Sandra Quintanilla v. WW International, Inc. et al
| Sandra Quintanilla |
| WW International, Inc. a Virginia Corporation doing business as Weight Watchers and Does 1 through 50, inclusive |
| 1:2020cv06261 |
| August 10, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1441 oc |
| Plaintiff |
Docket Report
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Filing 34
ORDER: As discussed at today's initial pretrial conference, the Court hereby stays discovery in this case pending the resolution of the motion to dismiss filed by defendant WW International, Inc. ("WW"). Dkt. 28. If plaintiff Sandra Quintanilla amends her complaint in response to the Court's September 24, 2020 order, see Dkt. 32, and if WW moves to dismiss Quintanilla's amended complaint, discovery shall remain stayed pending the resolution of that motion. (Signed by Judge Paul A. Engelmayer on 9/29/2020) (jwh)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 9/29/2020. (ajs) |
| Filing 33 LETTER addressed to Judge Paul A. Engelmayer from Terence P. Ross dated 9/28/20 re: Subject Matter Jurisdiction Based On Diversity Of Citizenship. Document filed by WW International, Inc...(Ross, Terence) |
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Filing 32
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by October 14, 2020, for which the Court hereby grants leave. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by November 4, 2020, defendant shall: (1) file an answer; (2) file new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that it relies on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by October 14, 2020. Defendants' reply, if any, shall be served by October 28, 2020. At the time any reply is served, the moving party shall supply the Court with courtesy copies of all motion papers via email to EngelmayerNYSDChambers@nysd.uscourts.gov. (Amended Pleadings due by 10/14/2020. Motions due by 11/4/2020.) (Signed by Judge Paul A. Engelmayer on 9/24/2020) (jwh)
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| Filing 31 DECLARATION of Maureen Martin in Support re: #28 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by WW International, Inc.. (Attachments: #1 Exhibit 1).(Ross, Terence) |
| Filing 30 DECLARATION of Kristin D. Lockhart in Support re: #28 MOTION to Dismiss the Second Amended Class Action Complaint.. Document filed by WW International, Inc.. (Attachments: #1 Exhibit 1).(Ross, Terence) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss the Second Amended Class Action Complaint. . Document filed by WW International, Inc...(Ross, Terence) |
| Filing 28 MOTION to Dismiss the Second Amended Class Action Complaint. Document filed by WW International, Inc...(Ross, Terence) |
| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by WW International, Inc...(Ross, Terence) |
| Filing 26 JOINT LETTER addressed to Judge Paul A. Engelmayer from Terence P. Ross and Gregory E. Mauro dated 9/23/20 re: Initial Pretrial Conference. Document filed by WW International, Inc...(Ross, Terence) |
| Filing 25 NOTICE of PROOF OF SERVICE RE NOTICE OF INITIAL PRETRIAL CONFERENCE [DKT. NO. 15]. Document filed by Sandra Quintanilla..(Mauro, Gregory) |
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Filing 24
ORDER ON ADMISSION PRO HAC VICE OF KRISTIN D. LOCKHART granting #23 Motion for Kristin D. Lockhart to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 9/14/2020) (jwh)
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| Filing 23 MOTION for Kristin D. Lockhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21613212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by WW International, Inc.. (Attachments: #1 Exhibit A - Affidavit Of Kristin D. Lockhart In Support; With Certificate Of Good Standing, #2 Exhibit B - Proposed Order).(Lockhart, Kristin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Kristin D. Lockhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21613212. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #19 MOTION for Samantha Alane Smith to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 9/3/2020) (jca)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #17 MOTION for Gregory Esteban Mauro to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 9/3/2020) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Gregory Esteban Mauro to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Michael Calvo to Appear Pro Hac Vice. The Motion of Michael Calvo, for admission to practice Pro Hac Vice in the above-captioned case is GRANTED. IT IS HEREBY ORDERED that applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 9/2/20) (yv)
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| Filing 19 MOTION for Samantha Alane Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21458661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sandra Quintanilla. (Attachments: #1 Affidavit of Samantha Smith, #2 California Supreme Court Certificate of Good Standing, #3 Order for Admission Pro Hac Vice).(Smith, Samantha) |
| Pro Hac Vice Fee Payment: for #17 MOTION for Gregory Esteban Mauro to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-21458241..(Mauro, Gregory) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Samantha Alane Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21458661. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 18 MOTION for Michael J. S. Calvo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sandra Quintanilla. (Attachments: #1 Affidavit of Michael J. S. Calvo, #2 California Supreme Court Certificate of Good Standing, #3 Order for Admission Pro Hac Vice).(Calvo, Michael) |
| Filing 17 MOTION for Gregory Esteban Mauro to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sandra Quintanilla. (Attachments: #1 Affidavit of Gregory Mauro, #2 California Supreme Court Certificate of Good Standing, #3 Order for Admission Pro Hac Vice).(Mauro, Gregory) Modified on 9/1/2020 (aea). Modified on 9/3/2020 (bcu). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Michael J. S. Calvo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) |
| Pro Hac Vice Fee Paid electronically via Pay.gov: for #18 MOTION for Michael J. S. Calvo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ $200.00. Pay.gov receipt number ANYSDC-21432597, paid on 9/1/2020. (aea) |
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Filing 16
ORDER: On August 7, 2020, Judge Phillips of the Central District of California ordered this case transferred from that District to the Southern District of New York, pursuant to the parties' stipulation. Dkt. 11. In that order, Judge Phillips also granted plaintiff leave to file a second amended complaint, deemed it filed and served upon entry of the order, and gave defendant 30 days from the date that the action is assigned to a New York district court Judge to respond. Id. On August 10, 2020, this case was transferred accordingly. Dkt. 12. On August 24, 2020, the case was assigned to me. Pursuant to Judge Phillips's August 7 order, defendant's deadline to respond to the second amended complaint is Wednesday, September 23, 2020. (Does answer due 9/23/2020; WW International, Inc. answer due 9/23/2020.) (Signed by Judge Paul A. Engelmayer on 8/25/2020) (jwh)
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/29/2020 at 10:00 AM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key, and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 8/25/2020) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03856-PAE. Notice of Assignment to follow. (wb) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WW International, Inc...(Ross, Terence) |
| Filing 13 NOTICE OF APPEARANCE by Terence Ross on behalf of WW International, Inc...(Ross, Terence) |
| Filing 12 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:20-cv-06843. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 1:20-cv-3856. (sjo) |
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Filing 11
ORDER GRANTING STIPULATION #10 TO (1) FILE A SECOND AMENDED COMPLAINT AND (2) TO TRANSFER CASE TO THE SOUTHERN DISTRICT OF NEW YORK by Judge Virginia A. Phillips: IT IS HEREBY ORDERED THAT:1. Plaintiff is granted leave to file the Second Amended Complaint ("SAC") attached therein to the Parties' Joint Stipulation as Exhibit 3; 2. The SAC is deemed filed and served upon entry of this Order; 3. Pursuant to 28 U.S.C. Section 1404(a), this action is transferred to the Southern District of New York because the parties' agreement contains a forum-selection clause that specifies all disputes must be filed in New York. 4. WW's response to the SAC is due 30 days from the date that the action is assigned to a New York district court Judge. [Alternatively, WW's response to the SAC is due 30 days from the denial of the parties' request to transfer this action.] (MD JS-6. Case Terminated.) (bm) [Transferred from California Central on 8/10/2020.]
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| Filing 10 STIPULATION for Leave to File A Second Amended Complaint and, STIPULATION to Transfer Case to Southern District of New York filed by Defendant WW International, Inc.. (Attachments: #1 Exhibit 1-3, #2 Proposed Order)(Sims, Tami) [Transferred from California Central on 8/10/2020.] |
| Filing 9 NOTICE to Adverse Parties of (1) Assignment to United States Judges; and (2) Standing Order filed by Defendant WW International, Inc.. (Attachments: #1 Exhibit A)(Sims, Tami) [Transferred from California Central on 8/10/2020.] |
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Filing 8
STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (cch) [Transferred from California Central on 8/10/2020.]
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| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 8/10/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Jean P. Rosenbluth. (ghap) [Transferred from California Central on 8/10/2020.] |
| Filing 5 NOTICE of Compliance Regarding Removal filed by Defendant WW International, Inc.. (Attachments: #1 Exhibit 1)(Sims, Tami) [Transferred from California Central on 8/10/2020.] |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 50, inclusive, WW International, Inc. amending Complaint - (Discovery), filed by plaintiff Sandra Quintanilla. (FILED IN STATE COURT ON 6/25/2020 SUBMITTED ATTACHED EXHIBIT 6)(ghap) Modified on 8/3/2020 (ghap). [Transferred from California Central on 8/10/2020.] |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, WW International, Inc. Jury Demanded., filed by plaintiff Sandra Quintanilla. (FILED IN STATE COURT ON 6/10/2020 SUBMITTED ATTACHED EXHIBIT 6) (ghap) Modified on 8/3/2020 (ghap). [Transferred from California Central on 8/10/2020.] |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Sandra Quintanilla, upon Defendant WW International, Inc. served on 7/7/2020, answer due 7/28/2020. Service of the Summons and Complaint were executed upon Kaitlyn Mannix, CSC Lawyers incorporating Service, Registered Agent in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 7/13/2020 SUBMITTED ATTACHED EXHIBIT 9) (ghap) [Transferred from California Central on 8/10/2020.] |
| Filing 4 Corporate Disclosure Statement & NOTICE of Interested Parties filed by Defendant WW International, Inc., identifying Plaintiff Sandra Quintanilla and Defendant WW International, Inc.. (Sims, Tami) [Transferred from California Central on 8/10/2020.] |
| Filing 3 CIVIL COVER SHEET filed by Defendant WW International, Inc.. (Sims, Tami) [Transferred from California Central on 8/10/2020.] |
| Filing 2 DECLARATION of Seth Kaplan re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant WW International, Inc.. (Sims, Tami) [Transferred from California Central on 8/10/2020.] |
| Filing 1 NOTICE OF REMOVAL from Ventura County Superior Court, case number 56-2020-00542259-CU-MC-VTA with filing fee previously paid ($400 paid on 07/30/2020, receipt number ACACDC-27427791), filed by Defendant WW International, Inc.. (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) (Attorney Tami Kameda Sims added to party WW International, Inc.(pty:dft))(Sims, Tami) [Transferred from California Central on 8/10/2020.] |
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