Carpio v. NCL (Bahamas) Ltd. et al
Plaintiff: Jelen Carpio
Defendant: D-I Davit International, Inc., NCL (Bahamas) Ltd., Hatecke Service USA, LLC and d-i davit international hische gmbh
Case Number: 1:2018cv22923
Filed: July 19, 2018
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Darrin P Gayles
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2018 Opinion or Order Filing 31 PAPERLESS ORDER denying as moot #16 Motion to Dismiss in light of Amended Complaint. Signed by Judge Darrin P. Gayles (hs01)
September 11, 2018 Filing 30 MOTION to Dismiss #22 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)
September 11, 2018 Filing 29 Defendant's MOTION to Compel Arbitration and ( Responses due by 9/25/2018), MOTION to Dismiss #22 Amended Complaint by NCL (Bahamas) Ltd.. (Attachments: #1 Exhibit Employment Agreement, #2 Exhibit Memorandum, #3 Exhibit CBA, #4 Exhibit Release)(Eubanks, Cameron)
September 11, 2018 Filing 28 REPLY to Response to Motion re #17 MOTION to Remand filed by Jelen Carpio. (Finklehoffe, Carol)
September 11, 2018 Filing 27 Defendant's MOTION to Dismiss with Prejudice #22 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)
September 4, 2018 Filing 26 RESPONSE in Opposition re #17 MOTION to Remand filed by NCL (Bahamas) Ltd.. Replies due by 9/11/2018. (Eubanks, Cameron)
August 29, 2018 Opinion or Order Filing 25 PAPERLESS ORDER granting #23 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff shall have an additional two weeks to file their Response to Defendant's responsive pleading when filed. Signed by Judge Darrin P. Gayles (lfn)
August 29, 2018 Filing 24 Clerks Notice to Filer re #23 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)
August 28, 2018 Filing 23 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), and to Compel Arbitration, #7 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 , #16 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 Jelen Carpio. Responses due by 9/11/2018 (Attachments: #1 Text of Proposed Order)(Finklehoffe, Carol) Modified Relief on 8/29/2018 (ls).
August 28, 2018 Filing 22 AMENDED COMPLAINT against All Defendants, filed by Jelen Carpio.(Finklehoffe, Carol)
August 28, 2018 Filing 21 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)
August 24, 2018 Filing 20 Joint SCHEDULING REPORT - Rule 16.1 by Jelen Carpio (Finklehoffe, Carol)
August 23, 2018 Filing 19 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)
August 22, 2018 Filing 18 Certificate of Interested Parties/Corporate Disclosure Statement by NCL (Bahamas) Ltd. (Finkel, Adam)
August 20, 2018 Filing 17 MOTION to Remand by Jelen Carpio. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Finklehoffe, Carol)
August 17, 2018 Filing 16 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)
August 7, 2018 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff shall have until August 29, 2018, to file her Response to Defendant NCL (Bahamas) Ltd.'s #5 Motion to Dismiss and Compel Arbitration. Plaintiff shall have until August 30, 2018, to file her Response to Defendant Hatecke Service USA LLC's #7 Motion to Dismiss and Alternatively Motion for Summary Judgment. Signed by Judge Darrin P. Gayles on 8/7/2018. (lh00)
August 7, 2018 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendants Motions to Dismiss by Jelen Carpio. (Attachments: #1 Text of Proposed Order)(Finklehoffe, Carol)
August 6, 2018 Filing 13 NOTICE of Attorney Appearance by Carol Lynn Finklehoffe on behalf of Jelen Carpio. Attorney Carol Lynn Finklehoffe added to party Jelen Carpio(pty:pla). (Finklehoffe, Carol)
August 3, 2018 Filing 12 Notice of Pending, Refiled, Related or Similar Actions by NCL (Bahamas) Ltd. (Finkel, Adam)
July 31, 2018 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Defendant D-I Davit International, Inc.'s Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall respond to the Complaint by 8/17/18. Signed by Judge Darrin P. Gayles on 7/31/2018. (lh00)
July 31, 2018 Filing 10 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)
July 30, 2018 Opinion or Order Filing 9 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 8/24/2018, the parties shall: (1) prepare and file a Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements; (2) prepare and file a Joint Proposed Scheduling Order, adhering to the format and guidance of the attached form; and (3) complete and file the attached magistrate election forms. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 7/30/2018. (lh00)
July 30, 2018 Filing 8 NOTICE of Attorney Appearance by Robert Matthew Oldershaw on behalf of Hatecke Service USA, LLC (Oldershaw, Robert)
July 27, 2018 Filing 7 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. Attorney Robert Matthew Oldershaw added to party Hatecke Service USA, LLC(pty:dft). Responses due by 8/10/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Oldershaw, Robert)
July 26, 2018 Filing 6 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)
July 26, 2018 Filing 5 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), and to Compel Arbitration by NCL (Bahamas) Ltd.. Responses due by 8/9/2018 (Attachments: #1 Exhibit Employment Agreement, #2 Exhibit Memorandum Circular, #3 Exhibit Collective Bargaining Agreement, #4 Exhibit Release and Joint Motion to Dismiss)(Eubanks, Cameron)
July 26, 2018 Filing 4 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)
July 20, 2018 Filing 3 PAPERLESS 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 dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 7/20/2018. (lh00)
July 20, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas)
July 19, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number 113C-10832967, filed by NCL (Bahamas) Ltd.. (Attachments: #1 Exhibit Employment Agreement, #2 Exhibit State Court File, #3 Exhibit Joint Motion to Dismiss and Release, #4 Civil Cover Sheet)(Eubanks, Cameron)

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Plaintiff: Jelen Carpio
Represented By: Michael A. Winkleman
Represented By: Jason Robert Margulies
Represented By: Adria G Notari
Represented By: Carol Lynn Finklehoffe
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Defendant: D-I Davit International, Inc.
Represented By: Anthony Peter Strasius
Represented By: Steven Craig Jones
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Defendant: NCL (Bahamas) Ltd.
Represented By: Curtis Jay Mase
Represented By: Cameron Wayne Eubanks
Represented By: Adam Cory Finkel
Represented By: Scott P. Mebane
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Defendant: Hatecke Service USA, LLC
Represented By: Robert Matthew Oldershaw
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Defendant: d-i davit international hische gmbh
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