Sungaralingum v. Carnival Corporation et al
Plaintiff: Thamalassen Sungaralingum
Defendant: Carnival Corporation and Heinemann American Cruise Retail, LLC
Case Number: 1:2020cv24829
Filed: November 23, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: John J O'Sullivan
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2021 Filing 31 PAPERLESS ORDER granting #30 Motion for Extension of Time to File Reply to #9 Amended MOTION to Compel Arbitration filed by Heinemann American Cruise Retail, LLC. Reply due by 1/22/2021. Signed by Ch. Magistrate Judge John J. O'Sullivan on 1/20/2021. (mkr)
January 19, 2021 Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 Response in Opposition to Motion (Joint) by Carnival Corporation. (Attachments: #1 Text of Proposed Order)(Issa, Mitchell)
January 19, 2021 Filing 29 NOTICE of Attorney Appearance by Stephanie Hurst Wylie on behalf of Carnival Corporation. Attorney Stephanie Hurst Wylie added to party Carnival Corporation(pty:dft). (Wylie, Stephanie)
January 19, 2021 Filing 28 NOTICE of Attorney Appearance by Mitchell Issa on behalf of Carnival Corporation. Attorney Mitchell Issa added to party Carnival Corporation(pty:dft). (Issa, Mitchell)
January 14, 2021 Opinion or Order Filing 27 ORDER OF REFERRAL TO MEDIATION. Signed by Judge Marcia G. Cooke on 1/14/2021. See attached document for full details. (cds)
January 14, 2021 Opinion or Order Filing 26 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Jury Trial set for 2/14/2022 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 2/9/2022 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 2/5/2021. Expert Discovery due by 8/27/2021. Fact Discovery due by 7/16/2021. Joinder of Parties due by 2/5/2021. Mediation Deadline 10/29/2021. In Limine Motions due by 1/7/2022. Dispositive Motions due by 9/10/2021. Motions due by 9/10/2021. Pretrial Stipulation due by 1/7/2022. Signed by Judge Marcia G. Cooke on 1/14/2021. See attached document for full details. (cds) #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 11, 2021 Filing 25 PAPERLESS ORDER granting #24 Motion for Extension of Time. Re: #9 Amended MOTION to Compel Arbitration filed by Heinemann American Cruise Retail, LLC. Reply due by 1/19/2021. Signed by Ch. Magistrate Judge John J. O'Sullivan on 1/11/2021. (mkr)
January 11, 2021 Filing 24 Unopposed MOTION for Extension of Time TO FILE REPLY TO PLAINTIFFS RESPONSE IN OPPOSITION TO THE DEFENDANTS MOTION TO COMPEL ARBITRATION re #20 Response in Opposition to Motion by Heinemann American Cruise Retail, LLC. Responses due by 1/25/2021 (Hernandez Villar, Cristina)
January 8, 2021 Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Thamalassen Sungaralingum (Attachments: #1 Exhibit A, #2 Exhibit B)(Winkleman, Michael)
January 8, 2021 Filing 22 NOTICE by Heinemann American Cruise Retail, LLC re #9 Amended MOTION to Compel Arbitration and Dismiss, or Alternatively stay, this proceeding (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hernandez Villar, Cristina)
January 5, 2021 Filing 21 PAPERLESS ORDER requiring the movant to file all exhibits referenced in #9 Amended MOTION to Compel Arbitration filed by Heinemann American Cruise Retail, LLC by 1/12/2021, ( Miscellaneous Deadline 1/12/2021). Signed by Ch. Magistrate Judge John J. O'Sullivan on 1/5/2021. (mkr)
January 4, 2021 Filing 20 RESPONSE in Opposition re #9 Amended MOTION to Compel Arbitration filed by Thamalassen Sungaralingum. Replies due by 1/11/2021. (Winkleman, Michael)
December 21, 2020 Opinion or Order Filing 19 ENDORSED ORDER REFERRING #9 Amended MOTION to Compel Arbitration filed by Heinemann American Cruise Retail, LLC. Motion referred to Chief U.S. Magistrate Judge John J. O'Sullivan. Signed by Judge Marcia G. Cooke on 12/21/2020. (rrt)
December 21, 2020 Opinion or Order Filing 18 ENDORSED ORDER denying #17 Motion for Extension of Time. Having reviewed the parties' motion and the relevant legal authorities, the Court does not find good cause to extend the deadlines in the Court's Order of Referral and Order Regarding Court Practices. Signed by Judge Marcia G. Cooke on 12/21/2020. (rrt)
December 18, 2020 Filing 17 Joint MOTION for Extension of Time to Meet and Confer to File Joint Scheduling Report re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Heinemann American Cruise Retail, LLC. Responses due by 1/4/2021 (Attachments: #1 Exhibit Order)(Hernandez Villar, Cristina)
December 11, 2020 Opinion or Order Filing 16 ENDORSED ORDER granting #14 Motion for Extension of Time. Plaintiff may file response to Defendants' Motion to Compel Arbitration and Dismiss, Or Alternatively Stay, This Proceeding (ECF No. 9) on or before January 4, 2021. Signed by Judge Marcia G. Cooke on 12/11/2020. (rrt)
December 11, 2020 Filing 15 Clerks Notice to Filer re #14 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Compel Arbitration . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
December 11, 2020 Filing 14 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #9 Amended MOTION to Compel Arbitration by Thamalassen Sungaralingum. Responses due by 12/28/2020 (Attachments: #1 Text of Proposed Order)(Winkleman, Michael) Modified Relief on 12/11/2020 (ls).
December 7, 2020 Filing 13 NOTICE by Carnival Corporation re #9 Amended MOTION to Compel Arbitration Joinder in Defendant Heinemann American Cruise Retail's Amended Motion to Compel Arbitration and Dismiss, or Alternatively Stay this Proceeding (Horr, David)
December 7, 2020 Filing 12 NOTICE by Carnival Corporation re 6 Amended Complaint/Amended Notice of Removal Joinder in Defendant, HEINEMANN AMERICAN CRUISE RETAIL LLCs Amended Notice of Removal-Convention on the Recognition and Enforcement of Foreign Arbitral Awards (DE 06) (Horr, David)
December 2, 2020 Filing 11 NOTICE of Attorney Appearance by David James Horr on behalf of Carnival Corporation. Attorney David James Horr added to party Carnival Corporation(pty:dft). (Horr, David)
December 1, 2020 Opinion or Order Filing 10 ENDORSED ORDER denying as moot #8 Motion to Compel Arbitration in light of Defendant's Amended Motion to Compel Arbitration (ECF No. 9), filed November 30, 2020. Signed by Judge Marcia G. Cooke on 12/1/2020. (rrt)
November 30, 2020 Filing 9 Amended MOTION to Compel Arbitration by Heinemann American Cruise Retail, LLC. Responses due by 12/14/2020 (Hernandez Villar, Cristina)
November 30, 2020 Filing 8 Defendant's MOTION to Compel Arbitration by Heinemann American Cruise Retail, LLC. Responses due by 12/14/2020 (Hernandez Villar, Cristina)
November 25, 2020 Filing 7 Clerks Notice to Filer re #4 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 6 . It is not necessary to refile this document. (cds)
November 24, 2020 Filing 6 AMENDED NOTICE OF REMOVAL-Convention on the Recognition and Enforcement of Foreign Arbitral Awards filed by Heinemann American Cruise Retail, LLC, Carnival Corporation. For Image See DE#4 (cds)
November 24, 2020 Opinion or Order Filing 5 ORDER OF REFERRAL to Ch. Magistrate Judge John J. O'Sullivan for Pretrial Non-Dispositive Matters AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 11/24/2020. See attached document for full details. (cds)
November 24, 2020 Filing 4 NOTICE by Heinemann American Cruise Retail, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (Dial, Avery)
November 24, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (cds)
November 23, 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 John J. O'Sullivan 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. (cds)
November 23, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number AFLSDC-13915431, filed by Heinemann American Cruise Retail, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dial, Avery) Text Modified on 11/24/2020 (cds). No Answer/Motion to Dismiss Filed.

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Defendant: Carnival Corporation
Represented By: Avery A. Dial
Represented By: David James Horr
Represented By: Mitchell Issa
Represented By: Stephanie Hurst Wylie
Represented By: Cristina Hernandez Villar
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Defendant: Heinemann American Cruise Retail, LLC
Represented By: Avery A. Dial
Represented By: Cristina Hernandez Villar
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Plaintiff: Thamalassen Sungaralingum
Represented By: Daniel Wayne Grammes
Represented By: Michael A. Winkleman
Represented By: Andrew Scott Freedman
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