McBride v. Carnival Corporation
| McBride and Earline McBride |
| Carnival Corporation |
| 1:2016cv24894 |
| November 23, 2016 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Darrin P Gayles |
| James Lawrence King |
| Edwin G Torres |
| Marine |
| 28 U.S.C. § 1333 Admiralty |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 293
ORDER granting in part and denying in part #268 Motion for Bill of Costs. Signed by Ch. Magistrate Judge Edwin G. Torres on 4/14/2023. See attached document for full details. (EGT)
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Filing 292
Acknowledgment of Receipt of ROA from USCA. Record on Appeal filed. Exhibit Envelope containing DE #264 (USB Drive) re #284 Notice of Appeal, filed by Earline McBride. Date received by USCA: 2/23/2023. USCA Case Number: 22-13940-AA. (apz)
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Filing 291
Certified and Transmitted Record on Appeal to US Court of Appeals (Atlanta Office) consisting of (1) envelope containing DE #264 (USB Drive) re #284 Notice of Appeal. USCA #22-13940-AA. (apz)
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Filing 290
Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #284 Notice of Appeal, Appeal No. 22-13940-AA. The record on appeal is available electronically with the exception of: DE #264 (Flash Drive), which is being forwarded via mail to the Eleventh Circuit Court of Appeals. (apz)
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Filing 289
TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 12-6-2022 by John Billera, Esq. has/have been filed by Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov re #287 Court Reporter Acknowledgment, #286 Transcript Information Form. (Savino, Dawn)
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Filing 288
TRANSCRIPT of jury trial held on 2-14-2022 before Judge Darrin P. Gayles, 1-135 pages, re: #284 Notice of Appeal,, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@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 1/9/2023. Redacted Transcript Deadline set for 1/19/2023. Release of Transcript Restriction set for 3/20/2023. (Savino, Dawn)
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Filing 287
COURT REPORTER ACKNOWLEDGMENT re #286 Transcript Information Form. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Estimated filing date of transcript 1-6-2023. USCA number 22-13940. (Savino, Dawn)
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Filing 286
TRANSCRIPT INFORMATION FORM by Earline McBride re #284 Notice of Appeal,,. Trial Feb 14, 2022 transcript(s) ordered. Order placed by John Billera. Email sent to Court Reporter Coordinator. (Bailey, Christopher)
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Filing 285
Acknowledgment of Receipt of NOA from USCA re #284 Notice of Appeal, filed by Earline McBride. Date received by USCA: 11/23/2022. USCA Case Number: 22-13940-A. (jes)
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Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #284 Notice of Appeal. Notice has been electronically mailed. (jes)
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Filing 284
Notice of Appeal as to 283 Order on Motion for New Trial, #256 Judgment, by Earline McBride. Filing fee $ 505.00 receipt number AFLSDC-16120787. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Bailey, Christopher)
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Filing 283
PAPERLESS ORDER denying #267 Plaintiff's Motion for New Trial. The Court's trial rulings were correct, and the jury's verdict was consistent with the evidence and the law. Signed by Judge Darrin P. Gayles (DPG)
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Filing 282
TRANSCRIPT of Jury Trial held on 02/17/22 before Judge Darrin P. Gayles, 1-14 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@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 5/31/2022. Redacted Transcript Deadline set for 6/10/2022. Release of Transcript Restriction set for 8/8/2022. (pdz)
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Filing 281
TRANSCRIPT of Jury Trial held on 02/16/22 before Judge Darrin P. Gayles, 1-213 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@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 5/31/2022. Redacted Transcript Deadline set for 6/10/2022. Release of Transcript Restriction set for 8/8/2022. (pdz)
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Filing 280
TRANSCRIPT of Jury Trial held on 02/15/22 before Judge Darrin P. Gayles, 1-263 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@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 5/31/2022. Redacted Transcript Deadline set for 6/10/2022. Release of Transcript Restriction set for 8/8/2022. (pdz)
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Filing 279
TRANSCRIPT of Excerpt of Jury Trial - testimony of Thomas Roush, MD and Frank McCormick, MD held on 2-14-2022 before Judge Darrin P. Gayles, 1-85 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@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 5/17/2022. Redacted Transcript Deadline set for 5/27/2022. Release of Transcript Restriction set for 7/25/2022. (Savino, Dawn)
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Filing 278
PAPERLESS ORDER granting Plaintiff's #277 Agreed Motion for Extension of Time for Plaintiff to File Her Reply in Support of Her Motion for New Trial. Plaintiff shall file her Reply in support of her #267 Motion for New Trial on or before April 28, 2022. Signed by Judge Darrin P. Gayles on 4/15/2022. (jsi)
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Filing 277
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #272 Response in Opposition to Motion for New Trial by Earline McBride. (Bailey, Christopher)
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Filing 276
PAPERLESS ORDER REFERRING MOTION #268 Plaintiff's Motion for Taxable Costs Pursuant to 28 U.S.C. 1920 to Chief Magistrate Judge Edwin G. Torres. Signed by Judge Darrin P. Gayles on 4/12/2022. (jsi)
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Filing 275
PAPERLESS ORDER granting Plaintiff's #271 Agreed Motion for Extension of Time for Plaintiff to File Her Reply in Support of Her Bill of Costs. Plaintiff's #273 Reply in Support of her #268 Motion to Tax Cost shall be deemed timely as of April 11, 2022. Signed by Judge Darrin P. Gayles on 4/12/2022. (jsi)
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Filing 274
PAPERLESS ORDER granting #270 Defendant's Agreed Motion for Extension of Time, Nunc Pro Tunc, to Respond to Plaintiff's Motion for New Trial. Defendant's #272 Response in Opposition to #267 Plaintiff's Motion for New Trial shall be deemed timely as of April 11, 2022. Signed by Judge Darrin P. Gayles on 4/12/2022. (jsi)
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Filing 273
Plaintiff's REPLY to Response to Motion re #268 Plaintiff's MOTION for Bill of Costs filed by Earline McBride. (Attachments: #1 Exhibit Process Server Invoices)(Bailey, Christopher)
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Filing 272
RESPONSE in Opposition re #267 Plaintiff's MOTION for New Trial filed by Carnival Corporation. Replies due by 4/18/2022. (Attachments: #1 Exhibit A-Transcript from Calendar Call)(Acuna, Krista)
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Filing 271
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #269 Response in Opposition to Motion, by Earline McBride. (Bailey, Christopher)
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Filing 270
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #267 Plaintiff's MOTION for New Trial by Carnival Corporation. (Attachments: #1 Exhibit 1- Affidavit, #2 Text of Proposed Order)(Acuna, Krista)
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Filing 269
RESPONSE in Opposition re #268 Plaintiff's MOTION for Bill of Costs in Part, with Incorporated Memorandum of Law filed by Carnival Corporation. Replies due by 4/6/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Acuna, Krista)
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Filing 268
Plaintiff's MOTION for Bill of Costs by Earline McBride. Responses due by 4/4/2022 (Attachments: #1 Exhibit A, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit B)(Billera, John)
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Filing 267
Plaintiff's MOTION for New Trial by Earline McBride. (Bailey, Christopher)
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Filing 266
PAPERLESS ORDER granting Plaintiff's #263 Amended Motion for Extension of Time to File Exhibits (to Include No Objection from Defendant). Plaintiff's exhibits are deemed timely filed as of March 11, 2022. Signed by Judge Darrin P. Gayles on 3/14/2022. (jsi)
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Filing 265
PAPERLESS ORDER denying as moot Plaintiff's #262 Motion for Extension of Time to File Exhibits in light of Plaintiff's #263 Amended Motion for Extension of Time to File Exhibits (to Include No Objection from Defendant). Signed by Judge Darrin P. Gayles on 3/17/2022. (jsi)
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Filing 263
Amended MOTION for Extension of Time to File Exhibits Amended re 259 Order on Motion for Extension of Time, by Earline McBride. Responses due by 3/25/2022 (Attachments: #1 Text of Proposed Order)(Billera, John)
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SYSTEM ENTRY - Docket Entry 264 [misc] restricted/sealed until further notice. (pes)
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Filing 262
MOTION for Extension of Time to file exhibits re 259 Order on Motion for Extension of Time, by Earline McBride. Responses due by 3/24/2022 (Attachments: #1 Text of Proposed Order)(Billera, John)
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Filing 261
Defendant's CERTIFICATE of Compliance Re Admitted Evidence Pursuant to DE 259 Order on Motion for Extension of Time by Krista Fowler Acuna on behalf of Carnival Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 64, #62 Exhibit 65, #63 Exhibit 69, #64 Exhibit 71, #65 Exhibit 72, #66 Exhibit 73) (Acuna, Krista)
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Filing 260
NOTICE of Compliance by Earline McBride re 259 Order on Motion for Extension of Time, (Attachments: #1 Exhibit 1A, #2 Exhibit 1A, #3 Exhibit 1A, #4 Exhibit 1A) (Billera, John)
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Filing 259
PAPERLESS ORDER granting the parties' #258 Joint Motion for Extension of Time to Comply With Local Rule 5.3(b)(2) and for Leave to Comply With Rule 5.3(b)(3)(C). The parties shall deliver their exhibits to the Clerk in accordance with S.D. Fla. L.R. 5.3(b)(3)(C) on or before March 10, 2022. Signed by Judge Darrin P. Gayles on 3/3/2022. (jsi)
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Filing 258
Joint MOTION for Extension of Time to file Exhibits and to Comply with Rule 5.3(b)(3)(C) re #254 Jury Verdict by Earline McBride. Responses due by 3/11/2022 (Bailey, Christopher)
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Filing 257
Defendant's CERTIFICATE of Compliance Re Admitted Evidence by Krista Fowler Acuna on behalf of Carnival Corporation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 60, #60 Exhibit 61, #61 Exhibit 64, #62 Exhibit 65, #63 Exhibit 68, #64 Exhibit 69, #65 Exhibit 71, #66 Exhibit 72, #67 Exhibit 73) (Acuna, Krista)
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Filing 256
FINAL JUDGMENT in favor of Plaintiff Earline McBride against Defendant Carnival Corporation. Any pending motions are DENIED as moot. This case is CLOSED. Signed by Judge Darrin P. Gayles on 2/18/2022. See attached document for full details. (jsi)
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Filing 255
NOTICE OF WITHDRAWAL OF MOTION by Carnival Corporation re #245 Defendant's MOTION for Directed Verdict filed by Carnival Corporation (Acuna, Krista)
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Filing 254
JURY VERDICT. (ra) (Additional attachment(s) added on 3/17/2022: #1 Restricted Unredacted Jury Note/Verdict) (ra).
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Filing 253
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Jury Trial held on February 17, 2022. Day 4. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
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Filing 252
QUESTION AND/OR COMMENT FROM THE JURY AND ANSWER TO QUESTION.(ra) (Additional attachment(s) added on 3/17/2022: #1 Restricted Unredacted Jury Note/Verdict) (ra).
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Filing 251
Court's Jury Instructions. (ra)
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Filing 250
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Jury Trial held on February 16, 2022. Day 3. Witness Mark J. Sinnreich, M.D. and Earline McBride testified. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
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Filing 249
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Jury Trial held on February 15, 2022. Day 2. Witness Alicia Evans, Earlene McBride, and Mark J. Sinnreich, M.D. testified. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
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Filing 248
NOTICE by Earline McBride of Filing Supplemental Authority in Support of Objection to Witness Bonaparte (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Billera, John) Modified text on 2/16/2022 (kpe).
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Filing 247
RESPONSE in Opposition re #245 Defendant's MOTION for Directed Verdict filed by Earline McBride. Replies due by 2/22/2022. (Bailey, Christopher)
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Filing 246
NOTICE by Earline McBride re #242 Notice (Other) of Filing Objections to Deposition Designations (Billera, John)
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Filing 245
WITHDRAWN Defendant's MOTION for Directed Verdict by Carnival Corporation. Responses due by 2/28/2022 (Acuna, Krista) Modified on 2/18/2022 per DE #255 Notice (kpe).
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Filing 244
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Jury Trial held on February 14, 2022. Day 1. Witness Thomas Roush, M.D. and Frank McCormick, M.D. testified. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (jsi)
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Filing 243
NOTICE of Filing Corrected Amended Deposition Designations for Fritz Charles by Carnival Corporation (Attachments: #1 Transcripts Deposition Transcript of Fritz Charles) (Acuna, Krista)
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Filing 242
NOTICE of Filing Amended Deposition Designations of Fritz Charles by Carnival Corporation(Attachments: #1 Exhibit Deposition Transcript of Fritz Charles April 18, 2019) (Acuna, Krista)
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Filing 241
Exhibit List Corrected Fourth Amended by Carnival Corporation.. (Acuna, Krista)
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Filing 240
ORDER granting the parties' #237 Joint Motion to Bring Electronic Equipment to Trial Signed by Judge Darrin P. Gayles on 2/10/2022. See attached document for full details. (jsi)
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Filing 239
Clerks Notice to Filer re #237 Joint MOTION to Bring Electronic Equipment to Courthouse . Wrong Motion Relief(s) Selected; 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. (ls)
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Filing 238
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Settlement Conference held on 2/10/2022. Counsel and Parties for both sides were present. The Parties have reached an impasse in this matter.Total time in court: 2 hour(s) : 19 minutes. (dgj)
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Filing 237
Joint Motion to Bring Electronic Equipment into the courtroom by Earline McBride. (Attachments: #1 Text of Proposed Order)(Billera, John) Modified Relief on 2/10/2022 (ls).
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Filing 236
Proposed Jury Instructions by Earline McBride. (Billera, John)
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Filing 235
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Calendar Call held on February 9, 2022. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the The Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, The Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov. (jsi)
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Filing 234
NOTICE of Compliance by Earline McBride re 232 Order Setting/Cancelling Hearing,,,, (Billera, John)
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Filing 233
NOTICE of Compliance by Carnival Corporation re 232 Order Setting/Cancelling Hearing,,,, (Acuna, Krista)
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Filing 232
PAPERLESS ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE: A telephonic Settlement Conference is set for 9:00 A.M. on Thursday, February 10, 2022, in the Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). The Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) Counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (3) Each counsel is required to meet by phone with their client(s) regarding settlement at least five days prior to the Settlement Conference. (4) Counsel must confer with each other by phone to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. Signed by Magistrate Judge Jacqueline Becerra on 1/31/2022. (hgz)
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Filing 231
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference to occur within 30 days of this Order. The parties shall contact Judge Becerra's chambers directly to schedule the Settlement Conference. Signed by Judge Darrin P. Gayles on 1/28/2022. (jsi)
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Filing 230
PAPERLESS ORDER. As stated on the record during the Telephonic Calendar Call on January 12, 2022, the jury trial during the Court's two-week trial period beginning on January 18, 2022, is CANCELLED. The jury trial in this matter is reset for the Court's two-week trial period beginning on February 14, 2022. The Telephonic Calendar Call before Judge Darrin P. Gayles shall take place at 9:30 A.M. on February 9, 2022. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 1/12/2022. (jsi)
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Filing 229
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Calendar Call held on January 12, 2022. Attorney Appearances: Krista Fowler Acuna, John Fitzgerald Billera, and Christopher John Bailey. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (jsi)
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Filing 228
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Jacqueline Becerra no longer assigned to case. Signed by Magistrate Judge Jacqueline Becerra on 12/29/2021. See attached document for full details. (vmz)
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Filing 227
PAPERLESS ORDER resetting the Telephonic Calendar Call before Judge Darrin P. Gayles for 9:30 A.M. on January 12, 2022. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Telephonic Calendar Call begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 12/28/2021. (jsi)
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Filing 226
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 12/28/2021. (jsi)
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Filing 225
ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Terminated Deadlines and Hearings per Chambers. Signed by Senior Judge James Lawrence King on 12/28/2021. See attached document for full details. (vjk) Modified text on 12/28/2021 (vjk).
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Filing 224
RESCHEDULING ORDER: Jury Trial reset for 1/18/2022 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call reset for 1/13/2022 10:00 AM in Miami Division before Senior Judge James Lawrence King. Signed by Senior Judge James Lawrence King on 8/19/2021. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 223
SCHEDULING ORDER: Jury Trial reset for 9/27/2021 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call reset for 9/23/2021 10:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 7/13/2021. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 222
SCHEDULING ORDER: Jury Trial set for 10/4/2021 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 9/30/2021 10:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 7/9/2021. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 221
ORDER granting #220 Motion for Reconsideration re #220 Plaintiff's Motion for Reconsideration. The Clerk of Court shall REINSTATE the case in the status it occupied in the Courts docket as of July 8, 2021, except that it cannot be on the two-week calendar as originally set. The courtroom deputy shall reschedule this case upon the Courts two-week calendar as will be appropriate, given the previously set two-week calendars of the court, by separate order. Signed by Senior Judge James Lawrence King on 7/9/2021. See attached document for full details. (mc)
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Case Reopened per DE #221 Order. (mc)
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Filing 220
Plaintiff's MOTION for Reconsideration re #218 Calendar Call, #219 Order Dismissing Case by Earline McBride. (Bailey, Christopher)
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Filing 219
FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Senior Judge James Lawrence King on 7/8/2021. See attached document for full details. (jw)
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Filing 218
Minute Entry for proceedings held before Senior Judge James Lawrence King: Calendar Call held on 7/8/2021. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (jw)
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Filing 217
STATUS REPORT by Earline McBride (Bailey, Christopher)
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Filing 216
STATUS REPORT by Carnival Corporation (Acuna, Krista)
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Filing 215
PAPERLESS ORDER RE: ZOOM GOV MEETING INFORMATION FOR CALENDAR CALL HEARING Signed by Senior Judge James Lawrence King on 6/10/2021. (jw)
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Filing 214
NOTICE of Attorney Appearance by Christopher John Bailey on behalf of Earline McBride. Attorney Christopher John Bailey added to party Earline McBride(pty:pla). (Bailey, Christopher)
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Filing 213
ORDER Granting #212 Unopposed Motion to be Removed As Counsel of Record. Signed by Senior Judge James Lawrence King on 2/24/2021. See attached document for full details. (jw)
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Attorney Jessica Pierce Quiggle representing McBride, Earline (Plaintiff) terminated. (jw)
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Filing 212
Unopposed MOTION to be removed as counsel of record by Jessica Quiggle by Earline McBride. (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 211
ORDER re #210 Notice (Scheduling Order) filed by Carnival Corporation, ADMINISTRATIVE SCHEDULING ORDER: ( Jury Trial set for 7/12/2021 09:00 AM in Miami Division before Senior Judge James Lawrence King., Calendar Call set for 7/8/2021 10:00 AM in Miami Division before Senior Judge James Lawrence King.) All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 1/29/2021. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 210
NOTICE by Carnival Corporation re #209 Scheduling Order,, (Acuna, Krista)
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Filing 209
ADMINISTRATIVE SCHEDULING ORDER: re #204 Order on Motion to Stay Jury Trial reset for 6/21/2021 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call reset for 6/17/2021 10:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 12/7/2020. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 208
ORDER Denying #205 Motion for Sanctions. Signed by Senior Judge James Lawrence King on 10/8/2020. See attached document for full details. (jw)
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Filing 207
REPLY to Response to Motion re #205 Amended MOTION for Sanctions filed by Carnival Corporation. (Acuna, Krista)
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Filing 206
RESPONSE in Opposition re #205 Amended MOTION for Sanctions filed by Earline McBride. Replies due by 10/7/2020. (Attachments: #1 Exhibit A, Dr. Sinnreich fee schedule from Def's Rule 26 expert disclosures)(Quiggle, Jessica)
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Filing 205
Amended MOTION for Sanctions by Carnival Corporation. (Attachments: #1 Exhibit A- Amended Declaration of Krista Fowler Acuna in Support of Motion for Sanctions, #2 Exhibit A-1 WIP Print out, #3 Exhibit A-2 Check and invoice for Transcript, #4 Exhibit A-3 3/10/20 Invoice from Dr. Sinnreich, #5 Exhibit A-4 3/5/2020 Invoice from Dr. Sinnreich revised, #6 Exhibit B March 9 Hearing Transcript)(Acuna, Krista)
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Filing 204
ORDER Denying #200 Renewed Motion to Stay. Signed by Senior Judge James Lawrence King on 7/31/2020. See attached document for full details. (jw)
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Filing 203
RESPONSE in Opposition re #200 Renewed MOTION to Stay and Additionally or Alternatively, Motion for Entry of an Order Administratively Closing Case filed by Earline McBride. Replies due by 8/4/2020. (Quiggle, Jessica)
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Filing 202
NOTICE OF WITHDRAWAL OF MOTION by Carnival Corporation re #193 Defendant's MOTION for Sanctions filed by Carnival Corporation without Prejudice (Acuna, Krista)
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Filing 201
RESPONSE in Opposition re #193 Defendant's MOTION for Sanctions filed by Earline McBride. Replies due by 7/22/2020. (Quiggle, Jessica)
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Filing 200
Renewed MOTION to Stay and Additionally or Alternatively, Motion for Entry of an Order Administratively Closing Case by Carnival Corporation. Responses due by 7/28/2020 (Attachments: #1 Text of Proposed Order)(Acuna, Krista)
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Filing 199
ORDER Granting #196 Carnival's Motion to Stay. Signed by Senior Judge James Lawrence King on 5/8/2020. See attached document for full details. (jw)
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Filing 198
REPLY to Response to Motion re #196 Renewed MOTION to Stay and Additionally or Alternatively, Motion for Entry of an Order Administratively Closing this Case filed by Carnival Corporation. (Acuna, Krista)
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Filing 197
RESPONSE in Opposition re #196 Renewed MOTION to Stay and Additionally or Alternatively, Motion for Entry of an Order Administratively Closing this Case filed by Earline McBride. Replies due by 5/11/2020. (Quiggle, Jessica)
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Filing 196
Renewed MOTION to Stay and Additionally or Alternatively, Motion for Entry of an Order Administratively Closing this Case by Carnival Corporation. Responses due by 5/14/2020 (Attachments: #1 Exhibit A- Paperless Order, #2 Exhibit Composite B- Orders, #3 Exhibit Composite C- S.D. Fla Administrative Orders, #4 Exhibit Composite D- Fla. 11th Cir. Administrative Orders, #5 Exhibit Composite E- Fla. S. Ct. Administrative Orders, #6 Text of Proposed Order)(Acuna, Krista)
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Filing 195
ORDER Granting #194 Carnival Corporation's Motion to Stay. Signed by Senior Judge James Lawrence King on 3/26/2020. See attached document for full details. (jw)
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Filing 194
Defendant's MOTION to Stay by Carnival Corporation. Responses due by 4/8/2020 (Attachments: #1 Exhibit A- Paperless Order on Motion ECF 26, #2 Exhibit B- S.D. Fla Administrative Orders, #3 Exhibit C- Fla. 11th Cir. Administrative Orders, #4 Exhibit D- Fla. S. Ct. Administrative Orders, #5 Exhibit E- Proposed Order, #6 Exhibit F- Order in Eisenman v. Carnival, #7 Exhibit G- Order in Ellis v. Carnival)(Acuna, Krista)
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Filing 193
WITHDRAWN Defendant's MOTION for Sanctions by Carnival Corporation. (Attachments: #1 Exhibit A- Declaration of Krista Fowler Acuna, #2 Exhibit B-Transcript of 3/9/2020 Hearing, #3 Text of Proposed Order)(Acuna, Krista) Modified on 7/22/2020 withdrawn per de#202(dj).
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Filing 192
Order Cancelling Calendar Call Hearing set for April 16, 2020 at 10;00 AM, and Jury Trial set on April 21, 2020 at 9:00 am. Signed by Senior Judge James Lawrence King on 3/18/2020. See attached document for full details. (jw)
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Filing 191
TRANSCRIPT of Oral Argument Hearing held on 03/09/2020 before Senior Judge James Lawrence King, Volume Number 1 of 1, 1-42 pages, Court Reporter: Ellen Rassie, 305-523-5024 / ellen_rassie@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 4/7/2020. Redacted Transcript Deadline set for 4/17/2020. Release of Transcript Restriction set for 6/15/2020. (ere)
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Filing 190
SCHEDULING ORDER: Jury Trial set for Tuesday, 4/21/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 4/16/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 3/9/2020. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 189
ORDER Granting #180 Defendant's Motion to Strike and Exclude Untimely Disclosed Medical Records and Opinions. Signed by Senior Judge James Lawrence King on 3/9/2020. See attached document for full details. (jw)
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Filing 188
Minute Entry for proceedings held before Senior Judge James Lawrence King: Motion Hearing held on 3/9/2020 re #180 Defendant's MOTION to Strike and Exclude Untimely Disclosed Medical Records and Opinions filed by Carnival Corporation. Court Reporter: Ellen Rassie, 305-523-5024 / ellen_rassie@flsd.uscourts.gov. (jw)
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Hearing(s) terminated. (jw)
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Filing 187
NOTICE by Carnival Corporation re #176 Exhibit List Defendant's Objections to Plaintiff's Fourth Amended Exhibit List (Acuna, Krista)
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Filing 186
Witness List Second Amended by Carnival Corporation.. (Acuna, Krista)
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Filing 185
Exhibit List Fourth Amended by Carnival Corporation.. (Acuna, Krista)
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Filing 184
TRANSCRIPT of calendar call held on 1/23/20 before Senior Judge James Lawrence King, 1-45 pages, Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@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 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (tnr)
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Filing 183
ORDER Setting Hearing on Motion #180 Defendant's MOTION to Strike and Exclude Untimely Disclosed Medical Records and Opinions : Motion Hearing set for 3/9/2020 09:30 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 3/6/2020. See attached document for full details. (jw)
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Filing 182
Defendant's REPLY to #181 Response in Opposition to Motion, by Carnival Corporation. (Attachments: #1 Exhibit Comprehensive Medical Initial Evaluation)(Acuna, Krista)
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Filing 181
RESPONSE in Opposition re #180 Defendant's MOTION to Strike and Exclude Untimely Disclosed Medical Records and Opinions filed by Earline McBride. Replies due by 3/13/2020. (Attachments: #1 Exhibit A, McBride depo transcript excerpt)(Quiggle, Jessica)
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Filing 180
Defendant's MOTION to Strike and Exclude Untimely Disclosed Medical Records and Opinions by Carnival Corporation. Responses due by 3/19/2020 (Attachments: #1 Exhibit 1- Email dated March 3, 2020, #2 Exhibit 2- Email dated March 4, 2020, #3 Text of Proposed Order Proposed Order)(Acuna, Krista)
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Set Jury Trial set for 3/9/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. 2nd Day Jury Trial set for 3/10/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. Third Day Jury Trial set for 3/11/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. (jw)
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Set 2nd Day Jury Trial set for 3/10/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor. (jw)
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Filing 179
NOTICE by Carnival Corporation re #178 Notice of Filing Discovery Notice of Filing Defendant's Objections to Plaintiff's Deposition Designations of Andrew Leiva (Acuna, Krista)
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Filing 178
NOTICE of Filing Discovery: Deposition Designations of Andrew Leiva by Earline McBride. (Attachments: #1 Designation of deposition of Andrew Leiva)(Quiggle, Jessica)
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Filing 177
ORDER re #168 Defendant's MOTION to Strike and Exclude Untimely Disclosed Witnesses filed by Carnival Corporation. Signed by Senior Judge James Lawrence King on 3/4/2020. See attached document for full details. (jw)
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Filing 176
Exhibit List Plaintiff's Fourth Amended Exhibit List by Earline McBride.. (Quiggle, Jessica)
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Filing 175
Minute Order for proceedings held before Senior Judge James Lawrence King re: #171 Response in Opposition to Motion, ; Motion Hearing held on 3/3/2020 re #168 Defendant's MOTION to Strike and Exclude Untimely Disclosed Witnesses filed by Carnival Corporation and Granting #168 Motion to Strike,. ( Jury Trial set for 3/9/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor.). Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jw)
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Filing 174
PAPERLESS ORDER SETTING ORAL ARGUMENT re #171 Response in Opposition to Motion, filed by Earline McBride, Order ( Oral Argument Hearing set for 3/3/2020 01:00 PM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor.) Signed by Senior Judge James Lawrence King on 3/3/2020. (jw)
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Filing 173
ORDER REFERRING #168 Defendant's MOTION to Strike and Exclude Untimely Disclosed Witnesses filed by Carnival Corporation. Motions referred to Judge Jacqueline Becerra. Signed by Senior Judge James Lawrence King on 3/3/2020. See attached document for full details. (jw)
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Filing 172
ORDER Granting #170 Motion to Continue Trial Date and Resetting Trial to May 18, 2020: Calendar Call reset for 5/14/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. Jury Trial reset for 5/18/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 3/2/2020. See attached document for full details. (jw)
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Filing 171
RESPONSE in Opposition re #170 Defendant's MOTION to Continue Trial Setting for 30 Days, or Alternatively, to Preserve Trial Testimony by Video For Use At Trial filed by Earline McBride. Replies due by 3/9/2020. (Quiggle, Jessica)
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Filing 170
Defendant's MOTION to Continue Trial Setting for 30 Days, or Alternatively, to Preserve Trial Testimony by Video For Use At Trial by Carnival Corporation. Responses due by 3/13/2020 (Attachments: #1 Exhibit A- Declaration of Ileana Garcia)(Sullivan, Elisha)
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Filing 169
Exhibit List (Third Amended) by Carnival Corporation.. (Acuna, Krista)
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Filing 168
Defendant's MOTION to Strike and Exclude Untimely Disclosed Witnesses by Carnival Corporation. Responses due by 3/12/2020 (Attachments: #1 Exhibit A - Plaintiff's Rule 26 Initial Disclosures, #2 Exhibit B- Defendant's Notice of Serving Initial Interrogatories to Plaintiff, #3 Exhibit C- Plaintiff's Certificate of Service of Verified Answers to Defendant's Initial Interrogatories, #4 Exhibit D- Plaintiff's Certificate of Service of Verified Supplemental Answers to Defendant's Interrogatories)(Sullivan, Elisha)
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Filing 167
Witness List Plaintiff's Second Amended by Earline McBride.. (Quiggle, Jessica)
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Filing 166
Witness List Plaintiff's First Amended by Earline McBride.. (Quiggle, Jessica)
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Filing 165
SCHEDULING ORDER: ( Jury Trial reset for 3/9/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King., Calendar Call reset for 3/5/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King.) Signed by Senior Judge James Lawrence King on 1/23/2020. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 164
Minute Entry for proceedings held before Senior Judge James Lawrence King: Calendar Call held on 1/23/2020. Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jw)
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Filing 163
Corrected MOTION to Continue with Verification by Carnival Corporation. Responses due by 2/6/2020 (Acuna, Krista)
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Filing 162
MOTION to Continue to Feb 24 Calendar Due to Family Emergency of Counsel by Carnival Corporation. Responses due by 2/6/2020 (Acuna, Krista)
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Filing 161
NOTICE of Filing Discovery: Joint Deposition Designations for witness Fritz Charles by Earline McBride. (Attachments: #1 Designation Deposition of witness, Fritz Charles)(Quiggle, Jessica)
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Filing 160
Exhibit List Plaintiff's Third Amended by Earline McBride.. (Quiggle, Jessica)
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Filing 159
Exhibit List Plaintiff's Second Amended Exhibit List by Earline McBride.. (Quiggle, Jessica)
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Filing 158
ORDER Granting #157 Joint Motion to Bring Electronic Equipment into the courtroom. Signed by Senior Judge James Lawrence King on 12/3/2019. See attached document for full details. (jw)
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Filing 157
Joint MOTION to Bring Electronic Equipment into the courtroom by Earline McBride. Responses due by 12/10/2019 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 156
ORDER Denying #123 Defendant's Motion for Clarification. Signed by Senior Judge James Lawrence King on 11/19/2019. See attached document for full details. (jw)
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Filing 155
ORDER Granting #154 Defense Motion For Continuance and Rescheduling Trial. Calendar Call reset for 1/23/2020 10:00 AM in Miami Division before Senior Judge James Lawrence King. Jury Trial reset for 1/27/2020 09:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 11/19/2019. See attached document for full details. (jw)
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Filing 154
MOTION to Continue Trial to Tuesday, December 3 or Wednesday, December 4, 2019 or that Trial be re-set for any other week of December or January re Set/Reset Hearings by Carnival Corporation. Responses due by 12/2/2019 (Attachments: #1 Affidavit Exhibit A, #2 Text of Proposed Order Exhibit B)(Acuna, Krista)
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Filing 153
ORDER Denying #148 Motion for Sanctions. Signed by Senior Judge James Lawrence King on 11/7/2019. See attached document for full details. (jw)
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Filing 152
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #148 Plaintiff's MOTION for Sanctions pursuant to Rule 11 in Response to Defendants Objections to the Magistrates Order [D.E. 137] and Motion for Leave to File Out-of-Time by Carnival Corporation. (Acuna, Krista)
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Filing 151
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #148 Plaintiff's MOTION for Sanctions pursuant to Rule 11 in Response to Defendants Objections to the Magistrates Order [D.E. 137] by Carnival Corporation. (Bloom, Jason)
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Filing 150
ORDER Denying Objections to Magistrate's Order On Motions In Limine (D.E. #124) Signed by Senior Judge James Lawrence King on 11/1/2019. See attached document for full details. (jw)
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Filing 149
Notice of Supplemental Authority re #137 Defendant's OBJECTION of Magistrate Judge #124 Order on Motion in Limine to District Court by Carnival Corporation (Attachments: #1 Exhibit Order Denying Motion for Reconsideration) (Acuna, Krista)
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Filing 148
Plaintiff's MOTION for Sanctions pursuant to Rule 11 by Earline McBride. (Attachments: #1 Exhibit A, Dr. Roush depo excerpt)(Quiggle, Jessica)
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Filing 147
Clerks Notice of Docket Correction re #144 Order Cancelling Calendar Call Hearing, and Setting #1 Jury Trial (Jury Trial set in the Miami Division of Court before Judge James Lawrence King on December 2, 2019 at 10:00 a.m., in Courtroom II, Eleventh Floor). Docket Text Modified by Clerk. (jw)
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Set Hearing Jury Trial set for 12/2/2019 10:00 AM in Miami Division before Senior Judge James Lawrence King. Terminated Bench Trial set in error in DE #144 . (mf)
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Filing 146
REPLY to Response to Motion re #137 Defendant's OBJECTION of Magistrate Judge #124 Order on Motion in Limine to District Court filed by Carnival Corporation. (Acuna, Krista)
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Filing 145
REPLY to Response to Motion re #136 Plaintiff's MOTION Plaintiff's Objections to the Magistrate's Order on Plaintiff's Motion in Limine [D.E. 124] re #124 Order on Motion in Limine filed by Earline McBride. (Quiggle, Jessica)
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Filing 144
Order Cancelling Calendar Call Hearing and Setting #1 Jury Trial on One Week Trial Calendar of December 2, 2019., ( Bench Trial set for 12/2/2019 10:00 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor.) Signed by Senior Judge James Lawrence King on 10/7/2019. See attached document for full details. (jw)
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Filing 143
TRANSCRIPT of Final Pretrial Conference held on 9/6/2019 before Senior Judge James Lawrence King, 1-54 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@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 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/5/2020. (ilz)
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Filing 142
RESPONSE in Opposition re #136 Plaintiff's MOTION Plaintiff's Objections to the Magistrate's Order on Plaintiff's Motion in Limine [D.E. 124] re #124 Order on Motion in Limine filed by Carnival Corporation. Replies due by 10/10/2019. (Acuna, Krista)
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Filing 141
RESPONSE in Opposition re #137 Defendant's OBJECTION of Magistrate Judge #124 Order on Motion in Limine to District Court filed by Earline McBride. Replies due by 10/10/2019. (Attachments: #1 Exhibit A, Dr. Roush depo excerpt)(Quiggle, Jessica)
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Filing 140
NOTICE of Compliance with Request for Copies by Carnival Corporation (Acuna, Krista)
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Filing 139
Exhibit List Plaintiff's Amended Exhibit List by Earline McBride.. (Quiggle, Jessica)
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Filing 138
Witness List Amended Witness List by Carnival Corporation.. (Acuna, Krista)
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Filing 137
Defendant's OBJECTION of Magistrate Judge #124 Order on Motion in Limine to District Court (Acuna, Krista)
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Filing 136
Plaintiff's MOTION Plaintiff's Objections to the Magistrate's Order on Plaintiff's Motion in Limine [D.E. 124] re #124 Order on Motion in Limine by Earline McBride. (Quiggle, Jessica)
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Filing 135
NOTICE by Earline McBride of Filing Transcript of Second MIL Hearing before Hon. Mag. Becerra on August 28, 2019 (Attachments: #1 Transcripts) (Quiggle, Jessica)
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Filing 134
TRANSCRIPT of motion hearing held on 8-28-2019 before Magistrate Judge Jacqueline Becerra, 1-34 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@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 10/9/2019. Redacted Transcript Deadline set for 10/21/2019. Release of Transcript Restriction set for 12/17/2019. (dwh)
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Filing 133
Proposed Jury Instructions by Earline McBride. (Quiggle, Jessica)
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Filing 132
PRETRIAL STIPULATION Parties Joint Statement of the Case by Earline McBride (Quiggle, Jessica)
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Filing 131
Proposed Voir Dire Questions by Earline McBride. (Quiggle, Jessica)
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Filing 130
Proposed Voir Dire Questions by Carnival Corporation. (Acuna, Krista)
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Filing 129
ORDER Denying #119 Motion for Leave to File Supplemental Motion for Summary Judgment. Signed by Senior Judge James Lawrence King on 9/9/2019. See attached document for full details. (jw)
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Filing 128
TRANSCRIPT of Evidentiary Hearing held on August 15, 2019 before Senior Judge James Lawrence King, 1-43 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@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 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (ilz)
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Filing 127
PAPERLESS Minute Entry for proceedings held before Senior Judge James Lawrence King: Final Pretrial Conference held on 9/6/2019. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Elisha Sullivan, Krista Fowler Acuna, Jessica Pierce Quiggle, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (ch1)
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Filing 126
Exhibit List (Amended) by Carnival Corporation.. (Acuna, Krista)
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Filing 125
RESPONSE in Opposition re #119 Defendant's MOTION for Leave to File Supplemental Motion for Summary Judgment filed by Earline McBride. Replies due by 9/12/2019. (Quiggle, Jessica)
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Filing 124
ORDER granting in part and denying in part #74 Motion in Limine. Signed by Magistrate Judge Jacqueline Becerra on 9/5/2019. See attached document for full details. (jv00)
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Filing 123
Defendant's MOTION for clarification #117 Motion Hearing, by Carnival Corporation. Responses due by 9/19/2019 (Acuna, Krista)
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Filing 122
PRETRIAL STIPULATION Joint Pretrial Stipulation by Carnival Corporation (Attachments: #1 Exhibit A - Plaintiff's Exhibit List, #2 Exhibit B - Defendant's Exhibit List, #3 Exhibit C - Plaintiff's Witness List, #4 Exhibit D - Defendant's Witness List)(Acuna, Krista)
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Filing 121
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Motion Hearing held on 8/28/2019 re #74 Plaintiff's MOTION in Limine filed by Earline McBride. Order to follow. Total time in court: 50 minutes. Attorney Appearance(s): Krista Fowler Acuna, Jessica Pierce Quiggle. (Digital 12:23:11) (wc)
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Filing 120
NOTICE by Carnival Corporation of filing of Transcript of Hearing on Plaintiff's Motion in Limine before The Hon Jacqueline Bacerra on July 23, 2019 (Attachments: #1 Transcripts) (Acuna, Krista)
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Filing 119
Defendant's MOTION for Leave to File Supplemental Motion for Summary Judgment by Carnival Corporation. (Attachments: #1 Exhibit Carnival's Supplemental Motion for Summary Judgement, #2 Text of Proposed Order Proposed Order on Motion for Leave to File Supplemental Motion for Summary Judgment)(Acuna, Krista)
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Filing 118
TRANSCRIPT of hearing on Plaintiff's motion in limine held on 7-23-2019 before Magistrate Judge Jacqueline Becerra, 1-38 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@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 9/12/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/20/2019. (dwh)
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Filing 117
Minute Entry for proceedings held before Senior Judge James Lawrence King: Motion Hearing held on 8/15/2019 re #81 Plaintiff's MOTION to Strike Defense Expert Nicole Bonaparte under Daubert filed by Earline McBride. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (jw)
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Filing 116
PAPERLESS AMENDED ORDER Setting Continued Hearing on Plaintiff's #74 Motion in Limine. The parties shall appear for a hearing on the #74 Motion in Limine before Magistrate Judge Jacqueline Becerra on Wednesday, August 28, 2019 at 12:00 p.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida 33132. Signed by Magistrate Judge Jacqueline Becerra on 8/13/2019. (amz)
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Filing 115
PAPERLESS ORDER Setting Continued Hearing on Plaintiff's #74 Motion in Limine. The parties shall appear for a hearing on the #74 Motion in Limine before Magistrate Judge Jacqueline Becerra on Thursday, September 5, 2019 at 10:00 a.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida 33132. Signed by Magistrate Judge Jacqueline Becerra on 8/13/2019. (amz)
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Filing 114
ORDER Denying Without Prejudice #79 Motion in Limine. Signed by Senior Judge James Lawrence King on 8/2/2019. See attached document for full details. (jw)
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Filing 113
ORDER Granting In Part and Denying In Part #84 Motion for Summary Judgment. Signed by Senior Judge James Lawrence King on 8/1/2019. See attached document for full details. (jw)
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Filing 112
ORDER Setting Evidentiary Hearing on Motion #81 Plaintiff's MOTION to Strike Defense Expert Nicole Bonaparte under Daubert : Motion Evidentiary Hearing set for 8/15/2019 10:30 AM in Miami Division before Senior Judge James Lawrence King in Courtroom II, Eleventh Floor. Signed by Senior Judge James Lawrence King on 7/31/2019. See attached document for full details. (jw)
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Filing 111
PAPERLESS ORDER denying as moot #86 Motion for Protective Order. See DE 38. Signed by Senior Judge James Lawrence King on 7/31/2019. (ss00)
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Filing 110
Notice of Supplemental Authority re 100 Order,,, by Earline McBride (Attachments: #1 Supplement Bourque v. Diamond M. Drilling Co., 623 F.2d 351, 354 (5th Cir. 1980), #2 Supplement Haughton v. Blackships, Inc., 462 F.2d 788, 790 (5th Cir. 1972), #3 Supplement Eichel v. New York Cent. R.R. Co., 375 U.S. 253, 254-55, 84 S. Ct. 316, 317 (1963), #4 Supplement Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247, 1255-57 (Fla. 2015), #5 Supplement Sheffield v. Superior Ins. Co., 800 So. 2d 197, 203 (Fla. 2001), #6 Supplement Cosimano v. Township of Union, Civil Action No. 10-5710 (JLL), 2017 WL 1395493, *1-2 (D. N.J. April 17, 2017), #7 Supplement Bellezza v. Menendez, No. 4D17-3277, 2019 WL 2019284 (Fla. 4th DCA May 8, 2019), #8 Supplement Tennant v. Handi-House Mfg. Co., No. 3:16-cv-1276-J-25MCR, 2018 WL 8248898, *3 (M.D. Fla. July 26, 2018), #9 Supplement Younkin v. Blackwelder, No. 5D18-3548, 2019 WL 847548, *2 (Fla. 5th DCA Feb. 22, 2019), #10 Supplement Siplin v. Carnival Corp., No. 17-civ-23741, 2018 WL 3439452, *5 (S.D. Fla. July 17, 2018), #11 Supplement Thompson v. Carnival Corp., No. 18-cv-20740-CMM, Order Granting in Part Plaintiffs Motion in Limine, D.E. 63 at 9-12 (S.D. Fla. July 15, 2019); Plaintiffs Motion for Reconsideration filed 7/24/19, D.E. 67) (Quiggle, Jessica)
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Filing 109
Notice of Supplemental Authority re 100 Order,,, by Carnival Corporation (Attachments: #1 Supplement In Re: American Airlines Flight 331, #2 Supplement Disla v. Blanco, #3 Supplement Barr v. Ewing, #4 Supplement Vazquez v. Martinez) (Sullivan, Elisha)
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Filing 108
REPLY to Response to Motion re #79 Defendant's MOTION in Limine to Exclude Reference and/or Evidence of Prior and Subsequent Incidents filed by Carnival Corporation. (Sullivan, Elisha)
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Filing 107
REPLY to Response to Motion re #86 Second MOTION for Protective Order filed by Earline McBride. (Quiggle, Jessica)
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Filing 106
RESPONSE in Support re #80 Defendant's MOTION in Limine Omnibus Motion in Limine filed by Carnival Corporation. (Acuna, Krista)
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Filing 105
REPLY to Response to Motion re #81 Plaintiff's MOTION to Strike Defense Expert Nicole Bonaparte under Daubert filed by Earline McBride. (Quiggle, Jessica)
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Filing 104
REPLY to Response to Motion re #84 Defendant's MOTION for Summary Judgment filed by Carnival Corporation. (Attachments: #1 Exhibit A - Deposition of Fritz Charles, #2 Exhibit B - Deposition of Andrius Zickevicius, #3 Exhibit C - Deposition of Andrew Leiva, #4 Exhibit D - Deposition of Earline McBride)(Acuna, Krista)
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Filing 103
ORDER Denying #75 Plaintiff's Second Motion for Partial Summary Judgment. Signed by Senior Judge James Lawrence King on 7/26/2019. See attached document for full details. (jw)
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Filing 102
Unopposed MOTION for Leave to File second Partial Summary Judgment Motion and Motion for Relief from Local Rule 7.1(c) by Earline McBride. (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 101
OMNIBUS ORDER ON DAUBERT MOTIONS. Signed by Senior Judge James Lawrence King on 7/25/2019. See attached document for full details. (jw)
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Filing 100
PAPERLESS ORDER. Pursuant to the Court's instructions during the July 23, 2019 Discovery Hearing, the parties may file a Notice of Authorities with respect to two issues: (1) whether Plaintiff's selection of a doctor not covered by her health insurance is relevant to mitigation of damages, and (2) whether Worley v. Cent. Fla. Young Men's Christian Ass'n, Inc., 228 So. 3d 18 (Fla. 2017) limits cross-examination as to the physician's bias given the physician's professional relationship with Plaintiff's counsel. If the parties elect to file a Notice, they must do so by Tuesday, July 30, 2019. In addition, Plaintiff's counsel shall file with the Court a copy of any order entered in any other case, if any, where the court ruled on a defendant's ability to cross-examine Dr. Roush based on his professional relationship with Plaintiff's counsel. Signed by Magistrate Judge Jacqueline Becerra on 7/24/2019. (amz)
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Filing 99
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Motion Hearing held on 7/23/2019 re #74 Plaintiff's MOTION in Limine filed by Earline McBride. Order to Follow. Total time in court: 50 minutes. Attorney Appearance(s): Jason Benjamin Bloom, Jessica Pierce Quiggle, (Digital 12:29:31) (ra)
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Filing 98
RESPONSE in Opposition re #86 Second MOTION for Protective Order filed by Carnival Corporation. Replies due by 7/30/2019. (Acuna, Krista)
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Filing 97
NOTICE of Attorney Appearance by Jason Benjamin Bloom on behalf of Carnival Corporation. Attorney Jason Benjamin Bloom added to party Carnival Corporation(pty:dft). (Bloom, Jason)
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Filing 96
RESPONSE in Opposition re #80 Defendant's MOTION in Limine Omnibus Motion in Limine filed by Earline McBride. Replies due by 7/29/2019. (Attachments: #1 Exhibit A, Order Accepting Proposed Settlement, #2 Exhibit B, Department of Justice Press Release, #3 Exhibit C, 16-20897-CR-SEITZ, transcript of change of plea proceedings held December 20, 2016)(Quiggle, Jessica)
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Filing 95
RESPONSE in Opposition re #79 Defendant's MOTION in Limine to Exclude Reference and/or Evidence of Prior and Subsequent Incidents filed by Earline McBride. Replies due by 7/29/2019. (Attachments: #1 Exhibit A, Fore deposition, #2 Exhibit B, Carnival deposition (Leiva), #3 Exhibit C, E-mails, #4 Exhibit D, Carnival deposition (Borcegue))(Quiggle, Jessica)
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Filing 94
RESPONSE in Opposition re #84 Defendant's MOTION for Summary Judgment Amended filed by Earline McBride. Replies due by 7/29/2019. (Attachments: #1 Plaintiff's Statement of Facts in Opposition, #2 Exhibit A, Leiva depo, #3 Exhibit B, Fritz Charles depo, #4 Exhibit C, Carnival depo (Monica Borcegue), #5 Exhibit D, Zickevicius depo)(Quiggle, Jessica)
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Filing 93
RESPONSE in Opposition re #76 Defendant's MOTION to Strike or Limit Testimony of Plaintiff's Proffered Expert Frank Fore filed by Earline McBride. Replies due by 7/29/2019. (Attachments: #1 Exhibit A, Fore deposition, #2 Exhibit B, Carnival policies and procedures re: ADA, #3 Exhibit C, Carnival deposition (Monica Borcegue))(Quiggle, Jessica)
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Filing 92
RESPONSE in Opposition re #81 Plaintiff's MOTION to Strike Defense Expert Nicole Bonaparte under Daubert filed by Carnival Corporation. Replies due by 7/29/2019. (Attachments: #1 Exhibit A - CV, #2 Exhibit B - Report, #3 Exhibit C - Declaration, #4 Exhibit D - Deposition of Nicole Bonaparte, #5 Exhibit E - Guzman Order)(Acuna, Krista)
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Filing 91
RESPONSE in Opposition re #82 Plaintiff's MOTION to Strike Defense Expert Zdenek Hejzlar under Daubert filed by Carnival Corporation. Replies due by 7/29/2019. (Attachments: #1 Exhibit A - Hejzlar Report, #2 Exhibit B - Hejzlar Rebuttal Report)(Acuna, Krista)
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Filing 90
RESPONSE in Opposition re #77 Defendant's MOTION to Strike or Limit Testimony of Plaintiff's Proffered Expert Dr. Thomas Roush filed by Earline McBride. Replies due by 7/26/2019. (Attachments: #1 Exhibit A, Dr. Roush depo)(Quiggle, Jessica)
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Filing 89
MEMORANDUM in Opposition re #74 Plaintiff's MOTION in Limine by Carnival Corporation. (Attachments: #1 Exhibit Excerpts of Deposition of Columna, Inc., #2 Exhibit Excerpts of Deposition of E. McBride, #3 Exhibit Orders, #4 Exhibit Letter of Protection, #5 Exhibit Elite Medical Equipment Inc., #6 Exhibit Financial Policy, #7 Exhibit Excerpts of Dr. T. Roush Deposition)(Sullivan, Elisha)
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Filing 88
RESPONSE in Opposition re #75 Plaintiff's MOTION for Partial Summary Judgment as to Defendant's First, Second, Fourth, and Seventh Affirmative Defenses filed by Carnival Corporation. Replies due by 7/26/2019. (Attachments: #1 Exhibit Excerpts to F. Charles Deposition, #2 Exhibit Excerpts to A. Zickevicius Deposition, #3 Exhibit Excerpts to M. Borcegue Deposition, #4 Exhibit SMS Services Agreement, #5 Exhibit Orders)(Sullivan, Elisha)
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Filing 87
RESPONSE in Opposition re #84 Defendant's MOTION for Summary Judgment filed by Earline McBride. Replies due by 7/26/2019. (Attachments: #1 Plaintiff's Statement of Facts in Opposition, #2 Exhibit A, Leiva depo, #3 Exhibit B, Fritz Charles depo, #4 Exhibit C, Borcegue depo, #5 Exhibit D, Zickevicius depo)(Quiggle, Jessica)
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Filing 86
Second MOTION for Protective Order by Earline McBride. (Attachments: #1 Exhibit A, Def's notice of depo of BCBS, #2 Exhibit B, Def's notice of depo of Dr. Brenneman, #3 Exhibit C, Def's Motion directed to Dr. Brenneman, #4 Exhibit D, Def's Motion directed to BCBS, #5 Text of Proposed Order)(Quiggle, Jessica)
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Filing 85
PAPERLESS ORDER Setting Hearing on Plaintiff's #74 Motion in Limine. The parties shall appear for a hearing on the #74 Motion in Limine before Magistrate Judge Jacqueline Becerra on Tuesday, July 23, 2019 at 12:30 p.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida 33132. Signed by Magistrate Judge Jacqueline Becerra on 7/9/2019. (amz)
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Filing 84
Defendant's MOTION for Summary Judgment by Carnival Corporation. Responses due by 7/22/2019 (Attachments: #1 Exhibit Ex A Deposition of Earline McBride, #2 Exhibit Ex B Deposition of Andrius Zickevicius, #3 Exhibit Ex C Services Agreement, #4 Exhibit Ex D Deposition of Monica Borcegue, #5 Exhibit Ex E Ryan, #6 Exhibit Ex F Fore Report, #7 Exhibit Ex G Meeting Minute)(Sullivan, Elisha)
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Filing 83
PAPERLESS ORDER REFERRING #74 Plaintiff's MOTION in Limine filed by Earline McBride. Motions referred to Judge Jacqueline Becerra. Signed by Senior Judge James Lawrence King on 7/8/2019. (ch1)
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Filing 82
Plaintiff's MOTION to Strike Defense Expert Zdenek Hejzlar under Daubert by Earline McBride. Responses due by 7/22/2019 (Attachments: #1 Exhibit A, Hejzlar Report, #2 Text of Proposed Order)(Quiggle, Jessica)
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Filing 81
Plaintiff's MOTION to Strike Defense Expert Nicole Bonaparte under Daubert by Earline McBride. Responses due by 7/22/2019 (Attachments: #1 Exhibit A, Judge Keyser order striking Bonaparte, #2 Exhibit B, Bonaparte depo, #3 Text of Proposed Order)(Quiggle, Jessica)
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Filing 80
Defendant's MOTION in Limine Omnibus Motion in Limine by Carnival Corporation. (Attachments: #1 Exhibit Exhibit A - Plaintiff's Answers to Interrogatories, #2 Exhibit Exhibit B - Deposition of Earline McBride, #3 Exhibit Exhibit C - Meeting Minute, #4 Exhibit Exhibit D - Deposition of Monica Borcegue, #5 Exhibit Exhibit E - 2 minute trainer)(Sullivan, Elisha)
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Filing 79
Defendant's MOTION in Limine to Exclude Reference and/or Evidence of Prior and Subsequent Incidents by Carnival Corporation. (Attachments: #1 Exhibit Exhibit A - Carnival Amended Answer to Interrogatory, #2 Exhibit Exhibit B - Ryan Incident, #3 Exhibit Exhibit C - Fore Report)(Sullivan, Elisha)
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Filing 77
Defendant's MOTION to Strike or Limit Testimony of Plaintiff's Proffered Expert Dr. Thomas Roush by Carnival Corporation. Responses due by 7/22/2019 (Attachments: #1 Exhibit Exhibit A - Narrative Report, #2 Exhibit Exhibit B - May 23 2019 Deposition Thomas Roush, #3 Exhibit Exhibit C - Deposition of Earline McBride, #4 Exhibit Exhibit D - July 1 2009 Report, #5 Exhibit Exhibit E - August 21 2009 Report, #6 Exhibit Exhibit F - October 26 2009 Report, #7 Exhibit Exhibit G - May 11 2016 Report, #8 Exhibit Exhibit H - June 13 2019 Deposition of Thomas Roush, #9 Exhibit Exhibit I - June 19 2019 Deposition of Thomas Roush)(Sullivan, Elisha)
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Filing 76
Defendant's MOTION to Strike or Limit Testimony of Plaintiff's Proffered Expert Frank Fore by Carnival Corporation. Responses due by 7/22/2019 (Attachments: #1 Exhibit Report of Frank Fore, #2 Exhibit Deposition of Frank Fore)(Sullivan, Elisha)
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SYSTEM ENTRY - Docket Entry 78 [misc] restricted/sealed until further notice. (1131867)
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Filing 75
Plaintiff's MOTION for Partial Summary Judgment as to Defendant's First, Second, Fourth, and Seventh Affirmative Defenses by Earline McBride. Responses due by 7/19/2019 (Attachments: #1 Exhibit A, Borcegue depo, #2 Text of Proposed Order)(Quiggle, Jessica)
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Filing 74
Plaintiff's MOTION in Limine by Earline McBride. (Attachments: #1 Exhibit A, Def's Notice of Depo of Blue Cross Blue Shield, #2 Text of Proposed Order)(Quiggle, Jessica)
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Filing 73
ORDER denying #70 Motion for Reconsideration. Signed by Senior Judge James Lawrence King on 7/2/2019. See attached document for full details. (ch1)
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Filing 72
RESPONSE in Opposition re #70 Plaintiff's MOTION for Reconsideration re #69 Order on Motion for Partial Summary Judgment, Order on Motion to Amend/Correct as to Court's Denial of Leave to Amend only by Interlineation filed by Carnival Corporation. Replies due by 6/28/2019. (Acuna, Krista)
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Filing 71
NOTICE by Earline McBride of Serving Expert Rebuttal Report (Attachments: #1 Exhibit A1, #2 Exhibit A2) (Billera, John)
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Filing 70
Plaintiff's MOTION for Reconsideration re #69 Order on Motion for Partial Summary Judgment, Order on Motion to Amend/Correct as to Court's Denial of Leave to Amend only by Earline McBride. (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 69
ORDER Denying #51 Motion for Partial Summary Judgment as to Liability or to Amend Complaint. Signed by Senior Judge James Lawrence King on 5/30/2019. See attached document for full details. (jw)
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Filing 68
REPLY to Response to Motion re #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation filed by Earline McBride. (Attachments: #1 Exhibit A, Carnival depo tx, #2 Exhibit B, Mr. Charles depo tx, #3 Exhibit C, Ms. Ryan e-mail, #4 Exhibit D, Plaintiff's Notice of 30(b)(6) depo)(Quiggle, Jessica)
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Filing 67
Witness List by Earline McBride.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Billera, John)
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Filing 66
RESPONSE in Opposition re #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation filed by Carnival Corporation. Replies due by 5/24/2019. (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)(Acuna, Krista)
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Filing 65
ORDER Granting #63 Plaintiff's Motion for Protective Order. Signed by Senior Judge James Lawrence King on 5/3/2019. See attached document for full details. (jw)
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Filing 64
RESPONSE to Motion re #63 Plaintiff's EMERGENCY MOTION with Certification of Emergency included Emergency Motion for Protective Order, with ruling requested before May 6, 2019 filed by Carnival Corporation. Replies due by 5/10/2019. (Attachments: #1 Exhibit Exhibit A)(Acuna, Krista)
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Filing 63
Plaintiff's EMERGENCY MOTION with Certification of Emergency included Emergency Motion for Protective Order, with ruling requested before May 6, 2019 by Earline McBride. Responses due by 5/16/2019 (Attachments: #1 Exhibit A, Notice of Vessel Inspection, #2 Exhibit B, e-mails between counsel, #3 Text of Proposed Order)(Quiggle, Jessica)
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Filing 62
ORDER Granting #61 Motion to Amend/Correct. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Senior Judge James Lawrence King on 5/1/2019. See attached document for full details. (jw)
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Filing 61
Agreed MOTION to Amend/Correct #59 Order on Motion for Extension of Time on Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadline by Carnival Corporation. Responses due by 5/14/2019 (Attachments: #1 Text of Proposed Order)(Acuna, Krista)
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Filing 60
ORDER Granting #58 Motion for Clarification. Signed by Senior Judge James Lawrence King on 4/25/2019. See attached document for full details. (jw)
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Filing 59
ORDER Granting #57 Motion for Extension of Time. Signed by Senior Judge James Lawrence King on 4/25/2019. See attached document for full details. (jw)
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Filing 58
Agreed MOTION for clarification #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation, #56 Order on Motion for Extension of Time to File Response/Reply/Answer by Carnival Corporation. Responses due by 5/8/2019 (Acuna, Krista)
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Filing 57
Unopposed MOTION for Extension of Time of Expert Disclosure Deadline re #38 Scheduling Order,,, by Earline McBride. Responses due by 5/7/2019 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 56
ORDER Granting #52 Motion for Extension of Time to File Response to Motion. Signed by Senior Judge James Lawrence King on 3/13/2019. See attached document for full details. (jw)
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Filing 55
NOTICE by Earline McBride re #52 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation of Filing Defendant's 7.1 conf. (Quiggle, Jessica)
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Filing 54
REPLY to #53 Response in Opposition to Motion,, #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation, #52 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation by Carnival Corporation. (Acuna, Krista)
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Filing 53
RESPONSE in Opposition re #52 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation filed by Earline McBride. Replies due by 3/19/2019. (Attachments: #1 Exhibit A, Plaintiff's depo notices, #2 Exhibit B, Fritz Charles depo notice and notice of cancellation)(Quiggle, Jessica)
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Filing 52
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #51 Plaintiff's MOTION for Partial Summary Judgment as to LiabilityPlaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation by Carnival Corporation. (Attachments: #1 Exhibit Deposition Transcript of Andrew Leiva, #2 Text of Proposed Order Proposed Order)(Acuna, Krista)
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Filing 51
Plaintiff's MOTION for Partial Summary Judgment as to Liability, Plaintiff's MOTION to Amend/Correct #1 Complaint via Interlineation by Earline McBride. Responses due by 3/14/2019 (Attachments: #1 Exhibit A, Pltf's depo, #2 Exhibit B, SMS depo, #3 Exhibit C, Leiva depo, #4 Exhibit D, Def's discovery responses, #5 Exhibit E, Aff. of Dr. Roush, #6 Exhibit F, proposed Amended Complaint, #7 Text of Proposed Order)(Quiggle, Jessica)
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Filing 50
AGREED CONFIDENTIALITY ORDER Signed by Magistrate Judge Jacqueline Becerra on 2/27/2019. See attached document for full details. (drz)
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Filing 49
PAPERLESS ORDER GRANTING in part and DENYING in part #45 Motion for Protective Order and to Quash Defendant's Subpoena Duces Tecum. For the reasons stated on the record during the discovery hearing on 2/22/2019, and after being otherwise fully advised in the premises: (1) as to Areas of Inquiry 2, 3, 8 and 11, the Motion is denied; (2) as to Area of Inquiry 4 the Motion is granted; and (3) as to Areas of Inquiry 5, 6, 9 and 10, the Motion is granted without prejudice. Areas of Inquiry 1, 7, and 12 were withdrawn by Non-Party Columna. Signed by Magistrate Judge Jacqueline Becerra (JB)
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Filing 48
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Discovery Hearing held on 2/22/2019. Attorney Appearance(s): Elisha Sullivan, Santo DiGangi and Jessica Pierce Quiggle. Order to follow. (Digital 09:55:27) (dgj)
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Filing 47
NOTICE of Hearing by ATTORNEY: re #45 Third Party MOTION for Protective Order and MOTION to Quash Defendant's Subpoena Duces Tecum for Deposition Discovery Hearing set for 2/22/2019 10:00 AM in Miami Division before Magistrate Judge Jacqueline Becerra. (DiGangi, Santo)
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Filing 46
ORDER REFERRING #45 Third Party MOTION for Protective Order and MOTION to Quash Defendant's Subpoena Duces Tecum for Deposition filed by Columna, Inc. Motions referred to Judge Jacqueline Becerra. Signed by Senior Judge James Lawrence King on 1/25/2019. See attached document for full details. (ch1)
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Filing 45
Third Party MOTION for Protective Order and, MOTION to Quash Defendant's Subpoena Duces Tecum for Deposition by Columna, Inc.. Attorney Santo DiGangi added to party Columna, Inc.(pty:obj). (DiGangi, Santo)
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Filing 44
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-3 to Magistrate Judge Jacqueline Becerra. Magistrate Judge Andrea M. Simonton no longer assigned to case. (yar)
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Filing 43
AGREED ORDER granting in part and denying in part #27 Motion to Compel. Signed by Ch. Magistrate Judge Andrea M. Simonton on 11/13/2018. See attached document for full details. (AMS)
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Filing 42
NOTICE by Carnival Corporation re #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production of Filing Proposed Order (Attachments: #1 Text of Proposed Order Exhibit A) (Acuna, Krista)
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Filing 41
ORDER Setting Discovery Hearing for Wednesday, November 14, 2018, at 2:00 p.m. in Miami Division before Magistrate Judge Andrea M. Simonton. Signed by Ch. Magistrate Judge Andrea M. Simonton on 11/6/2018. See attached document for full details. (cmh)
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Filing 40
FINAL MEDIATION REPORT by Manuel R. Morales, Jr.. Disposition: Case did not settle.(Morales, Manuel)
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Filing 39
NOTICE of Mediator Selection and Hearing. Added Manuel Morales. Mediation Hearing set for 10/18/2018 @ 2:30pm. (Morales, Manuel)
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Filing 38
SCHEDULING ORDER: Final Pretrial Conference set for 9/6/2019 09:45 AM in Miami Division before Senior Judge James Lawrence King. Jury Trial set for 10/21/2019 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 10/17/2019 10:00 AM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Discovery due by 7/3/2019. Motions due by 7/8/2019. Pretrial Stipulation due by 8/30/2019. Signed by Senior Judge James Lawrence King on 7/3/2018. See attached document for full details. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 37
Agreed Confidentiality Order. Signed by Senior Judge James Lawrence King on 6/8/2018. (jw)
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Filing 36
Joint MOTION for Entry of Agreed Confidentiality Order by Earline McBride. (Attachments: #1 Text of Proposed Order Agreed Confidentiality Order)(Quiggle, Jessica)
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Filing 35
REPLY to Response to Motion re #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production , #31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production filed by Earline McBride. (Quiggle, Jessica)
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Filing 34
NOTICE by Carnival Corporation re #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production , #32 Response to Motion, of Filing Declaration of Suzanne Vazquez (Attachments: #1 Exhibit Declaration of Suzanne Vazquez) (Acuna, Krista)
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Filing 33
DOCKET ENTRY ORDER granting #31 Plaintiff's Motion for Extension of Time to File her Reply in support of #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production. The Reply may be filed on or before April 6, 2018. Signed by Ch. Magistrate Judge Andrea M. Simonton on 3/27/2018. (AMS) Modified on 3/28/2018 to correct typographical error (AMS).
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Filing 32
RESPONSE to Motion re #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production filed by Carnival Corporation. Attorney Elisha Sullivan added to party Carnival Corporation(pty:dft). Replies due by 4/3/2018. (Sullivan, Elisha)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production by Earline McBride. (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Reset Deadlines Per DE#30 Responses due by 3/27/2018 (cqs)
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Filing 30
DOCKET ENTRY ORDER granting #29 Defendant's unopposed Motion for Extension of Time to File Response to #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production. Defendant shall have up to and including March 27, 2018, to respond to Plaintiff's Motion to Compel. Signed by Ch. Magistrate Judge Andrea M. Simonton on 3/22/2018. (AMS)
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Filing 29
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production by Carnival Corporation. Attorney Krista Fowler Acuna added to party Carnival Corporation(pty:dft). (Attachments: #1 Text of Proposed Order)(Acuna, Krista)
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Filing 28
ORDER REFERRING #27 Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production filed by Earline McBride. Motions referred to Judge Andrea M. Simonton Signed by Senior Judge James Lawrence King on 3/9/2018. (jw)
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Filing 27
Plaintiff's MOTION to Compel Better Answers to Interrogatories and Requests for Production by Earline McBride. Responses due by 3/22/2018 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 26
ORDER granting #25 Motion for Extension of Time to compel better discovery responses, if necessary, up to and including February 28, 2018. Signed by Senior Judge James Lawrence King on 1/4/2018. (as01)
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Filing 25
Second MOTION for Extension of Time to move to compel better discovery responses Unopposed re #18 Unopposed MOTION for Extension of Time to move to compel better discovery responses by Earline McBride. Responses due by 1/3/2018 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Attorney Valentina M. Tejera terminated per #24 Order. (yha)
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Filing 24
ORDER GRANTING re #23 Stipulation for Substitution of Counsel filed by Carnival Corporation. Signed by Senior Judge James Lawrence King on 12/15/2017. (jw)
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Filing 23
STIPULATION for Substitution of Counsel by Carnival Corporation (Gutwein, Evan)
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Filing 22
Certificate of Interested Parties/Corporate Disclosure Statement by Carnival Corporation identifying Other Affiliate Nautilus Insurance Company, Other Affiliate Hamilton Miller & Birthisel, Other Affiliate SMS International Shore Operations US, Inc. for Carnival Corporation (Gutwein, Evan)
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Filing 21
ORDER Granting #19 Motion for Extension of Time. Signed by Senior Judge James Lawrence King on 12/13/2017. (jw)
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Filing 20
NOTICE of Attorney Appearance by Jerry Dean Hamilton on behalf of Carnival Corporation. Attorney Jerry Dean Hamilton added to party Carnival Corporation(pty:dft). (Hamilton, Jerry)
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Filing 19
Joint MOTION to Stay re #16 Scheduling Order,,, ( Responses due by 12/27/2017), MOTION for Extension of Time for 60 day stay of action or extension of time of deadlines set forth in Amended Scheduling Order by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Tejera, Valentina)
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Filing 18
Unopposed MOTION for Extension of Time to move to compel better discovery responses by Earline McBride. Responses due by 12/4/2017 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica)
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Filing 17
FINAL MEDIATION REPORT by Cori Flam Meltzer. Disposition: Case did not settle.(Meltzer, Cori)
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Filing 16
AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 4/3/2018 09:45 AM in Miami Division before Senior Judge James Lawrence King. Jury Trial set for 6/18/2018 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 6/14/2018 10:00 AM in Miami Division before Senior Judge James Lawrence King. Discovery due by 2/7/2018. Motions due by 2/12/2018. Pretrial Stipulation due by 4/6/2018. Signed by Senior Judge James Lawrence King on 9/25/2017. (ch1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 15
ORDER granting #13 Motion for Extension of Time to Complete Discovery. Signed by Senior Judge James Lawrence King on 9/25/2017. (ch1)
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Filing 14
Clerks Notice to Filer re #13 Joint MOTION for Extension of Time to complete discovery, exchange expert reports, and file motions, etc. re #9 Scheduling Order,,,. Wrong Motion Relief(s) Selected; 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. (ls)
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Filing 13
Joint Motion for Extension of Time to Complete Discovery by Earline McBride. Attorney Jessica Pierce Quiggle added to party Earline McBride(pty:pla). Responses due by 10/5/2017 (Attachments: #1 Text of Proposed Order)(Quiggle, Jessica) Modified Relief on 9/21/2017 (ls).
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Filing 12
NOTICE of Mediator Hearing. Michael P. Essington selected. Mediation Hearing set for 09/13/2017 at 2:00 p.m.. (Essington, Michael)
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Filing 11
Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2017-18 to Magistrate Judge Andrea M. Simonton. (vjk)
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Filing 10
Joint SCHEDULING REPORT - Rule 26(f) by Earline McBride (Attachments: #1 Exhibit Joint Scheduling Form)(Billera, John)
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Filing 9
SCHEDULING ORDER: Final Pretrial Conference set for 2/2/2018 09:45 AM in Miami Division before Senior Judge James Lawrence King. Jury Trial set for 4/2/2018 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 3/29/2018 10:00 AM in Miami Division before Senior Judge James Lawrence King. Discovery due by 11/29/2017. Motions due by 12/4/2017. Pretrial Stipulation due by 1/26/2018. Signed by Senior Judge James Lawrence King on 12/27/2016. (jw) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 8
Certificate of Interested Parties/Corporate Disclosure Statement by Carnival Corporation (Tejera, Valentina)
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Filing 7
ANSWER and Affirmative Defenses to Complaint by Carnival Corporation. Attorney Valentina M. Tejera added to party Carnival Corporation(pty:dft). (Tejera, Valentina)
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Filing 6
Clerks Notice of Docket Correction re #5 Summons Issued. Document Restricted Due to Error; The correct document has been attached to this notice. (pes)
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Filing 5
Summons Issued as to Carnival Corporation. (pes)
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Filing 4
Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pes)
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Filing 3
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (pes)
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Filing 2
Judge Assignment to Senior Judge James Lawrence King (pes)
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Filing 1
COMPLAINT against Carnival Corporation. Filing fees $ 400.00 receipt number 113C-9276150, filed by Earline McBride. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Billera, John) Modified text on 11/23/2016 (pes).
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