Wright et al v. Publishers Clearing House, Incorporated et al
| Linda Phillips, Cheryl Rife, Ruth Ortiz Soudjian, Ramona Holden, Michael Hamilton, Elaine Wilhelm, Mark Carlisle, Sandy Samens, Anthony Gillespie, Earl Wright, Vernita Jessie, Etta Williams, Joseph Eko and Ruthie Ortiz Soudjian |
| Publisher's Clearing House LLC, Publisher's Clearing House, Inc, Publishers Clearing House, LLC and Publishers Clearing House, Incorporated |
| 2:2018cv02373 |
| April 23, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y Shields |
| Arthur D Spatt |
| Personal Property: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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| Filing 42 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the Plaintiffs Earl Wright, Ramona Holden, Etta Williams, Michel Hamilton, Joseph Eko, Linda Phillips, Elaine Wilhelm, Anthony Gillespie, Mark Carlisle, Vernita Jessie, Cheryl Rife, Sandy Samens, and Ruthie Ortiz Soudjian take nothing of Defendants Publishers Clearing House, Incorporated and Publishers Clearing House, LLC; that the Defendants' motion to dismiss the Amended Complaint is granted in its entirety; that the Defendants' motions to strike the class allegations and to compel arbitration are denied as moot; that the Amended Complaint is dismissed with prejudice and without leave to re-plead; and that this case is closed. Ordered by Clerk of Court on 2/14/2020. (Toritto, Jim) |
Filing 41
MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court grants the Defendants' #33 motion to dismiss the Amended Complaint in its entirety and denies the motions to strike and compel as moot. The Court finds that the deficiencies in the Amended Complaint are such that that they could not be remedied through another amended pleading. See Hitchcock v. Woodside Literary Agency, 15 F. Supp. 2d 246, 252 (E.D.N.Y. 1998) ("[L]eave to replead may be denied where granting it would be futile."). The Court thus dismisses the Amended Complaint with prejudice and without leave to re-plead. The Clerk of the Court is respectfully directed to close the case. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 2/13/2020. (Coleman, Laurie)
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| Filing 40 REPLY in Support re #33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Siegal, John) |
| Filing 39 MEMORANDUM in Opposition re #33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration filed by All Plaintiffs. (Schwaba, Andrew) |
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Electronic ORDER granting #37 Motion for Extension of Time to File Response/Reply.; granting #38 Motion for Leave to File Excess Pages. The Plaintiffs shall file their response brief no later than May 23, 2019. The response brief shall not exceed 35 pages. So Ordered by Judge Arthur D. Spatt on 5/7/2019. (Kanellopoulos, Paul)
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| Filing 38 MOTION for Leave to File Excess Pages by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright. (Schwaba, Andrew) |
| Filing 37 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright. (Schwaba, Andrew) |
| Filing 36 Letter dated April 25, 2019 Addressed to Judge Spatt Requesting Oral Argument of Motion to Dismiss by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (Siegal, John) |
| Filing 35 AFFIDAVIT/DECLARATION in Support re #33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration (Declaration of John Siegal) filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Attachments: #1 Exhibit A - Account Registration Page, #2 Exhibit B - Terms of Use, #3 Exhibit C - Official Rules and Sweepstakes Facts) (Siegal, John) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Siegal, John) |
| Filing 33 MOTION to Dismiss Amended Complaint, Strike Class Allegations and, in the Alternative, Compel Arbitration by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Siegal, John) |
| Filing 32 AMENDED COMPLAINT against All Defendants, filed by Linda Phillips, Cheryl Rife, Etta Williams, Elaine Wilhelm, Mark Carlisle, Sandy Samens, Ramona Holden, Anthony Gillespie, Earl Wright, Michael Hamilton, Vernita Jessie, Ruthie Ortiz Soudjian, Joseph Eko. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Schwaba, Andrew) |
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Filing 31
MEMORANDUM OF DECISION & ORDER re #14 Motion to Dismiss for Failure to State a Claim, Strike Class Allegations, and, in the Alternative, Compel Arbitration. For the foregoing reasons, the Court grants the Defendants motion to dismiss as follows. The Court dismisses the Plaintiffs' CAN SPAM, DMPEA, and Section 369e claims with prejudice. The Court dismisses the Plaintiffs' Section 349 claim without prejudice. Because the Plaintiffs have no surviving claims, the Court denies the Defendants' motions to strike and compel as moot. The Plaintiffs are directed to file an amended complaint consistent with this opinion no later than 30 days from the issuance of this opinion. SEE ATTACHED DECISION for details. it is So Ordered by Judge Arthur D. Spatt on 3/12/2019. (Coleman, Laurie)
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Filing 30
ORDER granting #29 Motion for Deborah H. Renner to Withdraw as counsel for Defendants Publishers Clearing House, Incorporated and Publishers Clearing House, LLC. Attorney Deborah Hilarie Renner terminated. SO ORDERED by Judge Arthur D. Spatt on 11/30/2018. (Coleman, Laurie)
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| Filing 29 MOTION to Withdraw as Attorney by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Attachments: #1 Declaration of Deborah Renner in Support of Motion for Withdrawal of Appearance, #2 Proposed Order for Withdrawal of Appearance) (Renner, Deborah) |
| Filing 28 Letter to Judge Arthur D. Spatt Requesting Oral Argument on Defendants' Motion to Dismiss, Motion to Strike and Motion to Compel Arbitration by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright (Schwaba, Andrew) |
| Filing 27 NOTICE by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC re #26 Notice(Other), (Response to Plaintiffs' Notice of Supplemental Authority) (Renner, Deborah) |
| Filing 26 NOTICE by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright re #22 Response to Motion, Notice of Supplemental Authority (Attachments: #1 Exhibit Cullinane, et al. v. Uber Technologies, Inc.) (Schwaba, Andrew) |
| Filing 25 AFFIDAVIT/DECLARATION in Support re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration (Reply Declaration of Erica J. Zaragoza) filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Attachments: #1 Exhibit A - Account Registration Page, #2 Exhibit B - Account Registration Page, #3 Exhibit C - Account Registration Page, #4 Exhibit D - Account Registration Page, #5 Exhibit E - Account Registration Page, #6 Exhibit F - Account Registration Page) (Renner, Deborah) |
| Filing 24 REPLY in Support re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Renner, Deborah) |
| Filing 23 AFFIDAVIT/DECLARATION in Opposition re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration of Andrew J. Schwaba filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (Schwaba, Andrew) |
| Filing 22 RESPONSE to Motion re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration filed by All Plaintiffs. (Attachments: #1 Affidavit of Anthony Gillespie, #2 Affidavit of Cynthia Ferrell, #3 Affidavit of Earl Wright, #4 Affidavit of Etta Williams, #5 Affidavit of Vernita Jessie, #6 Affidavit of Sandy Samens) (Schwaba, Andrew) |
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Electronic ORDER granting in part #21 Plaintiffs' Motion for Leave to File Excess Pages. The Plaintiffs' memorandum of law shall not exceed thirty-five (35) pages. So Ordered by Judge Arthur D. Spatt on 6/18/2018. (Fell, Christopher)
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| Filing 21 Letter MOTION for Leave to File Excess Pages by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright. (Schwaba, Andrew) |
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Electronic ORDER granting #20 Plaintiffs' Motion for Extension of Time to File Response/Reply. Plaintiffs' proposed amended schedule is So Ordered by Judge Arthur D. Spatt on 6/12/2018. (Fell, Christopher)
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| Filing 20 Letter MOTION for Extension of Time to File Response/Reply as to #15 Memorandum in Support, #16 Affidavit in Support of Motion, #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration, #17 Letter, by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright. (Schwaba, Andrew) |
| Filing 19 NOTICE of Appearance by Paul Karlsgodt on behalf of Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (notification declined or already on case) (Karlsgodt, Paul) |
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ELECTRONIC ORDER granting #18 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 6/6/2018. (Demosthenous, Dina)
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice of Paul G. Karlsgodt Filing fee $ 150, receipt number 0207-10485243. by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (Karlsgodt, Paul) |
| Filing 17 Letter to Judge Arthur D. Spatt Requesting Oral Argument on Defendants' Motion to Dismiss the Complaint, Strike Class Allegations, and, in the Alternative, Compel Arbitration by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (Renner, Deborah) |
| Filing 16 AFFIDAVIT/DECLARATION in Support re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Attachments: #1 Exhibit A-Account Registration Page, #2 Exhibit B-Terms of Use, #3 Exhibit C-Official Rules and Sweepstakes Facts, #4 Exhibit D-Privacy Policy) (Renner, Deborah) |
| Filing 15 MEMORANDUM in Support re #14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration filed by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Renner, Deborah) |
| Filing 14 Motion to Dismiss for Failure to State a Claim , Strike Class Allegations, and, in the Alternative, Compel Arbitration by Publishers Clearing House, Incorporated, Publishers Clearing House, LLC. (Renner, Deborah) |
| Filing 13 Corporate Disclosure Statement by Publishers Clearing House, LLC (Renner, Deborah) |
| Filing 12 Corporate Disclosure Statement by Publishers Clearing House, Incorporated identifying Corporate Parent Publishers Clearing House, LLC for Publishers Clearing House, Incorporated. (Renner, Deborah) |
| Filing 11 NOTICE of Appearance by John Siegal on behalf of Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (aty to be noticed) (Siegal, John) |
| Filing 10 NOTICE of Appearance by Erica Adina Barrow on behalf of Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (aty to be noticed) (Barrow, Erica) |
| Filing 9 NOTICE of Appearance by Deborah Hilarie Renner on behalf of Publishers Clearing House, Incorporated, Publishers Clearing House, LLC (aty to be noticed) (Renner, Deborah) |
| Filing 8 SUMMONS Returned Executed by Linda Phillips, Cheryl Rife, Etta Williams, Elaine Wilhelm, Mark Carlisle, Sandy Samens, Ramona Holden, Anthony Gillespie, Earl Wright, Michael Hamilton, Vernita Jessie, Ruthie Ortiz Soudjian, Joseph Eko. Publishers Clearing House, Incorporated served on 5/16/2018, answer due 6/6/2018; Publishers Clearing House, LLC served on 5/7/2018, answer due 5/28/2018. (Attachments: #1 Exhibit to Affidavit of Service - Summonses and Complaint, #2 Exhibit to Affidavit of Service - Affidavits of Service) (Schwaba, Andrew) |
| Filing 7 NOTICE of Appearance by Andrew Schwaba on behalf of Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright (notification declined or already on case) (Schwaba, Andrew) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10450952. by Mark Carlisle, Joseph Eko, Anthony Gillespie, Michael Hamilton, Ramona Holden, Vernita Jessie, Ruthie Ortiz Soudjian, Linda Phillips, Cheryl Rife, Sandy Samens, Elaine Wilhelm, Etta Williams, Earl Wright. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice for Admission of Andrew J. Schwaba, #2 Exhibit 1 to Affidavit of Andrew J. Schwaba) (Schwaba, Andrew) |
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ELECTRONIC ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 5/22/2018. (Demosthenous, Dina)
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| Filing 5 Summons Issued as to Publishers Clearing House, LLC. (Rodin, Deanna) |
| Filing 4 Summons Issued as to Publishers Clearing House, Incorporated. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Anne Y. Shields. 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. (Rodin, Deanna) |
| Filing 1 COMPLAINT Earl Wright, et al against Publishers Clearing House, LLC, Publishers Clearing House, Incorporated filing fee $400, receipt number 0207-10375853, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Earl Wright. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Selinger, John) (Additional attachment(s) added on 4/23/2018: #3 Proposed Summons) (Bowens, Priscilla). Modified on 4/24/2018 (Rodin, Deanna). |
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