Brown v. Mercantile Processing, Inc. et al
| Jeremy Brown |
| Mercantile Processing, Inc., Kyle Morgan and Kathryn McMillan |
| 1:2023cv00921 |
| August 23, 2023 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 27 NOTICE OF SERVICE of Defendants' Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan.(Russell, Lauren) |
| Filing 26 NOTICE OF SERVICE of Initial Disclosures Pursuant to Federal Civil Rule of Procedure 26(a) filed by Jeremy Brown.(DiBianca, Margaret) Modified on 9/27/2023 (dlw). |
| CORRECTING ENTRY: D.I. 26 has been deleted from the docket due to improper filing. The Court refers counsel to Rule 5.4(b) of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware. (dlw) |
| Filing 25 ACKNOWLEDGMENT OF RECEIPT of D.I. #20 Letter and certified copy of docket sheet - filed by Court of Chancery of the State of Delaware. (twk) |
Filing 24
ORDER Setting Mediation Teleconference: A Telephone Conference is scheduled for October 16, 2023 at 10:00 AM Eastern Time before Judge Jennifer L. Hall to discuss ADR. Plaintiffs' counsel shall initiate the call to chambers. (*See Order for details). Signed by Judge Jennifer L. Hall on 9/21/2023. (ceg)
|
|
Filing 23
SCHEDULING ORDER - Case referred to Magistrate Judge Jennifer L. Hall for the purpose of exploring ADR. Joinder of Parties due by 1/31/2024. Amended Pleadings due by 1/31/2024. Fact Discovery completed by 5/31/2023. Opening Expert Reports due by 2/19/2024. Rebuttal Expert Reports due by 3/29/2024. Reply Expert Reports due by 4/30/2024. Expert Discovery due by 5/31/2024. A Pretrial Conference is set for 10/15/2024 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 2-day Bench Trial is set for 10/21/2024 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 9/19/2023. (dlw)
|
| Filing 22 PROPOSED ORDER // Scheduling Order by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Russell, Lauren) Modified on 9/18/2023 (dlw). |
| Filing 21 ANSWER and Affirmative Defenses to Amended Complaint re: #12 Amended Complaint by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Russell, Lauren) Modified on 9/13/2023 (dlw). |
| Filing 20 Letter to Court of Chancery from Clerk regarding remand of state law claims (certified copy of docket sheet enclosed). (mdb) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 9/11/2023 re #5 Emergency MOTION to Remand to the Delaware Court of Chancery. The Motion is GRANTED; the Court severs and remands the state claims while retaining jurisdiction on the federal claim. Additionally, the parties shall confer and file a proposed schedule, and include a request to be referred to a Magistrate Judge for exploring mediation if it is a joint request, by 9/25/2023. The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins.) (mdb) |
|
Filing 19
ORAL ORDER Setting Hearing on #5 Emergency MOTION to Remand to the Delaware Court of Chancery - IT IS HEREBY ORDERED that a Motion Hearing is set for 9/11/2023 at 10:30 AM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 9/7/2023. (dlw)
|
| Pro Hac Vice Attorney Elana C. Taub and Larry R. Seegull for Kathryn McMillan, Mercantile Processing, Inc., and Kyle Morgan 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. (mkr) |
| Filing 18 Letter to The Honorable Maryellen Noreika from Margaret M. DiBianca, Esq., counsel for Plaintiff regarding Request for Hearing on Emergency Motion to Remand - re #6 MEMORANDUM in Support,. (DiBianca, Margaret) |
| Filing 17 SUR-REPLY BRIEF re #5 Emergency MOTION to Remand to the Delaware Court of Chancery filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Russell, Lauren) |
| Filing 16 NOTICE of Change of Law Firm by Counsel of Record by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan (Russell, Lauren) |
| Filing 15 RESPONSE to Motion re #14 Unopposed MOTION for Leave to File a Surreply to Plaintiff's Motion to Remand filed by Jeremy Brown. (DiBianca, Margaret) Modified on 8/30/2023 (dlw). |
| Filing 14 Unopposed MOTION for Leave to File a Surreply to Plaintiff's Motion to Remand - filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Russell, Lauren) Modified on 8/30/2023 (dlw). |
|
SO ORDERED re #14 Unopposed MOTION for Leave to File a Surreply to Plaintiff's Motion to Remand - IT IS HEREBY ORDERED that the unopposed motion is GRANTED. Plaintiff shall file his sur-reply no later than 9/1/2023. ORDERED by Judge Maryellen Noreika on 8/30/2023. (dlw)
|
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
|
SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Elana C. Taub, #10 MOTION for Pro Hac Vice Appearance of Attorney Larry R. Seegull filed by Kathryn McMillan, Kyle Morgan, Mercantile Processing, Inc. ORDERED by Judge Maryellen Noreika on 8/30/2023. (dlw)
|
| Filing 13 MEMORANDUM in Support re #5 Emergency MOTION to Remand to the Delaware Court of Chancery, #6 MEMORANDUM in Support filed by Jeremy Brown. Answering Brief/Response due date per Local Rules is 9/12/2023. (DiBianca, Margaret) Modified on 8/30/2023 (dlw). |
| Filing 12 AMENDED COMPLAINT against All Defendants - filed by Jeremy Brown. (Attachments: #1 Exhibit A - Redline, #2 Exhibits 1-5, #3 Exhibits 6-10, #4 Exhibits 11-15)(DiBianca, Margaret) |
| Filing 11 MEMORANDUM in Opposition re #5 Emergency MOTION to Remand to the Delaware Court of Chancery filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. Reply Brief due date per Local Rules is 9/5/2023. (Russell, Lauren) Modified on 8/30/2023 (dlw). |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Larry R. Seegull - filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Attachments: #1 Certification of Larry E. Seegull, Esquire)(Russell, Lauren) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Elana C. Taub - filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (Attachments: #1 Certification of Elana C. Taub, Esquire)(Russell, Lauren) |
| CORRECTING ENTRY: Per Counsel's request, D.I. #6 Main Document has been replaced to remove date of superior court filing in second paragraph. (mpb) |
|
Filing 8
ORAL ORDER: Having reviewed Plaintiff's Emergency Motion to Remand to the Delaware Court of Chancery (D.I. 5, "the Motion"), IT IS HEREBY ORDERED that Defendants shall file a response to the Motion by no later than Monday, August 28, 2023 to which Plaintiff may respond by no later than Wednesday, August 30, 2023. All briefing shall be in compliance with the Local Rules. ORDERED by Judge Gregory B. Williams on 8/25/2023. (ntl)
|
| Filing 7 Letter to Chief Judge Colm F. Connolly from Margaret M. DiBianca, Esq., counsel for Plaintiff regarding Requesting duty judge to hear emergency Motion to Remand - re #5 Emergency MOTION to Remand to the Delaware Court of Chancery, #6 MEMORANDUM in Support. (DiBianca, Margaret) Modified on 8/30/2023 (dlw). |
| Filing 6 MEMORANDUM in Support re #5 Emergency MOTION to Remand to the Delaware Court of Chancery filed by Jeremy Brown. Answering Brief/Response due date per Local Rules is 9/7/2023. (Attachments: #1 Exhibit)(DiBianca, Margaret) (Main Document 6 replaced on 8/28/2023) (mpb). Modified on 8/30/2023 (dlw). |
| Filing 5 Emergency MOTION to Remand to the Delaware Court of Chancery - filed by Jeremy Brown. (Attachments: #1 Rule 7.1.1 Certification, #2 Text of Proposed Order)(DiBianca, Margaret) Modified on 8/30/2023 (dlw). |
| Remark: Exit copies to Duty Judge (GBW). (nmg) |
| Filing 4 Letter to Chief Judge Colm F. Connolly from Lauren E. M. Russell, Esquire regarding Hearing and Briefing Schedule. (Russell, Lauren) |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Kathryn McMillan, Mercantile Processing, Inc., Kyle Morgan. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Court of Chancery, Case Number 2023-0859-PAF (Filing fee $402, receipt number ADEDC-4207555) - filed by Mercantile Processing, Inc., Kathryn McMillan, Kyle Morgan. (Attachments: #1 Exhibits, #2 Certificate of Service, #3 Civil Cover Sheet)(jfm) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
