McDowell v. Fontainebleau Resorts, LLC
| Cara McDowell |
| Fontainebleau Resorts, LLC doing business as Fontainebleau Miami Beach |
| 1:2023cv22042 |
| June 1, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER granting #27 Motion for Extension of Time. Defendant shall file its reply in support of its Motion to Dismiss on or before November 20, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #26 Response in Opposition to Motion by Fontainebleau Resorts, LLC. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
| Filing 26 RESPONSE in Opposition re #22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Cara McDowell. Replies due by 11/6/2023. (Wallace, Jessica) |
| Filing 25 NOTICE by Cara McDowell (Notice to Court of Scheduled Mediation) (Wallace, Jessica) |
| Reset Deadline per DE#24 as to #22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM. Responses due by 10/30/2023. (scn) |
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Filing 24
PAPERLESS ORDER granting #23 Motion for Extension of Time. Plaintiff shall respond to the Motion to Dismiss on or before October 30, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 23 MOTION for Extension of Time to File Response in Opposition re #22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Cara McDowell. Responses due by 10/19/2023 (Attachments: #1 Proposed Order)(Wallace, Jessica) |
| Filing 22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Fontainebleau Resorts, LLC. Responses due by 10/16/2023 (Attachments: #1 Exhibit A)(Brady, Julie) |
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Filing 21
PAPERLESS ORDER denying as moot #7 Defendant's Motion to Dismiss for Failure to State a Claim in light of the Amended Complaint #20 . Signed by Judge Darrin P. Gayles (hs01)
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| Filing 20 First AMENDED COMPLAINT (First Amended Class Action Complaint) against Fontainebleau Resorts, LLC, filed by Cara McDowell.(Wallace, Jessica) |
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Filing 19
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE. Telephonic Calendar Call set for 10/16/2024 09:30 AM before Judge Darrin P. Gayles., Jury Trial set for 10/21/2024 before Judge Darrin P. Gayles., Telephonic Status Conference set for 3/27/2024 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 9/15/2023. See attached document for full details. (nan)
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| Filing 18 Defendant's Corporate Disclosure Statement by Fontainebleau Resorts, LLC (Brady, Julie) |
| Filing 17 Joint Election to Jurisdiction for Final Disposition of Motions . Filed by Cara McDowell (Wallace, Jessica) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Cara McDowell (Attachments: #1 Exhibit "A" - Proposed Joint Scheduling Order)(Wallace, Jessica) |
| Filing 15 Corporate Disclosure Statement and Certificate of Interested Parties by Cara McDowell (Wallace, Jessica) |
| Set/Reset Deadlines/Hearings as to #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM . Responses due by 9/25/2023. Per DE 14 Order. (ebz) |
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion to Dismiss on or before September 25, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response in Opposition to Defendant's Motion to Dismiss re #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Cara McDowell. Responses due by 9/14/2023 (Attachments: #1 Proposed Order)(Wallace, Jessica) |
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Filing 12
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 14, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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Filing 11
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Georgia L. Bennett may appear and participate in this action on behalf of Defendant Fontainebleau Resorts, LLC d/b/a Fontainebleau Miami Beach. The Clerk shall provide electronic notification of all electronic filings to Georgia L. Bennett, at gbennett@bakerlaw.com. Signed by Judge Darrin P. Gayles (hs01)
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Filing 10
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. John P. Hutchins may appear and participate in this action on behalf of Defendant Fontainebleau Resorts, LLC d/b/a Fontainebleau Miami Beach. The Clerk shall provide electronic notification of all electronic filings to John P. Hutchins, at jhutchins@bakerlaw.com. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Georgia L. Bennett. Filing Fee $ 200.00 Receipt # AFLSDC-16877942 by Fontainebleau Resorts, LLC. Responses due by 9/11/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Brady, Julie) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Hutchins. Filing Fee $ 200.00 Receipt # AFLSDC-16877552 by Fontainebleau Resorts, LLC. Responses due by 9/11/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Brady, Julie) |
| Filing 7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Fontainebleau Resorts, LLC. Attorney Julie Singer Brady added to party Fontainebleau Resorts, LLC(pty:dft). Responses due by 9/11/2023 (Attachments: #1 Exhibit A)(Brady, Julie) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Cara McDowell. Fontainebleau Resorts, LLC waiver sent on 6/27/2023, response/answer due 8/28/2023. (Wallace, Jessica) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 4 Bar Letter re: Admissions sent to attorney Mason Barney and Tyler Bean, mailing date June 2, 2023, (pt) |
| Filing 3 Summons Issued as to Fontainebleau Resorts, LLC. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (nan) |
| Filing 1 COMPLAINT against Fontainebleau Resorts, LLC. Filing fees $ 402.00 receipt number AFLSDC-16662236, filed by Cara McDowell. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Wallace, Jessica) |
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