GILL v. PETCO HEALTH AND WELLNESS COMPANY INC. et al
| TONI GILL |
| PETCO HEALTH AND WELLNESS COMPANY INC., FLEXI NORTH AMERICA INC. and ABC CORPORATION 1-10 (FICTITIOUS NAMES) |
| 2:2024cv00351 |
| January 22, 2024 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Evelyn Padin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
TEXT ORDER: As discussed on the record during the March 20, 2024 Rule 16 conference, Plaintiff will file an Amended Complaint specifying the basis for this Court's personal jurisdiction over Defendant flexi North America LLC by April 3, 2024. By April 13, 2024, Defendant flexi North America LLC will inform the Court and Plaintiff whether, in light of the Amended Complaint, it intends to still move to dismiss based on Rule 12(b)(2). If flexi North America LLC still intends to move under Rule 12(b)(2), then Plaintiff may serve targeted jurisdictional discovery, consisting of a maximum of 5 interrogatories, and 5 requests to produce on flexi North America. Counsel for Plaintiff and flexi North America will then meet and confer concerning: (1) a deadline for Plaintiff to serve the written discovery; (2) a deadline for flexi North America to respond to the discovery requests, and (3) briefing deadlines for the motion to dismiss. Counsel will then submit those proposed deadlines to the Court by April 20, 2024. If flexi North America announces that, based on the Amended Complaint, it does not intend to move to dismiss, then the parties will submit a jointly proposed scheduling order for the Court's consideration. So Ordered by Magistrate Judge Michael A. Hammer on 3/20/2024. (Hammer, Michael)
|
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling/Settlement Conference held on 3/20/2024. (ECR) (jqb, ) |
| Filing 16 Joint Discovery Plan by FLEXI NORTH AMERICA INC..(RICHMAN, STEVEN) |
| Filing 15 Corporate Disclosure Statement by FLEXI NORTH AMERICA INC. identifying flexi-Bogdahn International Beteiligungs GmbH as Corporate Parent.. (RICHMAN, STEVEN) |
|
Filing 14
ORDER granting #9 Motion to Withdraw as Attorney. Attorney BORIS BROWNSTEIN terminated. The Court has reviewed Mr. Richman's letter to the Court #13 . It appearing that any indication on the docket listing Mr. Brownstein as representation for Defendant Petco Health and Wellness Inc. was in fact a clerical error, and having received no opposition as to Mr. Brownstein's motion to withdraw #9 , and further considering Mr. Richman's substitution of counsel for Defendant Flexi North America, Mr. Brownstein's motion to withdraw is granted. Further to this Court's Order, the Clerk's office is directed to (i) remove Mr. Brownstein from the docket of attorneys to be noticed as to Defendant Flexi-North America; and (ii) remove Mr. Brownstein and Mr. Richman from the docket as attorneys to be noticed as to Defendant Petco Health and Wellness Company Inc. The Rule 16 conference will proceed as directed in the Court's February 26, 2024 Order 11 . Signed by Magistrate Judge Michael A. Hammer on 3/7/24. (tad)
|
| Filing 13 Letter from Steven M. Richman re 12 Order,,,,,. (RICHMAN, STEVEN) |
|
Filing 12
TEXT ORDER: The Court is in receipt of Mr. Brownstein's motion to withdraw his appearance as counsel for Defendants Petco and Flexi-North America #9 . However, it is unclear if Mr. Brownstein ever entered an appearance for Defendant Petco, or if his designation as lead attorney on the docket is a clerical error. For example, in the Notice of Removal, Defendant Flexi-North America states that it is the removing Defendant and that "[t]he entity named by Plaintiff as a defendant PETCO HEALTH AND WELLNESS COMPANY INC. does not appear to exist and there is no evidence that it has been served" [D.E. 1]. Further, in Mr. Brownstein's pre-motion letters to the Court, he identifies that his firm, Clark Hill PLC, represents Defendant, Flexi-North America, and makes no inference that Clark Hill PLC represents Defendant Petco #2 . But, Mr. Brownstein's February 22, 2024 Declaration, attached to his notice of motion to withdraw as counsel, specifically states that "[o]n January 22, 2024, I filed a Notice of Removal on behalf of Defendants Petco Health and Wellness Company Inc. and Flexi-North America Inc." [9-1]. Accordingly, by or before March 12, 2024 Mr. Brownstein will file a letter clarifying his representation as to Defendants in this action. So Ordered by Magistrate Judge Michael A. Hammer on 3/6/24. (tad)
|
|
Filing 11
TEXT ORDER: There will be a Rule 16 Scheduling Conference before the Undersigned on 3/20/2024 at 3:30 p.m. The conference shall proceed in person. The parties will be expected to discuss settlement in addition to pretrial matters and scheduling. Clients or their duly authorized representatives must appear for the conference. If the client/client representative cannot appear in person, they must be available at all times via remote access (i.e., Microsoft Teams) or telephone. In advance of the conference, the Undersigned expects the parties to discuss settlement with each other, and will inquire at the conference about the parties discussions. The parties shall electronically file the joint discovery plan by 3/18/2024. So Ordered by Magistrate Judge Michael A. Hammer on 2/26/2024. (jqb, )
|
| #9 MOTION to Withdraw as Attorney REFERRED to Michael A. Hammer. (bt) |
| Filing 10 AMENDED DOCUMENT by FLEXI NORTH AMERICA INC.. Amendment to #8 Notice of Appearance for Flexi North America Inc.. (RICHMAN, STEVEN) |
| Set Deadlines as to #9 MOTION to Withdraw as Attorney . Motion set for 3/18/2024 before Judge Evelyn Padin. 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. (sm) |
| Filing 9 MOTION to Withdraw as Attorney by FLEXI NORTH AMERICA INC., PETCO HEALTH AND WELLNESS COMPANY INC.. (Attachments: #1 Declaration of Boris Brownstein)(BROWNSTEIN, BORIS) |
| Filing 8 NOTICE of Appearance by STEVEN M. RICHMAN on behalf of FLEXI NORTH AMERICA INC., PETCO HEALTH AND WELLNESS COMPANY INC. (RICHMAN, STEVEN) |
| Filing 7 Letter from Martin F. Kronberg, Esq.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(KRONBERG, MARTIN) |
|
Filing 6
TEXT ORDER: The Court has reviewed the parties' pre-motion letters. D.E.s #2 , #4 , #5 . By 2/15/24, Plaintiff shall respond to Defendant's substantive jurisdictional arguments, including but not limited to any justification for jurisdictional discovery. So Ordered by Judge Evelyn Padin on 2/13/2024. (jr)
|
| Filing 5 Letter from Flexi NA for permission to file reply to Plaintiff's Response. (BROWNSTEIN, BORIS) |
| Filing 4 Letter from Martin F. Kronberg, Esq.. (KRONBERG, MARTIN) |
|
Filing 3
TEXT ORDER: Plaintiff shall respond to Defendants' pre-motion letter D.E. #2 by 2/12/2024. So Ordered by Judge Evelyn Padin on 2/9/2024. (bt)
|
| Filing 2 Letter from Flexi NA's Request for Pre-motion conference in connection with anticipated R. 12(b)(2) motion. (Attachments: #1 Exhibit Ex. A - NJ State Court Dismissal of Flexi NA for Lack of Personal Jurisdiction)(BROWNSTEIN, BORIS) |
| Case Assigned to Judge Evelyn Padin and Magistrate Judge Michael A. Hammer. (ak, ) |
| CASE REFERRED to Arbitration. (ak, ) |
| Filing 1 NOTICE OF REMOVAL by FLEXI NORTH AMERICA INC. from Superior Court of New Jersey, case number L-177-24. ( Filing and Admin fee $ 405 receipt number ANJDC-15026567), filed by FLEXI NORTH AMERICA INC.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(BROWNSTEIN, BORIS) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
