Michel v. Petco Animal Supplies Stores, Inc. et al
| Michel and Deserie Michel |
| Petco Animal Supplies Stores, Inc, Petco Animal Supplies Stores, Inc. and Petco Holdings, Inc. |
| 1:2016cv01838 |
| April 14, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| LaShann DeArcy Hall |
| Peggy Kuo |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| CASE: 1:16-cv-01838 DETAILS: Case transferred from New York Eastern has been opened in Southern District of California as case 3:17-cv-01092, filed 05/30/2017. (Marziliano, August) |
| Case transferred from New York Eastern has been opened in Southern District of California as case 3:17-cv-01092, filed 05/30/2017. (Lee, Tiffeny) |
Filing 27
MEMORANDUM OF DECISION AND ORDER: As set forth in the Court's May 18, 2017 Memorandum of Decision and Order, Defendants' motion to dismiss, or in the alternative to transfer or stay the case #24 , is GRANTED in part and DENIED in part. The case is hereby TRANSFERRED to the Southern District of California. See attached Memorandum and Order for details. The Clerk of the Court is respectfully directed to transfer this matter to the Southern District of California. Ordered by Judge LaShann DeArcy Hall on 5/18/2017. (Valentin, Winnethka)
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ORDER: Defendant's motion to dismiss or, in the alternative, stay or transfer the case #24 is hereby GRANTED in part and DENIED in part. The case is hereby TRANSFERRED to the Southern District of California. The Court will issue an opinion to follow. Ordered by Judge LaShann DeArcy Hall on 12/29/2016. (Valentin, Winnethka)
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| Filing 26 REPLY in Support re #24 MOTION to Dismiss or, in the Alternative, to Stay or Transfer the Action filed by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Attachments: #1 Declaration of M. Maneker, #2 Exhibit N to M. Maneker Dec., #3 Exhibit O to M. Maneker Dec., #4 Exhibit P to M. Maneker Dec., #5 Declaration of S. Fuchs, #6 Exhibit A to S. Fuchs Dec., #7 Declaration of Service) (Fuchs, Stephen) |
| Filing 25 MEMORANDUM in Opposition re #24 MOTION to Dismiss or, in the Alternative, to Stay or Transfer the Action filed by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Attachments: #1 Declaration of Seth Lesser in Support, with Exhibits A & B, #2 Proposed Order Granting Oral Argument, #3 Declaration of Service) (Fuchs, Stephen) |
| Filing 24 MOTION to Dismiss or, in the Alternative, to Stay or Transfer the Action by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Maneker in Support, #3 Exhibit A to Maneker Dec., #4 Exhibit B to Maneker Dec., #5 Exhibit C to Maneker Dec., #6 Exhibit D to Maneker Dec., #7 Exhibit E to Maneker Dec., #8 Exhibit F to Maneker Dec., #9 Exhibit G to Maneker Dec., #10 Exhibit H to Maneker Dec., #11 Exhibit I to Maneker Dec., #12 Exhibit J to Maneker Dec., #13 Exhibit K to Maneker Dec., #14 Exhibit L to Maneker Dec., #15 Exhibit M to Maneker Dec., #16 Declaration of Fuchs in Support, #17 Exhibit A to Fuchs Dec., #18 Exhibit B to Fuchs Dec., #19 Exhibit C to Fuchs Dec., #20 Declaration of Service) (Fuchs, Stephen) |
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ORDER: Plaintiff's August 16, 2016 letter motion #23 on consent of Defendants for an extension of time to serve its opposition to Defendants' motion to dismiss, transfer, or stay the case is hereby GRANTED. Plaintiff shall serve its opposition by August 25, 2016. Defendants shall serve their reply, if any, and file the fully briefed motion by September 16, 2016. Counsel are reminded that this Court's Individual Practices require that courtesy copies of all motion papers be provided to Chambers at the time they are served on opposing counsel. Ordered by Judge LaShann DeArcy Hall on 8/17/2016. (Zdanys, Joanna)
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| Filing 23 MOTION for Extension of Time to File Response/Reply in Opposition to Defendants' Motion to Dismiss or Transfer pursuant to the July 11, 2016 Minute Entry and Order (setting a briefing schedule regarding same). by Deserie Michel. (Lesser, Seth) |
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SCHEDULING ORDER: In light of the briefing schedule established by Judge DeArcy Hall on Defendants' anticipated motion to dismiss, transfer, or stay the case, the initial conference before Magistrate Judge Peggy Kuo scheduled for July 14, 2016 is adjourned sine die. If Defendants' motion is not fully granted, the parties shall file a joint status report within 14 days following the determination of the motion, proposing next steps in this action. Ordered by Magistrate Judge Peggy Kuo on 7/11/2016. (Shterngel, Max)
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MINUTE ENTRY AND ORDER: The Court held a pre-motion conference on July 7, 2016 regarding Defendants' anticipated motion to dismiss, transfer, or stay the case. Counsel for both sides were present. Defendants were directed to serve their motion to dismiss, transfer, or stay the case by July 21, 2016. Plaintiff must serve its opposition by August 18, 2016. Defendants must serve their reply, if any, and electronically file the fully briefed motion by September 9, 2016. Counsel are reminded that this Court's Individual Practices require that courtesy copies of all motion papers be provided to Chambers at the time they are served on opposing counsel. Ordered by Judge LaShann DeArcy Hall on 7/11/2016. (Victoria Butler Torres) (Valentin, Winnethka) Modified on 7/12/2016 (Valentin, Winnethka).
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| Filing 22 RESPONSE in Opposition re #21 MOTION for pre motion conference filed by Deserie Michel. (Lesser, Seth) |
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ORDER: This Court's Individual Practices require that "within five (5) business days from service of a pre-motion letter, the non-movant must file a letter response not to exceed three (3) pages either opposing the motion or advising the Court that it does not intend to oppose the motion." To date, Plaintiff has not filed any response to Defendants' May 25, 2016 letter motion for a pre-motion conference #21 . Plaintiff is hereby ordered to file a letter response to Defendants' pre-motion letter no later than June 27, 2016. Ordered by Judge LaShann DeArcy Hall on 6/22/2016. (Valentin, Winnethka)
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ORDER: Defendants' May 25, 2016 letter motion for a pre-motion conference #21 regarding their anticipated motion to dismiss, transfer, or stay the case is hereby GRANTED. A pre-motion conference shall be held on July 7, 2016 at 11:00 a.m. in Courtroom 4H North. The Court will order a briefing schedule during the conference. The parties should anticipate a schedule that will require service of their motion within a short time after the pre-motion conference (usually two weeks). Ordered by Judge LaShann DeArcy Hall on 5/26/2016. (Valentin, Winnethka)
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| Filing 21 MOTION for pre motion conference by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Fuchs, Stephen) |
| Filing 20 NOTICE of Appearance by Seth R. Lesser on behalf of Deserie Michel (aty to be noticed) (Lesser, Seth) |
| Filing 19 NOTICE of Appearance by Jason J. Conway on behalf of Deserie Michel (aty to be noticed) (Conway, Jason) |
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Filing 18
SCHEDULING ORDER: An initial conference will be held in this case on July 14, 2016 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 322 North of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions, and are required to bring to the conference a completed copy of the attached proposed Initial Scheduling Order, a pdf-fillable version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-schedo.pdf. Any request for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference. Ordered by Magistrate Judge Peggy Kuo on 5/11/2016. (Attachments: #1 Initial Scheduling Order Form) (Riquelme, Claudia)
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| Filing 17 ANSWER to #1 Complaint by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Fuchs, Stephen) |
| Filing 16 Corporate Disclosure Statement by Petco Animal Supplies Stores, Inc., Petco Holdings, Inc. identifying Corporate Parent Petco Animal Supplies, Inc., Corporate Parent Petco Holdings, Inc. LLC for Petco Animal Supplies Stores, Inc.. (Fuchs, Stephen) |
| Filing 15 NOTICE of Appearance by Stephen A. Fuchs on behalf of Petco Animal Supplies Stores, Inc., Petco Holdings, Inc. (aty to be noticed) (Fuchs, Stephen) |
| Filing 14 NOTICE of Appearance by Christine Lee Hogan on behalf of Petco Animal Supplies Stores, Inc., Petco Holdings, Inc. (aty to be noticed) (Hogan, Christine) |
| Filing 13 SUMMONS Returned Executed by Deserie Michel. (Gershbaum, Charles) |
| Filing 12 SUMMONS Returned Executed by Deserie Michel. Petco Holdings, Inc. served on 4/19/2016, answer due 5/10/2016. (Gershbaum, Charles) |
| Filing 11 SUMMONS Returned Executed by Deserie Michel. Petco Animal Supplies Stores, Inc. served on 4/20/2016, answer due 5/11/2016. (Gershbaum, Charles) |
| Filing 10 NOTICE of Appearance by Charles Gershbaum on behalf of Deserie Michel (aty to be noticed) (Gershbaum, Charles) |
| Filing 9 NOTICE of Appearance by Marc Scott Hepworth on behalf of Deserie Michel (aty to be noticed) (Hepworth, Marc) |
| Filing 8 NOTICE of Appearance by Fran L. Rudich on behalf of Deserie Michel (aty to be noticed) (Rudich, Fran) |
| Filing 7 Summons Issued as to Petco Animal Supplies Stores, Inc., Petco Holdings, Inc.. (Attachments: #1 Summons) (Davis, Kimberly) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 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. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 0207-8534395 (Bowens, Priscilla) |
| Filing 4 Proposed Summons. Re #1 Complaint by Deserie Michel (Predovan, Rebecca) |
| Filing 3 Proposed Summons. Re #1 Complaint by Deserie Michel (Predovan, Rebecca) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Deserie Michel (Predovan, Rebecca) |
| Filing 1 COMPLAINT against Petco Animal Supplies Stores, Inc., Petco Holdings, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Deserie Michel. (Predovan, Rebecca) |
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