Walmart Inc. et al v. Capital One, National Association
| Wal-Mart Stores East, LP, Wal-Mart Louisiana, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart.com USA, LLC and Walmart Apollo, LLC |
| Capital One, National Association |
| Walmart Inc. |
| Wal-Mart Stores Arkansas, LLC |
| 1:2023cv02942 |
| April 7, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 77
ORDER: After reviewing the parties' pre-conference submissions and considering their thoughtful arguments at yesterday's conference, the Court ORDERS the parties to adhere to the following briefing schedule for their anticipated cross-motions for summary judgment: Each side shall file their opening summary judgment motion, not to exceed 25 pages, on or before June 26, 2023. Each side shall then submit an opposition brief to their adversary's summary judgment motion, not to exceed 25 pages, on or before July 26, 2023. Briefing shall be limited to the issue of whether Walmart's right to terminate the Credit Card Program Agreement (the "Agreement") has been triggered based on the text of the Agreement. To be clear, the parties may argue that the relevant language in the Agreement is ambiguous, and that extrinsic evidence is necessary to resolve the parties' dispute, but they are directed not to submit any extrinsic evidence at this time. If the Court finds that the Agreement is indeed ambiguous, it will promptly order limited discovery and briefing on that issue. If the Court determines that oral argument would be useful, it will promptly reach out to the parties and further set forth in this Order. (Motions due by 6/26/2023., Responses due by 7/26/2023) (Signed by Judge Katherine Polk Failla on 5/25/2023) (rro)
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Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 5/24/2023. Attorneys Matthew Lane Schwartz and Jesse Panuccio representing Plaintiffs/Counter Defendants present. Attorneys Mark P. Goodman, Susan Reagan Gittes, and Helen Virginia Cantwell representing Defendant/Counter Plaintiff present. The Court will issue a briefing schedule in due course. (Court Reporter Raquel Robles) (tn)
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Filing 76
ORDER granting #72 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 74 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 72. (Signed by Judge Katherine Polk Failla on 5/15/2023) (rro)
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Filing 75
LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 12, 2023 re: Summary Judgment Briefing Schedule. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 74
***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Mark P. Goodman dated MAY 12, 2023 re: #72 LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #72 .(Goodman, Mark)
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Filing 73
LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023 re: #72 LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. . Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 72
LETTER MOTION to Seal Reply to Pre-Motion Letter addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 12, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 71
MEMO ENDORSEMENT on #68 granting #65 Letter Motion to Seal; granting #68 Letter Motion to Seal; terminating #69 Letter Motion for Leave to File Document; terminating #70 Letter Motion for Leave to File Document. ENDORSEMENT: The Court is in receipt of the above letter from Defendant and a similar letter from Plaintiffs (Dkt. #65), both seeking leave to file their pre-motion letters regarding Defendants' counterclaims under seal. Both applications are GRANTED. The parties should be prepared to discuss their intended motions on the counterclaims at the May 24, 2023 conference. The Clerk of Court is directed to maintain docket entries 67 and 70 under seal, vieable only to the parties and the Court. The Clerk of Court is further directed terminate the motions at docket entries 65, 68, 69, and 70. (Signed by Judge Katherine Polk Failla on 5/11/2023) (rro)
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Filing 70
***SELECTED PARTIES*** LETTER MOTION for Leave to File Motion for Summary Judgment / Pre-Motion Conference Letter (Under Seal) addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc..Motion or Order to File Under Seal: #68 .(Goodman, Mark)
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Filing 69
LETTER MOTION for Leave to File Motion for Summary Judgment / Pre-Motion Conference Letter (Redacted) addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 68
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 10, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 67
***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023 re: pre-motion letter regarding anticipated motion practice on Defendant Capital One's Counterclaims. Document filed by Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Inc., Capital One, National Association, Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC.Motion or Order to File Under Seal: #65 .(Schwartz, Matthew)
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Filing 66
LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023 re: pre-motion letter regarding anticipated motion practice on Defendant Capital One's Counterclaims. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 65
LETTER MOTION to Seal May 10, 2023 pre-motion letter addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 10, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 64
ORDER granting #61 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 63 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 61. (Signed by Judge Katherine Polk Failla on 5/9/2023) (rro)
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Filing 63
***SELECTED PARTIES*** RESPONSE re: #49 Letter, . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #61 .(Goodman, Mark)
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Filing 62
RESPONSE re: #49 Letter, . Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 61
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 8, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 60
ORDER granting #59 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for May 16, 2023 is hereby ADJOURNED to 11:30 a.m. on May 24, 2023. This adjournment does not impact the deadlines for pre-motion submissions regarding Defendant's counterclaims. (See Dkt. #53). The Court is sympathetic to Plaintiffs' preference that the conference take place earlier, but scheduling conflicts prevent it from holding the conference on their suggested dates. The Clerk of Court is directed to terminate the motion at docket try 59. SO ORDERED. Pre-Motion Conference set for 5/24/2023 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/5/2023) (tg)
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Filing 59
LETTER MOTION to Adjourn Conference Scheduled For May 16, 2023 addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 5, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 58
ORDER granting #54 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 57 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 54. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/5/2023) (tg)
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Filing 57
***SELECTED PARTIES***ANSWER to #48 Amended Complaint,., COUNTERCLAIM against Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Inc., Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC, Walmart Apollo, LLC, Capital One, National Association, Wal-Mart.com USA, LLC, Wal-Mart Stores Texas, LLC, Wal-Mart Stores East, LP, Walmart Inc., Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc..Motion or Order to File Under Seal: #54 .(Goodman, Mark)
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Filing 56
ANSWER to #50 Amended Complaint,., COUNTERCLAIM against Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 55
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Capital One Financial Corporation for Capital One, National Association. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 54
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 4, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 53
ORDER granting #46 Letter Motion to Seal; granting #51 Letter Motion to Adjourn Conference. The Court is in receipt of the Amended Complaint (Dkt. #48, 50) and Plaintiffs' supplemental letter (Dkt. #47, 49), both of which were filed yesterday afternoon. The Court is also in receipt of Defendant's request for an adjournment of the pre-motion conference from tomorrow to next week (Dkt. #51), and Plaintiffs' letter opposing such request (Dkt. #52). The Court is mindful of Plaintiffs' concern that delay in the resolution of this matter will cause them harm. But the Court wishes for Defendant to have a full opportunity to respond to Plaintiffs' most recent filings, and is also concerned that proceeding with tomorrow's conference will actually slow the resolution of this matter, as it would be most efficient to resolve both Plaintiffs' claims and Defendant's counterclaims at once (if the parties indeed anticipate motion practice on all such claims). Accordingly, in order to afford Defendant an opportunity to respond to Plaintiffs' May 2, 2023 letter (Dkt. #47, 49) and to file its answer and counterclaims, the pre-motion conference currently scheduled for May 4, 2023 is hereby ADJOURNED to 2:30 p.m. on May 16, 2023. The Court will not set a deadline for Defendant to file its responsive pleading at this time, but credits its representation that it will file such pleading this week. Any party that anticipates motion practice on Defendant's counterclaims at this time shall file a pre-motion letter on or before May 10, 2023. Any responsive letters shall be file on or before May 12, 2023. Separately, Plaintiffs' sealing application is GRANTED. The Clerk of Court is directed to maintain docket entries 49 and 50 under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the motions at docket entries 46 and 51. (Pre-Motion Conference set for 5/16/2023 at 02:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/3/2023) (rro)
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Filing 52
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 3, 2023 re: #51 LETTER MOTION to Adjourn Conference / Request for Adjournment of Pre-Motion Conference addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 2, 2023. . Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 51
LETTER MOTION to Adjourn Conference / Request for Adjournment of Pre-Motion Conference addressed to Judge Katherine Polk Failla from Mark P. Goodman dated May 2, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 50
***SELECTED PARTIES***FIRST AMENDED COMPLAINT amending #1 Complaint, against Capital One, National Association.Document filed by Walmart Apollo, LLC, Wal-Mart Puerto Rico, Inc., Walmart Inc., Wal-Mart Stores Texas, LLC, Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Capital One, National Association, Wal-Mart Stores East, LP, Wal-Mart Stores Arkansas, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #46 .(Schwartz, Matthew)
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Filing 49
***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023 re: update about the parties' course of conduct under their Contract. Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Capital One, National Association, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Walmart Inc., Wal-Mart Stores Texas, LLC, Wal-Mart Stores Arkansas, LLC.Motion or Order to File Under Seal: #46 .(Schwartz, Matthew)
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Filing 48
FIRST AMENDED COMPLAINT amending #1 Complaint, against Capital One, National Association.Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1 (Slipsheet)).(Schwartz, Matthew)
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Filing 47
LETTER addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023 re: update about the parties' course of conduct under their Contract. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 46
LETTER MOTION to Seal letter to Judge Failla dated May 2, 2023 and Amended Complaint with Exhibit 1 addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated May 2, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 45
ORDER granting #41 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entries 39 and 44 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 41. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
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Filing 44
***SELECTED PARTIES*** RESPONSE re: #41 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023., #34 Redacted Document, . Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #41 .(Goodman, Mark)
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Filing 43
RESPONSE re: #41 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023., #34 Redacted Document, /REDACTED RESPONSE. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 42
ORDER granting #38 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entry 40 under seal, viewable only to the parties and the Court. The Clerk of Court is further directed to terminate the motion at docket entry 38. (Signed by Judge Katherine Polk Failla on 4/26/2023) (rro)
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Filing 41
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 26, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 40
***SELECTED PARTIES*** RESPONSE re: #34 Redacted Document, #38 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. / Response to Pre-Motion Conference Letter with Highlights (Under Seal). Document filed by Capital One, National Association, Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. Motion or Order to File Under Seal: #38 .(Goodman, Mark)
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Filing 39
RESPONSE re: #34 Redacted Document, #38 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. / Response to Pre-Motion Conference Letter (Redacted). Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 38
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Mark P. Goodman dated April 25, 2023. Document filed by Capital One, National Association..(Goodman, Mark)
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Filing 37
ORDER granting #36 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for May 3, 2023 is hereby ADJOURNED to 3:30 p.m. on May 4, 2023. The Clerk of Court is directed to terminate the motion at docket entry 36. Status Conference set for 5/4/2023 at 03:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/25/2023) (rro)
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Filing 36
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Jesse Panuccio dated April 25, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Panuccio, Jesse)
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Filing 35
ORDER granting #32 Letter Motion to Seal. The Court is in receipt of Plaintiffs' letter requesting a conference to discuss its anticipated motion for summary judgment (Dkt. #33, 34) as well as the above request to file that letter under seal. Because Defendant does not oppose the sealing request at this time, that request is GRANTED. Defendant may move the Court for the unsealing of the document at a later date if it is so inclined. Plaintiffs' request for a conference is GRANTED as well. The parties are ORDERED to appear for a conference to discuss Plaintiffs' anticipated motion to dismiss on May 3, 2023, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Defendant shall file a response to Plaintiffs' premotion letter on or before April 25, 2023. Defendant's obligation to answer or otherwise respond to the complaint is stayed pending further order of the Court. The Clerk of Court is directed to terminate the motion at docket entry 32. The Clerk of Court is additionally directed to maintain docket entry 34 under seal, viewable only to the parties and the Court. (Signed by Judge Katherine Polk Failla on 4/20/2023) (rro)
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Filing 34
***SELECTED PARTIES***REDACTION to #33 Redacted Document, #32 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC, Capital One, National AssociationMotion or Order to File Under Seal: #32 .(Schwartz, Matthew)
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Filing 33
REDACTION to #32 LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc..(Schwartz, Matthew)
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Filing 32
LETTER MOTION to Seal addressed to Judge Katherine Polk Failla from Matthew L. Schwartz dated April 20, 2023. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Set/Reset Hearings:( Status Conference set for 5/3/2023 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (rro)
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Filing 31
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WMT Apex Sarl for Wal-Mart Puerto Rico, Inc.. Document filed by Wal-Mart Puerto Rico, Inc...(Schwartz, Matthew)
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Filing 30
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Walmart Apollo, LLC. Document filed by Walmart Apollo, LLC..(Schwartz, Matthew)
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Filing 29
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart.com USA, LLC. Document filed by Wal-Mart.com USA, LLC..(Schwartz, Matthew)
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
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Filing 27
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Real Estate Business Trust for Wal-Mart Stores Texas, LLC. Document filed by Wal-Mart Stores Texas, LLC..(Schwartz, Matthew)
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart Louisiana, LLC. Document filed by Wal-Mart Louisiana, LLC..(Schwartz, Matthew)
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Filing 25
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(Schwartz, Matthew)
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Filing 24
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Walmart Inc...(Schwartz, Matthew)
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Filing 23
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Capital One, National Association served on 4/11/2023, answer due 5/2/2023. Service was accepted by Rene Nordquist/Registered Agent. Document filed by Wal-Mart Puerto Rico, Inc.; Wal-Mart Louisiana, LLC ; Wal-Mart.com USA, LLC; Wal-Mart Stores East, LP; Walmart Apollo, LLC; Wal-Mart Stores Texas, LLC ; Walmart Inc.; Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
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NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Analisa Torres is no longer assigned to the case..(aea)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge John G. Koeltl is no longer assigned to the case..(aea)
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NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge J. Paul Oetken is no longer assigned to the case..(aea)
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Filing 22
ORDER granting #13 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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Filing 21
ORDER granting #12 Motion to Appear Pro Hac Vice. Granted. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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Filing 20
NOTICE OF APPEARANCE by Sabina Mariella on behalf of Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Mariella, Sabina)
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Filing 19
NOTICE OF APPEARANCE by Marc Victor Ayala on behalf of Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Ayala, Marc)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Capital One, National Association..(jgo)
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Filing 17
NOTICE OF APPEARANCE by Susan Reagan Gittes on behalf of Capital One, National Association..(Gittes, Susan)
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Filing 16
NOTICE OF APPEARANCE by Helen Virginia Cantwell on behalf of Capital One, National Association..(Cantwell, Helen)
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Filing 15
NOTICE OF APPEARANCE by John Gleeson on behalf of Capital One, National Association..(Gleeson, John)
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Filing 14
NOTICE OF APPEARANCE by Mark P. Goodman on behalf of Capital One, National Association..(Goodman, Mark)
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Filing 13
MOTION for Jason Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27582520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. (Attachments: #1 Affidavit Declaration of Jason Hillborn, #2 Exhibit Florida Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Exhibit New York Certificate of Good Standing, #5 Text of Proposed Order Proposed Order).(Hilborn, Jason) Modified on 4/10/2023(sgz).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Matthew Schwartz to RE-FILE Document No. #5 Rule 7.1 Corporate Disclosure Statement, #7 Rule 7.1 Corporate Disclosure Statement, #6 Rule 7.1 Corporate Disclosure Statement, #8 Rule 7.1 Corporate Disclosure Statement, #11 Rule 7.1 Corporate Disclosure Statement, #9 Rule 7.1 Corporate Disclosure Statement, #10 Rule 7.1 Corporate Disclosure Statement, #4 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kw)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(jgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jason Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27582520. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Case Designated ECF. (jgo)
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Magistrate Judge Valerie Figueredo 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. (jgo)
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Filing 12
MOTION for Jesse Panuccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27580378. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc.. (Attachments: #1 Affidavit Declaration of Jesse Panuccio, #2 Exhibit Florida Certificate of Good Standing, #3 Exhibit District of Columbia Certificate of Good Standing, #4 Text of Proposed Order Proposed Order).(Panuccio, Jesse)
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Filing 11
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Walmart Apollo, LLC. Document filed by Walmart Apollo, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart.com USA, LLC. Document filed by Wal-Mart.com USA, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WMT Apex Sarl for Wal-Mart Puerto Rico, Inc.. Document filed by Wal-Mart Puerto Rico, Inc...(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Walmart Inc. for Wal-Mart Stores Arkansas, LLC. Document filed by Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 7
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Real Estate Business Trust for Wal-Mart Stores Texas, LLC. Document filed by Wal-Mart Stores Texas, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wal-Mart Stores East, LP for Wal-Mart Louisiana, LLC. Document filed by Wal-Mart Louisiana, LLC..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Walmart Inc...(Schwartz, Matthew) Modified on 4/10/2023 (kw).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Capital One, National Association, re: #1 Complaint,. Document filed by Wal-Mart Louisiana, LLC, Wal-Mart Puerto Rico, Inc., Wal-Mart Stores Arkansas, LLC, Wal-Mart Stores East, LP, Wal-Mart Stores Texas, LLC, Wal-Mart.com USA, LLC, Walmart Apollo, LLC, Walmart Inc...(Schwartz, Matthew)
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Filing 2
CIVIL COVER SHEET filed..(Schwartz, Matthew)
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Filing 1
COMPLAINT against Capital One, National Association. (Filing Fee $ 402.00, Receipt Number ANYSDC-27578912)Document filed by Wal-Mart Puerto Rico, Inc., Wal-Mart Louisiana, LLC, Wal-Mart.com USA, LLC, Wal-Mart Stores East, LP, Walmart Apollo, LLC, Wal-Mart Stores Texas, LLC, Walmart Inc., Wal-Mart Stores Arkansas, LLC..(Schwartz, Matthew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Jesse Panuccio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27580378. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
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