MCLAREN v. THE UPS STORE, INC. et al
Plaintiff: BARBARA MCLAREN
Defendant: THE UPS STORE, INC., RK & SP SERVICES, INC. doing business as UPS Store #4122, HAMILTON PACK N SHIP LLC doing business as UPS Store #4122, TURQUOISE TERRAPIN LLC doing business as UPS Store #4122 and JB & A ENTERPRISES, INC.
Consolidated Plaintiff: VINCENT TRIPICCHIO
Case Number: 3:2021cv14424
Filed: July 30, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Douglas E Arpert
Referring Judge: Robert Kirsch
2 Judge: Michael A Shipp
3 Judge: Freda L Wolfson
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2023 Opinion or Order Filing 100 ORDER permitting the filing of Plaintiffs' Consolidated Amended Complaint. The Clerk is directed to consolidate these actions for discovery and pretrial purposes. Signed by Magistrate Judge Douglas E. Arpert on 9/20/2023. (mlh)
September 18, 2023 Opinion or Order Filing 99 STIPULATION Defendants' Consent to the Filing of Plaintiffs' Consolidated Amended Complaint by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Exhibit A Proposed Consolidated Amended Complaint)(FLEMING, DANIEL)
August 23, 2023 Opinion or Order Filing 98 TEXT ORDER: Counsel are directed to meet and confer in a good faith effort to resolve the matters discussed with the Court on 8/3/2023 and to submit a joint report to the Court by 9/22/2023. So Ordered by Magistrate Judge Douglas E. Arpert on 8/23/2023. (eh, )
August 3, 2023 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Status Conference held on 8/3/2023, via Zoom. (eh, )
August 3, 2023 Opinion or Order Filing 97 TEXT ORDER: Directing the status conference scheduled for 8/3/2023 at 2:00 pm will be conducted via Zoom. So Ordered by Magistrate Judge Douglas E. Arpert on 8/2/2023. (eh, )
July 31, 2023 Opinion or Order Filing 96 Letter from Jared M Placitella re #95 Letter. (PLACITELLA, JARED)
July 31, 2023 Opinion or Order Filing 95 Letter from Daniel C. Fleming respectfully requesting that the status conference scheduled on August 3 at 2:00pm take place by phone or zoom or other video format. re 94 Order, Set Hearings. (FLEMING, DANIEL)
July 13, 2023 Opinion or Order Filing 94 TEXT ORDER: The Court will conduct a Status Conference on 8/3/2023 at 2:00 PM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert. So Ordered by Magistrate Judge Douglas E. Arpert on 7/13/2023. (eh, )
June 22, 2023 Opinion or Order Filing 93 NOTICE by BARBARA MCLAREN CHANGE OF LAW FIRM FOR KENT A. BRONSON, ESQUIRE (PLACITELLA, JARED)
June 13, 2023 Opinion or Order Filing 92 REPLY to Response to Motion filed by BARBARA MCLAREN re #76 MOTION for Preliminary Injunction (Attachments: #1 Certification, #2 Certificate of Service, #3 Exhibit A, #4 Exhibit B)(PLACITELLA, JARED)
May 30, 2023 Opinion or Order Filing 91 BRIEF in Opposition filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. re #76 MOTION for Preliminary Injunction (Attachments: #1 Declaration of Mark R. McDonald in Support of Defendants' Opposition, #2 Exhibit A O'Neal Transcript excerpt, #3 Exhibit B Franchise Agreement)(FLEMING, DANIEL)
May 15, 2023 Opinion or Order Filing 90 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Robert Kirsch for all further proceedings. Judge Michael A. Shipp no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/15/2023. (gxh)
May 5, 2023 Opinion or Order Filing 89 LETTER ORDER granting leave for Defendant's to file their opposition briefs by 5/30/2023 and for Plaintiff's to file their reply briefs by 6/13/2023. Signed by Judge Michael A. Shipp on 5/4/2023. (kht)
May 4, 2023 Opinion or Order Filing 88 Letter from Daniel C. Fleming and Plaintiffs' counsel respectfully requesting leave for Defendants to file their opposition briefs by May 30, 2023 and for Plaintiffs to file their reply briefs by June, 13, 2023 re 87 Order,,,,, Terminate Motions,,,,. (FLEMING, DANIEL)
May 3, 2023 Opinion or Order Filing 87 TEXT ORDER: This matter comes before the Court upon its review of the docket. On November 30, 2022, Plaintiff Barbara McLaren ("Plaintiff") filed a Motion for a Preliminary Injunction. (ECF No. #76 .) On December 2, 2022, the Honorable Freda L. Wolfson ordered (ECF No. #79 ) that Defendants' opposition briefs to Plaintiff's Preliminary Injunction Motion shall be filed 14 days after the issuance of the Court's decision on Plaintiff's Motion to Remand (ECF No. 64) and Defendants' Motion to Dismiss in the Tripicchio matter (No. 21-14512, ECF No. 60). The Court recently entered decisions on Plaintiffs Motion to Remand (ECF Nos. #85 - #86 ) and Defendants' Motion to Dismiss in the Tripicchio matter (No. 21-14512, ECF Nos. 83-84). Based on its inherent authority to control the matters on its docket, and for other good cause shown, the Court finds good cause to reinstate Plaintiff's Motion for Preliminary Injunction (ECF No. #76 ) as of May 1, 2023. Accordingly, Defendants must file their opposition briefs by May 15, 2023. So Ordered by Judge Michael A. Shipp on 5/3/2023. (jdb)
April 29, 2023 Opinion or Order Filing 86 ORDER denying #64 Plaintiff's Motion to Remand and #73 Defendants' Motion to Strike. Signed by Judge Michael A. Shipp on 4/29/2023. (jdb)
April 29, 2023 Opinion or Order Filing 85 MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 4/29/2023. (jdb)
March 29, 2023 Opinion or Order Filing 84 ORDER that Plaintiff's #60 Motion for an Order removing the confidentiality designations from certain discovery materials and certain other relief is DENIED. Signed by Magistrate Judge Douglas E. Arpert on 3/29/2023. (jdg)
January 31, 2023 Opinion or Order Filing 83 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael A. Shipp for all further proceedings. Chief Judge Freda L. Wolfson no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 1/31/2023. (jjc, )
December 16, 2022 Opinion or Order Filing 82 ORDER denying #65 Motion to Seal; granting #74 Motion to Seal; denying #77 Motion to Seal. Signed by Magistrate Judge Douglas E. Arpert on 12/16/2022. (mg)
December 14, 2022 Opinion or Order Filing 81 Letter re #80 Letter. (PLACITELLA, JARED)
December 14, 2022 Opinion or Order Filing 80 Letter from Daniel Fleming concerning the motions to seal. re #77 MOTION to Seal . (FLEMING, DANIEL)
December 2, 2022 Opinion or Order Filing 79 LETTER ORDER that Defendants' opposition briefs to the Plaintiff's Motion for preliminary injuction shall be filed 14 days after issuance of Court's decision on McLaren's Motion to remand, and Defendants' Motion to dismiss the Tripicchio matter. Signed by Chief Judge Freda L. Wolfson on 12/2/2022. (mg)
December 1, 2022 Opinion or Order Filing 78 Letter from Daniel C. Fleming concerning the Motion for Preliminary Injunction that McLaren filed on November 30, 2022, and the Motion for Preliminary Injunction that Tripicchio filed on December 1, 2022. re #76 MOTION for Preliminary Injunction . (FLEMING, DANIEL)
December 1, 2022 Opinion or Order Set Deadlines as to #76 MOTION for Preliminary Injunction . Motion set for 1/3/2023 before Chief Judge Freda L. Wolfson. 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. (kht)
December 1, 2022 Opinion or Order Set Deadlines as to #77 MOTION to Seal . Motion set for 1/3/2023 before Magistrate Judge Douglas E. Arpert. 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. (kht)
December 1, 2022 Opinion or Order Set Deadlines as to #77 MOTION to Seal . Motion set for 1/3/2023 before Magistrate Judge Douglas E. Arpert. 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. (mlh)
November 30, 2022 Opinion or Order Filing 77 MOTION to Seal by BARBARA MCLAREN. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit A, #4 Exhibit B, #5 Exhibit D)(PLACITELLA, JARED)
November 30, 2022 Opinion or Order Filing 76 MOTION for Preliminary Injunction by BARBARA MCLAREN. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(PLACITELLA, JARED)
November 21, 2022 Opinion or Order Filing 75 BRIEF in Opposition filed by BARBARA MCLAREN re #73 Cross MOTION to Strike #70 Reply Brief to Opposition to Motion,,, Evidence submitted with Plaintiff's Reply Brief (PLACITELLA, JARED)
November 1, 2022 Opinion or Order Set Deadlines as to #73 Cross MOTION to Strike #70 Reply Brief to Opposition to Motion,,, Evidence submitted with Plaintiff's Reply Brief. Motion set for 12/5/2022 before Chief Judge Freda L. Wolfson. 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. (jdg)
November 1, 2022 Opinion or Order Set Deadlines as to #74 MOTION to Seal . Motion set for 12/5/2022 before Magistrate Judge Douglas E. Arpert. 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. (jdg)
October 31, 2022 Opinion or Order Filing 74 MOTION to Seal by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Memorandum of Law, #2 Declaration Fleming Declaration in Support of Motion to Seal, #3 Exhibit 1 to Fleming Declaration, #4 Text of Proposed Order)(FLEMING, DANIEL)
October 31, 2022 Opinion or Order Filing 73 Cross MOTION to Strike #70 Reply Brief to Opposition to Motion,,, Evidence submitted with Plaintiff's Reply Brief by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Brief, #2 Text of Proposed Order)(FLEMING, DANIEL)
October 20, 2022 Opinion or Order Filing 72 Letter from Daniel C. Fleming writing in response to the October 19, 2022 letter from Cohen Placitella and Roth re #71 Letter. (FLEMING, DANIEL)
October 19, 2022 Opinion or Order Filing 71 Letter from Eric S. Pasternack. (PASTERNACK, ERIC)
October 17, 2022 Opinion or Order Filing 70 REPLY BRIEF to Opposition to Motion filed by BARBARA MCLAREN re #64 MOTION to Remand (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Certificate of Service)(PASTERNACK, ERIC)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
October 11, 2022 Opinion or Order Filing 69 NOTICE of Appearance by ERIC SCOTT PASTERNACK on behalf of BARBARA MCLAREN (PASTERNACK, ERIC)
September 30, 2022 Opinion or Order Filing 68 RESPONSE in Opposition filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. re #64 MOTION to Remand (Attachments: #1 Declaration of Mark R. McDonald in Support of Defendants' Opposition to Plaintiff McLaren's Renewed Motion to Remand, #2 Exhibit A TUPSS, Inc. Deposition Excerpts, #3 Exhibit B Hamilton Pack N Ship Deposition Excerpts, #4 Exhibit C JB&A Enterprises Deposition Excerpt, #5 Exhibit D Excerpt from 3/26/2022 Argument before U.S. Court of Appeals for the Third Circuit, #6 Exhibit E Excerpt from Plaintiff's Opposition to Defendants' Motion to Dismiss, #7 Exhibit F Excerpt from 11/13/2022 Hearing on Defendants' Motion to Dismiss, #8 Declaration of Victoria Stodden, Ph.D., #9 Appendix A of Victoria Stodden Declaration)(FLEMING, DANIEL)
September 12, 2022 Opinion or Order Filing 67 RESPONSE in Support filed by BARBARA MCLAREN re #60 MOTION to Seal Document (PLACITELLA, JARED)
September 2, 2022 Opinion or Order Set Deadlines as to #64 MOTION to Remand . Motion set for 10/3/2022 before Chief Judge Freda L. Wolfson. 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. (kht)
September 1, 2022 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The #65 Motion to Seal filed by Jared Placitella on 8/31/2022 attached a Memorandum of Law in Support of the #64 Motion to Remand and exhibits that contain sensitive information. The Clerk's Office has sealed the sensitive documents. E-filers can not seal documents attached to a motion. To seal a document use the appropriate event that relates to the filing and seal when prompted. This message is for informational purposes only. (km)
September 1, 2022 Opinion or Order Set Deadlines as to #64 MOTION to Remand . Motion set for 10/3/2022 before Chief Judge Freda L. Wolfson. 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. (jdg)
September 1, 2022 Opinion or Order Set Deadlines as to #65 MOTION to Seal . Motion set for 10/3/2022 before Magistrate Judge Douglas E. Arpert. 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. (jdg)
August 31, 2022 Opinion or Order Filing 66 BRIEF in Opposition filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. re #60 MOTION to Seal Document (FLEMING, DANIEL)
August 31, 2022 Opinion or Order Filing 65 MOTION to Seal by BARBARA MCLAREN. (Attachments: #1 Brief, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order, #6 Certificate of Service)(PLACITELLA, JARED)
August 31, 2022 Opinion or Order Set Deadlines as to #64 MOTION to Remand . Motion set for 10/3/2022 before Chief Judge Freda L. Wolfson. 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. (jdg)
August 30, 2022 Opinion or Order Filing 64 MOTION to Remand by BARBARA MCLAREN. (Attachments: #1 Brief, #2 Declaration of Kent A. Bronson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Text of Proposed Order, #13 Certificate of Service)(PLACITELLA, JARED)
August 22, 2022 Opinion or Order Filing 63 LETTER ORDER granting parties' request for an extension of the existing motion deadlines; Defendants' response #62 was received and considered. Signed by Magistrate Judge Douglas E. Arpert on 8/22/2022. (jdg)
August 22, 2022 Opinion or Order Filing 62 Letter from Daniel C. Fleming opposing Plaintiff's request for an extension of the August 23, 2022 deadline. re #61 Letter. (FLEMING, DANIEL)
August 19, 2022 Opinion or Order Filing 61 Letter re #59 Order. (PLACITELLA, JARED)
August 18, 2022 Opinion or Order Set Deadlines as to #60 MOTION to Seal Document . Motion set for 9/19/2022 before Magistrate Judge Douglas E. Arpert. 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. (jdg)
August 17, 2022 Opinion or Order Filing 60 MOTION to Seal Document by BARBARA MCLAREN. (Attachments: #1 Declaration, #2 Statement, #3 Text of Proposed Order, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(PLACITELLA, JARED)
July 21, 2022 Opinion or Order Filing 59 LETTER ORDER that Plaintiff's Application must be resubmitted to the Court in greater detail. Defendant's response must be submitted seven days thereafter. Signed by Magistrate Judge Douglas E. Arpert on 7/21/2022. (jdg)
July 21, 2022 Opinion or Order Filing 58 NOTICE of Appearance by DAFNEY DUBUISSON STOKES on behalf of HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. (DUBUISSON STOKES, DAFNEY)
July 21, 2022 Opinion or Order TEXT Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Status Conference held on 7/21/2022. (eh, )
July 20, 2022 Opinion or Order Filing 57 Letter from Jared M Placitella re #55 Letter. (PLACITELLA, JARED)
July 15, 2022 Opinion or Order Filing 56 TEXT ORDER A telephone status conference has been set before Magistrate Judge Douglas Arpert on 7/21/22 at 11:30am. Counsel for Defendants is to set up and initiate the call to chambers (609-989-2144). So Ordered by Magistrate Judge Douglas E. Arpert on 7/15/22. (JB)
July 14, 2022 Opinion or Order Filing 55 Letter from Daniel Fleming re #38 Order Reopening Case. (FLEMING, DANIEL)
June 24, 2022 Opinion or Order Filing 54 Discovery Confidentiality Order filed. Signed by Magistrate Judge Douglas E. Arpert on 6/24/2022. (jdg)
June 23, 2022 Opinion or Order Filing 53 Letter from Jared M Placitella. (PLACITELLA, JARED)
June 23, 2022 Opinion or Order Filing 52 LETTER ORDER directing Defendants to provide the specific deposition dates selected by 6/28/2022; Defendants must produce the requested information by 7/1/2022. Signed by Magistrate Judge Douglas E. Arpert on 6/23/2022. (jdg)
June 22, 2022 Opinion or Order Filing 51 ORDER granting #43 Motion for Leave to Appear Pro Hac Vice as to Kent Andrew Bronson. Signed by Magistrate Judge Douglas E. Arpert on 6/22/2022. (jdg)
June 21, 2022 Opinion or Order Filing 50 Letter from Daniel C. Fleming in response to the letter submitted by McLarens counsel (Dkt. No. 49). re #49 Letter. (FLEMING, DANIEL)
June 17, 2022 Opinion or Order Filing 49 Letter from Jared M Placitella. (PLACITELLA, JARED)
June 14, 2022 Opinion or Order Filing 48 LETTER ORDER correcting entry #47 . The parties are directed to meet-and-confer in order to resolve the issues articulated in #45 Letter and #46 Letter and whether the Parties would like to request an extension of time to complete jurisdictional discovery. Signed by Magistrate Judge Douglas E. Arpert on 6/13/2022. (eh, )
June 13, 2022 Opinion or Order Filing 47 LETTER ORDER - PLEASE SEE CORRECTED ENTRY AT #48 . Modified on 6/14/2022 (eh).
June 13, 2022 Opinion or Order Filing 46 Letter to Judge Arpert containing exhibits from Jared M. Placitella. (jal, )
June 13, 2022 Opinion or Order Filing 45 Letter from Jared M Placitella re #41 Letter. (PLACITELLA, JARED)
June 13, 2022 Opinion or Order Filing 44 ORDER denying Defendant's letter request "that the Court order the two Plaintiffs in these related cases to appear for deposition[s] #41 . Signed by Magistrate Judge Douglas E. Arpert on 6/10/2022. (jdg)
June 9, 2022 Opinion or Order Set Deadlines as to #43 MOTION for Leave to Appear Pro Hac Vice Kent Andrew Bronson. Motion set for 7/5/2022 before Magistrate Judge Douglas E. Arpert. 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. (jdg)
June 8, 2022 Opinion or Order Filing 43 MOTION for Leave to Appear Pro Hac Vice Kent Andrew Bronson by BARBARA MCLAREN. (PLACITELLA, JARED)
June 7, 2022 Opinion or Order Filing 42 Letter from Jared M. Placitella re #41 Letter. (PLACITELLA, JARED)
June 6, 2022 Opinion or Order Filing 41 Letter from Daniel C. Fleming respectfully requesting that the Court order the two Plaintiffs in these related cases to appear for deposition before June 23, 2022 re #38 Order Reopening Case. (FLEMING, DANIEL)
May 24, 2022 Opinion or Order Filing 40 Letter from Jared Placitella re #39 Letter. (PLACITELLA, JARED)
May 23, 2022 Opinion or Order Filing 39 Letter. (PLACITELLA, JARED)
May 23, 2022 Opinion or Order Filing 38 ORDER implementing Judgment of the United States Court of Appeals for the Third Circuit. Signed by Chief Judge Freda L. Wolfson on 5/23/2022. (abr, )
May 17, 2022 Opinion or Order Filing 37 MANDATE of USCA as to #28 Notice of Appeal (USCA), filed by TURQUOISE TERRAPIN LLC, THE UPS STORE, INC., HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC. (Finance notified) (Attachments: #1 Clerk's Letter to the District Court, #2 Opinion)(lr)
May 17, 2022 Opinion or Order Pursuant to #37 Mandate by the USCA, the USDC Judgment entered on 1/31/2022 is vacated and remanded. (abr, )
May 17, 2022 Opinion or Order Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 5/17/2022. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (abr, )
May 11, 2022 Opinion or Order Filing 36 TEXT ORDER terminating #33 Motion for Judgment on the Pleadings. Because the Court has not received a copy of the Third Circuit's mandate in this matter, this case has not been re-opened pursuant to an order of this Court. As such, Defendants' motion for judgment on the pleadings is premature. The parties are directed to notify the Court when the mandate issues. ORDERED by Chief Judge Freda L. Wolfson on 5/11/2022. (Fang, W)
May 9, 2022 Opinion or Order Filing 35 Letter from Pltf Tripicchio re #34 Letter. (OSEFCHEN, JOSEPH)
May 9, 2022 Opinion or Order Filing 34 Letter from Jared M Placitella. (PLACITELLA, JARED)
May 9, 2022 Opinion or Order Set Deadlines as to #33 MOTION for Judgment on the Pleadings . Motion set for 6/6/2022 before Chief Judge Freda L. Wolfson. 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. (jdg)
May 6, 2022 Opinion or Order Filing 33 MOTION for Judgment on the Pleadings by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. Responses due by 5/23/2022 (Attachments: #1 Defendants' Memorandum of Law, #2 Declaration of Mark R. McDonald, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Text of Proposed Order, #8 Certificate of Service)(FLEMING, DANIEL)
April 25, 2022 Opinion or Order Filing 32 USCA JUDGMENT ORDERED and ADJUDGED by this Court that the judgment of the District Court entered on January 31, 2022 is hereby VACATED and REMANDED.(ca3tmm, )
March 10, 2022 Opinion or Order Filing 31 TRANSCRIPT REQUEST by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC., TURQUOISE TERRAPIN LLC (FIOCCOLA, DAVID)
March 2, 2022 Opinion or Order Filing 30 USCA Case Number 22-1379 for #28 Notice of Appeal (USCA), filed by TURQUOISE TERRAPIN LLC, THE UPS STORE, INC., HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC.. USCA Case Manager Laurie (Document Restricted - Court Only) (lr)
March 2, 2022 Opinion or Order Filing 29 LETTER ORDER denying Defendants' #19 Motion to Stay. Signed by Chief Judge Freda L. Wolfson on 3/2/2022. (abr, )
March 2, 2022 Opinion or Order USCA Appeal Fee received $505 receipt number TRE125104 re #28 Notice of Appeal (USCA), filed by TURQUOISE TERRAPIN LLC, THE UPS STORE, INC., HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC. (jem)
March 1, 2022 Opinion or Order Filing 28 NOTICE OF APPEAL by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC., TURQUOISE TERRAPIN LLC. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (jem) Modified on 5/12/2022 (DS).
March 1, 2022 Opinion or Order Filing 27 Letter from Daniel C. Fleming respectfully requesting that Your Honor enter an Order Staying the Remand Orders pending the completion of these appeals as soon as possible and before the March 4, 2022 return dates in the Superior Court of New Jersey. re #26 Order on Petition for Leave to Appeal. (FLEMING, DANIEL)
March 1, 2022 Opinion or Order Filing 26 ORDER of USCA GRANTING Petition for Leave of Appeal (lr )
February 28, 2022 Opinion or Order Filing 25 Letter from Daniel C. Fleming regarding the status of the Courts ruling on Defendants motions to stay the remand orders pending the resolution of Defendants petition and appeal to the Third Circuit. re #22 Order,. (FLEMING, DANIEL)
February 21, 2022 Opinion or Order Filing 24 REPLY to Response to Motion filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. re #19 MOTION to Stay re #17 Order [Motion to Stay the Remand Order Pending Appeal] (FLEMING, DANIEL)
February 18, 2022 Opinion or Order Filing 23 BRIEF in Opposition filed by BARBARA MCLAREN re #19 MOTION to Stay re #17 Order [Motion to Stay the Remand Order Pending Appeal] (Attachments: #1 Certificate of Service)(PLACITELLA, JARED)
February 14, 2022 Opinion or Order Filing 22 LETTER ORDER that Plaintiffs' opposition brief shall be filed by 2/18/2022; Defendant's reply brief, if any, shall be filed by 2/21/2022; that the decision on the motion to stay will soon follow after briefing is complete. Signed by Chief Judge Freda L. Wolfson on 2/14/2022. (jem)
February 11, 2022 Opinion or Order Filing 21 Letter from Daniel C. Fleming respectfully requests that the Court consider Defendants Stay Motions as promptly as possible. re #19 MOTION to Stay re #17 Order [Motion to Stay the Remand Order Pending Appeal]. (FLEMING, DANIEL)
February 11, 2022 Opinion or Order Filing 20 NOTICE of Appearance by DANIEL C. FLEMING on behalf of HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. (FLEMING, DANIEL)
February 9, 2022 Opinion or Order Set Deadlines as to #19 MOTION to Stay re #17 Order [Motion to Stay the Remand Order Pending Appeal]. Motion set for 3/7/2022 before Chief Judge Freda L. Wolfson. 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. (jdb, )
February 8, 2022 Opinion or Order Filing 19 MOTION to Stay re #17 Order [Motion to Stay the Remand Order Pending Appeal] by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Brief Motion to Stay Remand Order Pending Appeal, #2 Declaration of Mark R. McDonald in Support of Defendants' Motion to Stay the Remand Pending Appeal, #3 Exhibit A, #4 Text of Proposed Order Granting Defendants' Motion to Stay the Remand Order)(FIOCCOLA, DAVID)
January 31, 2022 Opinion or Order Filing 18 Transmittal Letter for remanded case to Mercer County CourthouseP.O. Box 8068 175 South Broad StreetTrenton, NJ 08650 State No: MER-L919-20. Mailed certified copy of the Order remanding case. (jdb)
January 31, 2022 Opinion or Order Filing 17 LETTER ORDER granting Plaintiffs' Motion to Remand and denying McLaren's request for attorneys' fess and costs in connection with her motion. Signed by Chief Judge Freda L. Wolfson on 01/31/2022. (jdb)
January 31, 2022 Opinion or Order ***Civil Case Terminated. (jdb, )
September 27, 2021 Opinion or Order Filing 16 RESPONSE in Support filed by BARBARA MCLAREN re #3 MOTION to Remand (PLACITELLA, JARED)
September 20, 2021 Opinion or Order Filing 15 BRIEF in Opposition filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. re #3 MOTION to Remand (Attachments: #1 Declaration of Mark R. McDonald, #2 Exhibit A to Declaration of Mark R. McDonald, #3 Declaration of Judith Milner, #4 Declaration of John Pellizzari)(FIOCCOLA, DAVID)
September 16, 2021 Opinion or Order Filing 14 Notice of Request by Pro Hac Vice Caroline Ramsey Taylor to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12806683.) (PLACITELLA, JARED)
September 16, 2021 Opinion or Order Filing 13 Notice of Request by Pro Hac Vice Caroline Ramsey Taylor to receive Notices of Electronic Filings. (PLACITELLA, JARED)
September 16, 2021 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the Request for Electronic Notification of Pro Hac Vice Counsel submitted by Jared Placitella on 09/16/2021 cannot be processed until pro hac counsel has been admitted and the application fee paid. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel once payment has been recorded. This message is for informational purposes only. (jdb, )
September 16, 2021 Opinion or Order Pro Hac Vice counsel, CAROLINE RAMSEY TAYLOR, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb)
September 15, 2021 Opinion or Order Filing 12 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to Caroline Ramsey Taylor. Signed by Magistrate Judge Douglas E. Arpert on 09/15/2021. (jdb)
September 14, 2021 Opinion or Order Filing 11 MOTION for Leave to Appear Pro Hac Vice Caroline Ramsey Taylor by BARBARA MCLAREN. (PLACITELLA, JARED)
September 14, 2021 Opinion or Order Set Deadlines as to #11 MOTION for Leave to Appear Pro Hac Vice Caroline Ramsey Taylor. Motion set for 10/18/2021 before Magistrate Judge Douglas E. Arpert. 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. (jdb, )
September 8, 2021 Opinion or Order Pro Hac Vice counsel, MARK R. MCDONALD and ADAM J. HUNT, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jdb)
September 7, 2021 Opinion or Order Filing 10 Notice of Request by Pro Hac Vice Adam J. Hunt to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12780422.) (FIOCCOLA, DAVID)
September 7, 2021 Opinion or Order Filing 9 Notice of Request by Pro Hac Vice Mark R. McDonald to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12780416.) (FIOCCOLA, DAVID)
September 2, 2021 Opinion or Order Filing 8 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #3 MOTION to Remand . (FIOCCOLA, DAVID)
September 2, 2021 Opinion or Order Reset Deadlines as to #3 MOTION to Remand . Motion reset for 10/4/2021 before Chief Judge Freda L. Wolfson. 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. (jdb)
September 1, 2021 Opinion or Order Filing 7 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Adam J. Hunt. Signed by Magistrate Judge Douglas E. Arpert on 09/01/2021. (jdb)
September 1, 2021 Opinion or Order Filing 6 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice as to Mark R. McDonald. Signed by Magistrate Judge Douglas E. Arpert on 09/01/2021. (jdb)
August 31, 2021 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Certification of David J. Fioccola, #2 Certification of Adam J. Hunt, #3 Text of Proposed Order)(FIOCCOLA, DAVID)
August 31, 2021 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Certification of David J. Fioccola, #2 Certification of Mark R. McDonald, #3 Text of Proposed Order)(FIOCCOLA, DAVID)
August 31, 2021 Opinion or Order Set Deadlines as to #5 MOTION for Leave to Appear Pro Hac Vice , #4 MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/4/2021 before Magistrate Judge Douglas E. Arpert. 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. (jdb)
August 20, 2021 Opinion or Order Filing 3 MOTION to Remand by BARBARA MCLAREN. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order, #4 Certificate of Service, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5)(PLACITELLA, JARED)
August 20, 2021 Opinion or Order Set Deadlines as to #3 MOTION to Remand . Motion set for 9/20/2021 before Chief Judge Freda L. Wolfson. 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. (jdb)
July 30, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by THE UPS STORE, INC. identifying United Parcel Service, Inc. as Corporate Parent.. (FIOCCOLA, DAVID)
July 30, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC. from New Jersey Superior Court, Mercer County, case number MER-L-000919-20. ( Filing and Admin fee $ 402 receipt number ANJDC-12676413), filed by HAMILTON PACK N SHIP LLC, RK & SP SERVICES, INC., THE UPS STORE, INC.. (Attachments: #1 Civil Cover Sheet, #2 Declaration of David J. Fioccola in Support of Defendants' Notice of Removal, #3 Exhibit A, #4 Exhibit B, #5 Declaration of Judith Milner in Support of Defendants' Notice of Removal)(FIOCCOLA, DAVID)
July 30, 2021 Opinion or Order Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (jal, )

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Search for this case: MCLAREN v. THE UPS STORE, INC. et al
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Plaintiff: BARBARA MCLAREN
Represented By: JARED MICHAEL PLACITELLA
Represented By: ERIC SCOTT PASTERNACK
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Defendant: THE UPS STORE, INC.
Represented By: DAVID JOHN FIOCCOLA
Represented By: DAFNEY DUBUISSON STOKES
Represented By: DANIEL C. FLEMING
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Defendant: RK & SP SERVICES, INC. doing business as UPS Store #4122
Represented By: DAVID JOHN FIOCCOLA
Represented By: DAFNEY DUBUISSON STOKES
Represented By: DANIEL C. FLEMING
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Defendant: HAMILTON PACK N SHIP LLC doing business as UPS Store #4122
Represented By: DAVID JOHN FIOCCOLA
Represented By: DAFNEY DUBUISSON STOKES
Represented By: DANIEL C. FLEMING
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Defendant: TURQUOISE TERRAPIN LLC doing business as UPS Store #4122
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Defendant: JB & A ENTERPRISES, INC.
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Consolidated plaintiff: VINCENT TRIPICCHIO
Represented By: ERIC SCOTT PASTERNACK
Represented By: JARED MICHAEL PLACITELLA
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