Wing v. Clear Align, LLC
| James M. Wing |
| CLEAR ALIGN, LLC |
| 2:2021cv03624 |
| August 12, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| R BARCLAY SURRICK |
| Civil Rights: Employment |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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COPY OF DOC. NO. 31 HAS BEEN MAILED TO COUNSEL. (bw, )
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Filing 31
ORDER THAT AN INITIAL PRETRIAL CONFERENCE WILL BE HELD ON OCTOBER 18, 2021 AT 3:00 P.M. VIA TELEPHONE. ALL TRIAL COUNSEL AND UNREPRESENTED PARTIES SHALL PARTICIPATE. COUNSEL PARTICIPATING IN THE CONFERENCE MUST BE AUTHORIZED AND EMPOWERED TO DISCUSS AND MAKE BINDING DECISIONS WITH REGARD TO ALL ASPECTS OF THIS CASE. NO LATER THAN FIVE (5) DAYS PRIOR TO THE DATE OF THE INITIAL PRETRIAL SCHEDULING CONFERENCE, THE PARTIES SHALL FILE WITH THE COURT A WRITTEN JOINT CASE REPORT, ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 9/27/21. 9/28/21 ENTERED AND COPIES E-MAILED. ATTYS KING & MARTIN NOT MAILED. (va, ) Modified on 9/28/2021 (va, ).
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Filing 30
ANSWER to Complaint and Defenses by CLEAR ALIGN, LLC.(KEEFE, EILEEN)
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Filing 29
NOTICE of Appearance by EILEEN KEEFE on behalf of CLEAR ALIGN, LLC with Certificate of Service(KEEFE, EILEEN)
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PLEADING #28 MAILED TO COUNSEL (JL )
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DOC # 28 MAILED TO COUNSEL (rf, )
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Filing 28
ORDER THAT THE APPLICATION OF BENJAMIN KING (ECF NO. #27 TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5(b) IS GRANTED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 09/14/2021.09/15/2021 ENTERED AND COPIES NOT MAILED TO ATTORNEY AND E-MAILED.(nd, )
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Filing 27
First MOTION for Pro Hac Vice for Benjamin King, Esq. ( Filing fee $ 40 receipt number APAEDC-15402700.) filed by James M. Wing.Proposed Order, Motion for Pro Hac Vice Admission of Benjamin King, Esq. and Certificate of Service. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(ZIMMERMAN, ROBERT)
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DOC. 26 MAILED TO COUNSEL WITHOUT EMAIL ADDRESS. (sg, )
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Filing 26
STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT BY 9/24/2021.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 08/25/2021. 08/26/2021 ENTERED AND COPIES NOT MAILED TO COUNSEL.(nd, ) Modified on 8/26/2021 (nd, ).
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Filing 25
Case transferred in from District of New Hampshire; Case Number 1:20-cv-01143. Original file certified copy of transfer order and docket sheet received.
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Civil Case Transferred and Terminated. (lw) [Transferred from New Hampshire on 8/13/2021.]
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Filing 24
ORDER granting in part and denying in part #10 Motion to Dismiss, or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a). It is granted to the extent Clear Align seeks a transfer to the United States District Court for the Eastern District of Pennsylvania. In all other respects, that motion is denied. The Clerk of Court shall transfer this matter to the United States District Court for the Eastern District of Pennsylvania and close the case on this court's docket. So Ordered by Judge Steven J. McAuliffe.(lw) [Transferred from New Hampshire on 8/13/2021.]
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Case reassigned to Judge Steven J. McAuliffe. The new case designation is: 20-cv-1143-LM. Please show this number with the correct judge designation on all further pleadings.(de) [Transferred from New Hampshire on 8/13/2021.]
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Filing 23
ORDER OF RECUSAL. Chief Judge Landya B. McCafferty recused. So Ordered by Chief Judge Landya B. McCafferty. (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 22
MOTION for Hearing re #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) Motion for Oral Argument filed by Clear Align, LLC. HEARING REQUESTED.Follow up on Objection on 5/5/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Filing 21
MOTION for Leave to File Def's Surreply in Resp to Plf's Surreply Memo Regarding Def's Motion to Dismiss or Transfer Venue filed by Clear Align, LLC.Follow up on Objection on 4/29/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Def's Surreply in Response to Plf's Surreply Memo Re Def's Mot to Dismiss or Transfer Venue)(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER denying #21 Motion for Leave to File Surreply in Response to Plf's Surreply Memo Regarding Def's Motion to Dismiss or Transfer Venue. Text of Order: Contrary to defendant's contention, plaintiff was not required to seek leave to file a surreply. See LR 7.1(e)(3). Rather, once defendant filed a reply in support of its dispositive motion, see LR 7.1(e)(1), plaintiff gained the right to file a surreply, see LR 7.1(e)(3). Local Rule 7.1(e)(3) further notes that "surreplies are not encouraged and should be filed only in exceptional circumstances." Defendant's motion (doc. no. 23), which essentially seeks leave to file a surreply to a surreply, is denied. So Ordered by Chief Judge Landya B. McCafferty. (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 20
Exhibit A- Defendant's HRC submission to #19 Surreply to Reply by James M. Wing.(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 19
SURREPLY to Reply to #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) filed by James M. Wing. (King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 18
REPLY to Objection to Motion re #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) CORRECTION OF ECF #17 filed by Clear Align, LLC. Surreply due by 4/5/2021. (Attachments: #1 Exhibit)(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Filing 17
REPLACED BY DOCUMENT #18 . REPLY to Objection to Motion re #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) Defendant's Reply in Support of its Motion to Dismiss filed by Clear Align, LLC. Surreply due by 4/5/2021. (Attachments: #1 Exhibit)(Martin, Samuel) Modified on 3/30/2021 to add: REPLACED BY DOCUMENT 18 (de). [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER granting #16 Motion to Extend Time to Object/Respond. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Reply on 3/29/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 16
Assented to MOTION to Extend Time to Object/Respond to #14 Objection to Motion, to 3/29/2021 filed by Clear Align, LLC.(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Motion terminated: #13 MOTION to Amend #1 Complaint - New Case, filed by James M. Wing - THIS MOTION HAS BEEN WITHDRAWN BY COUNSEL FOR THE PLAINTIFF. (de) [Transferred from New Hampshire on 8/13/2021.]
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Filing 15
Notice of Withdrawal of Motion: #13 MOTION to Amend #1 Complaint - New Case, .(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 14
OBJECTION to #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) filed by James M. Wing. Follow up on Reply on 3/22/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 13
WITHDRAWN. MOTION to Amend #1 Complaint - New Case, filed by James M. Wing.Follow up on Objection on 3/29/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit 1- First Amended Complaint, #2 Exhibit A- Jan12,2018 letter, #3 Exhibit B- Employment Agreement, #4 Exhibit C- Performance review, #5 Exhibit D- Letter to Irvin, #6 Exhibit E- Charge of Discrimination, #7 Exhibit F- Letter to Wing, #8 Exhibit G- EEOC Right to Sue)(King, Benjamin) Modified on 3/17/2021 to add: WITHDRAWN. (de). [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER granting #12 Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 3/15/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 12
Assented to MOTION to Continue and Extend Deadlines Deadline for Objection to Motion to Dismiss to March 15, 2021 filed by James M. Wing.(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER granting #11 Motion to Extend Time to Object/Respond to #10 Motion to Dismiss. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 3/12/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 11
Assented to MOTION to Extend Time to Object/Respond to #10 MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) to 03/12/2021 filed by James M. Wing.(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER. Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motion to Dismiss, or Alternatively Transfer Venue. Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) until after the rescheduled pretrial conference. So Ordered by Chief Judge Landya B. McCafferty.(de) [Transferred from New Hampshire on 8/13/2021.]
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Filing 10
MOTION to Dismiss , or Alternatively to Transfer Venue Pursuant to 28 U.S.C. Sec. 1404(a) filed by Clear Align, LLC.Follow up on Objection on 3/5/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A to Memo of Law)(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Filing 9
NOTICE of Attorney Appearance by Debra Weiss Ford on behalf of Clear Align, LLC Attorney Debra Weiss Ford added to party Clear Align, LLC(pty:dft).(Ford, Debra) [Transferred from New Hampshire on 8/13/2021.]
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Filing 8
Assented to MOTION to Extend Time to Answer to February 19, 2021 filed by Clear Align, LLC.(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Filing 7
Disclosure Statement by Clear Align, LLC disclosing no parent company, no publicly traded company, and no merger agreement. (Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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Filing 6
NOTICE of Attorney Appearance by Samuel Huntington Martin on behalf of Clear Align, LLC Attorney Samuel Huntington Martin added to party Clear Align, LLC(pty:dft).(Martin, Samuel) [Transferred from New Hampshire on 8/13/2021.]
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ENDORSED ORDER granting #8 Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 2/19/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) [Transferred from New Hampshire on 8/13/2021.]
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Filing 5
Summons issued electronically as to Clear Align, LLC. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ed) [Transferred from New Hampshire on 8/13/2021.]
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Filing 4
WAIVER OF SERVICE Returned Executed as to Clear Align, LLC by James M. Wing. Served/Mailed on 12/7/2020. Answer Follow Up on 2/8/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS/WAIVER by James M. Wing(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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Filing 2
Notice of Lawsuit/Waiver issued electronically as to Clear Align, LLC. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ed) [Transferred from New Hampshire on 8/13/2021.]
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) [Transferred from New Hampshire on 8/13/2021.]
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Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-1143-LM. Please show this number with the judge designation on all future pleadings. (ed) [Transferred from New Hampshire on 8/13/2021.]
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Filing 1
NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number ANHDC-2053584 filed by James M. Wing. (Attachments: #1 Exhibit A- Jan12,2018 letter, #2 Exhibit B- Performance review, #3 Exhibit C- Letter to Irvin, #4 Exhibit D- Charge of Discrimination, #5 Exhibit E- Letter to Wing, #6 Exhibit F- EEOC Right to Sue, #7 Civil Cover Sheet, #8 Notice ECF Notice of Lawsuit, #9 Summons - Waiver of Service)(King, Benjamin) [Transferred from New Hampshire on 8/13/2021.]
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| Plaintiff: James M. Wing | |
| Represented By: | Benjamin T. King |
| Represented By: | ROBERT W. ZIMMERMAN |
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| Defendant: CLEAR ALIGN, LLC | |
| Represented By: | Debra Weiss Ford |
| Represented By: | Samuel H. Martin |
| Represented By: | EILEEN KEEFE |
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