Leeper et al v. Altice USA, Inc.
Plaintiff: Mesha Leeper, Cecily Young and Betty Barton
Defendant: Altice USA, Inc. doing business as Suddenlink Communications
Case Number: 6:2020cv06119
Filed: October 13, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Robert T Dawson
Referring Judge: Susan O Hickey
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Account Receivable
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2023 Opinion or Order Filing 40 STATUS REPORT filed Jointly by Altice USA, Inc.. (Robinson, Laura)
March 13, 2023 Opinion or Order Filing 39 STATUS REPORT -Joint by Altice USA, Inc.. (Robinson, Laura)
January 4, 2023 Opinion or Order TEXT ONLY MEMO OF REASSIGNMENT. Case reassigned to Honorable Susan O. Hickey. Honorable Robert T. Dawson no longer assigned to the case. (hnc)
December 14, 2022 Opinion or Order Filing 38 OPINION AND ORDER denying without prejudice #7 Motion to Compel Arbitration ; denying without prejudice #9 Motion to Dismiss for Failure to State a Claim; denying without prejudice #27 Motion to Certify. Case STAYED. Signed by Honorable Robert T. Dawson on December 14, 2022. (bjb) Modified on 12/14/2022 (bjb). (Main Document 38 replaced on 12/15/2022) (bjb).
December 5, 2022 Opinion or Order Filing 37 TEXT ONLY ORDER granting #36 Motion to Withdraw as Attorney. Attorney Ginger K. Gooch withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Robert T. Dawson on December 5, 2022. (jlg)
November 23, 2022 Opinion or Order Filing 36 MOTION of Ginger K. Gooch to Withdraw as Attorney by Altice USA, Inc.. (Gooch, Ginger)
November 23, 2022 Opinion or Order Filing 35 NOTICE of Appearance by Laura C. Robinson on behalf of Altice USA, Inc.. (Robinson, Laura)
January 3, 2022 Opinion or Order Filing 34 TEXT ONLY ORDER granting #33 Motion to Withdraw as Attorney. Attorney Jennifer Gay Ziegenhorn withdrawn, and the Clerk of Court is directed to remove her name from the list of attorneys who receive Notices of Electronic Filing in this case. Signed by Honorable Robert T. Dawson on January 3, 2022. (apm)
December 30, 2021 Opinion or Order Filing 33 MOTION of Jennifer Ziegenhorn to Withdraw as Attorney by Altice USA, Inc.. (Ziegenhorn, Jennifer)
December 30, 2021 Opinion or Order Filing 32 NOTICE of Appearance by Ginger K. Gooch on behalf of Altice USA, Inc.. (Gooch, Ginger)
April 26, 2021 Opinion or Order Filing 31 RESPONSE IN OPPOSITION TO Motion re #27 MOTION to Refer MOTION TO CERTIFY QUESTIONS TO THE ARKANSAS SUPREME COURT filed by Altice USA, Inc.. (Ziegenhorn, Jennifer)
April 26, 2021 Opinion or Order Filing 30 TEXT ONLY ORDER granting #29 Motion to Appear Pro Hac Vice. Kyle P. Seelbach appearing for Defendant Altice USA, Inc. Signed by Honorable Robert T. Dawson on April 26, 2021. (mcc)
April 22, 2021 Opinion or Order Filing 29 MOTION for Attorney Kyle P. Seelbach to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2374269) by Altice USA, Inc.. (Seelbach, Kyle)
April 12, 2021 Opinion or Order Filing 28 MEMORANDUM BRIEF in Support of #27 MOTION to Refer MOTION TO CERTIFY QUESTIONS TO THE ARKANSAS SUPREME COURT by Betty Barton, Mesha Leeper, Cecily Young. (Crowder, William)
April 12, 2021 Opinion or Order Filing 27 MOTION to Refer MOTION TO CERTIFY QUESTIONS TO THE ARKANSAS SUPREME COURT by Betty Barton, Mesha Leeper, Cecily Young. (Crowder, William)
April 5, 2021 Opinion or Order Filing 26 REPLY to Response to Motion re #7 MOTION to Compel Arbitration filed by Altice USA, Inc.. (Ziegenhorn, Jennifer)
April 5, 2021 Opinion or Order Filing 25 TEXT ONLY ORDER granting #24 Motion for Leave to file reply brief in support of Motion to Compel Arbitration by Defendant Altice USA. Defendant shall file its reply brief forthwith. Signed by Honorable Robert T. Dawson on April 5, 2021. (mcc)
March 30, 2021 Opinion or Order Filing 24 MOTION for Leave to file reply brief in support of its Motion to Compel Arbitration by Altice USA, Inc.. (Attachments: #1 Exhibit Proposed Reply In Support of Motion to Compel Arbitraion)(Ziegenhorn, Jennifer)
March 23, 2021 Opinion or Order Filing 23 RESPONSE IN OPPOSITION TO Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Betty Barton, Mesha Leeper, Cecily Young. (Attachments: #1 Exhibit No. 1 - Proclamation 9994, #2 Exhibit No. 2 - Executive Orders, #3 Exhibit No. 3 - Easom v. US Well Services, Inc., --- F.Supp.3d---, 2021 WL 520712, * 7 (S.D.Tex. Feb. 10. 2021))(Crowder, William)
March 23, 2021 Opinion or Order Filing 22 RESPONSE IN OPPOSITION TO Motion re #7 MOTION to Compel filed by Betty Barton, Mesha Leeper, Cecily Young. (Attachments: #1 Exhibit No. 1 - Order of the Clark County Circuit Court, #2 Exhibit No. 2 - Terms and Policies of Suddenlink Communications, #3 Exhibit No. 3 - Leeper, Barton & Young Affidavits, #4 Exhibit No. 4 - "No Contract" Representations, #5 Exhibit No. 5 - Excerpts from "Residential Services Agreement")(Crowder, William)
March 16, 2021 Opinion or Order Filing 21 ORDER denying #16 Motion to Remand. Plaintiffs shall have through 3/23/2021 to respond to Defendant's Motion to Compel Arbitration (ECF No. 7) and Motion to Dismiss for Failure to State a Claim (ECF No. 9). Signed by Honorable Robert T. Dawson on March 16, 2021. (lw)
December 4, 2020 Opinion or Order Filing 20 RESPONSE IN OPPOSITION TO Motion re #16 MOTION to Remand filed by Altice USA, Inc.. (Attachments: #1 Exhibit Ex 1-Declaration of Kimberly Koke)(Ziegenhorn, Jennifer)
November 18, 2020 Opinion or Order Filing 19 TEXT ONLY ORDER granting #18 Defendant's Unopposed Motion for Extension of Time to File Response to #16 Plaintiffs' Motion to Remand. Defendant shall have through December 4, 2020 to file its Response. Signed by Honorable Robert T. Dawson on November 18, 2020. (mcc)
November 18, 2020 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand by Altice USA, Inc.. (Ziegenhorn, Jennifer)
November 12, 2020 Opinion or Order Filing 17 MEMORANDUM BRIEF in Support of #16 MOTION to Remand by Betty Barton, Mesha Leeper, Cecily Young. (Crowder, William)
November 12, 2020 Opinion or Order Filing 16 MOTION to Remand by Betty Barton, Mesha Leeper, Cecily Young. (Attachments: #1 Exhibit No. 1 - Plaintiffs Class Action Complaint (ECF No. 4), #2 Exhibit No. 2 - Notice of Removal (ECF No. 2))(Crowder, William)
November 2, 2020 Opinion or Order Filing 15 TEXT ONLY ORDER directing Plaintiffs to file a motion to remand. Plaintiffs shall have through November 12, 2020 to file a motion to remand this case to state court. Provided the motion to remand is timely filed, Plaintiffs' time to respond to Defendants' #7 Motion to Compel Arbitration and #9 Motion to Dismiss for Failure to State a Claim shall be extended until seven (7) days after the Court issues its ruling on the motion to remand. Signed by Honorable Robert T. Dawson on November 2, 2020. (mcc)
October 30, 2020 Opinion or Order Filing 14 TEXT ONLY ORDER finding as moot #12 Plaintiffs' Unopposed Motion to Extend; and granting #13 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs shall have through November 9, 2020 to respond to Defendants' motions. Signed by Honorable Robert T. Dawson on October 30, 2020. (mcc)
October 30, 2020 Opinion or Order Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Failure to State a Claim , #7 MOTION to Compel , #12 Unopposed MOTION to Extend MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Failure to State a Claim , #7 MOTION to Compel (corrected to include exhibit no. 1) by Betty Barton, Mesha Leeper, Cecily Young. (Attachments: #1 Exhibit No. 1 - Email from Todd Turner to Jennifer Ziegenhorn (Oct. 30, 2020, 12:57PM CST)(on file with author))(Crowder, William)
October 30, 2020 Opinion or Order Filing 12 Unopposed MOTION to Extend , MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Failure to State a Claim , #7 MOTION to Compel by Betty Barton, Mesha Leeper, Cecily Young. (Crowder, William)
October 26, 2020 Opinion or Order Filing 11 NOTICE of Appearance by Jennifer Gay Ziegenhorn on behalf of Altice USA, Inc.. (Ziegenhorn, Jennifer)
October 19, 2020 Opinion or Order Filing 10 MEMORANDUM BRIEF in Support of #9 MOTION to Dismiss for Failure to State a Claim by Altice USA, Inc.. (Gooch, Ginger)
October 19, 2020 Opinion or Order Filing 9 MOTION to Dismiss for Failure to State a Claim by Altice USA, Inc.. (Gooch, Ginger)
October 19, 2020 Opinion or Order Filing 8 MEMORANDUM BRIEF in Support of #7 MOTION to Compel by Altice USA, Inc.. (Attachments: #1 Exhibit 1-Declaration of Daniel Fitzgibbon)(Gooch, Ginger)
October 19, 2020 Opinion or Order Filing 7 MOTION to Compel by Altice USA, Inc.. (Gooch, Ginger)
October 13, 2020 Opinion or Order Filing 6 NOTICE of Appearance by Ginger K. Gooch on behalf of Altice USA, Inc.. (mjm)
October 13, 2020 Opinion or Order Filing 5 CORPORATE DISCLOSURE STATEMENT by Altice USA, Inc.. (mjm)
October 13, 2020 Opinion or Order Filing 4 COMPLAINT with Jury Demand against Altice USA, Inc., filed by Mesha Leeper, Cecily Young, Betty Barton. (Originally filed in the Circuit Court of Clark County on 8/31/2020 in case 10CV-20-111)(mjm)
October 13, 2020 Opinion or Order Filing 3 Magistrate Notice/Consent Form. (mjm)
October 13, 2020 Opinion or Order Filing 2 NOTICE OF REMOVAL from Circuit Court of Clark County, case number 10CV-20-111., filed by Altice USA, Inc.. (Attachments: #1 Exhibit A: State Court Pleadings, #2 Exhibit B: Notice of Filing)(mjm)
October 13, 2020 Opinion or Order Filing 1 CIVIL COVER SHEET for case initiated by Altice USA, Inc.. (mjm)
October 13, 2020 Opinion or Order Notice of Removal filing fee paid re #2 Notice of Removal : $ 400, receipt number AARWDC-2246782.. (Gooch, Ginger)
October 13, 2020 Opinion or Order CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $400.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 10/15/2020. (mjm)

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Plaintiff: Mesha Leeper
Represented By: William Thomas Crowder
Represented By: Todd M. Turner
Represented By: Thomas P. Thrash
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Plaintiff: Cecily Young
Represented By: William Thomas Crowder
Represented By: Todd M. Turner
Represented By: Thomas P. Thrash
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Plaintiff: Betty Barton
Represented By: William Thomas Crowder
Represented By: Todd M. Turner
Represented By: Thomas P. Thrash
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Defendant: Altice USA, Inc. doing business as Suddenlink Communications
Represented By: Jennifer Ziegenhorn
Represented By: Ginger K. Gooch
Represented By: Floyd Thomas Curry
Represented By: Jennifer Gay Ziegenhorn
Represented By: Kyle Seelbach
Represented By: Laura C. Robinson
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