Rosenthal v. Bloomingdale's Inc.
| Scott Rosenthal |
| Bloomingdale's Inc. and Bloomingdales.com, LLC |
| 1:2022cv11944 |
| November 15, 2022 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 48 Supplemental Record on Appeal transmitted to US Court of Appeals re #44 Notice of Appeal - Documents included: 47. (Currie, Haley) |
| Filing 47 Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE. (McManus, Caetlin) |
| Filing 46 USCA Case Number 23-1683 for #44 Notice of Appeal filed by Scott Rosenthal. (Currie, Haley) |
| Filing 45 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #44 Notice of Appeal. (Currie, Haley) |
| 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) |
| 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) |
| 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) |
| Filing 41 Response by Scott Rosenthal to #39 Notice of Supplemental Authorities, #40 Notice of Supplemental Authorities . (Gudmundson, Brian) |
| 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) |
| 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) |
| Filing 38 Response by Bloomingdale's Inc., Bloomingdales.com, LLC to #36 Notice of Supplemental Authorities, . (Huberman, Jeffrey) |
| Filing 37 NOTICE of Appearance by Jeffrey Huberman on behalf of Bloomingdale's Inc., Bloomingdales.com, LLC (Huberman, Jeffrey) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 31 NOTICE of Appearance by Matthew Verdin on behalf of Bloomingdales.com, LLC (Verdin, Matthew) |
| Filing 30 NOTICE of Appearance by Eric C. Bosset on behalf of Bloomingdales.com, LLC (Bosset, Eric) |
| Filing 29 NOTICE of Appearance by Emily Henn on behalf of Bloomingdales.com, LLC (Henn, Emily) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Bloomingdale's Inc.. (Vien, George) |
| Filing 20 NOTICE of Appearance by George W. Vien on behalf of Bloomingdale's Inc. (Vien, George) |
| Filing 19 NOTICE of Appearance by Ethan Samuel Binder on behalf of Scott Rosenthal (Binder, Ethan) |
| Filing 18 NOTICE of Appearance by Carey Alexander on behalf of Scott Rosenthal (Alexander, Carey) |
| Filing 17 SUMMONS Returned Executed Bloomingdale's Inc. served on 11/17/2022, answer due 12/8/2022. (Guglielmo, Joseph) |
| Filing 16 NOTICE of Appearance by Rachel Kristine Tack on behalf of Scott Rosenthal (Tack, Rachel) |
| Filing 15 NOTICE of Appearance by Michael J Laird on behalf of Scott Rosenthal (Laird, Michael) |
| Filing 14 NOTICE of Appearance by Brian C Gudmundson on behalf of Scott Rosenthal (Gudmundson, Brian) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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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