MUCCIARIELLO v. VIATOR, INC. et al
| KARI MUCCIARIELLO |
| VIATOR, INC. and TRIPADVISOR LLC |
| arbtre |
| 1:2019cv12041 |
| October 1, 2019 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Patti B Saris |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered re #36 Joint Letter/Request for Extension of Time. Allowed. Plaintiff shall file Motion for pro hace vice and a Motion to compel by 12/6/19; Defense will file supplemental documents (no more than 5 pages) by 12/6/19; Defense Opposition to Plaintiff Motion to compel due by 12/26/19. (Lara, Miguel) |
| Filing 36 Joint Letter/request (non-motion) from Rachel F. Strom . (Strom, Rachel) |
| Filing 35 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 10/29/2019. ORDERED: Plaintiff shall file Motion for pro hace vice and a Motion to compel by 11/15/19; Defense will file supplemental documents (no more than 5 pages) by 11/15/19; Defense Opposition to Plaintiff Motion to compel due by 12/4/19. Motion to Dismiss under advisement. Parties are encourage to continue with settlement discussions.(Atty Gadhok by telephone) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 34 Letter/request (non-motion) from Plaintiff re Status Conference. (Lara, Miguel) |
| Filing 33 Defendants' Letter/request (non-motion) from Rachel Strom dated October 25, 2019 to Chief Judge Patti B. Saris Re: Order issued by the District Court for the District of New Jersey on October 23, 2019. (Strom, Rachel) |
| Filing 32 ELECTRONIC NOTICE of Hearing. Status Conference set for 10/29/2019 10:45 AM in Courtroom 19 before Chief Judge Patti B. Saris. Please mark your calendars accordingly. (Lara, Miguel) |
| Filing 31 Letter/request (non-motion) from Rachel Strom . (Strom, Rachel) |
| Filing 30 ELECTRONIC NOTICE of Case Re-Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 29 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Strom, Rachel) |
| Filing 28 ELECTRONIC NOTICE TO COUNSEL: A notification form indicating whether or not the parties have consented or refused to proceed before a U.S. Magistrate Judge has not been received in the Clerk's Office. The submission of the form is mandatory. A completed form shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Russo, Noreen) |
| Filing 27 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 26 Case transferred in from District of New Jersey; Case Number 3:18-cv-14444. |
Filing 25
ORDER that Defendants #14 Motion to Dismiss and #16 Motion for Sanctions are DENIED. It is further Ordered that Defendants' Motion to transfer this action to the U.S. District Court for the District of Massachusetts, Boston Vicinage, is GRANTED. Signed by Chief Judge Freda L. Wolfson on 09/27/2019. (jmh)
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| Filing 24 OPINION filed. Signed by Chief Judge Freda L. Wolfson on 09/27/2019. (jmh) |
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Filing 23
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice as to James Rosenfeld. Signed by Magistrate Judge Douglas E. Arpert on 4/23/2019. (km)
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| Filing 22 DECLARATION of James Rosenfeld re #21 MOTION for Leave to Appear Pro Hac Vice Corrected by TRIPADVISOR LLC, VIATOR, INC.. (BROUNELL, GEOFFREY) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice by TRIPADVISOR LLC, VIATOR, INC.. (Attachments: #1 Declaration, #2 Declaration, #3 (Proposed) Order, #4 Certificate of Service)(BROUNELL, GEOFFREY) |
| CLERK'S QUALITY CONTROL MESSAGE - The Declaration of James Rosenfield submitted by Geoffrey Brounell on 4/3/2019 contains an improper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mmh) |
| Set Deadlines as to #21 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/6/2019 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| Filing 20 REPLY BRIEF to Opposition to Motion filed by TRIPADVISOR LLC, VIATOR, INC. re #16 MOTION for Sanctions (Attachments: #1 Certificate of Service)(BROUNELL, GEOFFREY) |
| Filing 19 REPLY BRIEF to Opposition to Motion filed by TRIPADVISOR LLC, VIATOR, INC. re #14 MOTION to Dismiss (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(BROUNELL, GEOFFREY) |
| Filing 18 MEMORANDUM in Opposition filed by KARI MUCCIARIELLO re #16 MOTION for Sanctions (GADHOK, RAJ) |
| Filing 17 MEMORANDUM in Opposition filed by KARI MUCCIARIELLO re #14 MOTION to Dismiss (Attachments: #1 Declaration Counsel Declaration, #2 Declaration Client Declaration)(GADHOK, RAJ) |
| Filing 16 MOTION for Sanctions by TRIPADVISOR LLC, VIATOR, INC.. (Attachments: #1 Brief, #2 Declaration, #3 Declaration, #4 (Proposed) Order, #5 Certificate of Service)(BROUNELL, GEOFFREY) |
| Set Deadlines as to #16 MOTION for Sanctions . Motion set for 4/1/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| Reset Deadlines as to #14 MOTION to Dismiss . Motion reset for 4/1/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| Filing 15 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by KARI MUCCIARIELLO re #14 MOTION to Dismiss (GADHOK, RAJ) |
| Set Deadlines as to #14 MOTION to Dismiss. Motion set for 3/18/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) |
| Filing 14 MOTION to Dismiss by TRIPADVISOR LLC, VIATOR, INC.. (Attachments: #1 Memorandum of Law in Support, #2 Declaration, #3 Exhibit A, #4 (Proposed) Order, #5 (Proposed) Order, #6 (Proposed) Order, #7 Certificate of Service)(BROUNELL, GEOFFREY) |
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Filing 13
ORDER that Defendants' time to respond to the Complaint is extended up to and including 2/11/2019. Signed by Magistrate Judge Douglas E. Arpert on 1/01/2019. (mmh)
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Filing 12
ORDER that Defendants' time to respond to Plaintiff's Complaint is extended up to and including 2/11/2019. Signed by Magistrate Judge Douglas E. Arpert on 1/9/2019. (mmh)
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| Filing 11 APPLICATION/PETITION for extension of time to answer, move, or otherwise reply for by TRIPADVISOR LLC, VIATOR, INC.. (BROUNELL, GEOFFREY) |
| CLERK'S QUALITY CONTROL MESSAGE - The #11 Application and Proposed Consent Order submitted by Geoffrey Brounell on 1/9/2019 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. This submission will remain on the docket unless otherwise ordered by the court. (mmh) |
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Filing 10
ORDER that the time for Defendants' to respond to Plaintiff's complaint is extended up to and including 1/11/2019. Signed by Magistrate Judge Douglas E. Arpert on 12/6/2018. (mmh)
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| Filing 9 APPLICATION/PETITION for extension of time to answer, move, or otherwise reply for by TRIPADVISOR LLC, VIATOR, INC.. (BROUNELL, GEOFFREY) |
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Filing 8
ORDER that the time for Defendants Viator, Inc. and Tripadvisor, LLC to respond to the Complaint is extended to 12/10/2018. Signed by Magistrate Judge Douglas E. Arpert on 11/9/2018. (mmh)
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| Filing 7 APPLICATION/PETITION for by TRIPADVISOR LLC, VIATOR, INC.. (BROUNELL, GEOFFREY) |
| CLERK'S QUALITY CONTROL MESSAGE - The #6 Application for an Extension of Time to Answer filed by Geoffrey Brounell on 11/7/2018 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE the Application USING Application/Petition found under Civil - Other Filings - Other Documents. In the alternative, if Counsel wishes to have this request handled as a motion, please submit a proper of Notice of Motion and necessary supporting documentation. This submission will remain on the docket unless otherwise ordered by the court. (mmh) |
| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint up to and including December 10, 2018. by TRIPADVISOR LLC, VIATOR, INC.. (BROUNELL, GEOFFREY) |
| Filing 5 NOTICE of Appearance by GEOFFREY STUART BROUNELL on behalf of TRIPADVISOR LLC, VIATOR, INC. (BROUNELL, GEOFFREY) |
| Filing 4 SUMMONS Returned Executed by KARI MUCCIARIELLO. VIATOR, INC. served on 10/9/2018, answer due 11/9/2018. (GADHOK, RAJ) |
| Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Tripadvisor, LLC and Viator, Inc.. Attorney MICHAEL STEWART SCHWARTZ for TRIPADVISOR LLC,MICHAEL STEWART SCHWARTZ for VIATOR, INC. added. (SCHWARTZ, MICHAEL) |
| Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by TRIPADVISOR LLC, VIATOR, INC. has been GRANTED. The answer due date has been set for 11/9/2018. (mmh) |
| Filing 2 SUMMONS ISSUED as to TRIPADVISOR LLC, VIATOR, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jem) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The Complaint submitted by Raj Gadhok, Esq. on 9/28/2018 appears to have address information as to Raj Gadhok, Esq. that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (jem) |
| CASE REFERRED to Arbitration. (jem) |
| Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (jem) |
| Filing 1 COMPLAINT against TRIPADVISOR LLC, VIATOR, INC. ( Filing and Admin fee $ 400 receipt number 0312-9058399) with JURY DEMAND, filed by KARI MUCCIARIELLO.(GADHOK, RAJ) |
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