Morton, et al v. BCAP GDI 1, Inc.
| Sherry Morton and National Aerobics & Fitness Trainers Association |
| BCAP GDI 1, Inc. |
| BCAP GDI 1, Inc. |
| Sherry Morton |
| 1:2024cv01432 |
| December 31, 2024 |
| U.S. District Court for the District of Delaware |
| Jennifer L Hall |
| Eleanor G Tennyson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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Filing 23
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall meet and confer and submit a proposed scheduling order, which must include a proposal for the length and timing of trial. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Magistrate Judge Tennyson, Forms). If there are deviations from the form order or disputes that the Court needs to address, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter accompanying the proposed schedule. ORDERED by Judge Eleanor G. Tennyson on 2/24/2025. (lah)
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| Filing 22 Pro Hac Vice Fee - Credit Card Payment received for Eric S. Kronman and David S. Panzer. ( re #20 MOTION for Pro Hac Vice Appearance of Attorney Eric S. Kronman, #21 MOTION for Pro Hac Vice Appearance of Attorney David S. Panzer )( Payment of $ 100, receipt number ADEDC-4619241).(Griffith, Daniel) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney David S. Panzer - filed by BCAP GDI 1, Inc.. Motions referred to Eleanor G. Tennyson.(Griffith, Daniel) |
| Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Eric S. Kronman - filed by BCAP GDI 1, Inc.. Motions referred to Eleanor G. Tennyson.(Griffith, Daniel) |
| Filing 19 NOTICE of Service of Discovery Requests to Defendant by Sherry Morton (Liebesman, Sidney) |
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SO ORDERED, re #20 MOTION for Pro Hac Vice Appearance of Attorney Eric S. Kronman filed by BCAP GDI 1, Inc., #21 MOTION for Pro Hac Vice Appearance of Attorney David S. Panzer filed by BCAP GDI 1, Inc. ORDERED by Judge Eleanor G. Tennyson on 2/20/2025. (lah)
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| CORRECTING ENTRY: The Order Referring Case to Judge Tennyson (D.I. #18 ) has been modified to include that all subsequent filings in this action shall be captioned as follows: Civil Action No. 24-1432-JLH-EGT. The NEF has been regenerated. (ceg) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Eleanor G. Tennyson. The parties consent to a Magistrate Judge for all pretrial proceedings and motions. All subsequent filings in this action shall be captioned as follows: Civil Action No. 24-1432-JLH-EGT. (*AO 85A Form attached). Signed by Judge Jennifer L. Hall on 2/19/2025. (ceg) Modified on 2/20/2025 (ceg).
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| Filing 17 ANSWER to #12 Answer to Complaint, Counterclaim by Sherry Morton, National Aerobics & Fitness Trainers Association.(Liebesman, Sidney) |
| CORRECTING ENTRY: The redacted version found at D.I. #16 has been unsealed at the request of counsel. The document was inadvertently filed under seal at the initial time of filing. (ceg) |
| Filing 16 REDACTED VERSION of Exhibit 2, by BCAP GDI 1, Inc. (Attachments: #1 Certificate of Service)(Griffith, Daniel) Modified document security on 2/3/2025 (ceg). |
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Filing 15
ORAL ORDER: The Court requests that the parties consent to a Magistrate Judge to preside over the matter. On or before February 4, 2025, the parties shall either (1) submit to the Clerk of Court an executed Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; or (2) file a joint letter indicating that both parties do not so consent. The letter should not indicate which party or parties did not consent. Ordered by Judge Jennifer L. Hall on 1/28/2025. (ceg)
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Filing 14
ORDER granting #11 Motion to Seal Exhibit 2 to Answer and Counterclaim. Signed by Judge Jennifer L. Hall on 1/28/2025. (ceg)
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| CORRECTING ENTRY: D.I. 14 has been removed from the docket. Exhibits 1 and 3-19 filed at that entry have been added to the filing at D.I. #12 . (ceg) |
| Filing 13 [SEALED] EXHIBIT re #12 Answer to Complaint, Counterclaim by BCAP GDI 1, Inc.. (Griffith, Daniel) |
| Filing 12 ANSWER to #2 Complaint with Jury Demand , COUNTERCLAIM against Sherry Morton by BCAP GDI 1, Inc..(Griffith, Daniel) (Additional attachment(s) added on 1/27/2025: #1 Exhibits 1, 3-19) (ceg). |
| Filing 11 MOTION to Seal Exhibit 2 to Answer and Counterclaim - filed by BCAP GDI 1, Inc.. (Attachments: #1 Text of Proposed Order)(Griffith, Daniel) |
| Pro Hac Vice Attorney Brian M. Johnson for National Aerobics & Fitness Trainers Association 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. (oam) |
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SO ORDERED, re #9 Motion for Pro Hac Vice Appearance of Attorney Brian M. Johnson filed by National Aerobics & Fitness Trainers Association, Sherry Morton. Ordered by Judge Jennifer L. Hall on 1/8/2025. (ceg)
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| DEFICIENCY NOTICE by the Court issued to re #9 Motion for Leave to Appear Pro Hac Vice. Per the December 21, 2023 Standing Order, the fee of $50.00 shall be paid upon the filing of a motion. For Pro Hac Vice payments via CM/ECF, local counsel can pay by credit card using the appropriate event code from the Pro Hac Vice Fee Menu in the case the motion is being filed in. (ceg) |
| Set Answer Deadlines: BCAP GDI 1, Inc. answer due 1/24/2025 per D.I. #8 . (ceg) |
| Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb) |
| Remark: The Pro Hac fee was paid for Brian M. Johnson (D.I. #9 ) receipt number: #ADEDC-4583490. This information has been confirmed by the Court's Finance Department. (twk) |
| Filing 10 REDACTED VERSION of #4 Exhibit to a Document by Sherry Morton, National Aerobics & Fitness Trainers Association. (Liebesman, Sidney) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Brian M. Johnson - filed by Sherry Morton, National Aerobics & Fitness Trainers Association. (Liebesman, Sidney) |
| Filing 8 AFFIDAVIT of Service for Summons to Defendant BCAP GDI 1, Inc. served on Nadia Bellamy of Corporation Trust Company (registered agent) on 1/3/2025, filed by Sherry Morton, National Aerobics & Fitness Trainers Association. (Liebesman, Sidney) |
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Filing 7
ORDER: The Motion to File Exhibit 1 of the Complaint Under Seal (D.I. #1 ) is GRANTED. Signed by Judge Colm F. Connolly on 1/2/25. (scs)
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| Filing 6 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sherry Morton, National Aerobics & Fitness Trainers Association. (Liebesman, Sidney) |
| Filing 5 Summons Issued as to BCAP GDI 1, Inc. on 1/2/2025. (scs) |
| Remark: Case submitted for routine judicial assignment. (scs) |
| CORRECTING ENTRY: The pdf for the summons issued at D.I. #5 has been replaced with an amended version. The date the summons was signed has been corrected. The NEF for the filing has been regenerated. (nms) |
| Filing 4 [SEALED] EXHIBIT 1 to #2 Complaint, by Sherry Morton, National Aerobics & Fitness Trainers Association. (scs) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 2 COMPLAINT against BCAP GDI 1, Inc. (Filing fee $ 405, receipt number ADEDC-4580391) - filed by Sherry Morton, National Aerobics & Fitness Trainers Association. (Attachments: #1 Exhibit 2, #2 Civil Cover Sheet)(scs) |
| Filing 1 MOTION to File Exhibit 1 to the Complaint Under Seal - filed by Sherry Morton, National Aerobics & Fitness Trainers Association. (Attachments: #1 Proposed Order)(scs) Modified on 1/2/2025 (nms). |
| No Summons Issued. (scs) |
| DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (scs) |
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