Errato v. American Express Co. et al
Robert Errato |
American Express Co., Linkedin, Corporation, David Whitaker and Google, LLC |
3:2018cv01634 |
September 28, 2018 |
US District Court for the District of Connecticut |
Victor A Bolden |
Contract: Other |
28 U.S.C. § 1332 Diversity-Contract Dispute |
Defendant |
Docket Report
This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 97 RESPONSE re #95 MOTION for Leave to File Amended Complaint filed by Linkedin, Corporation. (Ferreone, Alyssa) |
Filing 96 NOTICE of Appearance by Alyssa Rose Ferreone on behalf of Linkedin, Corporation (Ferreone, Alyssa) |
Set Deadline as to #95 MOTION for Leave to File. Responses due by 4/27/2022 (Imbriani, Susan) |
Filing 95 MOTION for Leave to file AMENDED COMPLAINT against Google, LLC, Linkedin, Corporation, filed by Robert Errato. (Attachments: #1 Proposed Amended Complaint, #2 Memorandum in Support)(Sachs, Jeffrey) Modified on 4/14/2022 to change to motion event. (Imbriani, Susan). |
Filing 94 Second OBJECTION re #93 Second MOTION to Dismiss (renewed motion) (renewed objection) filed by Robert Errato. (Sachs, Jeffrey) |
Filing 93 Second MOTION to Dismiss (renewed motion) by Google, LLC.Responses due by 4/8/2022 (Tropp, Jonathan) |
Filing 92 ORDER granting #80 Motion for Judgment on the Pleadings; granting #81 Motion to Dismiss. For the reasons described in the attached ruling and order, Mr. Whitaker's motion for judgment on the pleadings is GRANTED. Mr. Errato's claims against Mr. Whitaker--Counts Five, Six, Seven, and Twelve--are dismissed with prejudice.The Court further GRANTS LinkedIn's motion to dismiss. Mr. Errato's claims against LinkedIn--Counts Ten, Eleven, and Twelve--are dismissed without prejudice. If Mr. Errato wishes to seek leave to file another amended complaint addressing the legal deficiencies described in the attached ruling and order, he must do so by April 15, 2022.At this point, only Counts Eight, Nine, and Twelve remain to the extent they allege claims against Google, the remaining defendant in this case. Signed by Judge Victor A. Bolden on 3/11/2022. (Lee, Diana) |
Filing 91 ORDER granting #70 Motion to Reopen Case and Lift Stay of Proceedings. In accordance with the Court's previous ruling and order, see ECF No. #68 , the Court hereby GRANTS the motion to reopen the case and lifts the stay of proceedings as to the remaining Defendants--Google, LLC, LinkedIn Corporation, and David Whitaker--in this case. Signed by Judge Victor A. Bolden on 3/11/2022. (Lee, Diana) |
Filing 90 ORDER dismissing Defendant American Express Co., in light of #69 Joint Stipulation for Dismissal of Complaint as to Defendant, American Express Company. In the parties' joint stipulation, Mr. Errato and American Express Company indicate that they have concluded their arbitration and resolved all issues between the two parties, and stipulate to dismissal of the Complaint, with prejudice, against American Express Company. Accordingly, the Court dismisses Counts One, Two, Three, and Four of the #31 Amended Complaint. The Clerk of Court respectfully is directed to terminate American Express Co. as a defendant. Signed by Judge Victor A. Bolden on 3/11/2022. (Lee, Diana) |
Filing 89 NOTICE of Appearance by Emily McDonough Souza on behalf of Linkedin, Corporation (Souza, Emily) |
Filing 88 ORDER granting #87 Motion to Withdraw as Attorney. Attorney Terence John Brunau terminated. Signed by Judge Victor A. Bolden on 9/18/2021. (Castano, Nelson) |
Filing 87 MOTION for Terence J. Brunau to Withdraw as Attorney by Linkedin, Corporation. (Brunau, Terence) |
Filing 86 REPLY to Response to #81 MOTION to Dismiss (Renewed) Reply in Support of Renewed Motion to Dismiss filed by Linkedin, Corporation. (Brunau, Terence) |
Filing 85 REPLY to Response to #80 MOTION for Judgment on the Pleadings filed by David Whitaker. (Brosnihan, David) |
Filing 84 OBJECTION re #39 MOTION to Dismiss filed by Robert Errato. (Attachments: #1 Exhibit A-1 - Objection to Motion to Dismiss and Memo of Law in Support dated 1-11-19)(Sachs, Jeffrey) |
Filing 83 Memorandum in Opposition re #80 MOTION for Judgment on the Pleadings filed by Robert Errato. (Sachs, Jeffrey) |
Filing 82 OBJECTION re #80 MOTION for Judgment on the Pleadings filed by Robert Errato. (Sachs, Jeffrey) |
Filing 81 MOTION to Dismiss (Renewed) by Linkedin, Corporation.Responses due by 9/3/2021 (Brunau, Terence) |
Filing 80 MOTION for Judgment on the Pleadings by David Whitaker.Responses due by 9/2/2021 (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Brosnihan, David) |
Filing 79 NOTICE by David Whitaker Withdrawal of Appearance (Balliro, Juliane) |
Filing 78 ORDER granting #77 Motion to Appear Pro Hac Vice for Robert R. Berluti, Esq. Signed by Clerk on 7/29/2021. (Imbriani, Susan) |
Filing 77 MOTION for Attorney(s) Robert R. Berluti to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6592722) by David Whitaker. (Attachments: #1 Exhibit Certificate of Sponsoring Attorney, #2 Exhibit Certificate of Sponsoring Attorney, #3 Exhibit Certificate of Good Standing - MA, #4 Exhibit Certificate of Good Standing - NY, #5 Exhibit Certificate of Good Standing - NH)(Brosnihan, David) |
Filing 76 ORDER granting #74 Motion to Withdraw as Attorney. Attorney Patrick T. Uiterwyk terminated. Signed by Judge Victor A. Bolden on 7/28/2021. (Tisdale, I.) |
Filing 75 ORDER granting #73 Motion to Withdraw as Attorney. Attorney Kevin P. Polansky terminated. Signed by Judge Victor A. Bolden on 7/28/2021. (Tisdale, I.) |
Filing 74 MOTION for Patrick T. Uiterwyk to Withdraw as Attorney by David Whitaker. (Uiterwyk, Patrick) |
Filing 73 MOTION for Kevin P. Polansky to Withdraw as Attorney by David Whitaker. (Polansky, Kevin) |
Filing 72 NOTICE of Appearance by David Andrew Brosnihan on behalf of David Whitaker (Brosnihan, David) |
Filing 71 RESPONSE re #70 MOTION to Reopen Case and Lift Stay of Proceedings filed by Linkedin, Corporation. (Basile, Richard) |
Filing 70 MOTION to Reopen Case and Lift Stay of Proceedings by Robert Errato.Responses due by 7/16/2021 (Sachs, Jeffrey) |
Filing 69 Joint STIPULATION FOR DISMISSAL OF COMPLAINT AS TO DEFENDANT, AMERICAN EXPRESS COMPANY by Robert Errato. (Sachs, Jeffrey) |
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Perez, J.) |
Filing 68 RULING AND ORDER granting #38 Motion to Compel and Stay All Proceedings; denying #39 Motion to Dismiss; denying #40 Motion to Dismiss. For the reasons explained in the attached Ruling and Order, American Express's motion to compel arbitration, and to stay all proceedings pending arbitration, is GRANTED.The Court ORDERS Mr. Errato and American Express to arbitrate their claims under 9 U.S.C. 4. These proceedings are hereby STAYED under 9 U.S.C. 3.All remaining pending motions to dismiss the Amended Complaint are DENIED at this time in light of the stay of these proceedings, without prejudice to renewal after the arbitration has concluded.The Clerk of the Court is respectfully directed to close this case administratively due to the stay of these proceedings. If the parties require additional relief from this Court following the arbitration, they may move to re-open this case. Signed by Judge Victor A. Bolden on 8/23/2019. (Baran, Hugh) |
Filing 67 Minute Entry for proceedings held before Judge Victor A. Bolden: Motion Hearing held on 7/24/2019 re #38 MOTION to Compel Arbitration filed by American Express Co. Decision reserved. Total time: 33 minutes. (Court Reporter S. Montini.) (Baran, Hugh) |
Filing 66 NOTICE of Appearance by Patrick Thomas Uiterwyk on behalf of David Whitaker (Uiterwyk, Patrick) |
Filing 65 ORDER granting #64 Motion to Appear Pro Hac Vice as to Steven McCartan. Certificate of Good Standing due by 9/16/2019. Signed by Clerk on 7/18/2019. (Fazekas, J.) |
Filing 64 MOTION for Attorney(s) Steven McCartan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5363615) by American Express Co.. (Attachments: #1 Affidavit of Steven McCartan)(Almodovar, Miguel) |
Filing 63 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Set/Reset Deadlines as to #38 MOTION to Compel Arbitration:Motion Hearing on Motion to Compel Arbitration, ECF No. 38, set for 7/24/2019 at 01:00 PM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Victor A. Bolden. (Baran, Hugh) |
Filing 62 REPLY to Response to #38 MOTION to Compel Arbitration filed by American Express Co.. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Almodovar, Miguel) |
Filing 61 REPLY to Response to #40 MOTION to Dismiss filed by Google, LLC. (Tropp, Jonathan) |
Filing 60 Memorandum in Support re #39 MOTION to Dismiss filed by Linkedin, Corporation. (Basile, Richard) |
Filing 59 ORDER granting #58 Consent MOTION for Extension of Time until February 14, 2019 to Reply to Objection to Motion to Compel Arbitration by American Express Co. Signed by Judge Victor A. Bolden on 01/23/19. (Ryan, Sarah) |
Filing 58 Consent MOTION for Extension of Time until February 14, 2019 Reply to Objection to Motion to Compel Arbitration by American Express Co.. (Almodovar, Miguel) |
Filing 57 Memorandum in Opposition re #38 MOTION to Compel Arbitration filed by Robert Errato. (Attachments: #1 Affidavit)(Sachs, Jeffrey) |
Filing 56 OBJECTION re #38 MOTION to Compel Arbitration filed by Robert Errato. (Sachs, Jeffrey) |
Filing 55 Memorandum in Opposition re #39 MOTION to Dismiss filed by Robert Errato. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sachs, Jeffrey) |
Filing 54 OBJECTION re #39 MOTION to Dismiss filed by Robert Errato. (Sachs, Jeffrey) |
Filing 53 Memorandum in Opposition re #40 MOTION to Dismiss filed by Robert Errato. (Sachs, Jeffrey) |
Filing 52 OBJECTION re #40 MOTION to Dismiss filed by Robert Errato. (Sachs, Jeffrey) |
Filing 51 REPLY to Response to #38 MOTION to Compel Arbitration by Whitaker filed by American Express Co.. (Almodovar, Miguel) |
Filing 50 RESPONSE re #38 MOTION to Compel Arbitration filed by David Whitaker. (Balliro, Juliane) |
Filing 49 REPLY to Response to #38 MOTION to Compel Arbitration filed by American Express Co.. (Almodovar, Miguel) |
Filing 48 ORDER granting #45 Motion for Extension of Time to File Response/Reply. Signed by Judge Victor A. Bolden on 12/21/18. (Ryan, Sarah) |
Filing 47 RESPONSE re #38 MOTION to Compel Arbitration filed by Google, LLC. (Tropp, Jonathan) |
Filing 46 ORDER granting #44 Joint MOTION for Extension of Time until 30 days after ruling on pending motions to file the parties' joint case planning report. Signed by Judge Victor A. Bolden on 12/20/18. (Ryan, Sarah) |
Filing 45 MOTION for Extension of Time to File Response/Reply as to #38 MOTION to Compel Arbitration, #40 MOTION to Dismiss , #39 MOTION to Dismiss until January 11, 2019 by Robert Errato. (Sachs, Jeffrey) |
Filing 44 Joint MOTION for Extension of Time until 30 days after ruling on pending motions to file the parties' joint case planning report by Google, LLC. (Tropp, Jonathan) |
Filing 43 RESPONSE re #38 MOTION to Compel Arbitration filed by Linkedin, Corporation. (Basile, Richard) |
Filing 42 CERTIFICATE OF GOOD STANDING re #30 MOTION for Attorney(s) Juliane Balliro to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5045718) by David Whitaker. (Balliro, Juliane) |
Filing 41 NOTICE of Appearance by Juliane Balliro on behalf of David Whitaker (Balliro, Juliane) |
Filing 40 MOTION to Dismiss by Google, LLC.Responses due by 12/28/2018 (Attachments: #1 Memorandum in Support)(Tropp, Jonathan) |
Filing 39 MOTION to Dismiss by Linkedin, Corporation.Responses due by 12/28/2018 (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Basile, Richard) |
Filing 38 MOTION to Compel Arbitration by American Express Co..Responses due by 12/27/2018 (Attachments: #1 Exhibit A)(Almodovar, Miguel) |
Filing 37 Amended ANSWER to #31 Amended Complaint with Affirmative Defenses. by David Whitaker.(Polansky, Kevin) |
Filing 36 ORDER granting #35 Joint Motion for Extension of Time until 12/07/2018 to Respond to the Amended Complaint. Signed by Judge Victor A. Bolden on 11/21/18. (Ryan, Sarah) |
Answer deadline updated for American Express Co. to 12/7/2018. (Fazekas, J.) |
Filing 35 Joint MOTION for Extension of Time until 12/07/2018 Respond to Amended Complaint by American Express Co.. (Almodovar, Miguel) |
Filing 34 ORDER granting #33 Consent Motion for Extension of Time, until 12/17/18, for parties to submit joint case planning report. Signed by Judge Victor A. Bolden on 11/16/18. (Ryan, Sarah) |
Filing 33 Joint MOTION for Extension of Time until December 17, 2018by all parties to submit joint case planning report on Form 26(f) Set Deadlines/Hearings by Google, LLC. (Tropp, Jonathan) |
Filing 32 ORDER granting #30 Motion to Appear Pro Hac Vice as to Juliane Balliro. Certificate of Good Standing due by 1/13/2019. Signed by Clerk on 11/14/2018. (Fazekas, J.) |
Filing 31 AMENDED COMPLAINT (WITH CONSENT) against All Defendants, filed by Robert Errato.(Sachs, Jeffrey) |
Filing 30 MOTION for Attorney(s) Juliane Balliro to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5045718) by David Whitaker. (Attachments: #1 Affidavit in Support of Pro Hac Vice Admission)(Polansky, Kevin) |
Filing 29 ORDER granting #25 Motion for Extension of Time. Signed by Judge Victor A. Bolden on 11/1/2018. (Perez, J.) |
Filing 28 ANSWER to Complaint (Notice of Removal) by David Whitaker.(Polansky, Kevin) |
Set Deadlines: Answer from Defendant LinkedIn is now due 11/16/18. Signed by Judge Victor A. Bolden on 11/5/18. (Ryan, Sarah) |
Filing 27 ORDER finding as moot #25 Motion for Extension of Time; granting #26 Motion for Extension of Time. Signed by Judge Victor A. Bolden on 11/01/18. (Ryan, Sarah) |
Answer deadline updated for Google, LLC to 11/16/2018. (Fazekas, J.) |
Filing 26 Consent MOTION for Extension of Time until November 16, 2018 to Respond to Complaint #1 Notice of Removal, by Google, LLC. (Tropp, Jonathan) |
Filing 25 Second MOTION for Extension of Time until Nov. 16, 2018 Respond to Complaint #1 Notice of Removal, by Linkedin, Corporation. (Brunau, Terence) Modified on 11/7/2018 remove term date (Perez, J.). |
Filing 24 ORDER granting #23 Motion for Extension of Time. Signed by Judge Victor A. Bolden on 10/23/2018. (Perez, J.) |
Answer deadline updated for David Whitaker to 11/5/2018. (Perez, J.) |
Filing 23 MOTION for Extension of Time until 11/05/2018 to Respond to Complaint by David Whitaker. (Polansky, Kevin) |
Answer deadline updated for Google, LLC to 11/5/2018; Linkedin, Corporation to 11/5/2018. (Perez, J.) |
Filing 22 NOTICE by American Express Co. Notice of Compliance with Standing Order on Removed Cases (Almodovar, Miguel) |
Filing 21 NOTICE by American Express Co. Notice of Pending Motions (Almodovar, Miguel) |
Filing 20 ORDER granting #18 Motion for Extension of Time until November 16, 2018 to respond to the Complaint. Signed by Judge Victor A. Bolden on 10/04/18. (Ryan, Sarah) |
Filing 19 Corporate Disclosure Statement by American Express Co.. (Almodovar, Miguel) |
Filing 18 Consent MOTION for Extension of Time until November 16, 2018 Respond to Complaint by American Express Co.. (Almodovar, Miguel) |
Filing 17 ORDER granting #15 Motion for Extension of Time. Signed by Judge Victor A. Bolden on 10/03/18. (Ryan, Sarah) |
Filing 16 ORDER granting #13 Motion for Extension of Time. Signed by Judge Victor A. Bolden on 10/03/18. (Ryan, Sarah) |
Filing 15 Consent MOTION for Extension of Time until November 5, 2018 to Respond to Complaint by Google, LLC. (Tropp, Jonathan) |
Filing 14 Corporate Disclosure Statement by Google, LLC identifying Corporate Parent XXVI Holdings, Inc., Corporate Parent Alphabet, Inc. for Google, LLC. (Tropp, Jonathan) |
Filing 13 MOTION for Extension of Time until Nov. 5, 2018(Consent) Respond to Complaint by Linkedin, Corporation. (Brunau, Terence) |
Set Deadlines/Hearings: Rule 26 Meeting Report due by 11/15/2018 (Perez, J.) |
Filing 12 NOTICE of Appearance by Richard J Basile on behalf of Linkedin, Corporation (Basile, Richard) |
Filing 11 Corporate Disclosure Statement by Linkedin, Corporation identifying Corporate Parent Microsoft Corporation for Linkedin, Corporation. (Brunau, Terence) |
Filing 10 Consent NOTICE by Linkedin, Corporation re #1 Notice of Removal, (Brunau, Terence) |
Filing 9 NOTICE of Appearance by Terence John Brunau on behalf of Linkedin, Corporation (Brunau, Terence) |
Filing 8 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Notice of Removal, filed by American Express Co., #6 Electronic Filing Order, #7 Standing Protective Order, #4 Notice (Other) filed by David Whitaker, #2 Notice of Appearance filed by Jonathan B. Tropp on behalf of Google, LLC, #5 Order on Pretrial Deadlines, #3 Consent Notice (Other) filed by Google, LLC Signed by Clerk on 10/1/2018. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
Filing 4 NOTICE by David Whitaker re #1 Notice of Removal, Consent to Removal (Polansky, Kevin) |
Filing 7 STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 9/28/2018.(Fazekas, J.) |
Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 9/28/2018.(Fazekas, J.) |
Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 11/27/2018. Discovery due by 3/30/2019. Dispositive Motions due by 5/4/2019. Signed by Clerk on 9/28/2018.(Fazekas, J.) |
Filing 3 Consent NOTICE by Google, LLC re #1 Notice of Removal, (Tropp, Jonathan) |
Filing 2 NOTICE of Appearance by Jonathan B. Tropp on behalf of Google, LLC (Tropp, Jonathan) |
Filing 1 NOTICE OF REMOVAL by American Express Co. from Superior Court of Connecticut, Judicial District of New Haven at New Haven, case number NNH-CV18-6085002-S. Filing fee $ 400 receipt number ACTDC-4989418, filed by American Express Co.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Almodovar, Miguel) |
Judge Victor A. Bolden added. (Oliver, T.) |
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