Barnett v. Athleta LLC
| Jillian Barnett |
| Athleta LLC |
| 3:2021cv00587 |
| June 8, 2021 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Marcia Morales Howard |
| Monte C Richardson |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER Dismissing Case Without Prejudice. Signed by Judge Brian J. Davis on 9/16/2021. (AMP)
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| Filing 43 NOTICE of voluntary dismissal by Jillian Barnett (Hiraldo, Manuel) |
| Case Stayed. (KEM) |
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Filing 42
ENDORSED ORDER: #41 Defendant's Motion to Stay Discovery is GRANTED. This case is STAYED pending further order. Signed by Judge Brian J. Davis on 9/1/2021. (AMP)
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| Filing 41 MOTION to Stay Discovery Pending Resolution of The Pleadings, and on a Time-Sensitive Basis, To Temporarily Stay Discovery Pending Resolution of This Motion by Athleta LLC. (Attachments: #1 Exhibit 1 - Discovery requests, #2 Exhibit 2 - Adidas order granting motion to stay, #3 Exhibit 3 - Home Depot order granting motion to stay, #4 Exhibit 4 - McBride Declaration)(Trehan, Ashley) Modified on 9/1/2021 to edit docket text (KEM). |
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Filing 40
ENDORSED ORDER: #39 Plaintiff's Motion for Leave to File Sur-Reply is DENIED. Signed by Judge Brian J. Davis on 8/16/2021. (AMP)
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| Filing 39 MOTION for Miscellaneous Relief, specifically for Leave to File Sur-Reply by Jillian Barnett. (Hiraldo, Manuel) |
| Filing 38 REPLY to Response to Motion re #25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law filed by Athleta LLC. (Trehan, Ashley) |
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Filing 37
ENDORSED ORDER: #36 Defendant's Motion for Leave to File Reply is GRANTED. Defendant shall file its reply of no more than seven (7) substantive pages on or before August 10, 2021. Signed by Judge Brian J. Davis on 8/3/2021. (AMP)
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| Filing 36 MOTION for Leave to File Other Document :Reply in Support of Motion to Dismiss by Athleta LLC. (Trehan, Ashley) |
| Filing 35 CORPORATE Disclosure Statement by Athleta LLC identifying Other Affiliate The Gap, Inc. for Athleta LLC.. (Trehan, Ashley) |
| Filing 34 CASE REFERRED to Mediation. (KEM) |
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Filing 33
CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection due by 11/1/2021; 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 the 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 7/23/2021. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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| Filing 32 RESPONSE in Opposition re #25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law filed by Jillian Barnett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gold, Christopher) |
| Filing 31 NOTICE of a related action DEFENDANT'S SECOND AMENDED NOTICE OF RELATED ACTIONS per Local Rule 1.07(c) by Athleta LLC. Related case(s): Yes (Attachments: #1 Exhibit A - List of Related Actions)(Trehan, Ashley) |
| Filing 30 NOTICE of supplemental authority re #25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS by Athleta LLC. (Attachments: #1 Exhibit A - Swiggum/EAN - July 16, 2021 Order Granting Motion to Dismiss)(Trehan, Ashley) |
| Filing 29 CASE MANAGEMENT REPORT. (Shamis, Andrew) |
| Filing 28 NOTICE of supplemental authority re #25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Athleta LLC. (Attachments: #1 Exhibit Exhibit A to Notice, #2 Exhibit Exhibit B to Notice)(Trehan, Ashley) |
| Filing 27 Unopposed MOTION for Miscellaneous Relief, specifically REQUESTING INCORPORATION BY REFERENCE AND JUDICIAL NOTICE and Incorporated Memorandum of Law by Athleta LLC. (Attachments: #1 Exhibit A - Spirit Airlines - Order Granting Motion to Dismiss, #2 Exhibit B - Home Depot - Order Granting Motion to Stay, #3 Exhibit C - Adidas - Order Granting Motion to Stay, #4 Exhibit D - Dillard's - Order Granting Motion to Stay, #5 Exhibit E - Banana Republic - First Amended Complaint, #6 Exhibit F - Article re: Session Replay, #7 Exhibit G - Article re: Session Replay, #8 Exhibit H - Athleta Privacy Policy 1/1/20 - 6/30/20, #9 Exhibit I - Athleta Privacy Policy 7/1/20 - 9/21/20, #10 Exhibit J - Athleta Privacy Policy 9/22/20 - Present, #11 Exhibit K - Experian Memorandum re Motion to Dismiss)(Trehan, Ashley) |
| Filing 26 REQUEST for oral argument re #25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Athleta LLC. (Trehan, Ashley) |
| Filing 25 MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Athleta LLC. (Trehan, Ashley) |
| Filing 24 NOTICE by Banana Republic, LLC NOTICE OF FILING SUPPLEMENTAL, UNOPPOSED MOTION TO CONSOLIDATE AS TO BARNETT V. ATHLETA, LLC (Attachments: #1 Exhibit A - SUPPLEMENTAL, UNOPPOSED MOTION TO CONSOLIDATE AS TO BARNETT V. ATHLETA, LLC)(Trehan, Ashley) |
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Filing 23
ENDORSED ORDER: In light of #22 First Amended Class Action Complaint, #11 Defendant's Motion to Dismiss and #12 Motion for Judicial Notice are DENIED AS MOOT. Signed by Judge Brian J. Davis on 6/21/2021. (AMP)
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| Filing 22 AMENDED COMPLAINT against Jillian Barnett with Jury Demand. filed by Jillian Barnett.(Edelsberg, Scott) |
| Filing 21 Case Reassigned to Judge Brian J. Davis. New case number: 3:21-cv-587-BJD-MCR. Judge Marcia Morales Howard no longer assigned to the case. (SJW) |
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Filing 20
ORDER granting in part and denying as moot in part #19 Defendant's Unopposed Motion to Transfer and Motion to Stay Proceedings Pending Ruling. The Clerk of the Court is directed to reassign this case to the Honorable Brian J. Davis. Signed by Judge Marcia Morales Howard on 6/16/2021. (JW)
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| Filing 19 Unopposed MOTION to Transfer & Motion to Stay Proceedings Pending Ruling with Incorporated Memorandum of Law by Athleta LLC. (Attachments: #1 Exhibit A - Banana Republic Class Action Complaint, #2 Exhibit B - Old Navy Class Action Complaint, #3 Exhibit C - Gap Class Action Complaint, #4 Exhibit D - Banana Republic First Amended Complaint, #5 Exhibit E - Old Navy First Amended Complaint, #6 Exhibit F - Gap First Amended Complaint, #7 Exhibit G - Gap Order Granting Motion to Transfer)(Trehan, Ashley) (Modified on 6/15/2021, to edit text) (BGR). |
| Filing 16 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 17 TRANSFER IN from the Southern District of Florida (Miami). Case assigned to District Judge Howard and Magistrate Judge Richardson. New Case Number: 3:21-cv-587-MMH-MCR. (RH) |
| Filing 15 Case transferred in from District of Florida Southern; Case Number 1:21-cv-21863. File received electronically |
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Filing 14
ORDER GRANTING #8 Unopposed Motion to Transfer Case to the Middle District of Florida. Signed by Judge Joan A. Lenard on 6/7/2021. See attached document for full details. (gie) [Transferred from flsd on 6/8/2021.]
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| Civil Case Terminated. Closing Case. (kpe) [Transferred from flsd on 6/8/2021.] |
| Filing 13 NOTICE of Filing Proposed Order and Incorporated Memorandum by Athleta LLC re #12 Unopposed MOTION REQUESTING INCORPORATION BY REFERENCE AND JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW re #11 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Exhibit A - Proposed Order) (Maglich, Jordan) Modified docket text on 6/7/2021 (nc). [Transferred from flsd on 6/8/2021.] |
| Filing 12 Unopposed MOTION REQUESTING INCORPORATION BY REFERENCE AND JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW re #11 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Athleta LLC. (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)(Bruce Trehan, Ashley)[Transferred from flsd on 6/8/2021.] |
| Filing 11 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Athleta LLC. Responses due by 6/18/2021 (Bruce Trehan, Ashley) [Transferred from flsd on 6/8/2021.] |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement --DEFENDANT'S CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES-- by Athleta LLC identifying Other Affiliate The Gap, Inc. for Athleta LLC (Olmedo-Rodriguez, Jennifer) [Transferred from flsd on 6/8/2021.] |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jillian Barnett (Shamis, Andrew) [Transferred from flsd on 6/8/2021.] |
| Filing 8 Unopposed MOTION to Change Venue DEFENDANTS UNOPPOSED MOTION TO TRANSFER CASE TO THE MIDDLE DISTRICT OF FLORIDA AND TO STAY PROCEEDINGS PENDING RULING, WITH INCORPORATED MEMORANDUM OF LAW ( Responses due by 6/16/2021), Unopposed MOTION to Stay by Athleta LLC. (Attachments: #1 Exhibit A - Held Declaration, #2 Exhibit B - Banana Republic Initial Complaint, #3 Exhibit C - Old Navy Initial Complaint, #4 Exhibit D - Gap Initial Complaint, #5 Exhibit E - (Composite) Mertens Declarations)(Bruce Trehan, Ashley) [Transferred from flsd on 6/8/2021.] |
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Filing 7
Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 05/21/2021. See attached document for full details. (dp) [Transferred from flsd on 6/8/2021.]
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Filing 6
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Lauren F. Louis; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 05/21/2021. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (dp) [Transferred from flsd on 6/8/2021.]
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Filing 5
PAPERLESS ORDER GRANTING #4 Defendant's Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Defendant shall have until and including June 4, 2021 to respond to the Complaint. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/19/2021. (gie) [Transferred from flsd on 6/8/2021.]
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| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Athleta LLC. (Olmedo-Rodriguez, Jennifer) [Transferred from flsd on 6/8/2021.] |
| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Athleta LLC (Attachments: #1 Exhibit A - List of Related Actions) (Bruce Trehan, Ashley) [Transferred from flsd on 6/8/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (kpe) [Transferred from flsd on 6/8/2021.] |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - CLASS ACTION COMPLAINT) Filing fee $ 402.00 receipt number AFLSDC-14698721, filed by Athleta LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet and Attachment, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Return of Service, #4 Exhibit C - Remaining State Court Pleadings, #5 Exhibit D - Declaration of Jeffrey Held, #6 Exhibit E - Declaration of Marie Ma)(Olmedo-Rodriguez, Jennifer) No answer/motion to dismiss filed. Modified text on 5/19/2021 (kpe). [Transferred from flsd on 6/8/2021.] |
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