Gaby's Bags, LLC v. Mercari, Inc.

Gaby's Bags, LLC v. Mercari, Inc.

Plaintiff:	Gaby's Bags, LLC
Defendant:	Mercari, Inc.
Case Number:	3:2020cv00734
Filed:	January 31, 2020
Court:	US District Court for the Northern District of California
Presiding Judge:	William Alsup
Referring Judge:	Laurel Beeler
2 Judge:	Thomas S Hixson
Nature of Suit:	Other Statutory Actions
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on July 12, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 27, 2020	Filing 110 Discovery Order re Case Referred to Magistrate Judge for Discovery: Signed by Magistrate Judge Thomas S. Hixson on 3/27/2020. (Attachments: #1 Standing Order re Discovery Referral)(rmm2S, COURT STAFF) (Filed on 3/27/2020)
March 27, 2020	CASE REFERRED to Magistrate Judge Thomas S. Hixson for Discovery (ahm, COURT STAFF) (Filed on 3/27/2020)
March 26, 2020	Filing 109 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re #82 MOTION for Judgment on the Pleadings, #90 MOTION for Order Directing Plaintiff to Preserve Evidence held on 3/26/2020. Matter taken under submission. Initial Case Management Conference held on 3/26/2020; CASE REFERRED to ADR Unit for mediation, CASE REFERRED to Magistrate Judge for Discovery. Court to issue written order. Jury Selection set for 8/30/2021 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Jury Trial set for 8/30/2021, 8/31/2021, 9/1/2021, 9/2/2021, 9/3/2021 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (Total Time in Court: 45 minutes.) Court Reporter: Belle Ball. Plaintiff Attorney: Andrew Shapiro, Jamie Dupree. Defendant Attorney: Bety Javidzad, Jacqueline Whipple. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 3/26/2020)
March 20, 2020	Filing 108 CLERK'S NOTICE ADVANCING HEARINGS: Motion Hearing re #82 MOTION for Judgment on the Pleadings and Initial Case Management Conference previously set for 3/26/2020 11:00 AM is converted to a telephonic hearing and rescheduled to 3/26/2020 08:00 AM before Judge William Alsup. Counsel shall contact CourtCall at (888) 882-6878 to make arrangements for setting up their telephonic appearances. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 3/20/2020)
March 20, 2020	Filing 107 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shapiro, Andrew) (Filed on 3/20/2020)
March 20, 2020	Set/Reset Hearing (tlhS, COURT STAFF) (Filed on 3/20/2020)
March 19, 2020	Filing 106 JOINT CASE MANAGEMENT STATEMENT filed by Mercari, Inc.. (Javidzad, Bety) (Filed on 3/19/2020)
March 19, 2020	Filing 105 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Javidzad, Bety) (Filed on 3/19/2020)
March 18, 2020	Filing 104 ORDER RE HEARING ON DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS (whalc4, COURT STAFF) (Filed on 3/18/2020)
March 17, 2020	Filing 103 Notice of Withdrawal of Motion OF PLAINTIFFS UNOPPOSED SECOND MOTION FOR ADMINISTRATIVE RELIEF TO APPEAR TELEPHONICALLY AT MARCH 26, 2020 HEARING AND MARCH 26, 2020 CASE MANAGEMENT CONFERENCE BASED UPON NEW DEVELOPMENTS (ECF No. 102) (Shapiro, Andrew) (Filed on 3/17/2020)
March 16, 2020	Filing 102 Second MOTION to Appear by Telephone UNOPPOSED filed by Gaby's Bags, LLC. (Attachments: #1 Declaration of Andrew M. Shapiro, #2 Declaration of Jamie Dupree, #3 Proposed Order)(Shapiro, Andrew) (Filed on 3/16/2020)
March 12, 2020	Filing 101 ORDER RESETTING HEARING AND DENYING MOTION TO APPEAR BY TELEPHONE by Judge William Alsup [denying #98 Motion to Appear by Telephone]. Case Management Statement due by 3/19/2020. Initial Case Management Conference set for 3/26/2020 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Motion Hearing set for 3/26/2020 11:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup.(whasec, COURT STAFF) (Filed on 3/12/2020)
March 12, 2020	Filing 100 CLERK'S NOTICE RESCHEDULING HEARINGS: Motion Hearing re #82 MOTION for Judgment on the Pleadings previously set for 3/19/2020 08:00 AM is rescheduled to 3/26/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Initial Case Management Conference previously set for 3/26/2020 11:00 AM is rescheduled to 3/26/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 3/12/2020)
March 10, 2020	Filing 99 CLERK'S NOTICE CONTINUING MOTION HEARING: Motion Hearing re #82 MOTION for Judgment on the Pleadings previously set for 3/19/2020 08:00 AM is rescheduled to 3/19/2020 02:00 PM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 3/10/2020)
March 6, 2020	Filing 98 MOTION to Appear by Telephone [Unopposed] filed by Gaby's Bags, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Shapiro, Andrew) (Filed on 3/6/2020)
March 4, 2020	Filing 97 REPLY in Support (re #82 MOTION for Judgment on the Pleadings) filed by Mercari, Inc.. (Javidzad, Bety) (Filed on 3/4/2020)
March 2, 2020	Filing 96 ORDER DENYING #85 LEAVE TO FILE MOTION FOR RECONSIDERATION. SIGNED BY JUDGE ALSUP. (whalc2, COURT STAFF) (Filed on 3/2/2020)
March 2, 2020	Filing 95 ORDER RE #90 DEFENDANT'S MOTION FOR PRESERVATION ORDER. Signed by Judge Alsup on 3/2/2020. (whalc2, COURT STAFF) (Filed on 3/2/2020)
February 28, 2020	Filing 93 OPPOSITION/RESPONSE (re #91 ADMINISTRATIVE MOTION for 30 Day Extension of Time to Respond to Plaintiff's Discovery ) filed byGaby's Bags, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Shapiro, Andrew) (Filed on 2/28/2020)
February 26, 2020	Filing 92 OPPOSITION/RESPONSE (re #82 MOTION for Judgment on the Pleadings ) filed byGaby's Bags, LLC. (Shapiro, Andrew) (Filed on 2/26/2020)
February 24, 2020	Filing 91 ADMINISTRATIVE MOTION for 30 Day Extension of Time to Respond to Plaintiff's Discovery filed by Mercari, Inc.. Responses due by 2/28/2020. (Attachments: #1 Declaration of Bety Javidzad, #2 Proposed Order)(Javidzad, Bety) (Filed on 2/24/2020)
February 19, 2020	Filing 90 MOTION for Order Directing Plaintiff to Preserve Evidence filed by Mercari, Inc.. Motion Hearing set for 3/26/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 3/4/2020. Replies due by 3/11/2020. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration of Bety Javidzad, #3 Proposed Order)(Javidzad, Bety) (Filed on 2/19/2020)
February 19, 2020	Filing 89 Response re #87 Notice (Other) byGaby's Bags, LLC. (Shapiro, Andrew) (Filed on 2/19/2020)
February 19, 2020	Filing 88 CLERK'S NOTICE TO PARTIES FOR RE-NOTICING MOTIONS: This is a second reminder to parties that all pending motions must be re-noticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The Court will not reference prior supporting or opposition briefs, nor will it take into account prior briefing schedules, which were terminated on transfer. If briefing was complete before transfer, all briefs shall be filed along with the re-notice and the hearing date must be at least three weeks out. Otherwise the new hearing date must be at least five weeks from the date the motion was filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 2/19/2020)
February 19, 2020	#Electronic filing error Re: #87 Notice (Other) filed by Mercari, Inc.. Incorrect event used. [err101] Please re-file in its entirety using <<<<. (slhS, COURT STAFF) (Filed on 2/19/2020)
February 18, 2020	Filing 87 NOTICE by Mercari, Inc. of Unopposed Motion for Order Directing Plaintiff to Preserve Evidence (ECF No. 62) (Javidzad, Bety) (Filed on 2/18/2020)
February 18, 2020	Filing 86 OPPOSITION/RESPONSE (re #85 MOTION for Leave to File Motion for Reconsideration of Court Order (ECF No. 67) ) filed byMercari, Inc.. (Attachments: #1 Declaration of Bety Javidzad, #2 Proposed Order)(Javidzad, Bety) (Filed on 2/18/2020)
February 17, 2020	Filing 85 MOTION for Leave to File Motion for Reconsideration of Court Order (ECF No. 67) filed by Gaby's Bags, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Shapiro, Andrew) (Filed on 2/17/2020) Modified on 2/18/2020 (slhS, COURT STAFF).
February 13, 2020	Filing 84 OPPOSITION/RESPONSE to (re #76 ADMINISTRATIVE MOTION FOR ADMINISTRATIVE RELIEF FOR AN EARLIER INITIAL CASE MANAGEMENT CONFERENCE re #69 Initial Case Management Scheduling Order with ADR Deadlines, re #77 ADMINISTRATIVE MOTION FOR ADMINISTRATIVE RELIEF FOR ORDER EXTENDING TIME TO FILE VARIOUS MOTIONS AND RESPONSE TO DEFENDANTS COUNTERCLAIM re #24 , re #7 Answer to Complaint, Counterclaim, re #23 , re #62 ) filed by Mercari, Inc.. (Attachments: #1 Declaration of Bety Javidzad, #2 Proposed Order)(Javidzad, Bety) (Filed on 2/13/2020)
February 12, 2020	Filing 83 Brief in Support of re #82 MOTION for Judgment on the Pleadings filed by Mercari, Inc.. (Attachments: #1 Declaration of Bety Javidzad, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Related document(s) #82 ) (Javidzad, Bety) (Filed on 2/12/2020)
February 12, 2020	Filing 82 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Mercari, Inc.. Motion Hearing set for 3/19/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 2/26/2020. Replies due by 3/4/2020. (Javidzad, Bety) (Filed on 2/12/2020)
February 12, 2020	Filing 81 CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 3/19/2020. Initial Case Management Conference set for 3/26/2020 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 2/12/2020)
February 11, 2020	Filing 80 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 2/11/20. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 2/11/2020)
February 10, 2020	Filing 79 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 2/10/2020)
February 10, 2020	Filing 78 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mercari, Inc... (Javidzad, Bety) (Filed on 2/10/2020)
February 10, 2020	Filing 77 ADMINISTRATIVE MOTION FOR ADMINISTRATIVE RELIEF FOR ORDER EXTENDING TIME TO FILE VARIOUS MOTIONS AND RESPONSE TO DEFENDANTS COUNTERCLAIM re #24 , re #7 Answer to Complaint and Counterclaim, re #23 , re #62 filed by Gaby's Bags, LLC. Responses due by 2/14/2020. (Attachments: #(1) Declaration, #(2) [Proposed] Order)(Shapiro, Andrew) (Filed on 2/10/2020)
February 10, 2020	Filing 76 ADMINISTRATIVE MOTION FOR ADMINISTRATIVE RELIEF FOR AN EARLIER INITIAL CASE MANAGEMENT CONFERENCE re #69 Initial Case Management Scheduling Order with ADR Deadlines, filed by Gaby's Bags, LLC. Responses due by 2/14/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Shapiro, Andrew) (Filed on 2/10/2020)
February 7, 2020	Filing 75 Order by Magistrate Judge Laurel Beeler granting #73 Motion for Pro Hac Vice. Attorney Andrew M. Shapiro representing Plaintiff Gaby's Bags, LLC. (ejkS, COURT STAFF) (Filed on 2/7/2020)
February 7, 2020	Filing 74 Order by Magistrate Judge Laurel Beeler granting #71 Motion for Pro Hac Vice. Attorney Jacqueline M. Whipple representing Defendant Mercari, Inc. (ejkS, COURT STAFF) (Filed on 2/7/2020)
February 7, 2020	Filing 73 MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-14155317) filed by Gaby's Bags, LLC. (Attachments: #(1) Certificate of Good Standing)(Shapiro, Andrew) (Filed on 2/7/2020)
February 7, 2020	Filing 72 NOTICE of Appearance by Jamie L. Dupree - Notice of Appearance of Local Counsel of Record (Attachments: #1 Certificate/Proof of Service)(Dupree, Jamie) (Filed on 2/7/2020)
February 7, 2020	Filing 71 MOTION for Leave to Appear in Pro Hac Vice - Application for Admission of Attorney Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-14154925) filed by Mercari, Inc.. (Attachments: #(1) Certificate/Proof of Service Certificate of Good Standing)(Whipple, Jacqueline) (Filed on 2/7/2020)
February 4, 2020	Filing 70 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/18/2020. (ejkS, COURT STAFF) (Filed on 2/4/2020)
February 3, 2020	Filing 69 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/23/2020. Initial Case Management Conference set for 4/30/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 2/3/2020)
January 31, 2020	Filing 68 CASE TRANSFERRED in from United States District Court for the Middle District of Florida (Ft. Myers); Case Number 2:19-cv-00785-SPC-MRM. Original File Certified Copy of Transfer Order and Docket Sheet Received.
January 30, 2020	Filing 67 ORDERED: Plaintiff's Motion to Dismiss (Doc. #6 ) is DENIED as moot.Plaintiff's Motion to Dismiss Defendant's Counterclaim, or, in the Alternative, Motion for a More Definite Statement (Doc. #23 ) is DENIED without prejudice. Plaintiff's Motion to Strike Defendant's Affirmative Defenses (Doc. #24 ) is DENIED without prejudice. Defendant's Motion to Stay (Doc. #42 ) is DENIED as moot. Defendant's Motion for Leave to Respond (Doc. #63 ) is DENIED as moot. The Clerk is DIRECTED to TRANSFER this case to the United States District Court for the Northern District of California. The Clerk is DIRECTED to close the Fort Myers file. Signed by Judge Sheri Polster Chappell on 1/29/2020. (AEH)
January 28, 2020	Filing 66 MEMORANDUM in support re #63 Motion for Leave to file document (Defendant's Suppemental L.R. 3.01(g) Good-Faith Certificate) filed by Mercari, Inc.. (Whipple, Jacqueline)
January 27, 2020	Filing 65 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: Susan C. Baker. (SB)
January 27, 2020	Filing 64 TRANSCRIPT of Preliminary Pretrial Conference held on 1/7/2020 before Judge McCoy. Court Reporter/Transcriber Susan Baker,Telephone number 239-461-2064. 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 2/18/2020, Redacted Transcript Deadline set for 2/27/2020, Release of Transcript Restriction set for 4/27/2020. (SB)
January 27, 2020	Filing 63 MOTION for leave to file Response and Memorandum in Support (Defendant's Motion for Leave to Respond to Plaintiff Gaby Bags, LLC's January 21, 2020 "Response to Order to Show Cause," (ECF 61), and Memorandum in Support) by Mercari, Inc.. (Whipple, Jacqueline)
January 27, 2020	Filing 62 MOTION for miscellaneous relief, specifically For Order Directing Plaintiff to Preserve Evidence by Mercari, Inc.. (Attachments: #1 Exhibit A - Counsel Correspondence)(Whipple, Jacqueline)
January 21, 2020	Filing 61 RESPONSE TO ORDER TO SHOW CAUSE re #49 Order filed by Gaby's Bags, LLC. (Shapiro, Andrew)
January 21, 2020	Filing 60 NOTICE OF SELECTION of John S. Freud as mediator by Mercari, Inc..(Whipple, Jacqueline)
January 21, 2020	Filing 59 STIPULATION re #53 Case management and scheduling order Unilateral Partial Stipulation Selecting Mediator by Gaby's Bags, LLC. (Shapiro, Andrew)
January 17, 2020	Filing 58 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: TELEPHONE CONFERENCE held on 1/17/2020. (Digital) (jmc)
January 17, 2020	Filing 57 NOTICE of hearing: Telephone Conference set for 1/17/2020 at 04:15 PM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Please use the following dial in instructions for the hearing: DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587, SECURITY CODE:19785. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. (jmc)
January 16, 2020	Filing 56 RESPONSE in Opposition re #42 MOTION to stay (Defendant's Motion to Stay and Memorandum in Support) filed by Gaby's Bags, LLC. (Shapiro, Andrew)
January 14, 2020	Filing 55 RESPONSE re #49 Order (Defendant's Response to Order to Show Cause) filed by Mercari, Inc.. (Whipple, Jacqueline)
January 7, 2020	Filing 53 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/25/2021 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 7/6/2021 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 1/7/2020. (WRW)
January 7, 2020	Filing 52 ORAL ORDER granting in part and denying in part 51 ORAL Motion to extend deadline. Signed by Magistrate Judge Mac R. McCoy on 1/7/2020. (WRW)
January 7, 2020	Filing 51 ORAL MOTION to extend deadline. (WRW) Motions referred to Magistrate Judge Mac R. McCoy.
January 7, 2020	Filing 50 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 1/7/2020. (DIGITAL) (WRW)
January 6, 2020	Filing 49 ORDERED: Defendant must SHOW CAUSE, in writing not to exceed five (5) pages in length, on or before January 14, 2020, whether the case should be transferred if the terms of service contract is binding. Then, Plaintiff must SHOW CAUSE, in writing not to exceed five (5) pages in length, on or before January 21, 2020, whether the case should be transferred if the terms of service contract is binding. Signed by Judge Sheri Polster Chappell on 1/6/2020. (AEH)
January 6, 2020	Filing 48 ENDORSED ORDER denying as moot Plaintiff's Motion for Leave to File Reply (Doc. #45 ) in light of the Court's last order (Doc. 47). Signed by Judge Sheri Polster Chappell on 1/6/2020. (KRH)
January 6, 2020	Filing 47 ENDORSED ORDER. Before the Court is Plaintiff's Motion to Strike Defendant's Refiled Reply. (Doc. #43 ). Defendant responded in opposition (Doc. #44 ). Unlike last time (Doc. 39), Defendant did not incorporate a brief by reference. (Doc. #41 ). So Plaintiff's Motion to Strike (Doc. #43 ) is DENIED. Therefore, Plaintiff's alternative request for seven (7) more pages for its surreply brief is DENIED. And finally, Plaintiff's request for another one-week extension--to file an optional three (3) page surreply brief that the Court first allowed about one (1) month ago (Doc. 27)--is DENIED. Signed by Judge Sheri Polster Chappell on 1/6/2020.(KRH)
January 3, 2020	Filing 46 SUPPLEMENT re #45 Motion for leave to file reply to #44 Defendant's Memorandum in opposition to #43 Plaintiff's Motion to Strike Defendant's refiled reply by Gaby's Bags, LLC. (Shapiro, Andrew)
January 3, 2020	Filing 45 MOTION for leave to file reply to #44 Defendant's Memorandum in opposition to #43 Plaintiff's Motion to Strike Defendant's refiled reply by Gaby's Bags, LLC. (Shapiro, Andrew)
January 2, 2020	Filing 44 MEMORANDUM in opposition re #43 Motion to Strike (Defendant's Memorandum in Opposition to Plaintiff's "Motion to Strike Defendant's Refiled Reply, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to File Plaintiff's Surreply") filed by Mercari, Inc.. (Whipple, Jacqueline)
January 2, 2020	Filing 43 MOTION to Strike #41 Reply to Response to Motion to Dismiss, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to File Plaintiff's Surreply by Gaby's Bags, LLC. (Shapiro, Andrew)
January 2, 2020	Filing 42 MOTION to stay (Defendant's Motion to Stay and Memorandum in Support) by Mercari, Inc.. (Attachments: #1 Exhibit A)(Whipple, Jacqueline)
December 23, 2019	Filing 41 REPLY to Response to Motion re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Mercari, Inc.. (Whipple, Jacqueline)
December 20, 2019	Filing 40 ENDORSED ORDER denying as moot Plaintiff's Motion for Leave to File Reply (Doc. #38 ) in light of the Court's last order (Doc. 39). Signed by Judge Sheri Polster Chappell on 12/20/2019.(KRH)
December 20, 2019	Filing 39 ENDORSED ORDER. Before the Court is Plaintiff's Motion to Strike Defendant's Reply (Doc. #36 ). Defendant responded in opposition (Doc. #37 ). Under the Local Rules, the Court may strike a document for exceeding the page limit. Tooker v. Scott, No. 2:15-cv-272-FtM-38CM, 2016 WL 6276910, at 2 (M.D. Fla. Oct. 27, 2016). Defendant's reply brief (Doc. #32 ) on a motion to dismiss (Doc. #6 ) incorporates by reference its response (Doc. #29 ) to a separate motion to dismiss (Doc. #23 ). In effect, this adds ten pages to the five-page reply, which was only limited to five pages (Doc. 27), violating the Court's Order. See Mobile Shelter Sys. USA, Inc. v. Grate Pallet Sol., LLC, 845 F. Supp. 2d 1241, 1253 (M.D. Fla. 2012). So the Court STRIKES the reply brief (Doc. 32) with leave to refile (without incorporating an entire brief by reference) on or before December 30, 2019. Then, Plaintiff may file its permitted three page reply brief on or before January 3, 2020. Defendant's argument related to Local Rule 3.01(g) is well taken, however. Both parties are reminded the purpose of 3.01(g) "is to require the parties to communicate and resolve certain types of disputes without court intervention." George & Co. v. Cardinal Indus., Inc., No. 2:18-cv-154-FtM-38MRM, 2018 WL 5263450, at 2 (M.D. Fla. Oct. 23, 2018) (citation omitted). A "perfunctory email is insufficient" to confer in good faith to resolve the issues raised in a motion. See id. In the future, the Court expects the parties to confer with one another and resolve their disputes, if possible, without the Court's help. Signed by Judge Sheri Polster Chappell on 12/20/2019.(KRH)
December 20, 2019	Filing 38 MOTION for leave to file Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion to Strike Defendant's Reply by Gaby's Bags, LLC. (Shapiro, Andrew)
December 19, 2019	Filing 37 MEMORANDUM in opposition re #36 Motion to Strike (Defendant's Memorandum in Opposition to Plaintiff's "Motion to Strike Defendant's Reply, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to FIle Plaintiff's Surreply" filed by Mercari, Inc.. (Whipple, Jacqueline)
December 19, 2019	Filing 36 MOTION to Strike #32 Reply to Response to Motion to Dismiss, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to File Plaintiff's Surreply by Gaby's Bags, LLC. (Shapiro, Andrew)
December 17, 2019	Filing 35 ENDORSED ORDER denying Plaintiff's Motion for Leave to File Reply. (Doc. #31 ). "The purpose of a reply brief is to rebut any new law or facts contained in the oppositions response to a request for relief." Tardif v. People for Ethical Treatment of Animals, No. 2:09-cv-537-FtM-29SPC, 2011 WL 2729145, at 2 (M.D. Fla. July 13, 2011). But parties must also demonstrate good cause. E.g., DiRocco v. Victory Mktg. Agency, LLC, No. 2:15-cv-552-FtM-99CM, 2015 WL 13802200, at 1 (M.D. Fla. Nov. 4, 2015). Much of Plaintiff's argument is an unexplained string cite of cases it did not cite in its moving papers (Doc. #23 ) that Defendant cited in response (Doc. #29 ). Without more, the Court rejects that type of "generic and unsubstantiated" argument a response raises new law simply because it cites a different case. See Nationwide Ins. Co. of Am. v. Fla. Realty One, Inc., No. 2:19-cv-563-FtM-38MRM, 2019 WL 5423339, at *2 (M.D. Fla. Oct. 23, 2019). Signed by Judge Sheri Polster Chappell on 12/17/2019. (KRH)
December 17, 2019	Filing 34 ENDORSED ORDER denying Plaintiff's Motion for Leave to File Reply. (Doc. #30 ). "The purpose of a reply brief is to rebut any new law or facts contained in the oppositions response to a request for relief." Tardif v. People for Ethical Treatment of Animals, No. 2:09-cv-537-FtM-29SPC, 2011 WL 2729145, at 2 (M.D. Fla. July 13, 2011). But parties must also demonstrate good cause. E.g., DiRocco v. Victory Mktg. Agency, LLC, No. 2:15-cv-552-FtM-99CM, 2015 WL 13802200, at 1 (M.D. Fla. Nov. 4, 2015). Much of Plaintiff's argument is an unexplained string cite of cases it did not cite in its moving papers (Doc. #24 ) that Defendant cited in response (Doc. #28 ). Without more, the Court rejects that type of "generic and unsubstantiated" argument a response raises new law simply because it cites a different case. See Nationwide Ins. Co. of Am. v. Fla. Realty One, Inc., No. 2:19-cv-563-FtM-38MRM, 2019 WL 5423339, at *2 (M.D. Fla. Oct. 23, 2019). Signed by Judge Sheri Polster Chappell on 12/17/2019. (KRH)
December 17, 2019	Filing 33 MEMORANDUM in opposition re #31 Motion for Leave to file Reply to #29 Memorandum and #30 Motion for Leave to file Reply to #28 Memorandum filed by Mercari, Inc.. (Whipple, Jacqueline) Modified on 12/17/2019 as to docket text(MLS).
December 16, 2019	Filing 32 REPLY to Response to Motion re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Mercari, Inc.. (Whipple, Jacqueline) STRICKEN - Modified on 12/23/2019 per 39 Order(MLS).
December 13, 2019	Filing 31 MOTION for leave to file Reply re #29 MEMORANDUM in opposition to re #23 MOTION to Dismiss by Gaby's Bags, LLC. (Shapiro, Andrew) Modified on 12/13/2019 as to docket text (MLS).
December 13, 2019	Filing 30 MOTION for leave to file Reply to re #28 MEMORANDUM in opposition to re #24 MOTION to Strike Defendant's Affirmative Defenses by Gaby's Bags, LLC. (Shapiro, Andrew) Modified on 12/13/2019 as to docket text (MLS).
December 10, 2019	Filing 29 MEMORANDUM in opposition re #23 Motion to dismiss "Defendant's Counterclaim, Or, In The Alternative, Motion for A More Definite Statement" filed by Mercari, Inc.. (Whipple, Jacqueline)
December 10, 2019	Filing 28 MEMORANDUM in opposition re #24 Motion to Strike Defendant's Affirmative Defenses filed by Mercari, Inc.. (Whipple, Jacqueline)
December 9, 2019	Filing 27 ENDORSED ORDER granting Defendant's Motion for Leave to File Reply brief. (Doc. #25 ). While the Motion is opposed, the Court finds good cause for a reply brief given the identified issues. But the brief is limited to five (5) pages instead of the ten (10) requested. Thus, Defendant may file a reply brief, not to exceed five (5) pages in length, on or before December 16, 2019. And if Plaintiff desires, it may file a surreply brief, not to exceed three (3) pages in length, on or before December 23, 2019. Signed by Judge Sheri Polster Chappell on 12/9/2019. (KRH)
December 6, 2019	Filing 26 CASE MANAGEMENT REPORT. (Whipple, Jacqueline)
December 6, 2019	Filing 25 MOTION for leave to file Reply to Its Motion to Dismiss, and Memorandum in Support by Mercari, Inc.. (Whipple, Jacqueline)
November 26, 2019	Filing 24 MOTION to Strike #7 Answer to Complaint/Counterclaim by Gaby's Bags, LLC. (Shapiro, Andrew)
November 26, 2019	Filing 23 MOTION to Dismiss re #7 Mercari's Counterclaim by Gaby's Bags, LLC. (Shapiro, Andrew)
November 26, 2019	Filing 22 RESPONSE in Opposition re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Gaby's Bags, LLC. (Shapiro, Andrew)
November 26, 2019	Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Gaby's Bags, LLC. (Shapiro, Andrew)
November 26, 2019	Filing 20 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Gaby's Bags, LLC. Related case(s): no (Shapiro, Andrew)
November 18, 2019	Filing 19 ENDORSED ORDER granting #18 Plaintiff's Unopposed Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss, Notice of Pendency of Other Actions, and Certificate of Interested Persons and Corporate Disclosure Statement. No later than 11/26/2019, Plaintiff must file: (1) a response to Defendant's Motion to Dismiss (Doc. #6 ); a Notice of Pendency of Other Actions; and (3) a Certificate of Interested Persons and Corporate Disclosure Statement. Signed by Magistrate Judge Mac R. McCoy on 11/18/2019. (McCoy, Mac)
November 15, 2019	Filing 18 Unopposed MOTION for Extension of Time to File a Response to re #6 Defendant's Motion to Dismiss, #8 Notice of Pendency of Other Actions, and #9 Certificate of Interested Persons and Corporate Disclosure Statement by Gaby's Bags, LLC. (Shapiro, Andrew)
November 12, 2019	Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Mercari, Inc.. (Irel, Monica)
November 12, 2019	Filing 16 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Mercari, Inc.. Related case(s): No (Irel, Monica)
November 8, 2019	***PRO HAC VICE FEES paid by attorney Jacqueline M. Whipple, appearing on behalf of Mercari, Inc. (Filing fee $150 receipt number FtM014206.) Related document: #13 MOTION for Jacqueline M. Whipple to appear pro hac vice. (SPB)
November 8, 2019	***PRO HAC VICE FEES paid by attorney Bety Javidzad, appearing on behalf of Mercari, Inc. (Filing fee $150 receipt number FTM014207.) Related document: #12 MOTION for Bety Javidzad to appear pro hac vice. (SPB)
November 8, 2019	Filing 15 ORDER granting #13 Motion for Admission Pro Hac Vice of Jacqueline M. Whipple and Written Designation and Consent to Act. The Clerk is directed to add Jacqueline M. Whipple to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Jacqueline M. Whipple must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Jacqueline M. Whipple must submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/8/2019. (NM)
November 8, 2019	Filing 14 ORDER granting #12 Motion for Admission Pro Hac Vice of Bety Javidzad and Written Designation and Consent to Act. The Clerk is directed to add Bety Javidzad to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Bety Javidzad must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Bety Javidzad must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/8/2019. (NM)
November 7, 2019	Filing 13 MOTION for Jacqueline M. Whipple to appear pro hac vice by Mercari, Inc.. (Irel, Monica) Motions referred to Magistrate Judge Mac R. McCoy.
November 7, 2019	Filing 12 MOTION for Bety Javidzad to appear pro hac vice by Mercari, Inc.. (Irel, Monica) Motions referred to Magistrate Judge Mac R. McCoy.
November 5, 2019	Filing 11 ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 11/5/2019. (jmc) (jmc).
November 5, 2019	Filing 10 NOTICE of hearing: Preliminary Pretrial Conference set for 1/7/2020 at 10:15 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 12/30/2019. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc)
November 5, 2019	Filing 9 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/19/2019. Signed by All Divisional Judges on 11/5/2019. (jmc) (jmc).
November 5, 2019	Filing 8 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/19/2019. Signed by Judge Sheri Polster Chappell on 11/5/2019. (jmc)
November 5, 2019	Filing 7 ANSWER and affirmative defenses to #4 Complaint with Jury Demand , COUNTERCLAIM against Gaby's Bags, LLC by Mercari, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Irel, Monica)
November 5, 2019	Filing 6 MOTION to dismiss re #4 Complaint for failure to state a claim and Memorandum in Support by Mercari, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Irel, Monica) Modified on 11/5/2019 as to docket text (MLS).
October 30, 2019	Filing 5 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/30/2019. (MLS)
October 29, 2019	Filing 4 COMPLAINT against Mercari, Inc. with Jury Demand filed (in State Court 10/3/19) by Gaby's Bags, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(MLS)
October 29, 2019	Filing 3 CORPORATE Disclosure Statement by Mercari, Inc.. (Irel, Monica)
October 29, 2019	Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-785-FtM-38MRM. (SJB)
October 29, 2019	Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for 20th Judicial Circuit in and for Lee County, Florida, case number 19-CA-006518 filed in State Court on October 3, 2019. Filing Fee: $400.00, receipt number 113A-16084279. filed by Mercari, Inc.. (Attachments: #1 State Court COMPLAINT, #2 Exhibit, #3 State Court Other Documents, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Irel, Monica)

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Defendant: Mercari, Inc.
Represented By:	Jacqueline M. Whipple
Represented By:	Bety Javidzad
Represented By:	Monica L. Irel
Represented By:	Jacqueline Michelle Whipple
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Plaintiff: Gaby's Bags, LLC
Represented By:	Andrew Mikel Shapiro
Represented By:	Jamie L. Dupree
Represented By:	Jaime G. Touchstone
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