Vitale, Michael)
April 10, 2012 Filing 8 Unopposed MOTION for Leave to File Excess Pages (Motion to Dismiss) by Sandals Resorts International, Ltd.. (Attachments: #1 Text of Proposed Order)(Safra, Steven)
April 10, 2012 Filing 7 NOTICE of Attorney Appearance by James Vincent Etscorn on behalf of Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC (Etscorn, James)
April 10, 2012 Filing 6 NOTICE of Attorney Appearance by Michael S. Vitale on behalf of Pentair Water Pool and SPA, Inc., Sta-Rite Industries, LLC (Vitale, Michael)
April 4, 2012 Filing 5 NOTICE of Attorney Appearance by Steven Russell Safra on behalf of Sandals Resorts International, Ltd. (Safra, Steven)
April 4, 2012 Filing 4 NOTICE of Attorney Appearance by Thomas E. Scott, Jr on behalf of Sandals Resorts International, Ltd. (Scott, Thomas)
December 22, 2011 Filing 3 Summons Issued as to A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Sta-Rite Industries, LLC, Unique Vacations,Inc. (jc)
December 21, 2011 Filing 2 Judge Assignment to Judge Patricia A. Seitz and Magistrate Judge Andrea M. Simonton (jc)
December 21, 2011 Filing 1 COMPLAINT against A.O. Smith Corporation, Hayward Industries, Inc., Hospitality Purveyors, Inc., Pentair Water Pool and SPA, Inc., SCP Distributors, LLC, Sandals Resorts International, Ltd., Unique Vacations,Inc. Filing fee $ 350.00 receipt number 113C-4326722, filed by Karen Von Aswege, Myrna Morris, Nichole Cleaveland, John Van Hoy, Sr. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Sandals Resorts Int'l, Ltd., #3 Summon(s) Unique Vacations, Inc., #4 Summon(s) Hayward Indust. Inc., #5 Summon(s) A.O. Smith Corp., #6 Summon(s) Pentair Water Pool & Spa, Inc., #7 Summon(s) Sta-Rite Indust., Inc., #8 Summon(s) Hospitality Purveyors, Inc., #9 Summon(s) SCP Distributors, LLC)(Rusak, Richard)

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Defendant: A.O. Smith Corporation
Represented By: Richard Philip Hermann, II.
Represented By: David J. DePiano
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Defendant: Sandals Resorts International, Ltd.
Represented By: Thomas E. Scott, Jr.
Represented By: Steven Russell Hicks-Safra
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Defendant: Hayward Industries, Inc.
Represented By: Anthony Peter Strasius
Represented By: Edgardo Ferreyra, Jr.
Represented By: Francis Manchisi
Represented By: Ernest Vincent Goodwin
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Defendant: Sta-Rite Industries, LLC
Represented By: James Vincent Etscorn
Represented By: Michael S. Vitale
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Defendant: Unique Vacations,Inc
Represented By: David Barry Newman
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Defendant: SCP Distributors, LLC
Represented By: Dennis M. O'Hara
Represented By: Patrick K Dahl
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Defendant: Hospitality Purveyors, Inc.
Represented By: David Barry Newman
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Defendant: Pentair Water Pool and SPA, Inc.
Represented By: James Vincent Etscorn
Represented By: Michael S. Vitale
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Plaintiff: Karen Von Aswege
Represented By: Richard Dennis Rusak
Represented By: Keith Steven Brais
Represented By: Robert L. Parks
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Plaintiff: Nichole Cleaveland
Represented By: Richard Dennis Rusak
Represented By: Keith Steven Brais
Represented By: Robert L. Parks
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Plaintiff: Myrna Morris
Represented By: Richard Dennis Rusak
Represented By: Keith Steven Brais
Represented By: Robert L. Parks
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Plaintiff: John Van Hoy, Sr.
Represented By: Richard Dennis Rusak
Represented By: Keith Steven Brais
Represented By: Robert L. Parks
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