Eierstock v. Delta Air Lines, Inc.
| Anita Eierstock and Joseph Ramos |
| Delta Air Lines, Inc. and The Administrative Committee of Delta Airlines, Inc. |
| 1:2021cv01882 |
| May 6, 2021 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Leigh Martin May |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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Filing 97
ORDER - This case is ADMINISTRATIVELY CLOSED pending the parties' filing the dismissal. The parties are DIRECTED to file within SIXTY (60) days of the date of this Order either (1) the necessary documents to dismiss this case or (2) a joint status update notifying the Court why they are unable to file such documents. Signed by Judge Leigh Martin May on 6/1/2021. (tcc)
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| Civil Case Terminated. (tcc) |
| Filing 96 NOTICE by The Administrative Committee of Delta Airlines, Inc. of Negotiated Resolution (Downs, Tiffany) |
| Filing 95 NOTICE of Appearance by Tiffany D. Downs on behalf of The Administrative Committee of Delta Airlines, Inc. (Downs, Tiffany) |
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Filing 94
ORDER - The transferring Court denied Defendants Motion To File Reply In Support of Defendant's Motion for Leave to File Audio Recordings 82 . As this Court allows reply briefs as a matter of course and the Court would find a reply brief helpful, the Court GRANTS Defendant's Motion #81 . Defendant has 7 days from the entry of this order to file a reply brief not to exceed 10 pages. The Clerk is directed to unsubmit this motion #71 and resubmit it at the expiration of this deadline or the filing of the reply. Entered by Judge Leigh Martin May on 05/21/21. (LMM)
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Filing 93
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 5/6/2021. (tmf)
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Filing 92
ORDER OF RECUSAL. Judge Clarence Cooper recused. Case reassigned to Judge Leigh Martin May for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:21-cv-1882-LMM. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Clarence Cooper on 5/6/2021. (dob)
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| Filing 91 Case transferred in from District of Florida Middle; Case Number 8:20-cv-00269. Original file certified copy of transfer order and docket sheet received. |
| Submission of #51 MOTION to Certify Class and Supporting Memorandum of Law, #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, #71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51], to District Judge Clarence Cooper. (aar) |
| Submission of #51 MOTION to Certify Class and Supporting Memorandum of Law, #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, #71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51], to District Judge Leigh Martin May. (dob) |
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Filing 90
ORDER granting #17 Motion to Change Venue / Transfer Case. The Clerk is directed to TRANSFER this case to the Northern District of Georgia, Atlanta Division, for all further proceedings. Following transfer, the Clerk is directed to terminate any pending motions and deadlines and CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 5/5/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 89 NOTICE by Anita Eierstock, Joseph Ramos re #22 Response in Opposition to Motion, #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling OF WITHDRAWAL OF OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 88
ENDORSED ORDER granting #85 Motion to Stay. All deadlines in the #37 Case Management and Scheduling order are stayed pending resolution of #17 Motion to Transfer, #31 Motion to Strike and/or Dismiss, and #51 Motion to Certify Class. Within seven days of the Court's resolution of these motions, the parties must file an amended case management report. Signed by Judge Kathryn Kimball Mizelle on 5/4/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 87 RESPONSE in Opposition re #85 MOTION to Stay re #51 MOTION to Certify Class and Supporting Memorandum of Law, #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 86
ENDORSED ORDER expediting response to #85 Motion to Stay. Plaintiffs shall file their response by Monday, May 3, 2021. Signed by Judge Kathryn Kimball Mizelle on 4/29/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 85 MOTION to Stay re #51 MOTION to Certify Class and Supporting Memorandum of Law, #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling Or, Alternatively, Extend Case Management Deadlines Pending Rulings by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) Modified on 4/29/2021 to edit text (CRH). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 84 NOTICE of supplemental authority re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. (Attachments: #1 Supplemental Authority)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 83 RESPONSE in Opposition re #51 MOTION to Certify Class and Supporting Memorandum of Law (Sur-Reply) filed by The Administrative Committee of Delta Airlines, Inc.. (Attachments: #1 Exhibit A - Transcript of Audio Call, #2 Exhibit B - Ramos Notice)(Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 82
ENDORSED ORDER denying #80 Motion To File Reply In Support of Defendant's Motion for Leave to File Audio Recordings #71 . See Local Rule 3.01(d) ("Without leave, no party may file a reply directed to a response except a response to a motion for summary judgment."). The Court has sufficient briefing to decide the matter before it. Signed by Judge Kathryn Kimball Mizelle on 2/1/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 81 RESPONSE in Opposition re #80 MOTION for Miscellaneous Relief, specifically To File Reply In Support of Defendant's Motion for Leave to File Audio Recordings [DE 71] filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 80 MOTION for Miscellaneous Relief, specifically To File Reply In Support of Defendant's Motion for Leave to File Audio Recordings [DE 71] by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 79
ENDORSED ORDER granting #78 Motion leave to file a surreply. Surreply shall be no more than 7 pages and is due 2/12/20221. Signed by Judge Kathryn KImball Mizelle on 1/29/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 78 Unopposed MOTION for Miscellaneous Relief, specifically To File Sur-Reply In Support of Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51] by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 77 RESPONSE in Opposition re #71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51] filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 76 REPLY to Response to Motion re #51 MOTION to Certify Class and Supporting Memorandum of Law filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 75
ENDORSED ORDER granting #74 Motion for Extension of Time to File Response / Reply re #71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51]. Responses due by 1/29/2021. Signed by Judge Kathryn Kimball Mizelle on 1/22/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 74 Joint MOTION for Extension of Time to File Response/Reply as to #71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51] by All Plaintiffs. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 73
ENDORSED ORDER directing Plaintiffs to respond to #71 Defendant's Motion for Leave to File Audio Recordings by 1/22/2021. Signed by Judge Kathryn Kimball Mizelle on 1/20/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 72 MEDIATION report Hearing held on 1/15/2021. Hearing outcome: Impasse.. (Burruezo, Carlos) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 71 MOTION for Miscellaneous Relief, specifically To File Audio Recordings In Support of [DE 70] Defendant's Response In Opposition to Plaintiff's Motion for Class Certification [DE 51] by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) Modified on 1/12/2021 to edit text (CRH). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 70 RESPONSE in Opposition re #51 MOTION to Certify Class and Supporting Memorandum of Law filed by The Administrative Committee of Delta Airlines, Inc. (Attachments: #1 Exhibit A - COBRA Model Notice, #2 Exhibit B - Eierstock Interrogatory Answers, #3 Exhibit C - Ramos Interrogatory Answers, #4 Exhibit (Composite) D - Declarations, #5 Affidavit - Conduent Declaration, #6 Exhibit Deposition of Jennifer Shay, #7 Exhibit 1 to Deposition of Jennifer Shay, #8 Exhibit Deposition of Anita Eierstock, #9 Exhibit 1 to Deposition of Anita Eierstock, #10 Exhibit 2 to Deposition of Anita Eierstock, #11 Exhibit 6 to Deposition of Anita Eierstock, #12 Exhibit 7 to Deposition of Anita Eierstock, #13 Exhibit 8 to Deposition of Anita Eierstock, #14 Exhibit 10 to Deposition of Anita Eierstock, #15 Exhibit 13 to Deposition of Anita Eierstock, #16 Exhibit 14 to Deposition of Anita Eierstock, #17 Exhibit 15 to Deposition of Anita Eierstock, #18 Exhibit 17 to Deposition of Anita Eierstock, #19 Exhibit Deposition of Greg Tahvonen, #20 Exhibit Deposition of Joseph Ramos, #21 Exhibit 1 to Deposition of Joseph Ramos, #22 Exhibit 6 to Deposition of Joseph Ramos, #23 Exhibit 8 to Deposition of Joseph Ramos)(Munoz, Shane) Modified on 1/13/2021 to edit text (CRH). [Transferred from Florida Middle on 5/6/2021.] |
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Filing 69
ENDORSED ORDER: Joint MOTION to File Excess Pages for Response In Opposition to Motion for Certification #51 and for Plaintiffs to File Reply In Support of Motion for Certification #51 (Doc. #66 ) is granted. Plaintiffs are directed to file their reply on or before January 25, 2021. Signed by Judge Kathryn K. Mizelle on 1/11/2021. (NPC) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 68 NOTICE of supplemental authority re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) Modified on 1/11/2021 to edit text (CRH). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 67 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:20-cv-00269-210AEP. Judge Mary S. Scriven no longer assigned to the case. (CRH) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 66 Joint MOTION to File Excess Pages for Response In Opposition to Motion for Certification [DE 51] and for Plaintiffs to File Reply In Support of Motion for Certification [DE 51] by The Administrative Committee of Delta Airlines, Inc. (Andrews, Nicholas) Modified on 1/8/2021 to edit text (CRH). [Transferred from Florida Middle on 5/6/2021.] |
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Filing 65
ENDORED ORDER GRANTING #64 Defendant the Administrative Committee of Delta Air Lines, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification. Defendant shall have up to and including January 11, 2021 to respond to Plaintiffs' Motion for Class Certification. Signed by Judge Mary S. Scriven on 12/15/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 64 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Certify Class and Supporting Memorandum of Law by The Administrative Committee of Delta Airlines, Inc. (Andrews, Nicholas) Modified on 12/14/2020 (TDC). [Transferred from Florida Middle on 5/6/2021.] |
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Filing 63
ENDORSED ORDER DENYING #43 Defendant's Motion to Stay Discovery Pending Ruling on Motion to Strike and/or Dismiss (Dkt. 31) and 28 U.S.C. 1404(a) Motion to Transfer Venue (Dkt. 17). Signed by Judge Mary S. Scriven on 12/11/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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Filing 62
ENDORSED ORDER GRANTING #61 the Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification filed by Defendant the Administrative Committee of Delta Airlines, Inc. Defendant shall have up to and including December 18, 2020 to respond to Plaintiffs' motion for class certification. Signed by Judge Mary S. Scriven on 11/23/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 61 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Certify Class and Supporting Memorandum of Law by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) Modified on 11/23/2020 (TDC). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 60 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 11/20/2020 re #57 MOTION to Withdraw Admissions filed by The Administrative Committee of Delta Airlines, Inc. Court Reporter: Rebekah Lockwood (LV) Modified on 11/20/2020 (TDC). [Transferred from Florida Middle on 5/6/2021.] |
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Filing 59
ENDORSED ORDER granting #57 Motion to Withdraw Admissions for the reasons stated at the hearing. Signed by Magistrate Judge Anthony E. Porcelli on 11/20/2020. (JMF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 58 NOTICE of Zoom hearing on motion re #57 MOTION to Withdraw Admissions. Motion Hearing set for 11/20/2020 at 11:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and send out the login information separately. No response to the motion is required. (JMF) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 57 MOTION to Withdraw Admissions by The Administrative Committee of Delta Airlines, Inc. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Admissions to Defendant, #2 Exhibit B - Defendants Responses and Objections to Plaintiff's Interrogatories)(Andrews, Nicholas) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 11/16/2020 (TDC). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 56 DECLARATION of Tamera Bogle, Conduent HR Services, LLC Corporate Representative re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 55 DEPOSITION of Greg Tahvonen taken on October 30, 2020 re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. . (Attachments: #1 Word Index)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 54 DEPOSITION of Jennifer Shay taken on October 29, 2020 re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. . (Attachments: #1 Word Index)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 53 DEPOSITION of Joseph Ramos taken on October 8, 2020 re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. . (Attachments: #1 Word Index)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 52 DEPOSITION of Anita Eierstock taken on October 16, 2020 re #51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. . (Attachments: #1 Word Index)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 51 MOTION to Certify Class and Supporting Memorandum of Law by Anita Eierstock, Joseph Ramos. (Attachments: #1 Index to Documents Filed in Support, #2 Exhibit A, #3 Exhibit Composite Exhibit B, #4 Exhibit Composite Exhibit C, #5 Exhibit Composite Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Affidavit Declaration of Brandon J. Hill, #14 Affidavit Declaration of Luis A. Cabassa, #15 Affidavit Declaration of Mar R. Edelman)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 50 NOTICE of supplemental authority re #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 49 REPLY to Response to Motion re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule (Plaintiffs' Sur-Reply) filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 48 RESPONSE in Opposition re #43 MOTION to Stay re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. filed by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 47
ENDORSED ORDER GRANTING #45 the Unopposed Motion for Enlargement of Time for Plaintiffs to Seek Class Certification Under Rule 23. Plaintiffs shall have up to and including November 12, 2020 to file a motion for class certification. Signed by Judge Mary S. Scriven on 9/1/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 46 REPLY to Response to Motion re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule filed by The Administrative Committee of Delta Airlines, Inc. (Attachments: #1 Exhibit Letter from Attorney Brandon Hill to Administrative Committee, #2 Exhibit Jenkins -Brown v. Libert Acquisition Servicing, #3 Exhibit Steffanie A v. Gold Club Tampa - Order on Motion to Vacate)(Munoz, Shane) Modified on 9/1/2020 (TDC). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 45 Unopposed MOTION for Extension of Time to File Motion for Class Certification by All Plaintiffs. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 44
ENDORSED ORDER GRANTING #42 Defendant's Joint Motion for Defendant's Leave to File Reply in Support of Motion to Strike and/or Dismiss and Plaintiffs' Motion to File Sur-Reply. Defendant shall have up to and including seven (7) days from the date of this Order to file a six (6) page reply brief in support of its Motion. Plaintiff shall have seven (7) days thereafter to file a six (6) page sur-reply. Signed by Judge Mary S. Scriven on 8/24/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 43 MOTION to Stay re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule, #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling , Discovery Pending Rulings On Motion to Strike and/or Dismiss, and Motion to Transfer Venue by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 42 Joint MOTION for Miscellaneous Relief, specifically Leave to File Reply In Support of Motion to Strike and/or Dismiss Whichever Complaint The Court Deems Operative and Plaintiffs' Motion to File Sur-Reply by The Administrative Committee of Delta Airlines, Inc. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 41 RESPONSE in Opposition re #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule filed by Anita Eierstock, Joseph Ramos. (Attachments: #1 Exhibit A)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 40 NOTICE of mediation conference/hearing to be held on January 15, 2021 at 9:30 a.m. before Carlos Burruezo.(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 39
ENDORSED ORDER GRANTING #38 the Unopposed Motion for Extension of Time for Plaintiffs to Respond to Defendant's Motion to Strike and/or Dismiss. Plaintiffs shall have up to and including August 7, 2020 to respond to Defendant's Dispositive Motion to Strike and/or Dismiss. (Dkt. 31) Signed by Judge Mary S. Scriven on 7/24/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply as to #31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule by Anita Eierstock, Joseph Ramos. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 1/13/2022. Jury Trial set for the March 2022 trial term, which commences on 2/28/2022, with a more precise date to follow. Conduct mediation hearing by 1/15/2021. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 7/16/2020. (KAC) [Transferred from Florida Middle on 5/6/2021.]
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Filing 36
ENDORSED ORDER GRANTING #33 Defendant's Unopposed Emergency Motion to Strike/Remove Confidential Exhibit A [ECF NO. 31-1] and Exhibit B [ECF No. 31-2] to Defendant's Dispositive Motion to Strike and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Ruling. The Clerk shall strike and remove the unredacted Exhibits A and B from the record. (Dkts. 31-1 and 31-2) Signed by Judge Mary S. Scriven on 7/13/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 35 REPLY to Response to Motion re #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling filed by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane)[Transferred from Florida Middle on 5/6/2021.] |
| Filing 34 NOTICE by The Administrative Committee of Delta Airlines, Inc. re #33 Unopposed MOTION to Strike /Remove Confidential Exhibit A [ECF No. 31-1] and Exhibit B [ECF No. 31-2] to Defendant's Dispositive Motion to Strike and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending R (Attachments: #1 Exhibit A - Eierstock's COBRA Notice Packet (redacted), #2 Exhibit B - Joseph Ramos' COBRA Notice Packet (redacted))(Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 33 Unopposed MOTION to Strike /Remove Confidential Exhibit A [ECF No. 31-1] and Exhibit B [ECF No. 31-2] to Defendant's Dispositive Motion to Strike and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Ruling #31 by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 32
ENDORSED ORDER DENYING AS MOOT #30 Defendant the Administrative Committee of Delta Air Lines, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint, in light of Defendant's timely-filed response. (Dkt. 31) Signed by Judge Mary S. Scriven on 7/13/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 31 MOTION to Strike #21 Amended Complaint and/or Dismiss Whichever Complaint the Court Deems Operative and for Stay of Discovery Pending Rule by The Administrative Committee of Delta Airlines, Inc.. (Attachments: # 1 Exhibit A - Eierstock COBRA Notice Packet, # 2 Exhibit B - Joseph Ramos COBRA Notice, #3 Exhibit C - The Account Based Healthcare Plan, #4 Exhibit D - Amendment Four to Healthcare Plan, #5 Exhibit E - Benefits Summary Handbook)(Munoz, Shane) Modified on 7/14/2020 to strike and remove Exhibit A & B pursuant to Dkt. 36 Order. (LD). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Amended Complaint by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane) Modified event type on 7/9/2020 (CTR). [Transferred from Florida Middle on 5/6/2021.] |
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Filing 29
ENDORSED ORDER GRANTING #28 Defendant's Unopposed Motion for Leave to File Reply in Support of Motion to Transfer Venue and to Stay the Case. Defendant shall have up to and including seven (7) days from the date of this Order to file a Reply, which shall not exceed two (2) pages. Signed by Judge Mary S. Scriven on 7/7/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 28 Unopposed MOTION for Miscellaneous Relief, specifically To File Reply In Support of Motion to Transfer Venue and To Stay The Case by The Administrative Committee of Delta Airlines, Inc.. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 27 NOTICE of Appearance by Nicholas S. Andrews on behalf of The Administrative Committee of Delta Airlines, Inc. (Andrews, Nicholas) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 26 CASE MANAGEMENT REPORT. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 25
ENDORSED ORDER GRANTING #23 Plaintiff's Unopposed to Extend Deadline for Motion for Class Certification. Plaintiff shall have up to and including September 28, 2020 to file a motion seeking class certification under Rule 23. Signed by Judge Mary S. Scriven on 6/29/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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Filing 24
ENDORSED ORDER DENYING AS MOOT #18 Defendant Delta Air Lines, Inc.'s Rule 12(b)(6) Dispositive Motion to Dismiss Plaintiff's Complaint. In light of Plaintiff's having filed an Amended Complaint as a matter of course, Defendant's motion is denied as moot. Defendant shall be free to reassert any of the challenges raised therein to the extent that they remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 6/29/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 23 Unopposed MOTION for Extension of Time to File Motion for Class Certification by Anita Eierstock. (Edelman, Marc) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 22 RESPONSE in Opposition re #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling filed by Anita Eierstock. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 21 AMENDED COMPLAINT (CLASS ACTION) for Statutory Damages and Injunctive Relief against Delta Air Lines, Inc. filed by Anita Eierstock. Related document: #1 Complaint filed by Anita Eierstock. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 20
ENDORSED ORDER GRANTING #19 Unopposed Motion for Extension of Time for Plaintiff to Respond to Motion to Transfer and for Plaintiff to Respond to the Motion to Dismiss. Plaintiff shall have up to and including June 26, 2020 to respond to Defendant's Motion to Transfer and to either respond to Defendant's Motion to Dismiss or file an Amended Complaint. Signed by Judge Mary S. Scriven on 6/15/2020. (APF) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6), #17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling by Anita Eierstock. (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) by Delta Air Lines, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - Healthcare Benefits Handbook, #3 Exhibit C - Fourth Amendment)(Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 17 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) and to Stay Proceedings Pending Ruling by Delta Air Lines, Inc.. (Attachments: #1 Affidavit Declaration of Jennifer Shay)(Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 16
ORDER Concerning Civil Cases: Case Management and Scheduling Orders. Signed by Judge Mary S. Scriven on 5/19/2020. (KE) [Transferred from Florida Middle on 5/6/2021.]
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Filing 15
ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (SMS) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Delta Air Lines, Inc.. (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 13 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Delta Air Lines, Inc.. Related case(s): no (Munoz, Shane) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 12 NOTICE of Appearance by Luis A. Cabassa on behalf of Anita Eierstock (Cabassa, Luis) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 11 NOTICE of Appearance by Brandon J. Hill on behalf of Anita Eierstock (Hill, Brandon) [Transferred from Florida Middle on 5/6/2021.] |
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Filing 10
ENDORSED ORDER GRANTING #7 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall have up to and including March 24, 2020 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 3/4/2020. (MWC) [Transferred from Florida Middle on 5/6/2021.]
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Filing 9
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/18/2020. Signed by Judge Mary S. Scriven on 3/4/2020. (MR) [Transferred from Florida Middle on 5/6/2021.]
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/18/2020. Signed by Judge Mary S. Scriven on 3/4/2020. (MR) [Transferred from Florida Middle on 5/6/2021.]
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Delta Air Lines, Inc. (Munoz, Shane) Modified text on 3/3/2020 (JNB). [Transferred from Florida Middle on 5/6/2021.] |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Anita Eierstock. (Edelman, Marc) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 5 NOTICE of pendency of related cases per Local Rule 1.04(d) by Anita Eierstock. Related case(s): no (Edelman, Marc) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 4 RETURN of service executed on February 11, 2020 by Anita Eierstock as to Delta Air Lines, Inc.. (Edelman, Marc) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 3 SUMMONS issued as to Delta Air Lines, Inc. (MCB) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-269-T-35AEP. (SJB) [Transferred from Florida Middle on 5/6/2021.] |
| Filing 1 COMPLAINT against Delta Air Lines, Inc. (Filing fee $ 400 receipt number 113A-16437642) filed by Anita Eierstock. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Proposed Summons)(Edelman, Marc) [Transferred from Florida Middle on 5/6/2021.] |
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