Ledbetter v. Cloud 9 Online Smoke & Vape, LLC et al
| Hannah Ledbetter |
| Cloud 9 Online Smoke & Vape, LLC, Khalil Amor, Green Rush, LLC. doing business as Xhale City, Thesy, LLC. doing business as Element Vape, Xhale City Franchise Company LLC, Stiiizy IP, LLC, L&K Distribution, Cookies Creative Consulting & Promotions, Inc., Savage Enterprises, Christopher G. Wheeler, Preston Wheeler, Columbia Laboratories, Encore Labs, LLC, Pharmlabs SD and John Does 1-1000 |
| 1:2024cv00538 |
| February 6, 2024 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 75 RESPONSE in Opposition re #28 MOTION for Oral Argument re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 74 RESPONSE in Opposition re #27 MOTION for Oral Argument re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 73 RESPONSE in Opposition re #26 MOTION for Oral Argument re #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 72 RESPONSE in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 71 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 70 RESPONSE in Opposition re #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 69 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Hannah Ledbetter.(Sutter, Luther) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
Filing 68
ORDER granting #65 Application for Admission Pro Hac Vice of Jessica Huang. APPROVE by Judge Steven D. Grimberg on 3/29/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dnb)
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Filing 67
ORDER granting #64 Application for Admission Pro Hac Vice of Jennifer Briggs Fisher . APPROVED by Judge Steven D. Grimberg on 3/29/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(dnb) Modified docket text on 3/29/2024 (dnb).
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Filing 66
ORDER granting #63 Motion for Extension of Time re #63 Second MOTION for Extension of Time Answer Complaint and Page Limit . Defendant Encore Labs, LLC's motions for an extension of time to respond to the complaint and for leave to file excess pages are GRANTED. Encore's response is due on April 15, 2024, and Encore is granted leave to file a brief in support of its motion to dismiss that does not exceed 35 pages. Signed by Judge Steven D. Grimberg on 3/29/24. (kmj)
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| APPROVAL by Clerks Office re: #65 APPLICATION for Admission of Jessica Huang Pro Hac Vice (Application fee $ 100, receipt number BGANDC-13327233). Attorney Jessica Huang added appearing on behalf of Thesy, LLC. E-filing access may be requested after an order granting the application is entered. (esr) |
| Answer Due for Encore Labs, LLC. Answer due 4/15/2024. Signed by Judge Steven D. Grimberg on 3/29/24. (kmj) |
| APPROVAL by Clerks Office re: #64 APPLICATION for Admission of Jennifer Briggs Fisher Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13327221). Attorney Jennifer Fisher added appearing on behalf of Thesy, LLC. E-filing access may be requested after an order granting the application is entered. (esr) |
| Clerk's Certificate of E-Mailing as to Jennifer Briggs Fisher re 67 Order on Application for Admission PHV. (dnb) Modified docket text on 3/29/2024 (dnb). |
| Filing 65 APPLICATION for Admission of Jessica Huang Pro Hac Vice (Application fee $ 100, receipt number BGANDC-13327233).by Thesy, LLC.. (Pierson, Holly) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 64 APPLICATION for Admission of Jennifer Briggs Fisher Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13327221).by Thesy, LLC.. (Pierson, Holly) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 63 Second MOTION for Extension of Time Answer Complaint and Page Limit by Encore Labs, LLC. (Attachments: #1 Exhibit A - Proposed Order on Mtn to Extend Time to Answer, #2 Exhibit B - Proposed Order on Motion to Extend Page Limit)(Johnson, Myrece) |
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Filing 62
ORDER granting #59 Motion for Extension of Time re Response to Motions: #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #28 MOTION for Oral Argument re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #26 MOTION for Oral, #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #27 MOTION for Oral Argument re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiff's motion for an extension of time to respond to the pending motions to dismiss and for oral argument is GRANTED. Plaintiff's responses to these motions are due by March 29, 2024. Signed by Judge Steven D. Grimberg on 3/22/24. (kmj)
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Filing 61
ORDER granting #60 Motion for Extension of Time to Answer re #1 Complaint. Defendant TheSY, LLC's motion for an extension of time to respond to the complaint is GRANTED nunc pro tunc. TheSY's response to the complaint is due by April 12, 2024. Signed by Judge Steven D. Grimberg on 3/22/24. (kmj)
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| Filing 60 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Thesy, LLC.. (Attachments: #1 Text of Proposed Order)(Pierson, Holly) |
| Filing 59 MOTION for Extension of Time Respond to Motions re: #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #28 MOTION for Oral Argument re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #26 MOTION for Oral Argument re #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #27 MOTION for Oral Argument re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Hannah Ledbetter. (Attachments: #1 Text of Proposed Order)(Stuart, Andrew) |
| Filing 58 NOTICE of Appearance by Lukens Francescoli Rivil on behalf of Xhale City Franchise Company LLC (Rivil, Lukens) |
| Filing 57 NOTICE of Appearance by Lukens Francescoli Rivil on behalf of Green Rush, LLC. (Rivil, Lukens) |
| Filing 56 NOTICE of Appearance by Lukens Francescoli Rivil on behalf of Cloud 9 Online Smoke & Vape, LLC (Rivil, Lukens) |
| Filing 55 Certificate of Interested Persons and Corporate Disclosure Statement by Pharmlabs SD. (Timmons, Christopher) |
| Filing 53 NOTICE of Appearance by Ramsey A. Knowles on behalf of Pharmlabs SD (Knowles, Ramsey) |
| Filing 52 NOTICE of Appearance by Jordan Vera Kalteux on behalf of Pharmlabs SD (Kalteux, Jordan) |
| Filing 51 NOTICE of Appearance by Karen Bain on behalf of Pharmlabs SD (Bain, Karen) |
| Filing 54 Mail Returned as Undeliverable. Mail sent to Luther Oneal Sutter re #13 Letter re:83.1. (tas) |
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Filing 50
ORDER granting #49 Consent MOTION for Extension of Time to File Answer re #1 Complaint. Defendant's deadline to respond to Plaintiff's Complaint is extended to 30 days from the service date of the last-served defendant, or alternatively, set pursuant to a stipulated briefing schedule agreed to by all parties, whichever is later. Signed by Judge Steven D. Grimberg on 3/15/2024. (jbu)
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| Filing 49 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Pharmlabs SD. (Attachments: #1 Text of Proposed Order)(Timmons, Christopher) |
| Filing 48 NOTICE of Appearance by Christopher Timmons on behalf of Pharmlabs SD (Timmons, Christopher) |
| Filing 47 Return of Service Executed by Hannah Ledbetter. Xhale City Franchise Company LLC served on 2/16/2024, answer due 3/8/2024. (Stuart, Andrew) |
| Filing 46 Return of Service Executed by Hannah Ledbetter. Encore Labs, LLC served on 2/20/2024, answer due 4/1/2024. (Stuart, Andrew) |
| Filing 45 Return of Service Executed by Hannah Ledbetter. Stiiizy IP, LLC served on 2/15/2024, answer due 3/7/2024. (Stuart, Andrew) |
| Filing 44 Return of Service Executed by Hannah Ledbetter. Pharmlabs SD served on 2/23/2024, answer due 3/15/2024. (Stuart, Andrew) |
| Filing 43 Return of Service Executed by Hannah Ledbetter. Thesy, LLC. served on 2/21/2024, answer due 3/13/2024. (Stuart, Andrew) |
| Filing 42 Return of Service Executed by Hannah Ledbetter. Savage Enterprises served on 2/21/2024, answer due 4/2/2024. (Stuart, Andrew) |
| Filing 41 Return of Service Executed by Hannah Ledbetter. Green Rush, LLC. served on 2/16/2024, answer due 3/8/2024. (Stuart, Andrew) |
| Filing 40 Return of Service Executed by Hannah Ledbetter. Green Rush, LLC. served on 2/16/2024, answer due 3/8/2024. (Stuart, Andrew) Modified on 3/15/2024 (jbu). |
| Filing 39 Return of Service Executed by Hannah Ledbetter. Cloud 9 Online Smoke & Vape, LLC served on 2/16/2024, answer due 3/8/2024. (Stuart, Andrew) |
| Filing 38 NOTICE of Appearance by C. Bradford Marsh on behalf of Encore Labs, LLC (Marsh, C.) |
| Filing 37 NOTICE of Appearance by Molly Prodgers King on behalf of Encore Labs, LLC (King, Molly) |
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Filing 36
ORDER: Defendant Savage Enterprises' consent motion for an extension of time to respond to the complaint #34 is GRANTED. Savage's response to the complaint is due by April 2, 2024. APPROVED by Judge Steven D. Grimberg on 03/13/2024. (slc)
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| Filing 35 NOTICE of Appearance by Myrece Rebecca Johnson on behalf of Encore Labs, LLC (Johnson, Myrece) |
| Filing 34 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Savage Enterprises. (Attachments: #1 Text of Proposed Order)(Manfredi, Michael) Modified on 3/13/2024 - corrected capitalization error (jbu). |
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Filing 33
ORDER: Defendant Encore Labs, LLC's motion for an extension of time to respond to the complaint #32 is GRANTED. Encore's response to the complaint is due by April 1, 2024. APPROVED by Judge Steven D. Grimberg on 03/12/2024. (slc)
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| Filing 32 MOTION for Extension of Time to Respond to Plaintiff's Complaint by Encore Labs, LLC. (Attachments: #1 Exhibit Proposed Order)(Johnson, Myrece) |
| Filing 31 NOTICE of Appearance by Taylor L. Leftwich on behalf of Xhale City Franchise Company LLC (Leftwich, Taylor) |
| Filing 30 NOTICE of Appearance by Taylor L. Leftwich on behalf of Green Rush, LLC. (Leftwich, Taylor) |
| Filing 29 NOTICE of Appearance by Taylor L. Leftwich on behalf of Cloud 9 Online Smoke & Vape, LLC (Leftwich, Taylor) |
| Filing 28 MOTION for Oral Argument re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Xhale City Franchise Company LLC. (Leftwich, Taylor) |
| Filing 27 MOTION for Oral Argument re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Green Rush, LLC.. (Leftwich, Taylor) |
| Filing 26 MOTION for Oral Argument re #24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cloud 9 Online Smoke & Vape, LLC. (Leftwich, Taylor) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Xhale City Franchise Company LLC. (Leftwich, Taylor) |
| Filing 24 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Cloud 9 Online Smoke & Vape, LLC. (Leftwich, Taylor) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Cloud 9 Online Smoke & Vape, LLC. (Leftwich, Taylor) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Green Rush, LLC.. (Leftwich, Taylor) |
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Filing 21
ORDER: Defendant Stiiizy IP LLC's motion for an extension of time to respond to the complaint #19 is GRANTED nunc pro tunc. Stiiizy's response to the complaint is due 30 days from the service date of the last-served defendant. APPROVED by Judge Steven D. Grimberg on 03/08/2024. (slc) Modified on 3/11/2024 (jbu).
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| Filing 20 Certificate of Interested Persons and Corporate Disclosure Statement by Stiiizy IP, LLC identifying Corporate Parent Stiiizy Inc. for Stiiizy IP, LLC. (Lee, Timothy) |
| Filing 19 Consent MOTION for Extension of Time to Respond to Complaint re: #1 Complaint, by Stiiizy IP, LLC. (Attachments: #1 Text of Proposed Order)(Lee, Timothy) |
| Filing 18 NOTICE of Appearance by Timothy Lee on behalf of Stiiizy IP, LLC (Lee, Timothy) |
| Filing 17 NOTICE of Appearance by Michael Patrick Manfredi on behalf of Savage Enterprises (Manfredi, Michael) |
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Filing 16
ORDER granting #15 Application of Luther Oneal Sutter for Admission Pro Hac Vice. APPROVED by Judge Steven D. Grimberg on 02/22/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(slc)
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| Clerk's Certificate of Mailing (by email) 16 Order granting #15 APPLICATION for Admission of Luther Oneal Sutter Pro Hac Vice. (slc) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of 1:24-CV-0538 Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13232281). Attorney Luther Sutter added appearing on behalf of Hannah Ledbetter. E-filing access may be requested after an order granting the application is entered. (djs) |
| Filing 15 APPLICATION for Admission of 1:24-CV-0538 Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13232281).by Hannah Ledbetter. (Stuart, Andrew) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 14
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Steven D. Grimberg on 2/12/2024. (tas)
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| Filing 13 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Luther Sutter. Clerk to follow-up by 2/20/2024. (djs) |
| Filing 12 Electronic Summons Issued as to Pharmlabs, LLC. (jbu) |
| Filing 11 Electronic Summons Issued as to Xhale City Franchise Company LLC. (jbu) |
| Filing 10 Electronic Summons Issued as to Thesy, LLC. (jbu) |
| Filing 9 Electronic Summons Issued as to Stiiizy IP, LLC. (jbu) |
| Filing 8 Electronic Summons Issued as to Savage Enterprises. (jbu) |
| Filing 7 Electronic Summons Issued as to L&K Distribution. (jbu) |
| Filing 6 Electronic Summons Issued as to Green Rush, LLC. (jbu) |
| Filing 5 Electronic Summons Issued as to Encore Labs, LLC. (jbu) |
| Filing 4 Electronic Summons Issued as to Cookies Creative Consulting & Promotions, Inc. (jbu) |
| Filing 3 Electronic Summons Issued as to Columbia Laboratories. (jbu) |
| Filing 2 Electronic Summons Issued as to Cloud 9 Online Smoke & Vape, LLC. (jbu) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Hannah Ledbetter. (Filing fee $405, receipt number AGANDC-13205309) (Attachments: #1 Civil Cover Sheet)(jbu) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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