AUSTIN v. BONEFISH GRILL et al
| Pennsylvania Eastern District Court | |
| Judge: | Timothy R Rice |
| Case #: | 2:16-cv-06509 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Dec 19, 2016 |
| Terminated: | Sep 26, 2017 |
| Last checked: Saturday Jun 17, 2017 6:30 AM EDT |
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Defendant
BLOOMIN' BRANDS, INC.
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Represented By
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Defendant
BONEFISH GRILL
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Represented By
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Defendant
JOHN DOES 1-100
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Defendant
OS RESTARANT SERVICES
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Represented By
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Plaintiff
MARK AUSTIN
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Represented By
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| TERMINATED PARTIES | |
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Defendant
MICHAEL MCCANN
Terminated: 01/11/2017
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Represented By
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Defendant
KEVIN ROTHERY
Terminated: 02/08/2017
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Represented By
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Defendant
MICHAEL MCMANN
Terminated: 02/08/2017
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Represented By
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| Docket last updated: 12/31/2025 11:59 PM EST |
| Tuesday, September 26, 2017 | ||
| 49 | 49
ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 9/26/2017. 9/27/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| Friday, September 15, 2017 | ||
| 48 | 48
Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Final Pretrial Conference held on 9/14/2017. (sg, ) Modified on 9/18/2017 (afm, ) |
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| 47 | 47
Proposed Jury Instructions by BLOOMIN' BRANDS, INC., OS RESTARANT SERVICES. (JOHNSON, KEVIN) |
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| 46 | 46
TRIAL BRIEF - Pretrial Memorandum by BLOOMIN' BRANDS, INC., OS RESTARANT SERVICES.(JOHNSON, KEVIN) |
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| 45 | 45
Proposed Verdict Sheet by BLOOMIN' BRANDS, INC., OS RESTARANT SERVICES.. (JOHNSON, KEVIN) |
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| 44 | 44
Proposed Voir Dire by BLOOMIN' BRANDS, INC., OS RESTARANT SERVICES. (JOHNSON, KEVIN) |
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| 43 | 43
Proposed Jury Instructions by MARK AUSTIN. (LOCKMAN, RYAN) |
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| 42 | 42
Proposed Verdict Sheet by MARK AUSTIN.. (LOCKMAN, RYAN) |
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| 41 | 41
Proposed Voir Dire by MARK AUSTIN. (LOCKMAN, RYAN) |
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| 40 | 40
TRIAL BRIEF - Plaintiff's Pretrial Memo by MARK AUSTIN. (LOCKMAN, RYAN) |
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| Friday, September 08, 2017 | ||
| 39 | 39
ORDER granting [doc.37] MOTION IN LIMINE. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 09/08/2017.09/08/2017 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cms) |
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| 38 | 38
RESPONSE to Motion re37 MOTION in Limine filed by MARK AUSTIN. (LOCKMAN, RYAN) |
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| Friday, September 01, 2017 | ||
| 37 | 37
MOTION in Limine filed by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES..(JOHNSON, KEVIN) |
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| Wednesday, August 30, 2017 | ||
| 36 | 36
ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JDUGMENT (DOC.29 ) IS GRANTED AS TO PLAINTIFF MARK AUSTIN'S SEX DISCRIMINATION CLAIM (COUNT I); GRANTED AS TO AUSTIN'S RACE DISCRIMINATION CLAIM (COUNT II); AND DENIED AS TO AUTIN'S RETALIATION CLAIM (COUNT III). SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 8/30/2017. 8/30/2017 ENTERED AND COPIES E-MAILED.(sg, ) |
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| 35 | 35
MEMORANDUM AND/OR OPINION. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 8/30/2017. 8/30/2017 ENTERED AND COPIES E-MAILED.(sg, ) |
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| Monday, July 31, 2017 | ||
| 34 | 34
FOURTH AMENDED SCHEDULING ORDER THAT BY 9/1/2017 ALL MOTIONS IN LIMINE SHALL BE FILED. BY 9/15/2017 ALL PARTIES SHALL FILE WITH THE CLERK OF COURT THEIR PRETRIAL MEMORANDA, ETC. FINAL PRETRIAL CONFERENCE SET FOR 9/29/2017 AT 9:30 A.M., VIA TELECONFERENCE. JURY SELECTION SET FOR 10/2/2017 AT 9:30 A.M. IN COURTROOM 3G. TRIAL DATE SET FOR 10/2/2017 AT 9:30 A.M. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 7/31/17. 7/31/17 ENTERED AND COPIES MAILED AND E-MAILED. (kw, ) |
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| 33 | 33
REPLY to Response to Motion re29 MOTION for Summary Judgment Defendants' Responses to Plaintiff's Counter-Statement of Facts filed by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES. (JOHNSON, KEVIN) |
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| Monday, July 24, 2017 | ||
| 32 | 32
RESPONSE in Opposition re29 MOTION for Summary Judgment filed by MARK AUSTIN.(LOCKMAN, RYAN) |
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| Friday, July 14, 2017 | ||
| 31 | 31
SCHEDULING ORDER: PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DUE BY 7/24/2017. FINAL PRETRIAL CONFERENCE SET FOR 9/13/2017 09:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. MOTION IN LIMINE DUE BY 8/21/2017. PLAINTIFF PRETRIAL MEMO DUE BY 9/5/2017. DEFENDANT PRETRIAL MEMO DUE BY 9/5/2017. TRIAL DATE SET FOR 10/2/2017 09:30 AM IN COURTROOM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 7/13/2017. 7/14/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| Thursday, July 13, 2017 | ||
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utility
Set Motion and R&R Deadlines/Hearings
Fri 07/14 9:30 AM
Set/Reset Deadlines as to29 MOTION for Summary Judgment . RESPONSES DUE BY 7/24/2017. (sg, ) |
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| Tuesday, July 11, 2017 | ||
| 30 | 30
APPLICATION/PETITION - Letter from Plaintiff's Counsel Requesting A One Week Extension To File Response Brief to Motion for Summary Judgment, from July 17 to July 24, 2017 by MARK AUSTIN. (LOCKMAN, RYAN) |
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| Tuesday, June 27, 2017 | ||
| 29 | 29
MOTION for Summary Judgment filed by BLOOMIN' BRANDS, INC., OS RESTARANT SERVICES.Brief, Certificate of Service.(JOHNSON, KEVIN) |
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| Thursday, June 01, 2017 | ||
| 28 | 28
NOTICE cancelling settlement conference set for June 14, 2017 at 1:30 P.M., before Magistrate Judge Timothy R. Rice. (cms) |
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| Thursday, May 18, 2017 | ||
| 27 | 27
SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 9/13/2017 09:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. SETTLEMENT CONFERENCE SET FOR 6/14/2017 01:30 PM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. JURY SELECTION SET FOR 10/2/2017 09:30 AM IN COURTROOM 3G BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. DISPOSITIVE MOTIONS DUE BY 6/27/2017. MOTION IN LIMINE DUE BY 8/14/2017. PLAINTIFF PRETRIAL MEMO DUE BY 8/28/2017. DEFENDANT PRETRIAL MEMO DUE BY 8/28/2017. TRIAL DATE SET FOR 10/2/2017 09:30 AM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 5/18/2017. 5/18/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| 26 | 26
Minute Entry for proceedings held before MAGISTRATE JUDGE TIMOTHY R. RICE Pretrial Conference held on 5/17/2017. (sg, ) |
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| Wednesday, May 17, 2017 | ||
| 25 | 25
NOTICE of Hearing: SETTLEMENT CONFERENCE RESET FOR 6/14/2017 AT 1:30 P.M. IN JUDGE'S CHAMBERS (ROOM 3029) BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE.(cms) |
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utility
Set/Reset Hearings
Thu 05/18 8:19 AM
Set/Reset Hearings per Doc.25 : SETTLEMENT CONFERENCE SET FOR 6/14/2017 AT 1:30 PM BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE. (lisad, ) |
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| Friday, May 12, 2017 | ||
| 24 | 24
ORDERED THAT THIS CASE IS REFERRED TO MAGISTRATE JUDGE TIMOTHY R. RICE TO CONDUCT ALL PROCEEDINGS AND ORDER THE ENTRY OF A FINAL JUDGMENT IN ACCORDANCE WITH 28 U.S.C. SECTION 636(C) AND FED.R.CIV.P.73. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/12/17. 5/12/17 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, ) |
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| Thursday, May 11, 2017 | ||
| 23 | 23
CONSENT to Jurisdiction by US Magistrate Judge by MARK AUSTIN.. (LOCKMAN, RYAN) |
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| Tuesday, May 09, 2017 | ||
| 22 | 22
Corrected LETTER request to the Honorable Paul S. Diamond, U.S.D.J. to adjourn pe-trial conference and trial date by MARK AUSTIN. (LOCKMAN, RYAN) Modified on 5/10/2017 (lisad, ) |
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| 21 | 21
LETTER request to the Honorable Paul S. Diamond, U.S.D.J. to adjourn pre-trial conference and trial date by MARK AUSTIN. (LOCKMAN, RYAN) Modified on 5/10/2017 (lisad, ) |
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| Friday, May 05, 2017 | ||
| 20 | 20
NOTICE of Hearing: SETTLEMENT CONFERENCE RESET FOR 6/6/2017 AT 1:30 P.M., IN JUDGE'S CHAMBERS (ROOM 3029) BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE.(cms) Modified on 5/5/2017 (nd, ) |
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| Thursday, May 04, 2017 | ||
| 19 | 19
AMENDED SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 8/16/2017 AT 10:00 AM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND. DISPOSITIVE MOTIONS DUE BY 6/20/2017. MOTION IN LIMINE DUE BY 8/4/2017. MOTION FOR SUMMARY JUDGMENT DUE BY 6/20/2017. PLAINTIFF PRETRIAL MEMO DUE BY 8/1/2017. DEFENDANT PRETRIAL MEMO DUE BY 8/1/2017. TRIAL DATE SET FOR 8/22/2017 AT 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 5/4/2017. 5/4/2017 ENTERED AND COPIES MAILED AND E-MAILED.(nl, ) |
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| 18 | 18
LETTER to Chambers of the Honorable Paul S. Diamond re request for extension of deadline to file dispositive motions (upon consent) by OS RESTARANT SERVICES, BONEFISH GRILL, BLOOMIN' BRANDS, INC. (MACDONALD, JOHN) Modified on 5/4/2017 (lisad, ) |
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| Thursday, April 06, 2017 | ||
| 17 | 17
ORDER THAT CHRISTOPHER C. JOHNSON'S APPLICATION FOR PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/6/2017.4/6/2017 ENTERED AND COPIES MAILED AND E-MAILED.(nl, ) |
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| Wednesday, April 05, 2017 | ||
| 16 | 16
MOTION for Pro Hac Vice Admission of Christopher C. Johnson, Esq. ( Filing fee $ 40 receipt number 0313-11982871.) filed by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES.Certificate of Service.(MACDONALD, JOHN) |
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| Tuesday, April 04, 2017 | ||
| 15 | 15
NOTICE of Hearing: SETTLEMENT CONFERENCE SET FOR 5/15/2017 AT 9:30 A.M., IN JUDGE'S CHAMBERS (ROOM 3029) BEFORE MAGISTRATE JUDGE TIMOTHY R. RICE.(cms) |
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| Thursday, March 02, 2017 | ||
| 14 | 14
SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 7/19/2017 10:00 AM BEFORE HONORABLE PAUL S. DIAMOND. DISCOVERY DUE BY 5/2/2017. DISPOSITIVE MOTIONS DUE BY 5/23/2017. MOTION IN LIMINE DUE BY 7/7/2017. MOTION FOR SUMMARY JUDGMENT DUE BY 5/23/2017. PLAINTIFF PRETRIAL MEMO DUE BY 7/3/2017. DEFENDANT PRETRIAL MEMO DUE BY 7/3/2017. TRIAL DATE SET FOR 7/25/2017 09:30 AM IN COURTROOM BEFORE HONORABLE PAUL S. DIAMOND. SIGNED BY HONORABLE PAUL S. DIAMOND ON 3/1/2017. 3/2/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| 13 | 13
Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND Pretrial Conference held on 3/1/2017. (sg, ) |
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| Thursday, February 23, 2017 | ||
| 12 | 12
ORDER THAT KEVIN D. JOHNSON'S APPLICATION FOR PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/22/2017.2/23/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| Thursday, February 16, 2017 | ||
| 11 | 11
MOTION for Pro Hac Vice Admission of Kevin D. Johnson filed by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES.Certificate of Service.(MACDONALD, JOHN) |
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| Thursday, February 09, 2017 | ||
| 10 | 10
STIPULATION AND ORDER THAT THE CLAIMS AGAINST MICHAEL MCMANN AND KEVIN ROTHERY ARE HEREBY DISMISSED WITH PREJUDICE. THE PENDING MOTION TO DISMISS IS THERE TERMINATED AS MOOT. ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/9/2017. 2/10/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| 9 | 9
NOTICE of Hearing: SCHEDULING CONFERENCE SET FOR 3/1/2017 02:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE PAUL S. DIAMOND.(cj, ) |
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| Wednesday, February 08, 2017 | ||
| 8 | 8
STIPULATION of Dismissal as to Individual Defendants Michael McCann and Kevin Rothery ONLY. by MARK AUSTIN. (LOCKMAN, RYAN) |
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| Tuesday, February 07, 2017 | ||
| 7 | 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MICHAEL MCMANN, KEVIN ROTHERY.Memorandum, proposed form of Order and Certificate of Service.(MACDONALD, JOHN) |
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| 6 | 6
Disclosure Statement Form pursuant to FRCP 7.1 including Outback Steakhouse of Florida, LLC by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES.(MACDONALD, JOHN) |
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| 5 | 5
ANSWER to1 Complaint by BLOOMIN' BRANDS, INC., BONEFISH GRILL, OS RESTARANT SERVICES.(MACDONALD, JOHN) |
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| Friday, January 20, 2017 | ||
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misc
Letter to Attorney re: L.R.
Fri 01/20 11:20 AM
Letter to Attorney ROBERT C SEIGER, III re: L.R. 83.5 and 83.5.2. (eibo, ) |
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| Thursday, January 12, 2017 | ||
| 4 | 4
STANDING ORDER ENTERED AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/10/2017. 1/12/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| Wednesday, January 11, 2017 | ||
| 3 | 3
STIPULATION AND ORDER THAT THE CAPTIONED IS HEREBY AMENDED SO AS TO REFLECT THAT DEFENDANT MICHAEL MCCANN IS NOW LISTED AS DEFENDANT MICHAEL MCMANN. COUNSEL FOR DEFENDANTS AGREE TO ACCEPT SERVICE ON BEHALF OF DEFENDANT MICHAEL MCMANN. COUNSEL FOR DEFENDANTS SHALL HAVE UNTIL 2/10/2017 TO FILE AN ANSWER ON BEHALF OF ALL DEFENDANTS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/11/2017. 1/12/2017 ENTERED AND COPIES MAILED AND E-MAILED.(sg, ) |
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| 2 | 2
STIPULATION As to Caption Regarding Michael McCann by MARK AUSTIN. (LOCKMAN, RYAN) |
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| Monday, December 19, 2016 | ||
| 1 | 1
COMPLAINT against BLOOMIN' BRANDS, INC., BONEFISH GRILL, JOHN DOES 1-100, MICHAEL MCCANN, OS RESTARANT SERVICES, KEVIN ROTHERY ( Filing fee $ 400 receipt number 151907.), filed by MARK AUSTIN.(jwl, ) |
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service
Summons Issued
Tue 12/20 9:18 AM
Summons Issued as to BLOOMIN' BRANDS, INC., BONEFISH GRILL, MICHAEL MCCANN, OS RESTARANT SERVICES, KEVIN ROTHERY. Five Forwarded To: Counsel on 12/20/16 (jwl, ) |
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misc
Jury Demand
Tue 12/20 9:19 AM
DEMAND for Trial by Jury by MARK AUSTIN. (jwl, ) |
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