Shaw et al v. Restoration Hardware, Inc.
| Tara Shaw and Tara Shaw Designs, Ltd. |
| Restoration Hardware, Inc. |
| 2:2021cv01540 |
| August 14, 2021 |
| US District Court for the Eastern District of Louisiana |
| Donna Phillips Currault |
| Ivan LR Lemelle |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 62
Electronic Record on Appeal Access Granted to Adam Vickers re #54 Notice of Appeal. USCA Case Number 22-30277. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as)
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Filing 61
Electronic Record on Appeal Access Granted to Gregory D. Latham re #54 Notice of Appeal. USCA Case Number 22-30277. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as)
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Filing 60
Electronic Record on Appeal Access Granted to Kathryn Zainey Gonski, Shannon Skelton Holtzman and Ian Charles Barras re #54 Notice of Appeal. USCA Case Number 22-30277. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as)
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Filing 59
APPEAL TRANSCRIPT of Motion Hearing held on April 6, 2022 before Judge Ivan L. R. Lemelle. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 10/13/2022. (rsg)
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Filing 58
ORDER of USCA as to #54 Notice of Appeal filed by Tara Shaw, Tara Shaw Designs, Ltd. USCA Judge Name: USCA Clerk. The court has granted Appellant's opposed motion to reinstate the appeal. (pp)
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Filing 57
APPEAL TRANSCRIPT REQUEST by All Plaintiffs for proceedings held on April 6, 2022 re #54 Notice of Appeal. (Transcript(s) ordered) (Court Reporter Jodi Simcox noticed) (Barras, Ian)
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Filing 56
ORDER of USCA as to #54 Notice of Appeal. Signed by USCA Clerk. The appeal is dismissed as of 5/31/2022, for want of prosecution. The Appellants failed to timely order transcript and make financial arrangements with court reporter. (Attachments: #1 Transmittal Letter)(pp)
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Filing 55
USCA Case Number 22-30277 appealed to USCA for #54 Notice of Appeal filed by Tara Shaw, Tara Shaw Designs, Ltd. (pp)
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Filing 54
NOTICE OF APPEAL to #44 Order , #53 Judgment, #52 Order by All Plaintiffs . (Filing fee $ 505, receipt number ALAEDC-9347012.) (Barras, Ian) Modified text on 5/6/2022 (pp).
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Filing 53
JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of defendant Restoration Hardware, Inc. and against plaintiffs, dismissing all claims in the above-captioned action at plaintiffs' cost. Signed by Judge Ivan L.R. Lemelle on 4/8/2022.(pp)
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Filing 52
ORDER AND REASONS: IT IS ORDERED that plaintiffs' #45 Motion for Reconsideration is DENIED, as stated herein. Signed by Judge Ivan L.R. Lemelle on 4/8/2022. (pp)
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Filing 51
Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 4/6/2022 re #45 MOTION for Reconsideration re #44 Order on Motion for Extension of Deadlines and MOTION for Leave to File a Second Amended Complaint. Motion taken under advisement. (Court Reporter Jodi Simcox.) (dw)
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Filing 50
RESPONSE/MEMORANDUM in Opposition to re #45 MOTION for Reconsideration re #44 Order on Motion for Extension of Deadlines and for Leave to File a Second Amended Complaint filed by Restoration Hardware, Inc. (Gonski, Kathryn) Modified text on 3/30/2022 (pp).
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Filing 49
ORDER GRANTING #48 Motion to Enroll as Additional Counsel of Record. IT IS HEREBY ORDERED that Ian Charles Barras is enrolled as additional counsel of record for plaintiffs in the above-captioned matter. Signed by Judge Ivan L.R. Lemelle on 3/24/2022. (pp)
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Filing 48
EXPARTE/CONSENT MOTION to Enroll Ian Charles Barras as Counsel of Record by Tara Shaw, Tara Shaw Designs, Ltd..o party Tara Shaw(pty:pla), Attorney Ian Charles Barras added to party Tara Shaw Designs, Ltd.(pty:pla).(Barras, Ian) Modified text on 3/24/2022 (pp).
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Filing 47
NOTICE: Section B Courtroom & Chambers Protocol During Covid-19 Pandemic. (dw)
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Filing 46
ORDER: IT IS HEREBY ORDERED that a hearing be held in open court on 4/6/2022 at 8:30 a.m. before the undersigned on Plaintiff's #45 motion for reconsideration and for leave to file a second amended complaint. No later than 3/29/2022 Defendant shall file its response to the motion. Signed by Judge Ivan L.R. Lemelle on 3/21/2022.(pp)
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Filing 45
MOTION for Reconsideration re #44 Order on Motion for Extension of Deadlines and for Leave to File a Second Amended Complaint by Tara Shaw, Tara Shaw Designs, Ltd. Motion(s) will be submitted on 3/30/2022. (Attachments: #1 Proposed Pleading, #2 Memorandum in Support, #3 Proposed Order, #4 Notice of Submission)(Sahuc, Richard) Modified text on 3/8/2022 (pp).
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Filing 44
ORDER AND REASONS: IT IS ORDERED that #14 Motion to Dismiss the first amended complaint is GRANTED. IT IS FURTHER ORDERED that #8 Motion to Dismiss the original complaint is dismissed at MOOT. IT IS FURTHER ORDERED that #43 Motion for Extension of Deadlines to 3/9/2022 is Granted as set forth in document. Signed by Judge Ivan L.R. Lemelle on 2/4/2022. (ajn)
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Filing 43
EXPARTE/CONSENT MOTION for Extension of Deadlines to Amend Pleadings by Tara Shaw, Tara Shaw Designs, Ltd.. (Attachments: #1 Proposed Order)(Sahuc, Richard)
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Filing 42
ORDER that Plaintiffs Motion to Compel #31 is GRANTED IN PART AND DENIED N PART. FURTHER ORDERED that Plaintiffs request to order Defendant to provide aprivilege log is DENIED AS MOOT. FURTHER ORDERED that Defendant complete its rolling production on or before 2/18/2022. FURTHER ORDERED that the parties requests for fees and costs in connection with this motion are DENIED. Signed by Magistrate Judge Donna Phillips Currault on 1/27/2022. (caa)
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Filing 41
Correction of Docket Entry by Clerk re #36 Ex Parte MOTION for Leave to File Sur-Reply Memorandum in Opposition to Plaintiffs' Motion to Compel Production.** Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge.Clerk took corrective action. No further action necessary.** (pp)
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Filing 40
Supplemental Memorandum filed by Restoration Hardware, Inc., in opposition of #29 MOTION to Compel Production. (caa)
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Filing 39
ORDER granting #36 Motion for Leave to File Sur-Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 1/26/2022. (caa)
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Filing 38
REPLY to Response to Motion filed by Tara Shaw, Tara Shaw Designs, Ltd. re #29 MOTION to Compel Production. (Attachments: #1 Exhibit A)(caa)
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Filing 37
ORDER granting #35 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 1/26/2022. (caa)
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Filing 36
EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Opposition to Plaintiffs' Motion to Compel Production by Restoration Hardware, Inc. Motion(s) referred to Donna Phillips Currault.(Attachments: #1 Proposed Order, #2 Proposed Pleading)(Gonski, Kathryn) Modified text on 1/27/2022 (pp).
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Filing 35
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion to Compel Production by Tara Shaw, Tara Shaw Designs, Ltd.. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Reply Memorandum, #3 Exhibit A to Proposed Reply Memorandum)(Sahuc, Richard)
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Filing 34
ORDER GRANTING #33 Joint Motion for Protective Order. Signed by Magistrate Judge Donna Phillips Currault on 1/21/2022. (sa)
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Filing 33
EXPARTE/CONSENT Joint MOTION for Protective Order by Plaintiffs, Tara Shaw and Tara Shaw Designs, Ltd., and by Restoration Hardware, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Exhibit A- Protective Order , #2 Exhibit B)(Gonski, Kathryn) Modified text on 1/21/2022 (pp).
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Filing 32
ORDER - IT IS ORDERED that Plaintiffs' Motion for Protective Order (ECF No. #30 ) is DENIED. The parties are instructed to file a new motion with a revised protective order removing paragraph 16. Signed by Magistrate Judge Donna Phillips Currault on 1/20/2022. (sa)
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Filing 31
RESPONSE/MEMORANDUM in Opposition to re #29 MOTION to Compel Production filed by Restoration Hardware, Inc . (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Gonski, Kathryn) Modified text on 1/19/2022 (pp).
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Filing 30
EXPARTE/CONSENT Joint MOTION for Protective Order by Plaintiffs, Tara Shaw and Tara Shaw Designs, Ltd., and by Restoration Hardware, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Protective Order, #2 Exhibit "B")(Gonski, Kathryn) Modified text on 1/18/2022 (pp).
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Filing 29
MOTION to Compel Production by Tara Shaw, Tara Shaw Designs, Ltd.. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/26/2022. (Attachments: #1 Memorandum in Support, #2 Declaration of Richard Sahuc, #3 Exhibit A to Sahuc Declaration, #4 Exhibit B to Sahuc Declaration, #5 Exhibit C to Sahuc Declaration, #6 Proposed Order, #7 Notice of Submission)(Sahuc, Richard)
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Filing 28
ORDER GRANTING #27 Motion for Extension of Deadlines to Amend Pleadings. IT IS HEREBY ORDERED that the deadline for the parties to amend pleadings, third- party actions, cross-claims, and counterclaims is extended by thirty (30) days until 2/2/2022. Signed by Judge Ivan L.R. Lemelle on 1/4/2022. (pp)
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Filing 27
EXPARTE/CONSENT MOTION for Extension of Deadlines to Amend Pleadings by Tara Shaw, Tara Shaw Designs, Ltd.. (Attachments: #1 Proposed Order)(Sahuc, Richard)
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Filing 26
Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Settlement Conference held on 12/8/2021. After discussions, the court was advised that the parties were unable to reach a settlement. By copy of this minute entry, Judge Lemelle is advised that this matter has not yet been resolved. Signed by Judge Donna Phillips Currault on 12/8/2021. (NEF: Section B) (sa)
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Filing 25
ORDER - IT IS ORDERED that a Settlement Conference is scheduled for WEDNESDAY, DECEMBER 8, 2021, at 2:00 p.m., before Magistrate Judge Donna Phillips Currault. At least two (2) full business days before the conference, each party shall provide a confidential, concise position letter or memorandum no longer than four (4) pages double-spaced, to Chambers via email. It is the duty of the parties to notify my Chambers if this case is continued, settled, or otherwise disposed of prior to the date of the scheduled settlement conference. This settlement conference will be conducted via video-conference. Signed by Magistrate Judge Donna Phillips Currault on 11/18/2021. (NEF: Section B) (sa)
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Filing 24
REPLY to Response to Motion filed by Restoration Hardware, Inc. re #14 MOTION to Dismiss for Failure to State a Claim First Amended Complaint. (jls)
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Filing 23
ORDER GRANTING #22 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss First Amended Complaint. Signed by Judge Ivan L.R. Lemelle on 11/12/2021. (jls)
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Filing 22
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss First Amended Complaint by Restoration Hardware, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Gonski, Kathryn) Modified text on 11/12/2021 (lw).
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Filing 21
RESPONSE/MEMORANDUM in Opposition to re #14 MOTION to Dismiss for Failure to State a Claim First Amended Complaint filed by All Plaintiffs . (Sahuc, Richard) Modified text on 11/10/2021 (pp).
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Filing 20
SCHEDULING ORDER: Final Pretrial Conference set for 9/22/2022 at 10:00 AM before Judge Ivan L.R. Lemelle. Bench Trial set for 10/3/2022 at 9:00 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 8/23/2022. Signed by Judge Ivan L.R. Lemelle on 11/4/2021. (Attachments: #1 Pretrial Notice Form) (dw) (NEF: Magistrate Judge)
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Filing 19
ORDER GRANTING #16 Motion for Extension of Time to File a Reply. IT IS ORDERED that the plaintiffs have until 11/9/2021 to submit an opposition memorandum. The motions will be submitted on 11/10/2021. Signed by Judge Ivan L.R. Lemelle on 11/1/2021. (pp)
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Filing 18
REPLY MEMORANDUM in Support of re #8 MOTION to Dismiss for Failure to State a Claim filed by Restoration Hardware, Inc. (pp)
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Filing 17
ORDER GRANTING #15 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss for Failure to State a Claim. Signed by Judge Ivan L.R. Lemelle on 10/29/2021. (pp)
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Filing 16
EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Failure to State a Claim First Amended Complaint by Tara Shaw, Tara Shaw Designs, Ltd.. (Attachments: #1 Proposed Order)(Sahuc, Richard)
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Filing 15
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss for Failure to State a Claim by Restoration Hardware, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Gonski, Kathryn)
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Filing 14
MOTION to Dismiss for Failure to State a Claim First Amended Complaint by Restoration Hardware, Inc.. Motion(s) will be submitted on 11/10/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Gonski, Kathryn)
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Filing 13
Statement of Corporate Disclosure by Tara Shaw Designs, Ltd. (Sahuc, Richard)
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Filing 12
RESPONSE/MEMORANDUM in Opposition to re #8 MOTION to Dismiss for Failure to State a Claim filed by Tara Shaw, Tara Shaw Designs, Ltd. (Sahuc, Richard) Modified text on 10/18/2021 (pp).
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Filing 11
First AMENDED COMPLAINT against Restoration Hardware, Inc. filed by Tara Shaw, Tara Shaw Designs, Ltd..(Sahuc, Richard)
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Filing 10
Statement of Corporate Disclosure by Restoration Hardware, Inc. identifying Corporate Parent RH for Restoration Hardware, Inc. (Gonski, Kathryn)
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Filing 9
NOTICE: Scheduling Conference set for 11/4/2021 at 9:00 AM before case manager by telephone. Parties are to call in to the conference at the number listed in the Notice. Issued by Clerk. (dw)
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Filing 8
MOTION to Dismiss for Failure to State a Claim by Restoration Hardware, Inc.. Motion(s) will be submitted on 10/27/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Gonski, Kathryn)
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Filing 7
ORDER GRANTING #5 Motion for Extension of Time to File Response/Reply. Restoration Hardware shall have through 9/30/2021, to file an answer or responsive pleading to plaintiff's complaint. Signed by Judge Ivan L.R. Lemelle on 9/13/2021. (pp)
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Filing 6
Correction of Docket Entry by Clerk re #5 MOTION for Extension of Time to File Response/Reply as to #1 Complaint. Document contains incorrect Magistrate Judge Division. All future pleadings must reflect Magistrate Judge Division 2. (lw)
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Filing 5
EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Restoration Hardware, Inc. (Attachments: #1 Proposed Order)Attorney Kathryn Zainey Gonski added to party Restoration Hardware, Inc.(pty:dft).(Gonski, Kathryn) Modified text on 9/7/2021 (lw). (Attachment 1 replaced on 9/8/2021) (lw).
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Filing 4
SUMMONS Returned Executed; Restoration Hardware, Inc. served on 8/18/2021, answer due 9/8/2021. (Sahuc, Richard)
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Filing 3
Summons Issued as to Restoration Hardware, Inc. (pp)
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Filing 2
Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Donna Phillips Currault. (aj)
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Filing 1
COMPLAINT against Restoration Hardware, Inc. (Filing fee $ 402 receipt number ALAEDC-8993822) filed by Tara Shaw, Tara Shaw Designs, Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Richard Thomas Sahuc added to party Tara Shaw(pty:pla), Attorney Richard Thomas Sahuc added to party Tara Shaw Designs, Ltd.(pty:pla).(Sahuc, Richard)
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