Arencibia v. AGA Service Company et al
| Ibaldo Arencibia |
| American Airlines Inc., Jefferson Insurance Company and AGA Service Company doing business as Allianz Global Assistance |
| 1:2020cv24694 |
| November 16, 2020 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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Filing 133
Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #127 Notice of Appeal, Appeal No. 21-11567-GG. The entire record on appeal is available electronically. (apz)
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Filing 132
TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 5/12/2021 by Eduardo Ayala Maura, Esq. has/have been filed by Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov re #129 Transcript Information Form, #127 Notice of Appeal, #130 Court Reporter Acknowledgment,. (yhz)
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Filing 131
TRANSCRIPT of Motion hearing via the Zoom platform held on 3/3/2021 before Judge Beth Bloom, 1 - 48 pages, re: #127 Notice of Appeal, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. USCA Case Number: 21-11567-G. 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 6/16/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/24/2021. (yhz)
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Filing 130
COURT REPORTER ACKNOWLEDGMENT re #129 Transcript Information Form, #127 Notice of Appeal,. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Estimated filing date of transcript 6/11/2021. USCA number 21-11567-G. (yhz)
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Filing 129
TRANSCRIPT INFORMATION FORM by Ibaldo Arencibia re #127 Notice of Appeal,. Hearing transcript(s) ordered. Order placed by Eduardo A. Maura. Email sent to Court Reporter Coordinator. (Ayala Maura, Eduardo)
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Filing 128
Acknowledgment of Receipt of NOA from USCA re #127 Notice of Appeal, filed by Ibaldo Arencibia. Date received by USCA: 5/7/2021. USCA Case Number: 21-11567-G. (apz)
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Filing 127
Notice of Appeal as to #125 Order on Motion to Dismiss for Failure to State a Claim, by Ibaldo Arencibia. Filing fee $ 505.00 receipt number AFLSDC-14668956. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Ayala Maura, Eduardo)
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Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #127 Notice of Appeal, Notice has been electronically mailed. (apz)
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Filing 126
FINAL JUDGMENT in favor of AGA Service Company, Jefferson Insurance Company against Ibaldo Arencibia Signed by Judge Beth Bloom on 4/8/2021. See attached document for full details. (jao)
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Filing 125
ORDER granting #107 Motion to Dismiss for Failure to State a Claim, dismissing #84 Amended Complaint. To the extent not otherwise disposed of, all pending motions are denied as MOOT and all deadlines are TERMINATED. Closing Case. Signed by Judge Beth Bloom on 4/7/2021. See attached document for full details. (jao)
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Filing 124
ORDER GRANTING WITHDRAWAL OF COUNSEL #122 Motion to Withdraw as Attorney. Felipe Bastos Fulgencio representing Arencibia, Ibaldo (Plaintiff) withdrawn from case. Notice of Termination delivered by US Mail to Felipe Fulgencio. Signed by Judge Beth Bloom on 3/3/2021. See attached document for full details. (drz)
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Filing 123
PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Motion Hearing held on 3/3/2021 re ECF No. #107 Defendants' Motion to Dismiss. Total time in court: 1 hour(s) : 25 minutes. Attorney Appearance(s): Eduardo Ayala Maura, Brian Joseph Stack, and Lazaro Fernandez, Jr. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ta00)
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Filing 122
MOTION to Withdraw as Attorney by Felipe B. Fulgencio for / by Ibaldo Arencibia. Responses due by 3/17/2021 (Ayala Maura, Eduardo)
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Filing 121
PAPERLESS ORDER Setting Hearing on Motion ECF No. #107 Motion to Dismiss Amended Complaint. Motion Hearing set for March 3, 2021 at 9:30 AM via Zoom video conference before Judge Beth Bloom. The link to join is: https://www.zoomgov.com/j/1609423488?pwd=MUo2U1JRS0ZRbE42c2NPNC9DclFGdz09. Alternatively, the Meeting ID is: 160 942 3488, and the Passcode is: 339540. Signed by Judge Beth Bloom (ta00)
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Filing 120
PAPERLESS ORDER granting ECF No. #119 Motion for Leave to File a Sur-Reply. The Court will deem ECF No. [119-1] as the Sur-Reply. There is no need to refile the document. Signed by Judge Beth Bloom (ta00)
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Filing 119
Plaintiff's MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss by Ibaldo Arencibia. (Attachments: #1 Exhibit A - Sur-Reply, #2 Text of Proposed Order)(Ayala Maura, Eduardo)
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| Filing 118 REPLY to Response to Motion re #107 MOTION TO DISMISS #84 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by AGA Service Company, Jefferson Insurance Company. (Stack, Brian) |
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Filing 117
PAPERLESS ORDER granting #116 Motion for Extension of Time to File a Reply in support of their Motion to Dismiss Amended Class Action Complaint by January 8, 2021. Signed by Judge Beth Bloom (BB)
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| Filing 116 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #115 Response in Opposition to Motion, #107 MOTION TO DISMISS #84 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM TO FILE REPLY IN SUPPORT OF DEFENDANTS MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT by AGA Service Company, Jefferson Insurance Company. (Stack, Brian) |
| Filing 115 RESPONSE in Opposition re #107 MOTION TO DISMISS #84 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by Ibaldo Arencibia. Replies due by 12/29/2020. (Ayala Maura, Eduardo) |
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Filing 114
ORDER GRANTING WITHDRAWAL OF COUNSEL re #113 Notice (Other) filed by Ibaldo Arencibia, Attorney Roger L. Mandel representing Arencibia, Ibaldo (Plaintiff) terminated. Notice of Termination delivered by US Mail to Roger Mandel. Signed by Judge Beth Bloom on 12/22/2020. See attached document for full details. (drz)
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| Filing 113 NOTICE by Ibaldo Arencibia of Withdrawal as Attorney of Record. Attorney Scott Jeeves added to party Ibaldo Arencibia(pty:pla). (Jeeves, Scott) |
| Filing 112 Defendant's Corporate Disclosure Statement and Certificate of Interested Parties by AGA Service Company, Jefferson Insurance Company identifying Corporate Parent Allianz SE, Corporate Parent AWP USA Inc, Corporate Parent AWP P&C S.A. for AGA Service Company, Jefferson Insurance Company (Stack, Brian) |
| Filing 111 Plaintiff's Certificate of Other Affiliates by Ibaldo Arencibia (Ayala Maura, Eduardo) |
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Filing 110
PAPERLESS ORDER As ordered at the Status Conference, the parties shall file their certificates of interested parties and corporate disclosure statements pursuant to ECF No. #104 Order Requiring Joint Scheduling Report by December 21, 2020. The parties shall file their joint scheduling report and proposed scheduling order within ten (10) days after the disposition of the pending Motion to Dismiss, ECF No. #107 . Signed by Judge Beth Bloom (cb00)
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| Filing 109 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Status Conference held on 12/17/2020. Total time in court: 0 hour(s) : 16 minutes. Attorney Appearance(s): Lazaro Fernandez, Jr, Brian Joseph Stack, Eduardo Ayala Maura, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. The Court will enter a separate order addressing the issues discussed at the Status Conference. (cb00) |
| Filing 108 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Status Conference set for 12/17/2020 at 01:00 PM in Miami Division before Judge Beth Bloom. This Hearing shall be held via video conference. The link to join the Zoom video conference is https://www.zoomgov.com/j/1612156143?pwd=cDNyQllXZEZrbHVXNUd0TzZ3cFRIUT09. Alternatively, the Meeting ID for this Hearing is 161 215 6143 and the Passcode is 251939. (ego) |
| Filing 107 MOTION TO DISMISS #84 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by AGA Service Company, Jefferson Insurance Company. Responses due by 12/28/2020 (Stack, Brian) |
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Filing 106
ORDER granting in part #102 Motion for Status Conference. A Zoom video status conference is set for December 17, 2020 at 11:00 a.m. to discuss the status of the case. The Motion to Transfer, ECF No. #101 , is DENIED. Defendants Allianz and Jefferson shall re-file their motion to dismiss with applicable law by December 14, 2020. Discovery shall be stayed until the Court rules on Defendants motion to dismiss. The parties request to defer class certification briefing is DENIED AS MOOT. Status Conference set for 12/17/2020 11:00 AM before Judge Beth Bloom. Signed by Judge Beth Bloom on 11/30/2020. See attached document for full details. (drz)
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| Filing 105 NOTICE by AGA Service Company, Jefferson Insurance Company re #102 Joint MOTION to Stay Discovery and Defer Briefing on Class Certification and for Status Conference -- Joint Suggestion of Mootness (Stack, Brian) |
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Filing 104
Order Requiring Scheduling Report and Certificates of Interest Parties. Joint Scheduling Report due by 12/21/2020 Signed by Judge Beth Bloom on 11/30/2020. See attached document for full details. (drz)
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| Filing 103 NOTICE OF WITHDRAWAL OF MOTION by Ibaldo Arencibia (Ayala Maura, Eduardo) |
| Filing 102 Joint MOTION to Stay Discovery and Defer Briefing on Class Certification and for Status Conference by AGA Service Company, Jefferson Insurance Company. Responses due by 12/4/2020 (Fernandez, Lazaro) |
| Filing 101 Notice of Pending, Refiled, Related or Similar Actions by AGA Service Company, Jefferson Insurance Company (Fernandez, Lazaro) |
| Filing 100 Bar Letter re: Admissions sent to attorney Roger L Mandel, William J Dunleavy and Jason L Sanders, mailing date November 16, 2020, (pt) |
| Filing 99 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 98 Case transferred in from Texas Northern; Case Number 4:20-cv-00819. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 97
ORDER: Based on the foregoing, the Court GRANTS American Airlines, Inc.'s Motion to Dismiss Plaintiff's Amended Class Action Complaint (ECF No. #85 ). Plaintiffs' claims against American Airlines, Inc. are hereby DISMISSED with prejudice, and American Airlines, Inc. is DISMISSED as a party to this lawsuit. Pursuant to 28 U.S.C. 1404(a), the court sua sponte transfers all remaining claims against the remaining Defendants AGA Service Company d/b/a Allianz Global Assistance and Jefferson Insurance Company to the United States District Court for the Southern District of Florida, where this lawsuit was originally filed. In light of this ruling, the Court does not address any remaining motions. The clerk of the court shall effect this transfer in accordance with the usual procedure. (see order) (Ordered by Judge Reed C. O'Connor on 11/13/2020) (tln)
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| Filing 96 REPLY filed by American Airlines Inc re: #85 MOTION to Dismiss Plaintiff's Class Action Complaint (Brandt, James) |
| Filing 95 REPLY filed by AGA Service Company, Jefferson Insurance Company re: #87 Motion to Dismiss for Failure to State a Claim (Sanders, Jason) |
| Filing 94 Appendix in Support filed by Ibaldo Arencibia re #92 MOTION to Certify Class (Ayala Maura, Eduardo) |
| Filing 93 Brief/Memorandum in Support filed by Ibaldo Arencibia re #92 MOTION to Certify Class (Ayala Maura, Eduardo) |
| Filing 92 MOTION to Certify Class filed by Ibaldo Arencibia (Attachments: #1 Proposed Order) (Ayala Maura, Eduardo) |
| Filing 91 NOTICE of Filing of Plaintiff's Proposed Trial Plan filed by Ibaldo Arencibia (Attachments: #1 Plaintiff's Proposed Trial Plan) (Ayala Maura, Eduardo) |
| Filing 90 RESPONSE filed by Ibaldo Arencibia re: #85 MOTION to Dismiss Plaintiff's Class Action Complaint (Attachments: #1 Unpublished Opinions Cited) (Ayala Maura, Eduardo) |
| Filing 89 RESPONSE filed by Ibaldo Arencibia re: #87 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Unpublished Opinions Cited) (Ayala Maura, Eduardo) |
| Filing 88 Appendix in Support filed by AGA Service Company, Jefferson Insurance Company re #87 Motion to Dismiss for Failure to State a Claim (Sanders, Jason) |
| Filing 87 Motion to Dismiss for Failure to State a Claim filed by AGA Service Company, Jefferson Insurance Company with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting AGA & Jefferson's MTD) (Sanders, Jason) |
| Filing 86 Brief/Memorandum in Support filed by American Airlines Inc re #85 MOTION to Dismiss Plaintiff's Class Action Complaint (Berg, Lars) |
| Filing 85 MOTION to Dismiss Plaintiff's Class Action Complaint filed by American Airlines Inc (Berg, Lars) |
| Filing 84 AMENDED CLASS ACTION COMPLAINT WITH JURY DEMAND against AGA Service Company, American Airlines Inc, Jefferson Insurance Company filed by Ibaldo Arencibia. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (tln) (Main Document 84 replaced on 10/20/2020) (bdb). |
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Filing 83
ORDER granting in part and denying in part #82 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 10/16/2020) (Judge Reed C. O'Connor)
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| Filing 82 Unopposed MOTION for Leave to File Amended Class Action Complaint under Fed. R. Civ. P. 15 and to Adjust Briefing Schedule filed by Ibaldo Arencibia (Attachments: #1 Exhibit(s) A - Amended Class Action Complaint, #2 Proposed Order) (Ayala Maura, Eduardo) |
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Filing 81
ORDER: Accordingly, the Court DISMISSES without prejudice Defendants AGA Service Company and Jefferson Insurance Company's Motion to Dismiss (ECF No. #26 ) and Defendant American Airlines, Inc.'s Motion to Dismiss (ECF No. #29 ). The deadline for Defendants to re-file their respective motions to dismiss under Fifth Circuit law is Friday October 23, 2020. The deadline for Plaintiffs to respond to each is Monday, November 2, 2020. The deadline for Defendants to reply is Friday, November 6, 2020. (see order) (Ordered by Judge Reed C. O'Connor on 10/13/2020) (tln)
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| Filing 80 NOTICE of Attorney Appearance by Roger L Mandel on behalf of Ibaldo Arencibia. (Filer confirms contact info in ECF is current.) (Mandel, Roger) |
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Filing 79
ELECTRONIC ORDER granting #78 Application for Admission Pro Hac Vice of Felipe B. Fulgencio. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 9/23/2020) (chmb)
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| Filing 78 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11197639) filed by Ibaldo Arencibia (Attachments: #1 Additional Page(s) Florida Bar Certificate of Good Standing) (Fulgencio, Felipe) |
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Filing 77
SCHEDULING ORDER: This case is set for trial on this Court's four-week docket beginning 9/27/2021. Joinder of Parties due by 11/2/2020. Amended Pleadings due by 11/2/2020. Dispositive Motions due by 5/31/2021. Deadline for mediation is on or before 3/31/2021. Discovery due by 4/30/2021. Pretrial Materials/Order due by 9/1/2021. (see order) (Ordered by Judge Reed C. O'Connor on 9/2/2020) (tln)
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| Filing 76 Joint STATUS REPORT of the Parties' Scheduling Conference filed by AGA Service Company, Jefferson Insurance Company. (Sanders, Jason) |
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Filing 75
ELECTRONIC ORDER granting #70 Application for Admission Pro Hac Vice of Eduardo A. Maura. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 8/20/2020) (zaf)
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Filing 74
ELECTRONIC ORDER granting #69 Application for Admission Pro Hac Vice of Luis F. Quesada. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 8/20/2020) (zaf)
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Filing 73
ELECTRONIC ORDER granting #68 Application for Admission Pro Hac Vice of Brian J. Stack. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 8/20/2020) (zaf)
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Filing 72
ELECTRONIC ORDER granting #67 Application for Admission Pro Hac Vice of Lazaro Fernandez, Jr.. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 8/20/2020) (chmb)
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| Filing 71 NOTICE of Attorney Appearance by William J Dunleavy on behalf of Ibaldo Arencibia. (Filer confirms contact info in ECF is current.) (Dunleavy, William) |
| Filing 70 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11093415) filed by Ibaldo Arencibia (Attachments: #1 Proposed Order, #2 Exhibit(s) Certificate of Good Standing) (Ayala Maura, Eduardo) |
| Filing 69 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11093356) filed by Ibaldo Arencibia (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order) (Quesada Machado, Luis) |
| Filing 68 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brian J. Stack (Filing fee $100; Receipt number 0539-11065456) filed by AGA Service Company, Jefferson Insurance Company (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order Granting PHV Application) (Sanders, Jason) |
| Filing 67 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lazaro Fernandez, Jr. (Filing fee $100; Receipt number 0539-11065370) filed by AGA Service Company, Jefferson Insurance Company (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order Granting PHV) (Sanders, Jason) |
| Filing 66 NOTICE of Attorney Appearance by Jason L Sanders on behalf of AGA Service Company, Jefferson Insurance Company. (Filer confirms contact info in ECF is current.) (Sanders, Jason) |
| Filing 65 NOTICE of Attorney Appearance by Dee J Kelly, Jr on behalf of American Airlines Inc. (Filer confirms contact info in ECF is current.) (Kelly, Dee) |
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Filing 64
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before September 3, 2020. (see order) (Ordered by Judge Reed C. O'Connor on 8/6/2020) (tln)
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| Filing 63 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln) |
| Filing 62 Case electronically transferred in from District of Florida Southern; Case Number 1:19-cv-24300. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 61
ORDER Granting in Part and Denying in Part #33 Motion to Sever. Signed by Judge Marcia G. Cooke on 8/5/2020. See attached document for full details. (jbs) [Transferred from Florida Southern on 8/5/2020.]
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| Civil Case Terminated. Closing Case. (jbs) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 60
ENDORSED ORDER RE-SETTING HEARING. The Zoom Hearing on #26 AGA Service Company's Motion to Dismiss, #29 American Airlines, Inc.'s Motion to Dismiss, and #33 Motion to Sever and Transfer Allegations Against American Airlines, Inc. is set for August 5, 2020, at 2:30 P.M. in the Miami Division before the Honorable Marcia G. Cooke. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1618844706?pwd=TXVtMDA5dWp3RnJ1NkwyT1dNY1BHZz09. Meeting ID: 161 884 4706. Password: 424521. Dial by your location: +1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York).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 Judge Marcia G. Cooke on 7/27/2020. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 59 Unopposed MOTION to Reset Hearing re 58 Order,, Set/Reset Hearings, by American Airlines, Inc.. (Attachments: #1 Text of Proposed Order)(Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 58
ENDORSED ORDER SETTING HEARING. A Zoom Hearing on #26 AGA Service Company's Motion to Dismiss, #29 American Airlines, Inc.'s Motion to Dismiss, and #33 Motion to Sever and Transfer Allegations Against American Airlines, Inc. is set for July 29, 2020, at 2:30 P.M. in the Miami Division before the Honorable Marcia G. Cooke. The details for the Zoom hearing, including the meeting ID and password, are forthcoming. Signed by Judge Marcia G. Cooke on 7/23/2020. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 57 Notice of Supplemental Authority re #33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. by American Airlines, Inc. (Attachments: #1 Exhibit A) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 56 RESPONSE to #55 Notice of Supplemental Authority, by Ibaldo Arencibia. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 55 Notice of Supplemental Authority re #29 MOTION to Dismiss #1 Complaint, American Airlines, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint by American Airlines, Inc. (Attachments: #1 Exhibit A) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 54 RESPONSE to #53 Notice of Supplemental Authority by American Airlines, Inc.. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 53 Notice of Supplemental Authority re #33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. by Ibaldo Arencibia (Attachments: #1 Exhibit A) (Quesada Machado, Luis) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 52 Notice of Supplemental Authority re #33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. by American Airlines, Inc. (Attachments: #1 Exhibit A) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 51 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Humberto H. Ocariz re #50 Notice of Change of Address. Attorney Humberto H. Ocariz is directed to update their information in CM/ECF. Pursuant to CM/ECF Administrative Procedures, upon the change of a Users e-mail address, mailing address, telephone or fax number, the User shall update their mailing address, telephone and fax numbers in CM/ECF Maintain User Account. (cco) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 50 NOTICE of Change of Address by Humberto H. Ocariz (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 49 RESPONSE in Support re #33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. filed by American Airlines, Inc.. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 48
ENDORSED ORDER denying as moot #36 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Marcia G. Cooke on 1/17/2020. (kou) [Transferred from Florida Southern on 8/5/2020.]
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Filing 47
ENDORSED ORDER denying as moot #35 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Marcia G. Cooke on 1/17/2020. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 46 NOTICE of Striking #44 Notice/Stipulation of Substitution of Counsel, filed by American Airlines, Inc. by American Airlines, Inc. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Attorney Humberto H. Ocariz (Shook Hardy terminated). (lk) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 45 RESPONSE in Support re #29 MOTION to Dismiss #1 Complaint, American Airlines, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint filed by American Airlines, Inc.. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 44 NOTICE/STIPULATION of Substitution of Counsel by Humberto H. Ocariz on behalf of American Airlines, Inc. instead of prior counsel of record William P. Geraghty, Esquire, Shook, Hardy & Bacon L.L.P.. (Attachments: #1 Exhibit A) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 43 NOTICE of Attorney Appearance by Humberto H. Ocariz on behalf of American Airlines, Inc. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 42 NOTICE/STIPULATION of Substitution of Counsel by Humberto H. Ocariz on behalf of American Airlines, Inc. instead of prior counsel of record Shook, Hardy & Bacon, L.L.P.. (Attachments: #1 Text of Proposed Order Granting Stipulation for Substitution of Counsel) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 41 REPLY to Response to Motion re #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by AGA Service Company, Jefferson Insurance Company. (Stack, Brian) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 40 RESPONSE to Motion re #33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. filed by Ibaldo Arencibia. Replies due by 1/17/2020. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 39
PAPERLESS ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys James E. Brandt and Michael E. Bern. Signed by Magistrate Judge Jonathan Goodman on 1/9/2020. (km03) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 38 First SCHEDULING REPORT - Rule 16.1 by Ibaldo Arencibia (Attachments: #1 Supplement Attachment A - Pretrial Deadlines)(Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 37
ORDER granting #34 Motion to Seal. Signed by Judge Marcia G. Cooke on 1/3/2020. See attached document for full details. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #32 Response in Opposition to Motion by AGA Service Company, Jefferson Insurance Company. (Stack, Brian) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Memorandum Supporting Motion to Dismiss Complaint by American Airlines, Inc.. (Attachments: #1 Text of Proposed Order)(Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 34 MOTION to Seal per Local Rule 5.4 by American Airlines, Inc.. (Attachments: #1 Text of Proposed Order) (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 33 MOTION to Sever and Transfer Allegations Against American Airlines, Inc. by American Airlines, Inc.. Responses due by 1/10/2020 (Attachments: #1 Supplement Declaration of Mariana A. Fonseca Medina, #2 Text of Proposed Order)(Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 32 RESPONSE in Opposition re #26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Ibaldo Arencibia. Replies due by 1/3/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 31 RESPONSE in Opposition re #29 MOTION to Dismiss #1 Complaint, American Airlines, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint filed by Ibaldo Arencibia. Replies due by 1/3/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 30 NOTICE of Attorney Appearance by Brian Joseph Stack on behalf of AGA Service Company, Jefferson Insurance Company. Attorney Brian Joseph Stack added to party AGA Service Company(pty:dft), Attorney Brian Joseph Stack added to party Jefferson Insurance Company(pty:dft). (Stack, Brian) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 29 MOTION to Dismiss #1 Complaint, American Airlines, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint by American Airlines, Inc.. Responses due by 12/27/2019 (Ocariz, Humberto)[Transferred from Florida Southern on 8/5/2020.] Modified to activate gavel per DJ chambers on 10/9/2020 (bdb). |
| Filing 28 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James E. Brandt, Michael E. Bern. Filing Fee $ 150.00 Receipt # 113C-12227135 by American Airlines, Inc.. Responses due by 12/27/2019 (Attachments: #1 Text of Proposed Order)(Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement by American Airlines, Inc. identifying Corporate Parent Admirals Club, Inc., Corporate Parent American Airlines Group, Inc., Corporate Parent Executive Ground Services, Inc., Corporate Parent Envoy Aviation Group Inc., Corporate Parent Envoy Air Inc., Corporate Parent Airways Assurance Limited, Corporate Parent American Airlines de Mexico, S.A., Corporate Parent American Airlines IP Licensing Holding, LLC, Corporate Parent American Airlines Marketing Services LLC, Corporate Parent American Airlines Vacations LLC, Corporate Parent Dominicana de Servicios Aeroportuarios (DSA), S.R.L., Corporate Parent American Aviation Supply LLC, Corporate Parent Americas Ground Services, Inc., Corporate Parent Avion Assurance, Ltd., Corporate Parent AWHQ LLC, Corporate Parent Caribbean Dispatch Services Limited, Corporate Parent Eagle Aviation Services, Inc., Corporate Parent International Ground Services, S.A. de C.V., Corporate Parent Material Services Company, Inc., Corporate Parent PMA Investment Subsidiary, Inc., Corporate Parent PSA Airlines, Inc., Corporate Parent Piedmont Airlines, Inc.,, Corporate Parent Executive Airlines, Inc. for American Airlines, Inc. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 26 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by AGA Service Company, Jefferson Insurance Company. Responses due by 12/27/2019 (Fernandez, Lazaro) [Transferred from Florida Southern on 8/5/2020.] Modified to activate gavel per DJ chambers on 10/9/2020 (bdb). |
| Filing 25 Corporate Disclosure Statement by AGA Service Company, Jefferson Insurance Company identifying Corporate Parent Allianz SE for AGA Service Company, Jefferson Insurance Company (Fernandez, Lazaro) [Transferred from Florida Southern on 8/5/2020.] |
| Set/Reset Deadlines/Hearings as per DE 23 : Joint Scheduling Report due by 1/6/2020 (lk) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 24
Endorsed ORDER granting #18 Motion for Extension of Time. Defendant American Airlines, Inc. shall have up to and including December 13, 2019, to file a response to Plaintiff's Complaint. Signed by Judge Marcia G. Cooke on 11/14/2019. (kou) [Transferred from Florida Southern on 8/5/2020.]
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Filing 23
ENDORSED ORDER granting #16 Motion for Extension of Time. The parties shall have until January 6, 2020 to file their Joint Scheduling Report and Joint Proposed Scheduling Order. Signed by Judge Marcia G. Cooke on 11/14/2019. (kou) [Transferred from Florida Southern on 8/5/2020.]
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Filing 22
ENDORSED ORDER granting #15 Motion for Extension of Time. Defendants AGA Service Company and Jefferson Insurance Company shall file their Answer/Response to the Class Action Complaint on or before December 13, 2019. Signed by Judge Marcia G. Cooke on 11/14/2019. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 21 NOTICE of Attorney Appearance by Humberto H. Ocariz on behalf of American Airlines, Inc. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 20 NOTICE of Striking #17 Notice of Attorney Appearance filed by American Airlines, Inc. by American Airlines, Inc. (Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 19 Clerks Notice to Filer re #17 Notice of Attorney Appearance. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (lk) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 18 Unopposed MOTION for Extension of Time to respond to Class Action Complaint ( Responses due by 11/22/2019), Unopposed MOTION for Extension of Time to File Response/Reply/Answer by American Airlines, Inc.. (Attachments: #1 Text of Proposed Order)(Ocariz, Humberto) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 17 (STRICKEN per DE #20 ) NOTICE of Attorney Appearance by Humberto H. Ocariz on behalf of American Airlines, Inc.. Attorney Humberto H. Ocariz added to party American Airlines, Inc.(pty:dft). (Ocariz, Humberto) Modified text on 11/14/2019 (mc). [Transferred from Florida Southern on 8/5/2020.] |
| Filing 16 Agreed MOTION for Extension of Time to Comply with Court Order re #6 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other,, Set/Reset Deadlines, by Ibaldo Arencibia. Responses due by 11/22/2019 (Attachments: #1 Text of Proposed Order MET Prop. Order)(Quesada Machado, Luis) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 15 Agreed MOTION for Extension of Time to Respond to Class Action Complaint re #1 Complaint, by AGA Service Company, Jefferson Insurance Company. Attorney Lazaro Fernandez, Jr added to party AGA Service Company(pty:dft), Attorney Lazaro Fernandez, Jr added to party Jefferson Insurance Company(pty:dft). Responses due by 11/21/2019 (Fernandez, Lazaro) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ibaldo Arencibia. Jefferson Insurance Company served on 10/24/2019, answer due 11/14/2019. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ibaldo Arencibia. American Airlines, Inc. served on 10/24/2019, answer due 11/14/2019. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ibaldo Arencibia. AGA Service Company served on 10/24/2019, answer due 11/14/2019. (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 11 NOTICE of Attorney Appearance by Luis F. Quesada Machado on behalf of Ibaldo Arencibia. Attorney Luis F. Quesada Machado added to party Ibaldo Arencibia(pty:pla). (Quesada Machado, Luis) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 10 NOTICE of Attorney Appearance by Jorge Alejandro Garcia-Menocal on behalf of Ibaldo Arencibia. Attorney Jorge Alejandro Garcia-Menocal added to party Ibaldo Arencibia(pty:pla). (Garcia-Menocal, Jorge) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 9 Summons Issued as to AGA Service Company, American Airlines, Inc., Jefferson Insurance Company. (Attachments: #1 Summon(s), #2 Summon(s))(lk) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Ibaldo Arencibia re #1 Complaint, filed by Ibaldo Arencibia, 7 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) Summons - Allianz, #2 Summon(s) Summons - AA, #3 Summon(s) Summons - Jefferson) (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 7 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - improper format -Must use the AO 440 form to issue summonses. (lk) [Transferred from Florida Southern on 8/5/2020.] |
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Filing 6
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Referring Case to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters; Notice re Joint Motions; Expedited Service Deadline 12/17/2019. Signed by Judge Marcia G. Cooke on 10/18/2019. See attached document for full details. (kou) [Transferred from Florida Southern on 8/5/2020.]
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| Filing 5 NOTICE of Filing Proposed Summons(es) by Ibaldo Arencibia re #1 Complaint, filed by Ibaldo Arencibia, 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) AA, #2 Summon(s) Allianz, #3 Summon(s) Jefferson) (Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 4 Bar Letter re: Admissions sent to attorney Luis F. Quesada and Felipe Fulgencio, mailing date October 18, 2019, (pt) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - there should only be one defendant per summons. (ar2) [Transferred from Florida Southern on 8/5/2020.] |
| 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. (ar2) [Transferred from Florida Southern on 8/5/2020.] |
| Filing 1 COMPLAINT against AGA Service Company aka Allianz Global Assistance, American Airlines Inc., Jefferson Insurance Company. Filing fees $ 400.00 receipt number 113C-12074008, filed by Ibaldo Arencibia. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Civil Cover Sheet Civil Cover Sheet, #6 Summon(s) Summons)(Ayala Maura, Eduardo) [Transferred from Florida Southern on 8/5/2020.] |
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