Rosenthal v. Bloomingdale's Inc.
Plaintiff: Scott Rosenthal
Defendant: Bloomingdale's Inc. and Bloomingdales.com, LLC
Case Number: 1:2022cv11944
Filed: November 15, 2022
Court: US District Court for the District of Massachusetts
Presiding Judge: Nathaniel M Gorton
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 48 Supplemental Record on Appeal transmitted to US Court of Appeals re #44 Notice of Appeal - Documents included: 47. (Currie, Haley)
August 16, 2023 Filing 47 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE. (McManus, Caetlin)
August 16, 2023 Filing 46 USCA Case Number 23-1683 for #44 Notice of Appeal filed by Scott Rosenthal. (Currie, Haley)
August 16, 2023 Filing 45 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #44 Notice of Appeal. (Currie, Haley)
August 15, 2023 Filing 44 NOTICE OF APPEAL as to #42 Memorandum & ORDER, Terminate Motions by Scott Rosenthal Filing fee: $ 505, receipt number AMADC-9994086 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 9/5/2023. (Gudmundson, Brian)
August 15, 2023 Filing 43 RESPONSE TO COURT ORDER by Scott Rosenthal re #42 Memorandum & ORDER, Terminate Motions Plaintiff's Request for Entry of Final Judgment. (Gudmundson, Brian)
August 11, 2023 Filing 42 Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, allowing without prejudice #32 MOTION TO DISMISS, filed by Bloomingdales.com, LLC.(Lima, Christine)
August 3, 2023 Filing 41 Response by Scott Rosenthal to #39 Notice of Supplemental Authorities, #40 Notice of Supplemental Authorities . (Gudmundson, Brian)
July 25, 2023 Filing 40 Notice of Supplemental Authorities re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A - Alves v. Goodyear)(Huberman, Jeffrey)
July 20, 2023 Filing 39 Notice of Supplemental Authorities re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A - Mikulsky v. Noom Inc.)(Huberman, Jeffrey)
June 29, 2023 Filing 38 Response by Bloomingdale's Inc., Bloomingdales.com, LLC to #36 Notice of Supplemental Authorities, . (Huberman, Jeffrey)
June 28, 2023 Filing 37 NOTICE of Appearance by Jeffrey Huberman on behalf of Bloomingdale's Inc., Bloomingdales.com, LLC (Huberman, Jeffrey)
June 27, 2023 Filing 36 Notice of Supplemental Authorities re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit BJs - Order Denying Motion to Dismiss)(Guglielmo, Joseph)
March 28, 2023 Filing 35 REPLY to Response to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Bloomingdales.com, LLC. (Bosset, Eric)
March 7, 2023 Filing 34 MEMORANDUM in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Scott Rosenthal. (Guglielmo, Joseph)
February 3, 2023 Filing 33 MEMORANDUM in Support re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Bloomingdales.com, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bosset, Eric)
February 3, 2023 Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/17/2023) by Bloomingdales.com, LLC.(Bosset, Eric)
February 2, 2023 Filing 31 NOTICE of Appearance by Matthew Verdin on behalf of Bloomingdales.com, LLC (Verdin, Matthew)
February 2, 2023 Filing 30 NOTICE of Appearance by Eric C. Bosset on behalf of Bloomingdales.com, LLC (Bosset, Eric)
February 2, 2023 Filing 29 NOTICE of Appearance by Emily Henn on behalf of Bloomingdales.com, LLC (Henn, Emily)
February 1, 2023 Filing 28 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #26 Motion for Leave to Appear Pro Hac Vice Added Matthew Q. Verdin. 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. You must put the docket number on your form when registering or it will be rejected.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. (Warnock, Douglas)
February 1, 2023 Filing 27 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #24 and #25 Motions for Leave to Appear Pro Hac Vice Added Eric C. Bosset and Emily Johnson Henn. 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. (Warnock, Douglas)
February 1, 2023 Filing 26 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Q. Verdin Filing fee: $ 125, receipt number AMADC-9697564 by Bloomingdale's Inc.. (Attachments: #1 Affidavit Certification of Matthew Q. Verdin)(Vien, George)
February 1, 2023 Filing 25 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Emily Johnson Henn Filing fee: $ 125, receipt number AMADC-9697546 by Bloomingdale's Inc.. (Attachments: #1 Affidavit Certification of Emily Johnson Henn)(Vien, George)
February 1, 2023 Filing 24 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Eric C. Bosset Filing fee: $ 125, receipt number AMADC-9697510 by Bloomingdale's Inc.. (Attachments: #1 Affidavit Certification of Eric C. Bosset)(Vien, George)
December 8, 2022 Filing 23 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING Joint MOTION for Extension of Time to February 3, 2023 to File Response/Reply to Complaint and to Modify Schedule for Briefing Any Motion to Dismiss by Bloomingdale's Inc; Bloomingdale's Inc. answer due 2/3/2023. (Warnock, Douglas) corrected answer deadline on 12/8/2022 (Warnock, Douglas).
December 7, 2022 Filing 22 Joint MOTION for Extension of Time to February 3, 2023 to File Response/Reply to Complaint and to Modify Schedule for Briefing Any Motion to Dismiss by Bloomingdale's Inc..(Vien, George) Modified event type on 12/8/2022 (Warnock, Douglas).
December 7, 2022 Filing 21 CORPORATE DISCLOSURE STATEMENT by Bloomingdale's Inc.. (Vien, George)
December 7, 2022 Filing 20 NOTICE of Appearance by George W. Vien on behalf of Bloomingdale's Inc. (Vien, George)
December 5, 2022 Filing 19 NOTICE of Appearance by Ethan Samuel Binder on behalf of Scott Rosenthal (Binder, Ethan)
December 5, 2022 Filing 18 NOTICE of Appearance by Carey Alexander on behalf of Scott Rosenthal (Alexander, Carey)
November 28, 2022 Filing 17 SUMMONS Returned Executed Bloomingdale's Inc. served on 11/17/2022, answer due 12/8/2022. (Guglielmo, Joseph)
November 18, 2022 Filing 16 NOTICE of Appearance by Rachel Kristine Tack on behalf of Scott Rosenthal (Tack, Rachel)
November 18, 2022 Filing 15 NOTICE of Appearance by Michael J Laird on behalf of Scott Rosenthal (Laird, Michael)
November 18, 2022 Filing 14 NOTICE of Appearance by Brian C Gudmundson on behalf of Scott Rosenthal (Gudmundson, Brian)
November 18, 2022 Filing 13 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #11 Motion for Leave to Appear Pro Hac Vice Added Rachel K. Tack. 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. (Warnock, Douglas)
November 18, 2022 Filing 12 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #10 Motion for Leave to Appear Pro Hac Vice Added Michael J. Laird. 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. (Warnock, Douglas)
November 18, 2022 Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Rachel K. Tack Filing fee: $ 100, receipt number AMADC-9595326 by Scott Rosenthal. (Attachments: #1 Declaration of Rachel K. Tack ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph)
November 18, 2022 Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Laird Filing fee: $ 100, receipt number AMADC-9595312 by Scott Rosenthal. (Attachments: #1 Declaration of Michael J. Laird ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph)
November 18, 2022 Filing 9 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #8 Motion for Leave to Appear Pro Hac Vice Added Brian C. Gudmundson. 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. (Warnock, Douglas)
November 18, 2022 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Brian C. Gudmundson Filing fee: $ 100, receipt number AMADC-9595044 by Scott Rosenthal. (Attachments: #1 Declaration of Brian C. Gudmundson ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph)
November 17, 2022 Filing 7 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #6 Motion for Leave to Appear Pro Hac Vice Added Carey Alexander. 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. (Warnock, Douglas)
November 17, 2022 Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Carey Alexander Filing fee: $ 100, receipt number AMADC-9593407 by Scott Rosenthal. (Attachments: #1 Declaration of Carey Alexander ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph)
November 16, 2022 Filing 5 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #4 Motion for Leave to Appear Pro Hac Vice Added Ethan S. Binder. 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. (Warnock, Douglas)
November 16, 2022 Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Ethan S. Binder Filing fee: $ 100, receipt number AMADC-9590072 by Scott Rosenthal. (Attachments: #1 Declaration of Ethan S. Binder ISO PHV Motion, #2 Text of Proposed Order)(Guglielmo, Joseph)
November 16, 2022 Filing 3 Summons Issued as to Bloomingdale's 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. (Dore, Samantha)
November 16, 2022 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 M. Page Kelley. (Finn, Mary)
November 15, 2022 Filing 1 COMPLAINT against Bloomingdale's Inc. Filing fee: $ 402, receipt number AMADC-9588978 (Fee Status: Filing Fee paid), filed by Scott Rosenthal. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Guglielmo, Joseph)

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Plaintiff: Scott Rosenthal
Represented By: Joseph P. Guglielmo
Represented By: Brian C Gudmundson
Represented By: Carey Alexander
Represented By: Ethan Samuel Binder
Represented By: Michael J Laird
Represented By: Rachel Kristine Tack
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Defendant: Bloomingdale's Inc.
Represented By: George W. Vien
Represented By: Emily Henn
Represented By: Eric C. Bosset
Represented By: Jeffrey Huberman
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Defendant: Bloomingdales.com, LLC
Represented By: Emily Henn
Represented By: Eric C. Bosset
Represented By: Matthew Verdin
Represented By: Jeffrey Huberman
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