Berkson v. Gogo LLC et al
| Adam Berkson, Kerry Welsh and Berkson |
| Gogo Inc. and Gogo LLC |
| 1:2014cv01199 |
| February 25, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Jack B Weinstein |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2015. A more recent docket listing may be available from PACER.
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Filing 56
ORDER. In preparing the Memorandum and Order in connection with the preliminary motions in this case, the court discovered that the screenshots provided by defendants of the sign-in pages and the account creation pages allegedly accessed and used by plaintiffs Adam Berkson and Kerry Welsh were not clear enough for printing purposes. See Sladky Reply Decl. Exs. 1-2, July 3, 2014, ECF No. # 30 . Clear copies of the sign-in and account creation pages for both plaintiffs should be furnished. Such clear copies to be used in the opinion shall be furnished within 5 days. Within the same time, responses to the questions asked herein shall be filed. Ordered by Judge Jack B. Weinstein on 3/30/2015. (Barrett, C)
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| Filing 55 AFFIDAVIT/DECLARATION in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit A) (Laura, Anthony) |
| Filing 54 REPLY in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1) (Laura, Anthony) |
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Filing 53
ENDORSED ORDER approving # 50 Proposed Scheduling Order. Plaintiffs' supplemental briefing on the purported forum selection clause is to be filed with the Court on March 6, 2015 and Defendants' supplemental briefing is be filed with the Court on March 27, 2015. Ordered by Judge Jack B. Weinstein on 2/23/2015. (Barrett, C)
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| Filing 52 RESPONSE in Opposition re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss SUPPLEMENTAL RESPONSE IN OPPOSITION TO MOTION PURSUANT TO COURT ORDER DATED October 15, 2014 (Dkt. 42), filed by Adam Berkson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Reese, Michael) |
| Filing 51 NOTICE by Adam Berkson NOTICE OF CHANGE OF NAME OF LAW FIRM (Reese, Michael) |
| Filing 50 Proposed Scheduling Order in Response to Court December 24, 2014 Order (Dkt. 49) by Adam Berkson (Reese, Michael) |
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Filing 49
ORDER endorsed on # 48 . Granted. Submit new briefing schedule in 45 days. Ordered by Judge Jack B. Weinstein on 12/16/2014. (Barrett, C)
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| Filing 48 Proposed Scheduling Order by Adam Berkson (Reese, Michael) |
| Filing 47 REDACTION to # 22 Affidavit in Support of Motion Redacted Copy of Exhibit 1 by Gogo Inc., Gogo LLC (Laura, Anthony) |
| Filing 46 Proposed Scheduling Order by Kerry Welsh (Reese, Michael) |
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Filing 45
ORDER granting # 44 Motion to Seal; Defts request that Exhibit 1 to document # 22 as currently filed, be permanently restricted to counsel of record for the parties to this action; Defts request permission to file a redacted version, showing only the last four digits of the account number, for the public file; Approved. So Ordered by Judge Jack B. Weinstein on 11/20/2014. (Fernandez, Erica)
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| Filing 44 Letter MOTION to Seal Exhitbit 1 filed on 05/12/14 (Document 22-1) by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 to Letter to Judge Weinstein Re Redaction of Berkson_s American Express Account record on the docket) (Laura, Anthony) |
| Filing 43 Letter MOTION for Extension of Time to File Letter Motion for Extension of Briefing Schedule by Adam Berkson, Kerry Welsh. (Reese, Michael) |
| Filing 42 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 10/15/2014 re # 5 MOTION to Certify Class filed by Adam Berkson, # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois , Notice of Motion to Dismiss for Failure to State a Claim filed by Gogo LLC, Gogo Inc., # 21 MOTION to Change Venue , MOTION to Compel MOTION to Dismiss filed by Gogo LLC, Gogo Inc. Counsel for all sides present. Discovery shall be completed within 10 days. Briefs shall be submitted within 20 days. No further argument is required. The matter will be decided on submission. (Court Reporter M. Nardone.) (Barrett, C) |
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Filing 41
ORDER approving # 38 Letter filed by Kerry Welsh. Plaintiffs do not have to appear in person at the upcoming hearing. Ordered by Judge Jack B. Weinstein on 10/14/2014. (Barrett, C)
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Filing 40
ORDER Setting Hearing on # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim , # 5 MOTION to Certify Class , # 21 MOTION to Change Venue , MOTION to Compel , MOTION to Dismiss : Motion Hearing reset for 10/15/2014 at 11:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 10/14/2014. (Barrett, C)
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| Filing 39 NOTICE by Kerry Welsh re # 29 Response in Opposition to Motion, Recent Decisions Denying Motions to Compel Arbitration (Attachments: # 1 Exhibit A (Baker v. Bristol Care, Inc.), # 2 Exhibit B (Norcia v. Samsung Telecommunications America LLC)) (Reese, Michael) |
| Filing 38 Letter by Kerry Welsh (Reese, Michael) |
| Filing 37 Letter to The Honorable Jack B. Weinstein, U.S.D.J. confirming argument on current motions for October 15, 2014 at 11:00 a.m. by Gogo Inc., Gogo LLC (Laura, Anthony) |
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Filing 36
ORDER granting # 35 Motion for Hearing to be rescheduled. Granted to a date convenient to all parties and cleared with Case Coordinator June Lowe. Ordered by Judge Jack B. Weinstein on 9/9/2014. (Barrett, C)
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| Filing 35 MOTION for Hearing re Notice of Hearing on Motion, REQUEST FOR HEARING TO BE RESCHEDULED BACK TO SEPTEMBER 10, 2014, OR, ALTERNATIVELY, PLAINTIFF'S APPEARANCE TO BE EXCUSED by Kerry Welsh. (Reese, Michael) |
| NOTICE of Hearing on Motion # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim , # 5 MOTION to Certify Class , # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss : The Motion Hearing set for 9/10/14 is adjourned to 9/30/2014 at 10:45 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
| NOTICE of Hearing on Motion # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim , # 5 MOTION to Certify Class , # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss : The Motion Hearing set for 8/25/14 is adjourned to 9/10/2014 at 10:45 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June) |
| Filing 34 Consent MOTION to Adjourn Conference Consented Letter Motion to Adjourn August 25, 2014, Hearing to September 10, 2014 by Adam Berkson, Kerry Welsh. (Reese, Michael) |
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Filing 33
ORDER Setting Hearing on # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim , # 5 MOTION to Certify Class , # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss : The hearing scheduled for July 16, 2014, is adjourned to August 25, 2014, at 10:45 a.m. The court will also hear preliminary argument on the motion for class certification at that time. A plaintiff and a knowledgeable person for the defendant shall be present with counsel at the hearing. Motion Hearing set for 8/25/2014 at 10:45 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 7/10/2014. (Barrett, C)
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| Filing 32 RESPONSE to Motion re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss PLAINTIFFS' OBJECTIONS TO NEW EVIDENCE THAT DEFENDANTS SUBMITTED FOR THE FIRST TIME ON REPLY filed by Adam Berkson, Kerry Welsh. (Reese, Michael) |
| Filing 31 MEMORANDUM in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss Defendants' Reply Memorandum of Law in Support of their Motion to Dismiss in Favor of Arbitration, Transfer Venue or, in the Alternative, to Dismiss the Amended Class Action Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6) filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 30 AFFIDAVIT/DECLARATION in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss Reply Declaration of Dennis Sladky filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 to Reply Declaration of Dennis Sladky, # 2 Exhibit 2 to Reply Declaration of Dennis Sladky) (Laura, Anthony) |
| Filing 29 RESPONSE in Opposition re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Adam Berkson, Kerry Welsh. (Attachments: # 1 Declaration Declaration of George Granade, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Declaration Declaration of Adam Berkson, # 5 Declaration Declaration of Kerry Welsh, # 6 Notice of Motion Plaintiffs' Demand for Jury Trial Pursuant to 9 U.S.C. 4) (Reese, Michael) |
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Filing 28
ORDER granting # 27 Motion for Extension of Time to File/Consented Request Concerning Briefing Schedule for Motion to Compel Arbitration. Plaintiff's Opposition due 6/12/2014. Defendants' Reply due 7/3/2014. Ordered by Judge Jack B. Weinstein on 5/27/2014. (Barrett, C)
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| Filing 27 Consent MOTION for Extension of Time to File Consented Request Concerning Briefing Schedule for Motion to Compel Arbitration by Adam Berkson, Kerry Welsh. (Reese, Michael) |
| Filing 26 NOTICE of Appearance by George Volney Granade, II on behalf of Adam Berkson, Kerry Welsh (aty to be noticed) (Granade, George) |
| Filing 25 MEMORANDUM in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 24 AFFIDAVIT/DECLARATION in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 to Declaration of Anthony J. Laura) (Laura, Anthony) |
| Filing 23 AFFIDAVIT/DECLARATION in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 to Declaration of Dennis Sladky, # 2 Exhibit 2 to Declaration of Dennis Sladky, # 3 Exhibit 3 to Declaration of Dennis Sladky, # 4 Exhibit 4 to Declaration of Dennis Sladky) (Laura, Anthony) |
| Filing 22 AFFIDAVIT/DECLARATION in Support re # 21 MOTION to Change Venue MOTION to Compel MOTION to Dismiss filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 to Declaration of Steve Vair) (Laura, Anthony) |
| Filing 21 MOTION to Change Venue , MOTION to Compel , MOTION to Dismiss by Gogo Inc., Gogo LLC. (Laura, Anthony) |
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Filing 20
ORDER Setting Hearing on Motion # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim , # 5 MOTION to Certify Class : Motion Hearing set for 7/16/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 5/1/2014. (Barrett, C)
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| Filing 19 MEMORANDUM in Opposition re # 5 MOTION to Certify Class filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 18 Letter regarding pending motions by Gogo Inc., Gogo LLC (Laura, Anthony) |
| Filing 17 AMENDED COMPLAINT Amended Class Action Complaint against Gogo Inc., Gogo LLC, filed by Adam Berkson, Kerry Welsh. (Reese, Michael) |
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Filing 16
ORDER re # 15 : The Court will hear the defendants' motion as previously scheduled in connection with the amended complaint. Ordered by Judge Jack B. Weinstein on 4/22/2014. (Barrett, C) Modified docket text on 4/25/2014 to correct typographical error (Barrett, C).
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| Set/Reset Deadlines as to # 5 MOTION to Certify Class . Motion Hearing set for 5/5/2014 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Barrett, C) |
| Incorrect Case/Document/Entry Information. Document #18 was deleted due to error in filing and will be refiled by Atty Michael Robert Reese. (Galeano, Sonia) |
| Filing 15 RESPONSE to Motion re # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim filed by Adam Berkson. (Reese, Michael) |
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Filing 14
ORDER Setting Hearing on # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim : Defendants' motion to compel arbitration, transfer venue or, in the alternative, to dismiss the action, will be heard on May 5, 2014, at 11:30 a.m. (Motion Hearing set for 5/5/2014 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 4/9/2014. (Barrett, C)
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| Filing 13 MEMORANDUM in Support re # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim filed by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 12 AFFIDAVIT/DECLARATION in Support re # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1 - 3) (Laura, Anthony) |
| Filing 11 AFFIDAVIT/DECLARATION in Support re # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1) (Laura, Anthony) |
| Filing 10 AFFIDAVIT/DECLARATION in Support re # 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois Notice of Motion to Dismiss for Failure to State a Claim filed by Gogo Inc., Gogo LLC. (Attachments: # 1 Exhibit 1) (Laura, Anthony) |
| Filing 9 Notice of MOTION to Compel Arbitration or Transferring the Action to the Northern District of Illinois , Notice of Motion to Dismiss for Failure to State a Claim by Gogo Inc., Gogo LLC. (Laura, Anthony) |
| Filing 8 Corporate Disclosure Statement by Gogo Inc. (Laura, Anthony) |
| Filing 7 Corporate Disclosure Statement by Gogo LLC identifying Corporate Parent Gogo Intermediate Holdings, LLC, Corporate Parent Gogo, Inc. for Gogo LLC. (Laura, Anthony) |
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Filing 6
COURT ORDER ON CASE FILING: Magistrate Judge Bloom is directed to treat this case under Local Rule 72.2 and expedited. The case manager is to set a conference before the undersigned 45 days from today's date. Ordered by Judge Jack B. Weinstein, on 3/17/2014. (Barrett, C) Modified on 8/6/2014 (Barrett, C).
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| Filing 5 MOTION to Certify Class by Adam Berkson. (Attachments: # 1 Memorandum in Support) (Reese, Michael) |
| Filing 4 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. (Bowens, Priscilla) |
| Filing 3 Summons Issued as to Gogo Inc.. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to Gogo LLC. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-6752632 Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Adam Berkson. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons) (Reese, Michael) |
| Case assigned to Judge Jack B. Weinstein and Magistrate Judge Lois Bloom. (Bowens, Priscilla) |
| This attorney case opening filing has been checked for quality control. (Bowens, Priscilla) |
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