Millennium Health & Fitness Incorporated v. Morton
| Millennium Health & Fitness Incorporated |
| Sherry K Morton |
| 1:2026cv00135 |
| February 5, 2026 |
| U.S. District Court for the District of Delaware |
| Jennifer L Hall |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 MEMORANDUM in Opposition re #23 MOTION to Stay filed by Sherry K Morton.Reply Brief due date per Local Rules is 4/15/2026. (Liebesman, Sidney) |
| Filing 26 REQUEST for Oral Argument by Sherry K Morton re #19 MOTION to Dismiss for Failure to State a Claim . (Liebesman, Sidney) |
| Filing 25 REPLY BRIEF re #19 MOTION to Dismiss for Failure to State a Claim filed by Sherry K Morton. (Liebesman, Sidney) |
| Filing 24 STATEMENT re #23 MOTION to Stay by Millennium Health & Fitness Incorporated. (Griffith, Daniel) |
| Filing 23 MOTION to Stay - filed by Millennium Health & Fitness Incorporated. (Attachments: #1 Text of Proposed Order)(Griffith, Daniel) |
| Filing 22 ANSWERING BRIEF in Opposition re #19 MOTION to Dismiss for Failure to State a Claim filed by Millennium Health & Fitness Incorporated.Reply Brief due date per Local Rules is 4/2/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Griffith, Daniel) (Attachment 1 replaced on 3/26/2026) (ceg). (Attachment 2 replaced on 3/26/2026) (ceg). (Attachment 3 replaced on 3/26/2026) (ceg). |
| CORRECTING ENTRY: The pdf for each of the exhibits attached to the brief at D.I. #22 have been replaced with a corrected version to include a cover page per the filer's request. (ceg) |
| LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI#23 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (ceg) |
| Filing 21 Joint STATEMENT Concerning Removed Case Pursuant to D. Del. LR 81.2, by Millennium Health & Fitness Incorporated. (Griffith, Daniel) Modified on 3/17/2026 (ceg). |
| Filing 20 OPENING BRIEF in Support re #19 MOTION to Dismiss for Failure to State a Claim filed by Sherry K Morton.Answering Brief/Response due date per Local Rules is 3/26/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Liebesman, Sidney) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim - filed by Sherry K Morton. (Attachments: #1 Text of Proposed Order Proposed Order)(Liebesman, Sidney) |
| Filing 18 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Millennium Health & Fitness Incorporated. (Griffith, Daniel) |
Filing 17
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall file a joint status report on or before March 17, 2026 to comply with Delaware Local Rule 81.2. Ordered by Judge Jennifer L. Hall on 3/10/2026. (ceg)
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| Filing 16 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sherry K Morton. (Liebesman, Sidney) Modified on 3/5/2026 (ceg). |
| DEFICIENCY NOTICE issued by the Court to Plaintiff/Defendant: 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. (ceg) |
| Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (nms) |
| Filing 15 NOTICE of Appearance by Carmella Cinaglia on behalf of Sherry K Morton (Cinaglia, Carmella) |
| Filing 14 Letter to The Honorable Maryellen Noreika from Daniel A. Griffith, Esquire regarding Related Cases. (Griffith, Daniel) |
| Filing 13 NOTICE of Appearance by Daniel A. Griffith on behalf of Millennium Health & Fitness Incorporated (Griffith, Daniel) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 12 NOTICE of Appearance by Sidney S. Liebesman on behalf of Sherry K Morton (Liebesman, Sidney) |
| Filing 11 Local Counsel Letter sent. Notice of Compliance deadline set for 3/9/2026. (mrr) |
| Filing 10 Record of case transferred in from District of Arizona; Case Number in Other District: 2:26-cv-00181. Copy of Docket Sheet and original file |
|
Filing 9
ORDER granting #8 Stipulation. The Clerk of Court shall transfer this case to the United States District Court for the District of Delaware for all further proceedings. FURTHER ORDERED the Motion to Transfer Venue (Doc. #4 ) is DENIED AS MOOT. Signed by Judge Krissa M Lanham on 2/4/26. (MAP) [Transferred from Arizona on 2/5/2026.]
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| Filing 8 STIPULATION Stipulation to Transfer Venue by Millennium Health & Fitness Incorporated. (Attachments: #1 Proposed Order Order Granting Stipulation to Transfer Venue)(Talcott, Jonathon) [Transferred from Arizona on 2/5/2026.] |
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Filing 7
ORDER granting #6 Stipulation to Extend Time for Plaintiff to Respond to Defendant's #4 Motion to Transfer Venue. IT IS ORDERED that Plaintiff shall respond to Defendant's Motion to Transfer Venue no later than February 9, 2026. Ordered by Judge Krissa M Lanham on 1/22/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) [Transferred from Arizona on 2/5/2026.]
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| Filing 6 STIPULATION to Extend Time to Respond to Motion to Transfer Venue re: #4 MOTION to Change Venue/Transfer Case to District of Delaware by Millennium Health & Fitness Incorporated. (Attachments: #1 Proposed Order)(Best, Stephen) [Transferred from Arizona on 2/5/2026.] |
| Filing 5 NOTICE of Errata re: #4 MOTION to Change Venue/Transfer Case to District of Delaware by Defendant Sherry K Morton.. (Attachments: #1 Attachment Declaration of Sherry Morton)(Peabody, Daniel) [Transferred from Arizona on 2/5/2026.] |
| Filing 4 MOTION to Change Venue/Transfer Case to District of Delaware by Sherry K Morton. (Attachments: #1 Attachment Declaration of Sherry Morton, #2 Proposed Order)(Peabody, Daniel) [Transferred from Arizona on 2/5/2026.] |
| Filing 3 NOTICE TO PARTY RE: DISCLOSURE STATEMENT - CORPORATE and DIVERSITY ACTION: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Disclosure Statement form must be filed by all parties with their first appearance in Diversity Actions. Additionally, all nongovernmental corporate parties must fill out a corporate disclosure statement with their first appearance in all cases. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Disclosure Statement should be filed within 14 days. Disclosure Statement Deadline set as to Millennium Health & Fitness Incorporated, Sherry K Morton. (REK) [Transferred from Arizona on 2/5/2026.] |
| Filing 2 Filing fee paid, receipt number AAZDC-25113475. This case has been assigned to the Honorable Krissa M Lanham. All future pleadings or documents should bear the correct case number: CV-26-00181-PHX-KML. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) [Transferred from Arizona on 2/5/2026.] |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2025-038603. Filing fee received: $405.00, receipt number AAZDC-25113475 filed by Sherry K Morton. (submitted by Daniel Peabody) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet)(REK) [Transferred from Arizona on 2/5/2026.] |
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| Plaintiff: Millennium Health & Fitness Incorporated | |
| Represented By: | Daniel A. Griffith |
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| Defendant: Sherry K Morton | |
| Represented By: | Carmella Cinaglia |
| Represented By: | Sidney S. Liebesman |
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