Cruz v. Carnival Corporation
| Franco Cruz, Nancy Cruz, Kyle Espinoza and Krizel Cruz |
| Carnival Corporation doing business as Carnival Cruise Lines |
| 1:2023cv22871 |
| August 1, 2023 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Jonathan Goodman |
| Robert N Scola |
| Contract: Marine |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 22
Scheduling Order and Order of Referral to Mediation: (Jury Trial set for 8/26/2024 in Miami Division before Judge Robert N. Scola Jr., Calendar Call set for 8/20/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr.), (Mediation Deadline 5/9/2024.) Signed by Judge Robert N. Scola, Jr on 9/25/2023. See attached document for full details. (pc) #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.
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| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by Carnival Corporation (Llamas, Luis) |
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Filing 20
PAPERLESS ORDER directing the parties to file their joint discovery plan and conference report. Previously, the Court issued #13 its Order Requiring Discovery and Scheduling Conference, which, for cases that, like this one, were removed from state court, requires the parties to file a joint discovery plan and conference report, as set forth in Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2), within 35 days of the date of the Order. The Order was entered on August 2, 2023, making the parties' joint discovery plan and conference report due on September 6, 2023. Despite this deadline, the parties have not filed the required report. Accordingly, the Court directs the parties to file the report by September 22, 2023. Future violations of the Court's orders may result in sanctions, up to and including the striking of a party's pleadings or dismissal of this case. Cf. Powell v. Siegal, 447 F. App'x 92, 94 (11th Cir. 2011). ("Rule 16(f) authorizes a court to impose sanctions, including dismissal under Rule 37(b)(2)(A)(v), if a party fails to obey a pretrial order."). Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 19
PAPERLESS ORDER: The Court grants #18 the Defendant Carnival Corporation's motion for an order withdrawing James T. Brown, Christopher R. Hart, and Ashley N. Vega of the law firm of Holman, Fenwick, Willan LLP as counsel of record for the Defendant. Attorneys James T. Brown, Christopher R. Hart, and Ashley N. Vega are relieved of any further responsibility as counsel of record for the Defendant in this matter. The Defendant has been informed of the change and will continue to be represented by Luis Emilio Llamas of Jones Walker LLP. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 18 MOTION to Withdraw as Attorney by James T. Brown, Christopher R. Hart, and Ashley N. Vega for / by Carnival Corporation. Responses due by 9/21/2023 (Attachments: #1 Text of Proposed Order)(Llamas, Luis) |
| Filing 17 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice (Other),, by Carnival Corporation. Responses due by 9/15/2023 (Llamas, Luis) |
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Filing 16
PAPERLESS ORDER granting #15 the Defendant, Carnival Corporation's unopposed motion for enlargement of time to respond to the complaint. The Defendant shall respond to the complaint on or before September 1, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice (Other),, by Carnival Corporation. Attorney Luis Emilio Llamas added to party Carnival Corporation(pty:dft). (Attachments: #1 Text of Proposed Order)(Llamas, Luis) |
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Filing 14
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/4/2023. See attached document for full details. (fbn)
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Filing 13
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 8/2/2023. See attached document for full details. (pc)
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| Filing 12 Bar Letter re: Admissions sent to attorney Jason John Jakob, Christopher R. Hart, James Thomas Brown, mailing date August 2, 2023, (pt) |
| Filing 11 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jua) |
| Filing 10 Case transferred in from Texas Western; Case Number 5:23-cv-00834. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 9
ORDER ON MOTION TO TRANSFER VENUE, GRANTING re #6 Opposed MOTION to Change Venue filed by Carnival Corporation, The case is TRANSFERRED to the to the Miami Division of the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. 1404. The Court Hearing set for Defendant's Motion to Transfer Venue has been CANCELED. Signed by Judge Xavier Rodriguez. (wg)
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| Motion Hearing: #6 Opposed MOTION to Change Venue . Motion Hearing set for 8/15/2023 10:30 AM before Judge Xavier Rodriguez, (wg) |
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Text Order TAKING UNDER ADVISEMENT #6 Motion to Change Venue entered by Judge Xavier Rodriguez. This motion is set for hearing on Tuesday, August 15, 2023 at 10:30 a.m. in Courtroom H, United States Courthouse, 262 West Nueva, San Antonio, Texas 78207. If the parties wish to proceed via Zoom, they must notify the Courtroom Deputy, Sylvia Fernandez, at least 48 hours in advance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cb)
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| Filing 8 SUPPLEMENT to #6 Opposed MOTION to Change Venue by Carnival Corporation. (Attachments: #1 Exhibit E-1)(Brown, James) |
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Filing 7
STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (wg)
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| Filing 6 Opposed MOTION to Change Venue by Carnival Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Proposed Order)(Brown, James) |
| Filing 5 RULE 7 DISCLOSURE STATEMENT filed by Carnival Corporation. (Brown, James) |
| Filing 4 ADVISORY TO THE COURT by Carnival Corporation . (Brown, James) |
| Filing 3 NOTICE of Attorney Appearance by Christopher R. Hart on behalf of Carnival Corporation. Attorney Christopher R. Hart added to party Carnival Corporation(pty:dft) (Hart, Christopher) |
| Filing 2 SUPPLEMENT to #1 Notice of Removal,, by Carnival Corporation. (Brown, James) |
| Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg) |
| Filing 1 NOTICE OF REMOVAL by Carnival Corporation (Filing fee $402 receipt number ATXWDC-17617009), filed by Carnival Corporation. (Attachments: #1 Exhibit A - Index of Matters Being Filed, #2 Exhibit B - Plaintiff's Original Petition, #3 Exhibit C - State Court Docket Sheet, #4 Exhibit D - Counsel Contact Information, #5 Exhibit E - Citation Affidavit of Service, #6 Exhibit F - Defendant's Notice of Removal to Federal Court, #7 Civil Cover Sheet)(Brown, James) |
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