ESTATE OF LANE CAVINESS et al v. Atlas Air, Inc. et al
| Patrick Akerlund, Michael Alzati, Eric Anderson, Michael Ballard, Cindy Barrionuevo, Larry James Bearce, Robert Bellman, Benjamin Bendiburg, Douglas Berry, Gregory Berry, Douglas Bohnert, Lynette Botha, Caleb Buehrer, Richard Bullock, Jon Carroll, Vergil Caskey, James Castor, Brett L. Chapman, Nathan Charboneau, Shawn Churchel, Joel Colon, Mark Connor, Matthew Cronauer, Fred Cunningham, Royal Danza, Elliot De Sousa, Eric Desandro, Steve Dixon, James Erickson, Luis Esquivia, Lee Estes, Robert Fratti, Timothy Frye, Jonathan Fussle, Tony Gamboa, Dennis Gebhard, Reza Ghods, Mark Gilman, Eric Gordon, Greg Gordon, Daniel Greer, Rexford Heivilin, Jason Henning, David Hewson III, Todd Hontz, Daniel Hudson, Roger Justice, John Kearins, David Keen, Beth Kirby, Chad Kravetz, Daniel Lee, Joseph Loschiavo, Andrew Lutz, Blythe Lutz, Rafael Macario, Douglas P. Mayo, Jr., Steven Meissner, Jeffrey Michonski, Andrew Mickler, Corey Morris, Steven Muratore, Gregory Myers, Peter Napora, Joel Pardo, Lance Phillips, Patrick Phillips, Siegfried Pittet, Glen Pronk, Charles Randall, Peter Raymond, Joshua Roberts, Rebecca Robertson, Jason Rogers, Gregory Samson, William Serritella, Gentry Shelton, Todd Snaza, Donald Sorrentino, Mark South, Michael Stark, Elizabeth Stoneking, John Swift, Nick Taylor, Mark Thien, Acting Administrator William Thompson, Brandon Thoroughman, Geri Tonda, Ricardo Torres Abarca, Gustavo Verdes, James Villella, Farshad Zarrabian, VENANCIUS KASSANDJI, RICKY KINDER, CARL LINDBERG, MONTAGUE MCMILLAN, APRIL MCQUILLEN, CHRISTOPHER MCQUILLEN, Eric W Anderson, MICHAEL G. BALLARD, Jr, LARRY JAMES BEARCE, Jr., Rexford T. Heivilin, David Hewson, lll, Andreas N. Koustas, Kimberly Schreck, Forrest Stowells, Barbara Janeice Surber and WILLIAM THOMPSON |
| JASON FRISBIE, ROBERT GIUDICE, ANDREAS KOUSTAS, KIMBERLEY SCHRECK, AUSTIN STATON, FOREST STOWELLS, Barbara surber, Atlas Air, Inc., Flight Services International, LLC, EncompassAir, LLC, JOHN DIETRICH, Patricia Goodwin-Peters, Jeffrey Carlson, ESTATE OF LANE CAVINESS and JOHN W. DIETRICH |
| 1:2022cv23519 |
| October 27, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 73
ORDER granting #66 Motion to Dismiss, Closing Case. Signed by Judge K. Michael Moore on 9/20/2023. See attached document for full details. (sdu)
|
|
Filing 72
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Opposed Second Renewed Motion to Stay Discovery and to Vacate the Case Deadlines, Or in the Alternative, Unopposed Motion to Extend All Case Deadlines by 120 Days. #68 . Therein, Defendants request that the Court vacate the existing discovery, mediation, and trial deadlines, so that a new schedule... can be established after the Courts ruling on the Motion to Dismiss." Id. at 1. In the alternative, Defendants make an unopposed motion that the Court "extend each of the existing discovery, mediation and trial deadlines by 120 days," which would "afford the parties flexibility so that they are not required immediately to embark on the challenge of conducting discovery across 89 Plaintiffs' individual claims in less than 4 months." Id. at 1-2. A court may issue a stay of discovery pending the resolution of a motion where "resolution of the motion will dispose of the entire case." Dayem v. Chavez, No. 13-62405-Civ-COOKE/TURNOFF, 2014 WL 12588513, at *1 (S.D. Fla. Mar. 11, 2014) (citation omitted). "To evaluate whether there is a strong likelihood 'the [dismissal] motion will be granted and entirely eliminate the need for such discovery,' the district court must take a 'preliminary peek' at the merits of the motion." Id. (quoting Feldman v. Flood, 176 F.R.D. 651, 652-53 (M.D. Fla. 1997)). Here, upon a cursory review of the Motion to Dismiss #66 , the Court finds that there is a strong likelihood that it will fully dispose of some claims in this case, particularly in light of the Court's dismissal of Plaintiffs' previous Amended Complaint. See Estate of Lane Caviness et al. v. Atlas Air, Inc. et al., Case No. 1:22-cv-23519-KMM (ECF No. 59) (S.D. Fla. July 10, 2023). Defendant moves to dismiss Plaintiff's Second Amended Complaint based on similar grounds, which, barring some exceptions, are also likely to apply here. And, dismissing even some claims or plaintiffs may significantly alter the amount of discovery required in a case with 89 Plaintiffs and 10 causes of action. Thus, a stay is warranted. Accordingly, upon consideration of the Motion #68 , the pertinent portions of the record, and being otherwise fully advised in the premises, Defendants' request for a stay of discovery is GRANTED pending the Court's ruling on Defendants' Motion to Dismiss #66 . IT IS FURTHER ORDERED that this case is now set for trial commencing the two-week trial period of May 20, 2024, 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 May 16, 2024, 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 2, 2024, at 11 a.m. All other pretrial deadlines shall follow the instructions given in the Scheduling Order previously issued on March 6, 2023. 40 . Signed by Judge K. Michael Moore on 9/8/2023. (sdu)
|
| Filing 71 Notice of Supplemental Authority re #66 MOTION TO DISMISS #63 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #63 Amended Complaint/Amended Notice of Removal by Atlas Air, Inc., Flight Services International, LLC (Attachments: #1 Exhibit A) (Hogan, Michelle) |
| Filing 70 RESPONSE in Support re #66 MOTION TO DISMISS #63 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #63 Amended Complaint/Amended Notice of Removal filed by Atlas Air, Inc., Flight Services International, LLC. (Attachments: #1 Exhibit A)(Hogan, Michelle) |
| Filing 69 RESPONSE in Opposition re #66 MOTION TO DISMISS #63 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #63 Amended Complaint/Amended Notice of Removal filed by Patrick Akerlund. Replies due by 8/23/2023. (Attachments: #1 Exhibit)(Sabatini, Anthony) |
| Filing 68 Renewed MOTION to Stay , MOTION to Vacate ( Responses due by 8/29/2023), Unopposed MOTION for Extension of Time Extend All Case Deadlines by 120 Days ( Responses due by 8/29/2023) by Atlas Air, Inc., Flight Services International, LLC. (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 67 AFFIDAVIT (Notice of Filing Declaration) signed by: Joni D. Ffrench re #66 MOTION TO DISMISS #63 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #63 Amended Complaint/Amended Notice of Removal by Flight Services International, LLC (Green, Matthew) |
| Filing 66 MOTION TO DISMISS #63 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #63 Amended Complaint/Amended Notice of Removal ( Responses due by 8/16/2023) by Atlas Air, Inc., Flight Services International, LLC. (Attachments: #1 Exhibit 1 - EEOC Charge Status Chart, #2 Exhibit A - C. Ybarra's Declaration, #3 Exhibit C - FSI's Arbitration Agreeement (Composite))(Hogan, Michelle) |
|
Filing 65
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Leave to File Excess Pages. #64 . 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 to File Excess Pages #64 is GRANTED IN PART. Defendants may file a consolidated Motion to Dismiss in excess of 20 pages, but no more than 40 pages. Signed by Judge K. Michael Moore (rfr)
|
| Filing 64 Unopposed MOTION for Leave to File Excess Pages by Atlas Air, Inc., Flight Services International, LLC. (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 63 Second AMENDED COMPLAINT against All Defendants, filed by Rafael Macario.(Sabatini, Anthony) |
|
Filing 62
PAPERLESS ORDER denying as moot #49 per ECF No. 59. Signed by Judge K. Michael Moore (rfr)
|
|
Filing 61
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion for Extension of Time. #60 . Plaintiffs filed their initial Complaint (ECF No. 1) on October 27, 2022. Then, on February 6, 2023, Defendants filed a Motion to Dismiss, arguing, among other things, that Plaintiffs Complaint was an impermissible shotgun pleading. (ECF No. 31 at 17). Thereafter, this Court entered a Paperless Order stating that, [w]ithout expressing any views as to the Motions merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects [as stated in the Motion to Dismiss] by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). (ECF No. 33). Thereafter, Plaintiff filed its Amended Complaint, (ECF No. 39), which Defendants moved to dismiss because, among other things, it was an impermissible shotgun pleading, (ECF No. 43). On July 10, 2023, this Court granted Defendants Motion to Dismiss (ECF No. 43), finding that the Amended Complaint was a quintessential shotgun pleading. (ECF No. 59). Now, Plaintiffs request an extension of time to file a second amended complaint. 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 for Extension of Time #60 is GRANTED IN PART. Plaintiff shall file its second amended complaint on or before July 19, 2023 at 12:00 pm. While the Court appreciates Plaintiffs counsels busy schedule, this is Plaintiffs second opportunity to amend its complaint based on a deficiency that has been pointed out since February 6, 2023. Signed by Judge K. Michael Moore (rfr)
|
| Reset Deadlines Per DE#61 Second Amended Complaint due by 7/19/2023. (cqs) |
| Filing 60 MOTION for Extension of Time to Amend Complaint by Rafael Macario. Responses due by 7/25/2023 (Sabatini, Anthony) |
| Reset Deadlines Per DE#59. Second Amended Complaint due by 7/13/2023. (cqs) |
|
Filing 59
ORDER granting in part #43 Motion to Dismiss. Signed by Judge K. Michael Moore See attached document for full details. (rfr)
|
| Filing 58 Unopposed MOTION to Stay Discovery by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. Responses due by 7/11/2023 (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 57 Reply in Support re #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal filed by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. (Attachments: #1 Exhibit Exhibit 1)(Hogan, Michelle)Text Modified on 5/9/2023 (cqs). |
| Reset Deadlines Replies due by 5/8/2023. (cqs) |
|
Filing 56
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Leave to File Excess Pages and for Extension of Time. #55 . 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 #55 is GRANTED. Defendants shall file their reply on or before May 8, 2023. Additionally, the reply may exceed 10 pages but cannot exceed 25 pages. Signed by Judge K. Michael Moore on 4/20/2023. (rfr) Date Corrected Modified on 4/21/2023 (cqs).
|
| Filing 55 Unopposed MOTION for Leave to File Excess Pages , Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 54 RESPONSE in Opposition re #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal filed by Rafael Macario. Replies due by 4/24/2023. (Sabatini, Anthony) |
| Filing 53 NOTICE by Rafael Macario (Sabatini, Anthony) |
|
Filing 52
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Leave to File Excess Pages. #50 . 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 #50 is GRANTED IN PART. Plaintiffs may file a consolidated Response to the Motion to Dismiss in excess of 20 pages, but not to exceed 40 pages, which is the same limitation the Court placed on Defendants regarding the Motion to Dismiss. See ECF No. 29. Signed by Judge K. Michael Moore on 4/14/2023. (rfr)
|
| Filing 51 NOTICE by Rafael Macario re #48 Response in Opposition to Motion, (Sabatini, Anthony) |
| Filing 50 MOTION for Leave to File Excess Pages by Rafael Macario. (Sabatini, Anthony) |
| Filing 49 Unopposed MOTION for Leave to File Excess Pages , Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal , #48 Response in Opposition to Motion, by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 48 RESPONSE in Opposition re #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal filed by Rafael Macario. Replies due by 4/19/2023. (Sabatini, Anthony) |
|
Filing 47
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Stay Discovery. #32 . Therein, the Parties request a stay of discovery pending adjudication of Defendants Motion to Dismiss (ECF No. 31). Id. The Court notes, however, that Plaintiff has filed an Amended Complaint, #39 , which mooted Defendants Motion to Dismiss, (ECF No. 42). Accordingly, UPON CONSIDERATION of the Amended Complaint, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Stay #32 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/11/2023. (rfr)
|
| Reset Deadlines as to #43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal . Responses due by 4/12/2023 per d.e. 46 Order. (mee) |
|
Filing 46
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #45 . 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 for Extension of Time #45 is GRANTED. Plaintiff shall respond to the Motion to Dismiss on or before April 12, 2023. Signed by Judge K. Michael Moore on 3/24/2023. (rfr)
|
| Filing 45 MOTION for Extension of Time deadline to file an opposition in response to Defendants consolidated motion to dismiss by Rafael Macario. Responses due by 4/5/2023 (Sabatini, Anthony) |
| Filing 44 Joint NOTICE of Mediator Selection. Selected/Added John W. Thorton as Mediator. (Hogan, Michelle) |
| Filing 43 Defendant's MOTION TO DISMISS #39 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #39 Amended Complaint/Amended Notice of Removal ( Responses due by 3/29/2023) by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. (Attachments: #1 Exhibit C. Ybarra's Declaration, #2 Exhibit J. Ffrench's Declaration, #3 Exhibit K. Weber's Declaration, #4 Exhibit J. Roberts' EEOC Charge, #5 Exhibit J. Roberts' EEOC Closure & NRTS, #6 Exhibit M. Hogan's Declaration, #7 Exhibit FSI Arbitration Agreement, #8 Exhibit M. Green's Declaration)(Hogan, Michelle) |
|
Filing 42
PAPERLESS ORDER. THIS CAUSE came before the Court upon the First Amended Complaint. #39 . The Amended Complaint moots Defendants Motion to Dismiss. #31 . Accordingly, UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Dismiss #31 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/6/2023. (rfr)
|
|
Filing 41
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning March 11, 2024, 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. The mediation shall take place in person absent good cause shown by the parties. 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 3/6/2023. (rfr)
|
|
Filing 40
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of March 11, 2024, 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 March 7, 2024, 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 February 27, 2024, 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. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. 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 3/6/2023. (rfr) #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.
|
| Filing 39 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Rafael Macario.(Sabatini, Anthony) |
|
Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #37 . 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 for Extension of Time #37 is GRANTED IN PART. Plaintiffs shall file the amended complaint on or before March 1, 2023. Signed by Judge K. Michael Moore on 2/17/2023. (rfr)
|
| Filing 37 First MOTION for Extension of Time to Amend Complaint by Rafael Macario. Responses due by 3/3/2023 (Sabatini, Anthony) |
| Reset Deadlines Per DE#38. Amended Complaint due by 3/1/2023. (cqs) |
|
Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Michael A. Grisham to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #35 . 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 #35 is GRANTED. Michael A. Grisham may appear pro hac vice in this matter on behalf of Defendant EcompassAir, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to grisham.michael@dorsey.com. Signed by Judge K. Michael Moore on 2/14/2023. (rfr)
|
| Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael A. Grisham. Filing Fee $ 200.00 Receipt # AFLSDC-16318521 by EncompassAir, LLC. Responses due by 2/24/2023 (Attachments: #1 Certification Certification of Michael A. Grisham, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Hartsell, Gabriel) |
| Filing 34 NOTICE of Attorney Appearance by Gabriel Matthew Hartsell on behalf of EncompassAir, LLC. Attorney Gabriel Matthew Hartsell added to party EncompassAir, LLC(pty:dft). (Hartsell, Gabriel) |
|
Filing 33
PAPERLESS ORDER REGARDING DEFENDANTS MOTION TO DISMISS #31 . THIS CAUSE came before the Court upon Defendants Motion to Dismiss. #31 . Therein, Defendants move to dismiss Plaintiffs Complaint for failure to state a claim upon which relief can be granted and for lack of jurisdiction. See generally id. Without expressing any views as to the Motions merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend its Complaint #1 or respond to the Motion to Dismiss #31 on or before February 20, 2023. Signed by Judge K. Michael Moore on 2/9/2023. (rfr)
|
| Filing 32 Unopposed MOTION to Stay Discovery by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. Responses due by 2/23/2023 (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
| Filing 31 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint ( Responses due by 2/21/2023) by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, EncompassAir, LLC, Flight Services International, LLC, Patricia Goodwin-Peters. (Attachments: #1 Exhibit Declaration of Carleen A. Ybarra, #2 Exhibit Declaration of John D. Ffrench, #3 Exhibit Declaration of Kyle Weber, #4 Exhibit Charge of Discrimination (Joshua Roberts), #5 Exhibit Dismissal and Notice of Rights (Joshua Roberts), #6 Exhibit Excerpts from Atlas Air, Inc.'s CBA, #7 Exhibit Arbitration Agreements of FSI Employees, #8 Exhibit Declaration as to Authenticity of Exhibits (FSI), #9 Exhibit Declaration as to Authenticity of Exhibits (Atlas Air Defendants))(Hogan, Michelle) |
| Filing 30 NOTICE of Attorney Appearance by Matthew Alexander Green on behalf of Flight Services International, LLC. Attorney Matthew Alexander Green added to party Flight Services International, LLC(pty:dft). (Green, Matthew) |
|
Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Leave to File Excess Pages. 11 . 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 to File Excess Pages 11 is GRANTED IN PART. Defendant may file a consolidated Motion to Dismiss in excess of 20 pages, but no more than 40 pages. Signed by Judge K. Michael Moore on 1/30/2023. (rfr)
|
| Filing 28 Unopposed MOTION for Leave to File Excess Pages by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters. (Attachments: #1 Text of Proposed Order)(Hogan, Michelle) |
|
Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Jonathan M. Linas to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #22 . 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 #22 is GRANTED. Jonathan M. Linas may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jlinas@jonesday.com. Signed by Judge K. Michael Moore on 1/17/2023. (rfr)
|
|
Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Alexander V. Maugeri to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #23 . 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 #23 is GRANTED. Alexander V. Maugeri may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to amaugeri@jonesday.com. Signed by Judge K. Michael Moore on 1/17/2023. (rfr)
|
| Filing 25 Joint SCHEDULING REPORT - Rule 16.1 by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hogan, Michelle) |
| Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters identifying Corporate Parent Atlas Air Worldwide Holdings, Inc. for Atlas Air, Inc., JOHN W. DIETRICH, Jeffrey Carlson, Patricia Goodwin-Peters (Hogan, Michelle) |
| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexander V. Maugeri. Filing Fee $ 200.00 Receipt # AFLSDC-16242363 by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters. Responses due by 1/30/2023 (Attachments: #1 Exhibit PHV Certification, #2 Text of Proposed Order)(Hogan, Michelle) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan M. Linas. Filing Fee $ 200.00 Receipt # AFLSDC-16242361 by Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters. Responses due by 1/30/2023 (Attachments: #1 Exhibit PHV Certification, #2 Text of Proposed Order)(Hogan, Michelle) |
| Filing 21 NOTICE of Attorney Appearance by Michelle Hogan on behalf of Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters. Attorney Michelle Hogan added to party Atlas Air, Inc.(pty:dft), Attorney Michelle Hogan added to party Jeffrey Carlson(pty:dft), Attorney Michelle Hogan added to party JOHN W. DIETRICH(pty:dft), Attorney Michelle Hogan added to party Patricia Goodwin-Peters(pty:dft). (Hogan, Michelle) |
| Filing 20 NOTICE of Attorney Appearance by Eliot Pedrosa on behalf of Atlas Air, Inc., Jeffrey Carlson, JOHN W. DIETRICH, Patricia Goodwin-Peters. Attorney Eliot Pedrosa added to party Atlas Air, Inc.(pty:dft), Attorney Eliot Pedrosa added to party Jeffrey Carlson(pty:dft), Attorney Eliot Pedrosa added to party JOHN W. DIETRICH(pty:dft), Attorney Eliot Pedrosa added to party Patricia Goodwin-Peters(pty:dft). (Pedrosa, Eliot) |
|
Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #18 . 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 for Extension of Time #18 is GRANTED IN PART. The Parties shall hold the scheduling conference on or before January 16, 2023. Signed by Judge K. Michael Moore on 12/27/2022. (rfr)
|
| Filing 18 First MOTION for Extension of Time 30 day extension. by Rafael Macario. Responses due by 1/9/2023 (Attachments: #1 Text of Proposed Order)(Sabatini, Anthony) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Rafael Macario. Jeffrey Carlson waiver sent on 12/8/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Rafael Macario. Patricia Goodwin-Peters waiver sent on 12/8/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Rafael Macario. JOHN W. DIETRICH waiver sent on 12/8/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Rafael Macario. EncompassAir, LLC waiver sent on 12/6/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Rafael Macario. Flight Services International, LLC waiver sent on 12/8/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Rafael Macario. Atlas Air, Inc. waiver sent on 12/8/2022, response/answer due 2/6/2023. (Sabatini, Anthony) |
|
Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion for John M. Pierce to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #10 . 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 #10 is GRANTED. John M. Pierce may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jpierce@johnpiercelaw.com and rtorres@johnpiercelaw.com. Signed by Judge K. Michael Moore on 11/15/2022. (rfr)
|
| Filing 10 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John M. Pierce. Filing Fee $ 200.00 Receipt # CFLSDC-16093117 by Rafael Macario. Responses due by 11/28/2022 (Sabatini, Anthony) |
|
Filing 9
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 11/1/2022. (rfr)
|
|
Filing 8
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 11/1/2022. (rfr)
|
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Anthony Frank Sabatini (Sabatini, Anthony) |
| Filing 6 NOTICE by Rafael Macario Filing a Civil Cover Sheet (Sabatini, Anthony) |
| Filing 5 Bar Letter re: Admissions sent to attorney John M. Pierce, mailing date October 28, 2022, (pt) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (nwn) |
| Filing 3 Clerk's 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. (nwn) |
| Filing 2 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16059362, filed by Rafael Macario.(Sabatini, Anthony) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
