Case v. Celebrity Cruises, Inc.
| Alison Case |
| Stuart Cove's Dive Bahamas, Inc., Celebrity Cruises, Inc., Nassau Undersea Adventures, Ltd. and Nassau Undersea Adventures, Ltd. a Bahamian Corp. doing business as Stuart Cove's Dive Bahamas |
| 1:2020cv21826 |
| May 1, 2020 |
| US District Court for the Southern District of Florida |
| Edwin G Torres |
| Kathleen M Williams |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2021. A more recent docket listing may be available from PACER.
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| Filing 47 Joint STIPULATION of Dismissal with Prejudice by Alison Case (Rivkind, Brett) Modified Text on 4/19/2021 (ls). |
Filing 46
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice #45 indicating that the Parties have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before April 19, 2021, the Parties shall file a joint stipulation to dismiss. The Court shall retain jurisdiction as provided in the notice #45 until April 19, 2021. The dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 2/16/2021. (sgi)
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| Filing 45 NOTICE of Settlement and Joint Motion to Retain Jurisdiction by Celebrity Cruises, Inc. (Attachments: #1 Text of Proposed Order) (Alcivar, Natasha) |
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Filing 44
PAPERLESS ORDER granting #43 Motion for Extension of Time. Defendant Celebrity Cruises Inc. shall file its response to Plaintiff's complaint on or before February 16, 2021. No further extensions shall be granted. Signed by Judge Kathleen M. Williams on 2/9/2021. (sgi)
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| Reset Answer Due Deadline: Celebrity Cruises, Inc. response due 2/16/2021. (ls)(per DE #44) |
| Filing 43 MOTION for Extension of Time to File Response/Reply/Answer as to #41 Amended Complaint/Amended Notice of Removal by Celebrity Cruises, Inc.. (Attachments: #1 Text of Proposed Order)(Alcivar, Natasha) |
| Filing 42 ANSWER and Affirmative Defenses to Amended Complaint by Nassau Undersea Adventures, Ltd.. (Kallen, John) |
| Filing 41 Third AMENDED COMPLAINT against Celebrity Cruises, Inc., Nassau Undersea Adventures, Ltd., Stuart Cove's Dive Bahamas, Inc., filed by Alison Case.(Rivkind, Brett) |
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Filing 40
AMENDED SCHEDULING ORDER: Jury Trial reset for 10/12/2021 in Miami Division before Judge Kathleen M. Williams. Calendar Call reset for 10/5/2021 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 1/21/2021. See attached document for full details. (scn)
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| Filing 39 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Conference held on 1/21/2021. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) |
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Filing 38
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' joint motion for extension of deadlines. The Parties' motion is GRANTED as set forth during the January 21, 2021 telephonic hearing. Amended scheduling order to follow. Signed by Judge Kathleen M. Williams on 1/21/2021. (sgi)
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Filing 37
PAPERLESS ORDER. A telephonic hearing is SET for January 21, 2021 at 11:00 AM. 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 1/15/2021. (sgi)
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| Filing 36 Joint MOTION for Extension of Time of Deadlines by Alison Case. Responses due by 1/29/2021 (Attachments: #1 Text of Proposed Order)(Rivkind, Brett) |
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Filing 35
ORDER Affirming and Adopting #32 Report and Recommendation; Granting in part and denying in part #23 Motion to Dismiss for Failure to State a Claim. Plaintiff may file an amended complaint as set forth in the Report within fourteen days of this Order. Signed by Judge Kathleen M. Williams on 1/14/2021. See attached document for full details. (scn) Text Modified on 1/15/2021 (scn).
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| Filing 34 MEDIATION REPORT by Manuel R. Morales, Jr.. Disposition: Adjourned.(Morales, Manuel) |
| Filing 33 OBJECTIONS to #32 Report and Recommendations on Defendant's Motion to Dismiss by Alison Case. (Rivkind, Brett) |
| Filing 32 REPORT AND RECOMMENDATION re #23 MOTION TO DISMISS #18 Second Amended Complaint filed by Celebrity Cruises Inc. Recommending that the Motion be GRANTED in part and DENIED in part. Objections to R&R due by 12/28/2020. Signed by Magistrate Judge Edwin G. Torres on 12/11/2020. See attached document for full details. (ahg) |
| Filing 31 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Celebrity Cruises, Inc. identifying Corporate Parent Royal Caribbean Cruises Ltd., Other Affiliate Paul Hehir for Celebrity Cruises, Inc. (Alcivar, Natasha) |
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Filing 30
PAPERLESS ORDER granting #21 Motion for Extension of Time to File Response/Answer to Second Amended Complaint, nunc pro tunc, for good cause in the unopposed motion and for the time period requested. The pending motion to dismiss is deemed timely filed.. Signed by Magistrate Judge Edwin G. Torres on 10/20/2020. (EGT)
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| Filing 29 REPLY to Response to Motion re #23 MOTION TO DISMISS #18 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Celebrity Cruises, Inc.. (Alcivar, Natasha) |
| Filing 28 NOTICE of Mediator Selection and Hearing. Selected/Added Manuel R Morales, Jr as Mediator. Mediation Hearing set for 1/12/2021 @ 9 am. (Morales, Manuel) |
| Filing 27 Clerks Notice to Filer re #26 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) |
| Filing 26 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Manuel R Morales, Jr as Mediator. Mediation Hearing set for 01/12/2021 at 9:00 a.m.. (Attachments: #1 Text of Proposed Order Order Scheduling Mediation)(Rivkind, Brett) |
| Filing 25 RESPONSE to Motion re #23 MOTION TO DISMISS #18 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Alison Case. Replies due by 10/13/2020. (Rivkind, Brett) |
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Filing 24
PAPERLESS ORDER REFERRING #23 MOTION TO DISMISS. THIS MATTER is before the Court on a sua sponte review of the record. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's motion #23 is REFERRED to United States Magistrate Judge Edwin G. Torres for a report and recommendation. Signed by Judge Kathleen M. Williams on 9/24/2020. (sgi)
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| Filing 23 MOTION TO DISMISS #18 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Celebrity Cruises, Inc.. Responses due by 10/5/2020 (Attachments: #1 A - Cruise Ticket Contract, #2 B - Shore Excursion Ticket, #3 C - Shore Excursion Brochure)(Alcivar, Natasha) |
| Filing 22 ANSWER and Affirmative Defenses to Amended Complaint by Nassau Undersea Adventures, Ltd.. (Kallen, John) |
| Filing 21 MOTION for Extension of Time to File Response/Reply/Answer as to #18 Amended Complaint/Amended Notice of Removal, by Celebrity Cruises, Inc.. (Attachments: #1 Text of Proposed Order)(Alcivar, Natasha) |
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Filing 20
SCHEDULING ORDER: Jury Trial set for 9/13/2021 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 9/7/2021 11:00 AM in Miami Division before Judge Kathleen M. Williams. Mediation Deadline 4/19/2021. Signed by Judge Kathleen M. Williams on 9/10/2020. 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.
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Filing 19
PAPERLESS ORDER denying as moot #10 Motion to Dismiss. In light of Plaintiff's second amended complaint #18 , Defendant's motion to dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 9/1/2020. (sgi)
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| Filing 18 Second AMENDED COMPLAINT Demand for Jury Trial against Celebrity Cruises, Inc., Nassau Undersea Adventures, Ltd., Stuart Cove's Dive Bahamas, Inc. filed in response to Order Granting Motion for Leave, filed by Alison Case.(Rivkind, Brett) |
| Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by Alison Case (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Rivkind, Brett) |
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Filing 16
PAPERLESS ORDER granting #13 Unopposed Motion for Leave to File. Plaintiff shall file its second amended complaint on or before September 8, 2020. Signed by Judge Kathleen M. Williams on 8/31/2020. (sgi)
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,,, by Alison Case. (Attachments: #1 Affidavit)(Rivkind, Brett) |
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Filing 14
PAPERLESS ORDER TO SHOW CAUSE. On May 4, 2020, the Court issued an Order #4 requiring that "WITHIN TWENTY (20) DAYS from the date that the last defendant files a responsive pleading, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." To date, the Parties have failed to file a joint conference report or a joint proposed scheduling order. Accordingly, it is ORDERED AND ADJUDGED that the Parties shall SHOW CAUSE by September 1, 2020 at 5:00 p.m. as to why the Parties shall not be held in contempt or this matter be dismissed for failure to comply with the Court's order. Signed by Judge Kathleen M. Williams on 8/28/2020. (sgi)
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| Filing 13 Plaintiff's MOTION for Leave to File Second Amended Complaint by Alison Case. (Attachments: #1 Text of Proposed Order)(Rivkind, Brett) |
| Set Deadlines per DE 12 Order as to #10 MOTION TO DISMISS. Responses due by 9/1/2020. (kpe) |
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Filing 12
PAPERLESS ORDER granting #11 Unopposed Motion for Extension of Time. Plaintiff shall file her response to Defendant's motion to dismiss #10 on or before September 1, 2020. Signed by Judge Kathleen M. Williams on 8/14/2020. (sgi)
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| Filing 11 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Alison Case. (Attachments: #1 Text of Proposed Order)(Rivkind, Brett) |
| Filing 10 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM by Celebrity Cruises, Inc.. Attorney Natasha K. Alcivar added to party Celebrity Cruises, Inc.(pty:dft). Responses due by 8/18/2020 (Attachments: #1 Exhibit A - Cruise Ticket Contract, #2 Exhibit B - Shore Excursion Ticket, #3 Exhibit C - Shore Excursion Brochure)(Alcivar, Natasha) |
| Filing 9 ANSWER and Affirmative Defenses to Amended Complaint by Nassau Undersea Adventures, Ltd.. Attorney John David Kallen added to party Nassau Undersea Adventures, Ltd.(pty:dft). (Kallen, John) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Alison Case. Celebrity Cruises, Inc. waiver sent on 6/5/2020, answer due 8/4/2020. (Rivkind, Brett) |
| Filing 7 Summons Issued as to Nassau Undersea Adventures, Ltd.. (ls) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Alison Case. (Attachments: #1 Summon(s))(Rivkind, Brett) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Alison Case. Celebrity Cruises, Inc. waiver sent on 5/12/2020, answer due 7/13/2020. (Rivkind, Brett) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 5/4/2020. See attached document for full details. (scn)
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| Filing 3 Summons Issued as to Celebrity Cruises, Inc., Stuart Cove's Dive Bahamas, Inc. (mc) |
| 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. (mc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12828474, filed by Alison Case. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Rivkind, Brett) |
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