London Luxury LLC v. Walmart Inc.
Walmart Inc. |
London Luxury LLC |
5:2022cv05059 |
April 4, 2022 |
US District Court for the Western District of Arkansas |
Timothy L Brooks |
Contract: Other |
28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
Both |
Docket Report
This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 203 TEXT ONLY ORDER Setting HEARING via ZOOM re Discovery Dispute: Hearing set for 7/31/2023 01:30 PM before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on July 26, 2023. (slc) |
Filing 202 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED - UNREDACTED REPLY TO RESPONSE by London Luxury LLC. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal. This docket entry is related to #201 Reply to Response to Motion. (Attachments: #1 Exhibit A) (Richardson, Scott) |
Filing 201 REPLY to Response to Motion re #196 MOTION to Dismiss Partial of Walmart's Counterclaims with Incorporated Brief in Support (Redacted) filed by London Luxury LLC. (Richardson, Scott) |
Filing 200 TEXT ONLY ORDER granting #199 London Luxury's Motion for Leave to File Reply. The Reply must be filed no later than July 14, 2023. Signed by Honorable Timothy L. Brooks on July 6, 2023. (jld) |
Filing 199 MOTION for Leave to File a Reply by London Luxury LLC. (Richardson, Scott) |
Filing 198 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT by Walmart Inc.. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal. This docket entry is related to #197 Response to Motion,. (Attachments: #1 Exhibit Correspondences) (Chadick, Vincent) |
Filing 197 RESPONSE IN OPPOSITION TO Motion re #196 MOTION to Dismiss Partial of Walmart's Counterclaims with Incorporated Brief in Support (Redacted) filed by Walmart Inc.. (Attachments: #1 Exhibit Correspondences - Redacted))(Chadick, Vincent) |
Filing 196 MOTION to Dismiss Partial of Walmart's Counterclaims with Incorporated Brief in Support (Redacted) by London Luxury LLC. (Richardson, Scott) |
Filing 195 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - UNREDACTED MOTION FOR PARTIAL DISMISSAL OF WALMART'S COUNTERCLAIMS by London Luxury LLC. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal. (Richardson, Scott) Modified on 6/15/2023 (slc). |
Filing 194 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - UNREDACTED AMENDED ANSWER TO THE AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES AND SECOND AMENDED COUNTERCLAIMS by Walmart Inc.. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal. This docket entry is related to #193 Answer to Amended Complaint, Counterclaim. (Chadick, Vincent) Modified on 6/1/2023 (slc). |
Filing 193 Amended ANSWER to #140 Amended Complaint, with Jury Demand , Amended COUNTERCLAIM against London Luxury LLC by Walmart Inc..(Chadick, Vincent) |
Filing 192 TEXT ONLY ORDER finding as moot #187 Walmart's Motion for Leave to File a Reply. Signed by Honorable Timothy L. Brooks on May 31, 2023. (jld) |
Filing 191 TEXT ONLY ORDER granting #164 Walmart's Motion for Leave to File Amended Answer and Amended Counterclaims. The amended pleading must be filed by June 1, 2023, at 5 pm. "[W]hen a party seeks leave to amend a pleading outside of the time period established by a scheduling order," Hartis v. Chi. Title Ins. Co., 694 F.3d 935, 948 (8th Cir. 2012), "Rule 16(b)'s good-cause standard governs," id. The Court finds Walmart satisfies the good cause standard on the basis of newly discovered facts and Walmart's diligence in attempting to meet the Case Management Orders deadlines. The Court finds the parties' briefing inadequate to determine whether Walmart's proposed amendments fail to state a claim. To the extent London Luxury wishes to pursue that argument, it may file a motion to dismiss in response to Walmart's amended pleading. Signed by Honorable Timothy L. Brooks on May 31, 2023. (jld) |
Filing 190 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - UNREDACTED RESPONSE TO MOTION TO LEAVE TO FILE A REPLY BRIEF by London Luxury LLC. An Order was entered on 5/6/2022 allowing the document(s) to be filed under seal. This docket entry is related to #189 Response to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B) (Richardson, Scott) Modified on 5/31/2023 (slc). |
Filing 189 RESPONSE IN OPPOSITION TO Motion re #187 MOTION for Leave to File a Reply filed by London Luxury LLC. (Richardson, Scott) |
Filing 188 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - UNREDACTED PROPOSED REPLY BRIEF by Walmart Inc. An Order was entered on 6/22/2022 allowing the document(s) to be filed under seal. This docket entry is related to #187 MOTION for Leave to File a Reply. (Chadick, Vincent) Modified on 5/30/2023 (slc). |
Filing 187 MOTION for Leave to File a Reply by Walmart Inc.. (Attachments: #1 Exhibit (Proposed Reply))(Chadick, Vincent) |
Filing 186 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - OPPOSITION TO MOTION FOR LEAVE TO AMEND by London Luxury LLC. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal. This docket entry is related to #164 MOTION for Leave to Amend Its Answer to the Amended Complaint with Affirmative Defenses and Amended Counterclaims. (Attachments: #1 Affidavit) (bjb) Modified on 5/31/2023 (slc). |
Filing 185 TEXT ONLY ORDER granting #184 Plaintiff's Motion for Extension of Time. Signed by Honorable Timothy L. Brooks on May 23, 2023. (jld) |
Filing 184 MOTION for Extension of Time to File Response/Reply as to #164 MOTION for Leave to Amend Its Answer to the Amended Complaint with Affirmative Defenses and Amended Counterclaims by London Luxury LLC. (Richardson, Scott) |
Filing 183 RESPONSE IN OPPOSITION TO Motion re #164 MOTION for Leave to Amend Its Answer to the Amended Complaint with Affirmative Defenses and Amended Counterclaims filed by London Luxury LLC. (Richardson, Scott) |
Filing 182 NOTICE of Appearance by Victoria Roeck on behalf of London Luxury LLC. (Roeck, Victoria) |
Filing 181 NOTICE of Appearance by Karen Sebaski on behalf of London Luxury LLC. (Sebaski, Karen) |
Filing 180 NOTICE of Appearance by Jonathan Schaffer-Goddard on behalf of London Luxury LLC. (Schaffer-Goddard, Jonathan) |
Filing 179 NOTICE of Appearance by Daniel M Horowitz on behalf of London Luxury LLC. (Horowitz, Daniel) |
Filing 178 NOTICE of Appearance by Benjamin Allen on behalf of London Luxury LLC. (Allen, Benjamin) |
Filing 177 TEXT ONLY ORDER GRANTING #172 Motion to Appear Pro Hac Vice. BENJAMIN B. ALLEN is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 15, 2023. (slc) |
Filing 176 TEXT ONLY ORDER GRANTING #171 Motion to Appear Pro Hac Vice. DANIEL M. HOROWITZ is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 15, 2023. (slc) |
Filing 175 TEXT ONLY ORDER GRANTING #170 Motion to Appear Pro Hac Vice. JONATHAN SCHAFFER-GODDARD is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 15, 2023. (slc) |
Filing 174 TEXT ONLY ORDER GRANTING #169 Motion to Appear Pro Hac Vice. KAREN A. SEBASKI is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 15, 2023. (slc) |
Filing 173 TEXT ONLY ORDER GRANTING #168 Motion to Appear Pro Hac Vice. VICTORIA ROECK is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 15, 2023. (slc) |
Filing 172 MOTION for Attorney Benjamin B. Allen to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2776503) by London Luxury LLC. (Richardson, Scott) |
Filing 171 MOTION for Attorney Daniel M. Horowitz to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2776500) by London Luxury LLC. (Richardson, Scott) |
Filing 170 MOTION for Attorney Jonathan Schaffer-Goddard to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2776495) by London Luxury LLC. (Richardson, Scott) |
Filing 169 MOTION for Attorney Karen A. Sebaski to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2776493) by London Luxury LLC. (Richardson, Scott) |
Filing 168 MOTION for Attorney Victoria Roeck to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2776489) by London Luxury LLC. (Richardson, Scott) |
Filing 167 TEXT ONLY ORDER granting #165 Joint Motion to Extend Interim Expert Discovery Deadlines. Note that, going forward, so long as discovery is completed by the final deadline set forth in the Case Management Order, the parties may agree to extend interim deadlines without requesting the Court's permission. Signed by Honorable Timothy L. Brooks on May 11, 2023. (jld) |
Filing 166 NOTICE of Appearance by Rebecca Wernicke Anthony on behalf of Walmart Inc.. (Anthony, Rebecca) |
Filing 165 Joint MOTION to Extend Interim Expert Discovery Deadlines by London Luxury LLC. (Richardson, Scott) |
Filing 164 MOTION for Leave to Amend Its Answer to the Amended Complaint with Affirmative Defenses and Amended Counterclaims by Walmart Inc.. (Attachments: #1 Exhibit A-Potential Amd Answer, #2 Exhibit B-Redline, #3 Exhibit C-Nugent Declaration)(Chadick, Vincent) |
Filing 163 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - MOTION FOR LEAVE TO AMEND ITS ANSWER by Walmart Inc.. An Order was entered on 6/7/2022 allowing the document(s) to be filed under seal.. (Attachments: #1 Exhibit A-Potential Amd Answer, #2 Exhibit B-Redline, #3 Exhibit C-Nugent Declaration) (Chadick, Vincent) Modified to grant applicable parties access on 5/9/2023 (tmc). Modified on 5/31/2023 (slc). |
Filing 162 NOTICE of Appearance by Benjamin Chasan on behalf of Walmart Inc.. (Chasan, Benjamin) |
Filing 161 NOTICE of Appearance by Katherine E. Nugent on behalf of Walmart Inc.. (Nugent, Katherine) |
Filing 160 TEXT ONLY ORDER GRANTING #157 Motion to Appear Pro Hac Vice. KATHERINE E. NUGENT is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 4, 2023. (slc) |
Filing 159 TEXT ONLY ORDER GRANTING #156 Motion to Appear Pro Hac Vice. REBECCA WERNICKE ANTHONY is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 4, 2023. (slc) |
Filing 158 TEXT ONLY ORDER GRANTING #155 Motion to Appear Pro Hac Vice. BENJAMIN CHASAN is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 4, 2023. (slc) |
Filing 157 MOTION for Attorney Katherine E. Nugent to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2771498) by Walmart Inc.. (Attachments: #1 Exhibit Katherine E. Nugent)(Chadick, Vincent) |
Filing 156 MOTION for Attorney Rebecca Wernicke Anthony to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2771492) by Walmart Inc.. (Attachments: #1 Exhibit Declaration of Rebecca W. Anthony)(Chadick, Vincent) |
Filing 155 MOTION for Attorney Benjamin Chasan to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2771486) by Walmart Inc.. (Attachments: #1 Exhibit Declaration of Benjamin Chasan)(Chadick, Vincent) |
Filing 154 STIPULATION Regarding Expert Discovery by London Luxury LLC. (Demay, Brendon) |
Filing 153 TEXT ONLY ORDER granting #152 Joint Motion to Extend Expert Discovery Deadlines. The new deadline to provide expert witness disclosures and written reports pursuant to Rule 26(a)(2) is May 31, 2023, and the new deadline to provide disclosures and reports of rebuttal experts is July 20, 2023. The deadline for close of discovery has not changed; it remains August 28, 2023. Signed by Honorable Timothy L. Brooks on April 7, 2023. (jld) |
Filing 152 Joint MOTION to Extend Interim Expert Discovery Deadlines by Walmart Inc.. (Chadick, Vincent) |
Filing 151 NOTICE of Appearance by Jamie Crooks on behalf of London Luxury LLC. (Crooks, Jamie) |
Filing 150 TEXT ONLY ORDER GRANTING #149 Motion to Appear Pro Hac Vice. JAMIE CROOKS is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on March 28, 2023. (slc) |
Filing 149 MOTION for Attorney Jamie Crooks to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2751678) by London Luxury LLC. (Richardson, Scott) |
Filing 148 TEXT ONLY ORDER GRANTING #146 Motion to Withdraw as Attorney. Attorney Bartholomew L. McLeay; Russell C. Atchley and Lester Kyle Heffley withdrawn, and the Clerk of Court is directed to remove his/her names from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on February 7, 2023. (slc) |
Filing 147 **DISREGARD - DOCKETED IN ERROR** TEXT ONLY ORDER GRANTING #146 Motion to Withdraw as Attorney. Attorney Lester Kyle Heffley withdrawn, and the Clerk of Court is directed to remove his name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on February 6, 2023. (slc) Modified on 2/7/2023 (slc). |
Filing 146 MOTION to Withdraw as Attorney by Walmart Inc.. (Heffley, Lester) |
Filing 145 NOTICE of Appearance by Vincent Chadick on behalf of Walmart Inc.. (Chadick, Vincent) |
Filing 144 TEXT ONLY ORDER granting #143 Motion to Extend Interim Discovery Deadlines. The deadline to provide expert witness disclosures and written reports pursuant to Rule 26(a)(2) is extended until May 1, 2023, and the deadline to provide disclosures and reports of rebuttal experts is extended until June 20, 2023. The deadline to conclude discovery remains set for August 28, 2023. Signed by Honorable Timothy L. Brooks on January 12, 2023. (jld) |
Filing 143 Unopposed MOTION to Extend Interim Expert Discovery Deadlines by London Luxury LLC. (Richardson, Scott) |
Filing 142 ANSWER/REPLY to #141 Amended Answer to Complaint/Cross/Counter/3rd Party, Counterclaim by London Luxury LLC.(Richardson, Scott) |
Filing 141 AMENDED ANSWER to Amended Complaint With Affirmative Defenses and, Amended COUNTERCLAIM against London Luxury LLC by Walmart Inc.. (Heffley, Lester) |
Filing 140 AMENDED COMPLAINT with Jury Demand as to #1 Notice of Removal, filed by Walmart Inc. Related document: #1 Notice of Removal filed by Walmart Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Richardson, Scott) Modified on 11/8/2022 (bjb). |
Filing 139 STIPULATION AND ORDER granting #119 MOTION to Amend its Answer by Walmart Inc. and #135 MOTION to Amend Complaint by London Luxury LLC (See Order for specifics). Signed by Honorable Timothy L. Brooks on October 31, 2022. (bjb) |
Filing 138 NOTICE of Appearance by Brendon Demay on behalf of London Luxury LLC. (Demay, Brendon) |
Filing 137 TEXT ONLY ORDER GRANTING #136 Motion to Appear Pro Hac Vice. BRENDON DeMAY is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on October 24, 2022. (slc) |
Filing 136 MOTION for Attorney Brendon DeMay to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2674144) by London Luxury LLC. (Richardson, Scott) |
Filing 135 MOTION to Amend/Correct Complaint by London Luxury LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Richardson, Scott) |
Filing 134 TEXT ONLY ORDER granting #126 Plaintiff's Motion to Extend Deadline to Seek Leave to Amend Pleadings and Respond to Defendant's Motion for Leave to Amend Pleadings. The Court finds Defendant's opposition--and frustration--at Plaintiff's request for a second extension to be well-taken. But the Court concludes, on balance, little prejudice will result from allowing an additional 14 days. Accordingly, the deadline to seek leave to amend pleadings is extended to October 12, 2022, and the deadline to respond is extended to October 20, 2022. Plaintiff should take note that it is highly unlikely the Court will grant any further extension. Signed by Honorable Timothy L. Brooks on September 28, 2022. (jld) |
Filing 133 RESPONSE IN OPPOSITION TO Motion re #126 MOTION to Extend the Deadlines to Seek Leave to Amend the Pleadings and to Respond to Defendant's Motion to Amend its Counterclaims filed by Walmart Inc.. (Heffley, Lester) |
Filing 132 NOTICE of Appearance by Gregory Dubinsky on behalf of London Luxury LLC. (Dubinsky, Gregory) |
Filing 131 NOTICE of Appearance by Priyanka Timblo on behalf of London Luxury LLC. (Timblo, Priyanka) |
Filing 130 TEXT ONLY ORDER GRANTING #128 Motion to Appear Pro Hac Vice. PRIYANKA TIMBLO is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on September 27, 2022. (slc) |
Filing 129 TEXT ONLY ORDER GRANTING #127 Motion to Appear Pro Hac Vice. GREGORY J. DUBINSKY is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on September 27, 2022. (slc) |
Filing 128 MOTION for Attorney Priyanka Timblo to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2663078) by London Luxury LLC. (Richardson, Scott) |
Filing 127 MOTION for Attorney Gregory J. Dubinsky to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2663076) by London Luxury LLC. (Richardson, Scott) |
Filing 126 MOTION to Extend the Deadlines to Seek Leave to Amend the Pleadings and to Respond to Defendant's Motion to Amend its Counterclaims by London Luxury LLC. (Richardson, Scott) |
Filing 125 TEXT ONLY ORDER granting #124 Plaintiff's Motion to Withdraw Debevoise & Plimpton LLP as Attorney, with the understanding that McDaniel, Wolff & Benca, PLLC attorneys Bart Calhoun and Scott P. Richardson remain attorney of record for Plaintiff and continue to represent Plaintiff in this matter. Attorneys Mark P. Goodman, Maura K. Monaghan, Melanie Burke, McCahey Townsend and Amy Zimmerman are withdrawn, and the Clerk of Court is directed to remove their names from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Timothy L. Brooks on September 15, 2022. (jld) |
Filing 124 MOTION of Mark P. Goodman, Maura K. Monaghan, Melanie Burke, McCahey Townsend, and Amy Zimmerman to Withdraw as Attorney by London Luxury LLC. (Goodman, Mark) |
Filing 123 TEXT ONLY ORDER granting #120 Plaintiff's Motion for Extension of Time to File. The deadline by which to seek leave to amend pleadings is extended to September 28, 2022. Likewise, Plaintiff's deadline by which to respond to Defendant's Motion to Amend is extended to October 6, 2022. Finally, to the extent Plaintiff's counsel, Debevoise Plimpton LLP, intends to seek leave to withdraw as counsel, as suggested by Plaintiff's Motion, they must do so by September 13, 2022. Signed by Honorable Timothy L. Brooks on August 29, 2022. (jld) |
Filing 122 REPLY to Response to Motion re #120 MOTION for Extension of Time to File Motion to Amend Complaint and Respsone to Defendant's Motion to Amend filed by London Luxury LLC. (Richardson, Scott) |
Filing 121 RESPONSE IN OPPOSITION TO Motion re #120 MOTION for Extension of Time to File Motion to Amend Complaint and Respsone to Defendant's Motion to Amend filed by Walmart Inc.. (Heffley, Lester) |
Filing 120 MOTION for Extension of Time to File Motion to Amend Complaint and Respsone to Defendant's Motion to Amend by London Luxury LLC. (Richardson, Scott) |
Filing 119 MOTION to Amend/Correct ITS ANSWER TO THE COMPLAINT by Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Heffley, Lester) |
Filing 118 STIPULATED CONFIDENTIALITY ORDER. Signed by Honorable Timothy L. Brooks on June 7, 2022. (tg) |
Filing 117 ORDER Setting Hearings: Settlement Conference set for 12/21/2023 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Christy D. Comstock. Each party shall provide a concise, confidential settlement statement NO LATER THAN ONE WEEK PRIOR TO THE SCHEDULED CONFERENCE via email to CDCsettle@arwd.uscourts.gov. Signed by Honorable Christy D. Comstock on June 3, 2022. (rg) |
Filing 116 CASE MANAGEMENT ORDER: Final Pretrial Conference set for 2/2/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 2/12/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on June 2, 2022. (slc) |
Filing 115 NOTICE OF FILING OFFICIAL TRANSCRIPT of Case Management Hearing held on May 27, 2022, before Judge Timothy L. Brooks. Court Reporter/Transcriber: Paula Barden, Telephone number paula_barden@arwd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 6/22/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/30/2022. (pkb) |
Filing 114 TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 5/27/2022. (Paula Barden-Court Reporter) (slc) |
Filing 113 NOTICE of Appearance by McCahey Roberts Townsend on behalf of London Luxury LLC. (Townsend, McCahey) |
Filing 112 NOTICE of Appearance by Amy Zimmerman on behalf of London Luxury LLC. (Zimmerman, Amy) |
Filing 111 NOTICE of Appearance by Melanie Burke on behalf of London Luxury LLC. (Burke, Melanie) |
Filing 110 NOTICE of Appearance by Mark P. Goodman on behalf of London Luxury LLC. (Goodman, Mark) |
Filing 109 NOTICE of Appearance by Maura Kathleen Monaghan on behalf of London Luxury LLC. (Monaghan, Maura) |
Filing 108 TEXT ONLY ORDER GRANTING #102 Motion to Appear Pro Hac Vice. MELANIE BURKE is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 107 TEXT ONLY ORDER GRANTING #101 Motion to Appear Pro Hac Vice. McCAHEY TOWNSEND is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 106 TEXT ONLY ORDER GRANTING #100 Motion to Appear Pro Hac Vice. MAURA MONAGHAN is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 105 TEXT ONLY ORDER GRANTING #99 Motion to Appear Pro Hac Vice. MARK GOODMAN is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 104 TEXT ONLY ORDER GRANTING #98 Motion to Appear Pro Hac Vice. AMY ZIMMERMAN is directed to immediately register for Pro Hac Vice filer access through PACER and enter her appearance in this matter. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 103 TEXT ONLY ORDER Resetting CASE MANAGEMENT HEARING (Via ZOOM): Case Management Hearing reset for 5/27/2022 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on May 23, 2022. (slc) |
Filing 102 MOTION for Attorney Melanie Burke to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2596738) by London Luxury LLC. (Richardson, Scott) |
Filing 101 MOTION for Attorney McCahey Townsend to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2596736) by London Luxury LLC. (Richardson, Scott) |
Filing 100 MOTION for Attorney Maura Monaghan to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2596734) by London Luxury LLC. (Richardson, Scott) |
Filing 99 MOTION for Attorney Mark Goodman to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2596732) by London Luxury LLC. (Richardson, Scott) |
Filing 98 MOTION for Attorney Amy Zimmerman to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2596727) by London Luxury LLC. (Richardson, Scott) |
Filing 97 JOINT REPORT of Rule 26(f) Planning Meeting by London Luxury LLC. (Richardson, Scott) |
Filing 96 TEXT ONLY ORDER granting #95 Motion for Extension of Time to File Rule 26(f) Report. Deadline is extended to Friday, May 13, 2022. Signed by Honorable Timothy L. Brooks on May 12, 2022. (jld) |
Filing 95 MOTION for Extension of Time to File Rule 26(f) Report by London Luxury LLC. (Richardson, Scott) |
Filing 94 Corporate Disclosure Statement by London Luxury LLC. (Richardson, Scott) |
Filing 93 NOTICE of Appearance by Bartholomew L. McLeay on behalf of Walmart Inc.. (McLeay, Bartholomew) |
Filing 92 NOTICE of Appearance by Lee Armstrong on behalf of Walmart Inc.. (Armstrong, Lee) |
Filing 91 NOTICE of Appearance by Thomas E Lynch on behalf of Walmart Inc.. (Lynch, Thomas) |
Filing 90 TEXT ONLY ORDER granting #89 Motion for Extension of Time. The parties may conduct the Rule 26(f) Conference by May 4, 2022. The Joint Rule 26(f) Report filing deadline remains the same. Signed by Honorable Timothy L. Brooks on April 26, 2022. (jld) |
Filing 89 Unopposed MOTION to Extend by London Luxury LLC. (Richardson, Scott) |
Filing 88 TEXT ONLY ORDER GRANTING #85 Motion to Appear Pro Hac Vice. LEE ARMSTRONG is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on April 26, 2022. (slc) |
Filing 87 TEXT ONLY ORDER GRANTING #84 Motion to Appear Pro Hac Vice. THOMAS LYNCH is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on April 26, 2022. (slc) |
Filing 86 TEXT ONLY ORDER GRANTING #83 Motion to Appear Pro Hac Vice. BART McLEAY is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on April 26, 2022. (slc) |
Filing 85 MOTION for Attorney Lee Armstrong to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2582950) by Walmart Inc.. (Atchley, Russell) |
Filing 84 MOTION for Attorney Thomas Lynch to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2582948) by Walmart Inc.. (Atchley, Russell) |
Filing 83 MOTION for Attorney Bart McLeay to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2582933) by Walmart Inc.. (Atchley, Russell) |
Filing 82 NOTICE of Appearance by Russell C. Atchley on behalf of Walmart Inc.. (Atchley, Russell) |
Filing 81 NOTICE of Appearance by Bart Calhoun on behalf of London Luxury LLC. (Calhoun, Bart) |
TEXT ONLY NOTICE OF DEFICIENCY : A #79 Notice of Appearance was filed with the Court and appears to contain one or more deficiencies. The document appears to be deficient as follows: The document is not filed and signed in compliance with FRCvP 5(d)(3)(C). You are advised that the filing, while on the record, will not be considered unless and until all deficiencies are remedied. (bjb) |
Filing 80 NOTICE of Appearance by Lester Kyle Heffley on behalf of Walmart Inc.. (Heffley, Lester) |
Filing 79 NOTICE of Appearance by Scott P. Richardson on behalf of London Luxury LLC. (Richardson, Scott) |
Filing 78 NOTICE of Appearance by Scott P. Richardson on behalf of London Luxury LLC. (Richardson, Scott) |
Filing 77 INITIAL SCHEDULING ORDER: Case Management Hearing set for 5/24/2022 10:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 5/11/2022. Signed by Honorable Timothy L. Brooks on April 5, 2022. (slc) |
Filing 76 Magistrate Notice/Consent Form (bjb) |
TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on Case Transferred In - District Transfer #75 are not registered for CM/ECF noticing and filing in the Western District of Arkansas: Maura Kathleen Monaghan, McCahey Roberts Townsend, Melanie Burke, Nikolai Krylov, Thomas E. Lynch, Lee A. Armstrong. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (bjb) Modified on 4/6/2022 to remove terminated attorneys. (bjb). |
Filing 75 Case transferred in from District of New York Southern; Case Number 7:22-cv-00599. Docket sheet received. |
Filing 74 ORDER granting #73 Letter Motion to Expedite. Both parties have waived the 7-day waiting period of Local Rule 83.1. The Clerk of Court is therefore respectfully directed to forthwith transfer this case to the United States District Court for the Western District of Arkansas, Fayetteville, Division, in accordance with my Order of earlier today, (ECF No. 72). SO ORDERED. (Signed by Judge Cathy Seibel on 4/1/2022) (mml) [Transferred from nysd on 4/4/2022.] |
Filing 73 LETTER MOTION to Expedite Transfer addressed to Judge Cathy Seibel from Maura K. Monaghan dated April 1, 2022. Document filed by London Luxury LLC..(Monaghan, Maura) [Transferred from nysd on 4/4/2022.] |
Filing 72 ORDER denying without prejudice #36 Motion to Expedite; denying without prejudice #42 Motion to Expedite; granting #25 Motion to Transfer Case. For the reasons set forth on the record today, Defendant's Motion to Transfer Venue, (ECF No. 25), is GRANTED, and Plaintiff's Motion to Expedite (ECF Nos. 36, 42) is DENIED without prejudice. The Clerk of Court is directed to terminate the pending motions, (ECF Nos. 25, 36, 42), and transfer this case to the Western District of Arkansas, Fayetteville Division. SO ORDERED. (Signed by Judge Cathy Seibel on 4/1/2022) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 4/4/2022.] |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of Arkansas. (mml) [Transferred from nysd on 4/4/2022.] |
Filing 71 LETTER addressed to Judge Cathy Seibel from Lee A. Armstrong dated March 31, 2022 re: Response to Plaintiff's March 29, 2022 Letter. Document filed by Walmart Inc.. (Attachments: #1 Appendix A).(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 70 LETTER addressed to Judge Cathy Seibel from Maura K. Monaghan dated March 29, 2022 re: Response to Defendant's March 21, 2022 Letter. Document filed by London Luxury LLC..(Monaghan, Maura) [Transferred from nysd on 4/4/2022.] |
Filing 69 NOTICE OF APPEARANCE by McCahey Roberts Townsend on behalf of London Luxury LLC..(Townsend, McCahey) [Transferred from nysd on 4/4/2022.] |
Filing 68 NOTICE OF APPEARANCE by Melanie Burke on behalf of London Luxury LLC..(Burke, Melanie) [Transferred from nysd on 4/4/2022.] |
Filing 67 NOTICE OF APPEARANCE by Maura Kathleen Monaghan on behalf of London Luxury LLC..(Monaghan, Maura) [Transferred from nysd on 4/4/2022.] |
Filing 66 STIPULATION AND ORDER SUBSTITUTING ATTORNEYS: The undersigned hereby stipulate to the substitution of the law firm of Debevoise & Plimpton LLP, by and through its attorneys, Maura Kathleen Monaghan, Melanie Burke, and McCahey Townsend, as attorneys of record for Plaintiff and Counterclaim-Defendant London Luxury LLC in the above captioned action in place and instead of the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, and its attorneys, Stephen R. Neuwirth, Deborah K. Brown, Kimberly E. Carson, and Jared E. Ruocco. Plaintiff and Counterclaim-Defendant London Luxury LLC consents to this substitution of counsel. Quinn Emanuel Urquhart & Sullivan, LLP is asserting a charging lien. SO ORDERED. Attorney Maura Kathleen Monaghan,Melanie Burke,McCahey Roberts Townsend for London Luxury LLC,Maura Kathleen Monaghan,Melanie Burke,McCahey Roberts Townsend for London Luxury LLC added. Attorney Stephen Randall Neuwirth; Jared Edward Ruocco; Deborah K. Brown and Kimberly Eden Carson terminated. (Signed by Judge Cathy Seibel on 3/25/2022) (ate) [Transferred from nysd on 4/4/2022.] |
Filing 65 PROPOSED STIPULATION AND ORDER. Document filed by London Luxury LLC..(Monaghan, Maura) [Transferred from nysd on 4/4/2022.] |
Filing 64 LETTER addressed to Judge Cathy Seibel from Lee A. Armstrong dated March 21, 2022 re: withdrawal of Walmart's reliance on the declaration of Garrett Small dated March 3, 2022 and request for permission to amend Walmart's Answer and Counterclaims. Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 63 TRANSCRIPT of Proceedings re: conference held on 2/3/2022 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025. 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. Redaction Request due 4/8/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/16/2022..(O'Donnell, Angela) [Transferred from nysd on 4/4/2022.] |
Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/3/2022 has been filed by the court reporter/transcriber in the above-captioned matter. 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....(O'Donnell, Angela) [Transferred from nysd on 4/4/2022.] |
Filing 61 ***SELECTED PARTIES*** ORDER ON MOTION TO SEAL granting #56 Motion to Seal. Plaintiff London Luxury LLC ("London Luxury"), having moved to file under seal its reply memorandum in support of the motion to expedite (the "Reply Memorandum"), and the Court having reviewed the application and found sufficient cause under Fed. R. Civ. P. 5.2(d) to order that London Luxury may file the Reply Memorandum under seal and that it may file a redacted version in public view, and an unredacted version under seal, on the Court's ECF system, it is hereby: ORDERED that London Luxury may file a redacted version of the Reply Memorandum in public view on the Court's ECF system and file an unredacted version under seal on the Court's ECF system. The parties are directed to proceed in accordance with the instructions for filing under seal found in the Court's ECF Rules & Instructions, Section 6.14. The Clerk is directed to restrict access to this Order to the selected party viewing level. SO ORDERED. (Signed by Judge Cathy Seibel on 3/18/2022) (mml) [Transferred from nysd on 4/4/2022.] |
Filing 60 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Expedite . . Document filed by London Luxury LLC. (Attachments: #1 Exhibit 1).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 59 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Expedite . . Document filed by London Luxury LLC, Walmart Inc.. Motion or Order to File Under Seal: #56 .(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 58 DECLARATION of Marc Jason in Support re: #56 MOTION to Seal .. Document filed by London Luxury LLC. (Attachments: #1 Text of Proposed Order PROPOSED ORDER).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Seal . . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 56 MOTION to Seal . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 55 ORDER granting #52 Letter Motion for Extension of Time to File Response/Reply: I will disregard the June letter as requested, without the need for formal amendment. I plan to address the motion to transfer first anyway. Should I determine that that motion should be denied, I will decide the motion to expedite and the motion to amend (although I cannot imagine that the latter would be denied at this early stage). Plaintiff's reply on the motion to expedite will be due 3/17/22. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from nysd on 4/4/2022.] |
Filing 54 LETTER addressed to Judge Cathy Seibel from Lee A. Armstrong dated March 14, 2022 re: in accordance with the Court's March 11, 2022 Order. Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 53 ORDER deferring ruling on #52 Letter Motion for Extension of Time to File Response/Reply: Now that Defendant has seen ECF Nos. 51 and 52, Defendant shall, by 3/14/22, advise the Court of its positions on the request for extension of time to file and the request to amend. It shall also indicate whether it agrees with Plaintiff that the proposed amendment do not materially affect the transfer motion. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from nysd on 4/4/2022.] |
Filing 52 LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Expedite . addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated March 10, 2022. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 51 LETTER addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated March 10, 2022 re: Requesting leave to amend the Complaint. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 50 MEMORANDUM OF LAW in Opposition re: #42 MOTION to Expedite ., #36 MOTION to Expedite . . Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 49 DECLARATION of Nikolai Krylov in Support re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a).. Document filed by Walmart Inc.. (Attachments: #1 Exhibit E, #2 Exhibit F).(Krylov, Nikolai) [Transferred from nysd on 4/4/2022.] |
Filing 48 REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a). . Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 47 ***SELECTED PARTIES*** ORDER ON MOTION TO SEAL granting #33 Letter Motion to Seal. Plaintiff London Luxury L LC ("London Luxury"), having moved to file under seal (1) its memorandum in support of the motion to expedite (the "Expediting Memorandum") and the supporting declaration of Marc Jason (the "Declaration") and (2) Exhibit 5 to the Declaration of Moshe Abehsera in support of London Luxury's opposition to Defendant's motion to transfer (the "Exhibit"), and the Court having reviewed the application and found sufficient cause under Fed. R. Civ. P. 5.2(d) to order that London Luxury may file the Expediting Memorandum, Declaration, and Exhibit under seal and (2) and that it may file redacted versions of these documents in public view, and unredacted versions under seal, on the Court's ECF system, it i s hereby ORDERED that London Luxury may file redacted versions of the Expediting Memorandum, Declaration, and Exhibit in public view on the Court's ECF system and file unredacted version s under seal on the Courts ECF system. The parties are directed to proceed in accordance with the instructions for filing under seal found in the Court's ECF Rules & Instructions, Section 6.14. The Clerk is directed to restrict access to this Order to the selected party viewing level. (Signed by Judge Cathy Seibel on 2/23/2022) (ate) [Transferred from nysd on 4/4/2022.] |
Filing 46 DECLARATION of Moshe Abehsera in Support re: #42 MOTION to Expedite .. Document filed by London Luxury LLC. (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).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 45 DECLARATION of Marc Jason in Support re: #42 MOTION to Expedite .. Document filed by London Luxury LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 44 PROPOSED ORDER. Document filed by London Luxury LLC. Related Document Number: #42 ..(Neuwirth, Stephen) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 4/4/2022.] |
Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Expedite . . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 42 MOTION to Expedite . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 41 ***SELECTED PARTIES***DECLARATION of Moshe Abehsera in Opposition re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a).. Document filed by London Luxury LLC, Walmart Inc.. (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)Motion or Order to File Under Seal: #33 .(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 40 DECLARATION of Moshe Abehsera in Support re: #36 MOTION to Expedite .. Document filed by London Luxury LLC. (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).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 39 ***SELECTED PARTIES***DECLARATION of Marc Jason in Support re: #36 MOTION to Expedite .. Document filed by London Luxury LLC, Walmart Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #33 .(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #44 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 4/4/2022.] |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #38 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 4/4/2022.] |
Filing 38 PROPOSED ORDER. Document filed by London Luxury LLC. Related Document Number: #36 ..(Neuwirth, Stephen) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 4/4/2022.] |
Filing 37 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #36 MOTION to Expedite . . Document filed by London Luxury LLC, Walmart Inc.. Motion or Order to File Under Seal: #33 .(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 36 MOTION to Expedite . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 35 DECLARATION of Marc Jason in Support re: #33 MOTION to Seal .. Document filed by London Luxury LLC. (Attachments: #1 Proposed Order on Motion to Seal).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 34 MEMORANDUM OF LAW in Support re: #33 MOTION to Seal . . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 33 MOTION to Seal . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 32 DECLARATION of Marc Jason in Opposition re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a).. Document filed by London Luxury LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 31 DECLARATION of Moshe Abehsera in Opposition re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a).. Document filed by London Luxury LLC. (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).(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 30 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a). . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 29 ANSWER to #22 Counterclaim. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 28 DEMAND for Trial by Jury. Document filed by London Luxury LLC.(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 27 DECLARATION of Nikolai Krylov in Support re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a).. Document filed by Walmart Inc.. (Attachments: #1 Exhibit A (Plaintiff's Complaint (including Exhibits 1-6), dated January 5, 2022), #2 Exhibit B (Declaration of Alex Hurd (including Exhibits 1, 2, and 3 thereto), dated February 11, 2022), #3 Exhibit C (Comparison of Exhibits 5 and 6 to Plaintiff's Complaint), #4 Exhibit D (Email dated March 5, 2021 (12:57 AM) and one of the documents attached to that email)).(Krylov, Nikolai) [Transferred from nysd on 4/4/2022.] |
Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a). . Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 25 MOTION to Transfer Case to the United States District Court for the Western District of Arkansas, Fayetteville Division, pursuant to 28 U.S.C. Section 1404(a). Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 2/3/2022. Plaintiff's counsel(s) Deborah Brown, Esq., Jared Ruocco, Esq., Kimberly Carson, Esq., Stephen Neuwirth, Esq., Morgan Anastasio, Esq., and John Fitzhenry, Esq. appear telephonically. Defendant's counsel(s) Nikolai Krylov, Esq., Thomas Lynch, Esq., and Lee Armstrong, Esq. appear telephonically. Law Clerk Ryan Partelow appears telephonically. Defendant's Motion to Transfer to be submitted by February 11, 2022; Plaintiff's Opposition and Cross-Motion to Expedite due February 22, 2022; Defendant's reply and opposition to Plaintiff's cross-motion due March 3, 2022; Plaintiff's reply to cross-motion due March 10, 2022. The Court will issue a ruling from the bench as to the Motion(s) on April 1, 2022 at 9:30 a.m. See transcript. (Bench Ruling set for 4/1/2022 at 09:30 AM before Judge Cathy Seibel). (Court Reporter Angela O'Donnell) (wc) [Transferred from nysd on 4/4/2022.] |
Filing 24 LETTER addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated February 2, 2022 re: Response to 01/31/2022 Letter. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Thomas E. Lynch dated February 2, 2022 re: #16 LETTER MOTION for Conference addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated January 31, 2022., #15 LETTER MOTION for Conference re: #11 MOTION to Seal . addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated January 31, 2022. (Walmart Inc.'s Response to London Luxury LLC's Proposed Motion to Expedite). Document filed by Walmart Inc...(Lynch, Thomas) [Transferred from nysd on 4/4/2022.] |
Filing 22 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against London Luxury LLC. Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 21 ORDER granting #20 Letter Motion for Conference: Defendant's proposed motion will be discussed at the conference already set for 2/3/22 at 3:45 pm. Plaintiff shall state its position regarding the proposed motion to transfer, by letter of no more than 3 pages, by 12 noon on 2/2/22. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from nysd on 4/4/2022.] |
Filing 20 LETTER MOTION for Conference regarding Defendant's Anticipated Motion to Transfer addressed to Judge Cathy Seibel from Thomas E. Lynch dated January 31, 2022. Document filed by Walmart Inc...(Lynch, Thomas) [Transferred from nysd on 4/4/2022.] |
Filing 19 ***SELECTED PARTIES*** ORDER ON MOTION TO SEAL granting #11 Letter Motion to Seal; terminating #16 Letter Motion for Conference addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated January 31, 2022. Plaintiff London Luxury LLC ("London Luxury"), having moved to file under seal its pre-motion letter regarding London Luxury's proposed motion to expedite (the "Letter"), and the Court having reviewed the application and found sufficient cause under Fed. R. Civ. P. 5.2(d) to order that London Luxury may file its Letter under seal, and that it may file a redacted version of the Letter in public view, and an unredacted version under seal, on the Court's ECF system, it is hereby ORDERED that London Luxury may file a redacted version of the Letter in public view on the Court's ECF system and file an unredacted version under seal on the Court's ECF system. The parties are directed to proceed in accordance with the instructions for filing under seal found in the Court's ECF Rules & Instructions, Section 6.14. The Clerk is directed to restrict access to this Order to the selected party viewing level, and to terminate ECF Nos. 11 and 16. SO ORDERED. (Signed by Judge Cathy Seibel on 1/31/2022) (mml) Modified on 1/31/2022 (mml). [Transferred from nysd on 4/4/2022.] |
Filing 18 ORDER granting #15 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 2/3/22 at 3:45 pm. Defendant shall state its position regarding the proposed motion to expedite, by letter of no more than 3 pages, by 12 noon on 2/2/22. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from nysd on 4/4/2022.] |
Filing 17 PROPOSED ORDER. Document filed by London Luxury LLC. Related Document Number: #11 ..(Neuwirth, Stephen) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 4/4/2022.] |
Filing 16 ***SELECTED PARTIES*** LETTER MOTION for Conference addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated January 31, 2022. Document filed by London Luxury LLC, Walmart Inc..Motion or Order to File Under Seal: #11 .(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 15 LETTER MOTION for Conference re: #11 MOTION to Seal . addressed to Judge Cathy Seibel from Stephen R. Neuwirth dated January 31, 2022. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by London Luxury LLC. Related Document Number: #11 ..(Neuwirth, Stephen) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/31/2022 (km). [Transferred from nysd on 4/4/2022.] |
Filing 13 DECLARATION of Marc Jason in Support re: #11 MOTION to Seal .. Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Seal . . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 11 MOTION to Seal . Document filed by London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
Filing 10 NOTICE OF APPEARANCE by Jared Edward Ruocco on behalf of London Luxury LLC..(Ruocco, Jared) [Transferred from nysd on 4/4/2022.] |
Filing 9 NOTICE OF APPEARANCE by Kimberly Eden Carson on behalf of London Luxury LLC..(Carson, Kimberly) [Transferred from nysd on 4/4/2022.] |
Filing 8 NOTICE OF APPEARANCE by Deborah K. Brown on behalf of London Luxury LLC..(Brown, Deborah) [Transferred from nysd on 4/4/2022.] |
Filing 7 NOTICE OF APPEARANCE by Stephen Randall Neuwirth on behalf of London Luxury LLC..(Neuwirth, Stephen) [Transferred from nysd on 4/4/2022.] |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Stephen Neuwirth to RE-FILE Document No. #14 Proposed Order. The filing is deficient for the following reason(s): The document is missing the title. Please add Proposed Order as the title of the document. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed and dated PDF. (km) [Transferred from nysd on 4/4/2022.] |
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #17 Proposed Order was reviewed and approved as to form. (km) [Transferred from nysd on 4/4/2022.] |
Filing 6 NOTICE OF APPEARANCE by Nikolai Krylov on behalf of Walmart Inc...(Krylov, Nikolai) [Transferred from nysd on 4/4/2022.] |
Filing 5 NOTICE OF APPEARANCE by Thomas E. Lynch on behalf of Walmart Inc...(Lynch, Thomas) [Transferred from nysd on 4/4/2022.] |
Filing 4 NOTICE OF APPEARANCE by Lee A. Armstrong on behalf of Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from nysd on 4/4/2022.] |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from nysd on 4/4/2022.] |
Case Designated ECF. (vf) [Transferred from nysd on 4/4/2022.] |
Filing 3 CIVIL COVER SHEET filed..(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Walmart Inc...(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 55096-22. (Filing Fee $ 402.00, Receipt Number ANYSDC-25622744).Document filed by Walmart Inc.. (Attachments: #1 Exhibit Ex. A - Summons and Complaint, #2 Exhibit Ex. B - Ex. 1 to Complaint, #3 Exhibit Ex. C - Ex. 2 to Complaint, #4 Exhibit Ex. D - Ex. 3 to Complaint, #5 Exhibit Ex. E - Ex. 4 to Complaint, #6 Exhibit Ex. F - Ex. 5 to Complaint, #7 Exhibit Ex. G - Ex. 6 to Complaint, #8 Exhibit Ex. H - State Disclosure Statement (London Luxury LLC), #9 Exhibit Ex. I - Request for Judicial Intervention, #10 Exhibit Ex. J - Aff. of Service of Summons and Complaint, #11 Exhibit Ex. K - Request for Judicial Intervention Addendum).(Armstrong, Lee) [Transferred from nysd on 4/4/2022.] |
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