Agile Journeys LLC v. The Walt Disney Company

COMPLAINT against The Walt Disney Company with Jury Demand (Filing fee $402 receipt number AFLMDC-20260258) filed by Agile Journeys LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Proposed Summons, # 15 Proposed Summons)(Koeppel, Steven) (Entered: 12/02/2022)

2022-12-02

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NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0766-SPC-KCD. (SJB) (Entered: 12/02/2022)

2022-12-02

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ENDORSED ORDER. Upon review of the docket, Judge Dudek finds that he must disqualify himself from these proceedings, pursuant to 28 U.S.C. § 455(b)(4) and in the interest of justice. The case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Kyle C. Dudek on 12/5/2022. (BLW) (Entered: 12/05/2022)

2022-12-05

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CIVIL Action Order Signed by All Divisional Judges on 12/5/2022. (SEH) (Entered: 12/05/2022)

2022-12-05

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SUMMONS issued as to The Walt Disney Company. (SEH) (Entered: 12/05/2022)

2022-12-05

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SUMMONS issued as to Walt Disney Parks and Resorts, U.S., Inc. (SEH) (Entered: 12/05/2022)

2022-12-05

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Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-766-SPC-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (SMG) (Entered: 12/06/2022)

2022-12-06

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ORDERED: The Clerk is DIRECTED to TRANSFER this action to the Orlando Division of the Middle District of Florida and CLOSE the Fort Myers case. Signed by Judge Sheri Polster Chappell on 12/6/2022. (AEH) (Entered: 12/06/2022)

2022-12-06

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TRANSFER to Orlando Division and assigned case number 6:22-cv-2272-PGB-LHP (SMG) (Entered: 12/07/2022)

2022-12-07

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TRANSFER IN from Fort Myers Division on 12/07/2022 Case Number 2:22-cv-766. Case assigned to District Judge Paul G. Byron and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:22-cv-2272-PGB-LHP. (SJB) (Entered: 12/12/2022)

2022-12-12

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Division transfer in

2022-12-12

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INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 12/14/2022. (GNB) (Entered: 12/14/2022)

2022-12-14

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NOTICE by Agile Journeys LLC Proof of Service (Koeppel, Steven) Modified on 12/20/2022-Notified attorney Koeppel to refile using the correct event (SRD). (Entered: 12/19/2022)

2022-12-19

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PROOF of service by Agile Journeys LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Koeppel, Steven) Modified on 12/21/2022-notified attorney to re file using the correct event (SRD). (Entered: 12/20/2022)

2022-12-20

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NOTICE to counsel Anthony K. Bruster, Shawn A. Latchford, Andrew J. Wright, Cecil E. Key and Jay P. Kesan Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) (Entered: 12/20/2022)

2022-12-20

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Notice to Counsel of Local Rule

2022-12-20

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RETURN of service executed on 12/12/2022 by Agile Journeys LLC as to Walt Disney Parks and Resorts, U.S., Inc.. (Koeppel, Steven) (Entered: 12/21/2022)

2022-12-21

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RETURN of service executed on 12/09/2022 by Agile Journeys LLC as to The Walt Disney Company. (Koeppel, Steven) (Entered: 12/21/2022)

2022-12-21

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ORDER of recusal. The Clerk shall reassign this case to the next available District Judge. Signed by Judge Paul G. Byron on 12/22/2022. (GNB) (Entered: 12/22/2022)

2022-12-22

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Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:22-cv-2272-CEM-LHP. Judge Paul G. Byron no longer assigned to the case. (RN) (Entered: 12/22/2022)

2022-12-22

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Case Assigned/Reassigned

2022-12-22

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Unopposed MOTION for Extension of Time to February 13, 2023, to File Response/Reply as to 1 Complaint, by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Cheskin, Mark) Modified on 12/23/2022 (SPM). (Entered: 12/23/2022)

2022-12-23

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ORDER granting 19 Motion for Extension of Time to File Response. The deadline for Defendants to respond to the complaint is extended up to and including February 13, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 12/23/2022. (MKH) (Entered: 12/23/2022)

2022-12-23

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Set deadlines: for The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Answer due by 2/13/2023. (SPM)

2022-12-23

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Set/reset deadlines/hearings-PUBLIC

2022-12-23

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CERTIFICATE of interested persons and corporate disclosure statement by Agile Journeys LLC. (Koeppel, Steven) (Entered: 12/28/2022)

2022-12-28

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NOTICE by Agile Journeys LLC (Koeppel, Steven) Modified on 12/29/2022-notified Attorney Koeppel to refile using correct event (SRD). (Entered: 12/28/2022)

2022-12-28

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NOTICE of a related action per Local Rule 1.07(c) by Agile Journeys LLC. Related case(s): No (Koeppel, Steven) (Entered: 12/29/2022)

2022-12-29

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CERTIFICATE of interested persons and corporate disclosure statement re 11 Order by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. identifying Corporate Parent The Walt Disney Company for Walt Disney Parks and Resorts, U.S., Inc. (Cheskin, Mark) Modified on 1/6/2023 to edit docket text (SRD). (Entered: 01/05/2023)

2023-01-05

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NOTICE of a related action per Local Rule 1.07(c) by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Related case(s): No (Cheskin, Mark) Modified on 1/6/2023 to edit docket text (SRD). (Entered: 01/05/2023)

2023-01-05

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NOTICE to counsel Celine J. Crowson and Damon Lewis Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) (Entered: 01/06/2023)

2023-01-06

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(WRONG PDF. COUNSEL WILL REFILE.) MOTION for Andrew J. Wright to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20375191 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 1/9/2023 (SPM). (Entered: 01/06/2023)

2023-01-06

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MOTION for Anthony K. Bruster to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20375243 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/06/2023)

2023-01-06

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MOTION for Shawn A. Latchford to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20375264 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/06/2023)

2023-01-06

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Notice to Counsel of Local Rule

2023-01-06

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MOTION for Andrew J. Wright to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20376649 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/09/2023)

2023-01-09

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INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 1/17/2023. (MEH) (Entered: 01/17/2023)

2023-01-17

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NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 1/17/2023. (MEH) (Entered: 01/17/2023)

2023-01-17

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ORDER denying as moot 27 Motion to Appear Pro Hac Vice; granting 28 Motion to Appear Pro Hac Vice; granting 29 Motion to Appear Pro Hac Vice; granting 30 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/17/2023. (MKH) (Entered: 01/17/2023)

2023-01-17

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Order

2023-01-17

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Unopposed MOTION for Celine J. Crowson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20416644 for $150 by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/19/2023)

2023-01-19

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Unopposed MOTION for Damon Lewis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20416675 for $150 by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/19/2023)

2023-01-19

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MOTION for Jay P. Kesan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20420860 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/20/2023)

2023-01-20

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ORDER granting 34 Motion to Appear Pro Hac Vice; granting 35 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/20/2023. (MKH) (Entered: 01/20/2023)

2023-01-20

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ORDER granting 36 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/20/2023. (MKH) (Entered: 01/20/2023)

2023-01-20

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NOTICE to counsel Cecil E. Key Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) (Entered: 01/23/2023)

2023-01-23

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Notice to Counsel of Local Rule

2023-01-23

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MOTION for Cecil E. Key to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20433107 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/24/2023)

2023-01-24

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ORDER granting 40 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/25/2023. (MKH) (Entered: 01/25/2023)

2023-01-25

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NOTICE to counsel for All Parties of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LDJ) (Entered: 01/25/2023)

2023-01-25

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Notice to Counsel of Local Rule

2023-01-25

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NOTICE of Lead Counsel Designation by Anthony K. Bruster on behalf of Agile Journeys LLC. Lead Counsel: Anthony K. Bruster. (Bruster, Anthony) (Entered: 01/27/2023)

2023-01-27

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NOTICE of Lead Counsel Designation by Mark Richard Cheskin on behalf of The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. Lead Counsel: Celine Jimenez Crowson. (Cheskin, Mark) (Entered: 01/27/2023)

2023-01-27

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Joint MOTION for Extension of Time to File Case Management Report by Agile Journeys LLC. (Bruster, Anthony) (Entered: 01/27/2023)

2023-01-27

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Joint MOTION for Miscellaneous Relief, specifically Conduct Case Management Conference via Video by Agile Journeys LLC. (Bruster, Anthony) (Entered: 01/27/2023)

2023-01-27

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ORDER granting 45 Joint Motion for One-Week Extension of Time to File Case Management Report; granting 46 Joint Motion to Conduct Case Management Conference Via Video. Signed by Magistrate Judge Leslie Hoffman Price on 1/30/2023. (MKH) (Entered: 01/30/2023)

2023-01-30

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Reset deadline: Case management report due by 2/8/2023. (LDJ)

2023-01-30

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NOTICE to counsel Jay P. Kesan Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) (Entered: 01/31/2023)

2023-01-31

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Set/reset deadlines/hearings-PUBLIC

2023-01-31

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Notice to Counsel of Local Rule

2023-01-31

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CASE MANAGEMENT REPORT. (Wright, Andrew) (Entered: 02/08/2023)

2023-02-08

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Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified text on 2/14/2023 (LDJ). (Entered: 02/13/2023)

2023-02-13

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REQUEST for oral argument re 50 Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified text on 2/14/2023 (LDJ). (Entered: 02/13/2023)

2023-02-13

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AMENDED COMPLAINT against The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. with Jury Demand. filed by Agile Journeys LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Koeppel, Steven) (Entered: 03/06/2023)

2023-03-06

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RESPONSE to Motion re 50 Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim filed by Agile Journeys LLC. (Koeppel, Steven) (Entered: 03/06/2023)

2023-03-06

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ENDORSED ORDER denying as moot 50 Motion to Dismiss in light of 52 Amended Complaint. Signed by Judge Carlos E. Mendoza on 3/8/2023. (KMS) (Entered: 03/08/2023)

2023-03-08

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Order on Motion to Dismiss for Failure to State a Claim

2023-03-08

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Unopposed MOTION for Extension of Time to File Response/Reply as to 52 Amended Complaint, by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) (Entered: 03/16/2023)

2023-03-16

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NOTICE TO COUNSEL Joseph Raffetto Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TNP) (Entered: 03/17/2023)

2023-03-17

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ENDORSED ORDER granting 55 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. The deadline to answer or otherwise respond to the amended complaint is extended up to and including March 27, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 3/17/2023. (ECJ) (Entered: 03/17/2023)

2023-03-17

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Set/reset deadline: for The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Answer due by 3/27/2023. (TNP)

2023-03-17

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Notice to Counsel of Local Rule

2023-03-17

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Order on Motion for Extension of Time to File Response / Reply

2023-03-17

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Set/reset deadlines/hearings-PUBLIC

2023-03-20

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MOTION to Dismiss for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 03/27/2023)

2023-03-27

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REQUEST for oral argument re 58 MOTION to Dismiss for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 03/27/2023)

2023-03-27

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CASE MANAGEMENT AND SCHEDULING ORDER: (PATENT CASE) Amended Pleadings due by 6/3/2023 Joinder of Parties due by 6/3/2023 Discovery due by 8/2/2024 Dispositive motions due by 8/30/2024 Pretrial statement due by 12/20/2024 All other motions due by 1/17/2025 Plaintiff disclosure of expert report due by 6/3/2024 Defendant disclosure of expert report due by 7/3/2024 Trial Status Conference set for 1/16/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the February 2025 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 5/3/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 4/3/2023. (MEH) (Entered: 04/03/2023)

2023-04-03

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STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH) (Entered: 04/03/2023)

2023-04-03

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NOTICE OF HEARING: Technology Tutorial Conference set for 8/9/2023 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 2 hours for the hearing. (MEH) (Entered: 04/03/2023)

2023-04-03

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NOTICE OF HEARING: Claim Construction Hearing set for 11/15/2023 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 2 hours for the hearing. (MEH) (Entered: 04/03/2023)

2023-04-03

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CASE REFERRED to Mediation. (SPM) (Entered: 04/04/2023)

2023-04-03

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Notice of hearing

2023-04-03

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Case Referred to Mediation

2023-04-04

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MOTION for Edward K. Chin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20712125 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 04/11/2023)

2023-04-11

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ORDER granting 65 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 4/11/2023. (MKH) (Entered: 04/11/2023)

2023-04-11

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Unopposed MOTION for Extension of Time to May 1, 2023, to File Response to Motion to Dismiss (Dkt. No. 58) by Agile Journeys LLC. (Wright, Andrew) Modified on 4/17/2023 (SPM). (Entered: 04/16/2023)

2023-04-16

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RESPONSE in Opposition re 58 MOTION to Dismiss for Failure to State a Claim filed by Agile Journeys LLC. (Wright, Andrew) (Entered: 04/17/2023)

2023-04-17

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Agreed MOTION for Leave to File Other Document :Reply Brief in Support of 58 Motion to Dismiss by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified on 4/27/2023 (SPM). Modified on 4/27/2023 (SPM). (Entered: 04/26/2023)

2023-04-26

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ENDORSED ORDER denying as moot 67 Unopposed Motion for Extension of Time in light of 68 Response. Signed by Judge Carlos E. Mendoza on 5/10/2023. (KMS) (Entered: 05/10/2023)

2023-05-10

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ENDORSED ORDER granting 69 Agreed Motion for Leave to File a Reply. On or before May 25, 2023, Defendant may file a Reply of seven or fewer pages. Signed by Judge Carlos E. Mendoza on 5/10/2023. (KMS) (Entered: 05/10/2023)

2023-05-10

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Order on Motion for Extension of Time to File

2023-05-10

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Order on Motion for Leave to File Document

2023-05-10

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Set deadlines as to 58 MOTION to Dismiss for Failure to State a Claim . Replies due by 5/25/2023. (SPM)

2023-05-10

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Set Motion and R&R deadlines/hearings - PUBLIC

2023-05-11

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REPLY to Response to Motion re 58 MOTION to Dismiss for Failure to State a Claim filed by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 05/25/2023)

2023-05-25

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ORDER denying 58 Motion to Dismiss for Failure to State a Claim; denying as moot 59 Motion Requesting Oral Argument. Signed by Judge Carlos E. Mendoza on 6/27/2023. (MEH) (Entered: 06/27/2023)

2023-06-27

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Unopposed MOTION for Extension of Time to File Response/Reply as to 52 Amended Complaint by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified on 7/10/2023 to edit the docket text (RPB). (Entered: 07/07/2023)

2023-07-07

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ORDER granting 74 Motion for Extension of Time. The deadline for Defendants to respond to the amended complaint (Doc. No. 52) is extended up to and including July 21, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 7/10/2023. (MKH) (Entered: 07/10/2023)

2023-07-10

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NOTICE of Joint Claim Construction Statement by Agile Journeys LLC (Attachments: # 1 Exhibit A - Joint Claim Construction Chart)(Wright, Andrew) Modified to edit docket text on 7/18/2023 (RLK). (Entered: 07/17/2023)

2023-07-17

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ANSWER and affirmative defenses with Jury Demand to 52 Amended Complaint, COUNTERCLAIM against Agile Journeys LLC by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company.(Crowson, Celine) (Entered: 07/21/2023)

2023-07-21

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NOTICE OF HEARING: Telephone Conference set for 8/1/2023 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 080123. (MEH) (Entered: 07/31/2023)

2023-07-31

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Notice of hearing

2023-07-31

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Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 8/1/2023. Court Reporter: Suzanne L. Trimble (MEH) (Entered: 08/01/2023)

2023-08-01

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Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: TECHNOLOGY TUTORIAL HEARING held on 8/9/2023. Court Reporter: Suzanne L. Trimble (MEH) (Entered: 08/09/2023)

2023-08-09

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REPLY to 77 Counterclaim by Agile Journeys LLC. (Bruster, Anthony) Modified text on 8/15/2023 (KME). (Entered: 08/11/2023)

2023-08-11

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TRANSCRIPT of Technology Tutorial held on 8/9/23 before Judge Carlos E. Mendoza. Court Reporter: Suzanne L. Trimble. Email address: trimblecourtreporter@outlook.com. Telephone number: 407.900.8775. NOTICE TO THE PARTIES - 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 available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 9/6/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/14/2023. (SLT) (Entered: 08/16/2023)

2023-08-16

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PLAINTIFF'S BRIEF re 60 Case Management Scheduling Order Opening Claim Construction Brief filed by Agile Journeys LLC. (Attachments: # 1 Affidavit Wright Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Bruster, Anthony) (Entered: 09/15/2023)

2023-09-15

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MOTION to Stay Litigation Pending Results of Inter Partes Review and Request for Oral Argument by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Attachments: # 1 Declaration of Damon Lewis, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Crowson, Celine) Modified on 10/16/2023 to edit docket text (AJS). (Entered: 10/13/2023)

2023-10-13

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RESPONSE re 83 Brief - Plaintiff filed by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Crowson, Celine) (Entered: 10/16/2023)

2023-10-16

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MOTION for Leave to File Other Document :Claim Construction Reply Brief - Opposed by Agile Journeys LLC. (Wright, Andrew) (Entered: 10/23/2023)

2023-10-23

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Joint STATUS report Pre-Hearing Statement by Agile Journeys LLC. (Attachments: # 1 Exhibit A)(Wright, Andrew) Modified to edit docket text on 10/24/2023 (HAI). (Entered: 10/23/2023)

2023-10-23

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RESPONSE in Opposition re 86 MOTION for Leave to File Other Document :Claim Construction Reply Brief - Opposed filed by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Attachments: # 1 Exhibit A)(Crowson, Celine) (Entered: 10/27/2023)

2023-10-27

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RESPONSE in Opposition re 84 MOTION to Stay Litigation Pending Results of Inter Partes Review and Request for Oral Argument filed by Agile Journeys LLC. (Wright, Andrew) (Entered: 10/27/2023)

2023-10-27

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ENDORSED ORDER granting 84 Defendants' Motion to Stay Litigation Pending Results of Inter Partes Review. This case is STAYED. Every 180 days, and within fourteen days of any decision by the U.S. Patent & Trademark Office, Defendants shall file a status report. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 10/30/2023. (VLC) (Entered: 10/30/2023)

2023-10-30

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NOTICE canceling Claim Construction Hearing scheduled for 11/15/2023. (MEH) (Entered: 10/30/2023)

2023-10-30

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Order on Motion to Stay

2023-10-30

1

No Actions

Notice canceling hearing

2023-10-30

1

No Actions

STATUS report by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Crowson, Celine) (Entered: 04/26/2024)

2024-04-26

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STATUS report by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company. (Crowson, Celine) (Entered: 10/23/2024)

2024-10-23

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STATUS report by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company. (Crowson, Celine) (Entered: 04/28/2025)

2025-04-28

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MOTION for Miscellaneous Relief, specifically Lift Stay and Reopen Case by Agile Journeys LLC. (Attachments: # 1 Exhibit 1 - Final Written Decision, # 2 Exhibit 2 - Federal Circuit Appeals: Summaries of Key 2023 Decisions)(Wright, Andrew) (Entered: 05/01/2025)

2025-05-01

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RESPONSE in Opposition re 95 MOTION for Miscellaneous Relief, specifically Lift Stay and Reopen Case filed by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 05/15/2025)

2025-05-15

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STATUS report (Updated) by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Crowson, Celine) (Entered: 06/02/2025)

2025-06-02

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It is ORDERED and ADJUDGED that the Undersigned RECUSES himself from this case. The Clerk is DIRECTED to randomly reassign this case to another District Judge. Signed by Judge Carlos E. Mendoza on 7/15/2025. (ALL) (Entered: 07/15/2025)

2025-07-15

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Case Reassigned to Judge Wendy W. Berger. New case number: 6:22-cv-2272-WWB-LHP. Judge Carlos E. Mendoza no longer assigned to the case. (RPB) (Entered: 07/16/2025)

2025-07-16

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NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued a Standing Order, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 7/16/2025. (RMF) (Entered: 07/16/2025)

2025-07-16

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Case Assigned/Reassigned

2025-07-16

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Order

2025-07-16

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No Actions

ORDER: it is ORDERED that Plaintiff's Opposed Motion to Lift Stay and Reopen Case 95 is DENIED. Signed by Judge Wendy W. Berger on 9/18/2025. (RMF) (Entered: 09/18/2025)

2025-09-18

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Unopposed MOTION for Edward K. Chin to Withdraw as Attorney by Agile Journeys LLC. (Attachments: # 1 Text of Proposed Order)(Chin, Edward) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 09/26/2025)

2025-09-26

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ORDER granting 102 Unopposed Motion to Withdraw as Counsel. Attorney Edward K. Chin terminated. Signed by Magistrate Judge Leslie Hoffman Price on 9/29/2025. (ECJ) (Entered: 09/29/2025)

2025-09-29

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STATUS report by Walt Disney Parks and Resorts, U.S., Inc., The Walt Disney Company. (Crowson, Celine) (Entered: 04/27/2026)

2026-04-27

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Status report

2026-10-26

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Overview

Parties

Defendant

Walt Disney Parks and Resorts, U.S., Inc. Follow

Represented By

The Walt Disney Company Follow

Represented By

Plaintiff

Agile Journeys LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0766-SPC-KCD. (SJB) (Entered: 12/02/2022)

CIVIL Action Order Signed by All Divisional Judges on 12/5/2022. (SEH) (Entered: 12/05/2022)

SUMMONS issued as to The Walt Disney Company. (SEH) (Entered: 12/05/2022)

SUMMONS issued as to Walt Disney Parks and Resorts, U.S., Inc. (SEH) (Entered: 12/05/2022)

Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-766-SPC-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (SMG) (Entered: 12/06/2022)

ORDERED: The Clerk is DIRECTED to TRANSFER this action to the Orlando Division of the Middle District of Florida and CLOSE the Fort Myers case. Signed by Judge Sheri Polster Chappell on 12/6/2022. (AEH) (Entered: 12/06/2022)

TRANSFER to Orlando Division and assigned case number 6:22-cv-2272-PGB-LHP (SMG) (Entered: 12/07/2022)

TRANSFER IN from Fort Myers Division on 12/07/2022 Case Number 2:22-cv-766. Case assigned to District Judge Paul G. Byron and Magistrate Judge Leslie Hoffman Price. New Case Number: 6:22-cv-2272-PGB-LHP. (SJB) (Entered: 12/12/2022)

Division transfer in

INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 12/14/2022. (GNB) (Entered: 12/14/2022)

NOTICE by Agile Journeys LLC Proof of Service (Koeppel, Steven) Modified on 12/20/2022-Notified attorney Koeppel to refile using the correct event (SRD). (Entered: 12/19/2022)

PROOF of service by Agile Journeys LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Koeppel, Steven) Modified on 12/21/2022-notified attorney to re file using the correct event (SRD). (Entered: 12/20/2022)

Notice to Counsel of Local Rule

RETURN of service executed on 12/12/2022 by Agile Journeys LLC as to Walt Disney Parks and Resorts, U.S., Inc.. (Koeppel, Steven) (Entered: 12/21/2022)

RETURN of service executed on 12/09/2022 by Agile Journeys LLC as to The Walt Disney Company. (Koeppel, Steven) (Entered: 12/21/2022)

ORDER of recusal. The Clerk shall reassign this case to the next available District Judge. Signed by Judge Paul G. Byron on 12/22/2022. (GNB) (Entered: 12/22/2022)

Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:22-cv-2272-CEM-LHP. Judge Paul G. Byron no longer assigned to the case. (RN) (Entered: 12/22/2022)

Case Assigned/Reassigned

Unopposed MOTION for Extension of Time to February 13, 2023, to File Response/Reply as to 1 Complaint, by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Cheskin, Mark) Modified on 12/23/2022 (SPM). (Entered: 12/23/2022)

ORDER granting 19 Motion for Extension of Time to File Response. The deadline for Defendants to respond to the complaint is extended up to and including February 13, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 12/23/2022. (MKH) (Entered: 12/23/2022)

Set deadlines: for The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Answer due by 2/13/2023. (SPM)

Set/reset deadlines/hearings-PUBLIC

CERTIFICATE of interested persons and corporate disclosure statement by Agile Journeys LLC. (Koeppel, Steven) (Entered: 12/28/2022)

NOTICE by Agile Journeys LLC (Koeppel, Steven) Modified on 12/29/2022-notified Attorney Koeppel to refile using correct event (SRD). (Entered: 12/28/2022)

NOTICE of a related action per Local Rule 1.07(c) by Agile Journeys LLC. Related case(s): No (Koeppel, Steven) (Entered: 12/29/2022)

NOTICE of a related action per Local Rule 1.07(c) by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Related case(s): No (Cheskin, Mark) Modified on 1/6/2023 to edit docket text (SRD). (Entered: 01/05/2023)

MOTION for Anthony K. Bruster to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20375243 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/06/2023)

MOTION for Shawn A. Latchford to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20375264 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/06/2023)

Notice to Counsel of Local Rule

MOTION for Andrew J. Wright to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20376649 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/09/2023)

INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 1/17/2023. (MEH) (Entered: 01/17/2023)

ORDER denying as moot 27 Motion to Appear Pro Hac Vice; granting 28 Motion to Appear Pro Hac Vice; granting 29 Motion to Appear Pro Hac Vice; granting 30 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/17/2023. (MKH) (Entered: 01/17/2023)

Order

Unopposed MOTION for Celine J. Crowson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20416644 for $150 by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/19/2023)

Unopposed MOTION for Damon Lewis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20416675 for $150 by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/19/2023)

MOTION for Jay P. Kesan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20420860 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/20/2023)

ORDER granting 34 Motion to Appear Pro Hac Vice; granting 35 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/20/2023. (MKH) (Entered: 01/20/2023)

ORDER granting 36 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/20/2023. (MKH) (Entered: 01/20/2023)

Notice to Counsel of Local Rule

MOTION for Cecil E. Key to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20433107 for $150 by Agile Journeys LLC. (Koeppel, Steven) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 01/24/2023)

ORDER granting 40 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 1/25/2023. (MKH) (Entered: 01/25/2023)

Notice to Counsel of Local Rule

NOTICE of Lead Counsel Designation by Anthony K. Bruster on behalf of Agile Journeys LLC. Lead Counsel: Anthony K. Bruster. (Bruster, Anthony) (Entered: 01/27/2023)

NOTICE of Lead Counsel Designation by Mark Richard Cheskin on behalf of The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. Lead Counsel: Celine Jimenez Crowson. (Cheskin, Mark) (Entered: 01/27/2023)

Joint MOTION for Extension of Time to File Case Management Report by Agile Journeys LLC. (Bruster, Anthony) (Entered: 01/27/2023)

Joint MOTION for Miscellaneous Relief, specifically Conduct Case Management Conference via Video by Agile Journeys LLC. (Bruster, Anthony) (Entered: 01/27/2023)

ORDER granting 45 Joint Motion for One-Week Extension of Time to File Case Management Report; granting 46 Joint Motion to Conduct Case Management Conference Via Video. Signed by Magistrate Judge Leslie Hoffman Price on 1/30/2023. (MKH) (Entered: 01/30/2023)

Reset deadline: Case management report due by 2/8/2023. (LDJ)

NOTICE to counsel Jay P. Kesan Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) (Entered: 01/31/2023)

Set/reset deadlines/hearings-PUBLIC

Notice to Counsel of Local Rule

CASE MANAGEMENT REPORT. (Wright, Andrew) (Entered: 02/08/2023)

Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified text on 2/14/2023 (LDJ). (Entered: 02/13/2023)

REQUEST for oral argument re 50 Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. (Crowson, Celine) Modified text on 2/14/2023 (LDJ). (Entered: 02/13/2023)

RESPONSE to Motion re 50 Dispositive MOTION to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Claim filed by Agile Journeys LLC. (Koeppel, Steven) (Entered: 03/06/2023)

ENDORSED ORDER denying as moot 50 Motion to Dismiss in light of 52 Amended Complaint. Signed by Judge Carlos E. Mendoza on 3/8/2023. (KMS) (Entered: 03/08/2023)

Order on Motion to Dismiss for Failure to State a Claim

Unopposed MOTION for Extension of Time to File Response/Reply as to 52 Amended Complaint, by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Cheskin, Mark) (Entered: 03/16/2023)

Set/reset deadline: for The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc. Answer due by 3/27/2023. (TNP)

Notice to Counsel of Local Rule

Order on Motion for Extension of Time to File Response / Reply

Set/reset deadlines/hearings-PUBLIC

MOTION to Dismiss for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 03/27/2023)

REQUEST for oral argument re 58 MOTION to Dismiss for Failure to State a Claim by The Walt Disney Company, Walt Disney Parks and Resorts, U.S., Inc.. (Crowson, Celine) (Entered: 03/27/2023)

STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH) (Entered: 04/03/2023)

NOTICE OF HEARING: Technology Tutorial Conference set for 8/9/2023 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 2 hours for the hearing. (MEH) (Entered: 04/03/2023)

Walt Disney Parks and Resorts, U.S., Inc.

The Walt Disney Company

Agile Journeys LLC