HH Advertising, Inc. v. Unique Vacations, Inc. et al
| HH Advertising, Inc. |
| Unique Vacations, Inc., Unique Travel Corporation and Sandals Resorts International, Ltd. |
| 1:2023cv24556 |
| December 1, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Melissa Damian |
| Copyright |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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Filing 33
ORDER granting #32 Motion for Extension of Time to File Reply to Motion. Replies due by 2/2/2024. Signed by Chief Judge Cecilia M. Altonaga on 1/23/2024. See attached document for full details. (ps1)
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| Filing 32 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer to Response to Motion to Remand by HH Advertising, Inc.. (Tuchman Meyers, Terri) |
| Filing 31 Defendant's NOTICE OF FILIING EXHIBITS by Unique Travel Corporation, Unique Vacations, Inc. re #30 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B) (Brito, Alejandro) |
| Filing 30 RESPONSE in Opposition re #23 Plaintiff's MOTION to Remand to State Court and Motion to Strike filed by Unique Travel Corporation, Unique Vacations, Inc.. Replies due by 1/23/2024. (Brito, Alejandro) |
| Filing 29 SUPPLEMENT to #23 Plaintiff's MOTION to Remand to State Court and Motion to Strike by HH Advertising, Inc. (Tuchman Meyers, Terri) |
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Filing 28
ORDER granting #27 Motion for Extension of Time. The parties have an additional seven (7) days following the Court's entry of an order on Plaintiff's Motion to Remand and Motion to Strike to file a joint scheduling report. Signed by Chief Judge Cecilia M. Altonaga on 1/8/2024. See attached document for full details. (ps1)
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| Filing 27 Renewed MOTION for Extension of Time to File Joint Scheduling Report by HH Advertising, Inc.. Responses due by 1/19/2024 (Tuchman Meyers, Terri) |
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Filing 26
PAPERLESS ORDER denying #25 Motion for Extension of Time, due to the failure to supply a proposed order, as is required by the Local Rules. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 25 Joint MOTION for Extension of Time to File Joint Scheduling Report by HH Advertising, Inc.. Responses due by 1/19/2024 (Tuchman Meyers, Terri) |
| Filing 24 NOTICE of Attorney Appearance by Terri Ellen Tuchman Meyers on behalf of HH Advertising, Inc.. Attorney Terri Ellen Tuchman Meyers added to party HH Advertising, Inc.(pty:pla). (Tuchman Meyers, Terri) |
| Filing 23 Plaintiff's MOTION to Remand to State Court and Motion to Strike by HH Advertising, Inc.. (Kluger, Alan) |
| Filing 22 Clerk's Notice of Docket Correction re 19 Order on Motion to Appear Pro Hac Vice. Document Restricted Due to Error; The correct document has been attached to this notice. (ps1) |
| SYSTEM ENTRY - Docket Entry 19 [order] restricted/sealed until further notice. (ps1) |
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Filing 21
ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Blake M. Carey. Signed by Chief Judge Cecilia M. Altonaga on 12/18/2023. See attached document for full details. (ps1)
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Filing 20
ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael K. Johnson. Signed by Chief Judge Cecilia M. Altonaga on 12/18/2023. See attached document for full details. (ps1)
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Filing 18
ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph V. Norvell. Signed by Chief Judge Cecilia M. Altonaga on 12/18/2023. See attached document for full details. (ps1)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Blake M. Carey. Filing Fee $ 200.00 Receipt # AFLSDC-17149494 by Unique Travel Corporation, Unique Vacations, Inc.. Responses due by 12/29/2023 (Attachments: #1 Certification, #2 Certification Certificate of Good Standing, #3 Text of Proposed Order)(Brito, Alejandro) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael K. Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-17149422 by Unique Travel Corporation, Unique Vacations, Inc.. Responses due by 12/29/2023 (Attachments: #1 Certification, #2 Certification Certificate of Good Standing, #3 Text of Proposed Order)(Brito, Alejandro) |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ian M. Betts. Filing Fee $ 200.00 Receipt # AFLSDC-17149370 by Unique Travel Corporation, Unique Vacations, Inc.. Responses due by 12/29/2023 (Attachments: #1 Certification, #2 Certification Certificate of Good Standing, #3 Text of Proposed Order)(Brito, Alejandro) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph V. Norvell. Filing Fee $ 200.00 Receipt # AFLSDC-17149264 by Unique Travel Corporation, Unique Vacations, Inc.. Responses due by 12/29/2023 (Attachments: #1 Text of Proposed Order, #2 Certification Certificate of Good Standing, #3 Certification)(Brito, Alejandro) |
| Filing 13 NOTICE of Attorney Appearance by Matthew Weinshall on behalf of Sandals Resorts International, LTD.. Attorney Matthew Weinshall added to party Sandals Resorts International, LTD.(pty:dft). (Weinshall, Matthew) |
| Filing 12 NOTICE of Attorney Appearance by Dayron Silverio on behalf of Sandals Resorts International, LTD.. Attorney Dayron Silverio added to party Sandals Resorts International, LTD.(pty:dft). (Silverio, Dayron) |
| Filing 11 NOTICE of Attorney Appearance by Peter Prieto on behalf of Sandals Resorts International, LTD. (Prieto, Peter) |
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Filing 10
ORDER denying #9 Motion to Dismiss. Signed by Chief Judge Cecilia M. Altonaga on 12/11/2023. See attached document for full details. (ps1)
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| Filing 9 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, DEFENDANT SANDALS RESORTS INTERNATIONAL LIMITEDS MOTION TO DISMISS PLAINTIFFS COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by Sandals Resorts International, LTD.. Attorney Peter Prieto added to party Sandals Resorts International, LTD.(pty:dft). Responses due by 12/22/2023 (Attachments: #1 Exhibit A - Declaration of Gebhard Reines, #2 Exhibit B - Bater v. Unique Vacations- Order -March 25 2019)(Prieto, Peter) |
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Filing 8
ORDER TRANSFERRING CASE to Chief Judge Cecilia M. Altonaga for all further proceedings, accepted and signed on 12/8/23. Judge K. Michael Moore no longer assigned to case. Signed by Judge K. Michael Moore on 12/8/2023. See attached document for full details. (ps1)
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| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Unique Travel Corporation, Unique Vacations, Inc. (Brito, Alejandro) |
| Filing 6 Bar Letter re: Admissions sent to attorney Joseph V. Norvell, Michael K. Johnson, Ian M. Betts, Blake M. Carey, mailing date December 4, 2023, (pt) |
| Filing 5 NOTICE of Compliance by Unique Travel Corporation, Unique Vacations, Inc. re 3 Order,,,,,,,,,,,,,,,,,,, (Brito, Alejandro) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. 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 Melissa Damian 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 Damian's discovery procedures. Signed by Judge K. Michael Moore on 12/4/2023. (mh02)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 12/4/2023. (mh02)
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| 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 Melissa Damian 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17113844, filed by Unique Travel Corporation, Unique Vacations, Inc . Answer Filed- Exhibit I -Pg. 1-27 / No Motion To Dismiss Filed. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B- State Court Complaint, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Brito, Alejandro) Modified text & attachment description on 12/4/2023 (rbe). |
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