Osborne v. Cinemark USA, Inc.
Plaintiff: Brandon Osborne
Defendant: Cinemark USA, Inc.
Case Number: 9:2023cv81273
Filed: September 15, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2023 Opinion or Order Filing 9 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/14/2023., Discovery due by 4/4/2024., Joinder of Parties due by 12/14/2023., In Limine Motions due by 4/18/2024., Dispositive Motions due by 4/18/2024., Motions due by 4/18/2024., Pretrial Stipulation due by 5/20/2024., Jury Trial set for 6/17/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/12/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/12/2023. See attached document for full details. (nan) #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.
October 12, 2023 Filing 8 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/12/2023. The Court discussed whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 21 minutes. Attorney Appearance(s): Christopher Bijan Whelton, Natasha Coyle. (Digital 13:00:42) (swr)
October 12, 2023 Filing 7 Clerk's Notice of Filing Deficiency Re: #6 Notice of Conventional Filing filed by Brandon Osborne, #5 Notice of Attorney Appearance filed by Brandon Osborne. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (ls)
October 12, 2023 Filing 6 NOTICE OF CONVENTIONAL FILING of #5 Notice of Attorney Appearance by Brandon Osborne (ls)
October 12, 2023 Filing 5 NOTICE of Attorney Appearance by Christopher Bijan Whelton on behalf of Brandon Osborne. Attorney Christopher Bijan Whelton added to party Brandon Osborne(pty:pla). (ls)
October 3, 2023 Opinion or Order Filing 4 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/12/2023 at 1:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/3/2023. (no00)
September 26, 2023 Opinion or Order Filing 3 ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge William Matthewman for to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 6/17/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/12/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/26/2023. See attached document for full details. (nan) #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.
September 15, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (wce)
September 15, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Osborne v. Cinemark USA, Inc.) Filing fee $ 402.00 receipt number AFLSDC-16921612, filed by Cinemark USA, Inc. (Answer EX7 PG21/ No Motion to Dismiss Filed.)(Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, (Answer PG21)#7 Exhibit 7, #8 Exhibit 8)(Coyle, Natasha) Modified Text on 9/15/2023 (wce).

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Plaintiff: Brandon Osborne
Represented By: Theodore Jay Berman
Represented By: Christopher Bijan Whelton
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Defendant: Cinemark USA, Inc.
Represented By: Natasha Coyle
Represented By: George Jeffrey Vernis
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