Tirozzi et al v. Lakeland Tours, LLC
| Nancy Tirozzi, Beth Ramsay, Angela Moss, Geoffrey Wilson, Christina Spears and Veronica Moseley |
| Lakeland Tours, LLC and Lakeland Tours, LLC doing business as Worldstrides |
| 3:2020cv30065 |
| April 30, 2020 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 66 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #64 Motion for Leave to Appear Pro Hac Vice Added Maura K. Monaghan. 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. (Zamorski, Michael) |
| Filing 65 NOTICE of Withdrawal of Appearance by John S. Kiernan for defendant Lakeland Tours, LLC (Kiernan, John) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice for admission of Maura K. Monaghan Filing fee: $ 100, receipt number AMADC-9119884 by Lakeland Tours, LLC. (Attachments: #1 Certificate)(Miller, Jodi) |
| Filing 63 DECLARATION re #62 Reply to Response to Motion by Lakeland Tours, LLC. (Attachments: #1 Exhibit)(Miller, Jodi) (Attachment 1 replaced on 12/17/2021) (Zamorski, Michael). |
| Filing 62 REPLY to Response to #50 MOTION to Dismiss and Compel Arbitration filed by Lakeland Tours, LLC. (Miller, Jodi) |
| Filing 61 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #60 Unopposed Motion for Leave to File Reply in Support of Defendant's Renewed Motion to Compel Arbitration and 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. (Zamorski, Michael) |
| Filing 60 MOTION for Leave to File Reply in Support of Defendant's Renewed Motion to Compel Arbitration and Dismiss the Complaint - Unopposed by Lakeland Tours, LLC. (Attachments: #1 Exhibit, #2 Affidavit)(Miller, Jodi) |
| Filing 59 DECLARATION re #57 Memorandum in Opposition to Motion to Compel Arbitration and Dismiss the Complaint by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Albano, Mark) |
| Filing 58 DECLARATION re #57 Memorandum in Opposition to Motion to Compel Arbitration and Dismiss the Complaint by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Albano, Mark) |
| Filing 57 MEMORANDUM in Opposition re #50 MOTION to Dismiss and Compel Arbitration filed by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson. (Albano, Mark) |
| Filing 56 Set/Reset Deadlines as to #50 MOTION to Dismiss and Compel Arbitration. Responses due by 11/22/2021 (Healy, Bethaney) |
| Filing 55 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #54 Motion for Extension of Time until 11/22/2021 to respond to motion. (Healy, Bethaney) |
| Filing 54 Fourth MOTION for Extension of Time to November 22, 2021 to Respond to Motion to Dismiss by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 53 DECLARATION re #50 MOTION to Dismiss and Compel Arbitration of John S. Kiernan by Lakeland Tours, LLC. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G)(Miller, Jodi) |
| Filing 52 DECLARATION re #50 MOTION to Dismiss and Compel Arbitration of Michael Jeffery Coppola by Lakeland Tours, LLC. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G, #8 Ex. H, #9 Ex. I, #10 Ex. J, #11 Ex. K, #12 Ex. L, #13 Ex. M, #14 Ex. N, #15 Ex. O)(Miller, Jodi) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss and Compel Arbitration filed by Lakeland Tours, LLC. (Miller, Jodi) |
| Filing 50 MOTION to Dismiss and Compel Arbitration by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 49 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #47 Joint Motion for Extension of Time to Complete Discovery and File Motion to Compel Arbitration and Dismiss. (Lindsay, Maurice) |
| Filing 48 STIPULATION Stipulated Confidentiality Agreement by Lakeland Tours, LLC. (Miller, Jodi) |
| Filing 47 Joint MOTION for Extension of Time to Complete Discovery and File Motion to Compel Arbitration and Dismiss by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 46 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #36 Motion to Compel Production of Documents and Deposition, and denying without prejudice #27 Motion to Dismiss and Compel Arbitration. Although the First Circuit has not yet addressed the standard of review on a motion to compel arbitration, the parties agree (as do the majority of courts in this circuit and in other circuits) that the summary judgment standard applies. See, e.g., Portier v. NEO Tech. Sols., 2019 WL 7945683, at *4 (D. Mass. Dec. 31, 2019) (collecting cases). As a result, some level of pre-arbitration discovery "has commonly been allowed to determine whether an agreement to arbitrate has been formed." Guidotti v. Legal Helpers Debt Resol., L.L.C., 716 F.3d 764, 775 n.5 (3d Cir. 2013) (collecting cases). The Third Circuit has explained that "if the complaint and its supporting documents are unclear regarding the agreement to arbitrate," as is the case here, then "the parties should be entitled to discovery on the question of arbitrability before a court entertains further briefing on [the] question." Id. (internal quotation marks omitted). Then, "after limited discovery, the court may entertain a renewed motion to compel arbitration, this time judging the motion under a summary judgment standard." Id. The court finds this approach persuasive. SeeBlueTarp Fin., Inc. v. E. Materials Corp., 592 F. Supp. 2d 188, 19091 (D. Me. 2009) ("[P]re-discovery summary judgment would be premature."); Thomas v. Asset Acceptance, LLC, 2014 WL 1364987, at *23 (N.D. Ill. Apr. 7, 2014) (explaining that a motion to compel arbitration "before the parties have had the chance to conduct discovery is premature," as "[s]ummary judgment should not be entered until the party opposing the motion has had a fair opportunity to conduct such discovery as may be necessary to meet the factual basis for the motion."); see also In re PHC, Inc. S'holder Litig., 762 F.3d 138, 145 (1st Cir. 2014) (:In a matter like this, when plaintiffs' case turns so largely on their ability to secure evidence within the possession of defendants, courts should not render summary judgment because of gaps in a plaintiff's proof without first determining that plaintiff has had a fair chance to obtain necessary and available evidence from the other party." (internal quotation marks omitted)). Here, the parties engaged in limited agreed-upon discovery on the threshold issue of arbitrability. However, the parties' cooperation broke down shortly after the discovery began. Plaintiffs then filed the motion to compel, seeking documents responsive to document requests 6-8 (signed and returned forms from Plaintiffs), 9-12 (drafts and variations of the forms), and 13-15 (documents concerning the drafting of the forms). Plaintiffs also seek to depose Michael Jeffrey Coppola, who wrote an affidavit relied upon by Defendant in its motions to compel arbitration. Defendant argues Plaintiffs have not met their burden under Rule 56(d) to obtain discovery. The court, however, does not agree. Plaintiffs invoked Rule 56(d) in their motion to compel, and the First Circuit "has been clear and concordant in its direction to district courts regarding how to analyze Rule 56(d) issues: Consistent with the salutary purposes underlying Rule 56[d], district courts should construe motions that invoke the rule generously, holding parties to the rule's spirit rather than its letter." In re PHC, Inc. S'holder Litig., 762 F.3d at 143 (internal quotation marks omitted); see also BlueTarp Fin., Inc. v. E. Materials Corp., 592 F. Supp. 2d 188, 19091 (D. Me. 2009) ("[C]ourts in this Circuit routinely distinguish between 'delayed discovery' cases -- where discovery is in its advanced stage -- and those cases where, as here, the parties have not commenced discovery in any meaningful fashion."). Moreover, as "the facts needed to oppose summary judgment are in [Defendant's] exclusive control," the court "errs... on the side of liberality," Resol. Tr. Corp. v. N. Bridge Assocs., Inc., 22 F.3d 1198, 1208 (1st Cir. 1994), and orders additional discovery. See In re PHC, Inc. S'holder Litig., 762 F.3d at 144 ("A review of the litigation below establishes that discovery had barely begun before the court entered summary judgment. Typically, when the parties have no opportunity for discovery, denying the Rule 56([d]) motion and ruling on a summary judgment motion is likely to be an abuse of discretion." (internal quotation marks omitted)). Accordingly, as the court finds the disputed documents to be potentially material to the arbitrability issue, the court orders Defendant to produce any such responsive documents. Moreover, the court agrees with Plaintiffs that they should be permitted to depose Coppola and thereby test the assertions made in his affidavit. See Est. of Rahim by Rahim v. United States, 2020 WL 7055971, at *4 (D. Mass. Dec. 2, 2020); G-I Holdings, Inc. v. Baron & Budd, 213 F.R.D. 146, 149 (S.D.N.Y. 2003). The court therefore grants Plaintiffs' motion to compel and denies without prejudice Defendant's motion to dismiss and compel arbitration. The parties shall complete discovery related to arbitrability by August 9, 2021, and Defendant may file a renewed motion to compel arbitration no later than August 30, 2021. (Lindsay, Maurice) |
| Filing 45 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #44 Motion for Extension of Time to File Response/Reply re #27 MOTION to Dismiss and Compel Arbitration Responses due by 5/28/2021 (Zamorski, Michael) |
| Filing 44 Assented to MOTION for Extension of Time to May 28, 2021 to File Response/Reply to the Defendant's Motion to Dismiss and to Compel Arbitration by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 43 NOTICE of Withdrawal of Appearance by Caroline Zielinski (Zielinski, Caroline) |
| Filing 42 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #41 Second Assented to MOTION for Extension of Time to File Response to the Defendant's Motion to Dismiss and to Compel Arbitration. ALLOWED. Response due by 3/29/2021. (Lindsay, Maurice) |
| Filing 41 Second MOTION for Extension of Time to File Response/Reply to the Defendant's Motion to Dismiss and to Compel Arbitration, Assented To, by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 40 MEMORANDUM in Opposition re #36 MOTION to Compel Production of Documents and Deposition, filed by Lakeland Tours, LLC. (Miller, Jodi) |
| Filing 39 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #35 Motion for Extension of Time to File Response/Reply (Zamorski, Michael) |
| Filing 38 DECLARATION of Angela Edwards by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Albano, Mark) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Compel Production of Documents and Deposition, filed by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Albano, Mark) |
| Filing 36 MOTION to Compel Production of Documents and Deposition, by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 35 Assented to MOTION for Extension of Time to File Response/Reply to the Defendant's Motion to Dismiss and to Compel Arbitration by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 34 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #26 Motion for Leave to Appear Pro Hac Vice Added Caroline Zielinski. 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. (Figueroa, Tamara) |
| Filing 33 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #25 Motion for Leave to Appear Pro Hac Vice Added Ryan C. Mullally. 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. (Figueroa, Tamara) |
| Filing 32 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #24 Motion for Leave to Appear Pro Hac Vice Added John S. Kiernan. 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. (Figueroa, Tamara) |
| Filing 31 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #30 Motion for Extension of Time to File Response/Reply to December 22, 2020. (Figueroa, Tamara) |
| Filing 30 Joint MOTION for Extension of Time to File Response/Reply to the Defendant's Motion to Dismiss and to Compel Arbitration by Veronica Moseley, Angela Moss, Beth Ramsay, Christina Spears, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
| Filing 29 AFFIDAVIT in Support re #27 MOTION to Dismiss and Compel Arbitration of Michael Jeffrey Coppola filed by Lakeland Tours, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Miller, Jodi) |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Dismiss and Compel Arbitration filed by Lakeland Tours, LLC. (Miller, Jodi) |
| Filing 27 MOTION to Dismiss and Compel Arbitration by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Caroline Zielinski Filing fee: $ 100, receipt number 0101-8486522 by Lakeland Tours, LLC. (Attachments: #1 Certificate of Caroline Zielinski)(Miller, Jodi) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Ryan C. Mullally Filing fee: $ 100, receipt number 0101-8486494 by Lakeland Tours, LLC. (Attachments: #1 Certificate of Ryan C. Mullally)(Miller, Jodi) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice for admission of John Kiernan Filing fee: $ 100, receipt number 0101-8486455 by Lakeland Tours, LLC. (Attachments: #1 Certificate of John Kiernan)(Miller, Jodi) |
| Filing 23 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #22 Assented to Motion for Extension of Time to Answer re #20 Amended Complaint. Lakeland Tours, LLC answer due 11/2/2020. (Zamorski, Michael) |
| Filing 22 Assented to MOTION for Extension of Time to File Answer re #20 Amended Complaint by Lakeland Tours, LLC.(Poindexter, Jeffrey) |
| Filing 21 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #19 Motion for Extension of Time to Answer re #1 Complaint Lakeland Tours, LLC answer due 10/1/2020. (Zamorski, Michael) |
| Filing 20 AMENDED COMPLAINT with Demand for a Jury Trial against All Defendants, filed by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson, Christina Spears, Veronica Moseley. (Attachments: #1 Exhibit A, #2 Exhibit B)(Albano, Mark) |
| Filing 19 Assented to MOTION for Extension of Time to File Answer re #1 Complaint by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 18 NOTICE by Lakeland Tours, LLC of Bankruptcy Filing and Imposition of Automatic Stay (Miller, Jodi) |
| Filing 17 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time to Answer re #1 Complaint Lakeland Tours, LLC answer due 9/1/2020. (Zamorski, Michael) |
| Filing 16 Assented to MOTION for Extension of Time to File Answer re #1 Complaint by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 15 SUMMONS Returned Executed Lakeland Tours, LLC served on 5/19/2020, answer due 7/9/2020. (Albano, Mark) |
| Filing 14 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #11 Motion for Extension of Time to Answer re #1 Complaint Lakeland Tours, LLC answer due 7/9/2020. (Zamorski, Michael) Modified on 6/11/2020 correcting answer due date (Zamorski, Michael). |
| Filing 13 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Jason S. Giaimo. 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. (Zamorski, Michael) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Lee S. Shalov. 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. (Zamorski, Michael) |
| Filing 11 Assented to MOTION for Extension of Time to File Answer re #1 Complaint by Lakeland Tours, LLC.(Miller, Jodi) |
| Filing 10 NOTICE of Appearance by Jeffrey E. Poindexter on behalf of Lakeland Tours, LLC (Poindexter, Jeffrey) |
| Filing 9 NOTICE of Appearance by Jodi Kim Miller on behalf of Lakeland Tours, LLC (Miller, Jodi) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Jason S. Giaimo, Esq. Filing fee: $ 100, receipt number 0101-8264552 by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit Declaration of Jason S. Giaimo, Esq.)(Albano, Mark) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Lee Shalov, Esq. Filing fee: $ 100, receipt number 0101-8264481 by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson. (Attachments: #1 Exhibit Declaration of Lee Shalov, Esq.)(Albano, Mark) |
| Filing 6 Summons Issued as to Lakeland Tours, 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. (Lindsay, Maurice) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 4 NOTICE of Appearance by Angela M. Edwards on behalf of Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson (Edwards, Angela) |
| Filing 3 Civil Cover Sheet & Category Sheet (Local) by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson. (Albano, Mark) |
| Filing 2 Civil Cover Sheet & Category Sheet by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson. (Albano, Mark) |
| Filing 1 COMPLAINT , Class Action, With Jury Demand against All Defendants Filing fee: $ 400, receipt number 0101-8221210 (Fee Status: Filing Fee paid), filed by Angela Moss, Beth Ramsay, Nancy Tirozzi, Geoffrey Wilson.(Albano, Mark) |
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