HRB Resources LLC v. Schon
| HRB Resources LLC and HRB Resources LLC doing business as H&R Block |
| Michael Schon and Michele Schon |
| 6:2019cv00339 |
| March 18, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 17, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
Stipulation and ORDER STAYING CASE. Status Report due by 8/19/2019. Signed by U.S. District Judge Mae A. D'Agostino on 5/17/2019. (ban) Modified on 5/17/2019 (ban). [mailed to pro se defendant 5/17/19]
|
| Filing 31 STIPULATION and proposed order to stay proceedings and arbitrate claims by HRB Resources LLC submitted to Judge D'Agostino. (Wright, James) |
| TEXT Minute Entry for Telephone Status Conference held on 5/14/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by John Mullen, Esq. and Dennis McClelland, Esq. for the Plaintiff; Michele Schon, pro se defendant; Judge D'Agostino addresses counsel regarding the defendant's motion to dismiss and plaintiff's response to the motion; The issue of Arbitration is discussed with counsel and the defendant; The defendant states for the record that she will consent to Arbitration - a joint stipulation consenting to Arbitration will be filed by plaintiff's counsel. Once the stipulation is received, Judge D'Agostino intends to stay this case, pending the outcome of arbitration. In light of the representation made by defendant Schon, that she will consent to arbitration, no further briefing is necessary regarding the motion to dismiss. (Court Reporter Theresa Casal, CRD Britney Norton [Time 2:30 p.m. - 2:45 p.m.]) (ban) |
|
Filing 30
TEXT ORDER: In light of the filing of the Motion to Dismiss (Dkt. No. #21 ), the 6/17/2019 Rule 16 Conference and associated deadlines of filing the Civil Case Management Plan and exchanging Rule 26 disclosures are adjourned without new date at this time. The conference will be rescheduled, if necessary, once the District Court has issued a ruling on the Motion to Dismiss. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/8/2019. (copy of this Text Order served on pro se party via regular mail.)(sg)
|
| Filing 29 AFFIDAVIT of Service for Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss served on Michele Schon on 5/7/19, filed by HRB Resources LLC. (Wright, James) |
| Filing 28 CERTIFICATE OF SERVICE by Michele Schon re #24 MOTION to Appoint Counsel, #25 Letter Motion for Michele Schon requesting an extension of time until 5/17/2019 to file a Reply to the Repsone to the #21 Motion to Dismiss (mgh) |
| Filing 27 RESPONSE in Opposition re #21 MOTION to Dismiss filed by HRB Resources LLC. (Wright, James) |
| Filing 26 TEXT ORDER granting #25 Letter Motion for Michele Schon requesting an extension of time until 5/17/2019 to file a Reply to the Repsone to the #21 Motion to Dismiss: IT is hereby ORDERED that the plaintiff's request for an extension of the reply deadline is GRANTED; The Plaintiff's Reply to Response to Motion, if any, is due by 5/17/2019. Signed by U.S. District Judge Mae A. D'Agostino on 5/6/2019. (Copy served via regular mail)(ban) |
| Filing 25 Letter Motion for Michele Schon requesting an extension of time until 5/17/2019 to file a Reply to the Repsone to the #21 Motion to Dismiss. (mgh) |
| Filing 24 MOTION to Appoint Counsel filed by Michele Schon. Motions referred to Therese Wiley Dancks. (mgh) |
| Filing 23 MEMORANDUM-DECISION AND ORDER granting #7 Motion for Preliminary Injunction. Signed by U.S. District Judge Mae A. D'Agostino on 04/25/2019. (Copy served via regular mail)(bto) |
| Filing 22 CERTIFICATE OF SERVICE by Michele Schon, re: #21 MOTION to Dismiss and Declaration. (see) |
| Filing 21 MOTION to Dismiss filed by Michele Schon. (Attachments: #1 Declaration) (mgh) |
| TEXT NOTICE setting deadlines re #21 MOTION to Dismiss. The Response to the #21 MOTION to Dismiss is due by 5/6/2019 Reply to Response to Motion due by 5/10/2019. Motion Hearing set for 5/21/2019 before Judge Mae A. D'Agostino. No personal appearances unless otherwise directed by the Court. (mgh) |
| Text Notice of 4/19/2019 setting deadlines for the #21 Motion to Dismiss served on Defendant Michele Schon via regular mail. (mgh) |
| Filing 20 AFFIDAVIT of Service for Plaintiff's Reply Memo of Law in Support of Motion, Declaration of Heather Thompson served on Michele Schon on 4/15/19, filed by HRB Resources LLC. (Wright, James) |
| Filing 19 REPLY to Response to Motion re #7 MOTION for Preliminary Injunction Reply Memorandum of Law in Support of Plaintiff's Motion filed by HRB Resources LLC. (Attachments: #1 Exhibit(s) Composite Exhibit to MOL, #2 Declaration Reply Declaration, #3 Exhibit(s) Ex A to Reply Declaration)(Wright, James) |
| Filing 18 CERTIFICATE OF SERVICE by Michele Schon re #16 Response in Opposition to Motion. (mgh) |
| Filing 17 PRO SE HANDBOOK and NOTICE issued and explained to Michele Schon. (mgh) |
| Filing 16 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Michele Schon. (Attachments: #1 Declaration)(mgh) |
| ***Answer due date updated for Michele Schon answer due 4/19/2019. (mgh) |
|
Filing 15
TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of Dennis McClelland, Esq. for HSRB Resources LLC. PLEASE NOTE THE FOLLOWING INSTRUCTIONS TO COMPLETE THIS ADMISSION: 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/2/2019. (sg)
|
|
Filing 14
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of John Mullen, Esq. for HRB Resources LLC. PLEASE SEE THE FOLLOWING INSTRUCTIONS TO COMPLETE THIS ADMISSION.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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/2/2019. (sg)
|
| Filing 13 AMENDED DOCUMENT by HRB Resources LLC. Amendment to #12 Supplemental Admission documents Re Motion for Limited Admission Pro Hac Vice. (Wright, James) |
| Filing 12 Supplemental Admission documents re: #10 Motion for Limited Admission Pro Hac Vice,. (Wright, James) |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint and supporting documents served on Michele Schon on 3/29/19, filed by HRB Resources LLC. (Wright, James) |
| Notice of Filing Deficiency re: #10 Motion for Limited Admission Pro Hac Vice of Dennis McClelland. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: revised Attorney Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 10 MOTION for Limited Admission Pro Hac Vice of Dennis McClelland Filing fee $100, receipt number ANYNDC-4696737. filed by HRB Resources LLC. (Attachments: #1 Petition for Admission, #2 Declaration of Sponsor, #3 Certificate of Good Standing, #4 e-filing registration) Motions referred to Therese Wiley Dancks. (Wright, James) |
| Filing 9 MOTION for Limited Admission Pro Hac Vice of John Mullen Filing fee $100, receipt number ANYNDC-4695591. filed by HRB Resources LLC. (Attachments: #1 Petition for admission, #2 Certificate of Good Standing, #3 Declaration of Sponsor, #4 New Attorney e-fling registration form) Motions referred to Therese Wiley Dancks. (Wright, James) |
|
Filing 8
ORDER TO SHOW CAUSE re #7 MOTION for Preliminary Injunction filed by HRB Resources LLC. The Court hereby ORDERS that Defendant Michele Schon show cause, if there be any, by the submission of papers before the Honorable Mae D'Agostino, United States District Court Judge, at the James T. Foley United States Courthouse, 445 Broadway, Albany, New York, why an Order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendant during the pendency of this action from the activities listed in the attached ORDER TO SHOW CAUSE; and the Court further ORDERS that Defendant shall file any response in opposition to Plaintiff's motion for a preliminary injunction by Monday, April 8, 2019; and the Court further ORDERS that Plaintiff shall file any reply to Defendant's response by Friday, April 12, 2019; and the Court further ORDERS that Plaintiff shall serve this Order to Show Cause, along with all of the submissions upon which this Order is made, by personal service, no later than Monday, April 1, 2019, at 1:00 p.m.; and the Court further ORDERS that Plaintiff shall file Proof of Service with the Court upon completion of personal service; and the Court further ORDERS that no personal appearance is required, and the matter will be taken on submission unless otherwise directed by the Court. Signed by U.S. District Judge Mae A. D'Agostino on 03/28/2019. (bto)
|
| Filing 7 MOTION for Preliminary Injunction by HRB Resources LLC. (Attachments: #1 Wright Declaration, #2 Ex. A to Wright Declaration - email exchange, #3 Thompson Declaration, #4 Ex. A to Thompson Declaration - Employment Agreement, #5 Leonard Declaration, #6 Johnson Declaration, #7 Memorandum of Law)(Wright, James) |
| Filing 6 TEXT ORDER granting #5 Pre-Motion Letter by HRB Resources LLC requesting a pre-motion conference submitted to Judge D'Agostino filed by HRB Resources LLC: The Court is in receipt of the letter submitted by plaintiff's counsel on March 21, 2019, seeking leave to file a motion for a preliminary injunction, or in the alternate, a pre-motion conference [dkt no. 5]. It is hereby ORDERED that no pre-motion conference is needed at this time. The plaintiff is permitted to file and serve it's motion, without a pre-motion conference. Signed by U.S. District Judge Mae A. D'Agostino on 3/27/2019. (ban) |
| Filing 5 Pre-Motion Letter by HRB Resources LLC requesting a pre-motion conference submitted to Judge D'Agostino. (Attachments: #1 Exhibit(s))(Wright, James) |
| Filing 4 NOTICE of Admission Requirement as to Party.HRB Resources LLC; Attorney Dennis M. McClelland, Esq., John D. Mullen, Esq., Matthew S. Perez, Esq, Email address is dennis.mcclelland@phelps.com; john.mullen@phelps.com; matthew.perez@phelps.com;. Phone number is 813-472-7550. Admissions due by 4/2/2019. {Letter was emailed to Attorneys on 3/19/2019](mgh) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/17/2019 10:00 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/10/2019. (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 Michael Schon. (mgh) |
| Filing 1 COMPLAINT against Michael Schon (Filing fee $400 receipt number 4683349) filed by HRB Resources LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet)(mgh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
