GARRETT et al v. HERFF JONES, LLC
| ANGELA GARRETT, CRYSTA GARNER, CONNIE QUINTANA, JUSTIN AHN, KEVIN BERSCH, KRISTIN WALKER, LEIGHTON BLACKWOOD, ELIZABETH FURCINITO, MIRIAM BARNICLE, NICULINA ODAGIU, ANDREW PAWELCZYK and KEISHA WINDHAM |
| HERFF JONES, LLC |
| HERFF JONES DATA BREACH LITIGATION |
| 1:2021cv01329 |
| May 25, 2021 |
| US District Court for the Southern District of Indiana |
| Tanya Walton Pratt |
| Doris L Pryor |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
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Filing 32
ORDER - This matter has come before the Court on the Plaintiffs' Unopposed Motion for Relief from Deadline to File Supplemental Jurisdictional Statement, Dkt. [ #28 ]. The Court, being duly advised, hereby GRANTS said Motion. The Furcinito Plaintiffs are relieved from the requirement to file a Supplemental Jurisdictional Statement. Signed by Magistrate Judge Doris L. Pryor on 7/28/2021. (SWM)
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Filing 31
ORDER - This matter has come before the Court on the Defendant's Motion to Extend Deadline to Answer or Otherwise Respond Pending Ruling on Consolidation, Dkt.[ #25 ]. On July 15, 2021, the Court ruled on the Plaintiffs' Motion for Consolidation, and provided a timeline for the Defendant to answer the Amended Complaint. (Dkt. #27 ). As such, the present motion is DENIED AS MOOT. Signed by Magistrate Judge Doris L. Pryor on 7/28/2021. (SWM)
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| Filing 30 AMENDED COMPLAINT Consolidated Class Action Complaint and Demand for Jury Trial against All Defendants, filed by All Plaintiffs.(DeLaney, Kathleen) |
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Filing 29
CONSOLIDATION ORDER - In conjunction with the Order entered July 15, 2021 (Filing No. #27 ), the Court now orders case 1:21-cv-01329-TWP-DLP, case 1:21-cv-1350-TWP-DLP, case 1:21- cv-1381-TWP-DLP and case 1:21-cv-1661-TWP-DLP consolidated for all purposes including trial. The clerk is hereby ordered to consolidate 1:21-cv-1350-TWP-DLP, 1:21-cv-1381- TWP-DLP, and 1:21-cv-1661-TWP-DLP with and under 1:21-cv-01329-TWP-DLP. The clerk shall also close 1:21-cv-1350-TWP-DLP, 1:21-cv-1381-TWP-DLP, and 1:21-cv-1661-TWP-DLP. All pending motions in these cases are terminated once the cases are closed. All future filings shall be made in 1:21-cv-01329-TWP- DLP only. Any pending motions in 1:21-cv-1350-TWP-DLP, 1:21-cv-1381-TWP-DLP, and 1:21- cv-1661-TWP-DLP which need a ruling must be refiled by counsel in 1:21-cv- 01329-TWP-DLP. Copy mailed pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 7/23/2021.(RSF)
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| Filing 28 Unopposed MOTION for Relief from Deadline to File Supplemental Jurisdiction Statement, filed by Plaintiffs MIRIAM BARNICLE, ELIZABETH FURCINITO. (Attachments: #1 Text of Proposed Order)(Shevitz, Richard) |
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Filing 27
ORDER granting Plaintiffs' #17 Motion to Consolidate Cases - This matter has come before the Court on the Plaintiffs' Motion to Consolidate, Dkt. #17 . The Court, being duly advised, hereby GRANTS said motion. The present case and the three other pending cases in this Court, Quintana v. Herff Jones, LLC, No. 1:21-cv-01350-TWP-DLP ("Quintana"); Ahn v. Herff Jones,LLC, No. 1:21-cv-01381-TWP-DLP ("Ahn"); and Furcinito v. Herff Jones, LLC, No. 1:21-cv-01661-TWP- DLP ("Furcinito"), along with any other action arising out of the same or similar operative facts now pending or hereafter filed in, removed in, or transferred to this Court shall be consolidated for pre-trial proceedings and trial pursuant to Fed. R. Civ. P. 42(a) and Local Rule 42-1 before the Honorable Tanya Walton Pratt (hereafter the "Consolidated Action"). All papers filed in the Consolidated Action shall be filed under Case No. 1:21- cv-1329- TWP- DLP, the number assigned to the first-filed case, and shall bear the following caption: IN RE: HERFF JONES DATA Master File No. 1:21-cv-1329-TWP-DLP BREACH LITIGATION -This Document Relates to: Master File No. 1:21-cv-1329-TWP-DLP. Any attorney who has filed an action in this litigation may file an application for appointment as interim class counsel or other designated counsel either individually or as part of a proposed leadership structure. All applications shall be limited to 20 pages and must be e-filed in the Master File No. 1:21- cv-1329-TWPDLP, no later than 5:00 p.m. Eastern Time within five (5) business days after the date the Court enters this Consolidation Order. A response of no more than five (5)pages shall be allowed and must be filed no later than 5:00 p.m. Eastern Time within five (5) business days after the date of filing of the afore said application for appointment as interim class counsel or other designated counsel. The Court may hold a hearing on the applications or appoint interim counsel or other designated counsel based on timely written submissions only. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 7/15/2021. (SWM) Modified on 7/16/2021 (SWM).
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| Filing 26 Submission of Proposed Order , re #17 MOTION to Consolidate Cases and Set Scheduling Deadlines in related cases, filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (DeLaney, Kathleen) |
| Filing 25 Unopposed MOTION for Extension of Time to August 16, 2021 to Extend Deadline to Answer or Otherwise Respond Pending Ruling on Consolidation, filed by Defendant HERFF JONES, LLC. (Attachments: #1 Text of Proposed Order)(Vare, Todd) |
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Filing 24
SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 8/19/2021 at 11:30 AM (Eastern) before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Doris L. Pryor on 7/6/2021.(CBU)
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| Filing 23 RESPONSE to Motion re #17 MOTION to Consolidate Cases and Set Scheduling Deadlines in related cases and Notice of Non-Opposition to Motion to Consolidate, filed by Defendant HERFF JONES, LLC. (Vare, Todd) |
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Filing 22
ORDER - This matter comes before the Court on Plaintiffs' Motion for Appointment of Interim Class Counsel #19 . The Court being fully advised and for good cause shown, the Motion is hereby GRANTED. (See Order). Signed by Judge Tanya Walton Pratt on 6/28/2021. (AKH)
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| Filing 21 BRIEF/MEMORANDUM in Support re #19 MOTION for Appointment of Interim Class Counsel Under Fed. R. Civ. P. 23(g)(3) Amended, filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Affidavit Declaration of Bryan L. Bleichner, #2 Exhibit A - Chestnut Cambronne Firm Resume, #3 Exhibit B - Mason Lietz & Klinger LLP Firm Resume, #4 Exhibit C - Wolf Haldenstein Firm Resume)(DeLaney, Kathleen) |
| Filing 20 BRIEF/MEMORANDUM in Support re #19 MOTION for Appointment of Interim Class Counsel Under Fed. R. Civ. P. 23(g)(3) , filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Declaration of Bryan L. Bleichner, #2 Exhibit A - Chestnut Cambronne Firm Resume, #3 Exhibit B - Mason Lietz & Klinger LLP Firm Resume, #4 Exhibit C - Wolf Haldenstein Firm Resume)(DeLaney, Kathleen) |
| Filing 19 MOTION for Appointment of Interim Class Counsel Under Fed. R. Civ. P. 23(g)(3), filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION to Consolidate Cases and Set Scheduling Deadlines in related cases , filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (DeLaney, Kathleen) |
| Filing 17 MOTION to Consolidate Cases and Set Scheduling Deadlines in related cases, filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 16 NOTICE of Automatic Initial Extension of Time to Respond to Complaint, filed by Defendant HERFF JONES, LLC (Vare, Todd) |
| Filing 15 NOTICE of Appearance by Todd G. Vare on behalf of Defendant HERFF JONES, LLC. (Vare, Todd) |
| Filing 14 Jurisdictional Statement , Supplemental, re #8 Entry by All Plaintiffs. (Attachments: #1 Exhibit - Notice of Removal in Bloxom v. Herff Jones, #2 Exhibit - Declaration in Bloxom v. Herff Jones)(DeLaney, Kathleen) |
| Filing 13 RETURN of Service, filed by All Plaintiffs. HERFF JONES, LLC served on 6/9/2021. (DeLaney, Kathleen) |
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Filing 12
ORDER granting #9 Motion to Appear pro hac vice. Attorney Bryan L. Bleichner for CRYSTA GARNER and ANGELA GARRETT added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. The contact information in the Court's records does not match the applicant's contact information in this Order. A Notice of Change of Attorney Information is available on the Court's website. Applicant shall complete and file this form within ten (10) days of the entry of this Order. Signed by Magistrate Judge Doris L. Pryor on 6/4/2021. (SWM)
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Filing 11
ORDER granting #7 Motion to Appear pro hac vice. Attorney Terence R. Coats for CRYSTA GARNER and ANGELA GARRETT added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Terence R. Coats. Signed by Magistrate Judge Doris L. Pryor on 6/3/2021. (SWM)
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Filing 10
ORDER granting #6 Motion to Appear pro hac vice. Attorney Jeffrey S. Goldenberg for CRYSTA GARNER and ANGELA GARRETT added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Jeffrey S. Goldenberg via US Mail. Signed by Magistrate Judge Doris L. Pryor on 6/3/2021. (SWM)
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| Filing 9 MOTION for Attorney(s) Bryan L. Bleichner to Appear pro hac vice (Filing fee $100, receipt number 0756-6593385), filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Exhibit A - Certification of Bryan L. Bleichner, #2 Text of Proposed Order)(DeLaney, Kathleen) |
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Filing 8
ENTRY on Jurisdiction-The Plaintiffs are ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the members of the LLC Defendant and their citizenship. This jurisdictional statement is due fourteen (14) days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 6/2/2021.(CBU)
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| Filing 7 MOTION for Attorney(s) Terence R. Coates to Appear pro hac vice (Filing fee $100, receipt number 0756-6587889), filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Exhibit A - Certification of Terence R. Coates, #2 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 6 MOTION for Attorney(s) Jeffrey S. Goldenberg to Appear pro hac vice (Filing fee $100, receipt number 0756-6587875), filed by Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (Attachments: #1 Exhibit A - Certification of Jeffrey Goldenberg, #2 Text of Proposed Order)(DeLaney, Kathleen) |
| Filing 5 RETURN of Service, filed by All Plaintiffs. HERFF JONES, LLC served on 5/27/2021. (DeLaney, Kathleen) Modified on 6/2/2021 (AKH). |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 3 Summons Issued as to HERFF JONES, LLC. (REO) |
| Filing 2 NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Plaintiffs CRYSTA GARNER, ANGELA GARRETT. (DeLaney, Kathleen) |
| Filing 1 COMPLAINT against HERFF JONES, LLC, filed by ANGELA GARRETT, CRYSTA GARNER. (Filing fee $402, receipt number 0756-6579231) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(DeLaney, Kathleen) |
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