Murray v. Grocery Delivery E-Services USA Inc.
| Grace Murray, Amanda Engen, Stephen Bauer, Jeanne Tippett, Robin Tubesing, Nikole Simecek, Michelle Mcosker, Jacqueline Groff and Heather Hall |
| Grocery Delivery E-Services USA Inc. DBA Hello Fresh, Grocery Delivery E-Services USA Inc. and Grocery Delivery E-Services USA Inc. doing business as Hello Fresh |
| Kari Hand Benton, Sarah McDonald and Keith Head |
| 1:2019cv12608 |
| December 30, 2019 |
| US District Court for the District of Massachusetts |
| William G Young |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 120 USCA Judgment as to #111 Notice of Appeal filed by Sarah McDonald (Paine, Matthew)VACATED AND REMANDED |
| Filing 119 OPINION of USCA as to #111 Notice of Appeal filed by Sarah McDonald. (Paine, Matthew) |
| Filing 118 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 117 Transcript of Status Conference held on July 8, 2021, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com. Redaction Request due 3/7/2022. Redacted Transcript Deadline set for 3/17/2022. Release of Transcript Restriction set for 5/16/2022. (Coppola, Katelyn) |
| Filing 116 Judge William G. Young: ELECTRONIC ORDER entered re #114 Motion to Require an Appeal Bond by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. An appeal bond is ordered, but only in the amount of the statutory costs. The parties shall meet and confer and propose an appropriate bond. (Gaudet, Jennifer) |
| Filing 115 Opposition re #114 MOTION for Bond to Require an Appeal Bond filed by Sarah McDonald. (Attachments: #1 Affidavit Declaration of Eric Alan Isaacson in support of Opposition to Require Sarah McDonald to Post a $23,795 Bond)(Isaacson, Eric) |
| Filing 114 MOTION for Bond to Require an Appeal Bond by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Affidavit of Anthony Paronich, #2 Affidavit of Jay Geraci)(Paronich, Anthony) |
| Filing 113 USCA Case Number 21-1931 for #111 Notice of Appeal, filed by Sarah McDonald. (Paine, Matthew) |
| Filing 112 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #111 Notice of Appeal. (Paine, Matthew) |
| Filing 111 NOTICE OF APPEAL as to #108 Judgment by Sarah McDonald Filing fee: $ 505, receipt number AMADC-9053727 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/3/2021. (Isaacson, Eric) |
| Filing 110 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 109 Transcript of Final Approval of Settlement (continued) held on September 29, 2021, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com. Redaction Request due 11/17/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/25/2022. (Coppola, Katelyn) |
| Filing 108 Judge William G. Young: ORDER entered. FINAL JUDGMENT (Paine, Matthew) |
| Filing 107 Judge William G. Young: ORDER entered. FINAL APPROVAL ORDER (Paine, Matthew) |
| Filing 106 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Hearing re Settlement held on 9/29/2021 (by video). The Court announces approval of class action settlement with an amendment of reducing attorneys' fees as explained on the record. Gross settlement fund remains the same. Counsel shall submit a proposed settlement order within 10 days. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Paronich, Strauss and Slaughter for the plaintiff; Attorney Peterson for the defendant and Attorney Isaacson for the objector) (Gaudet, Jennifer) |
| Filing 105 ELECTRONIC NOTICE of Hearing. Hearing re settlement set for 9/29/2021 09:00 AM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 103 STATUS REPORT by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Exhibit 1 - Amendment to the Class Action Settlement Agreement, #2 Exhibit 2 -- Proposed Supplemental Notice, #3 Exhibit 3 -- Jay Geraci Declaration, #4 Exhibit 4 -- FTC Staff Report)(Paronich, Anthony) |
| Filing 104 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 7/8/2021 by video. The parties report that they will submit an amended settlement agreement for the Court' review. Counsel to submit a status report by the end of July. A further hearing to be set for early September. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Paronich and Slaughter for the plaintiffs, Attorney Petersen for the defendant and Attorney Isaacson for the objector) (Gaudet, Jennifer) |
| Filing 102 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 101 Transcript of Final Approval of Settlement (continued) held on June 9, 2021, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com. Redaction Request due 7/15/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/22/2021. (Coppola, Katelyn) |
| Filing 100 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Hearing held on 6/9/2021 by video. The Court rejects the proposed settlement. A status conference is set for July 8, 2021 at 2:00 PM. If no new settlement is reached by this date, the Court will set a new trial schedule. Status Conference set for 7/8/2021 02:00 PM in Remote Proceeding : Boston before Judge William G. Young.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Slaughter and Strauss for the plaintiff; Attorney Petersen for the defendant and Attorney Isaacson for the objector) (Gaudet, Jennifer) |
| Filing 99 MEMORANDUM in Opposition re #70 MOTION for Attorney Fees , Costs, and for Service Award, #93 MOTION to Seal Document Exhibit 3 to Declaration of Stacey Slaughter, #81 MOTION for Final Approval of Class Action Settlement (Response to Plaintiffs' Supplemental Memorandum) filed by Sarah McDonald. (Isaacson, Eric) |
| Filing 98 ELECTRONIC NOTICE OF RESCHEDULING. Hearing set for 6/9/2021 12:00 PM in Remote Proceeding : Boston before Judge William G. Young. TIME CHANGE ONLY.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 97 Notice of Supplemental Authorities re #81 MOTION for Final Approval of Class Action Settlement filed by HelloFresh (Yun, Lisa) |
| Filing 96 Set/Reset Hearings: Hearing set for 6/9/2021 10:00 AM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 95 ELECTRONIC NOTICE of Hearing. Further Hearing set for 6/9/2021 at 10:00 AM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer) |
| Filing 94 Judge William G. Young: ELECTRONIC ORDER entered granting #93 Motion to Seal Exhibit 3 to Declaration of Stacey Slaughter by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Gaudet, Jennifer) |
| Filing 93 MOTION to Seal Document Exhibit 3 to Declaration of Stacey Slaughter by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing.(Slaughter, Stacey) |
| Filing 92 MEMORANDUM in Support re #81 MOTION for Final Approval of Class Action Settlement filed by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Affidavit Declaration of Stacey Slaughter with Exhibits 1-3, #2 Affidavit Declaration of Samuel J. Strauss, #3 Affidavit Declaration of Anthony Paronich)(Slaughter, Stacey) (Additional attachment(s) added on 6/7/2021: #4 Exhibit 3 - FILED UNDER SEAL) (Paine, Matthew). |
| Filing 90 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 89 Transcript of Final Approval of Settlement held on May 11, 2021, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com. Redaction Request due 6/14/2021. Redacted Transcript Deadline set for 6/24/2021. Release of Transcript Restriction set for 8/23/2021. (Coppola, Katelyn) |
| Filing 91 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Fairness Hearing held on 5/11/2021 by video. The Court enters an order denying #77 Motion to Compel; granting #87 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. After hearing counsel, the Court sets schedule for further briefing as to why the representation has been adequate given defensive claims: plaintiffs' brief due 21 days; defendant and objector's briefs are due seven (7) days following the filing of the plaintiffs' brief. The Court notifies counsel that he will gauge attorney fee award on the $8.9 million available to the class. The administrative fees and incentive awards are approved. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Paronich and Slaughter for the plaintiffs and Attorney Petersen for the defendant; Attorney Isaacson for the objector) (Gaudet, Jennifer) |
| Filing 88 ELECTRONIC NOTICE OF RESCHEDULING TO CONFIRM THIS HEARING IS BY VIDEO ONLY. Fairness Hearing set for 5/11/2021 at 2:00 PM in Remote Proceeding : Boston before Judge William G. Young.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 87 MOTION for Leave to File Reply in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Exhibit 1 -- Proposed Reply Brief)(Paronich, Anthony) |
| Filing 86 ELECTRONIC NOTICE issued requesting a PAPER courtesy copy for #85 Memorandum in Opposition to Motion,. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 85 MEMORANDUM in Opposition re #81 MOTION for Final Approval of Class Action Settlement filed by Sarah McDonald. (Attachments: #1 Affidavit Declaration of Eric Alan Isaacson, #2 Exhibit ExA Isaacson short-form cv, #3 Exhibit ExB Vol 1 Krakauer trial transcript excerpt, #4 Exhibit ExC Vol 2 Krakauer trial transcript exceprt, #5 Exhibit ExD Vol 3 Krakauer trial transcript exceprt, #6 Exhibit ExE Vol 4 Krakauer trial transcript excerpt, #7 Exhibit ExF Vol 5 Krakauer trial transcript excerpt, #8 Exhibit ExG Vol 6 Krakauer trial transcript excerpt, #9 Exhibit ExH Vol 7 Krakauer trial transcript excerpt, #10 Exhibit ExI Engen D Minn Docket, #11 Exhibit ExJ Murray D Mass Docket, #12 Exhibit ExK Tippett SDNY Docket, #13 Exhibit ExL Engen 8th Cir Docket, #14 Exhibit ExM Murray 1st Cir Docket, #15 Exhibit ExN HelloFresh SE March 26 2021 stock price, #16 Exhibit ExO HelloFresh SE May 3 2021 stock price, #17 Exhibit ExP HelloFresh March 2 2021 press release, #18 Exhibit ExQ HelloFresah May 4 2021 press release, #19 Exhibit ExR BBC News story on HelloFresh, #20 Exhibit ExS Krakauer [DE264] 3d Stip re class definition, #21 Exhibit ExT Krakauer [DE271] 2d Order modifying class definition, #22 Exhibit ExU FTC Cell Phones and the Do Not Call Registry, #23 Exhibit ExV SSRN on submissions not peer reviewed, #24 Affidavit Certificate of Service)(Isaacson, Eric) |
| Filing 84 AFFIDAVIT in Support re #81 MOTION for Final Approval of Class Action Settlement filed by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Exhibit A)(Yun, Lisa) |
| Filing 83 RESPONSE to Motion re #81 MOTION for Final Approval of Class Action Settlement filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 82 Opposition re #77 MOTION to Compel Limited Discovery from Objector Sarah McDonald filed by Sarah McDonald. (Attachments: #1 Affidavit, #2 Affidavit)(Isaacson, Eric) |
| Filing 81 MOTION for Final Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing.(Slaughter, Stacey) Modified on 4/28/2021 to Correct Docket Text (Paine, Matthew). |
| Filing 80 ELECTRONIC NOTICE issued requesting PAPER courtesy copy for #79 Memorandum in Support of Motion,. Counsel who filed this document are requested to submit a PAPER courtesy copy of this document (or documents) to the Clerk's Office Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) |
| Filing 79 MEMORANDUM in Support re #81 MOTION for Final Approval of Class Action Settlement filed by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Slaughter, Stacey) Modified on 4/28/2021 to Correct Docket Text and CM/ECF Document Linkage (Paine, Matthew). |
| Filing 78 NOTICE by Grocery Delivery E-Services USA Inc. re #77 MOTION to Compel Limited Discovery from Objector Sarah McDonald (Notice of Joinder to Plaintiff's Motion) (Petersen, Shannon) |
| Filing 77 MOTION to Compel Limited Discovery from Objector Sarah McDonald by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Declaration of Samuel J. Strauss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Text of Proposed Order)(Strauss, Samuel) |
| Filing 76 Objection to the Settlement by Keith Head. (Paine, Matthew) |
| Filing 75 OBJECTION of Class Member Sarah McDonald re #70 MOTION for Attorney Fees , Costs, and for Service Award, #71 Memorandum in Support of Motion, #68 Order, Set Hearings, 67 Order on Motion for Settlement, Objection to Proposed Class Action Settlement. (Attachments: #1 Affidavit Declaration of Sarh McDonald in Support of Objection, #2 Supplement Notice of Intent to Appear at May 11, 2021 Fairness Hearing)(Isaacson, Eric) Modified on 3/30/2021 to Correct Docket Text as Counsel Filed the Objection Under the Wrong Event in CM/ECF (Paine, Matthew). |
| Filing 74 Judge William G. Young: ELECTRONIC ORDER entered granting #73 Motion for Leave to Appear Pro Hac Vice. Added Eric Alan Isaacson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 73 First MOTION for Leave to Appear Pro Hac Vice for admission of Eric Alan Isaacson Filing fee: $ 100, receipt number 0101-8695138 by Sarah McDonald. (Attachments: #1 Exhibit Certification, #2 Service)(Havnurkar, Nakul) |
| Filing 72 NOTICE of Appearance by Nakul M. Havnurkar on behalf of Sarah McDonald (Havnurkar, Nakul) |
| Filing 71 MEMORANDUM in Support re #70 MOTION for Attorney Fees , Costs, and for Service Award filed by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Joly, Brenda) |
| Filing 70 MOTION for Attorney Fees , Costs, and for Service Award by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing.(Joly, Brenda) |
| Filing 69 Objection to the Settlement by Kari Hand Benton. (Paine, Matthew) |
| Filing 68 Judge William G. Young: Preliminary Approval Order entered. (Final Approval Hearing set for 5/11/2021 at 2:00 PM in Courtroom 18 before Judge William G. Young.)(Gaudet, Jennifer) |
| Filing 67 Judge William G. Young: ELECTRONIC ORDER entered granting #61 Consent Motion for Preliminary Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. Attorneys' fees will be a portion of the net settlement figure after expenses. (Gaudet, Jennifer) Modified on 12/29/2020 to add language. (Gaudet, Jennifer). |
Filing 66
ORDER of USCA as to #28 Notice of Appeal filed by Grocery Delivery E-Services USA Inc. (Paine, Matthew)The parties' joint motion to remand the case to the district court is granted, and the case is remanded for purposes consistent with the parties' joint motion. Jurisdiction is retained and appellate proceedings remain stayed. Fed. R. App. P. 12.1(b). The parties shall file status reports every thirty days.
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| Filing 65 Supplemental Record on Appeal transmitted to US Court of Appeals re #28 Notice of Appeal, Documents included: ECF No. 64 Order (Paine, Matthew) |
| Filing 64 Judge William G. Young: ORDER entered granting #62 Joint Motion Requesting an Indicative Ruling Regarding Plaintiffs' Motion for Preliminary Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Gaudet, Jennifer) |
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Filing 63
ORDER of USCA as to #28 Notice of Appeal filed by Grocery Delivery E-Services USA Inc. (Paine, Matthew)
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| Filing 62 Joint MOTION for Order to Request an Indicative Ruling Regarding Plaintiffs' Motion for Preliminary Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Text of Proposed Order)(Paronich, Anthony) |
| Filing 61 Consent MOTION for Settlement Preliminary Approval of Class Action Settlement by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing. (Attachments: #1 Exhibit 1 -- Class Action Settlement Agreement, #2 Exhibit 2 -- Affidavit of Anthony Paronich, #3 Exhibit 3 -- Affidavit of Stacey Slaughter, #4 Errata 4 -- Affidavit of Samuel Strauss, #5 Exhibit 5 -- Proposed Preliminary Approval Order)(Paronich, Anthony) |
| Filing 60 NOTICE by Stephen Bauer, Amanda Engen, Jacqueline Groff, Heather Hall, Michelle Mcosker, Grace Murray, Nikole Simecek, Jeanne Tippett, Robin Tubesing re #59 Amended Complaint (Paronich, Anthony) |
| Filing 59 AMENDED COMPLAINT First against Grocery Delivery E-Services USA Inc., filed by Grace Murray, Amanda Engen, Stephen Bauer, Jeanne Tippett, Robin Tubesing, Nikole Simecek, Michelle Mcosker, Jacqueline Groff, Heather Hall.(Paronich, Anthony) |
| Filing 58 Judge William G. Young: ELECTRONIC ORDER entered denying #57 Motion for Leave to File Excess Pages (Paine, Matthew) |
| Filing 57 Consent MOTION for Leave to File Excess Pages in Filing Plaintiff's Motion for Preliminary Approval of Class Action Settlement by Grace Murray.(Paronich, Anthony) |
| Filing 56 Judge William G. Young ELECTRONIC ORDER entered: ALLOWED re #48 STIPULATION re Confidentiality Agreement and Request for Protective Order filed by Grocery Delivery E-Services USA Inc. (Paine, Matthew) |
| Filing 55 Judge William G. Young: ELECTRONIC ORDER entered granting #49 Motion to Compel Defendant to Identify the Third-Party Calling Vendors Disclosed in their Calling Data. Discovery to be furnished within 30 days of the date of this order. (Gaudet, Jennifer) |
| Filing 54 REPLY to Response to #49 MOTION to Compel Defendant to Identify the Third-Party Calling Vendors Disclosed in their Calling Data filed by Grace Murray. (Paronich, Anthony) |
| Filing 53 Judge William G. Young: ELECTRONIC ORDER entered granting #52 MOTION for Leave to File Reply in Support of Motion to Compel Defendant to Identify Calling Vendors (Unopposed); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew) |
| Filing 52 MOTION for Leave to File Reply in Support of Motion to Compel Defendant to Identify Calling Vendors (Unopposed) by Grace Murray.(Joly, Brenda) |
| Filing 51 AFFIDAVIT in Opposition re #49 MOTION to Compel Defendant to Identify the Third-Party Calling Vendors Disclosed in their Calling Data filed by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yun, Lisa) |
| Filing 50 MEMORANDUM in Opposition re #49 MOTION to Compel Defendant to Identify the Third-Party Calling Vendors Disclosed in their Calling Data filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 49 MOTION to Compel Defendant to Identify the Third-Party Calling Vendors Disclosed in their Calling Data by Grace Murray. (Attachments: #1 Exhibit 1 -- Declaration of Anthony Paronich, #2 Text of Proposed Order)(Paronich, Anthony) |
| Filing 48 STIPULATION re Confidentiality Agreement and Request for Protective Order by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 47 Judge William G. Young: ELECTRONIC ORDER entered granting #46 Motion for Leave to Appear Pro Hac Vice. Added Lisa S. Yun. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice for admission of Lisa Yun Filing fee: $ 100, receipt number 0101-8249971 by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Declaration of Lisa Yun, #2 Certificate of Good Standing)(Lewis, Lisa) |
| Filing 45 Supplemental Record on Appeal transmitted to US Court of Appeals re #28 Notice of Appeal Documents included: ECF No. 44 (Paine, Matthew) |
| Filing 44 Judge William G. Young: ORDER entered. MEMORANDUM OF DECISION (Sonnenberg, Elizabeth) |
| Filing 43 NOTICE of Appearance by William T. Harrington on behalf of Grocery Delivery E-Services USA Inc. (Harrington, William) |
| Filing 42 ELECTRONIC NOTICE of Hearing. Ready for Trial on 4/5/2021 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 41 ANSWER to #1 Complaint, by Grocery Delivery E-Services USA Inc..(Petersen, Shannon) |
| Filing 40 Judge William G. Young: ELECTRONIC ORDER entered re #39 JOINT STATEMENT re scheduling conference. Discovery to be completed by 12/16/2020: Summary Judgment Motions due by 1/4/2021; Joint Pretrial memorandum due on 3/1/2021. (Gaudet, Jennifer) |
| Filing 39 JOINT STATEMENT re scheduling conference . (Paronich, Anthony) |
| Filing 38 Judge William G. Young: ELECTRONIC ORDER entered denying #36 Motion to Stay Action Pending Appeal by Grocery Delivery E-Services USA Inc. The claim for arbitration borders on the frivolous. (Gaudet, Jennifer) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Stay Action Pending Appeal filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 36 MOTION to Stay Action Pending Appeal by Grocery Delivery E-Services USA Inc..(Petersen, Shannon) |
| Filing 35 Supplemental Record on Appeal transmitted to US Court of Appeals re #28 Notice of Appeal Documents included: ECF Nos. 32 and 33 (Paine, Matthew) |
| Filing 34 USCA Case Number 20-1492 for #28 Notice of Appeal filed by Grocery Delivery E-Services USA Inc.. (Paine, Matthew) |
| Filing 32 Judge William G. Young: ELECTRONIC ORDER entered vacating #30 Order Dismissing Case. This order was entered in error. (Gaudet, Jennifer) |
| Filing 31 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #28 Notice of Appeal. (Paine, Matthew) |
| Filing 28 NOTICE OF APPEAL 29 Electronic Clerk's Notes/Order, #30 Order of Dismissal by Grocery Delivery E-Services USA Inc. Filing fee: $ 505, receipt number 0101-8214923 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/18/2020. (Petersen, Shannon) (Modified on 4/28/2020 to Correct Docket Text and Add CM/ECF Documents Links to Orders Being Appealed) (Paine, Matthew). |
| Filing 27 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 26 Transcript of Motion to Compel Arbitration (Zoom Video Conference) held on April 22, 2020, before Judge William G. Young. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Richard Romanow at bulldog@richromanow.com Redaction Request due 5/18/2020. Redacted Transcript Deadline set for 5/28/2020. Release of Transcript Restriction set for 7/27/2020. (Scalfani, Deborah) |
| Filing 25 NOTICE by Grocery Delivery E-Services USA Inc. of Final Order Denying Motion to Compel Arbitration (Petersen, Shannon) |
| Filing 33 Judge William G. Young: ORDER entered denying #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc. (Gaudet, Jennifer) |
| Filing 30 Judge William G. Young: ORDER entered. ORDER DISMISSING CASE.(Gaudet, Jennifer) |
| Filing 29 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 4/22/2020 by video re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc. After hearing arguments of counsel, the Court enters an order denying #9 Motion to Compel. Counsel shall file a joint proposed case management schedule within two weeks with the case ready for trial as of April 2021. Any motions for summary judgment shall be filed no later than 1/2/2021. All other deadlines to be worked out among counsel. An opinion to amplify this oral decision will enter, though the appeal clock shall begin on this date. The Court inquires of any questions of counsel. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys Paronich and Slaughter for the plaintiff, Attorney Petersen for the defendant) (Gaudet, Jennifer) |
| Filing 24 ELECTRONIC NOTICE Resetting Hearing on Motion #9 MOTION to Compel Arbitration: Motion Hearing reset for 4/22/2020 at 10:00 AM by video before Judge William G. Young. Time change only.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html a>. For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Gaudet, Jennifer) |
| Filing 23 NOTICE of Appearance by Brenda L. Joly on behalf of Grace Murray (Joly, Brenda) |
| Filing 22 Notice of Supplemental Authorities re #9 MOTION to Compel Arbitration (Attachments: #1 Exhibit 1 -- Engen v. Grocery Delivery E-Services USA Inc. d/b/a Hello Fresh., Civil Action No. 19-cv-2433, Dkt. 44 (D. MN. April 10, 2020))(Paronich, Anthony) |
| Filing 21 Judge William G. Young: ELECTRONIC ORDER entered granting #20 Motion for Leave to Appear Pro Hac Vice. Added Stacey Slaughter. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 20 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Stacey P. Slaughter Filing fee: $ 100, receipt number 0101-8159476 by Grace Murray. (Attachments: #1 Affidavit of Stacey P. Slaughter, #2 Exhibit Certificates of Good Standing)(Paronich, Anthony) |
| Filing 19 ELECTRONIC NOTICE Setting Hearing on Motion #9 MOTION to Compel Arbitration : Motion Hearing set for 4/22/2020 02:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 18 AFFIDAVIT of Grace Murray in Opposition re #9 MOTION to Compel Arbitration filed by Grace Murray. (Paronich, Anthony) (Additional attachment(s) added on 3/2/2020: #1 Exhibit A) (Paine, Matthew). (Main Document 18 replaced on 3/2/2020) (Paine, Matthew). |
| Filing 17 Opposition re #9 MOTION to Compel Arbitration filed by Grace Murray. (Paronich, Anthony) |
| Filing 16 Judge William G. Young: ELECTRONIC ORDER entered granting #15 Motion for Leave to Appear Pro Hac Vice. Added Samuel J. Strauss. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice for admission of Samuel J. Strauss Filing fee: $ 100, receipt number 0101-8130602 by Grace Murray. (Attachments: #1 Exhibit Certification of Sam Strauss in Support of Motion)(Paronich, Anthony) |
| Filing 14 AFFIDAVIT of Luca Fiaschi in Support re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 13 AFFIDAVIT of Andre Romao in Support re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Petersen, Shannon) |
| Filing 12 AFFIDAVIT of Anne Meininghaus in Support re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Petersen, Shannon) |
| Filing 11 AFFIDAVIT of Shannon Petersen in Support re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Compel Arbitration filed by Grocery Delivery E-Services USA Inc.. (Petersen, Shannon) |
| Filing 9 MOTION to Compel Arbitration by Grocery Delivery E-Services USA Inc..(Petersen, Shannon) |
| Filing 8 Judge William G. Young: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice. Added Shannon Z. Petersen. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Paine, Matthew) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Shannon Z. Petersen Filing fee: $ 100, receipt number 0101-8071194 by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Declaration of Shannon Z. Petersen, #2 Certificate of Good Standing)(Lewis, Lisa) |
| Filing 6 Judge William G. Young: ELECTRONIC ORDER entered granting #5 Assented to Motion for Extension of Time to Answer or Otherwise Respond. Grocery Delivery E-Services USA Inc. answe/response due 2/14/2020. (Paine, Matthew) |
| Filing 5 Assented to MOTION for Extension of Time to February 14, 2020 to File Answer re #1 Complaint, or Otherwise Respond by Grocery Delivery E-Services USA Inc.. (Attachments: #1 Stipulation)(Lewis, Lisa) |
| ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $400.00 paid on 12/30/2019, receipt number 0101-8032803. (Tran, Henry) |
| Filing 4 SUMMONS Returned Executed Grocery Delivery E-Services USA Inc. served on 12/31/2019, answer due 1/21/2020. (Paronich, Anthony) (Main Document 4 replaced on 1/6/2020) (Paine, Matthew). |
| Filing 3 Summons Issued as to Grocery Delivery E-Services USA Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 1 COMPLAINT against Grocery Delivery E-Services USA Inc. DBA Hello Fresh Filing fee: $ 400, receipt number 0101-8032804 (Fee Status: Filing Fee paid), filed by Grace Murray. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Civil Category Form)(Paronich, Anthony) |
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