VIKING HOSPITALITY II, LLC v. PANTROPIC POWER, INC. et al
| VIKING HOSPITALITY II, LLC |
| CATERPILLAR INC. and PANTROPIC POWER, INC. |
| 1:2020cv23660 |
| September 2, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| Contract: Marine |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
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Filing 56
ORDER ADMINISTRATIVELY CLOSING CASE UPON NOTICE OF SETTLEMENT Signed by Judge Marcia G. Cooke on 4/23/2021. See attached document for full details. (jbs)
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| Filing 55 NOTICE of Settlement by VIKING HOSPITALITY II, LLC (Zeher, Nicholas) |
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Filing 54
PAPERLESS ORDER regarding 43 Documents Filed Under Seal Pursuant to Post-Discovery Hearing Administrative Order. The Undersigned has reviewed the documents submitted under seal by Defendant Pantropic Power, Inc. for in camera review, and finds that Pantropic's redactions are consistent with the Undersigned's #42 Post-Discovery Hearing Administrative Order regarding Request for Production No. 23. Signed by Magistrate Judge Jonathan Goodman on 4/15/2021. (km03)
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| Filing 53 NOTICE by VIKING HOSPITALITY II, LLC Notice of Filing (Attachments: #1 Affidavit of Kristian Zeher) (Zeher, Nicholas) |
| Filing 52 NOTICE by VIKING HOSPITALITY II, LLC Notice of Filing (Attachments: #1 Affidavit of Michael Walsh) (Zeher, Nicholas) |
| Filing 51 Notice of Entry of Parties Listed (Zeher, Nicholas) |
| Filing 50 Notice of Entry of Parties Listed on #48 Notice of Mediator Selection and/or Hearing into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Pamela I. Perry. (Zeher, Nicholas) |
| Filing 49 Clerks Notice to Filer re #48 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (jbs) |
| Filing 48 Plaintiff's NOTICE of Mediator Selection and Hearing. Pamela I. Perry Selected/Added VIKING HOSPITALITY II, LLC as Mediator. Mediation Hearing set for 4/20/2021. (Attachments: #1 Supplement)(Zeher, Nicholas) |
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Filing 47
PAPERLESS ORDER denying as moot #35 Motion for Hearing. Signed by Judge Marcia G. Cooke on 3/24/2021. (bai)
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Filing 46
ENDORSED ORDER Setting Hearing on #26 and #27 Motions. Motion Hearing set for 5/4/2021 10:30 AM before Judge Marcia G. Cooke via Zoom. The Parties will be provided a link before the hearing. Please do not contact Chambers to request a link. Signed by Judge Marcia G. Cooke on 3/24/2021. (bai)
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| Filing 45 NOTICE of Compliance with Court Order (D.E. 42) by PANTROPIC POWER, INC. re #42 Order (McLuskey, John) |
| Filing 44 Clerks Notice to Filer re 43 Sealed Document. Document Not Captioned; In the future The Filer must File a Notice of Filing with the attached Exhibit with the proper caption pursuant to Local Rules. It is not necessary to refile this document. (nc) |
| SYSTEM ENTRY - Docket Entry 43 [misc] restricted/sealed until further notice. (523366) |
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Filing 42
Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/11/2021. See attached document for full details. (km03)
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| Filing 41 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 1/8/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): John W. McLuskey, Nicholas J Zeher, Other appearances: Daniel Alison, Lisa Riddle. (Digital JG_01_01-08-2020) (fbn) |
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Filing 40
PAPERLESS ORDER regarding Discovery Hearing. By 2:15 pm today, Plaintiff shall submit Pantropic's privilege log to the Undersigned's e-file inbox (goodman@flsd.uscourts.gov). Signed by Magistrate Judge Jonathan Goodman on 1/8/2021. (km03)
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Filing 39
PAPERLESS ORDER regarding Telephonic Discovery Hearing set for 1/8/2021 at 2:30 PM. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 1/6/2021. (km03)
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| Filing 38 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/8/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Zeher, Nicholas) |
| Filing 37 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/8/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Zeher, Nicholas) |
| Filing 36 NOTICE of Mediator Selection. Selected/Added Michael P Essington as Mediator. (Zeher, Nicholas) |
| Filing 35 Defendant's MOTION for Hearing re #27 MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal Requesting Oral Argument on Motion to Dismiss Amended Complaint by PANTROPIC POWER, INC.. (McLuskey, John) |
| Filing 34 REPLY to Response to Motion re #27 MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal filed by PANTROPIC POWER, INC.. (McLuskey, John) |
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Filing 33
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES AND ORDER OF REFERRAL TO MEDIATION (Jury Trial set for 1/31/2022 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 1/26/2022 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 12/4/2020., Expert Discovery due by 8/13/2021., Fact Discovery due by 7/2/2021., Joinder of Parties due by 12/4/2020., Mediation Deadline 10/15/2021., In Limine Motions due by 12/27/2021., Dispositive Motions due by 8/27/2021., Motions due by 8/27/2021., Pretrial Stipulation due by 12/27/2021.) Signed by Judge Marcia G. Cooke on 11/20/2020. See attached document for full details. (jbs) #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 32
ENDORSED ORDER denying as moot #15 Motion to Dismiss. This Motion is moot in light of Plaintiff's Amended Complaint. Signed by Judge Marcia G. Cooke on 11/19/2020. (bai)
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Filing 31
ENDORSED ORDER denying as moot #14 Motion to Dismiss. This Motion is moot in light of Plaintiff's Amended Complaint. Signed by Judge Marcia G. Cooke on 11/19/2020. (bai)
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| Filing 30 REPLY BRIEF IN SUPPORT OF #26 First MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal and Motion to Strike filed by CATERPILLAR INC.. (Attachments: #1 Exhibit EXHIBIT A)(Cook, Kimberly) Modified text on 11/20/2020 (ebz). |
| Filing 29 RESPONSE in Opposition re #27 MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal filed by VIKING HOSPITALITY II, LLC. Replies due by 11/20/2020. (Zeher, Nicholas) |
| Filing 28 RESPONSE in Opposition re #26 First MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal filed by VIKING HOSPITALITY II, LLC. Replies due by 11/19/2020. (Zeher, Nicholas) |
| Filing 27 MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal by PANTROPIC POWER, INC.. Responses due by 11/13/2020 (Attachments: #1 Exhibit A)(McLuskey, John) |
| Filing 26 First MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal by CATERPILLAR INC.. Responses due by 11/12/2020 (Cook, Kimberly) |
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Filing 25
Stipulated Confidentiality and Protective ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/26/2020. See attached document for full details. (km03)
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| Filing 24 Clerks Notice to Filer re #22 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#23]. It is not necessary to refile this document. (lk) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by CATERPILLAR INC. See image at DE #22 (lk) |
| Filing 22 NOTICE by CATERPILLAR INC. Certificate of Interested Persons and Corporate Disclosure Statement (Cook, Kimberly) |
| Filing 21 NOTICE by CATERPILLAR INC. of Filing Stipulation and Confidentiality Order (Attachments: #1 Appendix Stipulation and Confidentiality Order) (Cook, Kimberly) |
| Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by PANTROPIC POWER, INC. (McLuskey, John) |
| Filing 19 Plaintiff's Corporate Disclosure Statement by VIKING HOSPITALITY II, LLC (Zeher, Nicholas) |
| Filing 18 Plaintiff's AMENDED COMPLAINT against CATERPILLAR INC., PANTROPIC POWER, INC., filed by VIKING HOSPITALITY II, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zeher, Nicholas) |
| Filing 17 Joint NOTICE of Mediator Selection. Selected/Added Michael P Essington as Mediator. (McLuskey, John) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by PANTROPIC POWER, INC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McLuskey, John) |
| Filing 15 Defendant's MOTION to Dismiss #1 Complaint, by PANTROPIC POWER, INC.. Responses due by 10/29/2020 (Attachments: #1 Exhibit Exhibit A)(McLuskey, John) |
| Filing 14 Defendant's MOTION to Dismiss #1 Complaint, and Incorporated Memorandum of Law by CATERPILLAR INC.. Responses due by 10/19/2020 (Attachments: #1 Text of Proposed Order)(Cook, Kimberly) |
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Filing 13
ENDORSED ORDER granting #12 Motion for Extension of Time. Defendant, CATERPILLAR INC., shall respond to Plaintiff's Complaint on or before October 5, 2020. Signed by Judge Marcia G. Cooke on 9/23/2020. (bai)
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| Filing 12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by CATERPILLAR INC.. (Attachments: #1 Text of Proposed Order)(Cook, Kimberly) |
| Set/Reset Answer Due Deadline as per DE 11 : PANTROPIC POWER, INC. response due 10/15/2020. (lk) |
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Filing 11
ENDORSED ORDER granting #10 Motion for Extension of Time. Defendant, Pantropic Power, shall respond to the Complaint on or before October 15, 2020. Signed by Judge Marcia G. Cooke on 9/19/2020. (bai)
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| Filing 10 MOTION for Extension of Time to Respond to Complaint by PANTROPIC POWER, INC.. Responses due by 10/2/2020 (McLuskey, John) |
| Filing 9 NOTICE of Attorney Appearance by John W. McLuskey on behalf of PANTROPIC POWER, INC.. Attorney John W. McLuskey added to party PANTROPIC POWER, INC.(pty:dft). (McLuskey, John) |
| Filing 8 MOTION/STIPULATION of Substitution of Counsel by Kimberly A. Cook on behalf of CATERPILLAR INC. instead of prior counsel of record Valerie Shea. . Attorney Kimberly A. Cook added to party CATERPILLAR INC.(pty:dft). (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order) (Cook, Kimberly) Modified on 9/17/2020 to change event type (jbs). |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by VIKING HOSPITALITY II, LLC. PANTROPIC POWER, INC. served on 9/4/2020, answer due 9/25/2020. (Zeher, Nicholas) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by VIKING HOSPITALITY II, LLC. CATERPILLAR INC. served on 9/4/2020, answer due 9/25/2020. (Zeher, Nicholas) |
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Filing 5
MAGISTRATE JUDGE GOODMANS DISCOVERY PROCEDURES ORDER: Signed by Magistrate Judge Jonathan Goodman on 9/4/2020. See attached document for full details. (lk)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Marcia G. Cooke on 9/4/2020. See attached document for full details. (lk)
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| Filing 3 Summons Issued as to CATERPILLAR INC., PANTROPIC POWER, INC.. (Attachments: #1 Summon(s))(jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jbs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number CFLSDC-13452829, filed by VIKING HOSPITALITY II, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Summon(s), #5 Summon(s))(Zeher, Nicholas) |
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