West Star Yacht LLC v. Seattle Lakes Cruises LLC
Plaintiff: West Star Yacht LLC
Defendant: Seattle Lakes Cruises LLC
Case Number: 2:2021cv00223
Filed: February 22, 2021
Court: US District Court for the Western District of Washington
Office: Seattle Office
Presiding Judge: Ricardo S Martinez
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2021 Filing 58 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 8. Filed by Plaintiff West Star Yacht LLC.(Cuisinier, Francis)
April 6, 2021 Filing 57 AMENDED COMPLAINT against defendant(s) West Star Yacht LLC, filed by West Star Yacht LLC. (Attachments: #1 Supplement Stipulation, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Cuisinier, Francis)
March 25, 2021 Opinion or Order Filing 56 ORDER re #52 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney C William Turnbow for Defendant Seattle Lakes Cruises LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
March 24, 2021 Opinion or Order Filing 55 ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Edward F Ruberry for Plaintiff West Star Yacht LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
March 24, 2021 Opinion or Order Filing 54 ORDER re #50 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Francis P. Cuisinier for Plaintiff West Star Yacht LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
March 24, 2021 Opinion or Order Filing 53 ORDER re #49 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Edward David Mizera for Plaintiff West Star Yacht LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
March 23, 2021 Filing 52 APPLICATION OF ATTORNEY C. William Turnbow FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Seattle Lakes Cruises LLC (Fee Paid) Receipt No. AWAWDC-7010757 (Jones, Jeremy)
March 23, 2021 Opinion or Order Filing 51 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Ricardo S. Martinez. Joint Status Report due by 5/4/2021, FRCP 26(f) Conference Deadline is 4/20/2021, Initial Disclosure Deadline is 4/27/2021. (LC)
March 19, 2021 Filing 50 APPLICATION OF ATTORNEY Francis P. Cuisinier FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff West Star Yacht LLC (Fee Paid) Receipt No. AWAWDC-7006713 (Webster, Jess)
March 19, 2021 Filing 49 APPLICATION OF ATTORNEY Edward D. Mizera FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff West Star Yacht LLC (Fee Paid) Receipt No. AWAWDC-7006698 (Webster, Jess)
March 19, 2021 Filing 48 APPLICATION OF ATTORNEY Edward F. Ruberry FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff West Star Yacht LLC (Fee Paid) Receipt No. AWAWDC-7006684 (Webster, Jess)
March 17, 2021 Filing 47 NOTICE of Appearance by attorney Jeremy Jones on behalf of Defendant Seattle Lakes Cruises LLC. (Jones, Jeremy)
March 16, 2021 Attorney Carolyn A Mount added as counsel for West Star Yacht LLC per #46 Notice of Appearance. (PM)
March 15, 2021 Filing 46 NOTICE of Appearance by attorney Jess Gilbert Webster on behalf of Plaintiff West Star Yacht LLC. (Webster, Jess)
February 24, 2021 Clerk received phone call from local counsel for Defendant who will be filing a Notice of Appearance. Counsel advised out of state counsel, Brooks Courtney Miller, will not appear pro hac vice in this matter. (PM)
February 23, 2021 Filing 45 LETTER from Clerk to counsel re receipt of case from the Middle District of Florida and advising of WAWD case number and judge assignment. (CDA)
February 23, 2021 Filing 44 Case transferred in from District of Florida Middle, Case Number 2:20-cv-00574.
February 23, 2021 Judge Ricardo S. Martinez added. (CDA)
February 22, 2021 Opinion or Order Filing 43 ORDER granting #16 Defendant's Motion to Transfer. The Clerk shall TRANSFER the case to the United States District Court for the Western District of Washington. Signed by Judge Paul A. Magnuson on 2/22/2021. (LMF) [Transferred from flmd on 2/23/2021.]
February 11, 2021 Filing 42 Minute Entry. Virtual Proceedings held before Judge Paul A. Magnuson: MOTION HEARING held on 2/11/2021 re #16 MOTION to Dismiss and/or Transfer Plaintiff West Star Yacht, LLC's Complaint for Forum Non Conveniens and Memorandum of Law filed by Seattle Lakes Cruises, LLC. Court Reporter: Jeffrey G. Thomas (SMG) [Transferred from flmd on 2/23/2021.]
January 19, 2021 Filing 41 NOTICE of hearing on motion re #16 MOTION to Dismiss and/or Transfer Plaintiff West Star Yacht, LLC's Complaint for Forum Non Conveniens and Memorandum of Law . Motion Hearing set for 2/11/2021 at 11:00 AM EST by Zoom Video Conference before Judge Paul A. Magnuson. A separate Zoom invitation will be sent via email.(SMG) [Transferred from flmd on 2/23/2021.]
January 15, 2021 Filing 40 NOTICE OF SELECTION of James R. Betts, Esq as mediator by West Star Yacht, LLC.(Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
January 13, 2021 Opinion or Order Filing 39 ENDORSED ORDER granting #38 Agreed Motion for an Extension of Time to Select a Mediator. The parties must notify the Court of their selected mediator no later than 1/27/2021. Signed by Magistrate Judge Mac R. McCoy on 1/13/2021. (CM) [Transferred from flmd on 2/23/2021.]
January 13, 2021 Filing 38 Joint MOTION for Extension of Time to File Selection of a Mediator by West Star Yacht, LLC. (Cuisinier, Francis) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
December 31, 2020 Opinion or Order Filing 37 ORDER denying without prejudice #33 Motion to Compel Mediation. Additionally, no later than 1/13/2021, the parties must file an appropriate notice clarifying whether Mr. Leon has resigned as mediator and, if so, selecting a mediator. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/31/2020. (CM) [Transferred from flmd on 2/23/2021.]
December 29, 2020 Filing 36 MEMORANDUM in opposition re #33 Motion to Compel Mediation filed by Seattle Lakes Cruises, LLC. (Miller, Brooks) [Transferred from flmd on 2/23/2021.]
December 28, 2020 Opinion or Order Filing 35 TEXT ORDER denying without prejudice #34 Request for an Oral Argument. The Court has the pending motion to compel mediation under advisement and will set oral argument by separate notice if the Court deems it to be warranted. Signed by Magistrate Judge Mac R. McCoy on 12/28/2020. (CM) [Transferred from flmd on 2/23/2021.]
December 24, 2020 Filing 34 REQUEST for oral argument re #33 MOTION to Compel Mediation by West Star Yacht, LLC. (Cuisinier, Francis) Modified on 12/28/2020 to convert to motion per Law Clerk/cm (drn). [Transferred from flmd on 2/23/2021.]
December 22, 2020 Filing 33 MOTION to Compel Mediation by West Star Yacht, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit A-1, #4 Exhibit A-2)(Cuisinier, Francis) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
December 2, 2020 Filing 32 NOTICE OF SELECTION of Stephen Leon as mediator by West Star Yacht, LLC. (Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
November 17, 2020 Opinion or Order Filing 30 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/26/2021, Joinder of Parties due by 2/26/2021, Discovery due by 12/2/2021, Dispositive motions due by 1/5/2022, Pretrial statement due by 4/8/2022, All other motions due by 4/8/2022, Plaintiff disclosure of expert report due by 10/5/2021, Defendant disclosure of expert report due by 11/2/2021, Final Pretrial Conference set for 4/22/2022 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti, Trial term commencing 5/2/2022 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Signed by Magistrate Judge Mac R. McCoy on 11/17/2020. (jmc) [Transferred from flmd on 2/23/2021.]
November 17, 2020 Filing 29 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 11/17/2020. (digital) (jmc) [Transferred from flmd on 2/23/2021.]
November 11, 2020 Filing 28 REPLY to Response to Motion re #16 MOTION to Dismiss and/or Transfer Plaintiff West Star Yacht, LLC's Complaint for Forum Non Conveniens and Memorandum of Law filed by Seattle Lakes Cruises, LLC. (Miller, Brooks) [Transferred from flmd on 2/23/2021.]
November 9, 2020 Filing 27 CASE MANAGEMENT REPORT. (Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
November 9, 2020 Filing 26 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by West Star Yacht, LLC. Related case(s): no (Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
November 9, 2020 Filing 25 PRETRIAL AND DISCOVERY PLAN. (Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
November 4, 2020 Opinion or Order Filing 24 ENDORSED ORDER granting #22 Defendant Seattle Lakes Cruises, LLC's Motion for Leave to File Reply in Support of Motion to Dismiss or Transfer. Defendant may file a reply in further support of its motion to dismiss or transfer (Doc. #16 ) of no more than 8 pages no later than 11/11/2020. Signed by Magistrate Judge Mac R. McCoy on 11/4/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
November 4, 2020 Filing 23 RESPONSE in Opposition re #22 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss or Transfer filed by West Star Yacht, LLC. (Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
November 3, 2020 Filing 22 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Dismiss or Transfer by Seattle Lakes Cruises, LLC. (Miller, Brooks) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
October 29, 2020 Opinion or Order Filing 21 TEXT ORDER denying without prejudice #20 Consent Order Granting Substitution of Attorney, which was improperly docketed as a motion to substitute attorney. This Court's rules do not contemplate the appearance of a law firm on behalf of a represented party. See M.D. Fla. R. 2.01-2.03. The rules speak only to the appearance of an individual attorney as counsel of record for a represented party. See id. The form filed by attorney Joshua Sword appears to be an attempt to change his law firm affiliation. Joshua Sword does not appear to seek leave to withdraw as counsel of record. For these reasons, the Court finds that the filing of the form requesting "substitution" of Mr. Sword's law firm is improper. If Mr. Sword needs to modify his firm affiliation for purposes of this case, he may do so by updating his profile in CM/ECF without requesting court action. Signed by Magistrate Judge Mac R. McCoy on 10/29/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
October 29, 2020 Filing 20 First MOTION to Substitute Attorney Law Firm of Rywant Alvarez Jones Russo & Guyton in place of the Law Firm of Young, Bill, Boles, Palmer, Duke & Thompson, P.A. by West Star Yacht, LLC. (Sword, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
October 28, 2020 Filing 19 RESPONSE in Opposition re #16 MOTION to Dismiss and/or Transfer Plaintiff West Star Yacht, LLC's Complaint for Forum Non Conveniens and Memorandum of Law filed by West Star Yacht, LLC. (Attachments: #1 Exhibit Exhibit 1)(Cuisinier, Francis) [Transferred from flmd on 2/23/2021.]
October 7, 2020 Opinion or Order Filing 18 ENDORSED ORDER granting #17 Agreed Motion for Enlargement of Time for Plaintiff West Star Yacht, Inc. to Respond to Seattle Lakes Cruises LLC [sic] Motion to Dismiss and/or Transfer the Complaint for Forum Non Conveniens. Defendant must respond to the subject motion (Doc. #16 ) no later than 10/28/2020. Signed by Magistrate Judge Mac R. McCoy on 10/7/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
October 5, 2020 Filing 17 MOTION for Extension of Time to File Response to Seattle Lake Cruises LLC Motion to Dismiss and/or Transfer the Complaint for Forum Non Conveniens by West Star Yacht, LLC. (Attachments: #1 Text of Proposed Order)(Cuisinier, Francis) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
September 23, 2020 Filing 16 MOTION to Dismiss and/or Transfer Plaintiff West Star Yacht, LLC's Complaint for Forum Non Conveniens and Memorandum of Law by Seattle Lakes Cruises, LLC. (Attachments: #1 Exhibit A - Affidavit of S. Hilton Smith)(Miller, Brooks) [Transferred from flmd on 2/23/2021.]
September 23, 2020 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by Seattle Lakes Cruises, LLC. (Miller, Brooks) [Transferred from flmd on 2/23/2021.]
September 9, 2020 Opinion or Order Filing 14 ENDORSED ORDER granting #12 Agreed Motion for Enlargement of Time for Defendant Seattle Lakes Cruises, LLC to Respond to the Complaint. Defendant Seattle Lakes Cruises, LLC must respond to the Complaint (Doc. #1 ) no later than 9/23/2020. Signed by Magistrate Judge Mac R. McCoy on 9/9/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
September 9, 2020 Filing 13 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 11/17/2020 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 11/9/2020. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) [Transferred from flmd on 2/23/2021.]
September 3, 2020 Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Seattle Lakes Cruises, LLC. (Attachments: #1 Text of Proposed Order)(Miller, Brooks) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
September 1, 2020 Filing 11 NOTICE to counsel Francis P. Cuisinier of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) [Transferred from flmd on 2/23/2021.]
August 28, 2020 ***PRO HAC VICE FEES paid by attorney Francis P. Cuisinier, appearing on behalf of West Star Yacht, LLC (Filing fee $150 receipt number FTM014792.) Related document: #7 First MOTION for Francis P. Cuisinier to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17194050 for $150 . (SPB) [Transferred from flmd on 2/23/2021.]
August 20, 2020 Filing 10 CORPORATE Disclosure Statement by West Star Yacht, LLC identifying Corporate Parent Osprey Holdings LLC for West Star Yacht, LLC.. (Sword, Joshua) [Transferred from flmd on 2/23/2021.]
August 19, 2020 Opinion or Order Filing 9 ORDER granting #7 Motion to Appear Pro Hac Vice. The Clerk is directed to add Francis P. Cuisinier to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Francis P. Cuisinier must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Francis P. Cuisinier must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/19/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
August 19, 2020 Opinion or Order Filing 8 ORDER granting #6 Motion to Appear Pro Hac Vice. The Clerk is directed to add Edward F. Ruberry to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Edward F. Ruberry must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Edward F. Ruberry must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/19/2020. (McCoy, Mac) [Transferred from flmd on 2/23/2021.]
August 18, 2020 Filing 7 First MOTION for Francis P. Cuisinier to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17194050 for $150 by West Star Yacht, LLC. (Attachments: #1 Exhibit Proposed Order on Motion to Appear Pro Hac Vice_FPC)(Sword, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
August 18, 2020 Filing 6 First MOTION for Edward F. Ruberry to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17193968 for $150 by West Star Yacht, LLC. (Attachments: #1 Exhibit Proposed Order on Motion to Appear Pro Hac Vice_EFR)(Sword, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from flmd on 2/23/2021.]
August 18, 2020 Filing 5 NOTICE by West Star Yacht, LLC Return Notice of Service (Sword, Joshua) [Transferred from flmd on 2/23/2021.]
August 11, 2020 Filing 4 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Signed by All Divisional Judges on 8/11/2020. (WRW) [Transferred from flmd on 2/23/2021.]
August 10, 2020 Filing 3 SUMMONS issued as to Seattle Lakes Cruises, LLC. (drn) [Transferred from flmd on 2/23/2021.]
August 7, 2020 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 3:20-cv-574-FtM-66MRM. (SJB) [Transferred from flmd on 2/23/2021.]
August 7, 2020 Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17154216) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Summons, #4 Civil Cover Sheet)(Sword, Joshua) [Transferred from flmd on 2/23/2021.]

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Plaintiff: West Star Yacht LLC
Represented By: PRO HAC VICE PENDING
Represented By: Edward F Ruberry
Represented By: Francis P. Cuisinier
Represented By: Joshua Michael Sword
Represented By: Edward David Mizera
Represented By: Jess Gilbert Webster
Represented By: Carolyn A Mount
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Defendant: Seattle Lakes Cruises LLC
Represented By: Brooks Courtney Miller
Represented By: PRO HAC VICE PENDING
Represented By: Jeremy Jones
Represented By: Christopher William Turnbow
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