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Case TitleBrancheau et al v. Secretary of Labor, et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2011cv01416
Date Filed2011-08-24
Date Closed2013-04-26
JudgeJudge Gregory A. Presnell
PlaintiffScott Brancheau
PlaintiffMarion Loverde
PlaintiffCharles Loverde
PlaintiffDeborah Frogameni
DefendantPlaintiff
DefendantSecretary of Labor
DefendantAssistant Secretary of Labor
DefendantOccupational Safety and Health Administration
DefendantUnited States Department of Labor
AppealEleventh Circuit 12-10770
AppealEleventh Circuit 12-12003
Documents
Docket
Complaint
Opinion/Order [18]
Opinion/Order [31]
Opinion/Order [48]
Opinion/Order [57]
Opinion/Order [67]
FOIA Project Annotation: The court closed the case.
Issues: Housekeeping
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-08-241COMPLAINT filed by Scott Brancheau, Charles Loverde, Deborah Frogameni, and Marion Loverde against Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, and United States Department of Labor (Filing fee $ 350 receipt number ORL10117).(SR) Modified on 8/26/2011 (SR). (Entered: 08/24/2011)
2011-08-242Summons Issued as to U.S. Attorney. (SR) (Entered: 08/24/2011)
2011-08-243MOTION for preliminary injunction by All Plaintiffs. (Attachments: # 1 Proposed Order)(SR) (Entered: 08/24/2011)
2011-08-244DECLARATION of George R. Coe in support of 3 MOTION for preliminary injunction by Scott Brancheau, Deborah Frogameni, Charles Loverde, and Marion Loverde. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(SR) (Entered: 08/24/2011)
2011-08-285RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due within 14 days. Signed by Judge Gregory A. Presnell on 8/28/2011. Copies mailed.(LAM) (Entered: 08/28/2011)
2011-08-286INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due within 14 days. Signed by Judge Gregory A. Presnell on 8/28/2011. Copies mailed.(LAM) (Entered: 08/28/2011)
2011-08-287ORDER/NOTICE for Attorney Jon L. Mills to comply with the administrative procedures regarding electronic filing. Signed by Judge Gregory A. Presnell on 8/28/2011. Copies mailed.(LAM) (Entered: 08/28/2011)
2011-08-298PROOF of service on 8/24/11 on all defendants through US Attorney's Office, Orlando, FL, by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde (Coe, George) *Modified text on 8/30/2011 (MAA). (Entered: 08/29/2011)
2011-08-299PROOF of service by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde (Coe, George) (Entered: 08/29/2011)
2011-08-3010ORDER requiring Defendants to respond to 3 Motion for Preliminary Injunction by September 12, 2011 and requiring Plaintiffs to show cause. Signed by Judge Gregory A. Presnell on 8/30/2011. (ED) (Entered: 08/30/2011)
2011-09-0911RESPONSE in opposition re 3 MOTION for preliminary injunction filed by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) (Entered: 09/09/2011)
2011-09-0912NOTICE of pendency of related cases re 5 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. Related case(s): yes (Coe, George) (Entered: 09/09/2011)
2011-09-0913CERTIFICATE of interested persons and corporate disclosure statement re 6 Interested persons order by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Coe, George) (Entered: 09/09/2011)
2011-09-1114INTERESTED PERSONS ORDER to Defendants. Certificate of interested persons and corporate disclosure statement due by 9/26/2011. Signed by Judge Gregory A. Presnell on 9/11/2011. Copies mailed.(LAM) (Entered: 09/11/2011)
2011-09-1215CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) (Entered: 09/12/2011)
2011-09-1216RESPONSE re 10 Order to Show Cause by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Coe, George) (Entered: 09/12/2011)
2011-09-1517NOTICE by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor (Defendants' Notice of Filing) (Hopkins, Ralph) (Entered: 09/15/2011)
2011-09-1518ORDER denying 3 Motion for preliminary injunction. Signed by Judge Gregory A. Presnell on 9/15/2011. (ED) (Entered: 09/15/2011)
2011-09-1919MOTION to intervene by SeaWorld Parks & Entertainment, LLC. (Attachments: # 1 Exhibit INTERVENOR COMPLAINT)(Herbert, Gregory) (Entered: 09/19/2011)
2011-09-2220MOTION to dismiss Complaint for declaratory and permanent injunctive relief by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) (Entered: 09/22/2011)
2011-09-2921MOTION for extension of time to file response to 19 motion to intervene by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) Motions referred to Magistrate Judge David A. Baker. *Modified text on 9/30/2011 (MAA). (Entered: 09/29/2011)
2011-10-0422CERTIFICATE of interested persons and corporate disclosure statement re 14 Interested persons order by SeaWorld Parks & Entertainment, LLC. (Herbert, Gregory) (Entered: 10/04/2011)
2011-10-1123AMENDED COMPLAINT against All Defendants filed by All Plaintiffs.(Coe, George) (Entered: 10/11/2011)
2011-10-1124RESPONSE to motion re 20 MOTION to dismiss Complaint for declaratory and permanent injunctive relief filed by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Coe, George) (Entered: 10/11/2011)
2011-10-1725ENDORSED ORDER denying as moot 20 Motion to dismiss due to filing of 23 Amended Complaint. Signed by Judge Gregory A. Presnell on 10/17/2011. (ED) (Entered: 10/17/2011)
2011-10-1826ORDER denying 21 Motion for extension of time to file response/reply. Signed by Judge Gregory A. Presnell on 10/18/2011. (ED) (Entered: 10/18/2011)
2011-10-2127MOTION for summary judgment and Motion to Dismiss Plaintiffs' Amended Complaint by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Attachments: # 1 Exhibit A, # 2 *DELETED: Exhibit B Part 1, # 3 *DELETED: Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D)(Hopkins, Ralph) . *Exhibit B deleted (contains personal information); government to refile redacted version - Modified text, deleted PDFs, and Added MOTION to dismiss on 10/24/2011 (MAA). (Entered: 10/21/2011)
2011-10-2428MOTION for Stephen Leahu to withdraw as attorney by SeaWorld Parks & Entertainment, LLC. (Leahu, Stephen) *Modified text/event type on 10/24/2011 (MAA). (Entered: 10/24/2011)
2011-10-2429MILBURN ORDER re 27 MOTION for summary judgment filed by Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor. The Plaintiffs will be allowed until November 28, 2011, to file responsive memoranda. In addition to electronically filing exhibits in support of their papers, the parties are directed to provide chambers with a courtesy paper copy of any such exhibits. Signed by Judge Gregory A. Presnell on 10/24/2011. Copies mailed.(LAM) (Entered: 10/24/2011)
2011-10-2530ENDORSED ORDER granting 28 Motion to withdraw as attorney. Signed by Judge Gregory A. Presnell on 10/25/2011. (ED) (Entered: 10/25/2011)
2011-10-2531ORDER granting 19 Motion to intervene. Signed by Judge Gregory A. Presnell on 10/25/2011. (ED) (Entered: 10/25/2011)
2011-10-2532NOTICE by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor of Filing Redacted Exhibit B in Support of Dkt. 27 (Attachments: # 1 Exhibit B Part 1, # 2 Exhibit B Part 2, # 3 Exhibit B Part 3)(Hopkins, Ralph) (Entered: 10/25/2011)
2011-11-0333NOTICE of pendency of related cases re per Local Rule 1.04(d) by SeaWorld Parks & Entertainment, LLC. Related case(s): yes (Herbert, Gregory) (Entered: 11/03/2011)
2011-11-0434INTERVENOR'S COMPLAINT filed by SeaWorld Parks & Entertainment, LLC.(Herbert, Gregory) (Entered: 11/04/2011)
2011-11-0735CASE MANAGEMENT REPORT. (Coe, George) (Entered: 11/07/2011)
2011-11-1536MOTION to dismiss Intervenor's Complaint by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) (Entered: 11/15/2011)
2011-11-1637CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 11/16/2011. (TKW) (Entered: 11/16/2011)
2011-11-16CASE REFERRED to mediation. (MAA) (Entered: 11/17/2011)
2011-11-16Set/reset scheduling order deadlines: Amended Pleadings due by 11/30/2011, Joinder of Parties due by 11/30/2011, Discovery due by 2/27/2012, Dispositive motions due by 3/7/2012, Pretrial statement due by 4/13/2012, All other motions due by 4/27/2012, Final Pretrial Conference set for 5/11/2012 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Bench Trial set for 6/4/2012 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 2/9/2012. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 12/23/2011, Plaintiff disclosure of expert report due by 11/23/2011. (MAA) (Entered: 11/17/2011)
2011-11-2838RESPONSE in opposition re 27 MOTION for summary judgment and Motion to Dismiss Plaintiffs' Amended Complaint filed by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Coe, George) (Entered: 11/28/2011)
2011-11-2839DECLARATION of George R. Coe re 38 Response in opposition to motion by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Coe, George) (Entered: 11/28/2011)
2011-12-0240AMENDED COMPLAINT by INTERVENOR against All Defendants filed by SeaWorld Parks & Entertainment, LLC.(Herbert, Gregory) (Entered: 12/02/2011)
2011-12-0541ENDORSED ORDER denying as moot 36 Motion to dismiss due to filing of 40 Amended Complaint. Signed by Judge Gregory A. Presnell on 12/5/2011. (ED) (Entered: 12/05/2011)
2011-12-1242REPLY re 38 Response in opposition to motion filed by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor. (Attachments: # 1 Exhibit 1)(Hopkins, Ralph) *Modified text on 12/13/2011 (MAA). (Entered: 12/12/2011)
2011-12-2143MOTION for protective order and to File Exhibits Under Seal by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coe, George) Motions referred to Magistrate Judge David A. Baker. (E-mailed/notified chambers of the filing of this motion on 12/22/11)(IGC). (Entered: 12/21/2011)
2012-01-1044MOTION for summary judgment and Motion to Dismiss Intervenor's Amended Complaint by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) (Entered: 01/10/2012)
2012-01-1145ORDER denying 43 Motion for protective order and file exhibits under seal. Signed by Magistrate Judge David A. Baker on 1/11/2012. (LAK) (Entered: 01/11/2012)
2012-01-1146NOTICE by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde of Mediation (set for 2/9/12). (Coe, George) *Modified text on 1/12/2012 (MAA). (Entered: 01/11/2012)
2012-01-1147MILBURN ORDER re 44 MOTION for summary judgment and Motion to Dismiss Intervenor's Amended Complaint filed by Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor. Plaintiffs will be allowed until February 10, 2012, to file responsive memoranda. Defendants may file a reply brief, not exceeding ten (10) pages, within 14 days after the response is served. In addition to electronically filing exhibits in support of their papers, the parties are directed to provide chambers with a courtesy paper copy of any such exhibits. Signed by Judge Gregory A. Presnell on 1/11/2012. Copies mailed.(LAM) (Entered: 01/11/2012)
2012-01-11Set/reset deadlines as to 44 MOTION for summary judgment and Motion to Dismiss Intervenor's Amended Complaint : Responses due by 2/10/2012. (MAA) (Entered: 01/12/2012)
2012-01-1848ORDER granting in part and denying in part 27 Motion for summary judgment; granting in part and denying in part 27 Motion to dismiss. Signed by Judge Gregory A. Presnell on 1/18/2012. (ED) (Entered: 01/18/2012)
2012-02-0749NOTICE OF INTERLOCUTORY APPEAL as to 48 Order on motion for summary judgmentOrder on motion to dismiss by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde. (Filing fee not paid) (Coe, George) *Modified text on 2/8/2012 (MAA). (Entered: 02/07/2012)
2012-02-0750APPEAL FILING FEES paid by Scott Brancheau, Deborah Frogameni, Charles Loverde, and Marion Loverde (Filing fee $455 receipt number ORL014397) (SR) (Entered: 02/08/2012)
2012-02-08TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 49 Notice of appeal. (MAA) (Entered: 02/08/2012)
2012-02-1051Unopposed MOTION for extension of time to file response/reply as to 44 MOTION for summary judgment and Motion to Dismiss Intervenor's Amended Complaint by SeaWorld Parks & Entertainment, LLC. (Herbert, Gregory) Motions referred to Magistrate Judge David A. Baker. (Entered: 02/10/2012)
2012-02-1152ENDORSED ORDER granting 51 Motion for extension of time to file response/reply. The time for the responsive memorandum is likewise extended. Signed by Magistrate Judge David A. Baker on 2/11/2012. (Baker, David) (Entered: 02/11/2012)
2012-02-1553RESPONSE in opposition re 44 MOTION for summary judgment and Motion to Dismiss Intervenor's Amended Complaint filed by SeaWorld Parks & Entertainment, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Herbert, Gregory) (Entered: 02/15/2012)
2012-02-2254MEDIATION REPORT: Hearing held on 2/9/12; Hearing outcome: Impasse(JET) (Entered: 02/22/2012)
2012-02-2955REPLY to re 53 Response in opposition to 44 Motion for summary judgment filed by Assistant Secretary of Labor, Occupational Safety and Health Administration, Secretary of Labor, United States Department of Labor. (Hopkins, Ralph) Modified on 3/1/2012 (IGC). (Entered: 02/29/2012)
2012-03-0756TRANSCRIPT information form filed by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde re 49 Notice of appeal. USCA number: 12-10770-DD. (Coe, George) (Entered: 03/07/2012)
2012-03-2957ORDER granting in part and denying in part 44 Motion for summary judgment and to dismiss. Signed by Judge Gregory A. Presnell on 3/29/2012. (ED) (Entered: 03/29/2012)
2012-03-2958ORDER that the trial of this case, pending on the June 2012 docket is hereby CANCELED. Signed by Judge Gregory A. Presnell on 3/29/2012. (TKW) (Entered: 03/29/2012)
2012-03-3059NOTICE canceling Final Pretrial Conference hearing scheduled for 5/11/2012. (LAM) (Entered: 03/30/2012)
2012-04-1260NOTICE OF INTERLOCUTORY APPEAL as to 57 Order on motion for summary judgment by SeaWorld Parks & Entertainment, LLC. (Filing fee not paid) (Herbert, Gregory) *Modified text on 4/13/2012 (MAA). (Entered: 04/12/2012)
2012-04-12USCA appeal fees received $ 455 receipt number Orl 16100 re 60 Notice of appeal filed by SeaWorld Parks & Entertainment, LLC. (CH) (Entered: 04/13/2012)
2012-04-13TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 60 Notice of appeal. (MAA) (Entered: 04/13/2012)
2012-04-16TRANSMITTAL to USCA forwarding Filing Fee Paid re 60 Notice of appeal USCA number: TBA. (CH) (Entered: 04/16/2012)
2012-04-2561TRANSCRIPT information form filed by SeaWorld Parks & Entertainment, LLC re 60 Notice of appeal. (Herbert, Gregory) (Entered: 04/25/2012)
2013-03-2762MANDATE of USCA as to 49 Notice of appeal filed by Deborah Frogameni, Marion Loverde, Charles Loverde, Scott Brancheau, 60 Notice of appeal filed by SeaWorld Parks & Entertainment, LLC. Issued as Mandate: 3/27/13 USCA number: 12-10770-DD and 12-12003-DD. DISMISSAL LETTER. (JET) (Entered: 03/28/2013)
2013-04-0363ENDORSED ORDER In light of the dismissal of the interlocutory appeals, the parties are ORDERED to file, on or before April 18, 2013, a status report as to whether any issues remain to be resolved or whether dismissal is warranted. (ED) (Entered: 04/03/2013)
2013-04-1864STATUS report by SeaWorld Parks & Entertainment, LLC as to Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor. (Herbert, Gregory) (Entered: 04/18/2013)
2013-04-1865STATUS report by Scott Brancheau, Deborah Frogameni, Charles Loverde, Marion Loverde as to Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor. (Coe, George) (Entered: 04/18/2013)
2013-04-1966STATUS report (Defendants' Status Report) by Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor as to Secretary of Labor, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor. (Hopkins, Ralph) (Entered: 04/19/2013)
2013-04-2667ORDER directing Clerk to close file. Signed by Judge Gregory A. Presnell on 4/26/2013. (ED) (Entered: 04/26/2013)
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by FOIA Project Staff
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