Offley v. Fashion Nova, LLC
| Amanda Offley, Jamie Dumelle, Lucy Massa and Kerry Hines |
| Fashion Nova, LLC |
| 1:2022cv10603 |
| April 21, 2022 |
| U.S. District Court for the District of Massachusetts |
| Indira Talwani |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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| Filing 49 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Defendant's Motion [Doc. No. #30 ] is GRANTED as to Count II (Fla. Stat. ยง 502.201) and DENIED as to the remaining claims.IT IS SO ORDERED. Please see attached. (Kelly, Danielle) |
| Filing 48 Response by Fashion Nova, LLC to #46 Notice of Supplemental Authorities, . (Pirozzolo, Jack) |
| Filing 47 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. The Motion [Doc. No. 30] is DENIED as to the request to compel arbitration and remains under advisement as to the request to dismiss the action. IT IS SO ORDERED. Please see attached.(Dore, Samantha) |
| Filing 46 Notice of Supplemental Authorities re #30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint (Attachments: #1 Exhibit Exhibit 1 - District of Columbia v. SmileDirectClub)(Reardon, James) |
| Filing 45 Judge Indira Talwani: ELECTRONIC ORDER granting #44 Assented to Motion for Leave to Appear Pro Hac Vice Added Jonathan L. Wollach. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 44 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan L. Wollach Filing fee: $ 100, receipt number AMADC-9533046 by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley. (Attachments: #1 Exhibit Certification of Jonathan L. Wolloch)(Reardon, James) |
| Filing 43 REPLY to Response to #30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint filed by Fashion Nova, LLC. (Pirozzolo, Jack) |
| Filing 42 EXHIBIT re #40 Request for Judicial Notice / Exhibit D by Fashion Nova, LLC. (Pirozzolo, Jack) |
| Filing 41 DECLARATION / Supplemental Declaration of Roger Satur by Fashion Nova, LLC. (Pirozzolo, Jack) |
| Filing 40 Request for Judicial Notice in Support of Motion to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint by Fashion Nova, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pirozzolo, Jack) |
| Filing 39 Judge Indira Talwani: ELECTRONIC ORDER granting #38 Motion for Leave to File a Reply Brief in Support of Defendant's Motion to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint. 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. (Kelly, Danielle) |
| Filing 38 MOTION for Leave to File a Reply Brief in Support of Defendant's Motion to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint by Fashion Nova, LLC. (Attachments: #1 Text of Proposed Order)(Pirozzolo, Jack) |
| Filing 37 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley re #35 Memorandum in Opposition to Motion, #36 Declaration, . (Roberts, Max) |
| Filing 36 DECLARATION re #35 Memorandum in Opposition to Motion Declaration of Max S. Roberts in Opposition to Motion by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley. (Attachments: #1 Exhibit 1 - Fashion Nova Prior Terms of Service)(Roberts, Max) |
| Filing 35 MEMORANDUM in Opposition re #30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint filed by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley. (Roberts, Max) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT by Fashion Nova, LLC. (Pirozzolo, Jack) |
| Filing 33 AFFIDAVIT of Roger Satur in Support re #30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint (Declaration of Roger Satur) filed by Fashion Nova, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Pirozzolo, Jack) |
| Filing 32 Request for Judicial Notice in Support of Defendant Fashion Nova, LLC's Motion to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint by Fashion Nova, LLC. (Attachments: #1 Exhibit A - FTC Decision and Order, #2 Exhibit B - Proposed Order)(Pirozzolo, Jack) |
| Filing 31 MEMORANDUM in Support re #30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint filed by Fashion Nova, LLC. (Pirozzolo, Jack) |
| Filing 30 MOTION to Compel Arbitration and Stay Action or, in the Alternative, Dismiss the Complaint by Fashion Nova, LLC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Proposed Order)(Pirozzolo, Jack) |
| Filing 29 Judge Indira Talwani: ELECTRONIC ORDER granting #28 Assented to Motion for Leave to File Excess Pages. Defendant and Plaintiffs may file memoranda supporting or opposing Defendant's response to the Consolidated Amended Class Action Complaint of up to 30 pages each. The memoranda shall include a table of cases and table of authorities that need not count towards the page limit. (Kelly, Danielle) |
| Filing 28 Assented to MOTION for Leave to File Excess Pages by Fashion Nova, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Pirozzolo, Jack) |
| Filing 27 Judge Indira Talwani: ELECTRONIC ORDER granting #23 Assented to Motion for Leave to Appear Pro Hac Vice Added Max S. Roberts. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle) |
| Filing 26 Judge Indira Talwani: ELECTRONIC ORDER granting #22 Assented to Motion for Leave to Appear Pro Hac Vice Added Rachel L. Miller. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 25 Judge Indira Talwani: ELECTRONIC ORDER granting #21 Assented to Motion for Leave to Appear Pro Hac Vice Added L. Timothy Fisher. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle) |
| Filing 24 Judge Indira Talwani: ELECTRONIC ORDER granting Defendant's assented-to Motion to Extend Time #19 . The deadline for the parties to conduct their Rule 26(f) conference under the Federal Rules of Civil Procedure is extended to 15 days after the court issues a decision on Defendant's anticipated motion to dismiss (or if no motion to dismiss is filed, 15 days after Defendant answers Plaintiffs' Consolidated Class Action Complaint #18 ). (Kelly, Danielle) |
| Filing 23 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Max S. Roberts Filing fee: $ 100, receipt number AMADC-9415989 by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley.(Reardon, James) (Additional attachment(s) added on 7/19/2022: #1 Certification of Attorney Max S. Roberts) (Kelly, Danielle). (Main Document 23 replaced on 7/19/2022) (Kelly, Danielle). |
| Filing 22 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Rachel L. Miller Filing fee: $ 100, receipt number AMADC-9415988 by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley.(Reardon, James) (Additional attachment(s) added on 7/19/2022: #1 Certification of Attorney Rachel L. Miller) (Kelly, Danielle). (Main Document 22 replaced on 7/19/2022) (Kelly, Danielle). |
| Filing 21 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of L. Timothy Fisher Filing fee: $ 100, receipt number AMADC-9415974 by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley.(Reardon, James) (Additional attachment(s) added on 7/19/2022: #1 Certification of Attorney L. Timothy Fisher) (Kelly, Danielle). (Main Document 21 replaced on 7/19/2022) (Kelly, Danielle). |
| Filing 20 EXHIBIT re #18 Amended Complaint Ex. 1 March 21, 2022 Demand Ltr. by Jamie Dumelle, Kerry Hines, Lucy Massa, Amanda Offley. (Reardon, James) |
| Filing 19 Assented to MOTION for Extension of Time to 15 days after a ruling on a Motion to Dismiss to conduct Rule 26(f) Conference by Fashion Nova, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Pirozzolo, Jack) |
| Filing 18 AMENDED COMPLAINT Consolidated Class Action against Fashion Nova, LLC, filed by Amanda Offley.(Reardon, James) |
| Filing 17 Judge Indira Talwani: ELECTRONIC ORDER granting Plaintiff's Assented-to Motion to File a Consolidated Complaint and Set Responsive Pleading Deadlines #16 . Plaintiff shall file a consolidated amended complaint no later than June 30, 2022; Defendant shall answer or otherwise respond no later than July 28, 2022; if Defendant files a motion to dismiss, Plaintiffs shall respond no later than August 25, 2022. Any motion for leave to file a reply in support of Defendant's motion to dismiss shall be filed no later than September 9, 2022. (Kelly, Danielle) |
| Filing 16 Consent MOTION to Amend , File Consolidated Complaint, and Set Responsive Pleading Deadlines by Amanda Offley.(Reardon, James) |
| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER granting #9 Motion for Leave to Appear Pro Hac Vice Added Chad S. Hummel. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Kelly, Danielle) |
| Filing 14 Judge Indira Talwani: ELECTRONIC ORDER granting #11 Motion for Leave to Appear Pro Hac Vice Added Tatiana K. Fields. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER granting #10 Motion for Leave to Appear Pro Hac Vice Added Rara Kang. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 12 Judge Indira Talwani: ELECTRONIC ORDER granting #8 Motion for Leave to Appear Pro Hac Vice Added Amy P. Lally. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Kelly, Danielle) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Tatiana K. Fields Filing fee: $ 100, receipt number AMADC-9365394 by Fashion Nova, LLC. (Attachments: #1 Certificate of Tatiana K. Fields)(Pirozzolo, Jack) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Rara Kang Filing fee: $ 100, receipt number AMADC-9365377 by Fashion Nova, LLC. (Attachments: #1 Certificate of Rara Kang)(Pirozzolo, Jack) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Chad S. Hummel Filing fee: $ 100, receipt number AMADC-9365373 by Fashion Nova, LLC. (Attachments: #1 Certificate of Chad S. Hummel)(Pirozzolo, Jack) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Amy P. Lally Filing fee: $ 100, receipt number AMADC-9365344 by Fashion Nova, LLC. (Attachments: #1 Certificate of Amy P. Lally)(Pirozzolo, Jack) |
| Filing 7 NOTICE of Appearance by Jack W. Pirozzolo on behalf of Fashion Nova, LLC (Pirozzolo, Jack) |
| Filing 6 Judge Indira Talwani: ELECTRONIC ORDER granting #5 Plaintiff's Assented to Motion to Enlarge Defendant's Time to Respond to Complaint. Defendant's time to respond to the Complaint is extended to June 21, 2022. (Kelly, Danielle) |
| Filing 5 Assented to MOTION for Extension of Time to June 21, 2022 to Answer or Otherwise Respond to the Complaint by Amanda Offley.(Reardon, James) Modified on 5/17/2022: corrected event type (Kelly, Danielle). |
| Filing 4 SUMMONS Returned Executed Fashion Nova, LLC served on 4/28/2022, answer due 5/19/2022. (Reardon, James) |
| Filing 3 Summons Issued as to Fashion Nova, LLC. 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. (Pacho, Arnold) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (Danieli, Chris) |
| Filing 1 COMPLAINT Class Action against Fashion Nova, LLC Filing fee: $ 402, receipt number AMADC-9285511 (Fee Status: Filing Fee paid), filed by Amanda Offley. (Attachments: #1 Exhibit 1-Demand Letter, #2 Civil Cover Sheet, #3 JS45 Category Form)(Reardon, James) |
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