Martin v. Lindenwood University
| Dylan Martin |
| Lindenwood University |
| 4:2020cv01128 |
| August 24, 2020 |
| US District Court for the Eastern District of Missouri |
| Ronnie L White |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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Filing 48
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 05/11/2022. (KCD)
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| Filing 47 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Ronnie L. White: In Court Hearing held on 5/11/2022. Parties present for hearing. The Court hears from counsel. Matter taken under submission. Order to issue. (Court Reporter:Linda Nichols, Linda_Nichols@moed.uscourts.gov, 314-244-7983) (proceedings started: 1:26PM) (proceedings ended: 1:31PM) (Deputy Clerk: KCD)(Appearance for Plaintiff: Joseph Marchese)(Appearance for Defendant: Kyle Seelbach) (KCD) |
| Filing 46 MOTION for Settlement Final Approval of Settlement by Plaintiff Dylan Martin. (Attachments: #1 Memorandum in Support of Final Approval, #2 Marchese Declaration, #3 Bahry Declaration, #4 Text of Proposed Order)(Marchese, Joseph) |
| Filing 45 MEMORANDUM in Support of Motion re #44 MOTION for Attorney Fees Costs, Expenses, and Incentive Award filed by Plaintiff Dylan Martin. (Attachments: #1 Declaration of Joseph I. Marchese, #2 Declaration of Dylan Martin)(Marchese, Joseph) |
| Filing 44 MOTION for Attorney Fees Costs, Expenses, and Incentive Award by Plaintiff Dylan Martin. (Marchese, Joseph) |
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Filing 43
Docket Text ORDER: IT IS HEREBY ORDERED that Mohsen Pasha's Motion to Withdraw (ECF No. 42) is GRANTED. Signed by District Judge Ronnie L. White on 1/24/22. (JEB)
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| Filing 42 MOTION to Withdraw by Defendant Lindenwood University. (Pasha, Mohsen) |
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Filing 41
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT, CERTIFYING SETTLEMENT CLASS, APPOINTING CLASS REPRESENTATIVE, APPOINTING CLASS COUNSEL, AND APPROVING NOTICE PLAN: [SEE ORDER FOR COMPLETE DETAILS] (In Court Hearing set for 5/11/2022 01:30 PM in Courtroom 10S - St. Louis before District Judge Ronnie L. White. Response to Court due by 3/21/2022.) Signed by District Judge Ronnie L. White on 1/6/2022. (TMT)
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| Filing 40 MOTION for Settlement (Preliminary Approval of Settlement) by Plaintiff Dylan Martin. (Attachments: #1 Memorandum in Support of Preliminary Approval, #2 Marchese Declaration, #3 Text of Proposed Order)(Marchese, Joseph) |
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Filing 39
Docket Text ORDER: IT IS HEREBY ORDERED that the Second Joint Motion for Extension to File a Motion for Preliminary Approval of Class Settlement (ECF No. 38) is GRANTED. The parties shall file their Motion for Preliminary Approval of Class Settlement no later than January 5, 2022. Signed by District Judge Ronnie L. White on 12/21/21. (JEB)
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| Filing 38 Second MOTION for Extension of Time to File ;Extension to file the following: Motion for Preliminary Approval of Class Settlement ;Proposed extension date January 5, 2022 by Defendant Lindenwood University. (Seelbach, Kyle) |
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Filing 37
Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion for Extension to File a Motion for Preliminary of Class Settlement (ECF No. 36) is GRANTED. The parties shall file their Motion for Preliminary Approval of Class Settlement no later than December 22, 2021. Signed by District Judge Ronnie L. White on 11/5/21. (JEB)
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| Filing 36 Joint MOTION for Extension of Time to File ;Extension to file the following: a Motion for Preliminary Approval of Class Settlement ;Proposed extension date December 22, 2021 by Defendant Lindenwood University. (Loring, Martin) |
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Filing 35
ORDER IT IS HEREBY ORDERED that the November 7, 2022, trial setting is vacated and any pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, within thirty (30) days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, a proposed consent judgment, or a motion for preliminary approval of the settlement. Failure to comply timely with this order will result in the dismissal of this action with prejudice. Dismissal Paper(s) due by 11/15/2021. Signed by District Judge Ronnie L. White on 10/15/2021. (KXS)
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| Filing 34 ADR COMPLIANCE REPORT Neutral: Andersen, Wayne. Date of Conference: 09/23/2021. The parties participated in good faith. The parties achieved a settlement.(Marchese, Joseph) |
| Filing 33 ANSWER to #1 Complaint, Answer and Affirmative Defenses by Lindenwood University.(Loring, Martin) |
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Filing 32
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Lindenwood University's Unopposed Motion for Extension of Time to File Answer (ECF No. 31) is GRANTED. Lindenwood University shall file its answer no later than August 30, 2021. Signed by District Judge Ronnie L. White on 7/27/21. (JEB)
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| Filing 31 Consent MOTION for Extension of Time to File Answer re #27 Memorandum & Order, #1 Complaint, by Defendant Lindenwood University. (Loring, Martin) |
| Filing 30 NOTICE of Appointment of Neutral. Neutral name: Anderson, Wayne Neutral selected by Parties. (cc: Neutral) (BRP) |
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Filing 29
Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion for Leave to Designate a Non-Court Certified Neutral (ECF No. 28) is GRANTED. Signed by District Judge Ronnie L. White on 7/22/21. (JEB)
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| Filing 28 Joint MOTION for Leave to Designate A Non-Court Certified Neutral by Plaintiff Dylan Martin. (Attachments: #1 Exhibit A, #2 Form Designation of Neutral By Parties and ADR Conference Report)(Marchese, Joseph) |
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Filing 27
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Lindenwood University's Rule 12(B)(6) Motion to Dismiss (ECF No. #8 ) is GRANTED, in part, and DENIED, in part. Lindenwood University's Motion to Dismiss Plaintiff's Complaint is GRANTED as to Count III for Conversion. Lindenwood's Motion to Dismiss Plaintiff's Complaint is DENIED in all other respects. Signed by District Judge Ronnie L. White on 7/21/2021. (TMT)
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Filing 26
Docket Text ORDER: IT IS HEREBY ORDERED that the Joint Motion Requesting Extension of Deadlines in the Court's Order Referring Case to Alternative Dispute Resolution (ECF No. 25) is GRANTED. The parties shall notify the Court of their agreed choice of mediator no later than Thursday, July 22, 2021. The parties shall complete mediation no later than Thursday, September 30, 2021. Signed by District Judge Ronnie L. White on 7/12/21. (JEB)
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| Filing 25 Joint MOTION for Extension of Time to Complete Mediation by Plaintiff Dylan Martin. (Marchese, Joseph) |
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Filing 24
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Mr. Marchese [SEE ORDER FOR COMPLETE DETAILS] (ADR Completion Deadline due by 8/31/2021. ADR Compliance Report Deadline due by 9/14/2021. Designation of Neutral/Conference Report due by 7/11/2021.) Signed by District Judge Ronnie L. White on 7/1/2021. (TMT)
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Filing 23
STIPULATED PROTECTIVE ORDER. Signed by District Judge Ronnie L. White on June 4, 2021. (BRP)
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| Filing 22 Joint MOTION for Protective Order by Defendant Lindenwood University. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Loring, Martin) |
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Filing 21
CASE MANAGEMENT ORDER This case is assigned to Track: three Motion to Join Parties due by 7/15/2021. Discovery Completion due by 5/11/2022. Non-Dispositive Motions due by 5/22/2022. ADR Future Reference 7/1/2021. Dispositive Motions due by 5/20/2022. Jury Trial set for 11/7/2022 09:00 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White. Pretrial Compliance due by 10/18/2022. Motion in Limine due by 10/18/2022. [SEE ORDER FOR COMPLETE DETAILS]. Signed by District Judge Ronnie L. White on 5/10/2021. (KCD)
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Filing 20
Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Telephone Conference previously scheduled for May 14, 2021, at 10:30a.m., is CANCELED. The Court will issue a case management order based upon the parties Joint Proposed Scheduling Plan. Signed by District Judge Ronnie L. White on 5/6/21. (JEB)
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| Filing 19 JOINT SCHEDULING PLAN by Defendant Lindenwood University. . (Loring, Martin) |
| Filing 18 NOTICE of Supplemental Authority re #8 MOTION to Dismiss Case by Defendant Lindenwood University . (Attachments: #1 Exhibit A - Miller v. Lewis University, #2 Exhibit B - Buschauer v. Columbia College, #3 Exhibit C - Zagoria v. New York University, #4 Exhibit D - Oyoque v. DePaul University, #5 Exhibit E - Shaffer v. George Wash. University)(Loring, Martin) |
| Filing 17 NOTICE of Supplemental Authority re #8 MOTION to Dismiss Case by Plaintiff Dylan Martin . (Attachments: #1 Exhibit 1 - Ford v. Rensselaer, #2 Exhibit 2 - Chong v. Northeastern, #3 Exhibit 3 - Bergeron v. Rochester Institute of Technology, #4 Exhibit 4 - Garland v. Western Michigan Univ., #5 Exhibit 5 - Hiatt v. BYU, #6 Exhibit 6 - In re Boston U, #7 Exhibit 7 - Loyola Marymount MTD Order, #8 Exhibit 8 - Rhodes v. Embry-Riddle Aeronautical Univ., #9 Exhibit 9 - Metzner v. Quinnipiac University)(Marchese, Joseph) |
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Filing 16
RULE 16 ORDER: This case is assigned to Track: Preliminary Track 2 (Standard) [SEE ORDER FOR COMPLETE DETAILS] (Joint Scheduling Plan due by 5/6/2021. Rule 16 Conference set for 5/14/2021 10:30 AM in Telephone Conference in Chambers before District Judge Ronnie L. White.) Signed by District Judge Ronnie L. White on 4/9/2021. (TMT)
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| Filing 15 NOTICE of Supplemental Authority re #8 MOTION to Dismiss Case by Defendant Lindenwood University . (Attachments: #1 Exhibit A - Authority, #2 Exhibit B - Authority)(Loring, Martin) |
| Filing 14 NOTICE OF SUPPLEMENTAL AUTHORITY by Plaintiff Dylan Martin re #11 Memorandum in Opposition to Motion (Attachments: #1 Exhibit 1 - Gibson v. Lynn Univ., #2 Exhibit 2 - Saroya v. Univ. of Pacific, #3 Exhibit 3 - Spiegel v. Trustees of Indiana Univ., #4 Exhibit 4 - Kishinevsky v. Metro State Univ. of Denver)(Marchese, Joseph) Modified on 12/8/2020 (TMT). |
| Filing 13 REPLY to Response to Motion re #8 MOTION to Dismiss Case filed by Defendant Lindenwood University. (Loring, Martin) |
| Filing 12 DECLARATION filed by Plaintiff Dylan Martin re #11 Memorandum in Opposition to Motion . (Marchese, Joseph) |
| Filing 11 MEMORANDUM in Opposition re #8 MOTION to Dismiss Case filed by Plaintiff Dylan Martin. (Marchese, Joseph) |
| Filing 10 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Lindenwood University. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Loring, Martin) |
| Filing 9 MEMORANDUM in Support of Motion re #8 MOTION to Dismiss Case filed by Defendant Lindenwood University. (Loring, Martin) |
| Filing 8 MOTION to Dismiss Case by Defendant Lindenwood University. (Loring, Martin) |
| Filing 7 ENTRY of Appearance by Martin M. Loring for Defendant Lindenwood University. (Loring, Martin) |
| Filing 6 ENTRY of Appearance by Mohsen P. K. Pasha for Defendant Lindenwood University. (Pasha, Mohsen) |
| Filing 5 ENTRY of Appearance by Kyle P. Seelbach for Defendant Lindenwood University. (Seelbach, Kyle) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Dylan Martin Lindenwood University waiver signed on 9/1/2020, answer due 11/2/2020. (Marchese, Joseph) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff Dylan Martin Process Server: First Legal Network (BAK) |
| Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Dylan Martin.. (Marchese, Joseph) |
| Filing 1 COMPLAINT against defendant Lindenwood University with receipt number AMOEDC-8096764, in the amount of $400 Jury Demand,, filed by Dylan Martin. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons, #4 Notice of Intent to Use Process Server)(Marchese, Joseph) |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Joseph Ignatius Marchese. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Ronnie L. White. (BAK) |
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| Defendant: Lindenwood University | |
| Represented By: | Martin M. Loring |
| Represented By: | Kyle P. Seelbach |
| Represented By: | Mohsen P. K. Pasha |
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| Plaintiff: Dylan Martin | |
| Represented By: | Joseph Ignatius Marchese |
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