Rodgers et al v. Color Street LLC et al
| Tracy Rodgers and Robert McCauley |
| COLOR STREET LLC, Fa Young Park, Lisa R Schmitt and Angela Marie Polsgrove |
| 2:2023cv03943 |
| July 24, 2023 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Julien Xavier Neals |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 Minute Entry for proceedings held before Judge Julien Xavier Neals: Motion Hearing held on 9/19/2023 re ( #33 in 2:23-cv-03943-JXN-JSA, #33 in 2:23-cv-03943-JXN-JSA) MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Tracy Rodgers, Robert McCauley. (Court Reporter, Melissa Mormile (973-776-7710)) (kd) |
Filing 40
TEXT ORDER - Oral Argument on the pending Motion for Preliminary Injunction (Rodgers, et al. v. Color Street LLC, et al., Civ. No. 23-3943, ECF No. #33 ) shall be heard on 9/19/2023 at 11:00 a.m. in Newark - Courtroom MLK 5D before District Judge Julien X. Neals. Counsel shall confirm their attendance via letter filed on the CM/ECF by close of business day September 8, 2023. So Ordered by Judge Julien Xavier Neals on 9/7/2023. (kd)
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Filing 38
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Julien Xavier Neals and Magistrate Judge Jessica S. Allen for all further proceedings. Judge Kevin McNulty, Magistrate Judge Michael A. Hammer no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 9/5/23. (ak, )
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Filing 39
TEMPORARY RESTRAINING ORDER granting #33 Plaintiff's Motion for a Temporary Restraining Order; staying the Arbitration proceedings. The Court finds that there is good cause to excuse the security requirement under Fed. R. Civ. P. 65(c), and therefore, no such bond will be required. Signed by Judge Julien Xavier Neals on 9/1/2023. (dam)
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Filing 37
ORDER consolidating Color Street I (2:22-cv-02267-JXN-JSA), and Color Street II (2:23-cv-03943-KM-MAH), for all purposes under the lead docket of 2:22-cv-02267-JXN-JSA. Following the close of Fact Discovery and/or dispositive motion practice, any party may seek leave to modify and/or deconsolidate these cases. Signed by Magistrate Judge Jessica S. Allen on 8/21/2023. (dam)
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| Filing 36 ANSWER to Complaint with JURY DEMAND by COLOR STREET LLC, FA YOUNG PARK, LISA R SCHMITT, and ANGELA MARIE POLSGROVE. (SCHOLZ, JOSEPH) Modified on 8/16/2023 (dam). |
| Filing 35 Letter. (SCHOLZ, JOSEPH) |
| Filing 34 Letter from Thomas Ambrosio, Esq.. (AMBROSIO, THOMAS) |
| Filing 33 MOTION for Preliminary Injunction and for Temporary Restraining Order by Tracy Rodgers and Robert McCauley. (Attachments: #1 Memorandum in Support of Preliminary Injunction, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Tracy Rodgers, #5 Declaration of Robert McCaley, #6 Declaration of Cart Thornton, Esq., #7 Text of Proposed Order) (AMBROSIO, THOMAS) Modified on 8/7/2023 (dam). Modified on 8/16/2023 (dam). |
| Set Deadlines as to #33 MOTION for Preliminary Injunction and for Temporary Restraining Order. Motion set for 9/5/2023 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) Modified on 8/16/2023 (dam). |
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Filing 32
STIPULATION and ORDER extending the time for Defendants COLOR STREET LLC, Fa Young Park, Lisa R Schmitt, and Angela Marie Polsgrove to answer, move, or otherwise reply through 8/16/2023. Signed by Magistrate Judge Michael A. Hammer on 7/31/2023. (dam)
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| Filing 31 Letter from Joseph R. Scholz, Counsel for Defendants Color Street LLC, Fa Young Park, Lisa R. Schmitt and Angela Mare Polsgrove. (SCHOLZ, JOSEPH) |
| Judge Kevin McNulty and Magistrate Judge Michael A. Hammer added. (ps) |
| Filing 30 Certified Copy of Transfer Order and docket received, Case transferred in from District of Idaho; Case Number 2:22-cv-00397. Original file certified copy of transfer order and docket sheet received. |
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Filing 29
MEMORANDUM DECISION AND ORDER - Defendants Motion to Dismiss or Transfer Venue (Dkt. #17 ) is GRANTED; the Clerk of the Court shall transfer this case to the District of New Jersey. Plaintiffs Motion to Stay Arbitration or, in the Alternative, for Injunctive Relief (Dkt. #16 ) is DENIED as MOOT. Plaintiffs Emergent Motion to Stay Arbitration (Dkt. #27 ) is DENIED as MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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| Filing 28 DECLARATION of Angela Polsgrove in Support of Motion to Dismiss or Transfer Venue re #17 MOTION to Dismiss - Defendants' Motion to Dismiss or Transfer Venue - filed by Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt . (Anderson, Tyler) File Lodged with Clerk's Office on 6/8/2023, Exhibit D, 1 Thumb Drive, Stored in File Room (swk). |
| Filing 27 MOTION to Stay Arbitration Cara Fishburn Thornton appearing for Plaintiffs Robert McCauley, Tracy Rodgers. Responses due by 4/20/2023 (Attachments: #1 Memorandum in Support of Plaintiffs' Emergent Motion to Stay Arbitration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Thornton, Cara) |
| Filing 26 REPLY to Response to Motion re #17 MOTION to Dismiss - Defendants' Motion to Dismiss or Transfer Venue - filed by Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt.Motion Ripe Deadline set for 1/27/2023.(Anderson, Tyler) |
| Filing 25 REPLY to Response to Motion re #16 MOTION to Stay Arbitration filed by Robert McCauley, Tracy Rodgers.Motion Ripe Deadline set for 1/27/2023. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M)(Thornton, Cara) |
| The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw) |
| Filing 24 Docket entry only - CONSENT to Magistrate Judge filed. (alw) |
| Filing 23 MEMORANDUM in Opposition re #17 MOTION to Dismiss - Defendants' Motion to Dismiss or Transfer Venue - filed by Robert McCauley, Tracy Rodgers. Replies due by 1/19/2023. (Attachments: #1 Exhibit Declaration of Katie Witt, #2 Exhibit 1 to Declaration of Katie Witt, #3 Exhibit 2 to Declaration of Katie Witt)(Thornton, Cara) |
| Filing 22 MEMORANDUM in Opposition re #16 MOTION to Stay Arbitration or, in the Alternative, for Injunctive Relief filed by Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt. Replies due by 1/19/2023. (Attachments: #1 Affidavit of Glenn Mills, #2 Second Declaration of Joseph R. Scholz)(Anderson, Tyler) |
| Filing 21 DOCKET ENTRY ORDER. Pending before the Court is the Parties' Stipulated Motion to Extend Briefing. Dkt. #20 . Good cause appearing, the same is GRANTED. Responses to the Motions filed at Dkts. #16 and #17 shall be filed on or before January 5, 2023. Replies in support of the Motions shall be filed on or before January 26, 2023.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb) |
| Filing 20 Second MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss - Defendants' Motion to Dismiss or Transfer Venue -, #16 MOTION to Stay Arbitration Tyler J Anderson appearing for Defendants Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt. Responses due by 1/13/2023 (Anderson, Tyler) |
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Filing 19
DOCKET ENTRY ORDER. Pending before the Court is the Parties' Stipulated Motion to Extend Briefing. Dkt. #18 . Good cause appearing, the same is GRANTED. Responses to the Motions filed at Dkts. #16 and #17 shall be filed on or before December 29, 2022. Replies in support of the Motions shall be filed on or before January 19, 2023. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
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| Filing 18 Stipulated MOTION to Extend Briefing Schedule for Plaintiffs' Motion to Stay Arbitration #16 and Defendants' Motion to Dismiss or Transfer Venue #17 . Responses due by 12/28/2022. (jd) |
| Filing 17 MOTION to Dismiss - Defendants' Motion to Dismiss or Transfer Venue - Tyler J Anderson appearing for Defendants Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt. Responses due by 12/12/2022 (Attachments: #1 Defendants' Memorandum in Support of Motion to Dismiss or Transfer Venue, #2 Declaration of Angela M. Polsgrove, #3 Declaration of Tyler J. Anderson, #4 Exhibit A to Tyler A. Anderson's Declaration, #5 Exhibit B to Tyler Anderson's Declaration, #6 Declaration of Joseph R. Scholz, #7 Exhibit A to Joseph R. Sholz Declaration, #8 Exhibit B to Joesph R. Scholz Declaration)(Anderson, Tyler) |
| Filing 16 MOTION to Stay Arbitration Cara Fishburn Thornton appearing for Plaintiffs Robert McCauley, Tracy Rodgers. Responses due by 12/12/2022 (Attachments: #1 Memorandum in Support of Motion to Stay Arbitration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Thornton, Cara) |
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Filing 15
ORDER GRANTING STIPULATED MOTION TO EXTEND TIME TO RESPOND TO COMPLAINT. Defendants shall have up to and including November 21, 2022, to respond. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
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| Filing 14 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Color Street LLC, Robert McCauley, Fa Young Park, Angela Marie Polsgrove, Tracy Rodgers, Lisa R Schmitt re #12 Notice of Appearance, #1 Complaint Consent/Objection to Magistrate due by 1/17/2023. (alw) |
| NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (alw) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #1 Complaint Stipulated Tyler J Anderson appearing for Defendants Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt. Responses due by 12/5/2022 (Anderson, Tyler) |
| Filing 12 NOTICE of Appearance by Tyler J Anderson on behalf of Color Street LLC, Fa Young Park, Angela Marie Polsgrove, Lisa R Schmitt (Anderson, Tyler) |
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Filing 11
DOCKET ENTRY ORDER. Pursuant to the status report filed by the parties (Dkt. #10 ), Defendants' deadline to answer or otherwise respond is extended to November 14, 2022. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
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| Filing 10 STATUS REPORT by Robert McCauley, Tracy Rodgers. (Thornton, Cara) |
| Filing 9 SUMMONS Returned Executed by Tracy Rodgers, Robert McCauley. Color Street LLC served on 9/30/2022, answer due 10/21/2022; Angela Marie Polsgrove served on 9/30/2022, answer due 10/21/2022; Lisa R Schmitt served on 9/28/2022, answer due 10/19/2022. (Attachments: #1 Summons, #2 Summons)(Thornton, Cara) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Tracy Rodgers, Robert McCauley. Fa Young Park waiver sent on 10/11/2022, answer due 12/12/2022. (Thornton, Cara) |
| Filing 7 DOCKET ENTRY ORDER approving #5 Motion for Pro Hac Vice Appearance of attorney Cara Fishburn Thornton for Robert McCauley, Cara Fishburn Thornton for Tracy Rodgers Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) |
| Filing 6 ERRATA by Plaintiffs Robert McCauley, Tracy Rodgers re Corrective Entry, . (Collins, Brindee) |
| CORRECTIVE ENTRY - The entry docket number #5 MOTION FOR PRO HAC VICE APPEARANCE by Cara Fishburn Thornton. ( Filing fee $ 250 receipt number AIDDC-2461464.) filed by Tracy Rodgers, Robert McCauley is missing the /s/ of both attorneys. Please refile as errata with /s/ included in pro hac.(alw) |
| Filing 5 MOTION FOR PRO HAC VICE APPEARANCE by Cara Fishburn Thornton. ( Filing fee $ 250 receipt number AIDDC-2461464.)Brindee L Collins appearing for Plaintiffs Robert McCauley, Tracy Rodgers. Responses due by 10/28/2022 (Collins, Brindee) |
| Filing 4 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Summons, #2 Summons, #3 Summons)(alw) |
| Filing 3 Civil Cover Sheet re #2 Civil Cover Sheet, Corrective Entry. (Collins, Brindee) |
| Filing 2 Civil Cover Sheet re Corrective Entry, #1 Complaint filed by Tracy Rodgers, Robert McCauley. (Collins, Brindee) |
| CORRECTIVE ENTRY - Please file the missing Civil Cover Sheet.(alw) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AIDDC-2451145.), filed by All Plaintiffs. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Cover Sheet)(Collins, Brindee) |
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