Gavin et al v. Morain
| Mississippi Southern District Court | |
| Judge: | Taylor B Mcneel |
| Referred: | Robert P Myers, Jr |
| Case #: | 1:22-cv-00137 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jun 02, 2022 |
| Terminated: | May 11, 2023 |
| Last checked: Tuesday Nov 29, 2022 2:28 AM CST |
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Defendant
Brandon Morain
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Represented By
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Plaintiff
Michael Gavin
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Represented By
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Plaintiff
Carroll Gavin
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Airbnb, Inc.
Terminated: 07/12/2022
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| Docket last updated: 04/30/2025 11:59 PM CDT |
| Thursday, May 11, 2023 | ||
| 48 | 48
order
Judgment
Thu 05/11 11:04 AM
JUDGMENT OF DISMISSAL: case dismissed with prejudice as to all parties, with each party to bear its own costs. Signed by District Judge Taylor B. McNeel on 5/11/2023 (wld) |
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| Wednesday, April 19, 2023 | ||
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minutes
Settlement Conference
Wed 04/19 1:50 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Robert P. Myers, Jr: Settlement Conference held on 4/19/2023. The case settled at the conference. The terms of the settlement were placed on the record. The parties shall have 14 days to consummate the settlement. Absent the parties requesting additional time to effectuate settlement, the Court will enter a final judgment of dismissal with prejudice. APPEARANCES: Carroll Gavin (Plaintiff); Michael Gavin (Plaintiff); David Baria (counsel for Plaintiffs); Brannon Berry (counsel for Plaintiffs); Brandon Morain (Defendant); J. Henry Ros (Counsel for Defendant), and Tony DelVecchio (corporate representative). (ELC) |
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| Friday, April 07, 2023 | ||
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misc
Docket Annotation
Fri 04/07 5:42 PM
DOCKET ANNOTATION as to #46: This document is titled, Objection and Motion to Strike but was only docketed as a Motion. (RLW) |
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| Thursday, April 06, 2023 | ||
| 47 | 47
2
pgs
respm
Memorandum in Support of Motion
Thu 04/06 3:59 PM
MEMORANDUM in Support re46 MOTION to Strike45 Rebuttal, Defendant's Exhibit "C" filed by Carroll Gavin, Michael Gavin (Baria, David) |
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| 46 | 46
motion
Strike
Thu 04/06 3:57 PM
MOTION to Strike45 Rebuttal, Defendant's Exhibit "C" by Carroll Gavin, Michael Gavin (Baria, David) |
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| Wednesday, April 05, 2023 | ||
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notice
Notice of Calendar Setting
Wed 04/05 9:14 AM
NOTICE of Calendar Setting: Reminder of the settlement conference previously set for 4/19/2023 09:30 AM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers Jr. Counsel are instructed to submit to Judge Myers, seven (7) days prior to the conference, a memorandum (3-page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Myers via e-mail (myers_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (SR) |
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| Friday, March 31, 2023 | ||
| 45 | 45
respm
Rebuttal
Fri 03/31 4:12 PM
Rebuttal re39 MOTION for Summary Judgment filed by Brandon Morain(Ros, J.) |
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Att: 1
Exhibit A: photos,
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Att: 2
Exhibit B: receipts,
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Att: 3
Exhibit C: chart,
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Att: 4
Exhibit D; Dunfee excerpts,
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Att: 5
Exhibit E: C. Gavin excerpts,
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Att: 6
Exhibit F: W. Gavin excerpts,
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Att: 7
Exhibit G: M. Molina excerpts,
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Att: 8
Exhibit H: Darrow excerpts
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| Monday, March 20, 2023 | ||
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misc
Docket Annotation
Mon 03/20 12:07 PM
DOCKET ANNOTATION as to #44: Advising when prompted, this entry should have been linked to39 Motion for Summary Judgment. Attorney is not required to re-file. (RLW) |
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| Friday, March 17, 2023 | ||
| 44 | 44
motion
Extension of Time to File Response/Reply
Fri 03/17 1:10 PM
Unopposed MOTION for Extension of Time to File Response/Reply in Further Support of Motion for Summary Judgment by Brandon Morain (Ros, J.) |
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order
Order on Motion for Extension of Time to File Response/Reply
Fri 03/17 3:08 PM
TEXT ONLY ORDER granting Defendant's44 Unopposed Motion for Extension of Time. Defendant's reply is now due by 04/01/2023. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 03/17/2023. (JDP) |
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| Wednesday, March 15, 2023 | ||
| 43 | 43
23
pgs
respm
Memorandum in Opposition to Motion
Wed 03/15 11:59 AM
MEMORANDUM in Opposition re39 MOTION for Summary Judgment filed by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 42 | 42
respm
Response in Opposition to Motion
Wed 03/15 11:57 AM
RESPONSE in Opposition re39 MOTION for Summary Judgment filed by Carroll Gavin, Michael Gavin(Berry, Brannon) |
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Att: 1
Exhibit 1 - Photos of Obstructed Staircase,,
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Att: 2
Exhibit 2 - Purchase Receipts,
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Att: 3
Exhibit 3 - W. Gavin Deposition,
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Att: 4
Exhibit 4 - Morain Deposition,
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Att: 5
Exhibit 5 - C. Gavin Deposition,
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Att: 6
Exhibit 6 - Dunfee Deposition,
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Att: 7
Exhibit 7 - Photos Depicting Unobstructed Width of Subject Staircase,
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Att: 8
Exhibit 8 - Harrison County Adoption of International Building Code (2018), and IBLDG18CD at §§ 1011.2, 1009.3.2,
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Att: 9
Exhibit 9 - Molina Deposition,
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Att: 10
Exhibit 10 - Darrow Deposition
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| Thursday, February 23, 2023 | ||
| 41 | 41
motion
Extension of Time to File Response/Reply
Thu 02/23 11:59 AM
Unopposed MOTION for Extension of Time to File Response/Reply as to39 MOTION for Summary Judgment by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 02/23 12:22 PM
TEXT ONLY ORDER granting41 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' Response to39 Defendant's Motion for Summary Judgment is now due by 03/16/2023. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Taylor B. McNeel on 02/23/2023. (JDP) |
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| Monday, February 20, 2023 | ||
| 40 | 40
11
pgs
respm
Memorandum in Support
Mon 02/20 3:48 PM
MEMORANDUM IN SUPPORT re39 MOTION for Summary Judgment filed by Brandon Morain (Ros, J.) |
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| 39 | 39
motion
Summary Judgment
Mon 02/20 3:47 PM
MOTION for Summary Judgment by Brandon Morain(Ros, J.) |
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Att: 1
Exhibit 1: photo of house,
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Att: 2
Exhibit 2: Darrow excerpts,
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Att: 3
Exhibit 3: Dunfee excerpts,
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Att: 4
Exhibit 4: photo of stairs,
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Att: 5
Exhibit 5: C. Gavin excerpts,
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Att: 6
Exhibit 6: M. Gavin excerpts,
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Att: 7
Exhibit 7: E. Molino excerpts,
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Att: 8
Exhibit 8: W. Gavin excerpts,
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Att: 9
Exhibit 9: A. Lizana excerpts,
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Att: 10
Exhibit 10: photo of lighting on stairs
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| Friday, January 13, 2023 | ||
| 38 | 38
discov
Notice to Take Deposition
Fri 01/13 10:52 AM
NOTICE to Take Deposition of Matthew Molina by Brandon Morain (Ros, J.) |
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| 37 | 37
discov
Notice to Take Deposition
Fri 01/13 10:50 AM
NOTICE to Take Deposition of Erin Molina by Brandon Morain (Ros, J.) |
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| 36 | 36
discov
Notice to Take Deposition
Fri 01/13 10:49 AM
NOTICE to Take Deposition of Will Gavin by Brandon Morain (Ros, J.) |
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| Thursday, January 12, 2023 | ||
| 35 | 35
discov
Notice to Take Deposition
Thu 01/12 2:54 PM
NOTICE to Take Deposition of Tanya Darrow by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 34 | 34
discov
Notice to Take Deposition
Thu 01/12 2:53 PM
NOTICE to Take Deposition of Alex Lizana by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 33 | 33
discov
Notice to Take Deposition
Thu 01/12 2:52 PM
NOTICE to Take Deposition of Christy Dunfee by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| Monday, January 09, 2023 | ||
| 32 | 32
notice
Notice of Intent to Serve Subpoena
Mon 01/09 3:29 PM
NOTICE OF INTENT TO SERVE SUBPOENA by Carroll Gavin, Michael Gavin(Berry, Brannon) |
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Att: 1
Exhibit SDT - Harrison County Building Code Administration
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| Wednesday, January 04, 2023 | ||
| 31 | 31
notice
Notice of Intent to Serve Subpoena
Wed 01/04 11:38 AM
NOTICE OF INTENT TO SERVE SUBPOENA by Carroll Gavin, Michael Gavin(Berry, Brannon) |
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Att: 1
Exhibit A-Subpoena Duces Tecum City of Pass Christian, Community Development and Code Enforcement
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| Thursday, December 29, 2022 | ||
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order
Order on Motion to Extend Deadline
Thu 12/29 9:40 AM
TEXT ONLY ORDER granting30 Joint Motion to Extend discovery and motion Deadline. Discovery due by 2/3/2023; Dispositive and Daubert-type motions due by 2/21/2023. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on December 29, 2022 (SK) |
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| Wednesday, December 28, 2022 | ||
| 30 | 30
motion
Extend Deadline
Wed 12/28 4:59 PM
Joint MOTION to Extend discovery and motion Deadline by Brandon Morain (Ros, J.) |
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| Monday, December 12, 2022 | ||
| 29 | 29
discov
Notice of Service of Response to Request for Production
Mon 12/12 9:30 AM
NOTICE of Service of Response to Request for Production by Brandon Morain (Ros, J.) |
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| 28 | 28
discov
Notice of Service of Response to Interrogatories
Mon 12/12 9:30 AM
NOTICE of Service of Response to Interrogatories by Brandon Morain (Ros, J.) |
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| Wednesday, December 07, 2022 | ||
| 27 | 27
discov
Notice to Take Deposition
Wed 12/07 3:04 PM
NOTICE to Take Deposition of Michael Gavin by Brandon Morain (Ros, J.) |
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| 26 | 26
discov
Notice to Take Deposition
Wed 12/07 3:04 PM
NOTICE to Take Deposition of Carroll Gavin by Brandon Morain (Ros, J.) |
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| 25 | 25
discov
Notice to Take Deposition
Wed 12/07 2:06 PM
NOTICE to Take Deposition of Brandon Morain by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| Friday, December 02, 2022 | ||
| 24 | 24
discov
Notice of Service of Response to Request for Admissions
Fri 12/02 3:15 PM
NOTICE of Service of Response to Request for Admissions by Brandon Morain (Ros, J.) |
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| Friday, November 11, 2022 | ||
| 23 | 23
discov
Notice of Service of Request for Production
Fri 11/11 4:26 PM
NOTICE of Service of Request for Production by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 22 | 22
discov
Notice of Service of Interrogatories
Fri 11/11 4:25 PM
NOTICE of Service of Interrogatories by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 21 | 21
discov
Notice of Service of Request for Admissions
Fri 11/11 4:25 PM
NOTICE of Service of Request for Admissions by Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| 20 | 20
notice
Notice of Appearance
Fri 11/11 3:49 PM
NOTICE of Appearance by Brannon L. Berry on behalf of Carroll Gavin, Michael Gavin (Berry, Brannon) |
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| Wednesday, October 26, 2022 | ||
| 19 | 19
discov
Notice of Service of Response to Request for Production
Wed 10/26 9:15 AM
NOTICE of Service of Response to Request for Production by Carroll Gavin, Michael Gavin (Baria, David) |
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| 18 | 18
discov
Notice of Service of Response to Interrogatories
Wed 10/26 9:14 AM
NOTICE of Service of Response to Interrogatories by Carroll Gavin, Michael Gavin (Baria, David) |
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| Tuesday, October 25, 2022 | ||
| 17 | 17
discov
Notice of Service of Response to Request for Production
Tue 10/25 2:21 PM
**ERROR**Disregard this entry. NOTICE of Service of Plaintiffs' Answers to Interrogatories; and Response to Request for Production by Carroll Gavin, Michael Gavin (Baria, David) Modified on 10/25/2022 (RLW) |
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misc
Docket Annotation
Tue 10/25 6:56 PM
DOCKET ANNOTATION as to #17: This document was filed incorrect and will be disregarded. This document has two forms of discovery. Each event should be separately docketed using the same pdf document. Attorney is advised to re-file using the correct event code for each entry. Also, on future filed pleadings, attorney is advised to include the last name with the first name of each Plaintiff in the case style. (RLW) |
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| Friday, September 30, 2022 | ||
| 16 | 16
discov
Notice of Service of Designation of Experts
Fri 09/30 2:57 PM
**ERROR**Disregard this entry. NOTICE of Service of Designation of Experts by Carroll Gavin, Michael Gavin (Baria, David) Modified on 9/30/2022 (RLW) |
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misc
Docket Annotation
Fri 09/30 4:25 PM
DOCKET ANNOTATION as to #16: Actual designation of experts are not to be filed with the Court. Only a Notice of Service of Designation of Experts is to be filed with the court. This entry will be disregarded. Attorney is directed to correct the error by refiling the correct document, using the same event code. (RLW) |
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| Thursday, September 01, 2022 | ||
| 15 | 15
1
pgs
order
Order on Motion to Amend/Correct
Thu 09/01 11:32 AM
ORDER granting12 Motion to Amend/Correct. Ordered that the Plaintiff's correct name should be reflected as Carroll Gavin. Signed by Magistrate Judge Robert P. Myers, Jr on 9/1/22. (JCH) |
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| Friday, August 26, 2022 | ||
| 14 | 14
discov
Notice of Service of Request for Production
Fri 08/26 3:13 PM
NOTICE of Service of Request for Production by Brandon Morain (Ros, J.) |
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| 13 | 13
discov
Notice of Service of Interrogatories
Fri 08/26 3:13 PM
NOTICE of Service of Interrogatories by Brandon Morain (Ros, J.) |
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| Monday, August 15, 2022 | ||
| 12 | 12
motion
Amend/Correct
Mon 08/15 4:54 PM
Unopposed MOTION to Amend/Correct Style of Case by Carolyn Gavin, Michael Gavin (Baria, David) |
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| 11 | 11
discov
Notice of Service of Disclosure
Mon 08/15 2:49 PM
NOTICE of Service of Initial Disclosure by Carolyn Gavin, Michael Gavin (Baria, David) |
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| 10 | 10
order
Case Management Order
Mon 08/15 11:15 AM
CASE MANAGEMENT ORDER: Jury Trial set during a three-week term of Court beginning on 7/10/2023 09:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Pretrial Conference set for 6/20-21/2023 10:00 AM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. Discovery due by 1/4/2023. Motions for Amended Pleadings due by 9/15/2022. Motions for Joinder of Parties due by 9/15/2022. Designate Experts Plaintiff Deadline due by 10/5/2022. Designate Experts for Defendant Deadline due by 11/2/2022. Motions due by 1/18/2023. Settlement Conference set for 4/19/2023 09:30 AM in Courtroom 881 (Gulfport) before Magistrate Judge Robert P. Myers Jr. ADR Report due by 6/13/2023. Proposed Pretrial Order due by 6/20/2023. EDT: 3-4 days. Parties do not consent. Signed by Magistrate Judge Robert P. Myers, Jr on 8/15/2022 (SR) |
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minutes
Telephonic Case Management Conference
Mon 08/15 11:01 AM
Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephonic Case Management Conference held on 8/15/2022 with attorneys David W. Baria and J. Henry Ros. (SR) |
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| Tuesday, August 09, 2022 | ||
| 9 | 9
discov
Notice of Service of Disclosure
Tue 08/09 10:53 AM
NOTICE of Service of Disclosure by Brandon Morain (Ros, J.) |
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| Monday, August 08, 2022 | ||
| 8 | 8
discov
Notice of Service of Disclosure
Mon 08/08 10:51 AM
NOTICE of Service of Voluntary Disclosure by Brandon Morain (Ros, J.) |
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| Wednesday, July 13, 2022 | ||
| 7 | 7
notice
Rule 16(a) Initial Order
Wed 07/13 2:22 PM
Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/15/2022 10:00 AM before Magistrate Judge Robert P. Myers Jr. (SR) |
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| Tuesday, July 12, 2022 | ||
| 6 | 6
notice
Notice of Voluntary Dismissal
Tue 07/12 1:07 PM
NOTICE of Voluntary Dismissal by Carolyn Gavin, Michael Gavin (Baria, David) |
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| Friday, July 01, 2022 | ||
| 5 | 5
answer
Answer to Complaint
Fri 07/01 3:31 PM
ANSWER to1 Complaint, and Affirmative Defenses by Brandon Morain.(Ros, J.) |
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| Thursday, June 30, 2022 | ||
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misc
Docket Annotation
Thu 06/30 10:39 AM
DOCKET ANNOTATION as to #3 and #4: (1) Advising attorney that document2 Summons Issued, should not have been printed and used for these entries. The original issued summons was emailed to attorney on 6/2/22 and a copy from the email should have been used; (2) The proof of service page has a service date of 6/9/22, but the USPS Tracking Receipt has a delivery date of 6/14/22. The date on the tracking receipt should have been on the proof of service; and (3) Page four should not have been included. Attorney is not required to re-file. (RLW) |
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| Wednesday, June 29, 2022 | ||
| 4 | 4
service
Summons Returned Executed
Wed 06/29 3:25 PM
SUMMONS Returned Executed by Carolyn Gavin, Michael Gavin. Airbnb, Inc. served on 6/14/2022, answer due 7/5/2022. (Baria, David) |
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| 3 | 3
service
Summons Returned Executed
Wed 06/29 3:23 PM
SUMMONS Returned Executed by Carolyn Gavin, Michael Gavin. Brandon Morain served on 6/14/2022, answer due 7/5/2022. (Baria, David) |
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| Thursday, June 02, 2022 | ||
| 2 | 2
service
Summons Issued
Thu 06/02 2:52 PM
Summons Issued as to Airbnb, Inc., Brandon Morain. (wld) |
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| 1 | 1
8
pgs
cmp
Complaint
Thu 06/02 1:33 PM
COMPLAINT with jury demand against Airbnb, Inc., Brandon Morain ( Filing fee $ 402 receipt number 4851437), filed by Carolyn Gavin, Michael Gavin.(wld) |
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Att: 1
Exhibit A-Airbnb Advertisement,
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Att: 2
Exhibit B-Airbnb Trust and Safety,
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Att: 3
Exhibit C-Picture 1 Exterior Staircase,
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Att: 4
Exhibit D-Picture 2 Exterior Staircase,
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Att: 5
Exhibit E-Picture 3 Exterior Staircase,
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Att: 6
Civil Cover Sheet
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utility
Remark
Thu 06/02 2:56 PM
Issued summons emailed to David Baria at email address on docket. (wld) |
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