Kyles et al v. Stein Mart, Inc. et al
| Diane Taylor, Ande Kyle and Ande Kyles |
| Stein Mart, Inc., Social Annex, Inc. and Social Annex, Inc. a Delaware corporation doing business as Annex Cloud |
| 1:2019cv00483 |
| March 8, 2019 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 44
ORDER granting #31 Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement; granting #33 Plaintiffs' Unopposed Motion for Attorneys' Fees, Expenses and Incentive Awards. Signed by Judge Colm F. Connolly on 10/19/2021. (kmd)
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| Minute Entry for proceedings held before Judge Colm F. Connolly - Final Approval Hearing held on 10/19/2021 (Court Reporter V. Gunning.) (nmf) |
| CASE CLOSED per D.I. #44 . (nmf) |
| Filing 43 Letter to The Honorable Colm F. Connolly from Tiffany J. Cramer regarding agreed-to updated proposed order granting final approval to the settlement. (Attachments: #1 Text of Proposed Order with Exhibit A, #2 [Redlined] Text of Proposed Order)(Cramer, Tiffany) |
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ORAL ORDER: The Court has reviewed Mr. McAndrew's letter dated September 7, 2021 (D.I. #41 ). In light of the representations in that letter, counsel for Stein Mart are excused from attending the October 19, 2021 Fairness Hearing. Ordered by Judge Colm F. Connolly on 9/17/2021. (nmf)
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ORAL ORDER approving #42 Letter Request from R. Stokes Nolte, Esq. regarding Remote appearance for co-counsel Jon Kardassakis, Esq. at Final Approval Hearing. Ordered by Judge Colm F. Connolly on 9/17/2021. (nmf)
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| Filing 42 Letter to Honorable Judge Connolly from R. Stokes Nolte, Esq. regarding Remote appearance for co-counsel Jon Kardassakis, Esq. at Final Approval Hearing. (Nolte, R.) |
| Filing 41 Letter to Honorable Colm F. Connolly from Edward J. McAndrew regarding Stein Mart Counsel Attendance at Final Approval Hearing. (McAndrew, Edward) |
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ORAL ORDER re #40 Letter to The Honorable Chief Judge Connolly from Robert J. Kriner, Jr. regarding Request for Rescheduled Final Approval Hearing, ORDER, Setting Hearings(The Final Approval Hearing is set for 10/19/2021 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly.) Ordered by Judge Colm F. Connolly on 8/11/2021. (nmf)
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| Filing 40 Letter to The Honorable Chief Judge Connolly from Robert J. Kriner, Jr. regarding Request for Rescheduled Final Approval Hearing. (Attachments: #1 Exhibit Ex. A)(Kriner, Robert) |
| The Telephonic Final Approval Hearing on 8/19/2020 at 02:30 PM before Judge Colm F. Connolly is CANCELLED. (fms) |
| Case Stayed per D.I. #39 . (nmf) |
| Filing 39 NOTICE of Bankruptcy and Automatic Stay by Stein Mart, Inc. (Attachments: #1 Exhibit Exhibit A - Voluntary Petition)(McAndrew, Edward) |
| Filing 38 Letter to The Honorable Cohn F. Connolly from R. Stokes Nolte, Esquire regarding Response to Oral Order Issued July 16, 2020. (Nolte, R.) |
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ORAL ORDER, The Final Approval Hearing will be held by telephone on 8/19/2020 at 02:30 PM before Judge Colm F. Connolly. Counsel shall arrange the teleconference and file the dial-in information on the court docket. Ordered by Judge Colm F. Connolly on 7/16/2020. (nmf)
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| Filing 37 NOTICE of Withdrawal of Counsel by Social Annex, Inc. re #9 Notice of Appearance (O'Dell, Julie) |
| Filing 36 PROPOSED ORDER Entering Judgment re #31 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Filing 35 PROPOSED ORDER Granting Final Approval of the Class Action Settlement, and Plaintiff's Unopposed Motion for Attorneys' Fees, Expenses and Incentive Awards re #31 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement, #33 MOTION for Attorney Fees Plaintiffs' Unopposed Motion for Attorneys' Fees, Expenses and Incentive Awards by Ande Kyles, Diane Taylor. (Attachments: #1 Exhibit A)(Cramer, Tiffany) |
| Filing 34 OPENING BRIEF in Support re #33 MOTION for Attorney Fees Plaintiffs' Unopposed Motion for Attorneys' Fees, Expenses and Incentive Awards filed by Ande Kyles, Diane Taylor.Answering Brief/Response due date per Local Rules is 7/9/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cramer, Tiffany) |
| Filing 33 MOTION for Attorney Fees Plaintiffs' Unopposed Motion for Attorneys' Fees, Expenses and Incentive Awards - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Filing 32 OPENING BRIEF in Support re #31 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement filed by Ande Kyles, Diane Taylor.Answering Brief/Response due date per Local Rules is 7/9/2020. (Attachments: #1 Exhibit 1: Declaration of Scott Fenwick of Heffler Claims Group in Support of Final Approval of the Class Action Settlement)(Cramer, Tiffany) |
| Filing 31 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
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Filing 30
ORDER granting #29 Joint MOTION of all Parties to Reset the Date for the Final Approval Hearing re #28 Order, Set Hearings. ORDER, Setting Hearings: The Final Approval Hearing is rescheduled for 8/19/2020 at 02:30 PM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 4/9/2020. (nmf)
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| Filing 29 Joint MOTION of all Parties to Reset the Date for the Final Approval Hearing re #28 Order,, Set Hearings, - filed by Social Annex, Inc.. (Attachments: #1 Proposed Order)(Nolte, R.) |
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Filing 28
ORDER granting #26 MOTION Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement. ORDER, Setting Hearings: A Final Approval Hearing is set for 7/16/2020 at 10:00 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 3/25/2020. (nmf)
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| Filing 27 OPENING BRIEF in Support re #26 MOTION Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement filed by Ande Kyles, Diane Taylor.Answering Brief/Response due date per Local Rules is 4/2/2020. (Cramer, Tiffany) |
| Filing 26 MOTION Plaintiffs' Unopposed Motion for Preliminary Approval of the Class Action Settlement - filed by Ande Kyles, Diane Taylor. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cramer, Tiffany) |
| Filing 25 NOTICE of of Withdrawal of Vera G. Belger as Counsel for Plaintiffs by Ande Kyles, Diane Taylor (Belger, Vera) |
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Filing 24
ORDER denying without prejudice to renew #14 Motion to Dismiss; denying without prejudice to renew #16 Motion to Dismiss. Signed by Judge Colm F. Connolly on 1/29/2020. (nmf)
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ORAL ORDER: The Motions to Dismiss are no longer referred to Magistrate Judge Christopher J. Burke RE: #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim filed by Stein Mart, Inc., #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim filed by Social Annex, Inc. Ordered by Judge Colm F. Connolly on 1/29/2020. (nmf)
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| Motions No Longer Referred: #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim, #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim (nmf) |
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Filing 23
ORDER REFERRING MOTIONS: #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim filed by Stein Mart, Inc., #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim filed by Social Annex, Inc. Signed by Judge Colm F. Connolly on 10/7/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf)
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| Filing 22 REPLY BRIEF re #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim / Defendant Stein Mart, Inc.'s Reply In Support of Its Motion to Dismiss Class Action Complaint filed by Stein Mart, Inc.. (McAndrew, Edward) |
| Filing 21 REPLY BRIEF re #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim filed by Social Annex, Inc.. (Nolte, R.) |
| Filing 20 ANSWERING BRIEF in Opposition re #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim, #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim filed by Ande Kyles, Diane Taylor.Reply Brief due date per Local Rules is 6/14/2019. (Cramer, Tiffany) |
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Filing 19
SO ORDERED, re #18 Stipulation and Order Permitting Plaintiffs to File a Single Omnibus Answering Brief in Response to Defendants' Motions to Dismiss filed by Diane Taylor, Ande Kyles. Signed by Judge Colm F. Connolly on 6/6/2019. (fms)
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| Filing 18 STIPULATION And [Proposed] Order Permitting Plaintiffs to File a Single Omnibus Answering Brief in Response to Defendants' Motions to Dismiss re #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim, #17 Opening Brief in Support, #15 Opening Brief in Support, SO ORDERED,, Set/Reset Answer Deadline(s), #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Pro Hac Vice Attorney Mark B. DeSanto for Ande Kyles, for Diane Taylor added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Filing 17 OPENING BRIEF in Support re #16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim filed by Stein Mart, Inc..Answering Brief/Response due date per Local Rules is 5/24/2019. (McAndrew, Edward) |
| Filing 16 MOTION to Dismiss Based upon for lack of personal jurisdiction and failure to state a claim - filed by Stein Mart, Inc.. (Attachments: #1 Text of Proposed Order)(McAndrew, Edward) |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim filed by Social Annex, Inc..Answering Brief/Response due date per Local Rules is 5/24/2019. (Nolte, R.) |
| Filing 14 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(1) for Lack of Standing and Fed. R. Civ. P. 12(b)(6) for Failure to State a Claim - filed by Social Annex, Inc.. (Attachments: #1 Proposed Order)(Nolte, R.) |
| Pro Hac Vice Attorneys Matthew D. Pearson and Casie D. Collignon for Stein Mart, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) |
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Matthew D. Pearson filed by Stein Mart, Inc., #12 MOTION for Pro Hac Vice Appearance of Attorney Casie D. Collignon filed by Stein Mart, Inc. Signed by Judge Colm F. Connolly on 4/10/2019. (fms)
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| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Matthew D. Pearson - filed by Stein Mart, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Matthew D. Pearson, #3 Certificate of Service)(McAndrew, Edward) |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Casie D. Collignon - filed by Stein Mart, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Casie D. Collignon, #3 Certificate of Service)(McAndrew, Edward) |
| Pro Hac Vice Attorney Jon P. Kardassakis for Social Annex, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
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SO ORDERED, re #11 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Complaint; Plaintiffs to file response to Motion to Dismiss, if any; and Defendants to file Reply Brief in support of Motion to Dismiss, if any, to May 10, 2019, June 10 filed by Diane Taylor, Ande Kyles. Set/Reset Answer Deadlines: Social Annex, Inc. answer due 5/10/2019; Stein Mart, Inc. answer due 5/10/2019. Signed by Judge Colm F. Connolly on 4/5/2019. (fms)
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| Filing 11 STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Complaint; Plaintiffs to file response to Motion to Dismiss, if any; and Defendants to file Reply Brief in support of Motion to Dismiss, if any, to May 10, 2019, June 10, 2019, and July 1, 2019 - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Jon P. Kardassakis filed by Social Annex, Inc. Signed by Judge Colm F. Connolly on 4/4/2019. (fms)
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| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Jon P. Kardassakis - filed by Social Annex, Inc.. (Nolte, R.) |
| Filing 9 NOTICE of Appearance by Julie M. O'Dell on behalf of Social Annex, Inc. (O'Dell, Julie) |
| Filing 8 NOTICE of Appearance by R. Stokes Nolte on behalf of Social Annex, Inc. (Nolte, R.) |
| Pro Hac Vice Attorneys Benjamin F. Johns and Cornelius P. Dukelow for Ande Kyles and Diane Taylor added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) |
| Filing 7 Alias SUMMONS Returned Executed by Ande Kyles, Diane Taylor. Social Annex, Inc. served on 3/20/2019, answer due 4/10/2019. (Cramer, Tiffany) |
| Summons Reissued with Magistrate Consent Notice attached as to Social Annex, Inc., Stein Mart, Inc.. (ddp) |
| Filing 6 SUMMONS Returned Executed by Ande Kyles, Diane Taylor. Social Annex, Inc. served on 3/13/2019, answer due 4/3/2019. (Cramer, Tiffany) |
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Cornelius P. Dukelow filed by Diane Taylor, Ande Kyles, #4 MOTION for Pro Hac Vice Appearance of Attorney Mark B. DeSanto filed by Diane Taylor, Ande Kyles, #3 MOTION for Pro Hac Vice Appearance of Attorney Benjamin F. Johns filed by Diane Taylor, Ande Kyles. Signed by Judge Colm F. Connolly on 3/14/2019. (nmf)
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| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Cornelius P. Dukelow - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Mark B. DeSanto - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Benjamin F. Johns - filed by Ande Kyles, Diane Taylor. (Cramer, Tiffany) |
| Summons Issued with Magistrate Consent Notice attached as to Social Annex, Inc. on 3/11/2019; Stein Mart, Inc. on 3/11/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) |
| Filing 1 COMPLAINT filed with Jury Demand against Social Annex, Inc., Stein Mart, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2589861.) - filed by Ande Kyle, Diane Taylor. (Attachments: #1 Civil Cover Sheet)(sar) |
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