Liberto v. The Gap, Inc.
| PAMELA LIBERTO |
| The Gap, Inc. |
| 3:2021cv00436 |
| April 22, 2021 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Marcia Morales Howard |
| Joel B Toomey |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE of supplemental authority re #35 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by The Gap, Inc.. (Attachments: #1 Exhibit Exhibit A to Notice)(Trehan, Ashley) |
| Filing 40 NOTICE of supplemental authority re #33 Response in Opposition to Motion to Stay by Pamela Liberto. (Attachments: #1 Exhibit A - Swiggum v. Beall's)(Hiraldo, Manuel) |
| Filing 39 NOTICE of supplemental authority re #30 MOTION to Stay Discovery and Incorporated Memorandum of Law by The Gap, Inc.. (Attachments: #1 Exhibit A)(Maglich, Jordan) |
| Filing 38 NOTICE of supplemental authority re #30 MOTION to Stay Discovery and Incorporated Memorandum of Law by The Gap, Inc.. (Attachments: #1 Exhibit A)(Maglich, Jordan) |
| Filing 37 REQUEST for oral argument re #35 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by The Gap, Inc.. (Trehan, Ashley) |
| Filing 36 Unopposed MOTION for Miscellaneous Relief, specifically REQUESTING INCORPORATION BY REFERENCE AND JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW by The Gap, Inc.. (Attachments: #1 Exhibit A - Banana Republic First Amended Complaint, #2 Exhibit B - article, #3 Exhibit C - article, #4 Exhibit D - Experian Motion to Dismiss, #5 Exhibit E - Privacy Policy 1/1/20-6/30/20, #6 Exhibit F - Privacy Policy 7/1/20-9/21/20, #7 Exhibit G - Privacy Policy 9/22/20-Present)(Trehan, Ashley) |
| Filing 35 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by The Gap, Inc.. (Trehan, Ashley) |
| Filing 34 CERTIFICATE of interested persons and corporate disclosure statement by The Gap, Inc.. (Trehan, Ashley) |
| Filing 33 RESPONSE in Opposition re #30 MOTION to Stay Discovery and Incorporated Memorandum of Law filed by Pamela Liberto. (Hiraldo, Manuel) |
| Filing 32 CASE REFERRED to Mediation. (AEP) |
Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection due by 7/30/2021; Motion for class certification due by 4/1/2022; Conduct mediation hearing by 5/20/2022; Discovery due by 7/1/2022; Dispositive motions due by 8/5/2022; Pretrial statement due by 1/18/2023; Final Pretrial Conference set for 1/25/2023 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 2/6/2023 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/24/2021. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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| Filing 30 MOTION to Stay Discovery and Incorporated Memorandum of Law by The Gap, Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Discovery Requests, #2 Exhibit 2 - Beall's Order Granting Motion to Stay, #3 Exhibit 3 - Spirit Airlines Transcript re Motion to Stay, #4 Exhibit 4 - Luxottica (Ray-Ban) Motion to Stay and Order Granting Same, #5 Exhibit 5 - Fandango Paperless Order Granting Motion to Stay, #6 Exhibit 6 - McBride Declaration, #7 Exhibit 7 - Western Union Plaintiff's Opposition, #8 Exhibit 8 - Revitch 2d Am. Compl., #9 Exhibit 9 - (Composite) Stipulations, #10 Exhibit 10 - Revitch Stipulation)(Trehan, Ashley) |
| Filing 29 NOTICE by Banana Republic, LLC Notice of Filing Unopposed Motion to Consolidate (3:21-cv-268, -270, -436) (Attachments: #1 Exhibit A - copy of motion to consolidate)(Trehan, Ashley) |
| Filing 28 Case Reassigned to Judge Brian J. Davis. New case number: 3:21-cv-436-BJD-JBT. Judge Marcia Morales Howard no longer assigned to the case. (SJW) |
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Filing 27
ORDER granting #21 Defendant's Unopposed Motion to Transfer and Motion to Stay Proceedings only to the extent that the Clerk of the Court is directed to reassign this case to the Honorable Brian J. Davis. Signed by Judge Marcia Morales Howard on 5/10/2021. (JW)
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Filing 26
ENDORSED ORDER granting #25 Defendant's Unopposed Motion for Extension of Time to Respond to First Amended Class Action Complaint. Defendant shall have up to and including June 4, 2021 to respond to #22 the First Amended Class Action Complaint. Signed by Magistrate Judge Joel B. Toomey on 5/10/2021. (RLS)
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| Filing 25 Unopposed MOTION for Extension of Time to File Answer re #22 Amended Complaint by The Gap, Inc.. (Maglich, Jordan) |
| Filing 24 CASE MANAGEMENT REPORT. (Shamis, Andrew) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Pamela Liberto. (Shamis, Andrew) |
| Filing 22 AMENDED COMPLAINT against The Gap, Inc. with Jury Demand. filed by Pamela Liberto.(Hiraldo, Manuel) |
| Filing 21 Unopposed MOTION to Transfer and Motion to Stay Proceedings Pending Ruling with Incorporated Memorandum of Law by The Gap, Inc. (Attachments: #1 Exhibit A - Banana Republic Class Action Complaint, #2 Exhibit B - Old Navy Class Action Complaint)(Trehan, Ashley) (Modified on 4/30/2021, to edit text) (BGR). |
| Filing 19 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 20 COMPLAINT against The Gap, Inc. with Jury Demand filed by Pamela Liberto. (originally filed in State Court on 2/15/21)(RH) |
| Filing 18 TRANSFER IN from the Northern District of Florida (Pensacola). Case assigned to District Judge Howard and Magistrate Judge Toomey. New Case Number: 3:21-cv-436-J-MMH-JBT. (RH) |
| Filing 17 Case transferred in from District of Florida Northern; Case Number 3:21-cv-00510. File received electronically |
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Filing 16
ORDER re #15 Motion to Transfer Case. Accordingly, the Clerk is directed to STAY this case and all deadlines pending further order, TRANSFER the case to the Middle District of Florida, and close the file. Signed by JUDGE M CASEY RODGERS on 4/21/2021. (jcw) [Transferred from flnd on 4/22/2021.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #15 Consent MOTION to Transfer Case to MIDDLE DISTRICT OF FLORIDA. (jcw) [Transferred from flnd on 4/22/2021.] |
| Filing 15 Consent MOTION to Transfer Case to MIDDLE DISTRICT OF FLORIDA by THE GAP INC. (Internal deadline for referral to judge if response not filed earlier: 5/3/2021). (Attachments: #1 Exhibit A - Declaration of Jeffrey Held, #2 Exhibit B - Declarations of Lisa Mertens filed in Banana Republic and Old Navy cases) (TREHAN, ASHLEY) [Transferred from flnd on 4/22/2021.] |
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Filing 14
ORDER granting #11 Motion to Appear Pro Hac Vice. Attorney Michael G. Rhodes, of the law firm of Cooley LLP, is admitted pro hac vice to represent the Defendant, The Gap, Inc., pursuant to Local Rule 11.1(C). Signed by JUDGE M CASEY RODGERS on 4/16/2021. (jcw) [Transferred from flnd on 4/22/2021.]
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| Set/Reset Deadlines as to (Internal deadline for referral to judge if response not filed earlier: 4/29/2021). (jcw) [Transferred from flnd on 4/22/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #13 DEFENDANTS UNOPPOSED MOTION REQUESTING JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW. (jcw) [Transferred from flnd on 4/22/2021.] |
| Filing 13 DEFENDANT'S UNOPPOSED MOTION REQUESTING JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW by THE GAP INC. (Attachments: #1 Exhibit A - Privacy Policy Eff. 1/1/20-6/30/20, #2 Exhibit B - Privacy Policy Eff. 7/1/20-9/21/20, #3 Exhibit C - Privacy Policy Eff. 9/22/20-Present) (TREHAN, ASHLEY) Modified on 4/16/2021 to amend title (jcw). [Transferred from flnd on 4/22/2021.] |
| Filing 12 MOTION TO DISMISS AND INCORPORATED MEMORANDUM OF LAW by THE GAP INC. (TREHAN, ASHLEY) Modified on 4/16/2021 to amend title (jcw). [Transferred from flnd on 4/22/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #11 MOTION to Appear Pro Hac Vice by Michael G. Rhodes.( Filing fee $ 208 receipt number AFLNDC-6038813.) (jcw) [Transferred from flnd on 4/22/2021.] |
| Filing 11 MOTION to Appear Pro Hac Vice by Michael G. Rhodes.( Filing fee $ 208 receipt number AFLNDC-6038813.) by THE GAP INC. (Attachments: #1 Exhibit 1) (RHODES, MICHAEL) [Transferred from flnd on 4/22/2021.] |
| Filing 10 AMENDED NOTICE OF RELATED ACTIONS by THE GAP INC. Amendment to #3 Notice (Other) of Related Actions. (Attachments: #1 Exhibit Exhibit A - Amended List of Related Actions) (MAGLICH, JORDAN) Modified on 4/14/2021 to amend title (jcw).[Transferred from flnd on 4/22/2021.] |
| Filing 9 NOTICE of Appearance by CHRISTOPHER CHAGAS GOLD on behalf of PAMELA LIBERTO (GOLD, CHRISTOPHER) [Transferred from flnd on 4/22/2021.] |
| Filing 8 Corporate Disclosure Statement/Certificate of Interested Persons by THE GAP INC. (MAGLICH, JORDAN) [Transferred from flnd on 4/22/2021.] |
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Filing 7
REFERRAL AND ORDER granting #4 Motion for Extension of Time. (Answer due by 4/15/2021). Signed by JUDGE M CASEY RODGERS on 3/24/2021. (jcw) [Transferred from flnd on 4/22/2021.]
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Filing 6
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/7/2021. Rule 26 Meeting Report due by 5/7/2021. Discovery due by 9/24/2021. Signed by JUDGE M CASEY RODGERS on 3/24/2021. (jcw) [Transferred from flnd on 4/22/2021.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #4 DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO CLASS ACTION COMPLAINT AND INCORPORATED MEMORANDUM OF LAW, #1 Notice of Removal (See proposed ISO). (jcw) [Transferred from flnd on 4/22/2021.] |
| Filing 5 NOTICE of Appearance by JORDAN DAVID MAGLICH on behalf of The Gap, Inc. (MAGLICH, JORDAN) [Transferred from flnd on 4/22/2021.] |
| Filing 4 Consent MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO CLASS ACTION COMPLAINT AND INCORPORATED MEMORANDUM OF LAW by The Gap, Inc.. (TREHAN, ASHLEY) [Transferred from flnd on 4/22/2021.] |
| Filing 3 NOTICE OF RELATED ACTIONS by The Gap, Inc. (Attachments: #1 Exhibit A - List of Related Actions) (TREHAN, ASHLEY) [Transferred from flnd on 4/22/2021.] |
| Filing 2 CIVIL COVER SHEET. (Attachments: #1 Exhibit Attachment to Civil Cover Sheet) (TREHAN, ASHLEY) [Transferred from flnd on 4/22/2021.] |
| Filing 1 NOTICE OF REMOVAL by The Gap, Inc. from First Judicial Circuit, Escambia County, Florida, case number 2021 CA 000349. ( Filing fee $ 402 receipt number AFLNDC-6000882.), filed by The Gap, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Return of Service, #3 Exhibit C - Remaining State Court File, #4 Exhibit D - Declaration of Jeffrey Held) (TREHAN, ASHLEY) [Transferred from flnd on 4/22/2021.] |
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