Bittner v. Marriott International Inc.
Plaintiff: Michaela Bittner
Defendant: Marriott International Inc
Case Number: 8:2019cv00518
Filed: February 22, 2019
Court: US District Court for the District of Maryland
Presiding Judge: John Preston Bailey
Referring Judge: Stephanie A Gallagher
2 Judge: Paul W Grimm
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2023 Opinion or Order Filing 54 ORDER Directing the plaintiffs, collectively, and Marriott to file briefing on the effect of the class waiver provision contained in the Starwood Preferred Guest Program "Terms and Conditions" on the potential certification of a class. Signed by Judge John Preston Bailey on 9/22/2023. Associated Cases: 8:19-md-02879-JPB et al.(kns, Deputy Clerk)
September 22, 2023 Case Reassigned to Judge John Preston Bailey. Judge Stephanie A. Gallagher no longer assigned to the case. (kos, Deputy Clerk)
September 21, 2023 Opinion or Order Filing 53 ORDER REASSIGNING LITIGATION to the Honorable John Preston Bailey, sitting in the District of Maryland as a Visiting Judge. Signed by Karen K. Caldwell, Chair of the Panel on 9/21/2023. Associated Cases: 8:19-md-02879-SAG et al.(kns, Deputy Clerk)
July 11, 2023 Filing 52 Status Conference held on 7/11/2023 before Judge Stephanie A. Gallagher.(Court Reporter: Patricia Mitchell) Associated Cases: 8:19-md-02879-SAG et al.(yks, Deputy Clerk)
December 12, 2022 Case Reassigned to Judge Stephanie A. Gallagher. Judge Paul W. Grimm no longer assigned to the case. (jf3s, Deputy Clerk)
September 20, 2022 Opinion or Order Filing 51 PAPERLESS ORDER approving the joint proposed briefing schedule to resolve the Court's jurisdiction over CCPA-related discovery, ECF No. 1068; and granting Marriott's request to stay other discovery, ECF No. 1057, since Plaintiffs do not oppose the stay of all non-CCPA related discovery, see ECF Nos. 1060, 1064. Signed by Judge Paul W. Grimm on 9/20/2022. Associated Cases: 8:19-md-02879-PWG et al.(imws, Chambers)
June 16, 2022 Opinion or Order Filing 50 ORDER Revoking (1037) Order Reassigning Litigation to Judge Stephanie A. Gallagher for coordinated or consolidated pretrial proceedings. Signed by Judge Karen K. Caldwell, Chair, Panel on Multidistrict Litigation, on 6/16/2022. Associated Cases: 8:19-md-02879-SAG et al.(kns, Deputy Clerk) Modified on 6/16/2022 (kns, Deputy Clerk).
June 15, 2022 Opinion or Order Filing 49 [REVOKED - SEE 1138 ] ORDER Reassigning Litigation to Judge Stephanie A. Gallagher for coordinated or consolidated pretrial proceedings. Signed by Judge Karen K. Caldwell, Chair, Panel on Multidistrict Litigation, on 6/14/2022. Associated Cases: 8:19-md-02879-PWG et al.(jf3s, Deputy Clerk) Modified on 6/16/2022 (kns, Deputy Clerk).
May 25, 2021 Filing 48 MOTION to Withdraw as Attorney by Amanda Arnold, Edward Baker, Brad Barringer, Kiana Belcher, Kevin Berry, Susan Beverley, Douglas Blake, Michael Blicher, Carol Blood, Robert Bluestone, Tanesha Boradgiak, Michael Bunker, Brenda Burr, Yvette Butler, Shelia Canipe, Deana Cannon, Catherine Carlberg, Ruthanne Carpenter, Cheryl Castor, Michael Castor, Crystal Chambers, Kathleen Christensen, Prudence Concert-White, Curtis Cummings, Mary Ellen Davey, Christopher Davies, Dorothy Davis, Karen Davis, Kenneth Davis, Graves De Armond, Cynthia Deese, May Desrochers, Scott Dias, Sami Difuntorum, Jonathan Dodart, Julie Duchsherer, Mark Duffey, Gretchen Ehle, Vance Edward Eichelberger, Carla Engle, Barbara Erickson, Michelle Featherstone, Ronald Michael Feschak, Nathan Finney, Janice Frazier-Scott, Lisa Frederickson, Michael Freeland, Lisa Fritz, Marlon Gaines, Steve Gajewski, Laurene Gallway, Eric Gault, Betsy Gentry, Scott Gideon, John Gilliland, Jon Goldberg, Angela Gresh, Latausha Griffin, Jernard Griggs, Edward Hanley, Charles Hanson, Sheila Harrison, Danielle Hayes, Phyllis Hecker, Amber Helton, Jeri Holt-Minter, Virginia Howell, Donna Hughes, Patricia Huizar, Tamika Jackson, Kyle Jaski, Monica Johnson, Nikole Jordan, Mary Jo Jurey, Robert Kaiser, Lucy Karl, Jeffrey Kemp, Linda Kite, Joan Knudson, Sarah Korwan, Ronald Kotz, Ellen Kowitt, Maretta Leitka, Rik Lewis, Beverly Louk, Anthony Malfi, Patrice Matthews, Olivia May, Susan Mcintosh, David Melendez, Holger Meyer, Debra Michaud, Jack Milam, Judy Mills, Chalise Morris, Chris Morris, David Moyer, Susan Mullins, Dorothy Odie, Jeffrey Oelhafen, Christina Olsen, Carol Ostapchuk, Steven Owens, Asim Padh, Justin Palmer, Darrel Parris, Janlisa Parris, Curtis Payne, Lawrence Perlmutter, Jeninne Pitts, Christopher Pratt, Burnease Ragin, Jeffrey Rahn, Michael Raimondi, Karen Rambat, Michael Rapp, Kumar Rashad, Beverly Ricks, Selma Rodriguez, Ruth Patricia Rosados, Andrew Rose, Joel Rosson, Mark Rotondi, Deidrinelle Rouse, Karen Russell, Rick Sabath, Bruce Sanders, Anne Santo, Anne Savarese, Vincent Savarese, Sonja Scott, David Secrist, Shawn Seeley, Tonekia Showell, Tamika Simmonds, John Simmons, Edward Siperstein, Lee Slagle, Dale Smith, Shane Somerville, Angela Sonnier, David Sparks, Kent Spence, Jody Stephens, Rhonda Stevens, Theresa Sykes, Debra Talley, Peter Tapling, Joe Taylor, Gordon Thomas, Joseph Throneberry, Beverly Tookey, Ricardo Vaquer, Edgar Vaynshteyn, Vickie Vetter, Felicia Wallace, John Waller, Kevin Walls, Jean Waskiewicz, Curtis Weaver, Ira Weintraub, Janet Wender, Marjorie Wheeler, Doreen Whelan, Debra Whiddon, Melissa White, Charles Williams, Gerald Williams, Linda Winsey, Stacey Wollman, Dennis Wooldridge, Maria Wooten, Ronzella Wright-Loftly, Jason Young, Julie Young, Melissa Yurkanin, Shaun YurtkuranAssociated Cases: 8:19-md-02879-PWG et al.(Lai, Erica)
January 22, 2021 Opinion or Order Filing 47 LETTER ORDER adopting with modifications (704) Report and Recommendations of Special Master regarding paragraph 11 and Protective Order against subpoenas. Signed by Judge Paul W. Grimm on 1/22/2021. (ybs, Deputy Clerk)
December 2, 2020 Filing 46 NOTICE of Change of Address by Tina Wolfson Associated Cases: 8:19-md-02879-PWG et al.(Wolfson, Tina)
September 28, 2020 Filing 45 STATUS REPORT Joint Status Report by City of ChicagoAssociated Cases: 8:19-md-02879-PWG et al.(Richman, Benjamin)
August 21, 2020 Filing 44 (FILED IN ERROR) AMENDED COMPLAINT against All Defendants, filed by Edmund Alves. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Verification, #5 Verification)Associated Cases: 8:19-md-02879-PWG et al.(O Connell, Andrew) Modified on 8/25/2020 (ybs, Deputy Clerk).
March 30, 2020 Filing 43 STATUS REPORT /Joint Status Report by Construction Laborers Pension Trust for Southern CaliforniaAssociated Cases: 8:19-md-02879-PWG et al.(Villegas, Carol)
March 16, 2020 Opinion or Order Filing 42 ORDER Canceling Status Conference. Signed by Judge Paul W. Grimm on 3/16/2020. Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
February 28, 2020 Filing 41 (FILED IN ERROR) MOTION to Withdraw as Attorney by Andrea Durkee, Nathan Esquerra Associated Cases: 8:19-md-02879-PWG et al.(Johnsgard, Amy) Modified on 3/2/2020 (ybs, Deputy Clerk).
February 21, 2020 Opinion or Order Filing 40 ORDER in Consumer Actions granting in part and denying in part (450) Motion to Dismiss; granting in part and denying in part (451) Motion to Dismiss in case 8:19-md-02879-PWG. Signed by Judge Paul W. Grimm on 2/21/2020 Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
February 21, 2020 Filing 39 MEMORANDUM OPINION in Consumer Actions. Signed by Judge Paul W. Grimm on 2/21/2020 Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
September 11, 2019 Filing 38 NOTICE by Andrea Durkee, Nathan Esquerra NOTICE OF CHANGE OF FIRM AFFILIATION AND ADDRESS Associated Cases: 8:19-md-02879-PWG et al.(Travis, Ben)
August 5, 2019 Filing 37 Correspondence re: Bellwether Selection Associated Cases: 8:19-md-02879-PWG et al.(Pizzirusso, James)
July 16, 2019 Opinion or Order Filing 36 DISCOVERY ORDER Signed by Judge Paul W. Grimm on 7/16/2019. Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
July 16, 2019 Opinion or Order Filing 35 ORDER Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 7/16/2019Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
June 20, 2019 Filing 34 Joint MOTION for Extension of Time to file joint ESI Protocol by Gretchen Ehle (Attachments: #1 Text of Proposed Order)Associated Cases: 8:19-md-02879-PWG et al.(Friedman, Andrew)
June 17, 2019 Filing 33 MOTION to Remand to State Court , MOTION for Alternative Service by Yisroel MannAssociated Cases: 8:19-md-02879-PWG et al.(Schlachet, Mark)
June 14, 2019 Filing 32 NOTICE by Donna Hiteshew of Withdrawal of Eve Lynn J. Rapp from Consumer Plaintiffs' Steering Committee Associated Cases: 8:19-md-02879-PWG et al.(Rapp, Eve-Lynn)
June 7, 2019 Filing 31 NOTICE of Change of Address by Katrina Carroll Associated Cases: 8:19-md-02879-PWG et al.(Carroll, Katrina)
June 5, 2019 Opinion or Order Filing 30 STIPULATED PROTECTIVE ORDER and FRE(D) and (E) CLAWBACK ORDER. Signed by Judge Paul W. Grimm on 6/5/2019 Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
April 29, 2019 Opinion or Order Filing 29 CASE MANAGEMENT ORDER #2 Appointing Lead Counsel, Liaison Counsel and Steering Committee. Signed by Judge Paul W. Grimm on 4/29/2019. Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
April 11, 2019 Filing 28 MDL Certified Transfer Order Transferring the listed case to the District of Maryland. Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
April 10, 2019 Filing 27 NOTICE by Amanda Arnold, Edward Baker, Brad Barringer, Kiana Belcher, Kevin Berry, Susan Beverley, Douglas Blake, Michael Blicher, Carol Blood, Robert Bluestone, Tanesha Boradgiak, Michael Bunker, Brenda Burr, Yvette Butler, Shelia Canipe, Deana Cannon, Catherine Carlberg, Ruthanne Carpenter, Cheryl Castor, Michael Castor, Crystal Chambers, Kathleen Christensen, Prudence Concert-White, Curtis Cummings, Mary Ellen Davey, Christopher Davies, Dorothy Davis, Karen Davis, Kenneth Davis, Graves De Armond, Cynthia Deese, May Desrochers, Scott Dias, Sami Difuntorum, Jonathan Dodart, Julie Duchsherer, Mark Duffey, Gretchen Ehle, Vance Edward Eichelberger, Carla Engle, Barbara Erickson, Michelle Featherstone, Ronald Michael Feschak, Nathan Finney, Janice Frazier-Scott, Lisa Frederickson, Michael Freeland, Lisa Fritz, Marlon Gaines, Steve Gajewski, Laurene Gallway, Eric Gault, Betsy Gentry, Scott Gideon, John Gilliland, Jon Goldberg, Angela Gresh, Latausha Griffin, Jernard Griggs, Edward Hanley, Charles Hanson, Sheila Harrison, Danielle Hayes, Phyllis Hecker, Amber Helton, Jeri Holt-Minter, Virginia Howell, Donna Hughes, Patricia Huizar, Tamika Jackson, Kyle Jaski, Monica Johnson, Nikole Jordan, Mary Jo Jurey, Robert Kaiser, Lucy Karl, Jeffrey Kemp, Linda Kite, Joan Knudson, Sarah Korwan, Ronald Kotz, Ellen Kowitt, Maretta Leitka, Rik Lewis, Beverly Louk, Anthony Malfi, Patrice Matthews, Olivia May, Susan Mcintosh, David Melendez, Holger Meyer, Debra Michaud, Jack Milam, Judy Mills, Chalise Morris, Chris Morris, David Moyer, Susan Mullins, Dorothy Odie, Jeffrey Oelhafen, Christina Olsen, Carol Ostapchuk, Steven Owens, Asim Padh, Justin Palmer, Darrel Parris, Janlisa Parris, Curtis Payne, Lawrence Perlmutter, Jeninne Pitts, Christopher Pratt, Burnease Ragin, Jeffrey Rahn, Michael Raimondi, Karen Rambat, Michael Rapp, Kumar Rashad, Beverly Ricks, Selma Rodriguez, Ruth Patricia Rosados, Andrew Rose, Joel Rosson, Mark Rotondi, Deidrinelle Rouse, Karen Russell, Richard Ryans, Rick Sabath, Bruce Sanders, Anne Santo, Anne Savarese, Vincent Savarese, Sonja Scott, David Secrist, Shawn Seeley, Tonekia Showell, Tamika Simmonds, John Simmons, Edward Siperstein, Lee Slagle, Dale Smith, Shane Somerville, Angela Sonnier, David Sparks, Kent Spence, Jody Stephens, Rhonda Stevens, Theresa Sykes, Debra Talley, Peter Tapling, Joe Taylor, Gordon Thomas, Joseph Throneberry, Beverly Tookey, Ricardo Vaquer, Edgar Vaynshteyn, Vickie Vetter, Felicia Wallace, John Waller, Kevin Walls, Jean Waskiewicz, Curtis Weaver, Ira Weintraub, Janet Wender, Marjorie Wheeler, Doreen Whelan, Debra Whiddon, Melissa White, Charles Williams, Gerald Williams, Linda Winsey, Stacey Wollman, Dennis Wooldridge, Maria Wooten, Ronzella Wright-Loftly, Jason Young, Julie Young, Melissa Yurkanin, Shaun Yurtkuran Plaintiffs' Interim Coordinating Counsel's Proposed CMO Regarding Model Leadship Applications for the Consumer Track Associated Cases: 8:19-md-02879-PWG et al.(Pizzirusso, James)
April 9, 2019 Filing 26 NOTICE of Appearance by Lance Harke on behalf of Michaela Bittner (Harke, Lance)
March 19, 2019 Filing 25 MDL Certified Transfer ORDER No. 4 transferring the listed case to the District of Maryland. Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
March 8, 2019 Filing 24 NOTICE of Appearance by Helen Zeldes on behalf of Andrea Durkee, Nathan Esquerra Associated Cases: 8:19-md-02879-PWG et al.(Zeldes, Helen)
March 1, 2019 Filing 23 NOTICE of Appearance by Ben Travis on behalf of Andrea Durkee, Nathan Esquerra Associated Cases: 8:19-md-02879-PWG et al.(Travis, Ben)
March 1, 2019 Filing 22 NOTICE of Appearance by Amy C Johnsgard on behalf of Andrea Durkee, Nathan Esquerra Associated Cases: 8:19-md-02879-PWG et al.(Johnsgard, Amy)
March 1, 2019 Filing 21 MDL Certified Transfer ORDER No. 3 Transferring the attached case to the District of Maryland Associated Cases: 8:19-md-02879-PWG et al.(cags, Deputy Clerk)
February 25, 2019 Filing 20 Correspondence from Clerk to counsel re: transfer of MDL case. (heps, Deputy Clerk)(c/e-m 2/25/19 with ECF 3 in PWG 19-md-2879 (Order)) (Additional attachment(s) added on 2/25/2019: #1 CORRECTED Main Document) (heps, Deputy Clerk).
February 22, 2019 Filing 19 Case transferred in from District of Florida Southern; Case Number 1:18-cv-25243. Original file certified copy of transfer order and docket sheet received. Modified on 2/25/2019 (heps, Deputy Clerk).
February 22, 2019 Filing 18 CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the District of Maryland re: MDL 2879 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Paul W. Grimm. (Signed by Jeffery N. Luthi, Clerk of the Panel). (vjk)
February 20, 2019 Filing 17 Courtesy Copy of CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the District of Maryland re: MDL 2879 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Paul W. Grimm. (Signed by Jeffery N. Luthi, Clerk of the Panel). (Awaiting certified copy from the transferee court). (mc)
February 8, 2019 Filing 16 STATUS REPORT (Joint) by Marriott International Inc. (Shaughnessy, Kevin)
January 4, 2019 Opinion or Order Filing 15 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Stay Proceedings Pending Transfer By the Judicial Panel on Multidistrict Litigation. #14 . Therein, Defendant notifies the Court that the Complaint #1 in the above-styled cause concerns an incident that has been the subject of sixty (60) other complaints against Defendant filed in courts across the United States. On December 3, 2018, prior to the filing of the Complaint, a plaintiff in another action moved the Judicial Panel on Multidistrict Litigation ("JPML") to transfer and consolidate all actions relating to the above-mentioned incident pursuant to 28 U.S.C. 1407. Federal district courts have the inherent authority to stay proceedings for the sake of advancing judicial economy and efficiency. J.D. Pharm. Distributors, Inc. v. Save-On Drugs & Cosmetics Corp., 893 F.2d 1201, 1209 (11th Cir. 1990). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, Defendant's Unopposed Motion to Stay Proceedings Pending Transfer By the Judicial Panel on Multidistrict Litigation #14 is hereby GRANTED. Proceedings in this case are STAYED pending a determination by the JPML as to whether this case should be transferred or consolidated with other pending matters. Defendants shall file with the Court a report as to the status of the JPML proceedings upon any significant event related to this issue, and in any event shall file a status report no later than February 8, 2019. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case until this stay is lifted by the Court. Signed by Chief Judge K. Michael Moore on 1/4/2019. (osk)
January 4, 2019 Filing 14 Unopposed MOTION for entry of Stipulated Order Suspending Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation by Marriott International Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Shaughnessy, Kevin)
January 4, 2019 Civil Case Terminated. Closing Case. (osk)
December 20, 2018 Opinion or Order Filing 13 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Lisa M. Ghannoum may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to lghannoum@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
December 20, 2018 Opinion or Order Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Gilbert S. Keteltas may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to gketeltas@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
December 20, 2018 Opinion or Order Filing 11 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Daniel R. Warren may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to dwarren@bakerlaw.com. Signed by Chief Judge K. Michael Moore on 12/20/2018. (osk)
December 20, 2018 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa M. Ghannoum. Filing Fee $ 75.00 Receipt # 113C-11260058 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Exhibit A - Certification of Lisa M. Ghannoum, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin)
December 20, 2018 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gilbert S. Keteltas. Filing Fee $ 75.00 Receipt # 113C-11260028 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Errata A - Certification of Gilbert S. Keteltas, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin)
December 20, 2018 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel R. Warren. Filing Fee $ 75.00 Receipt # 113C-11259980 by Marriott International Inc.. Responses due by 1/3/2019 (Attachments: #1 Exhibit A - Certification of Daniel R. Warren, #2 Exhibit B - proposed Order)(Shaughnessy, Kevin)
December 20, 2018 Filing 7 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Marriott International Inc. (Shaughnessy, Kevin)
December 20, 2018 Filing 6 NOTICE of Attorney Appearance by Kevin William Shaughnessy on behalf of Marriott International Inc.. Attorney Kevin William Shaughnessy added to party Marriott International Inc.(pty:dft). (Shaughnessy, Kevin)
December 14, 2018 Opinion or Order Filing 5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton 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 Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 12/14/2018. (osk)
December 14, 2018 Opinion or Order Filing 4 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three 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 Chief Judge K. Michael Moore on 12/14/2018. (osk)
December 13, 2018 Filing 3 Summons Issued as to Marriott International Inc.. (ebz)
December 13, 2018 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz)
December 13, 2018 Filing 1 COMPLAINT against Marriott International Inc.. Filing fees $ 400.00 receipt number 113C-11240616, filed by Michaela Bittner. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Harke, Lance)

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Plaintiff: Michaela Bittner
Represented By: Lance Harke
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Defendant: Marriott International Inc
Represented By: Lisa M Ghannoum
Represented By: Daniel R Warren
Represented By: Gilbert S Keteltas
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