Piper et al v. The Talbots Inc.
| Brenda Ruark, Lois Piper, Melissa Register, Yvette Robinson and Cheryl Evans |
| The Talbots Inc. |
| 1:2020cv10297 |
| February 14, 2020 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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| Filing 54 STIPULATION of Dismissal by Lois Piper. (Fraietta, Philip) |
| Filing 53 Judge Nathaniel M. Gorton: ORDER entered ALLOWING #52 Joint MOTION for Extension of Time to Complete Discovery and Brief Dispositive Motions. Discovery to be completed by 2/15/2022. Motions due by 4/12/2022 (Warnock, Douglas) |
| Filing 52 Joint MOTION for Extension of Time to 5/10/22 to Complete Discovery and Brief Dispositive Motions by The Talbots Inc..(Brann, Peter) Modified event type on 12/6/2021 (Warnock, Douglas). |
| Filing 51 STIPULATION of Dismissal by Cheryl Evans, Melissa Register, Yvette Robinson, Brenda Ruark. (Fraietta, Philip) |
| Filing 50 Judge Nathaniel M. Gorton: ORDER entered ALLOWED #49 Joint MOTION for Extension of Time to extend deadlines. (McDonagh, Christina) |
| Filing 49 Joint MOTION for Extension of Time to extend deadlines by Lois Piper.(Godkin, David) |
| Filing 48 Judge Nathaniel M. Gorton: ORDER entered. PROTECTIVE ORDER. (Vieira, Leonardo) |
| Filing 47 Judge Nathaniel M. Gorton: ORDER entered ALLOWING #46 Motion for Protective Order (Vieira, Leonardo) |
| Filing 46 Joint MOTION for Protective Order by The Talbots Inc.. (Attachments: #1 Exhibit Proposed Protective Order)(Stitham, Stacy) |
| Filing 45 ANSWER to #42 Amended Complaint by The Talbots Inc..(Stitham, Stacy) |
| Filing 44 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #43 Motion for Leave to Appear Pro Hac Vice Added Surya Kundu. 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. (Vieira, Leonardo) |
| Filing 43 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Surya Kundu Filing fee: $ 100, receipt number 0101-8779534 by The Talbots Inc.. (Attachments: #1 Exhibit Cerftification of Surya Kundu)(Stitham, Stacy) |
| Filing 42 AMENDED COMPLAINT [SECOND] against The Talbots Inc., filed by Lois Piper, Brenda Ruark. (Attachments: #1 Exhibit A, #2 Exhibit B)(Godkin, David) |
| Filing 41 Judge Nathaniel M. Gorton: ORDER entered: ALLOWING #40 Motion to Amend. 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. (Vieira, Leonardo) Modified on 5/6/2021 to fix docket text (Vieira, Leonardo). |
| Filing 40 MOTION to Amend Unopposed by Lois Piper, Brenda Ruark. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Fraietta, Philip) |
| Filing 39 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 4/15/2021. Automatic Discovery to be completed by 4/15/21; Amendments and/or Supplements to the Pleadings due by 5/7/2021; written discovery to be served by 6/30/21, answered by 7/31/21; all fact Discovery to be completed by 10/8/2021; dispositive Motions due by 11/5/2021, oppositions by 12/3/21; replies (only with leave of Court) by 12/17/21. Court will decide the Motion for Summary Judgment by 2/28/22. If the case survives, the parties are to meet and confer an file a proposed scheduling order for going forward with proposed certification of class and remaining discovery by 3/31/22. (Court Reporter: No Court Reporter Used.)(Attorneys present: Fraietta, Brann, Sheridan) (Lima, Christine) |
| Filing 38 JOINT STATEMENT re scheduling conference . (Fraietta, Philip) |
| Filing 37 NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 4/15/2021 11:15 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 36 ANSWER to #18 Amended Complaint by The Talbots Inc..(Brann, Peter) |
| Filing 35 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #34 Motion for Extension of Time to Answer re #18 Amended Complaint The Talbots Inc. answer due 2/22/2021. (Vieira, Leonardo) |
| Filing 34 Assented to MOTION for Extension of Time to 02/22/2021 to File Answer re #18 Amended Complaint by The Talbots Inc..(Brann, Peter) |
| Filing 33 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #32 Motion for Leave to Appear Pro Hac Vice Added Jamie N. Witte. 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. (Vieira, Leonardo) |
| Filing 32 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jamie Noonan Witte Filing fee: $ 100, receipt number 0101-8579801 by The Talbots Inc.. (Attachments: #1 Affidavit PHV Certification)(Brann, Peter) |
| Filing 31 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #30 Motion for Extension of Time to Answer re #18 Amended Complaint The Talbots Inc. answer due 1/22/2021. (Vieira, Leonardo) |
| Filing 30 Assented to MOTION for Extension of Time to 1/22/2021 to File Answer re #18 Amended Complaint by The Talbots Inc..(Brann, Peter) |
| Filing 29 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, defendant's motion to dismiss the first amended complaint for failure to state a claim (Docket No. #19 ) is, with respect to plaintiffs claim for unjust enrichment (Count II), ALLOWED but otherwise DENIED. Plaintiff' claim for unjust enrichment is dismissed.So ordered.(Vieira, Leonardo) |
| Filing 28 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered finding as moot #12 Motion to Dismiss for Failure to State a Claim, in light of the filing of the Amended Complaint and DN 19, Motion to Dismiss. (Lima, Christine) |
| Filing 27 REPLY to Response to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by The Talbots Inc.. (Attachments: #1 Exhibit Exhibit C to Complaint, Wheaton v. Apple Inc., Case No. 3:19-cv-02883-WHA, Dkt. No 1-3 (N.D. Cal, May 24, 2019))(Stitham, Stacy) |
| Filing 26 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #25 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. (Vieira, Leonardo) |
| Filing 25 Assented to MOTION for Leave to File Reply Brief on Motion to Dismiss by The Talbots Inc..(Brann, Peter) |
| Filing 24 MEMORANDUM in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by Lois Piper, Brenda Ruark. (Fraietta, Philip) |
| Filing 23 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #22 Motion for Extension of Time to File Response/Reply re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint. Responses due by 7/15/2020. (Vieira, Leonardo) |
| Filing 22 Consent MOTION for Extension of Time to July 15, 2020 to File Response/Reply as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint, #21 Request for Judicial Notice, #20 Memorandum in Support of Motion by Lois Piper, Brenda Ruark.(Arisohn, Joshua) |
| Filing 21 Request for Judicial Notice by The Talbots Inc.. (Attachments: #1 Exhibit A - NextMark FAQ, #2 Exhibit B - Talbots Classic Awards)(Brann, Peter) |
| Filing 20 MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint filed by The Talbots Inc.. (Brann, Peter) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM First Amended Complaint by The Talbots Inc..(Brann, Peter) |
| Filing 18 AMENDED COMPLAINT FIRST against The Talbots Inc., filed by Lois Piper, Brenda Ruark. (Attachments: #1 Exhibit A, #2 Exhibit B)(Godkin, David) |
| Filing 17 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #15 Motion for Leave to Appear Pro Hac Vice Added Joshua D. Arisohn and Philip L. Fraietta. 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. (Vieira, Leonardo) |
| Filing 16 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #11 Motion for Leave to Appear Pro Hac Vice Added Anthony J. Anscombe, Stephanie A. Sheridan and Meegan B. Brooks. 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. (Vieira, Leonardo) |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Joshua D. Arisoh, Philip L. Fraietta Filing fee: $ 200, receipt number 0101-8257162 by Lois Piper, Brenda Ruark. (Attachments: #1 Exhibit A, #2 Exhibit B)(Godkin, David) |
| Filing 14 Request for Judicial Notice by The Talbots Inc.. (Attachments: #1 Exhibit NextMark FAQs, #2 Affidavit Declaration of Meegan Brooks)(Stitham, Stacy) |
| Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION TO STRIKE CLASS ALLEGATIONS FROM COMPLAINT filed by The Talbots Inc.. (Stitham, Stacy) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, MOTION TO STRIKE CLASS ALLEGATIONS FROM COMPLAINT by The Talbots Inc..(Stitham, Stacy) |
| Filing 11 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Anthony Anscombe, Meegan Brooks, and Stephanie Sheridan Filing fee: $ 300, receipt number 0101-8250074 by The Talbots Inc.. (Attachments: #1 Exhibit Certification of Anscombe, #2 Exhibit Certification of Brooks, #3 Exhibit Certification of Sheridan)(Stitham, Stacy) |
| Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #9 Motion for Extension of Time to Answer re #1 Complaint, The Talbots Inc. Answer due 5/21/2020. (Vieira, Leonardo) |
| Filing 9 Assented to MOTION for Extension of Time to File Answer re #1 Complaint, by The Talbots Inc..(Brann, Peter) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by The Talbots Inc.. (Brann, Peter) |
| Filing 7 NOTICE of Appearance by Stacy O. Stitham on behalf of The Talbots Inc. (Stitham, Stacy) |
| Filing 6 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #5 Motion for Extension of Time to Answer re #1 Complaint, The Talbots Inc. Answer due 4/21/2020. (Vieira, Leonardo) |
| Filing 5 Assented to MOTION for Extension of Time to File Answer re #1 Complaint, by The Talbots Inc..(Brann, Peter) |
| Filing 4 SUMMONS Returned Executed The Talbots Inc. served on 2/18/2020, answer due 3/10/2020. (Godkin, David) |
| Filing 3 Summons Issued as to The Talbots 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. (McDonagh, Christina) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton 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 Judith G. Dein. (Finn, Mary) |
| Filing 1 COMPLAINT (Class Action) against The Talbots Inc. Filing fee: $ 400, receipt number 0101-8109031 (Fee Status: Filing Fee paid), filed by Lois Piper, Brenda Ruark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Category form)(Godkin, David) |
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