Sterling v. Carnival Corporation & PLC
| Suraya Sterling |
| Carnival Corporation & PLC and Carnival Cruise Line |
| 1:2021cv20198 |
| January 19, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 Joint SCHEDULING REPORT - Rule 16.1 by Suraya Sterling (Pineda, Sandy) |
Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On January 20, 2021, the Court entered a Pretrial Order 22 requiring the Parties to file a joint scheduling report by February 5, 2021. 22 . The Order cautioned that "[f]ailure of counsel to file a joint scheduling report within the deadline set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys fees and costs." Id. The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the Parties filing a joint scheduling report. Signed by Chief Judge K. Michael Moore on 2/26/2021. (hwr)
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Ikechukwu Umeugo to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #25 is GRANTED. Ikechukwu Umeugo may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to umeugoand.associates@snet.net. Signed by Chief Judge K. Michael Moore on 2/19/2021. (hwr)
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| Filing 25 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ikechukwu Umeugo. Filing Fee $ 200.00 Receipt # AFLSDC-14403378 by Suraya Sterling. Responses due by 3/4/2021 (Pineda, Sandy) |
| Filing 24 NOTICE of Attorney Appearance by Sandy Raquel Pineda on behalf of Suraya Sterling. Attorney Sandy Raquel Pineda added to party Suraya Sterling(pty:pla). (Pineda, Sandy) |
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Filing 23
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 1/20/2021. (hwr)
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Filing 22
PAPERLESS PRETRIAL ORDER. This order has been entered upon the transfer of this case from the District of Connecticut. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference and file a joint scheduling report on or before February 5, 2021. Failure of counsel to file a joint scheduling report within the deadline set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 1/20/2021. (hwr)
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| Filing 21 Bar Letter re: Admissions sent to attorney Ikechukwu Umeugo, Joseph J. Perrone, mailing date 01/19/2021, (cco) |
| Filing 20 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (bb) |
| Filing 19 Case transferred in from Connecticut; Case Number 3:20-cv-01142. Electronic file including transfer order and docket sheet received. .(bb). |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fanelle, N.) |
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Filing 18
ORDER granting in part #10 Motion to Dismiss. The Clerk of the Court is directed to transfer this matter to the Southern District of Florida, Miami Division. See memorandum attached. Signed by Judge Kari A. Dooley on 1/6/2021. (D'Amato, Joseph)
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| Filing 17 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/24/2021 at 10:00 AM before Judge Kari A. Dooley. Telephonic Conference Line: 888-278-0296; Access Code: 80-77-899. (D'Amato, Joseph) |
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Filing 16
Standing Order on Joint Trial Memorandum attached. Signed by Judge Kari A. Dooley on 11/19/2020. (D'Amato, Joseph)
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Filing 15
Order on Pretrial Deadlines. The Court has reviewed the parties' #14 Rule 26(f) Report. It is Approved, Adopted, and So Ordered, except that the Defendant shall respond to the complaint on or before 45 days after the Court's ruling on Defendant's #10 Motion to Dismiss and the parties' joint trial memorandum shall be filed in accordance with the procedure set forth below. Pursuant to Local Rule 16(b), the Court orders as follows: The Plaintiff shall move to join additional parties by November 9, 2020 and move to amend the pleadings by November 16, 2020. The Defendant shall move to join additional parties on or before 30 days after the Court's ruling on Defendant's #10 Motion to Dismiss and shall respond to the complaint on or before 45 days after the Court's ruling on Defendant's #10 Motion to Dismiss. All discovery shall be completed by September 18, 2021. Dispositive motions, if any (see Local Rule 56(c)), shall be filed by October 15, 2021. The Court will set a date for filing a joint trial memorandum after the close of discovery. The joint trial memorandum shall comport with this Court's standing order, which will be separately docketed. A telephonic status conference is scheduled for September 24, 2021 at 10:00 AM. Signed by Judge Kari A. Dooley on 11/19/2020. (D'Amato, Joseph) Set Deadlines/Hearings: Plaintiff shall move to join additional parties by November 9, 2020; Plaintiff shall move to amend the pleadings by November 16, 2020; Discovery due by September 18, 2021; Dispositive Motions due by October 15, 2021; Telephonic Status Conference set for September 24, 2021 at 10:00 AM.
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| Filing 14 REPORT of Rule 26(f) Planning Meeting. (Umeugo, Ikechukwu) |
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Filing 13
SCHEDULING ORDER: The parties Rule 26(f) Report is overdue. It shall be filed on or before 11/13/2020. Signed by Judge Kari A. Dooley on 11/03/2020.(Gould, K.)
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| Filing 12 REPLY to Response to #10 MOTION to Dismiss for Lack of Jurisdiction filed by Carnival Corporation & PLC. (Perrone, Joseph) |
| Filing 11 OBJECTION re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Suraya Sterling. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Objection to Defendant's Motion to Dismiss, #2 Affidavit Exhibit #1 Affidavit of Plaintiff Suraya Sterling, #3 Exhibit Exhibit #2 Plaintiffs Hartford Healthcare Midstate Medical Center Medical Records, #4 Exhibit Exhibit #3 Notice of Claim and/or Complaint, #5 Exhibit Exhibit #4 Defendants Acknowledgement of Receipt of Notice of Complaint)(Umeugo, Ikechukwu) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Carnival Corporation & PLC.Responses due by 10/7/2020 (Attachments: #1 Declaration of Maurice Vega, #2 Memorandum in Support)(Perrone, Joseph) |
| Filing 9 Corporate Disclosure Statement by Carnival Corporation & PLC identifying Other Affiliate Carnival Corporation & PLC, Other Affiliate Carnival Cruise Line for Carnival Corporation & PLC. (Perrone, Joseph) |
| Filing 8 NOTICE of Appearance by Joseph J. Perrone on behalf of Carnival Corporation & PLC and Carnival Cruise Line (Perrone, Joseph) |
| Filing 7 SUMMONS Returned Executed by Suraya Sterling. Carnival Corporation & PLC served on 8/17/2020, answer due 9/7/2020. (Umeugo, Ikechukwu) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Carnival Corporation & PLC* with answer to complaint due within *21* days. Attorney *Ikechukwu Umeugo* *Umeugo & Assoc.* *620 Boston Post Rd., PO Box 26373* *West Haven, CT 06516*. (Fazekas, J.) |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Standing Protective Order, #3 Electronic Filing Order, #1 Complaint filed by Suraya Sterling, #2 Order on Pretrial Deadlines Signed by Clerk on 08/11/2020.(Fazekas, J.) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 08/10/2020.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 08/10/2020.(Fazekas, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/9/2020. Discovery due by 2/9/2021. Dispositive Motions due by 3/16/2021. Signed by Clerk on 08/10/2020.(Fazekas, J.)
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| Filing 1 COMPLAINT against Carnival Corporation & PLC( Filing fee $400 receipt number ACTDC-6023208.), filed by Suraya Sterling.(Umeugo, Ikechukwu) Modified to correct party on 8/10/2020 (Hushin, Z.). |
| Request for Clerk to issue summons as to Carnival Corporation & PLC. (Umeugo, Ikechukwu) Modified to correct party on 8/10/2020 (Hushin, Z.). |
| Judge Kari A. Dooley added. (Oliver, T.) |
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