Williams v. Carnival Corporation d/b/a Carnival Cruise Line
| Ethelen Williams |
| Carnival Corporation d/b/a Carnival Cruise Line |
| 1:2021cv22630 |
| July 22, 2021 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Lauren Fleischer Louis |
| K Michael Moore |
| Marine |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.
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Filing 37
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning June 6, 2022, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 9/14/2021. (hwr)
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Filing 36
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of June 6, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on June 2, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for May 24, 2022, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 9/14/2021. (hwr)
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Filing 35
Joint SCHEDULING REPORT - Rule 16.1 by Carnival Corporation d/b/a Carnival Cruise Line (Attachments: #1 Text of Proposed Order Attachment A Joint Proposed Scheduling Order, #2 Exhibit Attachment B Joint Scheduling Election to Jurisdiction By A U.S. Magistrate Judge for Final Disposition of Motions)(Gordon, Michael)
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Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Allena J. Wright to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #33 . 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 #33 is GRANTED. Allena J. Wright may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to attorneyajwright@yahoo.com. Signed by Judge K. Michael Moore on 9/8/2021. (hwr)
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Filing 33
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allena J. Wright. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #31 Motion to Appear Pro Hac Vice, by Ethelen Williams. Responses due by 9/10/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kaeiser, Clayton)
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Allena J. Wright to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #31 . The Motion fails to comply with the Court's CM/ECF Administrative Procedures. Specifically, Plaintiff failed to include an email address in the Motion. 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 #31 is DENIED WITHOUT PREJUDICE. Signed by Judge K. Michael Moore on 8/27/2021. (hwr)
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Filing 31
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allena J. Wright. Filing Fee $ 200.00 Receipt # AFLSDC-14961485 by Ethelen Williams. Attorney Clayton Reed Kaeiser added to party Ethelen Williams(pty:pla). Responses due by 9/9/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Kaeiser, Clayton)
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Filing 30
NOTICE of Attorney Appearance by Jeffrey Eric Foreman on behalf of Carnival Corporation d/b/a Carnival Cruise Line. Attorney Jeffrey Eric Foreman added to party Carnival Corporation d/b/a Carnival Cruise Line(pty:dft). (Foreman, Jeffrey)
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Filing 29
NOTICE of Attorney Appearance by Michael Charles Gordon on behalf of Carnival Corporation d/b/a Carnival Cruise Line. Attorney Michael Charles Gordon added to party Carnival Corporation d/b/a Carnival Cruise Line(pty:dft). (Gordon, Michael)
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to File Joint Scheduling Report. #27 . Therein, Defendant moves for a twenty (20) day extension of time to file the Joint Scheduling Report because "[t]he Parties have conferred and Defendant has learned Plaintiff is in the process of securing local counsel in accordance with applicable Local Rules and this Court's directive as set forth in correspondence to Texas counsel." Id. at 1-2. 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 Defendant's Unopposed Motion for Extension of Time to File Joint Scheduling Report #27 is GRANTED. The Parties' Joint Scheduling Report shall be due on or before September 13, 2021. Signed by Judge K. Michael Moore on 8/24/2021. (hwr)
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Filing 27
Unopposed MOTION for Extension of Time to File Joint Scheduling Report re 22 Pretrial Order,,,,,,,,,,, by Carnival Corporation d/b/a Carnival Cruise Line. Responses due by 9/7/2021 (Attachments: #1 Text of Proposed Order)(Tejera, Valentina)
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Filing 26
ANSWER and Affirmative Defenses to Complaint by Carnival Corporation d/b/a Carnival Cruise Line. (Attachments: #1 Ticket Contract)(Tejera, Valentina)
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Filing 25
Certificate of Other Affiliates/Corporate Disclosure Statement by Carnival Corporation d/b/a Carnival Cruise Line (Tejera, Valentina)
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Filing 24
NOTICE of Attorney Appearance by Valentina M. Tejera on behalf of Carnival Corporation d/b/a Carnival Cruise Line. Attorney Valentina M. Tejera added to party Carnival Corporation d/b/a Carnival Cruise Line(pty:dft). (Tejera, Valentina)
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Filing 23
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. 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 F. 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 Louis's discovery procedures. Signed by Judge K. Michael Moore on 7/23/2021. (hwr)
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Filing 22
PAPERLESS PRETRIAL ORDER. This order is entered upon the transfer of this case from the Southern District of Texas. It is hereby 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 August 23, 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 Judge K. Michael Moore on 7/23/2021. (hwr)
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Filing 21
Bar Letter re: Admissions sent to attorney Allena Joy Wright, Jeanie Tate Goodwin, James T Brown, Svetlana Sergeevna Sumina, mailing date July 22, 2021, (pt)
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Filing 20
Clerks Notice of Judge Assignment to 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)
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Filing 19
Case transferred in from Texas Southern; Case Number 3:21-cv-00036. Electronic file including transfer order and docket sheet received. .(bb).
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Filing 18
MEMORANDUM OPINION AND ORDER granting #4 MOTION to Change Venue to Southern District of Florida in Miami (Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
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ORDER TO TRANSFER CASE to SDFL - Miami Division (Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
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Interdistrict transfer to SDFL - Miami Division. Case transferred electronically. Case terminated on 7/22/2021, filed. (agould, 3)
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Filing 17
REPLY in Support of #4 MOTION to Change Venue to Southern District of Florida in Miami, filed by Carnival Corporation d/b/a Carnival Cruise Line. (Attachments: #1 Exhibit, #2 Exhibit)(Goodwin, Jeanie)
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Filing 16
DOCKET CONTROL ORDER. ETT: 5 Days. Jury. Pltf Expert Witness List due by 4/22/2022. Pltf Expert Report due by 4/22/2022. Deft Expert Witness List due by 5/26/2022. Deft Expert Report due by 5/26/2022. Discovery due by 7/29/2022. Dispositive Motion Filing due by 8/5/2022. All Other Pretrial Motions due by 9/16/2022. Joint Pretrial Order and Motions in Limine due by 11/4/2022. Docket Call set for 11/11/2022 at 09:30 AM at the Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(ltrevino, 3)
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Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on May 14, 2021. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Jeanie Tate Goodwin, Svetlana Sergeevna Sumina and Allena Joy Wright. (Court Reporter: L. Wells), filed. (wbostic, 4)
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Filing 15
PROPOSED ORDER Denying Motion to Transfer re: #4 MOTION to Change Venue to Southern District of Florida in Miami, filed.(Wright, Allena)
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Filing 14
RESPONSE in Opposition to #4 MOTION to Change Venue to Southern District of Florida in Miami, filed by Ethelen Williams. (Wright, Allena)
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Filing 13
NOTICE of Resetting. Parties notified. Initial Conference set for 5/14/2021 at 09:00 AM in by video before Magistrate Judge Andrew M Edison, filed. (ltrevino, 3)
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Filing 12
(PLEASE DISREGARD DOCKETED IN ERROR)See DKT 13 NOTICE of Resetting. Parties notified. Initial Conference set for 5/14/2021 at 09:00 AM in by video before Magistrate Judge Andrew Edison, filed. (ltrevino, 3)
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Filing 11
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference reset for 5/12/2021 at 09:30 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
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Filing 10
Unopposed MOTION for Continuance of Scheduling Conference by Allena J Wright, filed. Motion Docket Date 4/28/2021. (Attachments: #1 Proposed Order Order on Unopposed Motion for Continuance)(Wright, Allena)
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Filing 9
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Carnival Corporation d/b/a Carnival Cruise Line, filed.(Goodwin, Jeanie)
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Filing 8
DEMAND for Trial by Jury by Allena J Wright, filed.(Wright, Allena)
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Filing 7
ORDER (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3)
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Filing 6
CERTIFICATE OF INTERESTED PARTIES by Ethelen Williams, filed.(Wright, Allena)
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Filing 5
CERTIFICATE OF INTERESTED PARTIES by Carnival Corporation d/b/a Carnival Cruise Line, filed.(Goodwin, Jeanie)
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Filing 4
MOTION to Change Venue to Southern District of Florida in Miami by Carnival Corporation d/b/a Carnival Cruise Line, filed. Motion Docket Date 3/22/2021. (Attachments: #1 Appendix 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Appendix 2, #11 Proposed Order)(Goodwin, Jeanie)
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Filing 3
CERTIFICATE OF SERVICE IN A REMOVED ACTION by Carnival Corporation d/b/a Carnival Cruise Line, filed.(Goodwin, Jeanie)
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/15/2021 at 09:30 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3)
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Filing 1
NOTICE OF REMOVAL from 10th Judicial District Court - Galveston County, case number 21-CV-0084 (Filing fee $ 402 receipt number 0541-25993647) filed by Carnival Corporation d/b/a Carnival Cruise Line. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Goodwin, Jeanie)
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