Dash v. Seagate Technology (US) Holdings, Inc.
Plaintiff: Matt Dash and Dash
Defendant: Seagate Technology (US) Holdings, Inc.
Case Number: 2:2013cv06329
Filed: November 14, 2013
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: A Kathleen Tomlinson
Referring Judge: Leonard D Wexler
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 14, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2014 Opinion or Order Filing 58 Letter from the Parties regarding Proposed Briefing Schedule on Seagate's Motion to Dismiss the Revised Amended Complaint by Seagate Technology (US) Holdings, Inc. (Attachments: #1 Proposed Order) (Joyce, Eamon)
October 20, 2014 Opinion or Order ORDER: Based on the telephone conversation with counsel for both Plaintiff and Defendant earlier today, the Court waives its pre-motion conference requirement and grants Plantiff leave to move for class certification in accordance with the briefing schedule already set by Magistrate Judge Tomlinson (Docket Entry #49). The parties are reminded of Judge Wexler's bundle rule such that the motion papers shall be served but not filed on ECF until the motion has been fully briefed. The motion shall be made directly to Magistrate Judge Tomlinson pursuant to the briefing schedule she put in place. So Ordered by Judge Leonard D. Wexler on 10/20/2014. (Minerva, Deanna)
October 20, 2014 Opinion or Order ORDER denying #57 Motion to Certify Class: Plaintiff's motion for class certification is denied, without prejudice, for failure to comply with Rule 2.B of the Court's Individual Rules, which requires a pre-motion conference with the Court before making any motion. So Ordered by Judge Leonard D. Wexler on 10/20/2014. (Minerva, Deanna)
October 17, 2014 Opinion or Order Filing 57 MOTION to Certify Class by Matt Dash. Responses due by 11/19/2014 (Attachments: #1 Memorandum in Support Of Motion For Class Certification) (Whalen, Paul)
October 9, 2014 Opinion or Order SCHEDULING ORDER re #54 Letter MOTION for pre motion conference filed by Seagate Technology (US) Holdings, Inc., #56 Letter filed by Matt Dash: The Court waives its pre-motion conference requirement and grants Defendant leave to move to dismiss Plaintiff's Revised Amended Complaint, solely with respect to Plaintiff's repleaded fraud claim. The Court has already considered and denied Defendant's motion to dismiss Plaintiff's New York General Business Law claims. Accordingly, counsel for the parties are directed to confer and to submit a joint proposed briefing schedule for Court approval within two (2) weeks from today with respect to Defendant's motion to dismiss only the repleaded fraud claim. So Ordered by Judge Leonard D. Wexler on 10/9/2014. (Minerva, Deanna)
October 3, 2014 Opinion or Order Filing 56 Letter in Opposition to Defendants Letter (Doc 54) Requesting a Pre-Motion Conference by Matt Dash (Whalen, Paul)
September 26, 2014 Opinion or Order Motions terminated, docketed incorrectly: #54 Letter MOTION for pre motion conference filed by Seagate Technology (US) Holdings, Inc. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made.) (Fagan, Linda)
September 26, 2014 Opinion or Order Filing 55 AFFIDAVIT/DECLARATION in Support re #54 Letter MOTION for pre motion conference filed by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Joyce, Eamon)
September 26, 2014 Opinion or Order Filing 54 Letter application for pre motion conference by Seagate Technology (US) Holdings, Inc.. (Joyce, Eamon) Modified on 9/29/2014 (Fagan, Linda).
September 12, 2014 Opinion or Order Filing 53 AMENDED COMPLAINT Revised against Seagate Technology (US) Holdings, Inc., filed by Matt Dash. (Whalen, Paul)
September 12, 2014 Opinion or Order Filing 52 Letter re: 50 filing of Revised Amended Complaint by Matt Dash (Whalen, Paul)
September 4, 2014 Opinion or Order Filing 51 Minute Entry for proceedings held before Judge Leonard D. Wexler: In camera Status Conference held on 9/4/2014. Plaintiff(s) represented by Paul C. Whalen, Esq. Defendant(s) represented by Eamon Paul Joyce, Esq. Parties are referred to Magistrate Judge A. Kathleen Tomlinson, in Courtroom 910, to address Defendant's objections to the Plaintiff's Amended Complaint, filed7/30/2014 (see docket entry #44 ). Proceedings concluded. (Russo, Eric)
September 4, 2014 Opinion or Order Filing 50 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 9/4/2014. SEE ATTACHED ORDER. (Rizvi, Asad)
August 25, 2014 Opinion or Order Filing 49 Minute Order. for proceedings held before Magistrate Judge A. Kathleen Tomlinson: granting in part and denying in part #40 Motion to Compel; Status Conference held on 8/22/2014. SEE ATTACHED ORDER for additional information. (Rizvi, Asad)
August 20, 2014 Opinion or Order Filing 48 Letter re 47 Concerning Defendants Status Report on Discovery by Matt Dash (Whalen, Paul)
August 20, 2014 Opinion or Order SCHEDULING ORDER re #45 Letter filed by Seagate Technology (US) Holdings, Inc., #46 Letter filed by Matt Dash: A pre-motion conference will be held on September 4, 2014 at 10:30 a.m. in Courtroom 940, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel shall appear. So Ordered by Judge Leonard D. Wexler on 8/20/2014. (Minerva, Deanna)
August 19, 2014 Opinion or Order Filing 47 STATUS REPORT in connection with the rescheduled discovery status conference to be held on August 22, 2014. by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
August 19, 2014 Opinion or Order Filing 46 Letter re: 45 Opposition to Pre-Motion Conference by Matt Dash (Attachments: #1 Exhibit Cited Case) (Whalen, Paul)
August 11, 2014 Opinion or Order Filing 45 Letter requesting Pre-Motion Conference for Motion to Strike and, in the alternative, Dismiss the First Amended Class Action Complaint by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
July 30, 2014 Opinion or Order Filing 44 AMENDED COMPLAINT Plaintiff's First Amended Class Action Complaint against Seagate Technology (US) Holdings, Inc., filed by Matt Dash. (Whalen, Paul)
July 25, 2014 Opinion or Order Filing 43 Letter Status Report related to the July 29 2014 Discovery Conference by Matt Dash (Whalen, Paul)
July 25, 2014 Opinion or Order SCHEDULING ORDER: Due to a scheduling conflict, the Court hereby ADJOURNS the July 29, 2014 Discovery Status Conference to August 22, 2014 at 3 p.m. in Courtroom 910. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/25/2014. (Rizvi, Asad)
July 24, 2014 Opinion or Order Filing 42 STATUS REPORT in connection with the Discovery Conference scheduled for July 29, 2014 by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
July 18, 2014 Opinion or Order Filing 41 RESPONSE in Opposition re #40 Letter MOTION to Compel Plaintiff to produce information responsive to Seagates Request for Production No. 24 pursuant to Rule 37 of the Federal Rules of Civil Procedure. filed by Matt Dash. (Attachments: #1 Exhibit A - K) (Whalen, Paul)
July 15, 2014 Opinion or Order Filing 40 Letter MOTION to Compel Plaintiff to produce information responsive to Seagates Request for Production No. 24 pursuant to Rule 37 of the Federal Rules of Civil Procedure. by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Joyce, Eamon)
July 9, 2014 Opinion or Order ORDER re #39 Letter filed by Seagate Technology (US) Holdings, Inc. The Court has received the joint letter filed by the parties on July 3, 2014, which Judge Wexler has referred to this Court. Based on a review of the letter, the Court hereby directs Plaintiff to file the Amended Complaint on ECF no later than July 30, 2014. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/9/2014. (Rizvi, Asad)
July 3, 2014 Opinion or Order Filing 39 Letter on behalf of the parties regarding time to respond to Amended Complaint by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
June 30, 2014 Opinion or Order Filing 38 MEMORANDUM AND ORDER granting in part and denying in part #26 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, Defendant's motion to dismiss is granted in part and denied in part. Plaintiff is hereby granted leave to amend his Complaint to replead the fraud claim withinthirty (30) days ofthe date of this Order. (Ordered by Judge Leonard D. Wexler on 6/30/2014.) (Fagan, Linda)
June 2, 2014 Opinion or Order Filing 37 NOTICE of Appearance by Elizabeth M. Chiarello on behalf of Seagate Technology (US) Holdings, Inc. (notification declined or already on case) (Chiarello, Elizabeth)
June 2, 2014 Opinion or Order ORDER granting #36 Motion for Leave to Appear Pro Hac Vice. Attorney Elizabeth Marie Chiarello is permitted to argue or try this case in whole or in part as counsel or advocate. By June 16, 2014, Ms. Chiarello shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Chiarello shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/2/2014. (Rizvi, Asad)
May 28, 2014 Opinion or Order Filing 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6957192. by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order For Admission Pro Hac Vice) (Chiarello, Elizabeth)
May 14, 2014 Opinion or Order Filing 35 ORDER re #33 Stipulation filed by Matt Dash, Seagate Technology (US) Holdings, Inc.. So Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/14/2014. (Major, Jasmine)
May 14, 2014 Opinion or Order Filing 34 ORDER re #32 Proposed Pretrial Order filed by Matt Dash, Seagate Technology (US) Holdings, Inc.. So Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/14/2014. (Major, Jasmine)
May 13, 2014 Opinion or Order Filing 33 STIPULATION for the Collection and Production of Electronically Stored Information by Matt Dash, Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
May 13, 2014 Opinion or Order Filing 32 Proposed Pretrial Order of Confidentiality by Matt Dash, Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
May 2, 2014 Opinion or Order Filing 31 REPLY in Support re #26 Motion to Dismiss for Failure to State a Claim filed by Seagate Technology (US) Holdings, Inc.. (Joyce, Eamon)
May 2, 2014 Opinion or Order Filing 30 AFFIDAVIT/DECLARATION in Opposition re #26 Motion to Dismiss for Failure to State a Claim Of Paul C. Whalen filed by Matt Dash. (Whalen, Paul)
May 2, 2014 Opinion or Order Filing 29 MEMORANDUM in Opposition re #26 Motion to Dismiss for Failure to State a Claim filed by Matt Dash. (Whalen, Paul)
May 2, 2014 Opinion or Order Filing 28 AFFIDAVIT/DECLARATION in Support re #26 Motion to Dismiss for Failure to State a Claim filed by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Joyce, Eamon)
May 2, 2014 Opinion or Order Filing 27 MEMORANDUM in Support re #26 Motion to Dismiss for Failure to State a Claim filed by Seagate Technology (US) Holdings, Inc.. (Joyce, Eamon)
May 2, 2014 Opinion or Order Filing 26 Motion to Dismiss for Failure to State a Claim by Seagate Technology (US) Holdings, Inc.. (Joyce, Eamon)
May 1, 2014 Opinion or Order Filing 25 Letter regarding proposed class certification and expert discovery schedules by Matt Dash, Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
March 24, 2014 Opinion or Order Filing 24 Letter with Proposed Order by Seagate Technology (US) Holdings, Inc. (Scarborough, Theodore)
March 24, 2014 Opinion or Order Filing 23 Letter of Proposed Discovery and Class Certification Motion Schedule by Matt Dash (Whalen, Paul)
March 21, 2014 Opinion or Order Filing 22 NOTICE of Appearance by Theodore R. Scarborough on behalf of Seagate Technology (US) Holdings, Inc. (notification declined or already on case) (Scarborough, Theodore)
March 21, 2014 Opinion or Order Filing 21 NOTICE of Appearance by Sean Siekkinen on behalf of Seagate Technology (US) Holdings, Inc. (notification declined or already on case) (Siekkinen, Sean)
March 18, 2014 Opinion or Order Filing 20 Corporate Disclosure Statement by Seagate Technology (US) Holdings, Inc. identifying Corporate Parent Seagate HDD Cayman., Corporate Parent Seagate Technology HDD Holdings., Corporate Parent Seagate Technology., Corporate Parent Seagate Technology Public Limited Company. for Seagate Technology (US) Holdings, Inc.. (Joyce, Eamon)
March 18, 2014 Opinion or Order ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. Attorney Sean Siekkinen is permitted to argue or try this case in whole or in part as counsel or advocate. By April 1, 2014, Mr. Siekkinen shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Siekkinen shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/18/2014. (Rizvi, Asad)
March 18, 2014 Opinion or Order ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. Attorney T. Robert Scarborough is permitted to argue or try this case in whole or in part as counsel or advocate. By April 1, 2014, Mr. Scarborough shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Scarborough shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/18/2014. (Rizvi, Asad)
March 14, 2014 Opinion or Order Filing 19 SCHEDULING ORDER. The Case Management and Scheduling Order is contained in the attached order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/12/2014. (Tomlinson, A.)
March 14, 2014 Opinion or Order Filing 18 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 3/12/2014. SCHEDULING: The Discovery Status Conference will be held on July 29, 2014 at 11 a.m. The rulings, directives and other information form today's conference are set forth in the ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 3/12/14 (Tomlinson, A.)
March 13, 2014 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6791155. by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order for Admission Pro Hac) (Siekkinen, Sean)
March 13, 2014 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6791143. by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Exhibit Certificate of good Standing, #2 Proposed Order for Admission Pro Hac) (Scarborough, Theodore)
March 10, 2014 Opinion or Order Filing 15 Proposed Scheduling Order Joint Proposed Discovery Plan by Matt Dash, Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
February 28, 2014 Opinion or Order SCHEDULING ORDER: re #14 Letter filed by Seagate Technology (US) Holdings, Inc. Initial Conference set for 3/12/2014 10:30 AM before Magistrate Judge A. Kathleen Tomlinson. The Court has received Defendant's February 27, 2014 letter seeking an adjournment of the March 6, 2014 Initial Conference. Following a review of the letter, the Court hereby GRANTS the motion to adjourn the Initial Conference to March 12, 2014 at 10:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/28/2014. (Rizvi, Asad)
February 27, 2014 Opinion or Order Filing 14 Letter requesting that the initial conference be to be adjourned to March 12, 2014 by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
February 27, 2014 Opinion or Order ORDER denying #13 Motion to Adjourn Conference. The Court has received Plaintiff's letter motion of February 26, 2014. Based on its contents, the Court hereby DENIES the motion. The Court notes that this matter is assigned to Judge Wexler who does not permit the stay of pre-trial discovery pending a motion to dismiss. The March 6, 2014 Initial Conference will go forward and the Court will address the scope of discovery at that time. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/27/2014. (Rizvi, Asad) Modified on 2/27/2014 to correct March 4 to March 6, 2014 (Ryan, Mary).
February 26, 2014 Opinion or Order Filing 13 Joint MOTION to Adjourn Conference and Hold in Abeyance the Related Filing Obligations by Matt Dash. (Whalen, Paul)
February 25, 2014 Opinion or Order SCHEDULING ORDER re #12 Letter filed by Matt Dash, Seagate Technology (US) Holdings, Inc.: The parties' proposed briefing schedule is approved. Defendant shall serve, but not file, its moving papers on or before March 18, 2014. Plaintiff shall serve, but not file, his opposition on or before April 18, 2014. Defendant shall serve its reply and each party shall electronically file their own motion papers on May 2, 2014. No motion papers shall be filed on ECF prior to the reply date of May 2, 2014. As the moving party, Defendant is responsible for providing chambers with a courtesy copy of all motion papers, including Plaintiff's, once the motion is fully briefed.. So Ordered by Judge Leonard D. Wexler on 2/25/2014. (Minerva, Deanna)
February 24, 2014 Opinion or Order Filing 12 Letter with Proposed Order by Matt Dash, Seagate Technology (US) Holdings, Inc. (Attachments: #1 Proposed Order Setting Briefing Schedule) (Joyce, Eamon)
February 19, 2014 Opinion or Order SCHEDULING ORDER re #10 Letter filed by Seagate Technology (US) Holdings, Inc., #11 Letter filed by Matt Dash: The Court has reviewed the parties' pre-motion conference letters and finds that a pre-motion conference with respect to Defendant's intended motion to dismiss is not necessary. The parties are directed to confer and submit a proposed briefing schedule for the Court's approval within one week from today. So Ordered by Judge Leonard D. Wexler on 2/19/2014. (Minerva, Deanna)
February 18, 2014 Opinion or Order Filing 11 Letter in response to Defendants letter regarding their proposed Rule 12(b)(6) motion to dismiss by Matt Dash (Whalen, Paul)
February 10, 2014 Opinion or Order Filing 10 Letter requesting a pre-motion conference by Seagate Technology (US) Holdings, Inc. (Joyce, Eamon)
January 13, 2014 Opinion or Order Filing 9 ORDER granting #8 Letter MOTION for Extension of Time to File Response/Reply to Complaint and to Adjourn Conference. Response due by 2/10/2014. The initial conference previously scheduled for February 3, 2014 is hereby adjourned to March 6, 2014 at 9:30 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/13/2014. (Ryan, Mary)
January 10, 2014 Opinion or Order Filing 8 Letter MOTION for Extension of Time to File Response/Reply to Complaint and to Adjourn Conference by Seagate Technology (US) Holdings, Inc.. (Attachments: #1 Proposed Order EXTENDING TIME TO RESPOND TO COMPLAINT) (Joyce, Eamon)
January 10, 2014 Opinion or Order Filing 7 NOTICE of Appearance by Eamon Paul Joyce on behalf of Seagate Technology (US) Holdings, Inc. (aty to be noticed) (Joyce, Eamon)
January 7, 2014 Opinion or Order ORDER re #6 Letter filed by Matt Dash. The Court has received Plaintiffs' January 6, 2014 letter [DE 6]. Since the time to respond to the Complaint has not yet expired, the January 17, 2014 Initial Conference shall be adjourned to February 3, 2014 at 3 p.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/7/2014. (Rizvi, Asad)
January 6, 2014 Opinion or Order Filing 6 Letter by Matt Dash (Whalen, Paul)
January 6, 2014 Opinion or Order Filing 5 SUMMONS Returned Executed by Matt Dash. Seagate Technology (US) Holdings, Inc. served on 12/20/2013, answer due 1/10/2014. (Whalen, Paul)
January 6, 2014 Opinion or Order ORDER re #4 Scheduling Order. Due to a conflict in the Court's calendar, the Court needs to move the time of the January 17, 2014 conference. The conference will now proceed at 10:30 a.m. (rather than the original 12:00 p.m. time). Counsel are requested to mark their calendars accordingly. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/6/2014. (Rizvi, Asad)
November 20, 2013 Opinion or Order Filing 4 SCHEDULING ORDER: Initial Conference set for 1/17/2014 at 12:00 PM before Magistrate Judge A. Kathleen Tomlinson. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/20/2013. (Rizvi, Asad)
November 19, 2013 Opinion or Order Filing 3 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. (McMahon, Carol)
November 14, 2013 Opinion or Order Filing 2 Summons Issued as to Seagate Technology (US) Holdings, Inc.. (McMahon, Carol)
November 14, 2013 Opinion or Order Filing 1 COMPLAINT against Seagate Technology (US) Holdings, Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Matt Dash. (Attachments: #1 Civil Cover Sheet) (McMahon, Carol)
November 14, 2013 Opinion or Order FILING FEE: $ 400.00, receipt number 4653066752 (McMahon, Carol)

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Plaintiff: Matt Dash
Represented By: Paul C. Whalen
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Plaintiff: Dash
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Defendant: Seagate Technology (US) Holdings, Inc.
Represented By: Elizabeth M. Chiarello
Represented By: Eamon Paul Joyce
Represented By: Theodore R. Scarborough
Represented By: Sean Siekkinen
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