DiBenedetto v. Hard Rock Cafe International (USA), Inc.
Vincent Dibenedetto |
BOARDWALK 1000 LLC doing business as HARD ROCK HOTEL & CASINO ATLANTIC CITY |
1:2024cv04541 |
April 4, 2024 |
US District Court for the District of New Jersey |
Matthew J Skahill |
Karen M Williams |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Plaintiff |
Docket Report
This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 18 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 2:22-cv-06759. Original file certified copy of transfer order and docket sheet received. |
Judge Karen M. Williams and Magistrate Judge Matthew J. Skahill added. (mmb, ) |
Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (LC) |
Filing 17 MEMORANDUM & ORDER: For the reasons set forth above (Please See Order For Further Details), the Court grants Defendants motion to transfer venue to the District of New Jersey. So Ordered by Judge Joan M. Azrack on 3/22/2024. (GO) |
Filing 16 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss , MOTION to Dismiss for Failure to State a Claim , MOTION to Change Venue by Boardwalk 1000, LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss Complaint or in the Alternative, Transfer Venue, #2 Declaration of Nanette Horner in Support of Motion to Dismiss Complaint, #3 Exhibit A - July 17, 2020 e-mail, #4 Exhibit B - August 24, 2020 release note, #5 Exhibit C - August 25, 2020 e-mail, #6 Memorandum in Opposition - Plaintiff's Memorandum of Law in Opposition to Motion to Dismiss or Transfer, #7 Memorandum in Support - Defendant's Reply Brief in Further Support, #8 Certificate of Service - Defendant's Certificate of Service) (Muskett, Eileen) |
SCHEDULING ORDER: re #15 Stipulation filed by Boardwalk 1000, LLC. The briefing schedule is set forth as follows: Defendants motion and supporting papers shall be served on or before April 28,2023; Plaintiffs papers in opposition shall be served on or before May 31, 2023; and Defendants reply brief shall be served and the fully briefed motion filed on or before June 16, 2023.Ordered by Judge Joan M. Azrack on 4/21/2023. (LP) |
Filing 15 STIPULATION FOR PROPOSED BRIEFING SCHEDULE ON DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT by Boardwalk 1000, LLC (Muskett, Eileen) |
ORDER denying Motion for Pre-Motion Conference, ECF No. #8 . The Court waives the pre-motion conference and grants Defendant leave to file its proposed motions. The parties shall file a proposed briefing schedule by April 21, 2023. Ordered by Judge Joan M. Azrack on 4/14/2023. (RT) |
Filing 14 NOTICE of Appearance by Eileen O. Muskett on behalf of Boardwalk 1000, LLC (notification declined or already on case) (Muskett, Eileen) |
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 4/10/2023. (DM) |
Filing 13 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16580486 by Boardwalk 1000, LLC. (Attachments: #1 Declaration of Elieen Oakes Muskett in Support, #2 Exhibit A - New Jersey COGS, #3 Exhibit B - Pennsylvania COGS) (Muskett, Eileen) |
ORDER granting #12 Motion to Adjourn Conference. In light of the anticipated motion to dismiss the initial conference scheduled for April 12, 2023 is CANCELLED. So Ordered by Magistrate Judge Anne Y. Shields on 4/5/2023. (DM) |
Filing 12 Letter MOTION to Adjourn Conference by Boardwalk 1000, LLC. (Wait, John) |
Filing 11 RESPONSE in Opposition re #8 MOTION for pre motion conference / Letter Motion to file a Motion to Dismiss and Motion to Transfer Venue filed by Vincent DiBenedetto. (Aaron, Angele) |
Filing 10 NOTICE of Appearance by Angele Aaron on behalf of Vincent DiBenedetto (aty to be noticed) (Aaron, Angele) |
Filing 9 NOTICE of Appearance by James Chung on behalf of Vincent DiBenedetto (aty to be noticed) (Chung, James) |
Filing 8 MOTION for pre motion conference / Letter Motion to file a Motion to Dismiss and Motion to Transfer Venue by Boardwalk 1000, LLC. (Wait, John) |
ORDER granting #7 Motion to Adjourn Conference. Upon counsels' request, the telephonic initial conference scheduled for March 7, 2023 is ADJOURNED to April 12, 2023 at 10:30 AM. Counsel are reminded that the joint initial letter and joint proposed discovery plan must be submitted by April 10, 2023. So Ordered by Magistrate Judge Anne Y. Shields on 2/22/2023. (DM) |
Filing 7 Letter MOTION to Adjourn Conference by Boardwalk 1000, LLC. (Wait, John) |
Filing 6 MOTION to Amend/Correct/Supplement #3 Summons Issued, #1 Complaint, / STIPULATION AND PROPOSED ORDER SUBSTITUTING PARTY DEFENDANT AND AMENDING CASE CAPTION by Hard Rock Cafe International (USA), Inc.. (Wait, John) |
ORDER granting #6 Motion to Amend/Correct/Supplement. The parties' stipulation substituting the party defendant and amending the case caption is hereby SO ORDERED. So Ordered by Magistrate Judge Anne Y. Shields on 2/1/2023. (DM) |
Filing 5 WAIVER OF SERVICE Returned Executed by Vincent DiBenedetto. Hard Rock Cafe International (USA), Inc. waiver sent on 1/6/2023, answer due 3/7/2023. (Sheehan, Spencer) |
Filing 4 ORDER: Initial Conference set for 3/7/2023 at 10:30 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment.Ordered by Magistrate Judge Anne Y. Shields on 11/9/2022. (Attachments: #1 AYS Rules) (JT) |
Filing 3 Summons Issued as to Hard Rock Cafe International (USA), Inc.. (CL) |
Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (CL) |
This attorney case opening filing has been checked for quality control. (CL) |
Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
Filing 1 COMPLAINT against Hard Rock Cafe International (USA), Inc. filing fee $ 402, receipt number BNYEDC-16111992 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Vincent DiBenedetto. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Sheehan, Spencer) |
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Plaintiff: Vincent Dibenedetto | |
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Defendant: BOARDWALK 1000 LLC doing business as HARD ROCK HOTEL & CASINO ATLANTIC CITY | |
Represented By: | EILEEN O. MUSKETT |
Represented By: | JOHN A. WAIT |
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