JERSEY MIKE'S FRANCHISE SYSTEMS, INC. v. AMERICAN ARBITRATION ASSOCIATION, INC. et al
| JERSEY MIKE'S FRANCHISE SYSTEMS, INC. |
| AMERICAN ARBITRATION ASSOCIATION, INC., OPHELIA AUGUSTINE, CECELIA LAHR and ALEXANDER LUCE |
| 3:2023cv03444 |
| June 26, 2023 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Georgette Castner |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice as to JOSHUA B. SWIGART. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/9/2023. (jdg)
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Filing 47
CONSENT ORDER granting a 60 day extension of time to file a response to the amended complaint; The deadline to respond is now 12/26/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/25/2023. (jal, )
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| Filing 46 Letter from Paul J. Halasz. (Attachments: #1 Text of Proposed Order)(HALASZ, PAUL) |
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Filing 45
TEXT ORDER: This matter comes before the Court upon review of its docket and a proposed amended briefing schedule submitted by the parties (ECF No. #44 ). The parties' request is GRANTED. The Clerk shall administratively terminate, reopen and relist Defendants Ophelia Augustine's, Cecelia Lahr's and Alexander Luce's Motion to Dismiss (ECF No. #39 ) for December 8, 2023. Plaintiff's opposition papers will be due November 22, 2023, and Defendants' reply will be due December 6, 2023. All submissions shall be filed in accordance with court rules. So Ordered by Judge Georgette Castner on 10/24/23. (adi)
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| Set Deadlines as to #39 MOTION to Dismiss Plaintiff's Complaint. Motion set for 12/8/2023 before Judge Georgette Castner. 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) |
| Filing 44 Letter from PLAINTIFF re #39 MOTION to Dismiss Plaintiff's Complaint. (DICICCO, MICHAEL) |
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Filing 43
TEXT ORDER: Plaintiff's motion for attorney fees and costs pursuant to Rule 4(d)(2) (ECF #26 ) is administratively terminated, pending the District Court's decision on Defendants' motion to dismiss (ECF #39 ). The parties shall advise the Court once a decision on the motion to dismiss has been rendered. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 10/17/2023. (jem)
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| Filing 42 REPLY BRIEF to Opposition to Motion filed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC. re #26 First MOTION for Attorney Fees AND COSTS - RULE 4(d)(2) (Attachments: #1 Certification CERTIFICATE OF SERVICE)(DICICCO, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - The #40 "REPLY BRIEF TO OPPOSITION TO MOTION" submitted by KYLE TOGNAN on 10/16/2023 contains an improper signature. Only Local Counsel appearing in the case are permitted to electronically file documents. PLEASE RESUBMIT THE DOCUMENT USING THE APPROPRIATE COUNSEL'S ACCOUNT. This submission will remain on the docket unless otherwise ordered by the court. (mlh) |
| Filing 41 CERTIFICATE OF SERVICE by All Plaintiffs re #40 Reply Brief to Opposition to Motion (TOGNAN, KYLE) |
| Filing 40 REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re #26 First MOTION for Attorney Fees AND COSTS - RULE 4(d)(2) (Attachments: #1 Declaration Declaration of Seth M. Shapiro, Esq.)(TOGNAN, KYLE) |
| Set Deadlines as to #39 MOTION to Dismiss Plaintiff's Complaint. Motion set for 11/6/2023 before Judge Georgette Castner. 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) |
| Filing 39 MOTION to Dismiss Plaintiff's Complaint by OPHELIA AUGUSTINE, CECELIA LAHR, ALEXANDER LUCE. Responses due by 10/23/2023. (Attachments: #1 Declaration of Timothy Coughlan, Esq., #2 Exhibit, #3 Brief Memorandum in Support, #4 Text of Proposed Order Proposed Order, #5 Certificate of Service Certificate of Service)(COUGHLAN, TIMOTHY) |
| Filing 38 RESPONSE to Motion filed by OPHELIA AUGUSTINE, CECELIA LAHR, ALEXANDER LUCE re #26 First MOTION for Attorney Fees AND COSTS - RULE 4(d)(2) (Attachments: #1 Declaration of Joshua Swigart, Esq., #2 Certificate of Service)(COUGHLAN, TIMOTHY) |
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Filing 37
TEXT ORDER: This matter comes before the Court following the September 28, 2023 pre-motion conference. For the reasons set forth during the conference, Plaintiff's Motion for Preliminary Injunction (ECF No. #19 ) is administratively terminated as moot. Defendants shall have until October 13, 2023 to file a motion to dismiss. Plaintiff's opposition papers will be due October 23, 2023, and Defendants' reply will be due October 30, 2023. All submissions shall be filed in accordance with court rules. So Ordered by Judge Georgette Castner on 9/29/23. (adi)
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| Filing 36 Minute Entry for proceedings held before Judge Georgette Castner: Telephone Conference held on 9/28/2023. Ordered that the Motion for Preliminary Injunction is terminated as moot. A briefing schedule for the Motion to Dismiss shall be set. Order to issue. (Court Reporter, Kimberly Wilson (609-815-2751)) (adi) |
| Set Deadlines as to #35 MOTION for Leave to Appear Pro Hac Vice Joshua B. Swigart, Esq.. Motion set for 11/6/2023 before Magistrate Judge Tonianne J. Bongiovanni. 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. (jjc, ) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Joshua B. Swigart, Esq. by OPHELIA AUGUSTINE, CECELIA LAHR, ALEXANDER LUCE. (Attachments: #1 Certification of Timothy Coughlan, Esq., #2 Certification of Joshua B. Swigart, Esq, #3 Certification Pursuant to D.N.J. L. Civ. R. 7.1(d)(4), #4 Text of Proposed Order Proposed Order, #5 Certificate of Service)(COUGHLAN, TIMOTHY) |
| Filing 34 Letter from Michael M. DiCicco, Esq.. (TOGNAN, KYLE) |
| Filing 33 Corporate Disclosure Statement by AMERICAN ARBITRATION ASSOCIATION, INC. identifying none as Corporate Parent.. (HALASZ, PAUL) |
| Filing 32 NOTICE of Appearance by PAUL J. HALASZ on behalf of AMERICAN ARBITRATION ASSOCIATION, INC. (HALASZ, PAUL) |
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Filing 31
CONSENT ORDER granting Defendant's request for a 60 day extension of time to file a response the the first Amended Complaint; The deadline to file is now 10/27/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/20/2023. (jal, )
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| Filing 30 SUMMONS Returned Executed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (DICICCO, MICHAEL) |
| Filing 29 SUMMONS Returned Executed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. AMERICAN ARBITRATION ASSOCIATION, INC. served on 8/28/2023, answer due 9/18/2023. (DICICCO, MICHAEL) |
| Filing 28 WAIVER OF SERVICE Returned Executed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. ALEXANDER LUCE waiver sent on 9/19/2023, answer due 11/20/2023. (DICICCO, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added PAUL J. HALASZ as representing AMERICAN ARBITRATION ASSOCIATION, INC. in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mlh) |
| Filing 27 Letter from Paul J. Halasz, Esq.. (Attachments: #1 Text of Proposed Order Extending Time to Respond to Amended Complaint)(HALASZ, PAUL) |
| Set Deadlines as to #26 First MOTION for Attorney Fees AND COSTS - RULE 4(d)(2). Motion set for 10/16/2023 before Judge Georgette Castner. 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) |
| Filing 26 First MOTION for Attorney Fees AND COSTS - RULE 4(d)(2) by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (Attachments: #1 Declaration DECLARATION OF SHAPIRO, #2 Declaration DECLARATION OF DICICCO, #3 Brief MEMORANDUM OF LAW, #4 Text of Proposed Order PROPOSED FORM OF ORDER, #5 Certificate of Service CERTIFICATE OF SERVICE)(DICICCO, MICHAEL) |
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Filing 25
TEXT ORDER: A telephone conference has been set for 9/28/2023 at 10:00 AM before Judge Georgette Castner. The Court will provide dial in information prior to the call. So Ordered by Judge Georgette Castner on 9/14/23. (adi)
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| Filing 24 STIPULATION to stay AAA arbitrations by OPHELIA AUGUSTINE, CECELIA LAHR, ALEXANDER LUCE. (Attachments: #1 Stipulation, #2 Proposed Order, #3 Certificate of Service)(COUGHLAN, TIMOTHY) |
| Filing 23 Proposed Order by JERSEY MIKE'S FRANCHISE SYSTEMS, INC. re #19 First MOTION for Preliminary Injunction . (DICICCO, MICHAEL) |
| Filing 22 AMENDED COMPLAINT FIRST against All Defendants All Defendants., filed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC..(DICICCO, MICHAEL) |
| Pro Hac Vice counsel, SETH M. SHAPIRO and ROBERT M. EINHORN, 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. (mlh) |
| CLERK'S QUALITY CONTROL MESSAGE - The #18 AMENDED COMPLAINT submitted by MICHAEL DICICCO on 8/22/2023 contains an improper signature. Only Local Counsel appearing in the case are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mlh) |
| Filing 21 Notice of Request by Pro Hac Vice ROBERT M. EINHORN to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14558748.) (DICICCO, MICHAEL) |
| Filing 20 Notice of Request by Pro Hac Vice SETH M. SHAPIRO to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14558621.) (DICICCO, MICHAEL) |
| Filing 19 First MOTION for Preliminary Injunction by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (Attachments: #1 Brief MEMORANDUM OF LAW, #2 Declaration SCHERER DECLARATION, #3 Declaration SHAPIRO DECLARATION, #4 Certificate of Service CERTIFICATION OF SERVICE)(DICICCO, MICHAEL) |
| Filing 18 AMENDED COMPLAINT FIRST against ALEXANDER LUCE, filed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC..(DICICCO, MICHAEL) |
| Filing 17 NOTICE of Appearance by MICHAEL M. DICICCO on behalf of JERSEY MIKE'S FRANCHISE SYSTEMS, INC. (DICICCO, MICHAEL) |
| Filing 16 NOTICE of Appearance by MICHAEL M. DICICCO on behalf of JERSEY MIKE'S FRANCHISE SYSTEMS, INC. (DICICCO, MICHAEL) |
| Filing 15 Letter from Timothy Coughlan, Esq.. (COUGHLAN, TIMOTHY) |
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Filing 14
TEXT ORDER: This matter comes before the Court upon review of its docket, and Defendants Ophelia Augustine's and Cecilia Lahr's Motion to Dismiss (ECF No. #13 ). Pursuant to the Court's individual preferences, which may be found at https://www.njd.uscourts.gov/content/georgette-castner, before bringing a motion to dismiss... a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The Court hereby terminates ECF No. #13 . Defendants shall file a pre-motion conference letter in accordance with the Court's individual preferences. Moreover, "within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages." So ordered by Judge Georgette Castner on 8/18/2023. (eh, )
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| Set Deadlines as to #13 MOTION to Dismiss . Motion set for 9/18/2023 before Judge Georgette Castner. 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) |
| Filing 13 MOTION to Dismiss by OPHELIA AUGUSTINE, CECELIA LAHR. Responses due by 9/18/2023. (Attachments: #1 Declaration of Timothy Coughlan, Esq., #2 Exhibit Exhibit A, #3 Memorandum in Support, #4 Proposed Order, #5 Certificate of Service Certificate of Service)(COUGHLAN, TIMOTHY) |
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Filing 12
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to Seth M. Shapiro. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/9/2023. (jdg)
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Filing 11
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice as to Robert M. Einhorn. Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/9/2023. (jdg)
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| Clerk`s Text Order - The document #10 Application for Clerk's Order to Ext Answer/Proposed Order submitted by CECELIA LAHR and OPHELIA AUGUSTINE has been GRANTED. The answer due date has been set for 8/18/2023. (mlh) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added TIMOTHY COUGHLAN as representing CECELIA LAHR and OPHELIA AUGUSTINE in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mlh) |
| Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer. (COUGHLAN, TIMOTHY) |
| CLERK'S QUALITY CONTROL MESSAGE - The #9 "Application for Clerk Order to Ext Answer/Proposed Order" filed by TIMOTHY COUGHLAN on 8/2/2023 was submitted incorrectly as a "Application/Petition". PLEASE RESUBMIT the #9 "Application for Clerk Order to Ext Answer/Proposed Order" USING THE EVENT: Civil Events -> Other Filings -> Other Documents -> Application for Clerk Order to Ext Answer/Proposed Order. This submission will remain on the docket unless otherwise ordered by the court. (mlh) |
| Filing 9 APPLICATION/PETITION for Extension of Time to Answer, Move or Otherwise Reply for by OPHELIA AUGUSTINE, CECELIA LAHR. (COUGHLAN, TIMOTHY) |
| Set Deadlines as to #7 First MOTION for Leave to Appear Pro Hac Vice , #8 Second MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/21/2023 before Magistrate Judge Tonianne J. Bongiovanni. 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) |
| Filing 8 Second MOTION for Leave to Appear Pro Hac Vice by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (Attachments: #1 Certification CERTIFICATION OF MICHAEL M. DICICCO, #2 Certification CERTIFICATION OF SETH M. SHAPIRO, #3 Text of Proposed Order PROPOSED FORM OF ORDER, #4 Certificate of Service CERTIFICATION OF SERVICE)(DICICCO, MICHAEL) |
| Filing 7 First MOTION for Leave to Appear Pro Hac Vice by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (Attachments: #1 Certification CERTIFICATION OF MICHAEL M. DICICCO, #2 Certification CERTIFICATION OF ROBERT M. EINHORN, #3 Text of Proposed Order PROPOSED FORM OF ORDER, #4 Certificate of Service CERTIFICATION OF SERVICE)(DICICCO, MICHAEL) |
| Filing 6 SUMMONS Returned Executed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. CECELIA LAHR served on 7/15/2023, answer due 8/7/2023. (DICICCO, MICHAEL) |
| Filing 5 SUMMONS Returned Executed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. OPHELIA AUGUSTINE served on 7/15/2023, answer due 8/7/2023. (DICICCO, MICHAEL) |
| Filing 4 SUMMONS ISSUED as to AMERICAN ARBITRATION ASSOCIATION, INC., OPHELIA AUGUSTINE, CECELIA LAHR. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) |
| Filing 3 Exhibit to #1 Complaint CIVIL COVER SHEET by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (DICICCO, MICHAEL) (Main Document 3 replaced on 6/26/2023) (kht, ). |
| Filing 2 Corporate Disclosure Statement by JERSEY MIKE'S FRANCHISE SYSTEMS, INC.. (DICICCO, MICHAEL) (Main Document 2 replaced on 6/26/2023) (kht, ). |
| Filing 1 COMPLAINT against AMERICAN ARBITRATION ASSOCIATION, INC., OPHELIA AUGUSTINE, CECELIA LAHR ( Filing and Admin fee $ 402 receipt number ANJDC-14413538), filed by JERSEY MIKE'S FRANCHISE SYSTEMS, INC..(DICICCO, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - The Corporate Disclosure Statement #2 and the Exhibit (to Document) #3 filed by Michael M. DiCicco on 6/26/2023 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (kht) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (kht) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kht) |
| Judge Georgette Castner and Magistrate Judge Tonianne J. Bongiovanni added. (kht) |
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