Bittner v. Marriott International Inc.
| Michaela Bittner |
| Marriott International Inc. |
| 1:2018cv25243 |
| December 13, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Andrea M Simonton |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 STATUS REPORT (Joint) by Marriott International Inc. (Shaughnessy, Kevin) |
Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Stay Proceedings Pending Transfer By the Judicial Panel on Multidistrict Litigation. #14 . Therein, Defendant notifies the Court that the Complaint #1 in the above-styled cause concerns an incident that has been the subject of sixty (60) other complaints against Defendant filed in courts across the United States. On December 3, 2018, prior to the filing of the Complaint, a plaintiff in another action moved the Judicial Panel on Multidistrict Litigation ("JPML") to transfer and consolidate all actions relating to the above-mentioned incident pursuant to 28 U.S.C. 1407. Federal district courts have the inherent authority to stay proceedings for the sake of advancing judicial economy and efficiency. J.D. Pharm. Distributors, Inc. v. Save-On Drugs & Cosmetics Corp., 893 F.2d 1201, 1209 (11th Cir. 1990). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, Defendant's Unopposed Motion to Stay Proceedings Pending Transfer By the Judicial Panel on Multidistrict Litigation #14 is hereby GRANTED. Proceedings in this case are STAYED pending a determination by the JPML as to whether this case should be transferred or consolidated with other pending matters. Defendants shall file with the Court a report as to the status of the JPML proceedings upon any significant event related to this issue, and in any event shall file a status report no later than February 8, 2019. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case until this stay is lifted by the Court. Signed by Chief Judge K. Michael Moore on 1/4/2019. (osk)
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| Filing 14 Unopposed MOTION for entry of Stipulated Order Suspending Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation by Marriott International Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Shaughnessy, Kevin) |
| Civil Case Terminated. Closing Case. (osk) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Lisa M. Ghannoum may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to lghannoum@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Gilbert S. Keteltas may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to gketeltas@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Daniel R. Warren may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to dwarren@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
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| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa M. Ghannoum. Filing Fee $ 75.00 Receipt # 113C-11260058 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Exhibit A - Certification of Lisa M. Ghannoum, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gilbert S. Keteltas. Filing Fee $ 75.00 Receipt # 113C-11260028 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Errata A - Certification of Gilbert S. Keteltas, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel R. Warren. Filing Fee $ 75.00 Receipt # 113C-11259980 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Exhibit A - Certification of Daniel R. Warren, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin) |
| Filing 7 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Marriott International Inc. (Shaughnessy, Kevin) |
| Filing 6 NOTICE of Attorney Appearance by Kevin William Shaughnessy on behalf of Marriott International Inc.. Attorney Kevin William Shaughnessy added to party Marriott International Inc.(pty:dft). (Shaughnessy, Kevin) |
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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. Simonton's 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 12/14/2018. (osk)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 12/14/2018. (osk)
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| Filing 3 Summons Issued as to Marriott International Inc.. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. 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. 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. (ebz) |
| Filing 1 COMPLAINT against Marriott International Inc.. Filing fees $ 400.00 receipt number 113C-11240616, filed by Michaela Bittner. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Harke, Lance) |
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