Norwegian Cruise Line Holdings Ltd et al v. Rivkees, M.D.
Plaintiff Norwegian Cruise Line Holdings Ltd. sued Defendant Dr. Scott Rivkees, Surgeon General of Florida and head of the Florida Department of Health, to enjoin enforcement of Florida Statute § 381.00316. Plaintiff asserted that the statute prevented them from requiring passengers to provide "any documentation certifying COVID-19 vaccination or post-infection recovery" prior to boarding, and violated their rights under the First Amendment, the dormant Commerce Clause and Substantive Due Process, and is also preempted by the CDC's Conditional Sailing Order.
| Norwegian Cruise Line Holdings Ltd, NCL ( Bahamas) Ltd., Seven Seas Cruises S. DE R.L. LLC doing business as REGENT SEVEN SEAS CRUISES and Oceania Cruises S. De R.L. doing business as OCEANIA CRUISES |
| Scott Rivkees, M.D. |
| 1:2021cv22492 |
| July 13, 2021 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2021. A more recent docket listing may be available from PACER.
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Filing 51
PAPERLESS ORDER granting the Parties' joint motion to stay all deadlines pending appeal #49 . For good cause shown, the motion #49 is GRANTED. This matter is STAYED pending the resolution of Defendant's appeal of the preliminary injunction #43 to the Eleventh Circuit. The Parties shall file a joint status report regarding further proceedings in this case no later than 30 days after the Eleventh Circuit issues its ruling. Signed by Judge Kathleen M. Williams on 8/24/2021. (clu)
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Filing 50
TRANSCRIPT of Zoom hearing held on 8-6-2021 before Judge Kathleen M. Williams, 109 pages, re: #45 Notice of Appeal, Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. 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 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (ps)
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Filing 49
Joint MOTION to Stay re #43 Order on Motion for Preliminary Injunction Joint Motion to Suspend Deadlines Pending Appeal by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Responses due by 9/3/2021 (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Suspend Deadlines)(O'Sullivan, John)
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Filing 48
RESPONSE in Opposition re #39 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Plaintiffs' Opposition to Defendant's Motion to Dismiss filed by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 8/25/2021. (O'Sullivan, John)
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Filing 47
TRANSCRIPT INFORMATION FORM by Scott Rivkees, M.D. re #45 Notice of Appeal,. Pre-Trial Proceedings transcript(s) ordered. Order placed by Joseph O. Masterman. Email sent to Court Reporter Coordinator. (Masterman, Joseph)
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Filing 46
Acknowledgment of Receipt of NOA from USCA re #45 Notice of Appeal, filed by Scott Rivkees, M.D.. Date received by USCA: 8/11/21. USCA Case Number: 21-12729-B. (hh)
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #45 Notice of Appeal. Notice has been electronically mailed. (hh)
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Filing 45
Notice of Appeal as to #43 Order on Motion for Preliminary Injunction by Scott Rivkees, M.D.. Filing fee $ 505.00 receipt number AFLSDC-14916275. 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. (Masterman, Joseph)
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Filing 44
ORDER denying #28 Expedited Motion Transfer. Signed by Judge Kathleen M. Williams on 8/8/2021. See attached document for full details. (shy)
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Filing 43
ORDER granting #3 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Kathleen M. Williams on 8/8/2021. See attached document for full details. (clu)
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Filing 42
PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Zoom Motion Hearing held on 8/6/2021 re: DE #3 Plaintiff's MOTION for Preliminary Injunction Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Norwegian Cruise Line Holdings Ltd, NCL ( Bahamas) Ltd., Seven Seas Cruises S. DE R.L. LLC, Oceania Cruises S. De R.L. Court heard oral argument. Matter taken under advisement. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
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Filing 41
PAPERLESS ORDER. The preliminary injunction hearing scheduled for August 6, 2021 at 10:00 AM will be conducted by videoconference. To observe, please use the link: #https://www.zoomgov.com/j/1613543192?pwd=RGJGU3ZKVytMbDNxenNmQlUvaVRFdz09 and the Passcode 923561. Interested members of the public are welcome to observe the proceeding. Observers are reminded of the general prohibition against photographing, recording, live streaming 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, contempt of court, or any other sanctions deemed necessary by the court. Signed by Judge Kathleen M. Williams on 8/5/2021. (clu) Modified on 8/5/2021 (mso).
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Filing 40
REPLY to Response to Motion re #28 Defendant's EXPEDITED MOTION To Transfer filed by Scott Rivkees, M.D.. (Masterman, Joseph)
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Filing 39
Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Scott Rivkees, M.D.. Responses due by 8/18/2021 (Masterman, Joseph)
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Filing 38
ORDER granting #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney William V. Bergstrom. Signed by Magistrate Judge Chris M. McAliley on 8/4/2021. See attached document for full details. (rr00)
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Filing 37
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William V. Bergstrom. Filing Fee $ 200.00 Receipt # AFLSDC-14898385 by Scott Rivkees, M.D.. Responses due by 8/17/2021 (Attachments: #1 Certification of William V. Bergstrom, #2 Text of Proposed Order)(Masterman, Joseph)
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Filing 36
RESPONSE in Opposition re #28 Defendant's EXPEDITED MOTION To Transfer filed by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 8/6/2021. (O'Sullivan, John)
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Filing 35
REPLY to Response to Motion re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law Plaintiffs' Reply in Support of their Expedited Motion for a Preliminary Injunction filed by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. (Attachments: #1 Affidavit Second Declaration of Olga Vieira, #2 Affidavit Second Declaration of Dr. Stephen Ostroff)(O'Sullivan, John)
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Filing 34
AFFIDAVIT in Opposition re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Masterman, Joseph)
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Filing 33
AFFIDAVIT in Opposition re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Masterman, Joseph)
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Filing 32
RESPONSE in Opposition re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D.. Replies due by 8/3/2021. (Masterman, Joseph)
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Filing 31
ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney William A. Burck. Signed by Magistrate Judge Chris M. McAliley on 7/23/2021. See attached document for full details. (rr00)
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Filing 30
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William A. Burck. Filing Fee $ 200.00 Receipt # AFLSDC-14871032 by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Responses due by 8/6/2021 (Attachments: #1 Certification Certification of William A. Burck, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(O'Sullivan, John)
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Filing 29
PAPERLESS ORDER. This matter is before the Court on Defendant's Expedited Motion To Transfer #28 . By no later than July 30, 2021, Plaintiffs shall file a response in opposition to the Motion #28 . By no later than August 4, 2021, Defendant may file a reply in support of the Motion #28 . Signed by Judge Kathleen M. Williams on 7/18/2021. (clu)
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Filing 28
Defendant's EXPEDITED MOTION To Transfer by Scott Rivkees, M.D.. (Masterman, Joseph)
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Filing 27
ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nicholas A. Varone. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details. (rr00)
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Filing 26
ORDER granting #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Peter A. Patterson. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details. (rr00)
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Filing 25
ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Charles J. Cooper. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details. (rr00)
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Filing 24
ORDER. Expedited Motion DE#16 is GRANTED. By no later than July 27, 2021, Defendant shall file a brief in opposition to the motion for preliminary injunction and any affidavits or other evidence in support. By no later than July 30, 2021, Plaintiffs may file a reply in support of their motion. A hearing on the motion for preliminary injunction is SCHEDULED for August 6, 2021 at 10:00 AM. Responses due by 7/27/2021 Replies due by 7/30/2021. Motion Hearing set for 8/6/2021 10:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 7/16/2021. See attached document for full details. (ebz)
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Filing 23
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas A. Varone. Filing Fee $ 200.00 Receipt # AFLSDC-14852271 by Scott Rivkees, M.D.. Responses due by 7/30/2021 (Attachments: #1 Certification of Nicholas A. Varone, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice - Nicholas A. Varone)(Masterman, Joseph)
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Filing 22
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter A. Patterson. Filing Fee $ 200.00 Receipt # AFLSDC-14852236 by Scott Rivkees, M.D.. Responses due by 7/30/2021 (Attachments: #1 Certification of Peter A. Patterson, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice - Peter A. Patterson)(Masterman, Joseph)
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Filing 21
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles J. Cooper. Filing Fee $ 200.00 Receipt # AFLSDC-14852171 by Scott Rivkees, M.D.. Responses due by 7/30/2021 (Attachments: #1 Certification of Charles J. Cooper, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice - Charles J. Cooper)(Masterman, Joseph)
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Filing 20
NOTICE of Attorney Appearance by Joseph O'Meara Masterman on behalf of Scott Rivkees, M.D.. Attorney Joseph O'Meara Masterman added to party Scott Rivkees, M.D.(pty:dft). (Masterman, Joseph)
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Filing 19
ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan G. Cooper. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details. (rr00)
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Filing 18
ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Derek L. Shaffer. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details. (rr00)
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Filing 17
RESPONSE in Opposition re #16 Defendant's EXPEDITED MOTION For Extension of Time to Respond re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 7/23/2021. (O'Sullivan, John)
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Filing 16
Defendant's EXPEDITED MOTION For Extension of Time to Respond re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law by Scott Rivkees, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Treadwell, Raymond)
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Filing 15
NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of Scott Rivkees, M.D.. Attorney Raymond Frederick Treadwell added to party Scott Rivkees, M.D.(pty:dft). (Treadwell, Raymond)
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Filing 14
NOTICE of Compliance With Court Order [D.E. 12] and Notice of Filing Return of Service by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC re #12 Order,, Order Setting Hearing on Motion, (Attachments: #1 Exhibit 1 - Return of Service) (O'Sullivan, John)
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Filing 12
ORDER SETTING BRIEFING SCHEDULE re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law :( Motion Hearing set for 8/6/2021 at 10:00 AM before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 7/14/2021. See attached document for full details. (ail)
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Filing 13
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. Magistrate Judge Chris M. McAliley for Discovery Matters. Signed by Judge Kathleen M. Williams on 7/14/2021. See attached document for full details. (ebz)
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Filing 11
MOTION Plaintiffs' Motion for Status Conference Regarding Schedule on Expedited Motion for a Preliminary Injunction re #3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law , MOTION for Hearing by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. (Attachments: #1 Exhibit 1 - Email Chain, #2 Exhibit 2 - Email Chain)(O'Sullivan, John)
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Filing 10
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Seven Seas Cruises S. DE R.L. LLC, Norwegian Cruise Line Holdings Ltd, NCL ( Bahamas) Ltd., Oceania Cruises S. De R.L.. Scott Rivkees, M.D. served on 7/14/2021, answer due 8/4/2021. (Attachments: #1 Exhibit 1 - Return of Service)(O'Sullivan, John)
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Filing 9
Clerks Notice to Filer re #8 Certificate of Other Affiliates/Corporate Disclosure Statement,,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz)
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Filing 8
Plaintiff's Corporate Disclosure Statement / Plaintiffs' Rule 7.1 Corporate Disclosure Statement by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC identifying Other Affiliate Regent Seven Seas Cruises, Other Affiliate Classic Cruises, LLC, Other Affiliate Classic Cruises II, LLC for Seven Seas Cruises S. DE R.L. LLC; Other Affiliate Prestige Cruises International S. de R.L., Other Affiliate Prestige Cruise Holdings S. de R.L. for Oceania Cruises S. De R.L.; Other Affiliate Arrasas Limited, Other Affiliate NCL International, Ltd, Other Affiliate NCL CORPORATION LTD. for NCL ( Bahamas) Ltd. (O'Sullivan, John)
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Filing 7
Summons Issued as to Scott Rivkees, M.D.. (ebz)
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Filing 6
NOTICE of Filing Proposed Summons(es) / Summons in Civil Action to Defendant Dr. Scott Rivkees by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L re #1 Complaint, filed by Norwegian Cruise Line Holdings Ltd, SEVEN SEAS CRUISES S. DE R.L, OCEANIA CRUISES S. DE R.L., NCL ( Bahamas) Ltd. (O'Sullivan, John)
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Filing 5
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan G. Cooper. Filing Fee $ 200.00 Receipt # AFLSDC-14841234 by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L. Responses due by 7/27/2021 (Attachments: #1 Certification Certification of Jonathan G. Cooper, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Jonathan G. Cooper)(O'Sullivan, John)
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Filing 4
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Derek L. Shaffer. Filing Fee $ 200.00 Receipt # AFLSDC-14841178 by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L. Responses due by 7/27/2021 (Attachments: #1 Certification Certification of Derek L. Shaffer, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Derek L. Shaffer)(O'Sullivan, John)
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Filing 3
Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law by NCL ( Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L. (Attachments: #1 Affidavit Declaration of Frank Del Rio, #2 Affidavit Declaration of Olga Vieira, #3 Affidavit Declaration of Dr. Jukka Laitamaki, #4 Affidavit Declaration of Dr. Stephen Ostroff)(O'Sullivan, John)
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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 Chris M. McAliley 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. (ebz)
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Filing 1
COMPLAINT for Declaratory Relief and Preliminary and Permanent Injunctive Relief (Jury Trial Requested) against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-14839931, filed by SEVEN SEAS CRUISES S. DE R.L, Norwegian Cruise Line Holdings Ltd, NCL ( Bahamas) Ltd., OCEANIA CRUISES S. DE R.L. d/b/a OCEANIA CRUISES, a foreign corporation. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(O'Sullivan, John)
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Filing 1
COMPLAINT for Declaratory Relief and Preliminary and Permanent Injunctive Relief (Jury Trial Requested) against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-14839931, filed by SEVEN SEAS CRUISES S. DE R.L, Norwegian Cruise Line Holdings Ltd, NCL ( Bahamas) Ltd., OCEANIA CRUISES S. DE R.L. d/b/a OCEANIA CRUISES, a foreign corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(O'Sullivan, John)
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