Ault et al v. Walt Disney World Co.

Plaintiffs:Mahala Ault, Stacie Rhea and Dan Wallace
Defendants:Walt Disney World Co.
 
Case Number:6:2007cv01785
Filed:November 9, 2007
 
Court:Florida Middle District Court
Office:Orlando Office [ Court Info ]
County:Orange
Presiding Judge:Judge Gregory A. Presnell
Referring Judge:Magistrate Judge Karla R. Spaulding
 
Nature of Suit:Civil Rights - Americans with Disabilities - Other
Cause:Americans with Disabilities Act
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
November 9, 2007 1 COMPLAINT against Walt Disney World Co. filed pursuant to the Americans with Disabilities Act; jury demand (Filing fee $350 - receipt number 26063) (RDO) (Entered: November 9, 2007)
November 14, 2007 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/26/2007 Signed by Judge Gregory A. Presnell on 11/14/2007. (copies mailed/emailed)(AKJ) (Entered: November 14, 2007)
November 14, 2007 3 INTERESTED PERSONS ORDER for Plaintiffs. Certificate of interested persons and corporate disclosure statement due by 11/26/2007 Signed by Judge Gregory A. Presnell on 11/14/2007. (counsel emailed)(AKJ) (Entered: November 14, 2007)
November 21, 2007 4 CERTIFICATE of interested persons and corporate disclosure statement re 3 Interested persons order by Mahala Ault, Stacie Rhea, Dan Wallace. (Dempsey, Bernard) (Entered: November 21, 2007)
November 21, 2007 5 NOTICE of pendency of related cases re 2 order of compliance to Local Rule by Mahala Ault, Stacie Rhea, Dan Wallace. Related case(s): y (Dempsey, Bernard) (Entered: November 21, 2007)
November 21, 2007 6 MOTION for Permission to Begin the Discovery Process Prior to Case Management Meeting by Mahala Ault, Stacie Rhea, Dan Wallace. (Dempsey, Bernard) (Entered: November 21, 2007)
November 23, 2007 7 ORDER denying 6 Motion to begin discovery before case management conference. Signed by Magistrate Judge Karla R. Spaulding on 11/23/2007. (Spaulding, Karla) (Entered: November 23, 2007)
November 29, 2007 8 MOTION for John A. Baker to appear pro hac vice by Dan Wallace. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: November 29, 2007)
November 29, 2007 9 MOTION for J. Phillip Krajewski to appear pro hac vice by Dan Wallace. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: November 29, 2007)
November 29, 2007 10 ORDER granting 8 motion to appear pro hac vice; granting 9 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 11/29/2007. (JL) (Entered: November 29, 2007)
December 5, 2007 11 WAIVER OF SERVICE returned executed by Mahala Ault. Waiver of Service sent on 11/14/07 as to Walt Disney World Co.. (Dempsey, Bernard) (Entered: December 5, 2007)
December 26, 2007 12 MOTION for Jason M. Medley to appear pro hac vice by Stacie Rhea. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: December 26, 2007)
December 27, 2007 13 ORDER granting 12 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 12/27/2007. (JL) (Entered: 12/27/2007)
January 2, 2008 14 MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Walt Disney World Co.. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: January 2, 2008)
January 3, 2008 15 ENDORSED ORDER granting 14 Motion for extension of time to answer or respond. Walt Disney World Co. answer due 1/22/2008. Signed by Judge Gregory A. Presnell on 1/3/2008. (AEB) (Entered: January 3, 2008)
January 3, 2008 16 INTERESTED PERSONS ORDER for Defendant. Certificate of interested persons and corporate disclosure statement due by 1/14/2008 Signed by Judge Gregory A. Presnell on 1/3/2008. (copies mailed/emailed)(AKJ) (Entered: January 3, 2008)
January 14, 2008 17 CERTIFICATE of interested persons and corporate disclosure statement re 16 Interested persons order by Walt Disney World Co.. (Kushner, Manuel) (Entered: January 14, 2008)
January 14, 2008 18 MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co.. (RDO) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: January 15, 2008)
January 15, 2008 19 ORDER denying without prejudice 18 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 1/15/2008. (BJP) (Entered: January 15, 2008)
January 22, 2008 20 MOTION to dismiss and Memorandum of Law in Support Thereof by Walt Disney World Co.. (Kushner, Manuel) (Entered: January 22, 2008)
January 22, 2008 21 Unopposed MOTION to Appear Telephonically for Case Management Conference by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: January 22, 2008)
January 23, 2008 22 ORDER granting 21 Motion to Appear Telephonically at Case Management Conference. Signed by Magistrate Judge Karla R. Spaulding on 1/23/2008. (BJP) (Entered: January 23, 2008)
February 1, 2008 23 MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. **SPECIAL ADMISSIONS FORM SUBMITTED & FEE PAID ON 1/14/08** (IGC). (Entered: February 1, 2008)
February 1, 2008 24 ORDER denying without prejudice 23 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/1/2008. (BJP) (Entered: February 1, 2008)
February 5, 2008 25 MOTION for Kerry Scanlon to appear pro hac vice by Walt Disney World Co.. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. (Additional attachment(s) added on 2/5/2008: # 1 APPEARANCE of non-resident counsel and designation of local counsel) (IGC). (Entered: February 5, 2008)
February 5, 2008 26 Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION to dismiss and Memorandum of Law in Support Thereof by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: February 5, 2008)
February 6, 2008 27 ENDORSED ORDER granting 26 Motion for Extension of Time to File Response/Reply re 20 MOTION to dismiss and Memorandum of Law in Support Thereof. Because Feb. 18th is a Federal holiday, the response will be due by 2/19/2008. Signed by Judge Gregory A. Presnell on 2/6/2008. (AEB) (Entered: February 6, 2008)
February 6, 2008 28 ORDER granting 25 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/6/2008. (BJP) (Entered: 02/06/2008)
February 6, 2008 29 Amended MOTION for Jeremy White to appear pro hac vice by Walt Disney World Co. (Kushner, Manuel) Motions referred to Magistrate Judge Karla R. Spaulding. **SPECIAL ADMISSIONS FORM SUBMITTED & FEE PAID ON 1/14/08** (IGC). (Entered: February 6, 2008)
February 6, 2008 30 MOTION to Redesignate as a Track Three Case by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) (Entered: February 6, 2008)
February 6, 2008 31 Emergency MOTION to extend time to File Class Certification Motion by Mahala Ault, Stacie Rhea, Dan Wallace. (Johnson, Nancy) (Entered: February 6, 2008)
February 7, 2008 32 NOTICE of Hearing on Motion 31 Emergency MOTION to extend time to File Class Certification Motion, 30 MOTION to Redesignate as a Track Three Case : Motion Hearing set for 2/7/2008 at 02:30 PM in Courtroom 5 A before Judge Gregory A. Presnell. (AEB) (Entered: February 7, 2008)
February 7, 2008 33 MOTION to Appear Telephonically for Hearing Scheduled today, February 7, 2008 at 2:30pm by Dan Wallace. (Baker, John) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: February 7, 2008)
February 7, 2008 34 ORDER granting 33 Motion to Appear Telephonically. Signed by Judge Gregory A. Presnell on 2/7/2008. All parties wishing to appear by phone shall gather on a conference call and make a single phone call to 407-835-3832 at least 5 minutes prior to the time of the hearing. (AEB) (Entered: February 7, 2008)
February 7, 2008 35 ORDER granting 29 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 2/7/2008. (BJP) (Entered: 02/07/2008)
February 7, 2008 36 MEMORANDUM in opposition re 31 Motion to extend time to file Their Motion for Class Certification filed by Walt Disney World Co.. (Kushner, Manuel) (Entered: February 7, 2008)
February 7, 2008 37 Minute Entry. Proceedings held before Judge Gregory A. Presnell: Motion Hearing held on 2/7/2008 re 31 Emergency MOTION to extend time to File Class Certification Motion filed by Mahala Ault, Dan Wallace, Stacie Rhea, 30 MOTION to Redesignate as a Track Three Case filed by Mahala Ault, Dan Wallace, Stacie Rhea. Court denies motion to redesignate and grants motion to extend time as stated in open court. Written order to follow. Court Reporter: Diane Peede (AKJ) (Entered: February 7, 2008)
February 8, 2008 38 ENDORSED ORDER denying without prejudice 30 Motion for re-designation. Signed by Judge Gregory A. Presnell on 2/8/2008. (AEB) (Entered: February 8, 2008)
February 8, 2008 39 ORDER granting 31 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/8/2008. Plaintiffs' Motion for Class Certification is due on May 30, 2008. Parties may begin discovery related to class certification on Monday February 11, 2008. Defendant's response to the Motion for Class Certification will be due thirty days after the motion is filed. (AEB) (Entered: February 8, 2008)
February 19, 2008 40 MEMORANDUM in opposition re 20 Motion to dismiss filed by Mahala Ault, Stacie Rhea, Dan Wallace. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Baker, John) (Entered: February 19, 2008)
February 20, 2008 41 ORDER granting 20 Motion to dismiss. Signed by Judge Gregory A. Presnell on 2/20/2008. Plaintiffs shall have leave to file an amended complaint within 10 days of this Order. (AEB) (Entered: February 20, 2008)
March 3, 2008 42 CASE MANAGEMENT REPORT. (Johnson, Nancy) (Entered: March 3, 2008)
March 4, 2008 43 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 3/4/2008. (TKW) (Entered: March 4, 2008)
March 5, 2008 44 MOTION TO ADD SUPPLEMENTAL FACTS TO THEIR AMENDED COMPLAINT PURSUANT TO RULE 15(d) by Mahala Ault, Stacie Rhea, Dan Wallace. (Attachments: # 1 Exhibit A)(Johnson, Nancy) (Entered: March 5, 2008)
March 11, 2008 45 AGREED MOTION to stay discovery pending decision on preliminary motions by Mahala Ault. (Johnson, Nancy) Motions referred to Magistrate Judge Karla R. Spaulding. (Text modified on 3/12/2008) (RDO). (Entered: March 11, 2008)
March 12, 2008 46 ORDER granting 45 Motion to stay discovery. Signed by Judge Gregory A. Presnell on 3/12/2008. Class-related discovery shall be STAYED for 30 days. Plaintiffs' Motion for Class Certification shall be due on June 30, 2008 and Defendant's response will be due 30 days after the motion is filed. (AEB) (Entered: 03/12/2008)
March 24, 2008 47 MEMORANDUM in opposition re 44 Motion for miscellaneous relief filed by Walt Disney World Co.. (White, Jeremy) (Entered: 03/24/2008)
March 25, 2008 48 ORDER granting 44 Motion to file a supplemental pleading. Signed by Judge Gregory A. Presnell on 3/25/2008. Plaintiffs shall file the Supplemental Pleading within 5 days of this Order and Defendant shall respond to that complaint within 30 days of it being filed. (AEB) (Entered: March 25, 2008)
April 1, 2008 49 AMENDED COMPLAINT against Walt Disney World Co. filed by Mahala Ault, Stacie Rhea, Dan Wallace.(Dempsey, Bernard) (Entered: April 1, 2008)
May 1, 2008 50 MOTION to dismiss First Amended Complaint and Memorandum of Law in Support Thereof by Walt Disney World Co.. (White, Jeremy) (Entered: May 1, 2008)
May 12, 2008 51 MEMORANDUM in opposition re 50 Motion to dismiss filed by Mahala Ault, Stacie Rhea, Dan Wallace. (Baker, John) (Entered: 05/12/2008)
May 13, 2008 52 ORDER denying 50 Motion to dismiss. Signed by Judge Gregory A. Presnell on 5/13/2008. (AEB) (Entered: May 13, 2008)
May 28, 2008 53 ANSWER and affirmative defenses to 49 Amended complaint by Walt Disney World Co..(White, Jeremy) (Entered: May 28, 2008)
June 16, 2008 54 Unopposed MOTION TO POSTPONE FOR ONE WEEK THE FILING OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND WORLDCO'S RESPONSE THERETO by all plaintiffs. (Dempsey, Bernard) (Entered: 06/16/2008)
June 17, 2008 55 ENDORSED ORDER granting 54 Motion for extension of time. Signed by Judge Gregory A. Presnell on 6/17/2008. Plaintiffs' Motion for Class Certification is due on July 7, 2008 and Defendant's Response thereto is due on August 7, 2008. (AEB) (Entered: June 17, 2008)
June 30, 2008 56 MOTION to Intervene/for Recusal/for Preliminary Injunction/for Temorary Restraining Order by Jonathan Lee Riches. (RDO) (Entered: June 30, 2008)
June 30, 2008 57 ENDORSED ORDER denying as frivolous 56 Motion to intervene/Motion for Preliminary Injunction/Motion for Temporary Restraining Order/Motion for Recusal. Signed by Judge Gregory A. Presnell on 6/30/2008. (AEB) (Entered: June 30, 2008)
July 3, 2008 58 MOTION for Extension of Time to File Plaintiffs' Motion for Class Certification by Dan Wallace. (Baker, John) (Entered: July 3, 2008)
July 3, 2008 59 ENDORSED ORDER granting 58 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 7/3/2008. (ED) (Entered: July 3, 2008)
July 7, 2008 60 MOTION for Extension of Time to File Motion for Class Certification and Worldco's Opposition Thereto by all parties. (Baker, John) (Entered: July 7, 2008)
July 8, 2008 61 ENDORSED ORDER granting 60 Motion for Extension of Time to File. Motion for class certification due August 29, 2008; opposition to that motion due September 30, 2008. No further extensions of these deadlines will be granted. Signed by Judge Gregory A. Presnell on 7/8/2008. (ED) (Entered: July 8, 2008)
July 9, 2008 62 ORDER TO SHOW CAUSE as to Jonathan Lee Riches why sanctions should not be imposed for filing of frivolous motions to intervene. Show Cause Response due by 8/11/2008 Signed by Judge Gregory A. Presnell on 7/9/2008. (ED) (Entered: July 9, 2008)
August 1, 2008 63 NOTICE OF APPEAL by Jonathan Lee Riches as to 57 Order to Intervene. Filing fee not paid. (VEF) Modified on 8/4/2008 (VEF). (Entered: August 4, 2008)
August 4, 2008 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 63 Notice of appeal. (VEF) (Entered: August 4, 2008)
August 13, 2008 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 8/8/08 re 63 Notice of appeal. USCA number: 08-14480-F. (VEF) (Entered: August 14, 2008)
August 28, 2008 64 MOTION for Extension of Time to File Class Certification Motion by all parties. (Baker, John) (Entered: August 28, 2008)
August 29, 2008 65 ORDER denying 64 Motion for Extension of Time to File. Signed by Judge Gregory A. Presnell on 8/29/2008. (AEB) (Entered: 08/29/2008)
August 29, 2008 66 MOTION to certify class by all plaintiffs. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 1c, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Baker, John) (Entered: August 29, 2008)
August 29, 2008 67 NOTICE by Mahala Ault of Filing Affidavit of Bernard H. Dempsey, Jr., Esquire (Attachments: # 1 Affidavit of Bernard H. Dempsey, Jr.)(Dempsey, Bernard) Text modified on 9/2/2008 (RDO). (Entered: August 29, 2008)
August 29, 2008 68 NOTICE by Mahala Ault of Filing Affidavit (Attachments: # 1 Affidavit of Dan Ault)(Dempsey, Bernard) Text modified on 9/2/2008 (RDO). (Entered: August 29, 2008)
September 17, 2008 69 ORDER of USCA, Remanding the appeal back to the District Court for determination of when the notice of appeal was delivered to prison officials for forwarding to the D.C. as to 63 Notice of appeal. EOD: 9/12/08; USCA number: 08-14480-F. (VEF) (Entered: September 17, 2008)
September 19, 2008 70 NOTICE OF FINDINGS. Clerk directed to return record, as supplemented, to Court of Appeals. Signed by Judge Gregory A. Presnell on 9/19/2008. (ED) (Entered: September 19, 2008)
September 30, 2008 71 MOTION Seeking Oral Argument in Support of Plaintiff's Motion for Class Certification by Mahala Ault, Stacie Rhea, Dan Wallace. (Baker, John) (Entered: September 30, 2008)
September 30, 2008 72 MEMORANDUM in opposition re 66 Motion to certify class filed by Walt Disney World Co.. (Attachments: # 1 Exhibit Excerpts from Wallace Deposition, # 2 Exhibit Excerpts from Hale Deposition, # 3 Exhibit Cardinali Declaration, # 4 Exhibit Getting Started Manual, # 5 Exhibit Segway HT Riders' Guide, # 6 Exhibit Excerpts from Ault Deposition, # 7 Exhibit Excerpts from Rhea Deposition)(White, Jeremy) (Entered: September 30, 2008)
October 10, 2008 73 ORDER granting 71 Motion for Oral Argument on Class Certification Motion. A hearing has been set for Tuesday, October 28, 2008, at 9:00 a.m. in Courtroom 5A. Signed by Judge Gregory A. Presnell on 10/10/2008. (TFF) (Entered: October 10, 2008)
October 22, 2008 74 ORDER of USCA, dismissing the appeal for want of prosecution as to 63 Notice of appeal. EOD: 10/20/08; USCA number: 08-14480-F. Issued as mandate. (VEF) (Entered: October 23, 2008)
October 28, 2008 75 Minute Entry. Proceedings held before Judge Gregory A. Presnell: Motion Hearing held on 10/28/2008 re 66 MOTION to certify class filed by Mahala Ault, Dan Wallace, Stacie Rhea. Court Reporter: Diane Peede (AKJ) (Entered: October 28, 2008)
October 28, 2008 76 ORDER abating consideration of 66 Plaintiffs' Motion for Class Certification until FRIDAY, DECEMBER 5, 2008. Signed by Judge Gregory A. Presnell on 10/28/2008. (TFF) (Entered: October 28, 2008)
December 5, 2008 77 AGREED MOTION for leave to file to Amend Plaintiffs' Frist Amended Complaint to Add Class Allegations by all parties. (Attachments: # 1 Exhibit A)(Baker, John) Text modified on 12/8/2008 (RDO). (Entered: December 5, 2008)
December 5, 2008 78 Joint MOTION to certify class for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release by all parties. (Attachments: # 1 Exhibit 1)(Baker, John) (TERMINATED ON 12/8/2008. WRONG EXHIBITS ATTACHED BUT RE-FILED AT 79 ) (RDO). (Entered: December 5, 2008)
December 5, 2008 79 Joint MOTION to certify class for Conditional Class Certification and Preliminary Approval of Joint Stipulation of Settlement and Release by all parties. (Attachments: # 1 Exhibit 1 - Joint Stipulation of Settlement and Release, # 2 Exhibit A to Joint Stipulation of Settlement and Release)(White, Jeremy) (Entered: December 5, 2008)
Docket Report Last Checked: December 8, 2008 14:16:28 PST
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Plaintiff: Mahala Ault
Represented By: Bernard H. Dempsey, Jr., Nancy A. Johnson
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Plaintiff: Stacie Rhea
Represented By: Bernard H. Dempsey, Jr., Nancy A. Johnson
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Plaintiff: Dan Wallace
Represented By: Bernard H. Dempsey, Jr., Nancy A. Johnson
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Defendant: Walt Disney World Co.
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