Kirkpatrick v. Genesco Inc.
| Michael Kirkpatrick |
| Genesco Inc. doing business as Journeys |
| Michael Ungar |
| 1:2021cv01369 |
| December 22, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Brenda K Sannes |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Both |
Docket Report
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This docket was last retrieved on February 25, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER approving #41 Stipulation of Dismissal. Plaintiff's claims against Defendant Genesco, Inc. d/b/a Journeys are hereby dismissed without prejudice. Signed by Chief Judge Brenda K. Sannes on 2/25/2023. (sal)
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| Filing 41 STIPULATION of Dismissal Without Prejudice by Michael Kirkpatrick. (Hiraldo, Manuel) |
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Filing 40
ORDER approving #39 Stipulation filed by Genesco Inc. and resetting deadlines as set forth ( Discovery due by 5/10/2023, Motions to be filed by 5/25/2023, Deadline for completion of Mandatory Mediation is 1/10/2023.). Signed by Magistrate Judge Christian F. Hummel on 11/29/2022. (tab)
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Filing 39
STIPULATION and Order to Extend Parties' Expert Witness and Mediation Deadlines by Genesco Inc.. (Miller, Matthew)
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| Filing 38 STATUS REPORT by Michael Kirkpatrick. (Hiraldo, Manuel) |
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Filing 37
TEXT ORDER approving #35 Notice (Other) filed by Genesco Inc. withdrawing attorney/firm. Attorney Douglas A. Vonderhaar; Sarah A. Ballard and Rand L. McClellan terminated. Authoirzed by Magistrate Judge Christian F. Hummel on 8/23/2022. (tab)
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| Filing 36 NOTICE of Appearance by Amy E. Richardson on behalf of Genesco Inc. (Richardson, Amy) |
| Filing 35 NOTICE by Genesco Inc. [Notice of Withdrawal of Counsel] (McClellan, Rand) |
| Filing 34 NOTICE by Genesco Inc. of Firm Name Change (Miller, Matthew) |
| Filing 33 NOTICE of Appearance by Jennifer Phurrough Bagg on behalf of Genesco Inc. (Bagg, Jennifer) |
| Filing 32 NOTICE of Appearance by Matthew G. Miller on behalf of Genesco Inc. (Miller, Matthew) |
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Filing 31
Text ORDER granting #29 Motion for Limited Admission Pro Hac Vice pf Jennifer P. Bagg, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/9/2022. (tab)
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Filing 30
TEXT ORDER granting #28 Motion for Limited Admission Pro Hac Vice of Matthew G. Miller, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 8/9/2022. (tab)
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| Filing 29 MOTION for Limited Admission Pro Hac Vice of Jennifer P. Bagg Filing fee $100, receipt number ANYNDC-5992139. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) Attorney Registrations Form, #3 Exhibit(s) Petition for Admission to Practice, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Christian F. Hummel. (Sullivan, William) |
| Filing 28 MOTION for Limited Admission Pro Hac Vice of Matthew G. Miller Filing fee $100, receipt number CNYNDC-5992077. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) Attorney Registrations Form, #3 Exhibit(s) Petition for Admission to Practice, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Christian F. Hummel. (Sullivan, William) |
| Filing 27 NOTICE of Appearance by William B. Sullivan on behalf of Genesco Inc. (Sullivan, William) |
| Filing 26 NOTICE of Appearance by Manuel Hiraldo on behalf of Michael Kirkpatrick (Hiraldo, Manuel) |
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Filing 25
TEXT ORDER granting #24 Motion for Limited Admission Pro Hac Vice of Manuel S. Hiraldo, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/6/2022. (tab)
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| Filing 24 MOTION for Limited Admission Pro Hac Vice of Manuel S. Hiraldo Filing fee $100, receipt number ANYNDC-5890701. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Shamis, Andrew) |
| Filing 23 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Michael Ungar has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Andrew J. Shamis and. Dated: April 25, 2022(Shamis, Andrew) |
| Filing 22 NOTICE of Appearance by Christopher C. Gold on behalf of Michael Kirkpatrick (Gold, Christopher) |
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Filing 21
TEXT ORDER granting #20 Motion for Limited Admission Pro Hac Vice of Chris Gold, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 4/1/2022. (tab)
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| Filing 20 MOTION for Limited Admission Pro Hac Vice of Chris Gold Filing fee $100, receipt number ANYNDC-5855278. (Attachments: #1 Declaration of Sponsor, #2 Exhibit(s) Attorney Registration Form, #3 Exhibit(s) Petition for Admission to Practice, #4 Exhibit(s) Certificate of Good Standing) Motions referred to Christian F. Hummel. (Shamis, Andrew) |
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Filing 19
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 5/15/2022. Amended Pleadings due by 5/15/2022. Discovery due by 3/10/2023. Motions to be filed by 3/25/2023. Deadline for completion of Mandatory Mediation is 12/10/2022. Status Report due by 11/5/2022. Signed by Magistrate Judge Christian F. Hummel on 3/29/2022. (tab)
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Filing 18
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 4/26/2022. Deadline for completion of Mandatory Mediation is 12/10/2022. Signed by Magistrate Judge Christian F. Hummel on 3/28/2022. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 3/25/2022 by telephone. [10:00am-10:06am]. Appearances by Andrew Shamis, Esq. for plaintiff; Rand L. McClellan, Esq. for defendant. Pretrial deadlines are established and a Scheduling Order will be issued. (tab) |
| Filing 17 COURT NOTICE of Conference: The Initial Conference has been reset for Friday, 3/25/2022 @ 10:00 AM before Magistrate Judge Christian F. Hummel. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call on 3/25/2022 @ 10:00 AM. (tab) |
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Filing 16
TEXT ORDER granting #14 Motion/Request for telephone participation at the Rule 16 conference: Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call on 3/22/2022 @ 9:00 AM. Authorized by Magistrate Judge Christian F. Hummel on 3/15/2022. (tab)
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| Filing 15 CIVIL CASE MANAGEMENT PLAN by Genesco Inc.. (McClellan, Rand) |
| Filing 14 Joint MOTION Appear Telephonically for Rule 16 Initial Scheduling Conference re #3 G.O. 25 Filing Order, [Joint Motion to Appear Telephonically for Rule 16 Initial Scheduling Conference] filed by Genesco Inc.. Response to Motion due by 3/31/2022 Motions referred to Christian F. Hummel. (Vonderhaar, Douglas) |
| Filing 13 ANSWER to #1 Complaint by Genesco Inc.. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B)(McClellan, Rand) |
| Filing 12 NOTICE of Appearance by Douglas A. Vonderhaar on behalf of Genesco Inc. (Vonderhaar, Douglas) |
| Filing 11 NOTICE of Appearance by Rand L. McClellan on behalf of Genesco Inc. (McClellan, Rand) |
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Filing 10
TEXT ORDER approving #9 Stipulation filed by Genesco Inc. Answer due date updated for Genesco Inc.: answer due 3/3/2022. Authorized by Magistrate Judge Christian F. Hummel on 2/14/2022. (tab)
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| Filing 9 STIPULATION re #1 Complaint [Second Stipulation and Order to Extend Defendant Genesco Inc.'s Time to Move or Plead to Plaintiff's Class Action Complaint] by Genesco Inc. submitted to Judge Brenda K. Sannes. (McClellan, Rand) |
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Filing 8
TEXT ORDER approving #7 Stipulation filed by Genesco Inc. Answer due date updated for Genesco Inc.: answer due 2/10/2022. Authorized by Magistrate Judge Christian F. Hummel on 1/18/2022. (tab)
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Filing 7
STIPULATION and Order to Extend Defendant Genesco Inc.'s Time to Move or Plead to Plaintiff's Class Action Complaint by Genesco Inc. submitted to Judge Brenda K. Sannes. (Ballard, Sarah)
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| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Genesco Inc.. (Ballard, Sarah) |
| Filing 5 NOTICE of Appearance by Sarah A. Ballard on behalf of Genesco Inc. (Ballard, Sarah) |
| Filing 4 SUMMONS Returned Executed by Michael Kirkpatrick. Genesco Inc. served on 12/30/2021, answer due 1/20/2022. (Shamis, Andrew) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/22/2022 09:00 AM before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to Genesco Inc. (mgh) |
| Filing 1 COMPLAINT against Genesco Inc. (Filing fee $402 receipt number ANYNDC-5752152) filed by Michael Kirkpatrick. (Attachments: #1 Civil Cover Sheet)(mgh) |
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