Short v. Sierra Nevada Corporation et al
| Audra Short and Kristina Martinez as Personal Representative of the Wrongful Death Estate of Christopher Carey Short, deceased |
| Sierra Nevada Corporation, Embraer S.A., Embraer Aircraft Holding, Inc., EMBRAER AIRCRAFT CUSTOMER SERVICES, LLC and Embraer Defense & Security, Inc. |
| 1:2021cv00959 |
| September 30, 2021 |
| US District Court for the District of New Mexico |
| James O Browning |
| Laura Fashing |
| Kirtan Khalsa |
| Margaret I Strickland |
| Martha Vazquez |
| Airplane Product Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 151 NOTICE of Appearance by Amy Elizabeth Headrick on behalf of Sierra Nevada Corporation (Headrick, Amy) |
| Filing 150 CERTIFICATE OF SERVICE by Audra Short, Kristina Martinez as Personal Representative of the Wrongful Death Estate of Christopher Carey Short, deceased Objections and Responses to Discovery (Mahoney, Kevin) Modified text on 8/8/2022 (bap). |
| Filing 149 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning and United States Magistrate Judge Laura Fashing as the trial and pretrial judges. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States District Judge Margaret I. Strickland, United States Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) |
Filing 148
ORDER by District Judge James O. Browning granting Plaintiffs' Unopposed Motion to Consolidate this case with CV-21-0570 JB-LF Please docket everything from this point on in the Lead Case CV-21-0570 (bap)
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| Filing 147 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. District Judge Martha Vazquez no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (gr) |
| Filing 146 Mail Returned as Undeliverable re #142 Order. Mail sent to Robert F. Spohrer. (gr) |
| Filing 145 Mail Returned as Undeliverable re 134 Notice of Removed Rule 73 Document Entries. Mail sent to Robert F. Spohrer. (gr) |
| Filing 144 Affirmative Defenses and ANSWER to Complaint (Notice of Removal) and Jury Demand by Embraer S.A.. (Rodriguez, Justin) |
| Filing 143 Mail Returned as Undeliverable re 133 Notice of Judge Reassignment. Mail sent to Robert F. Spohrer. Address updated pursuant to #38 Motion. Added email address for Mr. Spohrer. (gr) |
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Filing 142
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Plaintiff shall file a notice in this action within 3 days of entry of an order, if any, denying the Motion to Consolidate in Martinez v. Embraer S.A., Civ. No. 21-570 JB/LF. (kmt)
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| Filing 141 NOTICE by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. re 138 Association of Attorney Licensed Outside the District,, of Appearance and Certificate of Good Standing (Rodriguez, Justin) |
| Filing 140 NOTICE by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. re 137 Association of Attorney Licensed Outside the District,, of Appearance and Certificate of Good Standing (Rodriguez, Justin) |
| Filing 139 NOTICE by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. re 136 Association of Attorney Licensed Outside the District,, of Appearance and Certificate of Good Standing (Rodriguez, Justin) |
| Filing 138 ASSOCIATION of Attorney Licensed Outside the District for Defendants Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. by Justin D Rodriguez on behalf of: Eli Gould Burton Condon & Forsyth LLP 7 Times Square, 18th FloorNew York, New York 10036 (212) 490-9100 Fax (212) 370-4453 eburton@condonlaw.com (Association Dues - Online Payment) (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 137 ASSOCIATION of Attorney Licensed Outside the District for Defendants Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. by Justin D Rodriguez on behalf of: Mary Dow Condon & Forsyth LLP 7 Times Square, 18th FloorNew York, New York 10036 (212) 490-9100 Fax (212) 370-4453 mdow@condonlaw.com (Association Dues - Online Payment) (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 136 ASSOCIATION of Attorney Licensed Outside the District for Defendants Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. by Justin D Rodriguez on behalf of: John Maggio Condon & Forsyth LLP 701 Brickell Avenue, Suite 1550Miami, Florida 33131 (305) 492-7303 Fax (212) 370-4453 jmaggio@condonlaw.com (Association Dues - Online Payment) (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 135 NOTICE of Appearance by William Angelley on behalf of Audra Short (Angelley, William) |
| Association Dues Received: $ 100 receipt number ANMDC-7925326 re: # 136 Association of Attorney Licensed Outside the District,, filed by Embraer Defense & Security, Inc., Embraer S.A., Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc. (Payment made via Pay.gov)(Rodriguez, Justin) |
| Association Dues Received: $ 100 receipt number ANMDC-7925337 re: # 137 Association of Attorney Licensed Outside the District,, filed by Embraer Defense & Security, Inc., Embraer S.A., Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc. (Payment made via Pay.gov)(Rodriguez, Justin) |
| Association Dues Received: $ 100 receipt number ANMDC-7925347 re: # 138 Association of Attorney Licensed Outside the District,, filed by Embraer Defense & Security, Inc., Embraer S.A., Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc. (Payment made via Pay.gov)(Rodriguez, Justin) |
| Filing 134 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 132. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl) |
| Filing 132 REFUSAL TO CONSENT to Proceed before a U.S. Magistrate Judge (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 131 NOTICE of Appearance by Justin D Rodriguez on behalf of EMBRAER AIRCRAFT CUSTOMER SERVICES, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A. (Rodriguez, Justin) |
| Filing 130 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) |
| Filing 129 Case transferred in from District of Florida Southern; Case Number 0:20-cv-61473. Original file certified copy of transfer order and docket sheet received. |
| United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kirtan Khalsa assigned. (dr) |
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Filing 128
ORDER TRANSFERING VENUE PURSUANT TO 28 U.S.C. 1404(a); granting #102 MOTION to Change Venue Pursuant to 28 USC 1404. Signed by Judge William P. Dimitrouleas on 9/29/2021. See attached document for full details. (jas) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 127 STIPULATION / Stipulated Protective Order [Request to be So Ordered] by Sierra Nevada Corporation (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 126 MOTION for Extension of Time to complete jurisdictional discovery by Audra Short. Responses due by 10/12/2021 (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 125
ORDER granting in part and denying in part #112 the Plaintiff Audra Short's Motion to Compel Jurisdictional Discovery. The Parties are advised that compliance with this Order shall be due no later than September 27, 2021, at noon, or at a time mutually agreed upon by the parties. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 9/24/2021. (qhq) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 124 CERTIFICATE OF SERVICE/Notice of Subpoena And Deposition by Audra Short (Maynard, Keith) Modified text on 9/24/2021 (kpe). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 123 REPLY in Support re #112 MOTION to Compel Discovery MOTION for Extension of Time to Complete Jurisdictional Discovery and Request for Telephonic Conference filed by Audra Short. (Attachments: #1 Exhibit Exhibit J)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 122 RESPONSE in Opposition re #112 MOTION to Compel Discovery MOTION for Extension of Time to Complete Jurisdictional Discovery and Request for Telephonic Conference filed by Embraer S.A.. Replies due by 9/28/2021. (Attachments: #1 Affidavit Affidavit of Thomas Alberi)(Burton, Eli) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 121
PAPERLESS ORDER correcting ECF No. 116. If the parties are unable to resolve the pending Motion to Compel, ECF No. 112, the Response will be due as previously Ordered by September 21, 2021, at noon and the Reply will be due Wednesday, September 22, 2021 by 3:00 p.m. The Court mistakenly indicated September 23, 2021, in its prior Order. Signed by Magistrate Judge Lurana S. Snow on 9/17/2021. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 120
PAPERLESS ORDER denying #113 Defendant Embraer S.A.'s Motion for Protective Order. While the Court notes that Plaintiff indicated that the parties agreed that Defendant's Motion was moot in light of the extension of the discovery cut off for jurisdictional discovery, ECF No. 118, Defendant's response does not include this representation, ECF No. 119. Accordingly, the Court, having reviewed the Motion on the merits, denies the requested relief. The depositions shall go forward on September 20, 2021, unless a different date can be mutually agreed to by counsel. Signed by Magistrate Judge Lurana S. Snow on 9/17/2021. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 119 REPLY to Response to Motion re #113 MOTION for Protective Order filed by Embraer S.A.. (Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 118 RESPONSE to Motion re #113 MOTION for Protective Order filed by Audra Short. Replies due by 9/24/2021. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 117
PAPERLESS ORDER granting in part #112 Motion for Extension of Time to Complete Jurisdictional Discovery. The parties shall have up to and including September 30, 2021 to complete jurisdictional discovery. Signed by Judge William P. Dimitrouleas on 9/17/2021. (rs00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 116
PAPERLESS ORDER requiring expedited briefing on Motion to Compel Discovery, ECF No. 112. A Response not to exceed 5 pages will be due September 21, 2021, by noon and the Reply, not to exceed 3 pages will be due Wednesday, September 23, 2021, by 3:00 p.m. if the parties are unable to resolve by conferral by phone, in person or by Zoom any or all of the issues contained therein. Conferral shall occur on September 17, 2021, by noon, in light of the impending jurisdictional discovery deadline. Signed by Magistrate Judge Lurana S. Snow on 9/17/2021. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 115
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING IN LIGHT OF Depositions scheduled for September 20, 2021. Defendant argues that September 13, 2021 Notices of Depositions to occur on September 20, 2021, the last day of the deadline for jurisdictional discovery, should be quashed even though the Court compressed the time frame allowed for jurisdictional discovery. The parties shall either confer by phone, in person or by zoom to agree on another date by 9/17/21, by noon, or a Response shall be filed to the Motion for Protective Order not to exceed 5 pages by 1:00 p.m. and a Reply shall be filed by 3:00 p.m. on 9/17/21, not to exceed 3 pages. In the interim, the parties should be proceeding to prepare and identify witnesses to go forward should that be the decision of the Court. Signed by Magistrate Judge Lurana S. Snow on 9/17/2021. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 114
PAPERLESS ORDER granting #111 Unopposed Motion to Seal Exhibits E and F to Plaintiff's Motion to Compel at ECF No 112. Plaintiff shall file those exhibits under seal by 9/17/21, no later than 5:00 p.m. Signed by Magistrate Judge Lurana S. Snow on 9/17/2021. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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| Set Deadlines per DE 116 Order as to #112 MOTION. Responses due by 9/21/2021. Replies due by 9/23/2021. (kpe) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 113 MOTION for Protective Order by Embraer S.A.. (Attachments: #1 Affidavit Jane M. Sigda Declaration in Support of Embraer's Motion for a Protective Order, #2 Exhibit A to Jane M. Sigda Declaration - Plaintiff's Notice of Remote Video Deposition -Rule 30(b)(6) witness, #3 Exhibit B of Jane M. Sigda Declaration - Plaintiff's Notice of Remote Video Deposition - Fabiana Klajner Leschziner)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 112 MOTION to Compel Discovery ( Responses due by 9/30/2021), MOTION for Extension of Time to Complete Jurisdictional Discovery and Request for Telephonic Conference by Audra Short. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 111 Unopposed MOTION to Seal per Local Rule 5.4 by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 110 REPLY to Response to Motion re #102 MOTION to Change Venue Pursuant to 28 USC 1404 filed by Sierra Nevada Corporation. (Attachments: #1 Exhibit A - Excerpt from Air Force Accident Investigation Report, #2 Exhibit B - Martin Baker Email, #3 Exhibit C - Excerpts from Transcript of Maas Deposition, #4 Exhibit D - Excerpt from Transcript of Stephens Deposition)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 109 RESPONSE to Plaintiff's Notice of Filing of Supplemental Exhibit in Opposition to Motion to Transfer Pursuant to 28 U.S.C. 1404 by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A.. (Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 108 SUPPLEMENT to #107 Response in Opposition to Motion, by Audra Short (Attachments: #1 Exhibit H, #2 Exhibit I)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 107 RESPONSE in Opposition re #102 MOTION to Change Venue Pursuant to 28 USC 1404 filed by Audra Short. Replies due by 9/14/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 106 RESPONSE in Support re #102 MOTION to Change Venue Pursuant to 28 USC 1404 filed by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc., Embraer S.A.. (Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 105
ORDER On Motion For Clarification And Request For Telephonic Conference. Order denying #104 Motion for Clarification And Request For Telephonic Conference. Signed by Judge William P. Dimitrouleas on 9/7/2021. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 104 MOTION for clarification of Order Granting Jurisdictional Discovery [DE 101] by Audra Short. Responses due by 9/16/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 103 NOTICE by Sierra Nevada Corporation re #102 MOTION to Change Venue Pursuant to 28 USC 1404 / Notice of Filing Amended Exhibit B to DE 102 (Attachments: #1 Amended Exhibit B to DE 102 - New Mexico Federal Court Complaint) (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 102 MOTION to Change Venue Pursuant to 28 USC 1404 by Sierra Nevada Corporation. Responses due by 9/7/2021 (Attachments: #1 Exhibit A - New Mexico State Court Complaint, #2 Exhibit B - New Mexico Federal Court Complaint, #3 Exhibit C - SNC's Proposed Stipulation)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 101
ORDER granting in part #97 Motion for Extension of Time to File Response to #96 Motion to Dismiss for Lack of Jurisdiction. Responses due by 10/4/2021. Signed by Judge William P. Dimitrouleas on 8/9/2021. See attached document for full details. (jas) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 100 RESPONSE in Support re #97 MOTION for Extension of Time to File Response/Reply/Answer as to #96 MOTION to Dismiss for Lack of Jurisdiction #95 Order on Motion for Extension of Time to File Response/Reply/Answer, and Motion to Conduct Jurisdictional Discovery filed by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 99 RESPONSE in Opposition re #97 MOTION for Extension of Time to File Response/Reply/Answer as to #96 MOTION to Dismiss for Lack of Jurisdiction #95 Order on Motion for Extension of Time to File Response/Reply/Answer, and Motion to Conduct Jurisdictional Discovery filed by Embraer S.A.. Replies due by 8/5/2021. (Attachments: #1 Affidavit Maggio Affirmation in Opposition to Plaintiff's Motion to Conduct Jurisdictional Discovery, #2 Exhibit 1 of Maggio Affirmation - Transcript of Keith Vierela)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 98
ORDER REQUIRING EXPEDITED RESPONSE: re #96 MOTION to Dismiss for Lack of Jurisdiction (Responses due by 8/11/2021); re #97 MOTION for Extension of Time (Responses due by 7/29/202). Signed by Judge William P. Dimitrouleas on 7/26/2021. See attached document for full details. (jas) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 97 MOTION for Extension of Time to File Response/Reply/Answer as to #96 MOTION to Dismiss for Lack of Jurisdiction #95 Order on Motion for Extension of Time to File Response/Reply/Answer, and Motion to Conduct Jurisdictional Discovery by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 96 MOTION to Dismiss for Lack of Jurisdiction #95 Order on Motion for Extension of Time to File Response/Reply/Answer, by Embraer S.A.. Responses due by 7/28/2021 (Attachments: #1 Affidavit - Declaration of Fabiana Klajner Leschziner in Support of Motion to Dismiss, #2 Exhibit A to Leschziner Decl - Cooperation Agreemeent with Amendments, #3 Exhibit B to Leschziner Decl - Marketing Agreement, #4 Affidavit - Affirmation of Jane Sigda in Support of Motion to Dismiss, #5 Exhibit 1 to Sigda Aff - Deposition Transcript of John Kasen, #6 Exhibit 2 to Sigda Aff - Deposition Transcript of Brian Maas)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 95
ORDER on Motion for Extension of Time. Order granting #94 Unopposed Motion for Extension of Time to Respond to the Complaint. Embraer S.A. Answer due 7/14/2021. Signed by Judge William P. Dimitrouleas on 6/22/2021. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 94 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Embraer S.A.. Attorney Eli Gould Burton added to party Embraer S.A.(pty:dft). (Attachments: #1 Exhibit Agreed Stipulation for Extension of Time)(Burton, Eli) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 93 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Sierra Nevada Corporation. (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 92 NOTICE of Filing Return of Service by Audra Short re #88 Order on Motion to Quash, Order on Motion to Vacate (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Maynard, Keith) Modified docket text on 6/8/2021 (nc). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 91 Summons Issued as to Embraer S.A.. (Attachments: #1 Summon(s))(ail) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 90 NOTICE of Filing Proposed Summons(es) by Audra Short (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 89 NOTICE of Filing Proposed Summons(es) by Audra Short (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 88
ORDER Granting #70 Motion To Vacate Entry Of Default; Quashing Service Of Process; Authorizing Alternative Service Of Process. Signed by Judge William P. Dimitrouleas on 5/26/2021. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/30/2021.]
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Filing 87
PAPERLESS ORDER granting #85 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendant Sierra Nevada Corporation shall file its answer on or before June 9, 2021. See [DE 86]. Signed by Judge William P. Dimitrouleas on 5/26/2021. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 86
ORDER On Notice To Withdraw Motion To Dismiss. Order denying #20 Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction. (Sierra Nevada Corporation response due 6/9/2021.) Signed by Judge William P. Dimitrouleas on 5/25/2021. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 85 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #84 Notice of Withdrawal of Motion TO ANSWER PLAINTIFF'S COMPLAINT by Sierra Nevada Corporation. (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 84 NOTICE OF WITHDRAWAL OF MOTION by Sierra Nevada Corporation AND SUPPORTING MEMORANDUM OF LAW TO DISMISS PLAINTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION (DE20) (Attachments: #1 Exhibit A, #2 Exhibit B) (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 83
ORDER Extending Time To Conduct Jurisdictional Discovery. Order granting #82 Motion for Ten-Day Extension. Responses due by 5/21/2021 Replies due by 5/28/2021. Signed by Judge William P. Dimitrouleas on 4/22/2021. See attached document for full details. (kpe) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 82 Unopposed MOTION for Extension of Time for Ten-Day Extension of Deadlines Set Forth in Order on Objections to Magistrate Judge Snow's Order on Motion to Compel (DE 81) re #81 Order Striking,,,,, Terminate Motions,,,,, Set/Reset Motion/R&R Deadlines and Hearings,,,, by Sierra Nevada Corporation. Responses due by 5/3/2021 (Attachments: #1 Exhibit A - Deposition Notices to SNC, #2 Exhibit B - Amended Deposition Notices to SNC, #3 Exhibit C - Deposition Notices to EDSI, #4 Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 81
ORDER ON OBJECTIONS TO MAGISTRATE JUDGE SNOW'S ORDER ON MOTION TO COMPEL. Plaintiff's Objections DE#53 are hereby OVERRULED. Defendant Sierra Nevada Corporation's Objections and Appeal DE#54 are hereby OVERRULED. Defendant SNC shall comply with Judge Snow's November 17, 2020 Order DE#42 by Tuesday, April 13, 2021 at 5:00 p.m. Plaintiff's Motion to Extend Jurisdictional Discovery DE#48 and Supplemental Motion for Extension of Time DE#59 are GRANTED in part in accordance with this Order. Jurisdictional discovery in this matter is extended to April 27, 2021. Plaintiff's Response in Opposition DE#63 and Defendant's Reply in Support DE#68 of Defendant SNC's Motion to Dismiss DE#20 are hereby STRICKEN. Plaintiff shall file its response to the Motion to Dismiss DE#20 on or before May 11, 2021. Defendants shall file any reply in support of their Motion to Dismiss DE#20 on or before May 18, 2021.(Responses due by 5/11/2021, Replies due by 5/18/2021) Signed by Judge William P. Dimitrouleas on 3/23/2021. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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Filing 80
ORDER ON MOTIONS FOR RECONSIDERATION OR CERTIFICATION FOR INTERLOCUTORY APPEAL. The Motion for Reconsideration DE#77 is DENIED. Defendants Alternative Motion for Certification for Interlocutory Appeal DE#77 -1 is DENIED. Signed by Judge William P. Dimitrouleas on 3/22/2021. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 79 RESPONSE in Support re #77 Plaintiff's MOTION for Reconsideration re #74 Order on Motion to Amend/Correct,, Order on Motion for Miscellaneous Relief,, Order on Motion to Remand, or Motion to Certify Order for Appeal filed by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 78 RESPONSE in Opposition re #77 Plaintiff's MOTION for Reconsideration re #74 Order on Motion to Amend/Correct,, Order on Motion for Miscellaneous Relief,, Order on Motion to Remand, or Motion to Certify Order for Appeal filed by Sierra Nevada Corporation. Replies due by 3/9/2021. (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 77 Plaintiff's MOTION for Reconsideration re #74 Order on Motion to Amend/Correct,, Order on Motion for Miscellaneous Relief,, Order on Motion to Remand, or Motion to Certify Order for Appeal by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 76 Summons Issued as to Embraer S.A. (mc) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 75 NOTICE of Filing Proposed Summons(es) by Audra Short (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 74
ORDER denying as moot 28 Motion to Amend/Correct ; Denying as moot 28 Motion to Amend or Supplement Notice of Removal; Denying #19 Motion to Remand. Signed by Judge William P. Dimitrouleas on 1/19/2021. See attached document for full details. (lk) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 73 NOTICE by Embraer S.A. re #72 Reply to Response to Motion, of Errata (Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 72 REPLY to Response to Motion re #70 MOTION to Quash Service MOTION to Vacate Clerk's Entry of Default filed by Embraer S.A.. (Attachments: #1 Text of Proposed Order Granting Defendant Embraer S.A.' s Motion to Quash Service, Vacate Clerk's Default Entry and Denying Plaintiff's Cx-Motion to Perform Alternate Service)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 71 RESPONSE in Opposition re #70 MOTION to Quash Service MOTION to Vacate Clerk's Entry of Default filed by Audra Short. Replies due by 1/13/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 70 MOTION to Quash Service, MOTION to Vacate Clerk's Entry of Default ( Responses due by 1/6/2021) by Embraer S.A.. Attorney John Maggio added to party Embraer S.A.(pty:dft). (Attachments: #1 Affidavit Declaration of Jane M. Sigda in Support of Motion to Quash Service and to Vacate the Clerk's Entry of Default, #2 Exhibit 1 - Email Exchange of June 2018, #3 Affidavit Declaration of Fabiana Klajner Leschziner in Support of Motion, #4 Exhibit 1 - Second Amended and Restated Depository Agreement, #5 Exhibit 2 - Registered Agent Agreement, #6 Affidavit of National Registered Agents, Inc., #7 Exhibit 1 - NRAI Contract, #8 Exhibit 2 - NRAI Rejection Letter, #9 Memorandum in Support of Motion to Quash and to Vacate the Clerk's Entry of Default)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 68 STRICKEN REPLY to Response to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), / Defendant Sierra Nevada Corporation's Motion and Supporting Memorandum of Law to Dismiss Plaintiff's Complaint filed by Sierra Nevada Corporation. (Attachments: #1 Exhibit A - Declaration of Brian Maas, #2 Exhibit B - SNC-PJ 3621, #3 Exhibit C - SNC-PJ 5953-54)(Rubin, Amy) Modified per DE#81 Order on 3/24/2021 (ebz). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 67 CLERK'S Paperless Notice of Issuance re #66 Order on Motion for Clerks Entry of Default. Upon further review, the Clerk located the Return of Service as attachment [1-4] SEE #1 Notice of Removal (State Court Complaint). (ail) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 66 VACATED ORDER by Clerk of Entry of Default re #55 Motion for Clerks Entry of Default as to Embraer S.A.. Signed by DEPUTY CLERK on 12/21/2020. See attached document for full details. (ail) Modified text on 5/26/2021 per DE #88 Order (kpe). [Transferred from Florida Southern on 9/30/2021.] |
| SYSTEM ENTRY - Docket Entry 69 [misc] restricted/sealed until further notice. (1498639) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 65
ORDER granting #62 Motion to Seal. Signed by Judge William P. Dimitrouleas on 12/17/2020. See attached document for full details. (dj) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 64 Plaintiff's Opposition to SNC's Objections to Order on Motion to Compel by Audra Short. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 63 STRICKEN RESPONSE in Opposition re #20 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), / Defendant Sierra Nevada Corporation's Motion and Supporting Memorandum of Law to Dismiss Plaintiff's Complaint filed by Audra Short. Replies due by 12/21/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Maynard, Keith) Modified per DE#81 Order on 3/24/2021 (ebz). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 62 Consent MOTION to Seal Exhibits to Plaintiffs' Response to SNC's Motion to Dismiss per Local Rule 5.4 by Audra Short. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to File Under Seal) (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 61 RESPONSE in Opposition re #48 MOTION for Extension of Time To complete jurisdictional discovery and to respond to defendant SNC's Motion To Dismiss For Lack Of Personal Jurisdiction re #20 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State C, #59 Supplemental MOTION for Extension of Time TO COMPLETE JURISDICTIONAL DISCOVERY AND TO RESPOND TO DEFENDANT SNCS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (45 days and 75 days from pending order on DE 42) filed by Sierra Nevada Corporation. Replies due by 12/11/2020. (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 60 RESPONSE to #53 Response/Reply (Other), SNC's Response to Plaintiff's Partial Objections to November 17, 2020 Order by Sierra Nevada Corporation. (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 59 Supplemental MOTION for Extension of Time TO COMPLETE JURISDICTIONAL DISCOVERY AND TO RESPOND TO DEFENDANT SNCS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (45 days and 75 days from pending order on DE 42) by Audra Short. Responses due by 12/17/2020 (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 58 Clerks Non-Entry of Default as to Audra Short. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 12/3/2020. (jas) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 57
ORDER REQUIRING EXPEDITED RESPONSE re #48 MOTION for Extension of Time To complete jurisdictional discovery and to respond to defendant SNC's Motion To Dismiss For Lack Of Personal Jurisdiction .( Responses due by 12/4/2020) Signed by Judge William P. Dimitrouleas on 12/2/2020. See attached document for full details. (ail) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 56 RESPONSE TO ORDER TO SHOW CAUSE by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 55 MOTION for Clerks Entry of Default as to Embraer S.A. by Audra Short. (Attachments: #1 Affidavit and Supporting Docs)(Maynard, Keith) Reactivated on 12/21/2020 (ail). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 54 OBJECTION of Magistrate Judge 47 Order on Motion for Clarification,,,,,, Order on Motion for Reconsideration,,,,, #42 Order on Motion to Compel,, Order on Motion for Sanctions, to District Court (Attachments: #1 Exhibit A - Declaration of Timothy Woods, #2 Exhibit B - Declaration of Brian Maas, #3 Exhibit C - SNC's Supplemental Amended Responses)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 53 Objection to #42 Order on Motion to Compel,, Order on Motion for Sanctions, by Audra Short. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 52 NOTICE of Filing Amended Exhibit A to DE #45 by Sierra Nevada Corporation re #45 MOTION for clarification #42 Order on Motion to Compel,, Order on Motion for Sanctions, MOTION for Reconsideration re #42 Order on Motion to Compel,, Order on Motion for Sanctions, AMENDED EXHIBIT "A" (Attachments: #1 Exhibit A) (Rubin, Amy) Modified text on 12/1/2020 (kpe). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 51 NOTICE of Striking #46 Notice (Other), filed by Sierra Nevada Corporation by Sierra Nevada Corporation (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 49
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 11/20/2020. (jz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 50 Clerks Notice to Filer. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ebz) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 48 MOTION for Extension of Time To complete jurisdictional discovery and to respond to defendant SNC's Motion To Dismiss For Lack Of Personal Jurisdiction re #20 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), / Defendant Sierra Nevada Corporation's Motion and Supporting Memorandum of Law to Dismiss Plaintiff's Complaint by Audra Short. Responses due by 12/9/2020 (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 47
PAPERLESS ORDER denying #45 Motion for Clarification; denying #45 Motion for Reconsideration. The Court carefully reviewed and considered the discovery issues raised by the parties in its 20 page Order (ECF No. 42), which clearly mandated and ordered that Defendant shall produce: (1) "the names of all SNC employees who have worked at, from, or in SNC's published Florida addresses (as listed in Interrogatory 1) and that were involved in any fashion with the A-29 Super Tucano, including but not limited to, manufacture, design, testing, maintenance, product integrity and safety, support, training, simulators and simulator training, logistics, distribution, sale, marketing and/or assessment" (ECF No. 42 at 16-17); and (2) "all documents requested by Plaintiff in Request No. 24 including, but not limited to, all documents and communications concerning all Embraer A-29 Super Tucano test plan reviews, ground and flight test events, aircrew briefs and debriefs performed by or with SNC employees and sent from, received in or maintained by any persons located in, working from or based in Florida." (ECF No. 42 at 15-16) Defendant has cited nothing new to justify reconsideration and the rulings above need no further clarification. Signed by Magistrate Judge Lurana S. Snow on 11/25/2020. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 46 STRICKEN NOTICE by Sierra Nevada Corporation re #45 MOTION for clarification #42 Order on Motion to Compel,, Order on Motion for Sanctions, MOTION for Reconsideration re #42 Order on Motion to Compel,, Order on Motion for Sanctions, AMENDED EXHIBIT A TO MOTION FOR CLARIFICATION (Rubin, Amy) Modified on 12/1/2020 per DE #51 Notice (kpe). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 45 MOTION for clarification #42 Order on Motion to Compel,, Order on Motion for Sanctions, ( Responses due by 12/8/2020), MOTION for Reconsideration re #42 Order on Motion to Compel,, Order on Motion for Sanctions, by Sierra Nevada Corporation. (Attachments: #1 Exhibit A - Chart Provided to Plaintiff, #2 Exhibit B - Declaration of Timothy Woods, #3 Exhibit C - Declaration of Brian Maas, #4 Certification of Diane Westwood Wilson re Meet and Confer)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 44
ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. Show Cause Response due by 12/2/2020. Signed by Judge William P. Dimitrouleas on 11/18/2020. See attached document for full details. (jas) [Transferred from Florida Southern on 9/30/2021.]
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Filing 43
PAPERLESS ORDER ADVISING THE PARTIES AS TO GENERAL DISCOVERY PROCEDURES. The parties are advised that no discovery motion shall be filed without first conducting a meaningful conferral by telephone, in person (or via Zoom). The Certification of Conferral shall specifically state the date of the conferral and the method of the conferral. If the parties are unable to resolve the dispute, the Motion shall not exceed 5 pages, the Response shall not exceed 5 pages and the Reply shall not exceed 3 pages. Additional discovery procedures shall be identified by the Court in a General Order Governing Discovery which shall be entered by the Court by separate Order. Signed by Magistrate Judge Lurana S. Snow on 11/18/2020. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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Filing 42
ORDER granting in part and denying in part #34 Plaintiff's Motion to Compel; denying #34 Plaintiff's Motion for Sanctions. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 11/17/2020. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 41 REPLY in Support re #34 MOTION to Compel Discovery MOTION for Extension of Time to Conduct Jurisdictional Discovery MOTION for Sanctions filed by Audra Short. (Attachments: #1 Exhibit Exhibit J)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 40
ORDER EXTENDING TIME TO CONDUCT JURISDICTIONAL DISCOVERY. Motion to Extend Time to Conduct Jurisdictional Discovery DE#34 is GRANTED IN PART AND DENIED IN PART. The Court the jurisdictional discovery deadline is extended to November 30, 2020. The deadline to for Plaintiffs to respond to the Defendants Motion toDismiss is extended to December 14, 2020. The remaining requests for relief in the Motions DE#34 remain referred to Magistrate Judge Snow. Discovery due by 11/30/2020. Responses due by 12/14/2020 Signed by Judge William P. Dimitrouleas on 10/30/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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Filing 39
PAPERLESS ORDER granting #37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kevin J. Mahoney ; granting #38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel O. Rose. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels' pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 10/29/2020. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel O. Rose. Filing Fee $ 200.00 Receipt # AFLSDC-13781177 by Audra Short. Responses due by 11/12/2020 (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin J. Mahoney. Filing Fee $ 200.00 Receipt # AFLSDC-13781150 by Audra Short. Responses due by 11/12/2020 (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 36 RESPONSE in Opposition re #34 MOTION to Compel Discovery MOTION for Extension of Time to Conduct Jurisdictional Discovery MOTION for Sanctions filed by Sierra Nevada Corporation. Replies due by 11/4/2020. (Attachments: #1 Exhibit A - Declaration of Erica Hall, #2 Exhibit B - Declaration of Timothy Woods, #3 Exhibit C - Other Transaction for Prototype Project Agreement, #4 Exhibit D - Cooperation Agreement, #5 Exhibit E - October 12, 2020 Email, #6 Exhibit F - October 19, 2020 Email, #7 Exhibit G - Log Book Entries)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 35
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING ON Plaintiff's Motion to Compel Discovery, Motion for Sanctions and Motion to Extend Time To Conduct Jurisdictional Discovery. Defendants' Response shall be due no later than October 28, 2020, at 5:00 p.m. and Plaintiff's Reply shall be due no later than November 2, 2020. Signed by Magistrate Judge Lurana S. Snow on 10/23/2020. (sl00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 34 MOTION to Compel Discovery ( Responses due by 11/4/2020), MOTION for Extension of Time to Conduct Jurisdictional Discovery , MOTION for Sanctions by Audra Short. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 33 REPLY to Response to Motion re 28 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint), MOTION to Supplement re #1 Notice of Removal (State Court Complaint), filed by Sierra Nevada Corporation. (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 32 Clerks Notice to Filer re #30 Response in Opposition to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 31 . It is not necessary to refile this document. (jas) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 31 REPLY to Response to Motion re 28 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint), MOTION to Supplement re #1 Notice of Removal (State Court Complaint), filed by Audra Short. (See DE#30 for image). (jas) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 30 RESPONSE in Opposition re 28 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint), MOTION to Supplement re #1 Notice of Removal (State Court Complaint), filed by Audra Short. Replies due by 9/28/2020. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 29 Clerks Notice to Filer re #27 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (jas) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 28 MOTION to Amend #1 Notice of Removal, (Responses due by 9/28/2020), MOTION to Supplement re #1 Notice of Removal, by Sierra Nevada Corporation.(See DE#27 for image. (jas) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 27 RESPONSE in Opposition re #19 MOTION to Remand And, In The Alternative, In Support of Motion to Amend or Supplement Notice of Removal filed by Sierra Nevada Corporation. Replies due by 9/21/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Declaration of Timothy Woods, #10 Exhibit A to Woods Decl., #11 Exhibit B to Woods Decl., #12 Exhibit C to Woods Decl., #13 Exhibit D to Woods Decl., #14 Certification of Diane Westwood Wilson, #15 Exhibit 1 to Wilson Cert.)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 26
ORDER REFERRING CASE. In accordance with 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, any discovery-related motions are REFERRED to United States Magistrate Judge Lurana S. Snow for appropriate disposition. Signed by Judge William P. Dimitrouleas on 8/28/2020. See attached document for full details. (ebz) Modified title text on 8/31/2020 (asl). [Transferred from Florida Southern on 9/30/2021.]
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Filing 25
ORDER ON MOTIONS FOR ENLARGEMENT OF TIME. Plaintiffs Motion for Enlargement of Time DE#21 is hereby GRANTED in part. The deadline to conduct such jurisdictional discovery is October 27, 2020. Plaintiff shall respond to the Motion to Dismiss DE#20 on or before November 10, 2020. Defendants Motion for Extension of Time [DE 23] is GRANTED. SNC shall have until and including September 14, 2020, in which to respond to Plaintiffs Motion toRemand DE#21 . Responses due by 11/10/2020 Responses/Replies due by 9/14/2020. Discovery due by 10/27/2020. Signed by Judge William P. Dimitrouleas on 8/28/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 24 RESPONSE to Motion re #23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION to Remand; re 22 Order filed by Audra Short. Replies due by 9/4/2020. (Maynard, Keith) Modified text on 8/31/2020 (kpe). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION to Remand by Sierra Nevada Corporation. (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 22
PAPERLESS ORDER THIS CAUSE is before the Court on Plaintiff Audra Short's Motion for Extension of Time to Respond to Defendant Sierra Nevada Corporation's Motion to Dismiss [DE 21] (the "Motion"). The Court has considered the Motion, notes Plaintiff was not able to confer successfully with Defendant Sierra Nevada Corporation, and is otherwise fully advised in the premises. The Motion seeks a 90-day extension of time after the court enters an order on Plaintiffs Motion to Remand to respond to the Motion to Dismiss and notes that Defendant's counsel did not provide a response to counsel's attempt to confer regarding the relief requested. It is hereby ORDERED and ADJUDGED that Defendant Sierra Nevada Corporation shall file any Response to the Motion [DE 21] on or before Friday, August 28, 2020. Signed by Judge William P. Dimitrouleas on 8/27/2020. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 21 MOTION for Extension of Time to File Response/Reply/Answer by Audra Short. (Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 20 *WITHDRAWN* per #84 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), / Defendant Sierra Nevada Corporation's Motion and Supporting Memorandum of Law to Dismiss Plaintiff's Complaint by Sierra Nevada Corporation. Responses due by 8/31/2020 (Attachments: #1 Declaration of Erica Hall, #2 Declaration of Timothy Woods, #3 Exhibit A to Woods Declaration - AIB Report, #4 Exhibit B to Woods Declaration - Cooperation Agreement)(Rubin, Amy) Modified docket text per #84 on 5/21/2021 (nc). [Transferred from Florida Southern on 9/30/2021.] |
| Filing 19 MOTION to Remand by Audra Short. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 18
PAPERLESS ORDER denying #17 Motion to Remand. Plaintiff's Motion to Remand is hereby DENIED WITHOUT PREJUDICE to file a motion that complies with the requirements of S.D. Fla. L.R. 7.1.A.3., which requires the moving party to certify that it has conferred, or describes a reasonable effort to confer, with the parties affected in a good faith effort to resolve the dispute. Signed by Judge William P. Dimitrouleas on 8/17/2020. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 17 MOTION to Remand by Audra Short. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Maynard, Keith) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 16
ORDER ON MOTION FOR ENLARGEMENT OF TIME re #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), filed by Sierra Nevada Corporation, Set/Reset Deadlines/Hearings as to #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), is hereby GRANTED in part. SNC shall have until and including August 17, 2020, in which to respond to Plaintiffs Complaint. (Responses due by 8/17/2020) Signed by Judge William P. Dimitrouleas on 8/3/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 15 Partial RESPONSE in Opposition re #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), filed by Audra Short. Replies due by 8/7/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maynard, Keith) Modified Text on 8/3/2020 (ls). [Transferred from Florida Southern on 9/30/2021.] |
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Filing 14
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jane M. Sigda. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 7/31/2020. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jane M. Sigda. Filing Fee $ 200.00 Receipt # AFLSDC-13276110 by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc.. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order Granting JMS Pro Hac Vice)(Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 12
ORDER REQUIRING EXPEDITED RESPONSE re #10 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Audra Short. ORDERED and ADJUDGED that Plaintiff shall file any Response to the Motion on or before Monday, August 3, 2020 at 12:00pm. Answer due 8/3/2020. Re: #1 Notice of Removal (State Court Complaint), filed by Sierra Nevada Corporation. Signed by Judge William P. Dimitrouleas on 7/30/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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Filing 11
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Tingey ; granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Diane Westwood Wilson. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels' pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 7/29/2020. (mp00) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Sierra Nevada Corporation. (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 9 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Diane Westwood Wilson. Filing Fee $ 200.00 Receipt # AFLSDC-13252739 by Sierra Nevada Corporation. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 8 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Tingey. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice, by Sierra Nevada Corporation. Responses due by 8/11/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 7
ORDER DENYING MOTION WITHOUT PREJUDICE re #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca Tingey. Refile in accordance with Local Rules and CM/ECF procedures. Signed by Judge William P. Dimitrouleas on 7/27/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 6 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca Tingey. Filing Fee $ 200.00 Receipt # AFLSDC-13232211 by Sierra Nevada Corporation. Responses due by 8/6/2020 (Attachments: #1 Text of Proposed Order)(Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 5 NOTICE of Attorney Appearance by Amy S. Rubin on behalf of Sierra Nevada Corporation. Attorney Amy S. Rubin added to party Sierra Nevada Corporation(pty:dft). (Rubin, Amy) [Transferred from Florida Southern on 9/30/2021.] |
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Filing 4
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT Signed by Judge William P. Dimitrouleas on 7/23/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 9/30/2021.]
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| Filing 3 NOTICE of Consent to Removal by Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., Embraer Defense & Security, Inc.. (Attachments: #1 Exhibit 1 - Affidavit) (Maggio, John) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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) [Transferred from Florida Southern on 9/30/2021.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT AND DEMAND FOR JURY TRIAL) Filing fee $ 400.00 receipt number AFLSDC-13217691, filed by SIERRA NEVADA CORPORATION. No Motion to Dismiss has been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Designation)(Braunstein, Alex) [Transferred from Florida Southern on 9/30/2021.] |
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