Doe v. Carnival Corporation
Plaintiff: Jane Doe
Defendant: CARNIVAL CORPORTAION, Carnival Corporation and Carnival Corporation doing business as Carnival Cruise Line
Case Number: 1:2019cv24766
Filed: November 18, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Edwin G Torres
Referring Judge: Kathleen M Williams
Nature of Suit: Marine
Cause of Action: 28 U.S.C. § 1332 Diversity
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2022 Opinion or Order Filing 310 PAPERLESS ORDER. THIS MATTER is before the Court on various outstanding motions. It is ORDERED AND ADJUDGED as follows: #276 Defendant's Motion Requesting a Telephonic Status Conference or for an Order Permitting Dr. Kaia Calbeck to be Called out of Turn is DENIED AS MOOT, given that the Court permitted Dr. Calbeck to testify on July 13, 2022 and Defendant thereafter elected not to re-call Dr. Calbeck to testify. #283 Defendant's Motion for Reconsideration to Allow Dr. Kaia Calbeck to Testify in Person and to Require Plaintiff's Expert Dr. Cheri Surloff to Submit Amended Disclosures is GRANTED IN PART AND DENIED IN PART. #283 Defendant's Motion is DENIED AS MOOT with respect to Dr. Calbeck's testimony, given that Defendant elected not to re-call Dr. Calbeck following her brief testimony on July 13, 2022. #283 Defendant's Motion is GRANTED IN PART with respect to Defendant's request that Plaintiff make certain disclosures with respect to the documents and materials that Dr. Surloff relied on in preparing her expert report. #284 Plaintiff's Motion to Strike Defendant's Expert Dr. Kaia Calbeck is DENIED, given that Dr. Calbeck only briefly testified during the Jury Trial before Plaintiff raised the Fed. R. Civ. P. 26 issues discussed in the Motion and that Defendant elected not to re-call Dr. Calbeck to testify afterwards. #296 Defendant's Renewed Motion for Reconsideration of #197 the Court's Order on Plaintiff's Motion for Partial Summary Judgment is DENIED, as discussed during the Jury Trial on July 18, 2022. #298 Plaintiff's Motion for the Court to Take Judicial Notice of a Chart Containing Statistics is DENIED, as discussed during the Jury Trial on July 18, 2022. #303 Plaintiff's Motion to Strike Defendant's Pleadings or to Exclude Federal Bureau of Investigation ("FBI") Special Agent Sara Andreasen from Testifying and Motion for Monetary Sanctions is DENIED. Given that the Parties stipulated to the admission of FBI notes identified as Joint Exhibit 26, and that Defendant agreed to limit FBI Special Agent Andreasen's testimony, the Court permitted Andreasen to testify. To the extent that Plaintiff seeks monetary sanctions for any purported violations of the Federal Rules of Civil Procedure or the Court's orders, Plaintiff should seek such relief now that the Jury Trial has concluded.Finally, #304 Defendant's Counsel Tyler J. Rauh's Motion to Withdraw as Counsel is GRANTED. Tyler J. Rauh, Esq. is hereby terminated as counsel of record for Defendant Carnival Corporation.Signed by Judge Kathleen M. Williams on 7/20/2022. (sgm)
July 20, 2022 Filing 309 COURT'S INSTRUCTIONS TO THE JURY. Signed by Judge Kathleen M. Williams on 7/20/2022. See attached document for full details. (sgm)
July 19, 2022 Filing 308 Jury Questions. (mso)
July 19, 2022 Filing 307 JURY VERDICT FORM. (mso)
July 19, 2022 Filing 306 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 7 Jury Trial completed on 7/19/2022. Jurors continued there deliberations and returned a verdict. Court published the verdict and polled the jury. **Pursuant to Local Rule 5.3, unless otherwise ordered by the presiding judge, counsel must electronically file admitted exhibits within ten (10) days of the conclusion of any trial or hearing.** Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
July 18, 2022 Filing 305 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 6 Jury Trial held on 7/18/2022. Court heard additional witness testimony and reviewed admitted exhibits. Plaintiff rests. Defense rests. Charge conference held. Closing arguments. Court gave jury instructions to the jurors. Jurors began their deliberations. Jurors recessed for the evening and will resume their deliberations on 7/19/2022 at 9:00 am. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (mso)
July 18, 2022 Filing 304 MOTION to Withdraw as Attorney for Defendant by Tyler J. Rauh for / by Carnival Corporation. Responses due by 8/1/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Rauh, Tyler)
July 18, 2022 Filing 303 Plaintiff's MOTION to Strike DEFENDANT'S PLEADINGS, OR IN THE ALTERNATIVE, MOTION TO EXCLUDE FBI AGENT SARA ANDREASEN FROM TESTIFYING by Jane Doe. Responses due by 8/1/2022 (Courtney, Daniel)
July 18, 2022 Filing 302 RESPONSE in Opposition re #296 Renewed MOTION for Reconsideration re #197 Order on Motion for Partial Summary Judgment,,,,,, Order on Report and Recommendations,, filed by Jane Doe. Replies due by 7/25/2022. (Attachments: #1 Exhibit)(Courtney, Daniel)
July 17, 2022 Filing 301 NOTICE by Jane Doe NOTICE OF FILING PROPOSED JURY INSTRUCTION (Attachments: #1 Exhibit Proposed Jury Instruction) (Courtney, Daniel)
July 17, 2022 Opinion or Order Filing 300 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that on or before July 18, 2022 at 9:00 AM, Plaintiff shall respond to #296 Defendant's Renewed Motion for Reconsideration of #197 the Court's Order on Defendant's Motion for Partial Summary Judgment.Additionally, the Parties are advised that they must be present in the Courtroom at 8:45 AM on July 18, 2022 for the start of Day 6 of the Jury Trial. Signed by Judge Kathleen M. Williams on 7/17/2022. (sgm)
July 17, 2022 Filing 299 NOTICE by Carnival Corporation of Filing Agreed (Attachments: #1 Exhibit 1-Instruction 17, #2 Exhibit 2-Instruction 18, #3 Exhibit 3-Calbeck Instruction, #4 Exhibit 4-Verdict Form) (Seitz, William)
July 17, 2022 Filing 298 Plaintiff's MOTION FOR THE COURT TO TAKE JUDICIAL NOTICE OF A CHART CONTAINING STATISTICS CONTAINED IN DEFENDANT'S SEC FILING FOR 2018 by Jane Doe. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Courtney, Daniel)
July 17, 2022 Filing 297 NOTICE by Carnival Corporation of Intent to Rely on Designated Legal Precedent In Support of Rule 50 Motion (Seitz, William)
July 17, 2022 Filing 296 Renewed MOTION for Reconsideration re #197 Order on Motion for Partial Summary Judgment,,,,,, Order on Report and Recommendations,, by Carnival Corporation. (Attachments: #1 Exhibit Proposed Order)(Mase, Curtis)
July 16, 2022 Filing 295 NOTICE by Carnival Corporation of Filing Proposed Jury Instruction on No Duty to Monitor Video Cameras (Attachments: #1 Exhibit 1-Propopsed Jury Instruction, #2 Exhibit 2-Mizener v. Carnival) (Seitz, William)
July 15, 2022 Filing 294 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 5 of Jury Trial held on 7/15/2022. Court heard additional witness testimony and reviewed admitted exhibits. Court adjourned, with Trial to resume on 7/18/2022. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (mso)
July 15, 2022 Filing 293 NOTICE OF PARTIES' AGREEMENT REGARDING THE ADMISSION OF PREVIOUSLY UNSTIPULATED EXHIBITS. See attached document for full details. (sgm)
July 14, 2022 Filing 292 NOTICE by Carnival Corporation of Filing Declaration of Suzanne Vazquez-209371 (Attachments: #1 Exhibit Declaration of Suzanne Vazquez) (Cabeza, Lauren)
July 14, 2022 Filing 291 Defendant's Proffer with Respect to FBI Special Agent Sara Andreasen by Carnival Corporation. (Mase, Curtis) Text Modified on 7/15/2022 (scn).
July 14, 2022 Filing 290 NOTICE by Carnival Corporation of Serving List of Dr. Calbeck's Testimonial History (Cabeza, Lauren)
July 14, 2022 Filing 289 NOTICE by Carnival Corporation of Filing List of Carnival Cases Retaining Dr. Kaia Calbeck (Cabeza, Lauren)
July 14, 2022 Filing 288 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 4 of Jury Trial held on 7/14/2022. Court heard additional witness testimony and reviewed admitted exhibits. Court adjourned, with Trial to resume on 7/15/2022. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (mso)
July 14, 2022 Filing 286 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 3 of Jury Trial held on 7/13/2022. Court heard additional witness testimony and reviewed admitted exhibits. Court adjourned, with Trial to resume on 7/14/2022. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (sgm)
July 14, 2022 Filing 285 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: DAY 2 of Jury Trial held on 7/12/2022. Court heard witness testimony and reviewed admitted exhibits. Court adjourned, with Trial to resume on 7/13/2022. Counsel of record present. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (sgm)
July 14, 2022 Filing 284 Plaintiff's MOTION to Strike Defendant by Jane Doe. Responses due by 7/28/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Courtney, Daniel)
July 13, 2022 Filing 283 Defendant's MOTION for Reconsideration to Allow Dr. Kaia Calbeck to Testify in Person on July 14, or Thereafter Via Zoom, and to Require Plaintiff to Submit Amended Disclosures for her Expert, Dr. Cheri Surloff by Carnival Corporation. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Proposed Order)(Mase, Curtis)
July 11, 2022 Filing 282 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Jury Selection/Voir Dire held on 7/11/2022. DAY 1 Jury Trial begun on 7/11/2022. Counsel made opening statements. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
July 11, 2022 Opinion or Order Filing 280 ORDER AUTHORIZING PLAINTIFF TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM FOR TRIAL. Signed by Judge Kathleen M. Williams on 7/11/2022. See attached document for full details. (sgm)
July 11, 2022 SYSTEM ENTRY - Docket Entry 281 [order] restricted/sealed until further notice. (kpe)
July 10, 2022 Opinion or Order Filing 279 PAPERLESS ORDER. THIS MATTER is before the Court on #117 Defendant's Motion in Limine. As discussed during the June 15, 2022 and June 17, 2022 Pretrial Conferences, it is ORDERED AND ADJUDGED that #117 Defendant's Motion in Limine is GRANTED IN PART AND DENIED IN PART as follows:Defendant's first motion in limine is GRANTED IN PART AND DENIED IN PART. Plaintiff may use video exemplars produced by Defendant during discovery (including screenshots from the exemplars) at trial. Defendant's second motion in limine is GRANTED IN PART AND DENIED IN PART. Amanda Powell may testify as to what Plaintiff told her immediately upon returning to their cabin after the Subject Incident, as such testimony falls under a Fed. R. Evid. 803 exception. However, Amanda Powell may not testify as to what Plaintiff told her several hours later or the day after, as such testimony constitutes inadmissible hearsay that does not fall under any exception.Defendant's third motion in limine is DENIED with respect to the body worn camera footage of Defendant's crewmember Fredy Anggara, as it constitutes inadmissible hearsay and is, for the most part, unintelligible. However, the motion is DENIED AS MOOT with respect to the body worn camera footage of Plaintiff, given that Plaintiff does not intend to introduce such footage into evidence.Defendant's fourth motion in limine is GRANTED, given that Plaintiff has no objection. Plaintiff may not present evidence, elicit testimony, make argument, mention, or insinuate anything about the nationality of Defendant's crewmember.Defendant's fifth motion in limine is GRANTED, given that Plaintiff has no objection. Plaintiff may not present evidence, elicit testimony, make argument, mention, or insinuate anything about why Defendant hires foreign crewmembers.Defendant's sixth motion in limine is GRANTED. Any discovery dispute, discovery objection, or other information regarding how discovery proceeded in this matter may not be presented at trial and is not relevant. Further, Plaintiff may not present evidence, elicit testimony, make argument, mention, or insinuate anything regarding Defendant's alleged spoliation of evidence or Defendant's alleged failure to produce such evidence, beyond the questioning that the Court discussed with the Parties during the July 1, 2022 Status Conference.Defendant's seventh motion in limine is DENIED. Plaintiff may characterize the events of the evening when the alleged Subject Incident occurred however she chooses, so long as it is based on her personal knowledge and is otherwise admissible. If Plaintiff's characterizations are inconsistent with prior testimony, Defendant may impeach her on cross-examination.Defendant's eighth motion in limine is GRANTED. Unless there is a prior sexual assault allegation involving Defendant's crewmember Fredy Anggara, or a prior sexual assault allegation involving the particular area where the Subject Incident allegedly occurred, Plaintiff is precluded from eliciting testimony or presenting evidence about prior incidents of sexual assault on Defendant's cruises that are not substantially similar to this case. However, any such evidence that Chief Magistrate Judge Edwin G. Torres ruled is admissible is not subject to this ruling.Defendant's ninth motion in limine is GRANTED. Unless there is a prior sexual assault allegation involving Defendant's crewmember Fredy Angarra, or a prior sexual assault allegation involving the particular area where the Subject Incident allegedly occurred, Plaintiff is precluded from eliciting testimony or presenting evidence about the investigation of prior allegations or incidents of sexual assault on Defendant's cruises that are not substantially similar to this case. However, any such evidence that Chief Magistrate Judge Torres ruled is admissible is not subject to this ruling.Defendant's tenth motion in limine is DENIED with the understanding that Plaintiff does not intend to and will not elicit testimony or present evidence at trial that states or suggests that Defendant is an entity with inordinate and/or excessive profits.Signed by Judge Kathleen M. Williams on 7/10/2022. (sgm)
July 10, 2022 Opinion or Order Filing 278 PAPERLESS ORDER. THIS MATTER is before the Court on #219 #243 #251 #258 various pretrial motions. For the reasons discussed on the record during the June 17, 2022 and July 1, 2022 Pretrial Conferences, it is ORDERED AND ADJUDGED as follows: #219 Defendant's Amended Motion to Permit Certain Witnesses to be Called out of Turn and Others to Testify via Zoom is DENIED AS MOOT. #243 Plaintiff's Motion to Add Deposition Objection is GRANTED IN PART AND DENIED IN PART. #251 Defendant's Motion to Strike/Preclude Plaintiff's Expert Psychologist from Testifying is DENIED AS MOOT. #258 Defendant's Motion Requesting that the Court Address Remaining Pretrial Issues is GRANTED IN PART AND DENIED IN PART.Signed by Judge Kathleen M. Williams on 7/10/2022. (sgm)
July 8, 2022 Filing 277 RESPONSE in Opposition re #276 Defendant's MOTION Request for Telephonic Status Conference or in the Alternative an Order Permitting Dr. Calbeck to Be Called Out of Turn on Friday July 15, 2022 filed by Jane Doe. Replies due by 7/15/2022. (Attachments: #1 Exhibit Email)(Courtney, Daniel)
July 8, 2022 Filing 276 Defendant's MOTION Request for Telephonic Status Conference or in the Alternative an Order Permitting Dr. Calbeck to Be Called Out of Turn on Friday July 15, 2022 by Carnival Corporation. (Attachments: #1 Exhibit Email, #2 Exhibit Email, #3 Exhibit Proposed Order)(Mase, Curtis) Event type Modified on 7/11/2022 (scn).
July 8, 2022 Opinion or Order Filing 275 PAPERLESS ORDER. THIS MATTER is before the Court on #215 Defendant's Motion to Allow Certain Witnesses to Appear Out of Turn and Others to Testify via Zoom. Given that the Jury Trial in this matter has since been rescheduled, and these matters have been resolved at various pretrial conferences, it is ORDERED AND ADJUDGED that #215 Defendant's Motion is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 7/8/2022. (sgm)
July 8, 2022 Opinion or Order Filing 274 ORDER GRANTING IN PART AND DENYING IN PART #268 DEFENDANT'S THIRD AMENDED MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM FOR TRIAL. Signed by Judge Kathleen M. Williams on 7/8/2022. See attached document for full details. (sgm)
July 8, 2022 Opinion or Order Filing 273 ORDER GRANTING #271 PLAINTIFF'S SECOND AMENDED MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM FOR TRIAL. Signed by Judge Kathleen M. Williams on 7/8/2022. See attached document for full details. (sgm)
July 7, 2022 Filing 272 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Status Conference held on 7/7/2022. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
July 7, 2022 Filing 271 Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Jane Doe. Responses due by 7/21/2022 (Attachments: #1 Text of Proposed Order)(Courtney, Daniel)
July 6, 2022 Filing 270 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Tyler Joseph Rauh re #269 Notice of Change of Address, Email or Law Firm Name. Attorney Tyler Joseph Rauh has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
July 6, 2022 Filing 269 NOTICE of Change of Address, Email or Law Firm Name by Tyler Joseph Rauh (Rauh, Tyler)
July 6, 2022 Filing 268 Unopposed MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 7/20/2022 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Third Amended Unopposed Motion for Permission to Use Electronic Equipment in the Courtroom)(Cabeza, Lauren)
July 6, 2022 Filing 267 MEMORANDUM in Opposition Detailing her Objections to Defendant's Proposed Trial Exhibits by Jane Doe. (Courtney, Daniel)
July 5, 2022 Filing 266 PAPERLESS ORDER. THIS MATTER is before the Court following the July 1, 2022 Status Conference. It is ORDERED AND ADJUDGED that the five-day Jury Trial in this case is RESET to commence on July 11, 2022 before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida. Counsel and clients/client representatives should be present in Room 11-3 at 8:45 AM on the first day of trial.Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 Practices and Procedures online at #https://www.flsd.uscourts.gov. Signed by Jud ge Kathleen M. Williams on 7/5/2022. (sgm)
July 5, 2022 Filing 265 MEMORANDUM in Opposition Detailing its Objections to Plaintiff's Proposed Trial Exhibits by Carnival Corporation. (Cabeza, Lauren)
July 5, 2022 Opinion or Order Filing 264 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. As discussed during the July 1, 2022 Status Conference, it is ORDERED AND ADJUDGED that a Status Conference is SET for July 7, 2022 at 1:00 PM. Additional details will be emailed to counsel of record at a later date and time. Signed by Judge Kathleen M. Williams on 7/5/2022. (sgm)
July 1, 2022 Filing 263 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Status Conference held on 7/1/2022. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
June 30, 2022 Opinion or Order Filing 262 PAPERLESS ORDER. THIS MATTER is before the Court on #119 Defendant's Motion for Leave to File a Sur-Reply to its Response to #91 Plaintiff's Motion to Strike Pleadings and for Default Judgment. In light of #250 Chief Magistrate Judge Edwin G. Torres's Order Denying #91 Plaintiff's Motion to Strike Pleadings and for Default Judgment, it is ORDERED AND ADJUDGED that #119 Defendant's Motion for Leave is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 6/30/2022. (sgm)
June 30, 2022 Filing 261 REPLY to Response to Motion re #258 MOTION Requesting the Court Address Remaining Pretrial Issues Prior to Trial filed by Carnival Corporation. (Seitz, William)
June 28, 2022 Filing 260 REPLY to Response to Motion re #243 Plaintiff's MOTION to Add Deposition Objection, Or Alternatively to Supplement Deposition Designation filed by Jane Doe. (Courtney, Daniel)
June 28, 2022 Filing 259 RESPONSE to Motion re #258 MOTION Requesting the Court Address Remaining Pretrial Issues Prior to Trial filed by Jane Doe. Replies due by 7/5/2022. (Courtney, Daniel)
June 27, 2022 Filing 258 MOTION Requesting the Court Address Remaining Pretrial Issues Prior to Trial by Carnival Corporation. (Seitz, William)
June 24, 2022 Opinion or Order Filing 257 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that a Status Conference is SET for July 1, 2022 at 10:15 AM. Additional details will be emailed to counsel of record at a later date. Signed by Judge Kathleen M. Williams on 6/24/2022. (sgm)
June 23, 2022 Opinion or Order Filing 256 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Due to continuing unforeseen circumstances, it is ORDERED AND ADJUDGED that the Jury Trial scheduled to commence on June 27, 2022 is CANCELED and will be reset at a later date. Signed by Judge Kathleen M. Williams on 6/23/2022. (sgm)
June 22, 2022 Reset Trial Management Order Deadline per DE#255: Jury Trial reset for 6/27/2022 9:00 AM in Miami Division before Judge Kathleen M. Williams. (scn)
June 22, 2022 Opinion or Order Filing 255 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Due to continuing unforeseen circumstances, it is ORDERED AND ADJUDGED that the five-day Jury Trial in this matter is RESET to commence on June 27, 2022 at 9:00 AM before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida. The Court advises the Parties that this new start date is subject to change. Counsel should continue to monitor the docket and their emails for updates. Signed by Judge Kathleen M. Williams on 6/22/2022. (sgm)
June 22, 2022 Filing 254 PAPERLESS AMENDED ORDER re #250 Order on Sealed Motion to Compel Further Medical Exam. Upon review of the record, including the filing of Defendant's motion to strike the Plaintiff's expert psychologist and Plaintiff's response, the Court VACATES its original order denying the motion to compel. This AMENDED ORDER grants the motion in part and compels Plaintiff to appear for a supplemental psychological examination with Defendant's expert before Plaintiff departs the District. Given the extenuating circumstances resulting in the cancellation of the trial, and Plaintiff's concession in the response to the motion to strike, the grounds for a complete denial of the motion to compel examination have now changed. Thus, Defendant shall promptly arrange for the supplemental examination with Defendant's expert to be conducted before Plaintiff returns to her domicile. The examination may not last more than two hours. Signed by Ch. Magistrate Judge Edwin G. Torres on 6/22/2022. (EGT)
June 21, 2022 Filing 253 RESPONSE in Opposition re #251 Defendant's MOTION to Strike and Preclude Plaintiff Expert Psychologist, Dr. Cheri Surloff, from Testifying at Trial filed by Jane Doe. Replies due by 6/28/2022. (Attachments: #1 Transcripts Excerpts from 5/3 hearing, #2 Exhibit Email)(Courtney, Daniel)
June 21, 2022 Opinion or Order Filing 252 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Due to unforeseen circumstances, it is ORDERED AND ADJUDGED that the Jury Trial scheduled to commence on June 22, 2022 is CANCELED and will be reset at a later date. The Court apologizes for any inconvenience caused and will follow up with additional information shortly. Signed by Judge Kathleen M. Williams on 6/21/2022. (sgm)
June 21, 2022 Filing 251 Defendant's MOTION to Strike and Preclude Plaintiff Expert Psychologist, Dr. Cheri Surloff, from Testifying at Trial by Carnival Corporation. Responses due by 7/5/2022 (Attachments: #1 Exhibit Email, #2 Exhibit Proposed Order)(Mase, Curtis)
June 21, 2022 Filing 250 (VACATED IN PART PER DE#254) ORDER ON PENDING MOTIONS:denying #53 Motion for Sanctions; denying as moot #77 Expedited Motion to Quash Subpoena ; denying #91 Motion to Strike and #53 Plaintiff's MOTION for Sanctions ; denying 173 Sealed Motion to Compel Further Medical Exam. Signed by Ch. Magistrate Judge Edwin G. Torres on 6/21/2022. See attached document for full details. (EGT) Text Modified on 6/22/2022 (scn).
June 21, 2022 Opinion or Order Filing 249 PAPERLESS ORDER. THIS MATTER is before the Court on #214 Defendant's Motion for Reconsideration of #197 the Court's Order on the Parties' Motions for Partial Summary Judgment. As discussed during the June 15, 2022 Pretrial Conference, it is ORDERED AND ADJUDGED that #214 Defendant's Motion for Reconsideration is DENIED. Signed by Judge Kathleen M. Williams on 6/21/2022. (sgm)
June 21, 2022 Opinion or Order Filing 248 PAPERLESS ORDER. THIS MATTER is before the Court on #193 Defendant's Motion for Leave to File Amended Proposed Jury Instructions. Given that the Court and the Parties agreed to the adoption of certain instructions during the June 17, 2022 Pretrial Conference, and that the Parties have since filed revised proposed jury instructions on the docket, it is ORDERED AND ADJUDGED that #193 Defendant's Motion for Leave is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 6/21/2022. (sgm)
June 21, 2022 Filing 247 RESPONSE to Motion re #243 Plaintiff's MOTION to Add Deposition Objection, Or Alternatively to Supplement Deposition Designation filed by Carnival Corporation. Replies due by 6/28/2022. (Mase, Curtis)
June 21, 2022 Filing 246 PAPERLESS Minute Entry for proceedings held before the Honorable Kathleen M. Williams: Pretrial Conference held on June 17, 2022. Ruling on Defendant's third motion in limine. Ruling on Plaintiff's motion for reconsideration of the Court's order on Defendant's motion pursuant to Rule 412(c) of the Federal Rules of Evidence. Ruling on and discussion about the Parties' proposed jury instructions. Ruling on Defendant's objections to Chief Magistrate Judge Edwin G. Torres's ruling on certain deposition designations. Discussion about trial procedures. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@FLSD.uscourts.gov. (sgm)
June 20, 2022 Filing 245 Plaintiff's RESPONSE to #244 Notice of Supplemental Authority by Jane Doe. (Courtney, Daniel)
June 20, 2022 Filing 244 Notice of Supplemental Authority by Carnival Corporation (Cabeza, Lauren)
June 20, 2022 Filing 243 Plaintiff's MOTION to Add Deposition Objection, Or Alternatively to Supplement Deposition Designation by Jane Doe. (Attachments: #1 Transcripts Amanda Powell, #2 Text of Proposed Order Proposed Order)(Courtney, Daniel)
June 19, 2022 Filing 242 NOTICE by Carnival Corporation of Filing Revised Joint Proposed Verdict Form (Attachments: #1 Exhibit Proposed Verdict Form) (Seitz, William)
June 19, 2022 Filing 241 Proposed Jury Instructions by Carnival Corporation. (Seitz, William)
June 19, 2022 Filing 240 NOTICE by Carnival Corporation of Filing List of Witnesses to be Presented by Deposition (Seitz, William)
June 19, 2022 Filing 239 NOTICE by Carnival Corporation Notice of Filing Supplemental Proposed Order for Permission to Use Electronic Equipment at Trial (Attachments: #1 Text of Proposed Order) (Cabeza, Lauren)
June 17, 2022 Filing 238 Witness List (Defendant's Amended Final Witness List) by Carnival Corporation.. (Cabeza, Lauren)
June 17, 2022 Filing 237 NOTICE by Carnival Corporation re #216 Order Filing Amended Objections to Rulings on Deposition Designations (Seitz, William)
June 17, 2022 Filing 236 NOTICE by Carnival Corporation Notice of Filing Joint Proposed Verdict Form (Attachments: #1 Exhibit Proposed Verdict Form) (Mase, Curtis)
June 17, 2022 Filing 235 Proposed Jury Instructions by Carnival Corporation. (Mase, Curtis)
June 16, 2022 Opinion or Order Filing 233 PAPERLESS ORDER. THIS MATTER is before the Court on #116 Plaintiff's Motion in Limine. As discussed during the June 15, 2022 Pretrial Conference, it is ORDERED AND ADJUDGED that #116 Plaintiff's Motion in Limine is GRANTED IN PART AND DENIED IN PART as follows:Plaintiff's first motion in limine is GRANTED. Given that the Parties have stipulated to the admission of Federal Bureau of Investigation ("FBI") notes identified as Joint Exhibit 26, those notes may be presented as evidence at trial. However, the FBI reports identified as Defendant's Exhibit 1, Defendant's Exhibit 2, and Defendant's Exhibit 3 constitute inadmissible hearsay under the Federal Rules of Evidence. Accordingly, these reports may not be admitted into evidence at trial. The Parties must ensure that these reports are removed from any and all exhibit binders and that remaining exhibits are renumbered and reorganized accordingly.Plaintiff's second motion in limine is GRANTED. Given that the aforementioned FBI reports constitute inadmissible hearsay, determinations and statements made in those reports - including the FBI's conclusions regarding the Subject Incident at issue in this case - will not be presented to the jury or admitted into evidence at trial.Plaintiff's third motion in limine is DENIED AS MOOT. In light of the Court's June 16, 2022 Sealed Order Granting in Part and Denying in Part Defendant's Amended Motion Pursuant to Rule 412(c) of the Federal Rules of Evidence, Defendant has agreed not to elicit testimony, present evidence, make argument, or mention or insinuate anything at trial related to Plaintiff's "promiscuity" before, during, or after the cruise where the Subject Incident allegedly occurred.Plaintiff's fourth motion in limine is DENIED AS MOOT, in light of the Court's June 16, 2022 Sealed Order Granting in Part and Denying in Part Defendant's Amended Motion Pursuant to Rule 412(c) of the Federal Rules of Evidence.Plaintiff's fifth motion in limine is DENIED. Evidence that Plaintiff brought her own alcohol aboard Defendant's cruise ship prior to its voyage, and drank her own alcohol during the voyage, is relevant to the issues in this case. However, Defendant may not elicit any testimony, present evidence, make argument, mention, or insinuate at trial that Plaintiff violated Defendant's policies by bringing her own alcohol aboard the cruise ship or that Plaintiff did so in violation of any regulations in this regard.Plaintiff's sixth motion in limine is DENIED AS MOOT, given that Defendant has agreed not to elicit testimony, present evidence, or otherwise mention its financial standing during the COVID-19 pandemic and/or how it may have affected this litigation or trial.The Court RESERVES JUDGMENT as to Plaintiff's seventh motion in limine. Should Defendant's corporate representative introduce hearsay or testify as to statements of facts that are not based on what she has appropriate knowledge about at trial, and such testimony is inadmissible, Plaintiff should raise the proper objections at that time and the Court will rule accordingly.The Court RESERVES JUDGMENT as to Plaintiff's eighth motion in limine. The Court's ruling on this motion depends on whether Plaintiff elicits testimony or presents evidence regarding certain aspects of her mood and well-being after the Subject Incident allegedly occurred.Plaintiff's ninth motion in limine is DENIED. Given that Defendant only intends to elicit testimony from its expert witness Dr. Kaia Calbeck regarding Plaintiff's exaggeration of symptoms for damages purposes, and not to attack Plaintiff's credibility or as a defense to consent or liability, Plaintiff's concerns have been addressed. Dr. Calbeck may testify as to Plaintiff's present symptomology based on the examinations and tests she conducted and analyzed as part of her neuropsychological evaluation of Plaintiff. However, such testimony should be limited to discussing Plaintiff's damages.Plaintiff's tenth motion in limine is DENIED AS MOOT, given that Defendant has agreed not to elicit testimony, present evidence, make argument, mention, or insinuate at trial that Plaintiff had and/or has collateral sources to pay any past or future medical bills. The Parties must ensure that all exhibits submitted at trial do not include information about who paid amounts owed to medical providers, irrespective of whether it was Plaintiff or another individual or entity.Signed by Judge Kathleen M. Williams on 6/16/2022. (sgm)
June 16, 2022 Filing 232 NOTICE by Carnival Corporation re #216 Order Filing Ojbections to Rulings On Deposition Designations (Seitz, William)
June 16, 2022 SYSTEM ENTRY - Docket Entry 234 [motion] restricted/sealed until further notice. (941553)
June 16, 2022 SYSTEM ENTRY - Docket Entry 231 [order] restricted/sealed until further notice. (kpe)
June 15, 2022 Opinion or Order Filing 230 ORDER GRANTING IN PART AND DENYING IN PART #222 DEFENDANT'S MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM FOR TRIAL AND THE JUNE 17, 2022 PRETRIAL CONFERENCE. #191 #204 Defendant's prior electronic equipment motions are DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 6/15/2022. See attached document for full details. (sgm)
June 15, 2022 Opinion or Order Filing 229 ORDER GRANTING IN PART AND DENYING IN PART #224 PLAINTIFF'S MOTION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM FOR TRIAL AND THE JUNE 17, 2022 PRETRIAL CONFERENCE. Signed by Judge Kathleen M. Williams on 6/15/2022. See attached document for full details. (sgm)
June 15, 2022 Opinion or Order Filing 228 PAPERLESS ORDER. THIS MATTER is before the Court following the June 15, 2022 Pretrial Conference. As discussed, it is ORDERED AND ADJUDGED that a Pretrial and Charge Conference is SET for June 17, 2022 at 10:00 AM before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida.The Court advises the Parties that Computer Services and/or Chambers staff will be present during the first half-hour of the Conference to discuss best practices regarding electronic equipment and to troubleshoot devices. Accordingly, the Parties should bring with them all electronic equipment that they intend to use at Trial, so long as the Court has authorized their use. The Court will enter orders on pending electronic equipment motions shortly, and the Parties must bring the orders with them to the Courthouse.Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 Policies and Procedures online at #https://www.flsd.uscourts.gov. Signed by Judge Kathleen M. Williams on 6/15/2022. (sgm)
June 15, 2022 Filing 227 PAPERLESS Minute Entry for proceedings held before the Honorable Kathleen M. Williams: Pretrial Conference held on June 15, 2022. Jury Trial reset to commence on June 22, 2022. Rulings on the Parties' motions in limine. Discussion about trial procedures and the Parties' pretrial submissions. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@FLSD.uscourts.gov. (sgm)
June 15, 2022 Opinion or Order Filing 226 PAPERLESS ORDER. THIS MATTER is before the Court following the June 15, 2022 Pretrial Conference. It is ORDERED AND ADJUDGED that the Jury Trial scheduled to commence on June 21, 2022 is RESET to commence on June 22, 2022 at 9:00 AM before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida.The Court advises that the Parties - including Plaintiff, Defendant/Defendant's corporate representative(s), and counsel - should be sure to arrive on time. Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 Practices and Procedures online at #https://www.flsd.uscourts.gov. Signed by Judge Kathleen M. Williams on 6/15/2022. (sgm)
June 15, 2022 Filing 225 PAPERLESS ORDER denying as moot #79 Motion to Compel Discovery. The motion was due to be denied as moot based on intervening relief granted in the case since the motion was filed. One aspect of the motion, however, was not addressed and was indeed overlooked, with respect to Plaintiff's request to overrule Defendant's work product objections to production of a complete copy of the security incident report in the case. At the hearing conducted on May 3, 2022, Plaintiff pointed out that she had been asking for some time that the Court compel production of the entire security incident report based on substantial need. The Court conducted an in camera review of that report during the hearing and agreed in part with Plaintiff as to the substantial need in the record to compel production of a written statement from the alleged assailant that was attached to the report. That part of the motion was thus Granted in part and Defendant was Ordered to produce the statement, which Defendant complied with thereafter.Plaintiff also sought, however, production of the entire security incident report based upon substantial need to impeach Defendant with respect to various matters, most important of which was the need to impeach Defendant's claim that Plaintiff voluntarily and knowingly completed a recantation of allegation form after the incident. Plaintiff argued that the Court reconsider its ruling sustaining the privilege as to the whole report and attachments based on that showing. Specifically, Plaintiff sought to impeach Defendant by showing that no mention was ever made of any such retraction form in the security incident report. The Court conducted the in camera review of the report and concluded that substantial need had not in fact been shown because no substantial impeachment value was present in the entire document on this basis.Since the date of the hearing, Plaintiff has communicated to the Court that a final ruling on that matter had not been made following Plaintiff's submission of additional materials to the Court. A ruling clarifying the resolution of this issue is incorporated here. Specifically, since the date of the hearing the Court reviewed multiple security personnel depositions for designation rulings purposes, but also for this issue. The Court also reviewed once again in camera the security incident report and attachments to address Plaintiff's request, together with a copy of the transcript of the May 3rd hearing. The Court finds that no substantial need exists with respect to the entire report beyond what has already been compelled. In particular, the Court reviewed the deposition of a lead security officer, Mr. Singh, who testified categorically that he had never seen the retraction document before and further that such document was not part of their standard security department protocol. Hence, to the extent Plaintiff seeks negative impeachment in this regard -- meaning that she wishes to undermine the reliability of the retraction document based upon the lack of any mention of that document in the security report -- Plaintiff has ample basis to do so with Mr. Singh's unambiguous testimony. Making that point through the security incident report itself would at best be cumulative on this issue, and as such it cannot satisfy a substantial need predicate to overcome a well established work product privilege to the document as a whole.Therefore to the extent the record required clarification on that point, the Court memorializes that ruling reconsidering this issue through the entry of this Order. Signed by Ch. Magistrate Judge Edwin G. Torres on 6/15/2022. (EGT)
June 14, 2022 Filing 224 Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Jane Doe. Responses due by 6/28/2022 (Attachments: #1 Text of Proposed Order)(Courtney, Daniel)
June 14, 2022 Filing 223 Witness List by Jane Doe.. (Courtney, Daniel)
June 14, 2022 Filing 222 Unopposed MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 6/28/2022 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Second Amended Unopposed Motion for Permission to Use Electronic Equipment in the Courtroom)(Cabeza, Lauren)
June 14, 2022 Filing 221 Witness List (Final Witness List) by Carnival Corporation.. (Seitz, William)
June 14, 2022 Filing 220 RESPONSE in Opposition re #219 Amended MOTION to Permit Certain Witnesses to Be Called Out of Turn and Others to Testify Via Zoom, or to Continue Trial MOTION to Continue filed by Jane Doe. Replies due by 6/21/2022. (Courtney, Daniel)
June 14, 2022 Filing 219 Amended MOTION to Permit Certain Witnesses to Be Called Out of Turn and Others to Testify Via Zoom, or to Continue Trial , MOTION to Continue ( Responses due by 6/28/2022) by Carnival Corporation. (Attachments: #1 Exhibit Proposed Order)(Mase, Curtis)
June 14, 2022 Filing 218 Clerks Notice to Filer re #215 Defendant's MOTION to Permit Certain Witnesses to Be Called Out of Turn and Others to Testify Via Zoom, or to Continue Trial . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
June 14, 2022 Filing 217 TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 5/3/2022 before Ch. Magistrate Judge Edwin G. Torres, 1 - 137 pages, Court Reporter: James Pence-Aviles, 619-587-0173 / James_PenceAviles@casd.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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Pence-Aviles, James)
June 13, 2022 Opinion or Order Filing 216 ORDER ON DEFENDANT DEPOSITION DESIGNATIONS #170 . Signed by Ch. Magistrate Judge Edwin G. Torres on 6/13/2022. See attached document for full details. (jfz)
June 13, 2022 Filing 215 Defendant's MOTION to Permit Certain Witnesses to be Called Out of Turn and Others to Testify Via Zoom by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Mase, Curtis). Added MOTION to Continue Trial on 6/14/2022 (ls).
June 13, 2022 Filing 214 Defendant's MOTION for Reconsideration re #197 Order on Motion for Partial Summary Judgment,,,,,, Order on Report and Recommendations,, by Carnival Corporation. (Attachments: #1 Exhibit Proposed Order)(Mase, Curtis)
June 13, 2022 Opinion or Order Filing 213 ORDER ON PLAINTIFF DEPOSITION DESIGNATIONS #170 . Signed by Chief Magistrate Judge Edwin G. Torres on 6/13/2022. See attached document for full details. (EGT)
June 13, 2022 Filing 212 Exhibit List (Final Pre-Trial Exhibit Lists: Joint, Plaintiff, Defendant) by Carnival Corporation.. (Seitz, William)
June 12, 2022 Opinion or Order Filing 211 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that the Final Pretrial Conference scheduled for June 15, 2022 at 9:30 AM is RESET to June 15, 2022 at 10:30 AM (***TIME CHANGE ONLY***) before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida. Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 policies and procedures online at #https://www.flsd.uscourts.gov. Signed by Judge Kathleen M. Williams on 6/12/2022. (sgm)
June 9, 2022 Opinion or Order Filing 210 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Given that the Court will be closed on June 20, 2022 for the Juneteenth federal holiday, it is ORDERED AND ADJUDGED that the five-day Jury Trial scheduled to commence on June 20, 2022 is RESET to commence on June 21, 2022. Signed by Judge Kathleen M. Williams on 6/9/2022. (sgm)
June 9, 2022 Opinion or Order Filing 209 ORDER SETTING FORTH ADDITIONAL PRETRIAL DEADLINES. Signed by Judge Kathleen M. Williams on 6/9/2022. See attached document for full details. (sgm)
June 9, 2022 Opinion or Order Filing 208 PAPERLESS ORDER. THIS MATTER is before the Court following the June 9, 2022 Calendar Call. As discussed during the Calendar Call, it is ORDERED AND ADJUDGED that a Pretrial and Initial Charge Conference is SET for June 15, 2022 at 9:30 AM before the Honorable Kathleen M. Williams in Room 11-3 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida. Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 policies and procedures online at #https://www.flsd.uscourts.gov. Signed by Judge Kathleen M. Williams on 6/9/2022. (sgm)
June 9, 2022 Opinion or Order Filing 207 PAPERLESS ORDER. THIS MATTER is before the Court following the June 9, 2022 Calendar Call. As discussed during the Calendar Call, it is ORDERED AND ADJUDGED that the five-day Jury Trial scheduled to commence on June 13, 2022 is RESET to commence on June 21, 2022. Signed by Judge Kathleen M. Williams on 6/9/2022. (sgm) Text Modified on 6/10/2022 (scn).
June 8, 2022 Filing 206 Proposed Jury Instructions by Jane Doe. (Attachments: #1 Exhibit Proposed Jury Instruction)(Courtney, Daniel)
June 8, 2022 Filing 205 Proposed Jury Instructions by Carnival Corporation. (Attachments: #1 Exhibit Proposed Jury Instruction)(Cabeza, Lauren)
June 8, 2022 Filing 204 Amended MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 6/22/2022 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Amended Motion for Permission to Use Electronic Equipment in the Courtroom)(Cabeza, Lauren)
June 5, 2022 Opinion or Order Filing 203 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Pursuant to Fed. R. Evid. 412(c)(2), it is ORDERED AND ADJUDGED that the Court will conduct a hearing on 169 Defendant's Amended Rule 412 Motion during the June 9, 2022 Calendar Call. During this hearing, Plaintiff, Defendant and/or Defendant's representatives, and counsel will have a right to attend and be heard on 169 Defendant's Amended Rule 412 Motion. As stated in the Court's June 3, 2022 Paperless Order, additional details about the Calendar Call will be emailed to counsel at a later date. Signed by Judge Kathleen M. Williams on 6/5/2022. (sgm)
June 3, 2022 Opinion or Order Filing 202 PAPERLESS ORDER. THIS MATTER is before the Court on #198 Plaintiff's Motion to Reset Calendar Call. The Court finds good cause to reset Calendar Call but not on the dates Plaintiff and Defendant agreed upon, due to previously scheduled hearings and a trial in another matter. Accordingly, it is ORDERED AND ADJUDGED that #198 Plaintiff's Motion to Reset Calendar Call is GRANTED IN PART AND DENIED IN PART. The Calendar Call scheduled for June 1, 2022 is RESET for June 9, 2022 at 11:00 AM. Additional details will be emailed to counsel of record at a later date. Signed by Judge Kathleen M. Williams on 6/3/2022. (sgm)
June 2, 2022 Filing 201 Exhibit List Joint Notice of Filing Amended Trial Exhibit Lists by Carnival Corporation.. (Attachments: #1 Exhibit Amended Exhibit Lists)(Seitz, William)
June 1, 2022 Filing 200 Defendant's REPLY to #199 Response to Motion for Leave to File Amended Joint Proposed Jury Instructions by Carnival Corporation. (Seitz, William)
June 1, 2022 Filing 199 RESPONSE to Motion re #193 MOTION for Leave to File Amended Joint Proposed Jury Instructions filed by Jane Doe. Replies due by 6/8/2022. (Courtney, Daniel)
May 31, 2022 Filing 198 Plaintiff's MOTION to Continue Calendar Call by Jane Doe. Responses due by 6/14/2022 (Courtney, Daniel)
May 31, 2022 Opinion or Order Filing 197 ORDER AFFIRMING AND ADOPTING #151 CHIEF MAGISTRATE JUDGE TORRES'S REPORT AND RECOMMENDATION THAT THE COURT GRANT #92 PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANT #94 DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT. #92 Plaintiff's Motion for Partial Summary Judgment is GRANTED. #94 Defendant's Motion for Partial Summary Judgment is GRANTED.Signed by Judge Kathleen M. Williams on 5/31/2022. See attached document for full details. (sgm)
May 31, 2022 Opinion or Order Filing 196 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On May 31, 2022, Defendant filed #193 the Motion for Leave to File Amended Proposed Jury Instructions. Defendant's certificate of conferral indicates that Plaintiff's counsel objects to #193 the Motion. Accordingly, it is ORDERED AND ADJUDGED as follows:On or before June 1, 2022 at 5:00 PM, Plaintiff shall respond to #193 the Motion. The response shall total no more than 3 pages, not including the signature block and any required certificates.On or before June 2, 2022 at 3:00 PM, Defendant may reply to #193 the Motion. The reply shall total no more than 2 pages, not including the signature block and any required certificates.Signed by Judge Kathleen M. Williams on 5/31/2022. (sgm)
May 31, 2022 Opinion or Order Filing 195 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that Calendar Call is RESET for June 6, 2022 at 4:00 PM. The Calendar Call will take place via Zoom and log-in details will be emailed to counsel of record soon. Signed by Judge Kathleen M. Williams on 5/31/2022. (sgm)
May 31, 2022 Filing 194 Proposed Voir Dire Questions by Jane Doe. (Attachments: #1 Exhibit Plaintiff's Proposed Voir Dire Questions)(Courtney, Daniel)
May 31, 2022 Filing 193 MOTION for Leave to File Amended Joint Proposed Jury Instructions by Carnival Corporation. (Attachments: #1 Exhibit)(Cabeza, Lauren)
May 31, 2022 Filing 192 Proposed Voir Dire Questions by Carnival Corporation. (Attachments: #1 Exhibit Defendant's Proposed Voir Dire Questions)(Cabeza, Lauren)
May 19, 2022 Filing 191 Defendant's MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 6/2/2022 (Attachments: #1 Text of Proposed Order Order Granting Defendant's Motion for Permission to Use Electronic Equipment in the Courtroom)(Seitz, William)
May 9, 2022 Filing 190 NOTICE of Compliance by Sealing DE 173 pursuant to 189 Order. (kpe)
May 6, 2022 Opinion or Order Filing 189 PAPERLESS ORDER. THIS MATTER is before the Court on #175 Defendant's Unopposed Motion to Seal Court Documents. Upon review of the Motion and the record, it is ORDERED AND ADJUDGED that #175 Defendant's Unopposed Motion to Seal Court Documents is GRANTED.The Clerk of Court is directed to SEAL 173 Defendant's Motion for Medical Exam and all accompanying exhibits. 173 Defendant's Motion for Medical Exam and all accompanying exhibits shall remain under seal unless and until the Court orders otherwise. Signed by Judge Kathleen M. Williams on 5/6/2022. (sgm)
May 6, 2022 Opinion or Order Filing 188 PAPERLESS ORDER. THIS MATTER is before the Court on #184 Defendant's Motion to Continue Trial. Upon review of the Parties' briefing, it is ORDERED AND ADJUDGED that #184 Defendant's Motion to Continue Trial is DENIED. Signed by Judge Kathleen M. Williams on 5/6/2022. (sgm)
May 6, 2022 Filing 187 NOTICE of Compliance by Jane Doe (Courtney, Daniel)
May 6, 2022 Filing 186 REPLY to Response to Motion re #184 MOTION to Continue Trial re 166 Order on Motion to Continue,, filed by Carnival Corporation. (Attachments: #1 Exhibit 1 - Notice of Trial Conflict from Green Case)(Seitz, William)
May 6, 2022 Filing 185 RESPONSE in Opposition re #184 MOTION to Continue Trial re 166 Order on Motion to Continue,, filed by Jane Doe. Replies due by 5/13/2022. (Attachments: #1 Exhibit Green Trial Order)(Courtney, Daniel)
May 6, 2022 Filing 184 MOTION to Continue Trial re 166 Order on Motion to Continue,, by Carnival Corporation. Responses due by 5/20/2022 (Attachments: #1 Text of Proposed Order)(Seitz, William)
May 3, 2022 Filing 183 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Discovery Hearing held on 5/3/2022. Attorney Appearance(s): Daniel Warren Courtney, Curtis Jay Mase, William Robert Seitz, Lauren Nicole Cabeza. (Digital 14:08:45) Total time in court: 3 hour(s) : 8 minutes. (mdc)
April 26, 2022 Filing 182 PAPERLESS NOTICE Resetting Discovery Hearing: The Discovery Hearing 181 is now set for 5/3/2022 at 02:00 PM before Ch. Magistrate Judge Edwin G. Torres. (jfz)
April 18, 2022 Filing 181 PAPERLESS ORDER granting #180 Unopposed Motion to Continue Hearing for good cause shown; Discovery Hearing re-set for 5/2/2022 03:00 PM in Miami Division, Courtroom 5, before Ch. Magistrate Judge Edwin G. Torres. Signed by Ch. Magistrate Judge Edwin G. Torres on 4/18/2022. (EGT)
April 16, 2022 Filing 180 Unopposed MOTION to Continue Discovery Hearing re 177 Order on Motion for Medical Exam,, by Carnival Corporation. Responses due by 5/2/2022 (Attachments: #1 Text of Proposed Order)(Seitz, William)
April 14, 2022 Filing 179 Clerks Notice to Filer re #176 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#178]. It is not necessary to refile this document. (ls)
April 13, 2022 Filing 178 REPLY to Response to Motion re 173 Defendant's MOTION for Medical Exam filed by Carnival Corporation. (ls)(See Image at DE #176)
April 13, 2022 Filing 177 PAPERLESS ORDER SETTING HEARING ON 173 Motion for Medical Exam and any other outstanding discovery issues that are due to be resolved prior to trial. Discovery Hearing set for 4/21/2022 10:00 AM in Miami Division before Ch. Magistrate Judge Edwin G. Torres, United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. The parties must comply with the current COVID protocols required by the Court's administrative orders to enter the courthouse. Signed by Ch. Magistrate Judge Edwin G. Torres on 4/13/2022. (EGT)
April 13, 2022 Filing 176 RESPONSE in Support re 173 Defendant's MOTION for Medical Exam filed by Carnival Corporation. (Cabeza, Lauren)
April 7, 2022 Filing 175 Unopposed MOTION to Seal Court Document per Local Rule 5.4 by Carnival Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Seal Court Document) (Cabeza, Lauren)
April 6, 2022 Filing 174 RESPONSE in Opposition re 173 Defendant's MOTION for Medical Exam filed by Jane Doe. Replies due by 4/13/2022. (Attachments: #1 Exhibit Order, #2 Exhibit Order)(Courtney, Daniel)
April 5, 2022 SYSTEM ENTRY - Docket Entry 173 [motion] restricted/sealed until further notice. (kpe)
April 1, 2022 Filing 172 Defendant's REPLY to #171 Response/Reply (Other) in Support of Its Amended Motion Pursuant to Federal Rule of Evidence 412 by Carnival Corporation. (Cabeza, Lauren)
March 18, 2022 Filing 171 Plaintiff's RESPONSE to Defendant's First Amended Motion Pursuant to Federal Rule of Evidence 412 (c) [D.E.168] (Sealed Motion) by Jane Doe. (Courtney, Daniel)
March 1, 2022 Filing 170 NOTICE by Jane Doe Amended Joint Notice of Filing Deposition Designations (Courtney, Daniel)
February 23, 2022 SYSTEM ENTRY - Docket Entry 169 [order] restricted/sealed until further notice. (kpe)
February 22, 2022 SYSTEM ENTRY - Docket Entry 168 [motion] restricted/sealed until further notice. (521136)
February 15, 2022 Opinion or Order Filing 167 PAPERLESS ORDER. THIS MATTER is before the Court following the February 15, 2022 Status Conference. As discussed during the Status Conference, it is ORDERED AND ADJUDGED as follows:On or before February 22, 2022, Defendant shall file under seal the Amended Motion Pursuant to Rule 412 of the Federal Rules of Evidence. The Amended Motion shall total no more than seven (7) pages in length. Once filed, the Court will deny as moot 155 the existing Motion. On or before March 18, 2022, Plaintiff shall file a response, totaling no more than seven (7) pages in length. On or before April 1, 2022, Defendant may file a reply to Plaintiff's response, totaling no more than three (3) pages. The prescribed page limits do not include signature blocks or any required certificates.On or before February 25, 2022, the Parties shall email Chambers regarding whether they would like for the Court to refer this matter to Chief Magistrate Judge Edwin G. Torres for a settlement conference. As a reminder, counsel of record for all Parties must be copied on all emails to Chambers.On or before March 1, 2022, the Parties shall file an Amended and Final Joint Notice of Deposition Designations, setting forth the witnesses they still intend to designate as unavailable for Trial. The Parties may not add any witness to this list who previously was not designated. However, a Party may remove a witness from this list who no longer will be designated. No further changes will be accepted after this date. The Court also advises that the Parties must not re-file or edit any objections to actual deposition testimony, as it has already been filed on the record. Finally, given that the Court has reset the Jury Trial in this matter, the following motions regarding the now-rescheduled July 2021 Trial date are DENIED AS MOOT: #141 Defendant's Motion for Leave to Allow Certain Witnesses to Appear Remotely via Zoom, #148 Plaintiff's Motion to Bring Electronic Equipment into the Courtroom for Trial, #149 Defendant's Motion to Bring Electronic Equipment into the Courtroom for Trial, and #152 Defendant's Amended Motion to Bring Electronic Equipment into the Courtroom for Trial. Closer to the Trial date, the Court will take up the issues raised in these motions and enter an order with further instructions. Signed by Judge Kathleen M. Williams on 2/15/2022. (sgm)
February 15, 2022 Opinion or Order Filing 166 PAPERLESS ORDER. THIS MATTER is before the Court following the February 15, 2022 Status Conference and on #165 Defendant's Unopposed Motion to Continue the Trial Date. It is ORDERED AND ADJUDGED that #165 Defendant's Unopposed Motion to Continue is GRANTED. The five-day Jury Trial in this matter is RESET to commence on June 13, 2022. Further, Calendar Call is RESET for June 1, 2022 at 11:00 AM. Signed by Judge Kathleen M. Williams on 2/15/2022. (sgm)
February 15, 2022 Filing 165 Unopposed MOTION to Continue Trial for One Week to June 13, 2022 by Carnival Corporation. Responses due by 3/1/2022 (Seitz, William)
February 15, 2022 Filing 164 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Zoom Status Conference held on 2/15/2022. Counsel of record present. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (mso)
January 21, 2022 Opinion or Order Filing 163 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that a Status Conference in this matter is SET for February 15, 2022 at 11:00 AM. Additional details will be emailed to the Parties at a later date. Signed by Judge Kathleen M. Williams on 1/21/2022. (sgm)
November 15, 2021 Filing 162 NOTICE of Attorney Appearance by Lauren Nicole Cabeza on behalf of Carnival Corporation (Cabeza, Lauren)
November 12, 2021 Filing 161 NOTICE of Attorney Appearance by Lauren Nicole Cabeza on behalf of Carnival Corporation. Attorney Lauren Nicole Cabeza added to party Carnival Corporation(pty:dft). (Cabeza, Lauren)
July 12, 2021 Opinion or Order Filing 160 ORDER denying #90 Defendant's MOTION to Strike (Daubert Motion to Strike Ross Klein). Signed by Magistrate Judge Edwin G. Torres on 7/12/2021. See attached document for full details. (ahg)
July 12, 2021 Opinion or Order Filing 159 PAPERLESS ORDER. THIS MATTER is before the Court on #158 Defendant's Unopposed Motion for Continuance of Trial. For good cause shown, it is ORDERED AND ADJUDGED that the Calendar Call scheduled for July 13, 2021 and the Jury Trial scheduled to commence on July 19, 2021 have been CANCELED. Both the Calendar Call and Jury Trial will be reset at a later date. Signed by Judge Kathleen M. Williams on 7/19/2021. (sgm)
July 12, 2021 Filing 158 Unopposed MOTION to Continue Trial re #87 Scheduling Order, by Carnival Corporation. Responses due by 7/26/2021 (Attachments: #1 Exhibit Proposed Order)(Mase, Curtis)
July 6, 2021 Filing 157 NOTICE by Carnival Corporation Notice of Illness and Potential Impact on Scheduled Trial Date (Mase, Curtis)
July 6, 2021 Filing 156 NOTICE by Carnival Corporation Defendants Notice of Mootness (Levitt, Lauren)
July 5, 2021 SYSTEM ENTRY - Docket Entry 155 [motion] restricted/sealed until further notice. (1800786)
July 2, 2021 Filing 154 Exhibit List (Agreed Upon, Plaintiff, and Defendant Exhibit Lists) by Carnival Corporation.. (Levitt, Lauren)
July 2, 2021 Filing 153 OBJECTIONS to #151 Report and Recommendations by Carnival Corporation. (Rauh, Tyler)
June 29, 2021 Filing 152 Amended MOTION to Bring Electronic Equipment into the courtroom by Carnival Corporation. Responses due by 7/13/2021 (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
June 25, 2021 Filing 151 REPORT AND RECOMMENDATION re #94 Defendant's MOTION for Partial Summary Judgment filed by Carnival Corporation, and #92 Plaintiff's MOTION for Partial Summary Judgment filed by Jane Doe. Recommending that Plaintiff's Motion [DE 92] for Count V as to prima facie liability should be GRANTED, and Defendant's Motion [DE 94] for Count III in its entirety should be GRANTED. Objections to R&R due by 7/2/2021. Signed by Magistrate Judge Edwin G. Torres on 6/25/2021. See attached document for full details. (ahg)
June 17, 2021 Filing 150 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Status Conference held on 6/17/2021. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
June 15, 2021 Filing 149 Unopposed MOTION to Bring Electronic Equipment into the courtroom (Permission to Use Electronic Equipment) by Carnival Corporation. Responses due by 6/29/2021 (Attachments: #1 Text of Proposed Order)(Seitz, William)
June 15, 2021 Filing 148 Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Jane Doe. Responses due by 6/29/2021 (Courtney, Daniel)
June 15, 2021 Filing 147 NOTICE by Carnival Corporation re 146 Order,, of Witnesses It Requests be Allowed to Appear by Video at Trial (Seitz, William)
June 14, 2021 Opinion or Order Filing 146 PAPERLESS ORDER. THIS MATTER is before the Court on #141 Defendant's Motion for Leave to Allow Certain Witnesses to Appear Remotely for Trial. It is ORDERED AND ADJUDGED that on or before June 15, 2021 at 12:00 PM, Defendant shall file a notice identifying the specific witnesses who intend to appear remotely at trial and stating the reason(s) why these witnesses cannot appear in person. This order shall not be construed as a ruling on the #141 Motion, which remains pending before the Court. Signed by Judge Kathleen M. Williams on 6/14/2021. (sgm)
June 14, 2021 Opinion or Order Filing 145 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. A video status conference is SET for June 17, 2021 at 11:00 AM. Additional details will be emailed to counsel of record on the day before the conference. Signed by Judge Kathleen M. Williams on 6/14/2021. (sgm)
June 3, 2021 Filing 144 NOTICE by Carnival Corporation of Trial Conflict (Levitt, Lauren)
June 2, 2021 Filing 143 REPLY to Response to Motion re #141 Defendant's MOTION For Leave to Allow Certain Witnesses to Appear Remotely for Trial (In Support of Motion) filed by Carnival Corporation. (Levitt, Lauren)
May 27, 2021 Filing 142 RESPONSE in Opposition re #141 Defendant's MOTION For Leave to Allow Certain Witnesses to Appear Remotely for Trial filed by Jane Doe. Replies due by 6/3/2021. (Attachments: #1 Exhibit Email, #2 Exhibit Email)(Courtney, Daniel)
May 20, 2021 Filing 141 Defendant's MOTION For Leave to Allow Certain Witnesses to Appear Remotely for Trial by Carnival Corporation. (Levitt, Lauren)
May 20, 2021 Filing 140 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Daniel Warren Courtney re #139 Notice of Change of Address, Email or Law Firm Name. Attorney Daniel Warren Courtney has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
May 20, 2021 Filing 139 NOTICE of Change of Address, Email or Law Firm Name by Daniel Warren Courtney (Courtney, Daniel)
May 19, 2021 Filing 138 NOTICE by Carnival Corporation of Filing Proposed Jury Verdict Forms (Joint) (Attachments: #1 Exhibit Plaintiff's Proposed Jury Verdict Form, #2 Exhibit Defendant's Proposed Jury Verdict Form) (Levitt, Lauren) Modified Text on 5/20/2021 (ls).
May 19, 2021 Filing 137 NOTICE by Carnival Corporation re #136 Notice (Other), of Filing Joint Supplemental Deposition Designations, Objections, and Counter-Designations (Attachments: #1 Designation 1, #2 Designation 2) (Levitt, Lauren)
May 18, 2021 Filing 136 NOTICE by Carnival Corporation of Filing Joint Deposition Designations, Objections, and Counter-designations (Attachments: #1 Designation, #2 Designation, #3 Designation, #4 Designation, #5 Designation, #6 Designation, #7 Designation, #8 Designation, #9 Designation, #10 Designation) (Levitt, Lauren)
May 13, 2021 Filing 135 REPLY to Response to Motion re #116 Plaintiff's MOTION in Limine filed by Jane Doe. (Courtney, Daniel)
May 13, 2021 Filing 134 CLERK'S NOTICE of Compliance by Sealing [128-1] pursuant to 132 Paperless Order (nc)
May 12, 2021 Opinion or Order Filing 133 PAPERLESS ORDER. THIS MATTER is before the Court on a sua sponte review of the record. On May 11, 2021, the Parties submitted proposed jury instructions #130 but did not submit any proposed verdict form. Accordingly, on or before May 19, 2021, the Parties shall file a proposed verdict form. Signed by Judge Kathleen M. Williams on 5/12/2021. (sgi)
May 12, 2021 Opinion or Order Filing 132 PAPERLESS ORDER granting #129 Unopposed Motion to Seal. Defendant's unopposed motion #129 to seal the medical record [128-1] attached to its response to Plaintiff's motion in limine is GRANTED. The Clerk is directed to seal Exhibit 1 attached to Docket Entry #128 . The record shall remain under seal until further Court order. Signed by Judge Kathleen M. Williams on 5/12/2021. (sgi)
May 11, 2021 Filing 131 PRETRIAL STIPULATION (Joint) by Carnival Corporation (Attachments: #1 Exhibit Plaintiff's Witness and Exhibit List, #2 Exhibit Defendant's Exhibit List, #3 Exhibit Defendant's Witness List)(Levitt, Lauren)
May 11, 2021 Filing 130 Proposed Jury Instructions by Carnival Corporation. (Levitt, Lauren)
May 11, 2021 Filing 129 Unopposed MOTION to Seal per Local Rule 5.4 by Carnival Corporation. (Attachments: #1 Text of Proposed Order) (Rauh, Tyler)
May 6, 2021 Filing 128 RESPONSE in Opposition re #116 Plaintiff's MOTION in Limine filed by Carnival Corporation. Replies due by 5/13/2021. (Attachments: #1 Exhibit Kaiser Permanente Records, #2 Affidavit Declaration of Dr. Calbeck, #3 Deposition Deposition transcript, B. Boaz)(Rauh, Tyler) Modified by Sealing [128-1] pursuant to 132 Paperless Order on 5/13/2021 (nc).
May 6, 2021 Filing 127 NOTICE of Attorney Appearance by Tyler Joseph Rauh on behalf of Carnival Corporation. Attorney Tyler Joseph Rauh added to party Carnival Corporation(pty:dft). (Rauh, Tyler)
May 3, 2021 Filing 126 REPLY to Response to Motion re #117 Defendant's MOTION in Limine (Omnibus) filed by Carnival Corporation. (Levitt, Lauren)
April 27, 2021 Filing 125 CLERK'S NOTICE of Compliance by Sealing [121-4] pursuant to #124 Order (nc)
April 27, 2021 Opinion or Order Filing 124 ORDER Granting #123 Motion to Seal Docket Entry [121-4]. Signed by Judge Kathleen M. Williams on 4/27/2021. See attached document for full details. (nc)
April 26, 2021 Reset Deadlines as to #116 Plaintiff's MOTION in Limine . Responses due by 5/6/2021 (ls)(per DE #122)
April 26, 2021 Filing 123 Plaintiff's MOTION to Seal Docket Entry 121-4 per Local Rule 5.4 by Jane Doe. (Courtney, Daniel)
April 26, 2021 Opinion or Order Filing 122 PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's unopposed motion for extension of time to respond to Plaintiff's motion in limine. #120 Defendant's motion is GRANTED. Defendant shall file its response to Plaintiff's motion on or before May 6, 2021. Additionally, in light of the calls to Chambers on the status of Defendant's motion--filed at 3:00 PM on Friday, April 23, 2021--the Court reminds the Parties that under the Court's Practices and Procedures, "[o]nly counsel of record may make calls to Chambers, and opposing counsel must be on the line for any calls" and "[p]arties are not permitted to call Chambers regarding any matters that can be ascertained from a review of the applicable rules or the docket." Going forward, any correspondence to Chambers, and all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court (available at: # http://www.flsd.uscourts.gov/?page_id=13071). Signed by Judge Kathleen M. Williams on 4/26/2021. (sgi)
April 26, 2021 Filing 121 RESPONSE to Motion re #117 Defendant's MOTION in Limine (Omnibus) filed by Jane Doe. Replies due by 5/3/2021. (Attachments: #1 Exhibit Deposition Transcript of Hitendra Rawat, #2 Exhibit Deposition Transcript of Suzy Vazquez, #3 Exhibit Effects of Trauma, #4 Exhibit Deposition Transcript of John Butchko, #5 Exhibit Deposition Transcript of Dr. Molina, #6 Exhibit Deposition Transcript of Amanda Powell)(Courtney, Daniel) Modified by Sealing [121-4] pursuant to #124 Order on 4/27/2021 (nc).
April 23, 2021 Filing 120 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #116 Plaintiff's MOTION in Limine by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
April 19, 2021 Filing 119 Defendant's MOTION for Leave to File Sur-Reply by Carnival Corporation. (Levitt, Lauren)
April 13, 2021 Filing 118 REPLY to Response to Motion re #91 Plaintiff's MOTION to Strike PleadingsPlaintiff's MOTION for Default Judgment filed by Jane Doe. (Attachments: #1 Exhibit Vazquez Depo, #2 Exhibit Butchko Depo, #3 Exhibit FBI Notes, #4 Exhibit Molina Depo, #5 Exhibit Singh Depo, #6 Exhibit Email from Carnival)(Courtney, Daniel)
April 12, 2021 Filing 117 Defendant's MOTION in Limine (Omnibus) by Carnival Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Levitt, Lauren)
April 12, 2021 Filing 116 Plaintiff's MOTION in Limine by Jane Doe. (Attachments: #1 Exhibit FBI Notes, #2 Exhibit Vazquez Depo)(Courtney, Daniel)
April 8, 2021 Filing 115 Statement of: Reply to Defendants Statement of Additional Material Facts in response to Plaintiffs Statement of Undisputed Material Facts for Plaintiffs Motion for Partial Summary Judgment by Jane Doe re #111 Response/Reply (Other), (Courtney, Daniel)
April 8, 2021 Filing 114 REPLY to Response to Motion re #92 Plaintiff's MOTION for Partial Summary Judgment filed by Jane Doe. (Attachments: #1 Exhibit Deposition Transcript of Vikram Singh, #2 Exhibit Deposition Transcript of Suzy Vazquez, #3 Exhibit Photo of Inside of Closet, #4 Exhibit Photo of Inside of Closet Door)(Courtney, Daniel)
April 6, 2021 Filing 113 RESPONSE in Opposition re #91 Plaintiff's MOTION to Strike PleadingsPlaintiff's MOTION for Default Judgment filed by Carnival Corporation. Replies due by 4/13/2021. (Attachments: #1 Exhibit Defendants Notice of Producing Body Camera Footage, #2 Exhibit Carnivals Amended Response to Interrogatory No. 20, #3 Exhibit Carnivals Seventh Supplemental Response to Request for Production, #4 Exhibit Hitendra Rawat Depo., pg. 145-146, #5 Exhibit Declaration of Devendra Lokare, #6 Exhibit Defendant's Supplemental Responses to Request for Production, #7 Exhibit Defendant's Supplemental Responses to Interrogatories)(Levitt, Lauren)
April 1, 2021 Filing 112 RESPONSE to Motion re #92 Plaintiff's MOTION for Partial Summary Judgment filed by Carnival Corporation. Replies due by 4/8/2021. (Levitt, Lauren)
April 1, 2021 Filing 111 Defendant's RESPONSE to #93 Statement,, of Undisputed Material Facts for Plaintiff's Motion for Partial Summary Judgment by Carnival Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Levitt, Lauren)
March 31, 2021 Filing 110 Clerks Notice to Filer re #106 Reply to Response to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#109]. It is not necessary to refile this document. AND Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
March 30, 2021 Filing 109 REPLY to #103 Statement, by Carnival Corporation. (ls)(See Image at DE #106)
March 30, 2021 Opinion or Order Filing 108 PAPERLESS ORDER REFERRING #92 Plaintiff's Motion for Partial Summary Judgment, #94 Defendant's Motion for Partial Summary Judgment. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's motion #92 and Defendant's motion #94 are REFERRED to Magistrate Judge Edwin G. Torres for a Report and Recommendation. Signed by Judge Kathleen M. Williams on 3/30/2021. (sgi)
March 30, 2021 Filing 107 REPLY to Response to Motion re #90 Defendant's MOTION to Strike (Daubert Motion to Strike Ross Klein) filed by Carnival Corporation. (Levitt, Lauren)
March 30, 2021 Filing 106 REPLY to Response to Motion re #94 Defendant's MOTION for Partial Summary Judgment filed by Carnival Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Levitt, Lauren)
March 30, 2021 Filing 105 REPLY to Response to Motion re #94 Defendant's MOTION for Partial Summary Judgment filed by Carnival Corporation. (Levitt, Lauren)
March 23, 2021 Filing 104 RESPONSE in Opposition re #90 Defendant's MOTION to Strike (Daubert Motion to Strike Ross Klein) filed by Jane Doe. Replies due by 3/30/2021. (Attachments: #1 Exhibit CVSSA, #2 Exhibit Carnival Website, #3 Exhibit Vazquez Deposition)(Courtney, Daniel)
March 23, 2021 Filing 103 Statement of: Material Facts in Opposition to Defendants Statement of Undisputed Material Facts for Defendants Motion for Partial Summary Judgment by Jane Doe re #95 Statement, (Attachments: #1 Exhibit Texts Redacted, #2 Exhibit Vazquez Depo)(Courtney, Daniel)
March 23, 2021 Filing 102 RESPONSE in Opposition re #94 Defendant's MOTION for Partial Summary Judgment filed by Jane Doe. Replies due by 3/30/2021. (Courtney, Daniel)
March 22, 2021 Reset Deadlines as to #92 Plaintiff's MOTION for Partial Summary Judgment . Responses due by 4/1/2021 (ls)(per DE #101)
March 22, 2021 Opinion or Order Filing 101 PAPERLESS ORDER granting #100 Unopposed Motion for Extension of Time. Defendant shall file its response to Plaintiff's partial motion for summary judgment on or before April 1, 2021. Signed by Judge Kathleen M. Williams on 3/22/2021. (sgi)
March 22, 2021 Filing 100 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #92 Plaintiff's MOTION for Partial Summary Judgment by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
March 12, 2021 Reset Deadlines as to #91 Plaintiff's MOTION to Strike PleadingsPlaintiff's MOTION for Default Judgment . Responses due by 4/6/2021 (ls)(per DE #99)
March 12, 2021 Opinion or Order Filing 99 PAPERLESS ORDER granting #97 Motion for Extension of Time, for good cause shown in the unopposed motion. Defendant's Response to Plaintiff's #91 Motion to Strike now due on or before April 6, 2021. Signed by Magistrate Judge Edwin G. Torres on 3/12/2021. (ahg)
March 12, 2021 Filing 98 NOTICE OF WITHDRAWAL OF MOTION by Carnival Corporation re #94 Defendant's MOTION for Partial Summary Judgment filed by Carnival Corporation Partial (as to Count V Only) (Levitt, Lauren) Modified Text on 3/15/2021 (ls).
March 12, 2021 Filing 97 Defendant's MOTION for Extension of Time to respond to Plaintiff's Motion to Strike Pleadings re #91 Plaintiff's MOTION to Strike PleadingsPlaintiff's MOTION for Default Judgment by Carnival Corporation. Responses due by 3/26/2021 (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
March 10, 2021 Opinion or Order Filing 96 PAPERLESS ORDER REFERRING #90 Defendant's Motion to Strike, #91 Plaintiff's Motion to Strike. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's #90 Daubert Motion to Strike and Plaintiff's #91 motion to strike pleadings are REFERRED to United States Magistrate Judge Edwin G. Torres to take any appropriate action required by law. Signed by Judge Kathleen M. Williams on 3/10/2021. (sgi)
March 9, 2021 Filing 95 Statement of: Undisputed Material Facts by Carnival Corporation re #94 Defendant's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Deposition of Plaintiff, #2 Exhibit Deposition of Powell, #3 Exhibit Ticket Contract, #4 Exhibit Plaintiff's Response to Defendant's Request for Production)(Levitt, Lauren)
March 9, 2021 Filing 94 Defendant's MOTION for Partial Summary Judgment by Carnival Corporation. Responses due by 3/23/2021 (Levitt, Lauren)
March 9, 2021 Filing 93 Statement of: Undisputed Material Facts by Jane Doe re #92 Plaintiff's MOTION for Partial Summary Judgment (Attachments: #1 Exhibit Excerpt of Vazquez Depo Transcript, #2 Exhibit Def's Amended Resp to RFA 8-18-20, #3 Exhibit Def's Resp to Pl's Initial Rogs - 2-26-20, #4 Exhibit Excerpt of Doe Depo Transcript _Redacted, #5 Exhibit Statement of Plaintiff - Carnival - 12-2-18_Redacted, #6 Exhibit Excerpt of Powell Depo Transcripts_Redacted, #7 Exhibit Pltf's Answers to Initial Rogs - 3-3-20_Redacted)(Courtney, Daniel)
March 9, 2021 Filing 92 Plaintiff's MOTION for Partial Summary Judgment by Jane Doe. Responses due by 3/23/2021 (Courtney, Daniel)
March 9, 2021 Filing 91 Plaintiff's MOTION to Strike Pleadings ( Responses due by 3/23/2021), Plaintiff's MOTION for Default Judgment by Jane Doe. (Attachments: #1 Exhibit DOE - Ex. 1 - Disco Hearing Transcript - 7-16-20, #2 Exhibit DOE - Ex. 2 - Def's Resp to R4A - 2-28-20, #3 Exhibit DOE - Ex. 3 - Butchko Depo - Pgs 61, 116, 123, #4 Exhibit DOE - Ex. 4 - Def's Resp to P's R4P - 2-26-20, #5 Exhibit DOE - Ex. 5 - Def's 3rd Supp Resp to Pl's RFP - 7-15-20, #6 Exhibit DOE - Ex. 6 - Def's Seventh Suppl Responses to Pl's RFP, #7 Exhibit DOE - Ex. 7 - Def's Resp to Pl's Initial Rogs - 2-26-20, #8 Exhibit DOE - Ex. 8 - Def's Second Suppl Responses to Plaintiff's Interrogatories, #9 Exhibit DOE - Ex. 9 - Def's Amended Resp to RFA 8-18-20, #10 Exhibit DOE - Ex. 10 - Def's Third Suppl Responses to Plaintiff's Interrogatories (unverified), #11 Exhibit DOE - Ex. 11 - Disco Hearing Transcript - 9-25-20, #12 Exhibit DOE - Ex. 12 - Vazquez Depo - Pgs 44, 75, 196, #13 Exhibit DOE - Ex. 13 - Disco Hearing Transcript - 12-03-20, #14 Exhibit DOE - Ex. 14 - Rea recording Doe, #15 Exhibit DOE - Ex. 15 - Suyal Depo - Pgs 16, 57, #16 Exhibit DOE - Ex. 16 - List of when ships got BWC - Bates 1695, #17 Exhibit DOE - Ex. 17 - Security Watch Reports - Bates 1943, 1944, 1946, 1952, #18 Exhibit DOE - Ex. 18 - Videos provided by CARNIVAL depicting the camera numbers, #19 Exhibit DOE - Ex. 19 - ACSO recording FA, #20 Exhibit DOE - Ex. 20 - Rea's Security Watch Report - Redacted - Bates 1696-1697, #21 Exhibit DOE - Ex. 21 - Consent PP - Bates 705-706, #22 Exhibit DOE - Ex. 22 - Air view of Miracle, #23 Exhibit DOE - Ex. 23 - Screenshots of Initial 5 vids provided by oc of decks 9&10, #24 Exhibit DOE - Ex. 24 - Initial list of Cameras on Deck 10 - Bates 627, #25 Exhibit DOE - Ex. 25 - 25 screenshots from Decks 9 and 10, #26 Exhibit DOE - Ex. 26 - list of miracle cctv cameras, #27 Exhibit DOE - Ex. 27 - Altered Photos provided by o.c on seperate dates, #28 Exhibit DOE - Ex. 28 - Rawat Depo - Pg 81, #29 Exhibit DOE - Ex. 29 - Def's Amended Resp to Rog No. 20 - 12-22-20)(Courtney, Daniel)
March 9, 2021 Filing 90 Defendant's MOTION to Strike (Daubert Motion to Strike Ross Klein) by Carnival Corporation. Responses due by 3/23/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Levitt, Lauren)
January 29, 2021 Filing 89 REPLY to Response to Motion re #79 Plaintiff's MOTION to Compel Discovery filed by Jane Doe. (Attachments: #1 Exhibit Pages 45-48 from John Butchko Depo 12-22-20, #2 Exhibit Page 10 from Rea Datinguinoo Depo 01-04-21, #3 Exhibit Page 19 from Rea Datinguinoo Depo 01-04-21, #4 Exhibit Page 116 from John Butchko Depo 12-22-20, #5 Exhibit Rea Datinguinoo's Security Watch Report_Redacted, #6 Exhibit Pages 60-62 from John Butchko Depo 12-22-20, #7 Exhibit Videos provided by CARNIVAL depicting the camera numbers, #8 Exhibit Pages 159-160 from Vikram Singh Depo - 11-23-20)(Courtney, Daniel)
January 22, 2021 Filing 88 RESPONSE to Motion re #79 Plaintiff's MOTION to Compel Discovery filed by Carnival Corporation. Replies due by 1/29/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Levitt, Lauren)
January 15, 2021 Opinion or Order Filing 87 SECOND AMENDED SCHEDULING ORDER: Jury Trial reset for 7/19/2021 in Miami Division before Judge Kathleen M. Williams. Calendar Call reset for 7/13/2021 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 1/15/2021. See attached document for full details. (scn)
January 15, 2021 Opinion or Order Filing 86 PAPERLESS ORDER granting #83 Motion for Extension of Time. As set forth during the January 15, 2021 telephonic hearing, Defendant's motion #83 is GRANTED. Amended scheduling order to follow. Signed by Judge Kathleen M. Williams on 1/15/2021. (sgi)
January 15, 2021 Filing 85 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Conference held on 1/15/2021. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
January 14, 2021 Opinion or Order Filing 84 PAPERLESS ORDER. A telephonic hearing is SET for January 15, 2021 at 4:00 PM. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133# Signed by Judge Kathleen M. Williams on 1/14/2021. (sgi)
January 14, 2021 Filing 83 Defendant's MOTION for Extension of Time to File Pre-Trial Motions and Extension of Time to Complete Corporate Representative Deposition by Carnival Corporation. Responses due by 1/28/2021 (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Levitt, Lauren)
January 4, 2021 Opinion or Order Filing 82 ORDER granting DE #81 Expedited Motion for Leave to Continue Carnival's Corporate Representative Deposition. Signed by Judge Kathleen M. Williams on 1/4/2021. See attached document for full details. (mso)
January 4, 2021 Filing 81 Defendant's EXPEDITED MOTION For Leave to Continue Carnival's Corporate Representative Deposition (Unopposed) by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
December 22, 2020 Filing 80 NOTICE by Carnival Corporation re #60 Response to Motion (Defendant's Notice of Filing Second Supplement to its Response to Plaintiff's Motion for Sanctions)) (Attachments: #1 Exhibit Deposition of Natalia Molina) (Levitt, Lauren) Link Modified on 12/22/2020 (scn).
December 18, 2020 Filing 79 Plaintiff's MOTION to Compel Discovery by Jane Doe. Responses due by 1/4/2021 (Attachments: #1 Exhibit Defendant's Response to Supp RFP, #2 Text of Proposed Order)(Courtney, Daniel)
December 17, 2020 Opinion or Order Filing 78 PAPERLESS ORDER entered on #77 Expedited Motion to Quash Subpoenas.Upon review of the expedited motion, the Court finds good cause to STAY any enforcement of the subpoenas at issue pending further Order of the Court. The majority view appears to be that civil subpoenas of this sort run afoul of the Stored Communications Act under most circumstances. Moreover, enforcement of the subpoenas at this point may be moot given the imminent discovery cutoff, which would require compliance prior to such date and that is in all likelihood impossible given the volume of criminal matters service providers must first address. Thus there is no prejudice to staying any enforcement of the subpoenas at this point. Defendant may timely respond to the motion with any contrary authority and a showing that the subpoenas are not futile in this case. Signed by Magistrate Judge Edwin G. Torres on 12/17/2020. (EGT)
December 16, 2020 Filing 77 Plaintiff's EXPEDITED MOTION Quash Subpoenas by Jane Doe. (Attachments: #1 Exhibit Subpoenas (redacted), #2 Exhibit Emails between counsel, #3 Text of Proposed Order Proposed Order)(Courtney, Daniel)
December 11, 2020 Filing 76 TRANSCRIPT of telephonic discovery hearing held on 12-3-2020 before Magistrate Judge Edwin G. Torres, 1-52 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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021. (Savino, Dawn)
December 4, 2020 Filing 75 NOTICE of Compliance by Carnival Corporation (Levitt, Lauren)
December 3, 2020 Filing 74 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 12/3/2020. Attorney Appearance(s): William Robert Seitz, Lauren Ashley Levitt, Daniel Warren Courtney. Total time in court: 1 hour(s) : 13 minutes. (Digital EGT-02-12-3-2020-AT&T)
December 3, 2020 Filing 73 Clerks Notice to Filer re #72 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
December 2, 2020 Filing 72 NOTICE of Filing Supplement by Carnival Corporation re #60 Response to Motion (Attachments: #1 Exhibit Retraction of Allegation) (Levitt, Lauren) Modified Text on 12/3/2020 (ls).
November 30, 2020 Filing 71 NOTICE of Compliance by Jane Doe re 67 Notice re Hearing, (Courtney, Daniel)
November 18, 2020 Filing 70 FINAL MEDIATION REPORT by Elisabeth M. Rock. Disposition: Case did not settle. (Attachments: #1 Exhibit Mediator's Report)(Rock, Elisabeth)
November 3, 2020 Opinion or Order Filing 69 PAPERLESS ORDER DENYING #68 Motion for Protective Order.Plaintiff seeks to delay the previously scheduled deposition of the Plaintiff set for 12/4/2020. Plaintiff argues that good cause exists because Defendant's delays in complying with its discovery obligations has prevented Plaintiff from learning all the facts in the case. Plaintiff seeks a delay in her deposition so that she can depose additional defense witnesses who may have reviewed the CCTV footage produced by Defendant. The argument is meritless under Rule 26 because one party's discovery is not dependent on the status of another party's discovery. Defendant is entitled to pursue Plaintiff's deposition at an otherwise agreed upon date because Plaintiff knows the most about her alleged assault than anyone referenced in Plaintiff's motion. Moreover, the Court has entertained and is reviewing the record on Plaintiff's motion for sanctions with respect to the delayed production of CCTV video. That process has not concluded. But the disposition of that issue has no bearing on Plaintiff's request in this motion.The Court notes that this Order is relying upon Defendant's representation that all the CCTV footage at issue in the 9/25/2020 hearing has now been produced. The Court is relying on that representation in denying the pending motion. Of course, if it later turns out that such representations were, again, wrong the Court will then entertain dispositive Rule 37(b) sanctions and a finding of contempt of court. With that caveat, this motion is Denied. The deposition shall proceed as scheduled. Signed by Magistrate Judge Edwin G. Torres on 11/3/2020. (EGT)
November 3, 2020 Filing 68 Plaintiff's MOTION for Protective Order by Jane Doe. (Attachments: #1 Emails regarding depositions & discovery)(Courtney, Daniel)
October 26, 2020 Filing 67 PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 12/3/2020 at 11:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (ahg)
October 21, 2020 Filing 66 TRANSCRIPT of discovery hearing held on 9-25-2020 before Magistrate Judge Edwin G. Torres, 1-81 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 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/19/2021. (Savino, Dawn)
October 13, 2020 Filing 64 NOTICE by Carnival Corporation re Set/Reset Hearings,, Set/Reset Motion/R&R Deadlines and Hearings, of Producing Body Camera Videos (Levitt, Lauren)
September 28, 2020 Filing 63 NOTICE of Attorney Appearance by William Robert Seitz on behalf of Carnival Corporation. Attorney William Robert Seitz added to party Carnival Corporation(pty:dft). (Seitz, William)
September 25, 2020 Filing 65 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 9/25/2020. Attorney Appearance(s): Curtis Jay Mase, Lauren Ashley Levitt, Daniel Warren Courtney, (Digital AT&T Teleconference EGT-01-09-25-2020) (mdc)
September 25, 2020 Filing 62 NOTICE by Carnival Corporation of Partially Incomplete Discovery Response to Plaintiff's Request to Produce Number 73 and Apology to Court and Opposing Counsel (Mase, Curtis)
September 24, 2020 Filing 61 SUPPLEMENT to #60 Response to Motion (Supplemental Exhibit - Declaration of Rajesh Katakdhond) by Carnival Corporation (Levitt, Lauren)
September 23, 2020 Filing 60 RESPONSE to Motion re #53 Plaintiff's MOTION for Sanctions filed by Carnival Corporation. Replies due by 9/30/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Levitt, Lauren)
September 21, 2020 Filing 59 TRANSCRIPT of Discovery Hearing held on 7/16/2020 before Magistrate Judge Edwin G. Torres, 1-106 pages, Court Reporter: Judy Wolff, 305-523-5635. 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 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. (apz)
September 21, 2020 Filing 58 NOTICE of Compliance by Jane Doe (Courtney, Daniel)
September 18, 2020 Reset Hearings . ( Discovery Hearing reset for 9/25/2020 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres.), Reset Deadlines as to #53 Plaintiff's MOTION for Sanctions .( Responses due by 9/24/2020) (ls)(per DE #57)
September 18, 2020 Opinion or Order Filing 57 PAPERLESS ORDER granting in part and otherwise Denying #56 Motion to Continue Hearing.The motion is Granted in so far as the hearing date is CONTINUED to 10:30 a.m., 9/25/2020, for good cause shown. The hearing will be specially set for that time period. The response Ordered in [D.E. 55] may be filed by 9/24/2020. No further continuance can be granted given the issues raised and the imminent disclosure deadlines. Signed by Magistrate Judge Edwin G. Torres on 9/18/2020. (EGT)
September 17, 2020 Filing 56 Defendant's MOTION to Continue Discovery Hearing re 52 Notice re Hearing, by Carnival Corporation. Responses due by 10/1/2020 (Levitt, Lauren)
September 17, 2020 Opinion or Order Filing 55 PAPERLESS ORDER expediting briefing re #53 Motion for Sanctions. Upon review of the motion, Defendant shall file its response in opposition no later than 9/22/2020, which shall include sworn declarations from counsel and the client attesting to the manner and timing of the production of the video referenced in the motion. The hearing set for 9/24 shall proceed as scheduled. The time of the hearing is amended.Discovery hearing set for 9/24/2020 at 10:00 a.m. Signed by Magistrate Judge Edwin G. Torres on 9/17/2020. (EGT)
September 17, 2020 Opinion or Order Filing 54 PAPERLESS ORDER REFERRING #53 Plaintiff's Motion for Sanctions. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Plaintiff's motion #53 is REFERRED to United States Magistrate Judge Edwin G. Torres to take any appropriate action required by law. Signed by Judge Kathleen M. Williams on 9/17/2020. (sgi)
September 16, 2020 Filing 53 Plaintiff's MOTION for Sanctions by Jane Doe. (Attachments: #1 Exhibit Exhibit A - Defendant's Initial Responses to Discovery on 2/26/20, #2 Exhibit Exhibit B - Email to CARNIVAL regarding outstanding discovery responses on 3/6/20, #3 Exhibit Exhibit C - Email to CARNIVAL regarding outstanding discovery responses on 3/17/20, #4 Exhibit Exhibit D - Email from CARNIVAL requesting 45 stay on 3/17/20, #5 Exhibit Exhibit E - Defendant's Supplemental Responses to Discovery on 4/2/20, #6 Exhibit Exhibit F - Defendant's Supplemental Responses to Discovery on 7/15/20, #7 Exhibit Exhibit G - Defendant's Amended Privilege Log 8/18/20, #8 Exhibit Exhibit H - [D.E. 50] - Order on 7-16-20 Hearing - 8/11/20, #9 Exhibit Exhibit I - Different Doe - DE 70 - Order granting access to sensitive material - 2/18/14, #10 Exhibit Exhibit J - Different Doe - DE 59 - Order granting spoliation discovery 01/21/14, #11 Exhibit Exhibit K - Defendant's Supplemental Responses to Discovery on 8/18/20, #12 Exhibit Exhibit L - Email to CARNIVAL regarding failure to comply with court order 8/21/20, #13 Exhibit Exhibit M - Villeta v Carnival - Disco Hearing Transcript - 07/23/14)(Courtney, Daniel)
September 2, 2020 Filing 52 PAPERLESS NOTICE of Telephonic Hearing: A Telephonic Discovery Hearing is set for 9/24/2020 at 10:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (ahg)
August 20, 2020 Filing 51 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re 49 PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 9/3/2020 at 11:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (ahg) (Levitt, Lauren)
August 20, 2020 Discovery Hearing(s) terminated. (ls)(per DE #51)
August 17, 2020 Attorney Daniel Warren Courtney representing Carnival Corporation (Defendant) and Rock, Elisabeth M. (Mediator) terminated. This attorney only represents the Plaintiff in this case. (jua)
August 17, 2020 Attorney Lauren Ashley Levitt representing Doe, Jane (Plaintiff) and Rock, Elisabeth M. (Mediator); Attorney Curtis Jay Mase representing Doe, Jane (Plaintiff) and Rock, Elisabeth M. (Mediator); terminated. These attorneys only represent the Defendant in this case. (jua)
August 11, 2020 Opinion or Order Filing 50 DISCOVERY ORDER RE: 7/16/2020 Hearing. Signed by Magistrate Judge Edwin G. Torres on 8/11/2020. See attached document for full details. (EGT)
August 3, 2020 Filing 49 PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 9/3/2020 at 11:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (ahg)
July 16, 2020 Filing 48 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 7/16/2020. Proposed Order due on Monday, 7/20/20. Attorney Appearance(s): Daniel Warren Courtney, Curtis Jay Mase, Lauren Ashley Levitt. Total time in court: 2 hour(s) : 2 minutes. (Digital 10:34:10 (DAR - Courtroom of Judge Louis - Atkins Bldg)) (mdc)
July 13, 2020 Filing 47 NOTICE of Compliance by Jane Doe (Courtney, Daniel)
June 30, 2020 Filing 46 Clerks Notice to Filer re #45 Notice of Mediator Selection and/or Hearing. Wrong Event Selected; ERROR - The Filer selected the wrong event. It is not necessary to refile this document. (ls)
June 29, 2020 Filing 45 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Elisabeth M. Rock as Mediator. Mediation Hearing set for 11/18/2020 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Levitt, Lauren)
June 12, 2020 Filing 44 PAPERLESS NOTICE of RE-SETTING Hearing: The Telephonic Discovery Hearing scheduled for 7/9/2020 at 10:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres is RESET for 7/16/2020 at 10:30 AM. The parties shall follow the dial-in instructions provided in the previous notice that set the original hearing. (ahg)
June 2, 2020 Filing 43 PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 7/9/2020 at 10:30 AM in the Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). Parties appearing at the telephonic conference must be on a landline to facilitate communication. Any counsel appearing at the hearing that is passively listening may appear by cellular phone or other means so long as the device may be muted. (ahg)
May 29, 2020 Opinion or Order Filing 42 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On or before June 29, 2020, the Parties shall select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a notice scheduling mediation as shown on the Sample Form Order Scheduling Mediation found in the Forms located on the Court's website. If the Parties cannot agree on a mediator, they shall notify the Clerk in writing immediately, and the Clerk shall designate a certified mediator on a blind rotation basis. Counsel for all Parties shall familiarize themselves with, and adhere to, all provisions of Local Rule 16.2. Once filed, the Parties' notice scheduling mediation shall bind the Parties. The Parties' mediation date shall not be rescheduled without leave of Court. The parties are responsible for ensuring that within three business days of the mediation, a mediation report is filed, indicating whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Kathleen M. Williams on 5/29/2020. (sgi)
May 29, 2020 Opinion or Order Filing 41 AMENDED SCHEDULING ORDER: The stay in this matter is lifted. Jury Trial reset for 6/7/2021 in Miami Division before Judge Kathleen M. Williams. Calendar Call reset for 6/1/2021 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 5/29/2020. See attached document for full details. (scn) #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.
May 29, 2020 Opinion or Order Filing 40 PAPERLESS ORDER denying #34 Motion to Stay. Defendant's renewed motion to stay is DENIED. Amended scheduling order to follow. Signed by Judge Kathleen M. Williams on 5/29/2020. (sgi)
May 26, 2020 Filing 39 Clerks Notice to Filer re #37 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#38]. It is not necessary to refile this document. (ls)
May 22, 2020 Filing 38 REPLY to Response to Motion re #34 Renewed MOTION to Stay (Unopposed) filed by Carnival Corporation. (ls)(See Image at DE #37)
May 22, 2020 Filing 37 RESPONSE in Support re #34 Renewed MOTION to Stay (Unopposed) filed by Carnival Corporation. (Attachments: #1 Exhibit)(Levitt, Lauren)
May 15, 2020 Filing 36 RESPONSE to Motion re #34 Renewed MOTION to Stay (Unopposed) filed by Jane Doe. Replies due by 5/22/2020. (Courtney, Daniel)
May 14, 2020 Filing 35 NOTICE by Carnival Corporation re 32 Order on Motion to Stay, of Filing Joint Proposed Scheduling Order in Compliance (Levitt, Lauren)
May 11, 2020 Filing 34 Renewed MOTION to Stay (Unopposed) by Carnival Corporation. Responses due by 5/26/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Levitt, Lauren)
March 31, 2020 Filing 33 PAPERLESS NOTICE OF CANCELLATION OF HEARING: The TELEPHONIC discovery hearing set for April 17, 2020 at 1:30 P.M. before Magistrate Judge Edwin G. Torres is CANCELLED as the case has been stayed for 45 days. (ahg)
March 30, 2020 Opinion or Order Filing 32 PAPERLESS ORDER granting #30 Motion to Stay. Defendant's motion to stay is GRANTED. This matter is STAYED for 45 days. The Parties shall file an amended scheduling order on or before May 14, 2020 Signed by Judge Kathleen M. Williams on 3/30/2020. (sgi)
March 30, 2020 Reset Deadlines Per DE#32. Amended Joint Scheduling Report due by 5/14/2020 (cqs)
March 27, 2020 Filing 31 RESPONSE to Motion re #30 MOTION to Stay for 45 days filed by Jane Doe. Replies due by 4/3/2020. (Attachments: #1 Exhibit)(Courtney, Daniel)
March 26, 2020 Filing 30 MOTION to Stay for 45 days by Carnival Corporation. Responses due by 4/9/2020 (Attachments: #1 Exhibit Chief Judge Moore's Ruling, #2 Exhibit S.D. Fla Administrative Orders, #3 Exhibit Fla. 11th Cir. Administrative Orders, #4 Exhibit Fla. S. Ct. Administrative Orders, #5 Exhibit Proposed Order Granting Motion)(Levitt, Lauren)
March 18, 2020 Filing 29 PAPERLESS NOTICE of Hearing: A TELEPHONIC hearing is set for April 17, 2020 at 1:30 P.M. before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for all parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (mdc)
March 5, 2020 Filing 28 PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Discovery Hearing set for March 6, 2020 at 1:30 PM is hereby CANCELLED upon notice that the parties have resolved the underlying discovery dispute. (js02)
March 2, 2020 Filing 27 NOTICE of Compliance by Jane Doe (Courtney, Daniel)
February 20, 2020 Filing 26 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 3/6/2020 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02)
February 19, 2020 Opinion or Order Filing 25 ORDER granting #22 Motion for Disclosure Order re Privacy Act Documents and authorizing issuance of subpoena. Signed by Magistrate Judge Edwin G. Torres on 2/20/2020. See attached document for full details. (EGT)
February 7, 2020 Filing 24 NOTICE by Carnival Corporation Joint Notice of Filing Proposed Order Scheduling Mediation (Attachments: #1 Text of Proposed Order) (Levitt, Lauren)
February 7, 2020 Filing 23 Joint NOTICE of Mediator Selection and Hearing. Joint Notice of Filing Proposed Order Scheduling Mediation Selected/Added Elisabeth M. Rock as Mediator. Mediation Hearing set for 04/6/2020 at 10:00 a.m.. (Levitt, Lauren)
February 3, 2020 Filing 22 Plaintiff's MOTION for Disclosure of Documents Pursuant to the Federal Privacy Act by Jane Doe. (Attachments: #1 Text of Proposed Order)(Courtney, Daniel)
January 9, 2020 Opinion or Order Filing 21 PAPERLESS ORDER denying #20 Motion for Reconsideration. THIS MATTER is before the Court on Plaintiff's motion #20 for reconsideration of the Court's order 15 on Defendant's motion for judgment on the pleadings. For failure to show good cause, Plaintiff's motion is DENIED. Signed by Judge Kathleen M. Williams on 1/9/2020. (sgi)
January 9, 2020 Filing 20 Plaintiff's MOTION for Reconsideration re 15 Order on Motion for Judgment on the Pleadings,, by Jane Doe. (Attachments: #1 Exhibit Daniel W. Courtney's Affidavit, #2 Exhibit Plaintiff's Response to Defendant's Motion for Judgment on the Pleadings, #3 Text of Proposed Order Proposed Order)(Courtney, Daniel)
January 8, 2020 Filing 19 Clerks Notice to Filer re #14 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#18]. It is not necessary to refile this document. (ls)
January 8, 2020 Filing 18 JOINT SCHEDULING REPORT - Rule 26(f) by Carnival Corporation, Jane Doe (ls)(See Image at DE #14)
January 8, 2020 Opinion or Order Filing 17 SCHEDULING ORDER: ( Jury Trial set for 12/7/2020 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 12/1/2020 11:00 AM in Miami Division before Judge Kathleen M. Williams.), and Referring Case to Mediation. ( Mediation Deadline 6/26/2020.) Signed by Judge Kathleen M. Williams on 1/8/2020. See attached document for full details. (ls) #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.
January 7, 2020 Filing 16 Amended ANSWER and Affirmative Defenses to Complaint by Carnival Corporation. (Levitt, Lauren)
January 7, 2020 Opinion or Order Filing 15 PAPERLESS ORDER granting #12 Motion for Judgment on the Pleadings. THIS MATTER is before the Court on Defendant's motion for judgment on the pleadings. #12 . Plaintiff has not filed any response in opposition to Defendant's motion and the time to do so has passed. Pursuant to Local Rule 7.1(c), the failure to serve an opposing memorandum of law within 14 days after the service of a motion may be deemed sufficient cause for granting the motion by default. Accordingly, Defendant's motion #12 is GRANTED and judgment as to Plaintiff's claims for punitive damages is GRANTED in favor of Defendant. Signed by Judge Kathleen M. Williams on 1/7/2020. (sgi)
January 7, 2020 Filing 14 NOTICE by Carnival Corporation of Parties' Joint Conference Report and Proposed Scheduling Order (Attachments: #1 Appendix A) (Levitt, Lauren)
January 2, 2020 Filing 13 NOTICE of Attorney Appearance by Lauren Ashley Levitt on behalf of Carnival Corporation. Attorney Lauren Ashley Levitt added to party Carnival Corporation(pty:dft). (Levitt, Lauren)
December 20, 2019 Filing 12 Defendant's MOTION for Judgment on the Pleadings by Carnival Corporation. (Mase, Curtis)
December 18, 2019 Filing 11 ANSWER and Affirmative Defenses to Complaint by Carnival Corporation. (Mase, Curtis)
December 17, 2019 Reset Answer Due Deadline: Carnival Corporation response due 12/27/2019. (ls)(per DE #10)
December 17, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Unopposed Motion to Set Aside Default. The Clerks entry of default as to Defendant Carnival Corporation #7 is VACATED. Defendant shall file a response to Plaintiff's Complaint on or before December 27, 2019. Signed by Judge Kathleen M. Williams on 12/17/2019. (sgi)
December 16, 2019 Filing 9 Defendant's MOTION to Set Aside Default by Carnival Corporation. (Attachments: #1 Exhibit Affidavit of Curtis Mase, #2 Exhibit Affidavit of Kathleen Fehr, #3 Exhibit Answer and Affirmative Defenses, #4 Text of Proposed Order Proposed Order)(Mase, Curtis)
December 14, 2019 Filing 8 NOTICE of Attorney Appearance by Curtis Jay Mase on behalf of Carnival Corporation. Attorney Curtis Jay Mase added to party Carnival Corporation(pty:dft). (Mase, Curtis)
December 13, 2019 Filing 7 "VACATED" Clerks Entry of Default as to Carnival Corporation - Motions Terminated: #6 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 12/13/2019. (ls) Modified on 12/18/2019 (ls). (Vacated per DE #10)
December 12, 2019 Filing 6 Plaintiff's MOTION for Clerks Entry of Default as to CARNIVAL CORPORATION by Jane Doe. (Courtney, Daniel)
December 12, 2019 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jane Doe. CARNIVAL CORPORATION served on 11/20/2019, answer due 12/11/2019. (Courtney, Daniel)
November 21, 2019 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters and Notice of Court Practices and Procedures. Signed by Judge Kathleen M. Williams on 11/21/2019. See attached document for full details. (ls)
November 19, 2019 Filing 3 Summons Issued as to CARNIVAL CORPORATION. (amb)
November 18, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the 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 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. (amb)
November 18, 2019 Filing 1 COMPLAINT FOR DAMAGES against CARNIVAL CORPORTAION. Filing fees $ 400.00 receipt number 113C-12157854, filed by Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Courtney, Daniel)

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Search for this case: Doe v. Carnival Corporation
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Plaintiff: Jane Doe
Represented By: Daniel Warren Courtney
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Defendant: CARNIVAL CORPORTAION
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Defendant: Carnival Corporation
Represented By: Lauren Ashley Levitt
Represented By: Curtis Jay Mase
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Defendant: Carnival Corporation doing business as Carnival Cruise Line
Represented By: Lauren Ashley Levitt
Represented By: Curtis Jay Mase
Represented By: William Robert Seitz
Represented By: Lauren Nicole Cabeza
Represented By: Tyler Joseph Rauh
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