Mikulsky v. Bloomingdale's, LLC et al
Plaintiff: Erica Mikulsky
Defendant: Bloomingdale's LLC and Bloomingdales.com, LLC
Case Number: 3:2023cv00425
Filed: March 8, 2023
Court: US District Court for the Southern District of California
Presiding Judge: Daniel E Butcher
Referring Judge: William V Gallo
2 Judge: Marilyn L Huff
3 Judge: M James Lorenz
4 Judge: Bernard G Skomal
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Filing 32 MOTION to Dismiss for Failure to State a Claim First Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by Bloomingdale's LLC, Bloomingdales.com, LLC. (Attachments: #1 Declaration of Matthew Q. Verdin, #2 Exhibit 1)(Henn, Emily)
November 8, 2023 Opinion or Order Filing 31 ORDER Granting Joint Motion to Set Briefing Schedule on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (ECF No. #30 ). Signed by Judge M. James Lorenz on 11/8/2023. (cxl1)
November 3, 2023 Filing 30 Joint MOTION for Extension of Time to File -- Joint Motion to Set Briefing Schedule on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint, by Bloomingdale's LLC, Bloomingdales.com, LLC. (Henn, Emily) (cxl1).
November 2, 2023 Filing 29 SUPPLEMENTAL DOCUMENT by Erica Mikulsky re #28 Notice and Order of Document Discrepancies, #27 Amended Complaint (Exhibit A - Redline Copy of Amended Complaint). (Nathan, Steven) (cxl1).
November 1, 2023 Opinion or Order Filing 28 Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re #27 Amended Complaint, from Plaintiff Erica Mikulsky. Non-compliance with local rule(s), Civ. Loc. R. 15.1(c): Failure to comply with the following: Any amended pleading filed after the granting of a motion to dismiss or motion to strike with leave to amend, must be accompanied by a version of that pleading that shows---through redlining, underlining, strikeouts, or other similarly effective typographic methods---how that pleading differs from the previously dismissed pleading. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. IF A REDLINE COPY OF THE AMENDED COMPLAINT IS NOT FILED BY 11/6/23, THE AMENDED COMPLAINT WILL BE STRICKEN FROM THE RECORD. (cxl1)
October 27, 2023 Filing 27 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Erica Mikulsky. (Nathan, Steven) (cxl1).
October 17, 2023 Filing 26 MINUTE ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Bernard G. Skomal for all further proceedings. The new case number is 23cv0425-L-BGS.(no document attached) (cxl1)
October 6, 2023 Opinion or Order Filing 25 ORDER Granting Motion To Dismiss With Leave To Amend (ECF No. #13 ). Signed by Judge M. James Lorenz on 10/6/2023. (alns)
September 22, 2023 Filing 24 NOTICE of Supplemental Authority by Erica Mikulsky re #14 Response in Opposition to Motion (Attachments: #1 Exhibit EXA Greenley v Kochava, #2 Exhibit EXB Yockey v Salesforce Inc)(Nathan, Steven) (cxl1).
September 20, 2023 Filing 23 NOTICE of Supplemental Authority by Bloomingdale's LLC, Bloomingdales.com, LLC re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A to Notice of Supplemental Authority)(Henn, Emily) (cxl1).
August 31, 2023 Filing 22 NOTICE of Supplemental Authority (Corrected) by Erica Mikulsky re #21 Notice (Other) (Attachments: #1 Exhibit Exhibit A - Supplemental Authority)(Nathan, Steven) (cxl1).
August 31, 2023 Filing 21 NOTICE of Supplemental Authority by Erica Mikulsky re #14 Response in Opposition to Motion (Attachments: #1 Exhibit Exhibit A - Supplemental Authority)(Nathan, Steven) (cxl1).
August 30, 2023 Filing 20 NOTICE of Supplemental Authorities by Bloomingdale's LLC, Bloomingdales.com, LLC re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A to Notice of Supplemental Authorities, #2 Exhibit B to Notice of Supplemental Authorities)(Henn, Emily) (cxl1).
August 21, 2023 Filing 19 NOTICE of Supplemental Authorities by Bloomingdale's LLC, Bloomingdales.com, LLC re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A to Notice of Supplemental Authorities, #2 Exhibit B to Notice of Supplemental Authorities)(Henn, Emily) (cxl1).
August 8, 2023 Filing 18 NOTICE of Supplemental Authority by Erica Mikulsky re #14 Response in Opposition to Motion (Attachments: #1 Exhibit Exhibit A - Supplemental Authority)(Nathan, Steven) (cxl1).
July 26, 2023 Filing 17 NOTICE of Supplemental Authorities by Bloomingdale's LLC, Bloomingdales.com, LLC re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A to Notice of Supplemental Authorities, #2 Exhibit B to Notice of Supplemental Authorities)(Henn, Emily) (cxl1).
July 20, 2023 Filing 16 NOTICE of Supplemental Authority by Bloomingdale's LLC, Bloomingdales.com, LLC re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A to Notice of Supplemental Authority)(Henn, Emily) (alns).
June 5, 2023 Filing 15 REPLY to Response to Motion re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction -- Reply in Support of Motion to Dismiss Complaint, filed by Bloomingdale's LLC, Bloomingdales.com, LLC. (Henn, Emily) (cxl1).
May 26, 2023 Filing 14 RESPONSE in Opposition re #13 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Erica Mikulsky. (Nathan, Steven) (cxl1).
May 8, 2023 Filing 13 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Bloomingdale's LLC, Bloomingdales.com, LLC. (Attachments: #1 Declaration of Grant Cerny in Support of Defendants' Motion to Dismiss the Complaint)(Lannin, Cortlin) (cxl1).
April 6, 2023 Opinion or Order Filing 12 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge M. James Lorenz and Magistrate Judge William V. Gallo for all further proceedings. Judge Marilyn L. Huff, Magistrate Judge Daniel E. Butcher no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:23-cv-00129-L-WVG. The new case number is 3:23-cv-00425-L-WVG.. Signed by Judge Marilyn L. Huff on 4/6/2023. Signed by Judge M. James Lorenz on 4/5/2023.(jrm)
March 29, 2023 Filing 11 NOTICE of Appearance by Matthew Verdin on behalf of Bloomingdale's LLC, Bloomingdales.com, LLC (Verdin, Matthew)Attorney Matthew Verdin added to party Bloomingdale's LLC(pty:dft), Attorney Matthew Verdin added to party Bloomingdales.com, LLC(pty:dft) (jrm).
March 29, 2023 Filing 10 NOTICE of Appearance by Cortlin Hall Lannin on behalf of Bloomingdale's LLC, Bloomingdales.com, LLC (Lannin, Cortlin)Attorney Cortlin Hall Lannin added to party Bloomingdale's LLC(pty:dft), Attorney Cortlin Hall Lannin added to party Bloomingdales.com, LLC(pty:dft) (jrm).
March 29, 2023 Filing 9 NOTICE OF RELATED CASE(S) by Bloomingdale's LLC, Bloomingdales.com, LLC of case(s) 3:23-cv-00129-L-WVG . (Henn, Emily) (jrm).
March 29, 2023 Filing 8 Corporate Disclosure Statement by Bloomingdale's LLC, Bloomingdales.com, LLC identifying Corporate Parent Macy's, Inc., Other Affiliate Macy's Retail Holdings, LLC for Bloomingdale's LLC, Bloomingdales.com, LLC.. (Henn, Emily)(jrm).
March 29, 2023 Filing 7 NOTICE of Appearance by Emily Johnson Henn on behalf of Bloomingdale's LLC, Bloomingdales.com, LLC (Henn, Emily)Attorney Emily Johnson Henn added to party Bloomingdale's LLC(pty:dft), Attorney Emily Johnson Henn added to party Bloomingdales.com, LLC(pty:dft) (jrm).
March 16, 2023 Opinion or Order Filing 6 ORDER Approving #5 Pro Hac Vice Application of James Pizzirusso. Signed by Judge Marilyn L. Huff on 3/15/2023.(jrm)
March 15, 2023 Filing 5 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17668505.) (Application to be reviewed by Clerk.) (Pizzirusso, James)
March 10, 2023 Filing 4 WAIVER OF SERVICE Returned Executed by Erica Mikulsky, as to Bloomingdale's LLC. (Nathan, Steven) (jms).
March 10, 2023 Filing 3 WAIVER OF SERVICE Returned Executed by Erica Mikulsky, as to Bloomingdales.com, LLC. (Nathan, Steven) (jms).
March 8, 2023 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ggv) (sjt).
March 8, 2023 Filing 1 COMPLAINT with Jury Demand against Bloomingdale's, LLC, Bloomingdales.com, LLC ( Filing fee $ 402 receipt number ACASDC-17647776.), filed by Erica Mikulsky. (Attachments: #1 Civil Cover Sheet)The new case number is 3:23-cv-425-H-DEB. Judge Marilyn L. Huff and Magistrate Judge Daniel E. Butcher are assigned to the case. (Nathan, Steven)(ggv) (sjt).

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Plaintiff: Erica Mikulsky
Represented By: Steven Nathan
Represented By: James Pizzirusso
Represented By: Steven M. Nathan
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Defendant: Bloomingdale's LLC
Represented By: Emily Johnson Henn
Represented By: Cortlin Hall Lannin
Represented By: Matthew Verdin
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Defendant: Bloomingdales.com, LLC
Represented By: Cortlin Hall Lannin
Represented By: Emily Johnson Henn
Represented By: Matthew Verdin
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