Hofer et al v. Old Navy Inc. et al
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.
| Stephanie Hofer and Douglas Hofer |
| Old Navy Inc., Expedia, Inc and Turtle Beach Towers |
| Timothy S. Hillman |
| 4:2005cv40170 |
| September 27, 2005 |
| US District Court for the District of Massachusetts |
| Worcester Office |
| Worcester |
| F. Dennis Saylor |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
107
RESPONSE to Motion re 106 First MOTION for Clarification filed by Old Navy Inc.. (Feringa, Scott)
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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)
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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)
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Filing
103
PRETRIAL MEMORANDUM by Stephanie Hofer, Douglas Hofer. (Minchoff, India)
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Filing
102
Objection by Old Navy Inc. to Certain Exhibits as Contained In Plaintiff's Final Pretrial Conference Memorandum. (Feringa, Scott)
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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)
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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)
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Filing
98
Letter/request (non-motion) from Stephen J. Kuzma. (Hassett, Kathy)
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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)
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Filing
94
Emergency MOTION to Continue Final Pretrial Conference by Expedia, Inc.(Gould, Rodney)
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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)
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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)
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Filing
85
REPLY to Response to Motion re 62 MOTION for Summary Judgment filed by Old Navy Inc.. (Feringa, Scott)
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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)
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Filing
80
Emergency MOTION for Reconsideration re 79 Order on Motion for Discovery by Expedia, Inc.(Gould, Rodney)
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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)
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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)
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Filing
60
Judge F. Dennis Saylor IV: MEMORANDUM AND ORDER entered granting 54 Motion for Contempt. (Castles, Martin)
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Filing
58
NOTICE of Withdrawal of Appearance by Thomas T. Reith, III , Lawrence G. Green and Burns & Levinson LLP (Reith, Thomas)
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Filing
50
REPLY to Response to Motion re 45 MOTION to Strike Plaintiffs Expert Witness Testimony filed by Old Navy Inc.. (Feringa, Scott)
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Filing
48
MOTION to Strike Plaintiffs' Expert Witness Testimony by Expedia, Inc.(Reith, Thomas)
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Filing
47
Judge F. Dennis Saylor IV: MEMORANDUM AND ORDER entered granting in part and denying in part 40 Motion to Compel. (Castles, Martin)
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Filing
46
MEMORANDUM in Support re 45 MOTION to Strike Plaintiffs Expert Witness Testimony filed by Old Navy Inc.. (Feringa, Scott)
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Filing
44
Judge F. Dennis Saylor IV: ORDER entered. PROTECTIVE ORDER.(Jones, Sherry)
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Filing
42
REPLY to Response to Motion re 40 MOTION to Compel Discovery filed by Old Navy Inc.. (Feringa, Scott)
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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)
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Filing
29
NOTICE of Change of Address by Thomas T. Reith, III (Reith, Thomas)
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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)
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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)
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Filing
22
NOTICE of Appearance by Stephen J. Kuzma on behalf of Stephanie Hofer, Douglas Hofer. (Jones, Sherry)
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Filing
21
Disclosure pursuant to Rule 26 by Stephanie Hofer, Douglas Hofer.(Minchoff, India)
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Filing
17
Disclosure pursuant to Rule 26 by Old Navy Inc..(Feringa, Scott)
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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).
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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)
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Filing
14
JOINT STATEMENT re scheduling conference of February 3, 2006. (Reith, Thomas)
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Filing
11
ANSWER to Complaint by Expedia, Inc.(Reith, Thomas)
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Filing
10
Assented to MOTION for Extension of Time to January 17, 2006 to file responsive pleading to complaint by Expedia, Inc.(Reith, Thomas)
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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)
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Filing
5
SUMMONS Returned Executed. Expedia, Inc served on 12/12/2005, answer due 1/3/2006. (Hassett, Kathy)
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Filing
3
Judge F. Dennis Saylor IV: Electronic ORDER entered denying 2 Motion for Order Directing issuance of letter rogatory. (Castles, Martin)
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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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