Cunningham v. Southwest Airlines
Plaintiff: Robin A. Cunningham
Defendant: Southwest Airlines
Case Number: 3:2021cv01328
Filed: July 20, 2021
Court: US District Court for the District of Puerto Rico
Presiding Judge: Aida M Delgado-Colon
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2003
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Filing 46 Motion to allow Charles T. Tucker to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7453035) filed by Jorge A. Fernandez-Reboredo on behalf of Robin A. Cunningham Responses due by 9/28/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fernandez-Reboredo, Jorge)
September 14, 2021 Filing 45 NOTICE of Appearance by Jorge A. Fernandez-Reboredo on behalf of Robin A. Cunningham (Fernandez-Reboredo, Jorge)
July 20, 2021 Filing 44 NOTICE TO COUNSEL re: Case transferred from the Middle District of Florida. Signed by Clerk on 7/20/2021.(idg)
July 20, 2021 Filing 43 Case transferred in from District of Florida Middle; Case Number 8:20-cv-02816. Original file certified copy of transfer order and docket sheet received.
July 10, 2021 Opinion or Order Filing 42 ORDER granting Defendant Southwest Airlines' Motion for Attorneys' Fees (Doc. #32 ). Additionally, the Court vacates its earlier order dismissing this case (Doc. #22 ) and grants-in-part Defendant Southwest Airlines' Motion to Transfer and Dismiss (Doc. #13 ). The Clerk is directed to transfer this case to the United States District Court for the District of Puerto Rico for all further proceedings, including resolution of the remaining issues related to dismissal. The Clerk is directed to terminate any pending motions or deadlines and to keep the case closed. Signed by Judge Kathryn Kimball Mizelle on 7/10/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 22, 2021 Filing 41 RESPONSE in Opposition re #32 MOTION for Attorney Fees filed by Robin A. Cunningham. (Tucker, Charles) [Transferred from flmd on 7/20/2021.]
June 17, 2021 Filing 40 NOTICE of compliance re 36 Order on Motion to Seal Order on Motion to Strike, #32 MOTION for Attorney Fees by Southwest Airlines (Blanco Garcia, Rocio) Modified text on 6/21/2021 (JLD). [Transferred from flmd on 7/20/2021.]
June 17, 2021 Opinion or Order Filing 39 ENDORSED ORDER granting Plaintiff's Motion for Extension of Time (Doc. #38 ). By June 22, 2021, Plaintiff Robin A. Cunningham must file her response in opposition, if any, to Defendant Southwest Airlines's motion for attorney's fees (Doc. #32 ). Signed by Judge Kathryn Kimball Mizelle on 6/17/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 16, 2021 Filing 38 MOTION for Extension of Time to File Response/Reply as to 33 Order by Robin A. Cunningham. (Tucker, Charles) [Transferred from flmd on 7/20/2021.]
June 16, 2021 Opinion or Order Filing 37 ENDORSED ORDER: The Court denies Defendant Southwest Airlines's motion for leave to file a reply to Plaintiff's response in opposition to Defendant's motion (Doc. #35 ). Signed by Judge Kathryn Kimball Mizelle on 6/16/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 16, 2021 Opinion or Order Filing 36 ENDORSED ORDER denying Defendant's request that its motion remain under seal and granting Defendant's request to refile its exhibit. (Doc. #34 ). The Clerk is directed to strike the exhibit attached to Defendant Southwest Airlines's motion for attorney's fees (Doc. #32 ) from the docket. The Clerk is then directed to unseal the motion for attorney's fees (Doc. #32 ). Defendant Southwest Airlines is directed to refile the properly redacted exhibit by June 18, 2021. Signed by Judge Kathryn Kimball Mizelle on 6/16/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 15, 2021 Filing 35 MOTION for Leave to File a Reply to Plaintiff's Response in Opposition to Defendant's Motion to Dismiss and Motion to Transfer Venue by Southwest Airlines. (Blanco Garcia, Rocio) Modified event type and notified counsel on 6/16/2021. (JLD) [Transferred from flmd on 7/20/2021.]
June 15, 2021 Filing 34 Unopposed MOTION to Seal Exhibit C to the Declaration of Rocio Blanco Garcia Filed in Support of Defendant's Motion for Attorneys' Fees, or, Alternatively, MOTION to Strike #32 MOTION for Attorney Fees and Re-File a Corrected Version of the Declaration [DE# 32-1] by Southwest Airlines. (Blanco Garcia, Rocio) Modified text on 6/16/2021 (JLD). M [Transferred from flmd on 7/20/2021.]
June 15, 2021 Opinion or Order Filing 33 ENDORSED ORDER. By June 17, 2021, Plaintiff Robin A. Cunningham shall file her response in opposition, if any, to Defendant Southwest Airlines's motion for attorney's fees (Doc. #32 ). Signed by Judge Kathryn Kimball Mizelle on 6/15/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 14, 2021 Filing 32 MOTION for Attorney Fees by Southwest Airlines. (Attachments: # 1 Exhibit***Exhibit Stricken per 36 Order.*** )(Blanco Garcia, Rocio) Modified text on 6/17/2021. (JLD) [Transferred from flmd on 7/20/2021.]
June 8, 2021 Filing 31 NOTICE to counsel Channa Lloyd of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (CRH) [Transferred from flmd on 7/20/2021.]
June 7, 2021 Filing 30 RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim Motion to Transfer Venue and to Dismiss MOTION to Change Venue / Transfer Case filed by Robin A. Cunningham. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(CRH) [Transferred from flmd on 7/20/2021.]
June 5, 2021 Opinion or Order Filing 29 ENDORSED ORDER: The Court denies Plaintiff Robin Cunningham's motion for leave to file a reply in further support of her motion to file an out of time response to Defendant's motion. (Doc. #25 ). Signed by Judge Kathryn Kimball Mizelle on 6/5/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 5, 2021 Opinion or Order Filing 28 ENDORSED ORDER: The Court grants Defendant Southwest Airlines's request for reasonable attorney's fees and costs for having to respond to Plaintiff Robin Cunningham's out of time motion. See (Doc. #24 ). By June 11, 2021, Plaintiff and Defendant must meet and confer to determine Defendant's reasonable attorney's fees and costs in connection with responding to Plaintiff's out of time motion, see (Docs. #24 & #26 ). If Plaintiff and Defendant resolve the fees and costs amount, then Defendant must file a notice by June 14, 2021, that advises the Court of such. If Plaintiff and Defendant fail to resolve the fees and costs, then Defendant must file a motion for reasonable attorney's fees and costs by June 14, 2021. Failure to resolve Defendant's attorney's fees and costs may result in the Court increasing or reducing Defendant's requested awards consistent with the lodestar method. See Norman v. Housing Auth. of City of Montgomery, 836 F.2d 1292, 1299 (11th Cir. 1988) ("[T]he starting point in any determination for an objective estimate of the value of a lawyer's services is to multiply hours reasonably expended by a reasonable hourly rate."). Signed by Judge Kathryn Kimball Mizelle on 6/5/2021. (AS) [Transferred from flmd on 7/20/2021.]
June 5, 2021 Opinion or Order Filing 27 ENDORSED ORDER: The Court construes Plaintiff Robin Cunningham's motion for leave to file an out of time response in opposition to Defendant Southwest Airlines's motion as a motion under Federal Rule of Civil Procedure 60(b) and finds that Plaintiff has demonstrated excusable neglect. Accordingly, the Court grants Plaintiff's motion (Doc. #23 ). The Clerk is directed to file all the attachments to the motion (Doc. #23 on the docket) as a separate response. Signed by Judge Kathryn Kimball Mizelle on 6/5/2021. (AS) [Transferred from flmd on 7/20/2021.]
May 14, 2021 Filing 26 RESPONSE in Opposition re #25 MOTION for Leave to File Other Document: Motion for Leave to File Out of Time a Response to Defendant's Motion to Dismiss and Motion to Transfer Venue filed by Southwest Airlines. (Blanco Garcia, Rocio) [Transferred from flmd on 7/20/2021.]
May 11, 2021 Filing 25 MOTION for Leave to File Other Document: Motion for Leave to File Out of Time a Response to Defendant's Motion to Dismiss and Motion to Transfer Venue by Robin A. Cunningham. (Tucker, Charles) Modified text on 5/11/2021 (JLD). [Transferred from flmd on 7/20/2021.]
April 22, 2021 Filing 24 RESPONSE in Opposition re #23 MOTION for Leave to File Other Document : Opposed motion for leave to file out of time filed by Southwest Airlines. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Blanco Garcia, Rocio) Modified on 4/23/2021 to edit text (CRH). [Transferred from flmd on 7/20/2021.]
April 8, 2021 Filing 23 MOTION for Leave to File Other Document :Opposed motion for leave to file out of time by Robin A. Cunningham. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2)(Tucker, Charles) Modified text on 4/9/2021 (BSN). [Transferred from flmd on 7/20/2021.]
March 26, 2021 Opinion or Order Filing 22 **VACATED PER ORDER AT DOC. 42** ORDER granting Defendant Southwest Airlines's Motion to Dismiss #13 . All of Plaintiff Robin Cunningham's claims are dismissed. The Clerk is directed to terminate any pending deadlines and motions and to close this case. Signed by Judge Kathryn Kimball Mizelle on 3/26/2021. (AS) Modified on 7/12/2021 to edit text (CRH). [Transferred from flmd on 7/20/2021.]
February 25, 2021 Opinion or Order Filing 21 CASE MANAGEMENT AND SCHEDULING ORDER: The discovery deadline is July 30, 2021. The mediation deadline is August 13, 2021. The dispositive motions deadline is August 27, 2021. Pretrial Conference is set for January 6, 2022. The case is set for the February 2022 trial term. Signed by Judge Kathryn Kimball Mizelle on 2/25/2021. (AS) [Transferred from flmd on 7/20/2021.]
February 24, 2021 Opinion or Order Filing 20 ORDER granting #17 plaintiff's Motion for Charles T. Tucker, Jr., to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/23/2021. (DMS) [Transferred from flmd on 7/20/2021.]
February 24, 2021 Opinion or Order Filing 19 ENDORSED ORDER granting Motion for Extension of Time to Respond #16 . By March 10, 2021, Plaintiff must respond to Defendant's Motion to Dismiss and Motion to Transfer Venue. Signed by Judge Kathryn Kimball Mizelle on 2/24/2021. (AS) [Transferred from flmd on 7/20/2021.]
February 23, 2021 Filing 18 CASE MANAGEMENT REPORT. (Blanco Garcia, Rocio) [Transferred from flmd on 7/20/2021.]
February 23, 2021 Filing 17 MOTION for Charles Tucker to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17919499 for $150 by Robin A. Cunningham. (Attachments: #1 Text of Proposed Order)(Lloyd, Channa) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from flmd on 7/20/2021.]
February 23, 2021 Filing 16 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Failure to State a Claim Motion to Transfer Venue and to Dismiss MOTION to Change Venue / Transfer Case by Robin A. Cunningham. (Lloyd, Channa) [Transferred from flmd on 7/20/2021.]
February 4, 2021 Opinion or Order Filing 15 STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS) [Transferred from flmd on 7/20/2021.]
February 3, 2021 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Southwest Airlines identifying Other Affiliate PRIMECAP Management Company for Southwest Airlines.. (Blanco Garcia, Rocio) [Transferred from flmd on 7/20/2021.]
February 3, 2021 Filing 13 MOTION to Dismiss for Failure to State a Claim and MOTION to Transfer Venue by Southwest Airlines. (Attachments: #1 Exhibit, #2 Exhibit)(Blanco Garcia, Rocio) . Added MOTION to Change Venue / Transfer Case on 2/4/2021 (MCB). [Transferred from flmd on 7/20/2021.]
February 3, 2021 Filing 12 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (GSO) [Transferred from flmd on 7/20/2021.]
January 15, 2021 Opinion or Order Filing 11 ENDORSED ORDER granting #8 Motion for Extension of Time. By February 3, 2021, Defendant Southwest Airlines must respond to the Plaintiff's Complaint. Signed by Judge Kathryn Kimball Mizelle on 1/15/2021. (AS) [Transferred from flmd on 7/20/2021.]
January 15, 2021 Opinion or Order Filing 10 ORDER granting #9 Motion to Appear Pro Hac Vice. Accordingly, attorney Lourdes C. Hernandez-Venegas is admitted to appear in this court pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 1/15/2021. (AG) [Transferred from flmd on 7/20/2021.]
January 14, 2021 Filing 9 Unopposed MOTION for Lourdes C. Hernandez-Venegas to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17766646 for $150 by Southwest Airlines. (Blanco Garcia, Rocio) Motions referred to Magistrate Judge Thomas G. Wilson. [Transferred from flmd on 7/20/2021.]
January 14, 2021 Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Southwest Airlines. (Blanco Garcia, Rocio) [Transferred from flmd on 7/20/2021.]
January 8, 2021 Filing 7 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:20-cv-2816-T-210TGW. Judge Steven D. Merryday no longer assigned to the case. (JLD) [Transferred from flmd on 7/20/2021.]
December 11, 2020 Opinion or Order Filing 6 ORDER re #5 --notice of designation of track. See document for details. Signed by Judge Steven D. Merryday on 12/11/2020. (GSO) [Transferred from flmd on 7/20/2021.]
December 11, 2020 Filing 5 NOTICE of designation under Local Rule 3.05 - Track 2. (GSO) [Transferred from flmd on 7/20/2021.]
December 4, 2020 REFUND for duplicate payment. Case 8:20cv2017 was deleted. Receipt number 113A-17603325 refunded in the amount of $ 400.00 paid to Channa Lloyd.. (NLC) [Transferred from flmd on 7/20/2021.]
December 1, 2020 Filing 4 SUMMONS issued as to Southwest Airlines. (CRH) [Transferred from flmd on 7/20/2021.]
December 1, 2020 Filing 3 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-2816-T-23TGW. (SJB) [Transferred from flmd on 7/20/2021.]
November 30, 2020 Filing 2 PROPOSED summons to be issued by Robin A. Cunningham. (Lloyd, Channa) Modified on 12/1/2020 to edit text (CRH). [Transferred from flmd on 7/20/2021.]
November 30, 2020 Filing 1 COMPLAINT against Southwest Airlines with Jury Demand (Filing fee $ 400 receipt number 113A-17603273) filed by Robin A. Cunningham. (Attachment: #1 Civil Cover Sheet)(Lloyd, Channa) Modified on 12/1/2020 to correct docket text (SJB). [Transferred from flmd on 7/20/2021.]

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Plaintiff: Robin A. Cunningham
Represented By: Channa Lloyd
Represented By: Charles T. Tucker, Jr.
Represented By: Jorge A. Fernandez-Reboredo
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Defendant: Southwest Airlines
Represented By: Lourdes C. Hernandez-Venegas
Represented By: Rocio Blanco Garcia
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