Buehler v. American Airlines Group Inc. et al
| Dianne Buehler |
| American Airlines Group Inc. and Jetblue Airway's Corporation |
| 1:2023cv04089 |
| May 24, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Taryn A Merkl |
| Nina R Morrison |
| Anti-Trust |
| 28 U.S.C. § 1337 Sherman-Clayton Act |
| Plaintiff |
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| Case Consolidated. (RG) |
ORDER: The Court has received the parties' consent motion to consolidate Buehler v. American Airlines Group Inc., et al, 23-cv-4089, into In re American Airlines/JetBlue Antitrust Litigation, lead case No. 22-cv-7374. (See No. 22-cv-7374, ECF No. 40.) A court may consolidate cases pursuant to Federal Rule of Civil Procedure 42(a) where they "involve a common question of law or fact." A court has "broad discretion to consolidate actions under Rule 42(a)." Stone v. Agnico-Eagle Mines Ltd., 280 F.R.D. 142, 143 (S.D.N.Y. 2012) (citing Devlin v. Transp. Commc'ns Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999)). "Consolidation is warranted where it promotes judicial economy and serves to eliminate... the danger of inconsistent verdicts." KGK Jewelry LLC v. ESDNetwork, Nos. 11-CV-9236, 12-CV-9130, 2014 WL 7333291, at *2 (S.D.N.Y. Dec. 24, 2014) (internal quotation marks omitted); Johnson v. Celotex Corp., 899 F.2d 1281, 1284 (2d Cir. 1990) (considerations of judicial economy weigh in favor of consolidation). On January 10, 2023, the Court has ordered that all related putative class action cases that are subsequently filed in or transferred to this Court will be consolidated into 22-cv-7374. (See ECF No. 25 (All antitrust class actions on behalf of direct purchasers of airline tickets... from defendants JetBlue Airways Corp.... and American Airlines Group Inc.... from when the Northeast Alliance was officially established on July 16, 2020 through the present day, subsequently filed in, or transferred to, this District will be consolidated into this action.).) Because 23-cv-4089 satisfies this description, it is hereby consolidated into 22-cv-7374. ( Ordered by Judge Ann M Donnelly on 7/5/2023 ) (RG)
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| Cases associated with lead case 22-cv-7374(AMD) (RG) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Taryn A. Merkl for all further proceedings. Magistrate Judge Sanket J. Bulsara no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 6/6/2023. (SR)
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ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly for all further proceedings. Judge Nina R. Morrison no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 6/5/2023. (SR)
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| Filing 35 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. (SR) |
| Filing 34 Case transferred in from District of Massachusetts; Case Number 1:23-cv-10281. Original file certified copy of transfer order and docket sheet received. |
| Notice of Related Case: Related Case indicated on transfer order. (SR) |
| The case of Buehler v. American Airlines Group Inc. et al, has been transferred from District of Massachusetts to the Eastern District of New York. The new case number is 23-cv-4089. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| Filing 33 Case transferred to the Eastern District of New York. Case File Electronically Transferred to the Clerk in that District on May 24, 2023. (Dore, Samantha) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 32 District Judge Leo T. Sorokin: ORDER entered. ORDER ON MOTION TO DISMISS OR TRANSFER (DOC. NO. #22 ) Accordingly, the defendants' Motion to Dismiss or Transfer (Doc. No. 22) is ALLOWED to the extent it seeks an order transferring this action to the Eastern District of New York and is otherwise DENIED. (Dore, Samantha) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 31 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #30 Joint Stipulation and [Proposed] Order Staying Defendants' Deadline to Respond by American Airlines Group Inc. ALLOWED.(Belmont, Kellyann) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 30 STIPULATION re #1 Complaint, Joint Stipulation and [Proposed] Order Staying Defendants' Deadline to Respond by American Airlines Group Inc.. (Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 29 AFFIDAVIT of Marguerite M. Sullivan in Support re #22 MOTION to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) filed by American Airlines Group Inc., JetBlue Airways Corporation. (Attachments: #1 Exhibit 1)(Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 28 REPLY to Response to #22 MOTION to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) filed by American Airlines Group Inc., JetBlue Airways Corporation. (Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 27 District Judge Leo T. Sorokin: New Civil Cases Procedural ORDER entered. (Dore, Samantha) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 26 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #25 MOTION for Leave to File Reply in Support of Motion to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dore, Samantha)[Transferred from Massachusetts on 6/2/2023.] |
| Filing 25 MOTION for Leave to File Reply in Support of Motion to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) by American Airlines Group Inc., JetBlue Airways Corporation.(Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 24 MEMORANDUM in Opposition re #22 MOTION to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) filed by Dianne Buehler. (Groopman, Steven) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) filed by American Airlines Group Inc., JetBlue Airways Corporation. (Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 22 MOTION to Dismiss or Transfer Under the First-to-File Rule or 28 U.S.C. 1404(a) by American Airlines Group Inc., JetBlue Airways Corporation.(Sullivan, Marguerite) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 21 NOTICE of Appearance by Brian Hauser on behalf of JetBlue Airways Corporation (Hauser, Brian) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 20 NOTICE of Appearance by Richard F. Schwed on behalf of JetBlue Airways Corporation (Schwed, Richard) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 19 NOTICE of Appearance by Jessica K Delbaum on behalf of JetBlue Airways Corporation (Delbaum, Jessica) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 18 NOTICE of Appearance by Matthew L. Craner on behalf of JetBlue Airways Corporation (Craner, Matthew) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 17 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice Added Marguerite M. Sullivan, Allyson M. Maltas, and Seung Wan Paik. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Dore, Samantha) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Marguerite M. Sullivan, Allyson M. Maltas, and Seung Wan Paik Filing fee: $ 375, receipt number AMADC-9762478 by American Airlines Group Inc.. (Attachments: #1 Certification of Marguerite M. Sullivan, #2 Certification of Allyson M. Maltas, #3 Certification of Seung Wan Paik)(Tolley, David) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by JetBlue Airways Corporation. (MacKinlay, Glenn) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by American Airlines Group Inc.. (Tolley, David) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 13 NOTICE of Appearance by David C. Tolley on behalf of American Airlines Group Inc. (Tolley, David) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 12 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #11 Motion for Leave to Appear Pro Hac Vice Added Matthew L. Craner, Jessica K. Delbaum, Richard Schwed, and Brian Hauser. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Dore, Samantha) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 11 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Matthew L. Craner, Jessica K. Delbaum, Richard Schwed, and Brian Hauser Filing fee: $ 500, receipt number AMADC-9760638 by JetBlue Airways Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(MacKinlay, Glenn) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 10 NOTICE of Appearance by Glenn A. MacKinlay on behalf of JetBlue Airways Corporation (MacKinlay, Glenn) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Dianne Buehler. JetBlue Airways Corporation waiver sent on 2/7/2023, answer due 4/10/2023. (LaSalle, Kristie) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by Dianne Buehler. American Airlines Group Inc. waiver sent on 2/7/2023, answer due 4/10/2023. (LaSalle, Kristie) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 7 NOTICE of Appearance by Christina Louise Gregg on behalf of Dianne Buehler (Gregg, Christina) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 6 NOTICE of Appearance by Kristie A. LaSalle on behalf of Dianne Buehler (LaSalle, Kristie) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 5 NOTICE of Appearance by Kathleen M. Donovan-Maher on behalf of Dianne Buehler (Donovan-Maher, Kathleen) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 4 NOTICE of Appearance by Todd A Seaver on behalf of Dianne Buehler (Seaver, Todd) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 3 Summons Issued as to American Airlines Group Inc., JetBlue Airways Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) [Transferred from Massachusetts on 6/2/2023.] |
| Filing 1 COMPLAINT against JetBlue Airways Corporation, American Airlines Group Inc. Filing fee: $ 402, receipt number AMADC-9701625 (Fee Status: Filing Fee paid), filed by Dianne Buehler. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Groopman, Steven) [Transferred from Massachusetts on 6/2/2023.] |
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