Hofer et al v. Old Navy Inc. et al Featured Case

Plaintiff Stephanie Hofer's friend had used Expedia.com to reserve hotel accommodations at the Turtle Beach Towers resort in Jamaica. At the resort, Plaintiff allegedly fell into an ornamental turtle pond because of a defective Old Navy sandal. She was seriously injured by the protruding coral and slate in the pond. Plaintiff alleged that Defendant Expedia breached its duty to warn of the dangerous conditions at the Turtle Beach Towers. Expedia asserted that it expressly disclaimed any liability for the negligence of any carriers, hotels and other suppliers providing travel or other services for Expedia, Inc. via a click through disclaimer.

Plaintiff: Stephanie Hofer and Douglas Hofer
Defendant: Old Navy Inc., Expedia, Inc and Turtle Beach Towers
ADR Provider: Timothy S. Hillman
Case Number: 4:2005cv40170
Filed: September 27, 2005
Court: US District Court for the District of Massachusetts
Office: Worcester Office
County: Worcester
Presiding Judge: F. Dennis Saylor
Nature of Suit: P.I.: Other
Cause of Action: 28:1332 Diversity-Personal Injury
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 11, 2008 Filing 107
RESPONSE to Motion re 106 First MOTION for Clarification filed by Old Navy Inc.. (Feringa, Scott)
January 25, 2008 Filing 105
NOTICE of ADR Conference; Alternative Dispute Resolution Hearing rescheduled for 3/14/2008 10:00 AM in Courtroom 1 before Magistrate Judge Timothy S. Hillman.(Roland, Lisa)
January 9, 2008 Filing 104
NOTICE of ADR Conference; Alternative Dispute Resolution Hearing set for 2/8/2008 10:00 AM in Courtroom 1 before Magistrate Judge Timothy S. Hillman.(Roland, Lisa)
January 2, 2008 Filing 103
PRETRIAL MEMORANDUM by Stephanie Hofer, Douglas Hofer. (Minchoff, India)
December 21, 2007 Filing 102
Objection by Old Navy Inc. to Certain Exhibits as Contained In Plaintiff's Final Pretrial Conference Memorandum. (Feringa, Scott)
November 27, 2007 Filing 100
Judge F. Dennis Saylor IV: ORDER entered. PROCEDURAL ORDER re final pretrial/trial:Final Pretrial Conference set for 1/7/2008 at 3:00PM in Courtroom 2 before Judge F. Dennis Saylor IV.(Castles, Martin)
November 19, 2007 Filing 99
NOTICE issued to Attorney Stephen J. Kuzma regarding mandatory use of ECF in compliance with Local Rule 5.4. Failure to comply may result in the imposition of sanctions. (Hassett, Kathy)
November 16, 2007 Filing 98
Letter/request (non-motion) from Stephen J. Kuzma. (Hassett, Kathy)
October 1, 2007 Filing 97
Judge F. Dennis Saylor IV: AMENDED MEMORANDUM AND ORDER entered denying 62 Motion for Summary Judgment; granting 64 Motion for Summary Judgment. (Castles, Martin)
September 28, 2007 Filing 96
Judge F. Dennis Saylor IV: MEMORANDUM AND ORDER entered denying 62 Motion for Summary Judgment; granting 64 Motion for Summary Judgment. (Jones, Sherry)
May 11, 2007 Filing 94
Emergency MOTION to Continue Final Pretrial Conference by Expedia, Inc.(Gould, Rodney)
April 17, 2007 Filing 92
Emergency MOTION for Extension of Time to 4/27/07 to File Response/Reply as to 86 Opposition to Motion,,,, and Motion for Leave to File Reply Memorandum of No More Than Twenty Pages in Length by Expedia, Inc.(Gould, Rodney)
April 13, 2007 Filing 89
First MOTION for Leave to File Excess Pages to Plaintiffs' Opposition to Defendant, Expedia, Inc.'s Motion for Summary Judgment by Stephanie Hofer.(Minchoff, India)
March 20, 2007 Filing 85
REPLY to Response to Motion re 62 MOTION for Summary Judgment filed by Old Navy Inc.. (Feringa, Scott)
March 15, 2007 Filing 84
First MOTION for Leave to File Excess Pages to Plaintiffs' Memorandum of Law in Opposition to Defendant, Gap, Inc.'s Motion for Summary Judgment by Stephanie Hofer.(Minchoff, India)
March 14, 2007 Filing 80
Emergency MOTION for Reconsideration re 79 Order on Motion for Discovery by Expedia, Inc.(Gould, Rodney)
February 27, 2007 Filing 75
RESPONSE to Motion re 72 First MOTION for Extension of Time to additional 14 days to to file Plaintiffs? Opposition to Defendant, Expedia, Inc.?s Motion for Summary Judgment filed by Expedia, Inc. (Gould, Rodney)
February 16, 2007 Filing 71
MOTION for Leave to File a Memorandum of Law in Support of Motion for Summary Judgment in Excess of the Page Limits Set Forth in LR 7.1(B)(4) by Expedia, Inc.(Gould, Rodney)
December 18, 2006 Filing 60
Judge F. Dennis Saylor IV: MEMORANDUM AND ORDER entered granting 54 Motion for Contempt. (Castles, Martin)
November 30, 2006 Filing 58
NOTICE of Withdrawal of Appearance by Thomas T. Reith, III , Lawrence G. Green and Burns & Levinson LLP (Reith, Thomas)
November 7, 2006 Filing 50
REPLY to Response to Motion re 45 MOTION to Strike Plaintiffs Expert Witness Testimony filed by Old Navy Inc.. (Feringa, Scott)
November 6, 2006 Filing 49
First Opposition re 45 MOTION to Strike Plaintiffs Expert Witness Testimony, 48 MOTION to Strike Plaintiffs' Expert Witness Testimony filed by all plaintiffs. (Minchoff, India)
October 26, 2006 Filing 48
MOTION to Strike Plaintiffs' Expert Witness Testimony by Expedia, Inc.(Reith, Thomas)
October 24, 2006 Filing 47
Judge F. Dennis Saylor IV: MEMORANDUM AND ORDER entered granting in part and denying in part 40 Motion to Compel. (Castles, Martin)
October 23, 2006 Filing 46
MEMORANDUM in Support re 45 MOTION to Strike Plaintiffs Expert Witness Testimony filed by Old Navy Inc.. (Feringa, Scott)
October 17, 2006 Filing 44
Judge F. Dennis Saylor IV: ORDER entered. PROTECTIVE ORDER.(Jones, Sherry)
October 3, 2006 Filing 42
REPLY to Response to Motion re 40 MOTION to Compel Discovery filed by Old Navy Inc.. (Feringa, Scott)
August 17, 2006 Filing 39
REPLY to Response to Motion re 33 MOTION for Sanctions Defendant Expedia, Inc.'s Request for Oral Argument as to Plaintiffs' Docket Paper Number 34 filed by Expedia, Inc. (Reith, Thomas)
July 13, 2006 Filing 29
NOTICE of Change of Address by Thomas T. Reith, III (Reith, Thomas)
May 23, 2006 Filing 27
CERTIFICATE OF SERVICE by Old Navy Inc. of GAP, Inc.'s Supplemental Disclosure Pursuant to Rule 26(a)(1) of the FRCP. (Feringa, Scott)
March 8, 2006 Filing 24
CERTIFICATE OF SERVICE by Old Navy Inc. of Gap, Inc.'s First Set of Interrogatories Directed to Plaintiffs Stephanie Hofer and Douglas Hofer. (Feringa, Scott)
March 1, 2006 Filing 22
NOTICE of Appearance by Stephen J. Kuzma on behalf of Stephanie Hofer, Douglas Hofer. (Jones, Sherry)
February 15, 2006 Filing 21
Disclosure pursuant to Rule 26 by Stephanie Hofer, Douglas Hofer.(Minchoff, India)
February 14, 2006 Filing 17
Disclosure pursuant to Rule 26 by Old Navy Inc..(Feringa, Scott)
February 7, 2006 Filing 16
CERTIFICATION PURSUANT TO RULE 16.1 of Defendant, The Gap, Inc. by Sean J. Milano on behalf of Old Navy Inc. (Milano, Sean) Modified on 2/7/2006 (Hassett, Kathy).
February 3, 2006 Filing 15
Judge F. Dennis Saylor IV: ORDER entered. SCHEDULING ORDER: Final Pretrial Conference set for 3/13/2007 03:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Status Conference set for 9/8/2006 03:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. Amended Pleadings due by 3/15/2006. Discovery to be completed by 8/31/2006. Joinder of Parties due by 3/15/2006. Motions due by 1/15/2007.(Castles, Martin)
January 27, 2006 Filing 14
JOINT STATEMENT re scheduling conference of February 3, 2006. (Reith, Thomas)
January 11, 2006 Filing 11
ANSWER to Complaint by Expedia, Inc.(Reith, Thomas)
January 9, 2006 Filing 10
Assented to MOTION for Extension of Time to January 17, 2006 to file responsive pleading to complaint by Expedia, Inc.(Reith, Thomas)
January 5, 2006 Filing 9
NOTICE of Scheduling Conference: Scheduling Conference set for 2/3/2006 at 10:15AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Castles, Martin)
December 22, 2005 Filing 5
SUMMONS Returned Executed. Expedia, Inc served on 12/12/2005, answer due 1/3/2006. (Hassett, Kathy)
December 12, 2005 Filing 3
Judge F. Dennis Saylor IV: Electronic ORDER entered denying 2 Motion for Order Directing issuance of letter rogatory. (Castles, Martin)
September 27, 2005 Filing 1
COMPLAINT against Old Navy Inc., Expedia, Inc, Turtle Beach Towers Filing fee: $ 250, receipt number 404668, filed by Stephanie Hofer, Douglas Hofer.(Hassett, Kathy)
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Search for this case: Hofer et al v. Old Navy Inc. et al
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Plaintiff: Stephanie Hofer
Represented By: India L. Minchoff
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Plaintiff: Douglas Hofer
Represented By: India L. Minchoff
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Defendant: Old Navy Inc.
Represented By: Sean J. Milano
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Defendant: Expedia, Inc
Represented By: Robert C. Mueller
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Defendant: Turtle Beach Towers
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Adr provider: Timothy S. Hillman
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