Carter v. Southwest Airlines Co. Board of Trustees
| Florida Middle District Court | |
| Judge: | William F Jung |
| Referred: | Julie S Sneed |
| Case #: | 8:20-cv-01381 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1161 COBRA - Continuation Coverage |
| Case Filed: | Jun 16, 2020 |
| Terminated: | Jan 05, 2021 |
| Last checked: Sunday Dec 13, 2020 3:49 AM EST |
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Amicus
U.S. Department of Labor
Office of the Solicitor / PBSD 200 Constitution Ave., N.W. Rm N-4611
Washington, DC 20210 |
Represented By
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Defendant
Southwest Airlines Co. Board of Trustees
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Represented By
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Plaintiff
Cherrita Carter
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Represented By
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| 1. | Court Dismisses COBRA Lawsuit (jdsupra.com) |
| Submitted Wed 02/03/2021 | |
| Docket last updated: 11/22/2024 11:59 PM EST |
| Tuesday, January 05, 2021 | ||
| 47 | 47
order
Order
Tue 01/05 9:29 AM
ENDORSED ORDER: Upon consideration of the 46 Stipulation of Dismissal, this case is dismissed with prejudice. Each side to bear its own fees and costs. The Clerk is directed to close the case. Signed by Judge William F. Jung on 1/5/2021. (CCB) |
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| Monday, January 04, 2021 | ||
| 46 | 46
misc
Stipulation of Dismissal
Mon 01/04 7:18 PM
STIPULATION of Dismissal With Prejudice by Cherrita Carter. (Hill, Brandon) |
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| Tuesday, December 29, 2020 | ||
| 45 | 45
order
Order on Motion for Extension of Time to File Response / Reply
Tue 12/29 9:32 AM
ENDORSED ORDER granting 44 Motion for Extension of Time up to and including 1/4/2021. Signed by Judge William F. Jung on 12/29/2020. (CCB) |
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| Monday, December 28, 2020 | ||
| 44 | 44
motion
Extension of Time to File Response / Reply
Mon 12/28 6:22 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to43 Order on Motion to Dismiss / Lack of Jurisdiction by Cherrita Carter. (Hill, Brandon) |
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| Monday, December 14, 2020 | ||
| 43 | 43
19
pgs
order
Order on Motion to Dismiss / Lack of Jurisdiction
Mon 12/14 2:54 PM
ORDER granting 28 Motion to Dismiss for Lack of Jurisdiction in accordance with attached order. An amended complaint, if any, must be filed within fourteen (14) days. Signed by Judge William F. Jung on 12/14/2020. (CCM) |
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| Wednesday, November 04, 2020 | ||
| 42 | 42
notice
Notice to counsel of filing of official transcript
Wed 11/04 3:57 PM
NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tracey Aurelio. (TVA) |
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| 41 | 41
misc
Transcript
Wed 11/04 3:56 PM
TRANSCRIPT of TELEPHONIC MOTION HEARING held on 10/28/2020 before Judge WILLIAM F. JUNG. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 11/25/2020, Redacted Transcript Deadline set for 12/7/2020, Release of Transcript Restriction set for 2/2/2021. (TVA) |
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| Friday, October 30, 2020 | ||
| 40 | 40
respm
Reply to Response to Motion
Fri 10/30 6:06 PM
REPLY to Response to Motion re28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint - Defendant's Reply in Support of Dispositive Motion to Dismiss First Amended Class Action Complaint and Notice of Supplemental Authority filed by Southwest Airlines Co. Board of Trustees. (Buchholz, Daniel) |
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| Wednesday, October 28, 2020 | ||
| 39 | 39
minutes
Motion Hearing
Wed 10/28 11:31 AM
Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 10/28/2020 re28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint filed by Southwest Airlines Co. Board of Trustees. The Court takes the Motion under advisement. Court Reporter: Tracey Aurelio (SAO) |
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| Tuesday, October 27, 2020 | ||
| 38 | 38
notice
Notice of appearance
Tue 10/27 4:06 PM
NOTICE of Appearance by Daniel Buchholz on behalf of Southwest Airlines Co. Board of Trustees (Buchholz, Daniel) |
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| Friday, October 23, 2020 | ||
| 37 | 37
respm
Response in Opposition to Motion
Fri 10/23 6:35 PM
RESPONSE in Opposition re28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint filed by Cherrita Carter.(Hill, Brandon) |
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| 37 | 37
respm
Response in Opposition to Motion
Fri 10/23 6:35 PM
RESPONSE in Opposition re28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint filed by Cherrita Carter.(Hill, Brandon) |
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Att: 1
Exhibit A
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Att: 1
Exhibit A
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| 36 | 36
order
Order on Motion to File Excess Pages
Fri 10/23 1:46 PM
ENDORSED ORDER granting 35 Motion to File Excess Pages. Signed by Judge William F. Jung on 10/23/2020. (CCB) |
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| 36 | 36
order
Order on Motion to File Excess Pages
Fri 10/23 1:46 PM
ENDORSED ORDER granting 35 Motion to File Excess Pages. Signed by Judge William F. Jung on 10/23/2020. (CCB) |
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| 35 | 35
motion
File Excess Pages
Fri 10/23 10:08 AM
Unopposed MOTION to File Excess Pages by Cherrita Carter. (Hill, Brandon) |
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| 35 | 35
motion
File Excess Pages
Fri 10/23 10:08 AM
Unopposed MOTION to File Excess Pages by Cherrita Carter. (Hill, Brandon) |
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| Thursday, October 08, 2020 | ||
| 34 | 34
order
Order on Motion for Extension of Time to File Response / Reply
Thu 10/08 6:38 PM
ENDORSED ORDER granting 33 Motion for Extension of Time to File Response to 28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint. Response due by 10/23/2020. Signed by Judge William F. Jung on 10/8/2020. (CCB) |
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| 33 | 33
motion
Extension of Time to File Response / Reply
Thu 10/08 5:14 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint by Cherrita Carter. (Hill, Brandon) |
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| Tuesday, October 06, 2020 | ||
| 32 | 32
notice
Notice of appearance
Tue 10/06 3:19 PM
NOTICE of Appearance by Lindsey R. Camp on behalf of Southwest Airlines Co. Board of Trustees (Camp, Lindsey) |
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| 31 | 31
notice
Notice of hearing on motion
Tue 10/06 11:07 AM
NOTICE of TELEPHONIC HEARING on all pending motions including28 MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint. Motion Hearing set for 10/28/2020 at 9:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1381 followed by the # (pound) key. This conference will be activated at 9:00 AM so the hearing may start promptly at 9:30 AM.(CCB) |
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| 30 | 30
order
Order on Motion for Leave to File Document
Tue 10/06 10:53 AM
ENDORSED ORDER granting 29 unopposed Motion for Leave to File Document. Signed by Judge William F. Jung on 10/6/2020. (Jung, William) |
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| Monday, October 05, 2020 | ||
| 29 | 29
motion
Leave to File Amicus Brief / Document
Mon 10/05 6:02 PM
MOTION for Leave to File Amicus Brief by U.S. Department of Labor.(Dolan, Peter) |
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Att: 1
Main Document Brief of Sec. of Labor as Amicus Curiae
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| Monday, September 28, 2020 | ||
| 28 | 28
motion
Dismiss / Lack of Jurisdiction
Mon 09/28 7:29 PM
MOTION to Dismiss for Lack of Jurisdiction First Amended Class Action Complaint by Southwest Airlines Co. Board of Trustees.(Palermo, Anthony) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B
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| 27 | 27
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 09/28 4:45 PM
ORDER granting 25 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on September 28, 2020. (BRC) |
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| 26 | 26
notice
Notice canceling hearing
Mon 09/28 1:44 PM
NOTICE canceling hearing scheduled for 10/1/2020. See order at docket 23. (CCB) |
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| 25 | 25
motion
Appear Pro Hac Vice
Mon 09/28 11:57 AM
Unopposed MOTION for Eliot T. Burriss to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17359147 for $150 by Southwest Airlines Co. Board of Trustees. (Palermo, Anthony) |
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| Thursday, September 24, 2020 | ||
| 24 | 24
misc
Certificate of interested persons and corporate disclosure statement
Thu 09/24 11:13 AM
CERTIFICATE of interested persons and corporate disclosure statement re6 Related case order and track 2 notice by Southwest Airlines Co. Board of Trustees. (Palermo, Anthony) |
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| Wednesday, September 16, 2020 | ||
| 23 | 23
order
Order on Motion to Dismiss / Lack of Jurisdiction
Wed 09/16 1:33 PM
ENDORSED ORDER denying as moot 12 Motion to Dismiss for Lack of Jurisdiction, in light of amended complaint filed at Doc. 21. Signed by Judge William F. Jung on 9/16/2020. (Jung, William) |
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| Tuesday, September 15, 2020 | ||
| 22 | 22
notice
Notice of pendency of related cases
Tue 09/15 1:32 PM
NOTICE of pendency of related cases re6 Related case order and track 2 notice per Local Rule 1.04(d) by Southwest Airlines Co. Board of Trustees. Related case(s): No (Palermo, Anthony) |
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| Monday, September 14, 2020 | ||
| 21 | 21
cmp
Amended Complaint
Mon 09/14 5:49 PM
AMENDED COMPLAINT (CLASS ACTION) against Southwest Airlines Co. Board of Trustees filed by Cherrita Carter. Related document: 1 Complaint filed by Cherrita Carter.(Hill, Brandon) |
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Att: 1
Exhibit A,
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Att: 2
Appendix B,
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Att: 3
Affidavit of Cherrita Carter
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| 20 | 20
order
Case management and scheduling order
Mon 09/14 8:27 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 8/6/2021, Final Pretrial Conference set for 1/13/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Jury Trial set for the February 2022 trial term commencing 2/7/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Conduct mediation hearing by 1/15/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 9/14/2020. (SAO) |
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| Friday, September 11, 2020 | ||
| 19 | 19
misc
Case Management Report
Fri 09/11 4:36 PM
CASE MANAGEMENT REPORT. (Hill, Brandon) |
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| Monday, August 31, 2020 | ||
| 18 | 18
notice
Notice of hearing on motion
Mon 08/31 12:49 PM
NOTICE of TELEPHONIC HEARING on12 MOTION to Dismiss for Lack of Jurisdiction Defendant's Dispositive Motion to Dismiss Class Action Complaint . Motion Hearing set for 10/1/2020 at 9:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the #(pound) key. You will be prompted to enter the security code: 1381 followed by the #(pound) key. This conference will be activated at 9:00 AM so the hearing may start promptly at 9:30 AM. (CCB) |
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| Wednesday, August 26, 2020 | ||
| 17 | 17
order
Order on Motion for Extension of Time to File Response / Reply
Wed 08/26 6:37 PM
ENDORSED ORDER granting 15 Motion for Extension of Time to File Response to 12 MOTION to Dismiss for Lack of Jurisdiction. Response or amended complaint due by 9/14/2020. Signed by Judge William F. Jung on 8/26/2020. (CCB) |
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| 16 | 16
order
Order on Motion for Extension of Time to File
Wed 08/26 6:34 PM
ENDORSED ORDER granting 14 Motion for Extension of Time to File motion for class certification on or before 1/21/2021. Signed by Judge William F. Jung on 8/26/2020. (CCB) |
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| 15 | 15
motion
Extension of Time to File Response / Reply
Wed 08/26 5:51 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to12 MOTION to Dismiss for Lack of Jurisdiction Defendant's Dispositive Motion to Dismiss Class Action Complaint or File an Amended Complaint by Cherrita Carter. (Hill, Brandon) |
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| 14 | 14
motion
Extension of Time to File
Wed 08/26 5:34 PM
Unopposed MOTION for Extension of Time to File Motion Seeking Class Certification Under Rule 23 by Cherrita Carter. (Hill, Brandon) |
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| Monday, August 17, 2020 | ||
| 13 | 13
notice
Notice (Other)
Mon 08/17 6:32 PM
NOTICE by Southwest Airlines Co. Board of Trustees re12 MOTION to Dismiss for Lack of Jurisdiction Defendant's Dispositive Motion to Dismiss Class Action Complaint (Palermo, Anthony) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 12 | 12
motion
Dismiss / Lack of Jurisdiction
Mon 08/17 4:54 PM
MOTION to Dismiss for Lack of Jurisdiction Defendant's Dispositive Motion to Dismiss Class Action Complaint by All Defendants. (Palermo, Anthony) |
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| Thursday, July 30, 2020 | ||
| 11 | 11
order
Order on Motion for Extension of Time to File
Thu 07/30 7:27 PM
ENDORSED ORDER granting 10 Motion for Extension of Time to File response to complaint on or before 8/17/2020. Signed by Judge William F. Jung on 7/30/2020. (CCB) |
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| 10 | 10
motion
Extension of Time to File
Thu 07/30 2:30 PM
Unopposed MOTION for Extension of Time to File Response to Plaintiff's Class Action Complaint by Southwest Airlines Co. Board of Trustees. (Palermo, Anthony) |
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| Wednesday, July 29, 2020 | ||
| 9 | 9
service
Summons returned executed
Wed 07/29 4:17 PM
RETURN of service executed on July 9, 2020 by Cherrita Carter as to Southwest Airlines Co. Board of Trustees. (Hill, Brandon) |
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| Monday, June 22, 2020 | ||
| 8 | 8
misc
Certificate of interested persons and corporate disclosure statement
Mon 06/22 3:22 PM
CERTIFICATE of interested persons and corporate disclosure statement re6 Related case order and track 2 notice by Cherrita Carter. (Hill, Brandon) |
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| 7 | 7
notice
Notice of pendency of related cases
Mon 06/22 3:21 PM
NOTICE of pendency of related cases re6 Related case order and track 2 notice per Local Rule 1.04(d) by Cherrita Carter. Related case(s): no (Hill, Brandon) |
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| Wednesday, June 17, 2020 | ||
| 6 | 6
order
Related case order and track 2 notice
Wed 06/17 2:38 PM
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 6/17/2020. (SAO) |
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| Tuesday, June 16, 2020 | ||
| 5 | 5
service
Summons issued
Tue 06/16 4:17 PM
SUMMONS issued as to Southwest Airlines Co. Board of Trustees. (MCB) |
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| 4 | 4
utility
Case Assigned/Reassigned
Tue 06/16 4:07 PM
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-1381-T-02JSS. (SJB) |
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| 3 | 3
notice
Notice of appearance
Tue 06/16 2:43 PM
NOTICE of Appearance by Chad A. Justice on behalf of Cherrita Carter (Justice, Chad) |
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| 2 | 2
notice
Notice (Other)
Tue 06/16 1:27 PM
NOTICE by Cherrita Carter re1 Complaint of Filing Exhibits to Complaint(Hill, Brandon) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 1 | 1
cmp
Complaint
Tue 06/16 1:04 PM
COMPLAINT (CLASS ACTION) against Southwest Airlines Co. Board of Trustees filed by Cherrita Carter.(Hill, Brandon) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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