1:15-CV-20989
03/11/2015
Pending - Other Pending
Contract - Other Contract
Florida Southern District
Magistrate Judge Chris M. McAliley
Chief Judge K. Michael Moore
Colin Veitch
VSM DEVELOPMENT, INC.
Rodney A. Max
Miami, FL 33130
Virgin Cruises Limited
VIRGIN GROUP INVESTMENTS LTD.
VIRGIN CRUISES
VIRGIN MANAGEMENT LTD.
VIRGIN ENTERPRISES LIMITED
Virgin Management, Ltd.
VIRGIN CRUISES INTERMEDIATE LIMITED
VIRGIN MANAGEMENT USA, INC.
Virgin Group Holdings Limited
Virgin Group Investments, Ltd.
James J Ward
Attorney at Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23D Floor
Miami, FL 33131
Jeffrey W. Gutchess
Attorney at Bilzin Sumberg Baena Price & Axelrod
1450 Brickell Ave, 23Rd Floor
Miami, FL 33131
David B Massey
Attorney at Bilzin Sumberg Baena Price & Axelrod
1450 Brickell Ave., Suite 2300
Miami, FL 33131
Jeffrey Ira Snyder
Attorney at Bilzin Sumberg Baena Price & Axelrod
1450 Brickell Avenue, Suite 2300
Miami, FL 33131-3456
Daniel Edward Tropin
Attorney at Bilzin Sumberg
5845 Sw 93Rd St
Miami, FL 33156
Brandon Perry Rose
Attorney at Bilzin Sumberg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23Rd Floor
Miami, FL 33131
Jose Manuel Ferrer
Attorney at Bilzin, Sumberg, Baena, Price & Axelrod, LLP
1450 Brickell Avenue, Suite 2300
Miami, FL 33131-3456
Johanna Schmitt
Attorney at Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022
Phillip Hill
Attorney at Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022
Janet T. Munn
Attorney at Rasco Klock Perez Nieto, P.L.
2555 Ponce De Leon Blvd, Suite 600
Coral Gables, FL 33134
Joseph A. Loy
Attorney at Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022-4611
Dale Cendali
Attorney at Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022
Daniel Bond
Attorney at Kirkland & Ellis, LLP
300 North Lasalle
Chicago, IL 60654
David N. Draper
Attorney at Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022-4611
Claude M. Stern
Attorney at Quinn Emanuel Urquhart Oliver & Hedges LLP
555 Twin Dolphin Drive, Suite 560
Redwood Shores, CA 94065
Marc L. Greenwald
Attorney at Quinn Emanel Urquhart & Sullivan, LLP
51 Madison Avenue, 22Nd Floor
New York, NY 10010
Evette Pennypacker
Attorney at Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5Th Floor
Redwood Shores, CA 94065
(#1) COMPLAINT against VIRGIN CRUISES, VIRGIN GROUP INVESTMENTS LTD., VIRGIN MANAGEMENT LTD., VIRGIN MANAGEMENT USA, INC.. Filing fees $ 400.00 receipt number 113C-7546315, filed by Colin Veitch. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Gutchess, Jeffrey) (Entered: 03/11/2015)
(#2) Judge Assignment to Chief Judge K. Michael Moore (jas) (Entered: 03/11/2015)
(#3) Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jas) (Entered: 03/11/2015)
(#4) Summons Issued as to VIRGIN MANAGEMENT USA, INC.. (jas) (Entered: 03/11/2015)
(#5) Corporate Disclosure Statement by VSM DEVELOPMENT, INC., Colin Veitch identifying Corporate Parent VSM DEVELOPMENT, INC. for Colin Veitch, VSM DEVELOPMENT, INC. (Gutchess, Jeffrey) (Entered: 03/11/2015)
(#6) PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 3/12/2015. (apy) (Entered: 03/12/2015)
(#7) PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 3/12/2015. (apy) (Entered: 03/12/2015)
(#8) NOTICE of Filing Proposed Summons(es) for Defs, Virgin Management Ltd. and Virgin Group Investments Ltd by VSM DEVELOPMENT, INC., Colin Veitch re 1 Complaint, filed by Colin Veitch (Attachments: # 1 Summon(s) Proposed) (Rose, Brandon) (Entered: 03/18/2015)
(#9) NOTICE by VSM DEVELOPMENT, INC., Colin Veitch of Filing Affidavit of Service (Attachments: # 1 Exhibit A) (Tropin, Daniel) (Entered: 03/18/2015)
(#212) ORDER granting 208 Motion for Extension of Time to File Response/Reply to Motion. Re: 192 Plaintiff's SEALED MOTION to Compel, Shorten Time For Defendants To Answer Plaintiff's Sixth Set Of Requests For Production And Fourth Set Of Interrogatories And Expedite Briefing Schedule filed by Colin Veitch. Responses due by 1/8/2016. Signed by Magistrate Judge Chris M. McAliley on 12/30/2015. (rms) (Entered: 12/30/2015)
(#213) RESPONSE/REPLY In Opposition to Plaintiff's Motion to Compel [D.E. 192] Answer to Plaintiff's Sixth Set of Request for Production and Fourth Set of Interrogatories by Virgin Cruises Intermediate Limited, Virgin Cruises Limited, Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. (Munn, Janet) (Entered: 01/08/2016)
(#214) RESPONSE in Opposition re 169 Plaintiff's MOTION to Strike Certain of the Virgin Management Defendants' Affirmative Defenses and Incorporated Memorandum of Law filed by Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. Replies due by 1/19/2016. (Munn, Janet) (Entered: 01/08/2016)
(#215) RESPONSE in Opposition re 173 MOTION to Compel Production of Documents and Testimony Designated Privileged and Memorandum of Law filed by Colin Veitch. Replies due by 1/19/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gutchess, Jeffrey) (Entered: 01/08/2016)
(#216) ORDER granting 185 Motion to Seal ; granting 190 Motion to Seal. Signed by Magistrate Judge Chris M. McAliley on 1/12/2016. (dj) (Entered: 01/13/2016)
(#217) MOTION to Seal Portions of Defendants' Joint Motion in Limine and Joint Daubert Motion per Local Rule 5.4 by Virgin Cruises Intermediate Limited, Virgin Cruises Limited, Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. (Attachments: # 1 Exhibit A - Proposed Order) (Munn, Janet) (Entered: 01/15/2016)
(#221) Unopposed MOTION to Seal Portions of Their Summary Judgment Motion and Exhibits and Statement of Undisputed Facts per Local Rule 5.4 by Virgin Cruises Intermediate Limited, Virgin Cruises Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Munn, Janet) (Entered: 01/15/2016)
(#225) MOTION to Seal Portions of Materials Filed In Connection with Virgin Management Defendants' Motion For Summary Judgment per Local Rule 5.4 by Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. (Attachments: # 1 Exhibit A - Proposed Order) (Munn, Janet) (Entered: 01/15/2016)
(#221) Unopposed MOTION to Seal Portions of Their Summary Judgment Motion and Exhibits and Statement of Undisputed Facts per Local Rule 5.4 by Virgin Cruises Intermediate Limited, Virgin Cruises Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Munn, Janet) (Entered: 01/15/2016)
(#220) Unopposed MOTION to Seal Plaintiff's Omnibus Motion in Limine and Omnibus Motion to Exclude Virgin's Experts per Local Rule 5.4 by Colin Veitch. (Attachments: # 1 Exhibit A) (Tropin, Daniel) (Entered: 01/15/2016)
(#217) MOTION to Seal Portions of Defendants' Joint Motion in Limine and Joint Daubert Motion per Local Rule 5.4 by Virgin Cruises Intermediate Limited, Virgin Cruises Limited, Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. (Attachments: # 1 Exhibit A - Proposed Order) (Munn, Janet) (Entered: 01/15/2016)
(#216) ORDER granting 185 Motion to Seal ; granting 190 Motion to Seal. Signed by Magistrate Judge Chris M. McAliley on 1/12/2016. (dj) (Entered: 01/13/2016)
(#215) RESPONSE in Opposition re 173 MOTION to Compel Production of Documents and Testimony Designated Privileged and Memorandum of Law filed by Colin Veitch. Replies due by 1/19/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gutchess, Jeffrey) (Entered: 01/08/2016)
(#214) RESPONSE in Opposition re 169 Plaintiff's MOTION to Strike Certain of the Virgin Management Defendants' Affirmative Defenses and Incorporated Memorandum of Law filed by Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. Replies due by 1/19/2016. (Munn, Janet) (Entered: 01/08/2016)
(#213) RESPONSE/REPLY In Opposition to Plaintiff's Motion to Compel [D.E. 192] Answer to Plaintiff's Sixth Set of Request for Production and Fourth Set of Interrogatories by Virgin Cruises Intermediate Limited, Virgin Cruises Limited, Virgin Enterprises Limited, Virgin Group Holdings Limited, Virgin Group Investments, Ltd., Virgin Management USA, Inc.. (Munn, Janet) (Entered: 01/08/2016)
(#212) ORDER granting 208 Motion for Extension of Time to File Response/Reply to Motion. Re: 192 Plaintiff's SEALED MOTION to Compel, Shorten Time For Defendants To Answer Plaintiff's Sixth Set Of Requests For Production And Fourth Set Of Interrogatories And Expedite Briefing Schedule filed by Colin Veitch. Responses due by 1/8/2016. Signed by Magistrate Judge Chris M. McAliley on 12/30/2015. (rms) (Entered: 12/30/2015)
(#211) PAPERLESS ORDER granting 207 Motion for Extension of Time. Re: 173 Motion to Compel Documents and Testimony Designated Confidential filed by Colin Veitch. Responses due by 1/8/2016. Signed by Magistrate Judge Chris M. McAliley on 12/30/2015. (rms) Modified text per Chambers on 12/30/2015 (wc). (Entered: 12/30/2015)
(#10) Summons Issued as to VIRGIN MANAGEMENT LTD.. (ots) (Entered: 03/19/2015)
(#9) NOTICE by VSM DEVELOPMENT, INC., Colin Veitch of Filing Affidavit of Service (Attachments: # 1 Exhibit A) (Tropin, Daniel) (Entered: 03/18/2015)
(#8) NOTICE of Filing Proposed Summons(es) for Defs, Virgin Management Ltd. and Virgin Group Investments Ltd by VSM DEVELOPMENT, INC., Colin Veitch re 1 Complaint, filed by Colin Veitch (Attachments: # 1 Summon(s) Proposed) (Rose, Brandon) (Entered: 03/18/2015)
(#7) PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 3/12/2015. (apy) (Entered: 03/12/2015)
(#6) PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 120 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 3/12/2015. (apy) (Entered: 03/12/2015)
(#5) Corporate Disclosure Statement by VSM DEVELOPMENT, INC., Colin Veitch identifying Corporate Parent VSM DEVELOPMENT, INC. for Colin Veitch, VSM DEVELOPMENT, INC. (Gutchess, Jeffrey) (Entered: 03/11/2015)
(#4) Summons Issued as to VIRGIN MANAGEMENT USA, INC.. (jas) (Entered: 03/11/2015)
(#3) Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jas) (Entered: 03/11/2015)
(#2) Judge Assignment to Chief Judge K. Michael Moore (jas) (Entered: 03/11/2015)
(#1) COMPLAINT against VIRGIN CRUISES, VIRGIN GROUP INVESTMENTS LTD., VIRGIN MANAGEMENT LTD., VIRGIN MANAGEMENT USA, INC.. Filing fees $ 400.00 receipt number 113C-7546315, filed by Colin Veitch. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Gutchess, Jeffrey) (Entered: 03/11/2015)
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