Branstetter v. Holland America Line NV LLC
| Kelsie Branstetter |
| Holland America Line NV LLC |
| 2:2019cv02104 |
| December 23, 2019 |
| US District Court for the Western District of Washington |
| Thomas S Zilly |
| Marine |
| 46 U.S.C. § 688 |
| Plaintiff |
Docket Report
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Filing 36
MINUTE ORDER. Jury Trial is set for 1/19/2021 at 9:00 AM before Judge Thomas S. Zilly. Joinder of Parties due by 2/14/2020, Amended Pleadings due by 6/29/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/29/2020, Motions related to expert witnesses due by 11/5/2020, Motions related to discovery due by 8/20/2020, Discovery completed by 9/28/2020, Dispositive motions due by 10/29/2020, Motions in Limine due by 12/17/2020, Pretrial Order due by 12/30/2020, Trial briefs to be submitted by 12/30/2020, Proposed voir dire/jury instructions due by 12/30/2020, Pretrial Conference set for 1/8/2021 at 1:30 PM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (TH)
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| Filing 35 ANSWER to #1 Complaint and Affirmative Defenses by Holland America Line NV LLC.(Wodnik, Shannon) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent carnival corporation & plc for Holland America Line NV LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Holland America Line NV LLC (Wodnik, Shannon) |
| Filing 33 NOTICE of Appearance by attorney Shannon Wodnik on behalf of Defendant Holland America Line NV LLC. (Wodnik, Shannon) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Holland America Line NV LLC must file a Corporate Disclosure Statement by 1/9/2020. ad hoc to attorneys Elissa Mulrooney Coombs and Heather Marie Gwinn Pabon.(GT) |
| Filing 32 LETTER from Clerk to counsel re receipt of case from District of Western Tennessee and advising of WAWD case number and judge assignment. (GT) |
| Filing 31 Case transferred in from District of Tennessee Western, Case Number 2:19-cv-02596. |
| Judge Thomas S. Zilly added. (GT) |
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Filing 30
ORDER OF TRANSFER re #15 First MOTION to Dismiss for Lack of Jurisdiction filed by Holland America Line N.V. LLC. Signed by Judge Samuel H. Mays, Jr on 12/20/2019. (Mays, Samuel) [Transferred from tnwd on 12/31/2019.]
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| Filing 29 SETTING LETTER: Jury Trial set for Monday, 1/18/2021 at 9:30 AM before Judge Samuel H. Mays, Jr.; Pretrial Conference set for Friday, 1/8/2021 09:30 AM before Judge Samuel H. Mays, Jr.; Proposed Pretrial Order due by 12/31/2020. (jam) [Transferred from tnwd on 12/31/2019.] |
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Filing 28
SCHEDULING ORDER: The following ddls/scheds were established: joining parties ddl 02/14/20; amended pleadings ddl 02/14/20; mediation ddl 03/04/20; motions to dismiss ddl 03/16/20; all discovery ddl 08/14/20; fact discovery ddl 6/15/20; document production, interrogatories, and admissions ddl 6/15/20; expert disclosures due 06/15/20 for pltf, 07/15/20 for deft; supplementation ddl 08/14/20; daubert motions ddl 9/14/20; dispositive motions ddl 09/14/20; Jury Trial set Monday, 01/18/2021 at 9:30 a.m. (3 days); Pretrial Conference set Friday, 01/08/2021 at 9:30 a.m.; Joint Proposed Pretrial Order due 12/31/2020. Signed by Judge Samuel H. Mays, Jr. on 12/11/2019. (jam) [Transferred from tnwd on 12/31/2019.]
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| Filing 27 MINUTES: SCHEDULING CONFERENCE held on 12/11/2019 before Judge Samuel H. Mays, Jr. Elissa Coombs appeared for the pltf; Heather Gwinn Pabon appeared (via tel) for the dft. Proposed scheduling order was adopted. The following ddls/scheds were established: joining parties ddl 02/14/20; amended pleadings ddl 02/14/20; mediation ddl 03/04/20; motions to dismiss ddl 03/16/20; all discovery ddl 08/14/20; fact discovery ddl 6/15/20; document production, interrogatories, and admissions ddl 6/15/20; expert disclosures due 06/15/20 for pltf, 07/15/20 for deft; supplementation ddl 08/14/20; daubert motions ddl 9/14/20; dispositive motions ddl 09/14/20; Jury Trial set Monday, 01/18/2021 at 9:30 a.m. (2-3 days); Pretrial Conference set Friday, 01/08/2021 at 9:30 a.m.; Joint Proposed Pretrial Order due 12/31/2020. (Court Reporter: Traci Walker) (jam) Modified on 12/12/2019 (jl). [Transferred from tnwd on 12/31/2019.] |
| Filing 26 REPORT of Rule 26(f) Planning Meeting . (Coombs, Elissa) [Transferred from tnwd on 12/31/2019.] |
| Filing 25 SETTING LETTER: Scheduling Conference set Wednesday, 12/11/2019 at 09:30 AM in Courtroom 7 - Memphis before Judge Samuel H. Mays, Jr. Please see the attached setting letter for call-in instructions. (jl) [Transferred from tnwd on 12/31/2019.] |
| Filing 24 Amended MOTION for Leave to Appear Telephonically proposed order submitted by Holland America Line N.V. LLC. (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 23 REPLY to Response to Motion re #21 Response in Opposition to Motion,,, filed by Holland America Line N.V. LLC. (Attachments: #1 Exhibit Exhibit 1)(Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 22 SETTING LETTER: The Scheduling Conference is RESET to Wednesday, 12/11/2019 at 09:30 AM in Courtroom 7 - Memphis before Judge Samuel H. Mays, Jr. (Reset from 11/13/19) (jl) [Transferred from tnwd on 12/31/2019.] |
| Filing 21 RESPONSE in Opposition re #15 First MOTION to Dismiss for Lack of Jurisdiction filed by Kelsie Branstetter. (Attachments: #1 Affidavit of Kelsie Branstetter, #2 Exhibit A to Affidavit of Kelsie Branstetter - Direct Reservation Sales Agent Listing, #3 Exhibit B to Affidavit of Kelsie Branstetter - Cruise Consultant Listing, #4 Exhibit C to Affidavit of Kelsie Branstetter - B.B. King's Blues Club Articles, #5 Exhibit D to Affidavit of Kelsie Branstetter - Band Auditions Posting, #6 Exhibit E to Affidavit of Kelsie Branstetter - Informational Cruise Packet, #7 Exhibit F to Affidavit of Kelsie Branstetter - Country Music Cruise Information, #8 Exhibit G to Affidavit of Kelsie Branstetter - Musician Audition Posting)(Coombs, Elissa) [Transferred from tnwd on 12/31/2019.] |
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Filing 20
ORDER DENYING MOTION #19 for temporary exemption from Rule 26(a) and (f) of the Federal Rules of Civil Procedure, signed by Judge Samuel H. Mays, Jr. on 10/24/2019. (Mays, Samuel) [Transferred from tnwd on 12/31/2019.]
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| Filing 19 NOTICE by Holland America Line N.V. LLC Motion for Temporary Exemption from Rule 26 (a) and (f)- Proposed Order Submitted (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
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Filing 18
ORDER GRANTING MOTION #17 TO APPEAR TELEPHONICALLY at the November 13, 2019 Scheduling Conference, signed by Judge Samuel H. Mays, Jr. on 10/22/2019. (Mays, Samuel) [Transferred from tnwd on 12/31/2019.]
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| Filing 17 MOTION for Leave to Appear Telephonically proposed order submitted by Holland America Line N.V. LLC. (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 16 SETTING LETTER: The Scheduling Conference is RESET to Wednesday, 11/13/2019 at 09:30 AM in Courtroom 7 - Memphis before Judge Samuel H. Mays, Jr. (Reset from 11/15/19) (jl) [Transferred from tnwd on 12/31/2019.] |
| Filing 15 First MOTION to Dismiss for Lack of Jurisdiction by Holland America Line N.V. LLC. (Attachments: #1 Declaration of James Colwell)(Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 14 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 12 First MOTION to Dismiss for Lack of Jurisdiction filed by Holland America Line N.V. LLC has been filed. Does not appear to be a motion. It is styled as Declaration of James Colwell.. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 13 MEMORANDUM in Support re 12 First MOTION to Dismiss for Lack of Jurisdiction filed by Holland America Line N.V. LLC. (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 11 SETTING LETTER: A Scheduling Conference is set on Friday, 11/15/2019 at 09:30 AM in Courtroom 7 - Memphis before Judge Samuel H. Mays, Jr. (jl) [Transferred from tnwd on 12/31/2019.] |
| Filing 10 NOTICE of Appearance by Heather Marie Gwinn Pabon on behalf of Holland America Line N.V. LLC (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 9 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #8 Notice of Appearance filed by Holland America Line N.V. LLC has been filed. However, the following deficiency has been found: "Wet Signature". Please see ECF Policies and Proceedures 10.1 Electronic Signature, failure to provide that electronic signature will render the filing deficient. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. 9/24/2019 (jld). [Transferred from tnwd on 12/31/2019.] |
| Filing 8 NOTICE of Appearance by Heather Marie Gwinn Pabon on behalf of Holland America Line N.V. LLC (Gwinn Pabon, Heather) [Transferred from tnwd on 12/31/2019.] |
| Filing 7 SUMMONS Returned Executed by Kelsie Branstetter as to Holland America Line N.V. LLC. (Coombs, Elissa) [Transferred from tnwd on 12/31/2019.] |
| Filing 6 Summons Issued as to Holland America Line N.V. LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 2 Judge Samuel H. Mays, Jr and Magistrate Judge Tu M. Pham added. (jld) [Transferred from tnwd on 12/31/2019.] |
| Filing 1 COMPLAINT against Holland America Line N.V. LLC, filed by Kelsie Branstetter. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Coombs, Elissa) [Transferred from tnwd on 12/31/2019.] |
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