Buenaventura v. NCL (Bahamas) Ltd. et al
| Geraldine Buenaventura |
| D-I Davit International, Inc., NCL (Bahamas) Ltd., Hatecke Service USA, LLC, D-1 davit international hisch gmbh and Norwegian Cruise Line |
| 1:2018cv22922 |
| July 19, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| K Michael Moore |
| Andrea M Simonton |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 42 MOTION to Dismiss #31 Amended Complaint or in the Alternative, Motion for Summary Judgment and Incorporated Memorandum of Law by D-I Davit International, Inc.. Responses due by 9/25/2018 (Attachments: #1 Supplement Declaration of Anthony P. Strasius, #2 Supplement Declaration of Joachim Wiese, #3 Text of Proposed Order)(Jones, Steven) |
| Filing 41 Defendant's MOTION to Compel Arbitration by NCL (Bahamas) Ltd., Norwegian Cruise Line. Responses due by 9/25/2018 (Attachments: #1 Exhibit CBA, #2 Exhibit Employment Agreement, #3 Exhibit Memorandum)(Eubanks, Cameron) |
| Filing 40 REPLY to Response to Motion re #21 MOTION to Remand filed by Geraldine Buenaventura. (Finklehoffe, Carol) |
| Filing 39 Defendant's MOTION to Dismiss with Prejudice #31 Amended Complaint and Alternatively for Summary Judgment by Hatecke Service USA, LLC. Responses due by 9/25/2018 (Attachments: #1 Exhibit A, #2 Exhibit B)(Oldershaw, Robert) |
| Filing 38 NOTICE of Mediator Selection and Hearing. Added Laura Bonn. Mediation Hearing set for 02/07/2019 at 10:00 am. (Finklehoffe, Carol) |
| Filing 37 Clerks Notice to Filer re #36 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add all mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional mediator. (kpe) |
| Filing 36 NOTICE of Mediator Selection and Hearing. Added Geraldine Buenaventura. Mediation Hearing set for 2/7/2019 @ 10:00 a.m.. (Finklehoffe, Carol) |
| Filing 35 RESPONSE in Opposition re #21 MOTION to Remand filed by NCL (Bahamas) Ltd., Norwegian Cruise Line. Attorney Cameron Wayne Eubanks added to party Norwegian Cruise Line(pty:dft). Replies due by 9/11/2018. (Eubanks, Cameron) |
Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Complaint. #31 . Plaintiff's Amended Complaint #31 moots Defendants' Motions to Dismiss #12 and #20 , Motion to Compel Arbitration #10 and the Unopposed Motion for an Extension of Time to Respond to the Motions to Dismiss #32 . Accordingly, UPON CONSIDERATION of the Amended Complaint #31 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motions to Dismiss #12 and #20 , Motion to Compel Arbitration #10 , and the Unopposed Motion for an Extension of Time #32 are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/29/2018. (jm01)
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| Filing 33 Clerks Notice to Filer re #32 Unopposed MOTION for Extension of Time to respond to Defendants Motions to Dismiss . 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) |
| Filing 32 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal 1 Notice of Removal (State Court Complaint), And Alternatively for Summary Judgment, #20 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), or, in the Alternative, Motion for Summary Judgment by Geraldine Buenaventura. Responses due by 9/11/2018 (Attachments: #1 Text of Proposed Order)(Finklehoffe, Carol) Modified Relief on 8/29/2018 (ls). |
| Filing 31 AMENDED COMPLAINT against All Defendants, filed by Geraldine Buenaventura. (Attachments: #1 Exhibit)(Finklehoffe, Carol) |
| Filing 30 NOTICE of Attorney Appearance by Steven Craig Jones on behalf of D-I Davit International, Inc.. Attorney Steven Craig Jones added to party D-I Davit International, Inc.(pty:dft). (Jones, Steven) |
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Filing 29
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning May 13, 2019 at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 8/23/2018. (mll)
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Filing 28
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of May 13, 2019, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on May 9, 2019, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for April 30, 2019, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 8/23/2018. (mll)
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| Filing 27 Certificate of Interested Parties/Corporate Disclosure Statement by D-I Davit International, Inc. identifying Corporate Parent d-i international-hische GmbH (Davit DE) for D-I Davit International, Inc. (Strasius, Anthony) |
| Filing 26 Notice of Entry of Parties Listed on 25 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Norwegian Cruise Line. (Finkel, Adam) |
| Filing 25 Clerks Notice to Filer re #24 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (kpe) |
| Filing 24 Certificate of Interested Parties/Corporate Disclosure Statement by NCL (Bahamas) Ltd. (Finkel, Adam) |
| Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Geraldine Buenaventura (Attachments: #1 Text of Proposed Order Proposed Order)(Finklehoffe, Carol) |
| Filing 22 Certificate of Interested Parties by Geraldine Buenaventura (Finklehoffe, Carol) |
| Filing 21 MOTION to Remand by Geraldine Buenaventura. (Attachments: #1 Exhibit, #2 Exhibit)(Finklehoffe, Carol) |
| Filing 20 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), or, in the Alternative, Motion for Summary Judgment by D-I Davit International, Inc.. Responses due by 8/31/2018 (Attachments: #1 Supplement Declaration of Joachim Wiese, #2 Supplement Declaration of Anthony P. Strasius, #3 Exhibit "A", #4 Exhibit "B", #5 Text of Proposed Order)(Strasius, Anthony) |
| Reset Deadlines per 19 Order as to #10 Defendant's MOTION to Compel Arbitration , #12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), And Alternatively for Summary Judgment. Responses due by 8/29/2018 Responses due by 8/30/2018 (asl) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for an Extension of Time to Respond to Defendant NCL (Bahamas) Ltd.'s Motion to Compel Arbitration and an extension of time to Respond to Defendant Hatecke Service USA, LLC's Motion to Dismiss. #18 . UPON CONSIDERATION of the Motion #13 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall respond to Defendant NCL (Bahamas) Ltd.'s Motion to Compel Arbitration #10 on or before August 29, 2018. Further, Plaintiff shall respond to Defendant Hatecke Service USA, LLC's Motion to Dismiss #12 on or before August 30, 2018. Signed by Chief Judge K. Michael Moore on 8/7/2018. (jm01)
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| Filing 18 Unopposed MOTION for Extension of Time to respond to Defendants Motions to Dismiss by Geraldine Buenaventura. Responses due by 8/21/2018 (Attachments: #1 Text of Proposed Order)(Finklehoffe, Carol) |
| Filing 17 NOTICE of Attorney Appearance by Carol Lynn Finklehoffe on behalf of Geraldine Buenaventura. Attorney Carol Lynn Finklehoffe added to party Geraldine Buenaventura(pty:pla). (Finklehoffe, Carol) |
| Filing 16 Notice of Pending, Refiled, Related or Similar Actions by NCL (Bahamas) Ltd. (Finkel, Adam) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant D-1 Davit International, Inc.'s ("D-1 Davit") Unopposed Motion for an Extension of Time to Respond to the Complaint. #14 . UPON CONSIDERATION of the Motion #14 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED. Defendant D-1 Davit shall respond to the Complaint on or before August 20, 2018. Signed by Chief Judge K. Michael Moore on 7/31/2018. (jm01)
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| Filing 14 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by D-I Davit International, Inc.. Attorney Anthony Peter Strasius added to party D-I Davit International, Inc.(pty:dft). (Strasius, Anthony) |
| Reset Answer Due Deadline per 15 Order : D-I Davit International, Inc. response due 8/20/2018. (asl) |
| Filing 13 NOTICE of Attorney Appearance by Jerry Dean Hamilton on behalf of Hatecke Service USA, LLC (Hamilton, Jerry) |
| Filing 12 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), And Alternatively for Summary Judgment by Hatecke Service USA, LLC. Responses due by 8/10/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Oldershaw, Robert) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Notice to Strike the Motion to Compel. #9 . Defendant filed a corrected Motion to Compel at #10 . UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Compel at #8 is STRICKEN. Signed by Chief Judge K. Michael Moore on 7/27/2018. (jm01)
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| Filing 10 Defendant's MOTION to Compel Arbitration by NCL (Bahamas) Ltd.. Responses due by 8/9/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Finkel, Adam) |
| Filing 9 NOTICE of Striking #8 Defendant's MOTION to Compel Arbitration filed by NCL (Bahamas) Ltd. by NCL (Bahamas) Ltd. (Finkel, Adam) |
| Filing 8 STRICKEN Defendant's MOTION to Compel Arbitration by NCL (Bahamas) Ltd.. Responses due by 8/9/2018 (Finkel, Adam) Modified on 7/27/2018 per DE 11 Paperless Order (kpe). |
| Filing 7 NOTICE of Attorney Appearance by Adam Cory Finkel on behalf of NCL (Bahamas) Ltd.. Attorney Adam Cory Finkel added to party NCL (Bahamas) Ltd.(pty:dft). (Finkel, Adam) |
| Filing 6 NOTICE of Attorney Appearance by Scott P. Mebane on behalf of NCL (Bahamas) Ltd.. Attorney Scott P. Mebane added to party NCL (Bahamas) Ltd.(pty:dft). (Mebane, Scott) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simontons discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 7/22/2018. (mll)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 7/22/2018. (mll)
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| Filing 3 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (dj) |
| Filing 2 Clerks Notice Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (dj) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number 113C-10832909, filed by NCL (Bahamas) Ltd.. (Attachments: #1 Exhibit State Court File, #2 Exhibit Employment Agreement, #3 Civil Cover Sheet)(Eubanks, Cameron) |
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