Flynn et al v. McGraw Hill LLC
Plaintiff: Dean Karlan, Jonathan Morduch, Sean Flynn, Jean Twenge and David Myers
Defendant: McGraw Hill LLC and McGraw Hill Education, Inc.
Case Number: 1:2021cv00614
Filed: January 22, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2021 Opinion or Order Filing 13 AMENDED COMPLAINT amending #1 Complaint against McGraw Hill Education, Inc., McGraw Hill LLC with JURY DEMAND.Document filed by Dean Karlan, Sean Flynn, David Myers, Jonathan Morduch, Jean Twenge. Related document: #1 Complaint..(Berger, Daniel)
March 22, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Lawrence Berger to RE-FILE Document No. #12 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF title must include 'Amended' to correspond with the event type used. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
March 19, 2021 Opinion or Order Filing 12 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint against McGraw Hill LLC, McGraw Hill Education, Inc. with JURY DEMAND.Document filed by Dean Karlan, Sean Flynn, Jonathan Morduch, David Myers, Jean Twenge. Related document: #1 Complaint..(Berger, Daniel) Modified on 3/22/2021 (jgo).
March 5, 2021 Opinion or Order Filing 11 ORDER granting #10 LETTER MOTION to Consolidate Cases 1:21-cv-1141. IT IS HEREBY ORDERED THAT: Pursuant to Federal Rule of Civil Procedure 42(a), the related actions shall be consolidated, and such consolidation shall apply to any related actions subsequently filed in or transferred to this Court. The initial pre-trial conference scheduled for April 1, 2021 is hereby adjourned and rescheduled for April 22, 2021, at 10:40 a.m. The initial pretrial conference will be telephonic and will occur on the following conference line: 888-363-4749, 5583333. The time of the conference is approximate but the parties shall be prepared to begin at the scheduled time. By April 15, 2021, the parties shall submit the proposed case management plan and joint letter described in the Court's order at Docket No. 6. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/5/2021) (jca)
March 5, 2021 Opinion or Order Set/Reset Hearings: Initial Conference set for 4/22/2021 at 10:40 AM before Judge Lorna G. Schofield. (jca)
March 5, 2021 Opinion or Order CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-01141-LGS.. (jca)
March 4, 2021 Opinion or Order Filing 10 LETTER MOTION to Consolidate Cases 1:21-cv-1141 addressed to Judge Lorna G. Schofield from Plaintiffs dated March 4, 2021. Document filed by Sean Flynn, Dean Karlan, Jonathan Morduch. (Attachments: #1 Attachment 1 - Grant & Eisenhofer P.A. Firm Biography, #2 Attachment 2 - Firm Resume of Susman Godfrey, #3 Proposed Order Granting Letter Motion).(Berger, Daniel)
February 16, 2021 Opinion or Order Filing 9 ORDER: It is hereby ORDERED that a conference will be held at April 1, 2021 at 10:40 a.m. The conference will be telephonic. (As further set forth in this Order.) Initial Conference set for 4/1/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/16/2021) (nb)
February 3, 2021 Opinion or Order Filing 8 STIPULATION EXTENDING DEFENDANTS TIME TO RESPOND TO THE COMPLAINT AND WAIVING SERVICE OF SUMMONS: The date for McGraw Hill LLC to answer, move, or otherwise respond to the Complaint, dated January 22, 2021, shall be extended to and including March 26, 2021. There has been no previous request for an extension of time; Undersigned counsel for McGraw Hill agrees to accept service of the complaint in Flynn et al. v. McGraw Hill LLC, 1:21-cv-614 on behalf of McGraw Hill and to waive service of a summons on McGraw Hill; as further set forth in this Order. McGraw Hill LLC answer due 3/26/2021. (Signed by Judge Lorna G. Schofield on 2/3/2021) (cf)
February 2, 2021 Opinion or Order Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Sean Flynn, Dean Karlan, Jonathan Morduch..(Berger, Daniel)
February 1, 2021 Opinion or Order Filing 6 LETTER addressed to Judge Lorna G. Schofield from Plaintiffs dated 2/1/2021 re: Subject matter jurisdiction under the Class Action Fairness Act. Document filed by Sean Flynn, Dean Karlan, Jonathan Morduch..(Berger, Daniel)
January 27, 2021 Opinion or Order Filing 5 ORDER: WHEREAS, Plaintiffs, on behalf of themselves and all others similarly situated, filed a complaint alleging breach of contract claims against Defendant. Dkt. No. 1. It is hereby ORDERED that, by February 3, 2021, Plaintiffs shall file a letter apprising the Court of the precise basis for subject matter jurisdiction under the Class Action Fairness Act, 28 U.S.C. 1332(d)(2), stating the relevant facts (including the "citizenship" of all relevant parties), citing applicable sections of 28 U.S.C. 1332(d), and addressing whether a limited liability company is an "unincorporated association" pursuant to subsection 10. (Signed by Judge Lorna G. Schofield on 1/27/2021) (cf)
January 25, 2021 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to McGraw Hill LLC..(dnh)
January 25, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Lawrence Berger. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State. (dnh)
January 25, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Lawrence Berger. The party information for the following party/parties has been modified: McGraw Hill LLC, Dean Karlan, Sean Flynn, Jonathan Morduch. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (dnh)
January 25, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
January 25, 2021 Opinion or Order Magistrate Judge Barbara C. Moses 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. (dnh)
January 25, 2021 Opinion or Order Case Designated ECF. (dnh)
January 22, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MCGRAW HILL LLC, re: #1 Complaint. Document filed by Sean Flynn, Dean Karlan, Jonathan Morduch..(Berger, Daniel)
January 22, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Berger, Daniel)
January 22, 2021 Opinion or Order Filing 1 COMPLAINT against McGraw Hill LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-23651579)Document filed by Dean Karlan, Sean Flynn, Jonathan Morduch..(Berger, Daniel)

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Defendant: McGraw Hill LLC
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Defendant: McGraw Hill Education, Inc.
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Plaintiff: Dean Karlan
Represented By: Daniel Lawrence Berger
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Plaintiff: Jonathan Morduch
Represented By: Daniel Lawrence Berger
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Plaintiff: Sean Flynn
Represented By: Daniel Lawrence Berger
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Plaintiff: Jean Twenge
Represented By: Daniel Lawrence Berger
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Plaintiff: David Myers
Represented By: Daniel Lawrence Berger
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