Marcus Brooks et al v. Warnermedia Direct LLC
| Warnermedia Direct, LLC |
| Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz and Courtney Walker |
| 1:2023cv11030 |
| December 20, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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| Filing 72 MEMO ENDORSEMENT on re: #71 Letter, filed by Warnermedia Direct, LLC. ENDORSEMENT: The Court is in receipt of Respondent's request for oral argument concerning Respondent's Motion To Compel Arbitration (Dkt. #48) and Petitioners' Petition To Compel Arbitration (Dkt. #1). If the Court determines that oral argument would be useful, it will promptly reach out to the parties. (Signed by Judge Katherine Polk Failla on 2/12/2024) (rro) |
| Filing 71 LETTER addressed to Judge Katherine Polk Failla from Michael W. McTigue, Jr dated February 9, 2024 re: Requesting Oral Argument on Respondent's Motion to Compel Arbitration (ECF No. 48) and Petitioners' Petition to Compel Arbitration (ECF No. 1).. Document filed by Warnermedia Direct, LLC..(McTigue, Michael) |
| Filing 70 REPLY MEMORANDUM OF LAW in Support re: #48 . Document filed by Warnermedia Direct, LLC..(McTigue, Michael) |
| Filing 69 REPLY MEMORANDUM OF LAW in Support of #1 Petition to Compel Arbitration. Document filed by Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker..(Huber, Patrick) |
| Filing 68 DECLARATION of Patrick A. Huber in Opposition re: #48 . Document filed by Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Exhibit A - Opt-Out Letter Dated June 9, 2023).(Huber, Patrick) |
| Filing 67 MEMORANDUM OF LAW in Opposition re: #48 Cross-Motion to Compel Arbitration. Document filed by Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker..(Huber, Patrick) |
Filing 66
MEMO ENDORSED ORDER granting #65 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Court wishes Mr. Kim the best in his future endeavors. The Clerk of Court is directed to terminate the pending motion at docket entry 65. SO ORDERED. (Attorney Jae Kook Kim terminated.) (Signed by Judge Katherine Polk Failla on 1/18/24) (yv)
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| Filing 65 MOTION for Jae Kook Kim to Withdraw as Attorney for Petitioners. Document filed by Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker..(Huber, Patrick) |
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Filing 64
MEMO ENDORSEMENT on re: #63 Letter, filed by Candida Ortiz, Warnermedia Direct, LLC, Katharine Guzenski, Marcus Brooks, Rodrigo Maldonado, Courtney Walker. ENDORSEMENT: The Court is in receipt of the parties' above letter (Dkt. #63). The Court sees no reason to depart from the cadence of briefing that the parties agreed to prior to this action's transfer to this Court. Accordingly, the Court adopts Respondent's proposed schedule. The Court hereby ORDERS Petitioners to file their Reply in Further Support of Petitioners' Petition to Compel on or before January 19, 2024; Petitioners to file their Opposition to Respondent's Cross- Motion to Compel on or before January 19, 2024; and Respondent to file its Reply in Further Support of Respondent's Cross-Motion to Compel on or before February 9, 2024. ( Responses due by 1/19/2024, Replies due by 2/9/2024.) (Signed by Judge Katherine Polk Failla on 1/8/2024) (rro)
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| Filing 63 JOINT LETTER addressed to Judge Katherine Polk Failla dated 1/5/2024 re: Joint Letter on Proposed Briefing Schedule. Document filed by Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, Warnermedia Direct, LLC..(Huber, Patrick) |
| Filing 62 NOTICE OF APPEARANCE by Patrick Alan Huber on behalf of Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker..(Huber, Patrick) |
| Filing 61 NOTICE OF APPEARANCE by Meredith Slawe on behalf of Warnermedia Direct, LLC..(Slawe, Meredith) |
| Filing 60 NOTICE OF APPEARANCE by Michael W McTigue, Jr on behalf of Warnermedia Direct, LLC..(McTigue, Michael) |
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Filing 59
ORDER: The Court hereby ORDERS the parties to file a joint letter with this Court on or before January 5, 2024, proposing a schedule for the remainder of the briefing on Petitioners' Petition to Compel Arbitration (Dkt. #1) and Respondent's Cross-Petition to Compel Arbitration (Dkt. #48). (Signed by Judge Katherine Polk Failla on 12/27/2023) (rro)
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| Filing 58 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:23-cv-07579. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. 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..(vba) |
| 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. (vba) |
| Case Designated ECF. (vba) |
| Filing 57 MINUTES OF RESPONDENT'S MOTION TO TRANSFER #41 Hearing held before Judge George H Wu. Counsel for Petitioner is not present. The Court's Tentative Ruling on Respondent's Motion #41 was issued on December 1, 2023 #55 . Oral argument is held. A stipulation to submit to the Tentative Ruling was filed on December 3, 2023 #56 . The Tentative Ruling is adopted as the Court's Final Ruling. The Court GRANTS the Motion to Transfer Venue to the U.S. District Court for the Southern District of New York.; granting #41 MOTION to Transfer Case to Southern District of New York. (MD JS-6. Case Terminated.) Court Reporter: Terri A. Hourigan. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 56 Joint STIPULATION to Waive December 4, 2023 Hearing Minutes of In Chambers Order/Directive - no proceeding held #55 and Submit to the Tentative Ruling, and Terminate Pending Briefing Deadlines filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Declaration of Warren D. Postman in Support of Stipulation, #2 Proposed Order)(Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 55 MINUTES IN CHAMBERS - TENTATIVE RULING ON RESPONDENT'S MOTION TO TRANSFER #41 by Judge George H Wu. Attached hereto is the Court's Tentative Ruling on Respondent's Motion #41 set for hearing on December 4, 2023 at 8:30 a.m. (aco)[Transferred from California Central on 12/20/2023.] |
| Filing 54 TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: The parties are advised that the Motion Hearing #41 , set for Monday, December 4, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 12/20/2023.] |
| Filing 53 NOTICE OF ERRATA filed by Defendant Warnermedia Direct, LLC. correcting Reply (Motion related), #49 Respondent's Notice Of Errata (Attachments: #1 Exhibit 1)(Russell, Jason) [Transferred from California Central on 12/20/2023.] |
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Filing 52
ORDER ON JOINT STIPULATION TO CONTINUE DECEMBER 14, 2023 HEARING TO JANUARY 8, 2024 AND MODIFY BRIEFING SCHEDULE by Senior District Judge George H Wu. IT IS HEREBY ORDERED that the Joint Stipulation is GRANTED. The Court orders as follows: 1. The hearing date for Petitioners' Petition to Compel Arbitration and Respondent's Cross-Petition to Compel Arbitration is continued from December 14, 2023 to January 8, 2024 at 8:30 a.m. (See document for additional deadlines). RE: Stipulation to Continue, #51 . (aco) [Transferred from California Central on 12/20/2023.]
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| Filing 51 Joint STIPULATION to Continue Hearing from December 14, 2023 to January 8, 2024 Re: Order on Motion to Continue,, #40 , Joint STIPULATION for Extension of Time to File filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Declaration of Warren Postman, #2 Proposed Order)(Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 50 MEMORANDUM of Points and Authorities in Opposition - Respondent's Opposition To The Petition To Compel Arbitration Re: Petition (Attorney Civil Case Opening),,, #1 (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 49 REPLY in Further Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York - Respondent's Notice Of Motion And Motion To Transfer; and Memorandum Of Points And Authorities In Support Thereof #41 - Respondent's Reply In Further Support Of Its Motion To Transfer filed by Defendant Warnermedia Direct, LLC. (Attachments: #1 Declaration of Michael W. McTigue, Jr. and Exhibits 1-8)(Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 48 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Respondent Warnermedia Direct, LLC. Motion set for hearing on 12/14/2023 at 08:30 AM before Senior District Judge George H Wu. (Attachments: #1 Declaration of Su Kelsay and Exhibits 1 and 2, #2 Declaration of Michael W. McTigue, Jr. and Exhibits 1-21, #3 Proposed Order) (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 47 RESPONSE filed by Defendant Warnermedia Direct, LLCto Petition (Attorney Civil Case Opening),,, #1 Respondent's Answer To The Petition To Compel Arbitration And Alternative Cross-Petition To Compel Arbitration (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 46 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York - Respondent's Notice Of Motion And Motion To Transfer; and Memorandum Of Points And Authorities In Support Thereof #41 filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
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Filing 45
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC, designating Jason D. Russell as local counsel GRANTED.; granting #44 Non-Resident Attorney Michael W. McTigue, Jr. (aco) [Transferred from California Central on 12/20/2023.]
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| Filing 44 APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Previously Paid on 11/6/2023, Receipt No. ACACDC-36361817) filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Proposed Order) (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36361817) #42 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) [Transferred from California Central on 12/20/2023.] |
| Filing 42 APPLICATION of Non-Resident Attorney Michael W. McTigue, Jr. to Appear Pro Hac Vice on behalf of Defendant Warnermedia Direct, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36361817) filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Proposed Order) (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 41 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of New York - Respondent's Notice Of Motion And Motion To Transfer; and Memorandum Of Points And Authorities In Support Thereof filed by Respondent Warnermedia Direct, LLC. Motion set for hearing on 12/4/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Jason D. Russell and Exhibits 1-11, #2 Proposed Order) (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 40 MINUTES IN CHAMBERS - RESPONDENT'S EX PARTE APPLICATION TO CONTINUE NOVEMBER 6, 2023 HEARING TO DECEMBER 14, 2023 AND ENTER BRIEFING SCHEDULE #36 by Judge George H. Wu. Respondent's Ex Parte Application #36 is GRANTED as follows: Petition to Compel Arbitration; Opposition: Due November 20, 2023; Reply: Due November 30, 2023; Hearing: December 14, 2023 at 8:30 a.m. Motion to Transfer Venue; Motion: Due November 6, 2023 Opposition: Due November 13, 2023; Reply: Due November 20, 2023; Hearing: December 4, 2023 at 8:30 a.m.; granting #36 EX PARTE APPLICATION to Continue Hearing. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 39 Opposition re: EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule #36 filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Declaration of Patrick Huber with Exhibits A-D)(Huber, Patrick) [Transferred from California Central on 12/20/2023.] |
| Filing 38 PROOF OF SERVICE filed by Respondent Warnermedia Direct, LLC, re Certificate/Notice of Interested Parties #37 , EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule #36 served on October 10, 2023 via Facsimile. (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 37 Certification And NOTICE of Interested Parties filed by Respondent Warnermedia Direct, LLC, (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
| Filing 36 EX PARTE APPLICATION to Continue Hearing from November 6, 2023 to December 14, 2023 And Enter Briefing Schedule filed by Respondent Warnermedia Direct, LLC. (Attachments: #1 Declaration of Jason D. Russell and Exhibits 1 - 5, #2 Proposed Order) (Attorney Jason D. Russell added to party Warnermedia Direct, LLC(pty:dft)) (Russell, Jason) [Transferred from California Central on 12/20/2023.] |
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Filing 35
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Albert Pak to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, designating Jae K. Kim as local counsel GRANTED.; granting #27 Non-Resident Attorney Albert Pak. (aco) [Transferred from California Central on 12/20/2023.]
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Filing 34
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Patrick A. Huber to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, designating Jae K. Kim as local counsel GRANTED.; granting #26 Non-Resident Attorney Patrick A. Huber. (aco) [Transferred from California Central on 12/20/2023.]
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| Filing 33 PROOF OF SERVICE filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, re Declaration, #30 , Declaration,,,,, #14 , Declaration #31 , Memorandum of Points and Authorities in Support, #13 , Declaration, #29 , Declaration #32 , Declaration #28 served on September 26, 2023. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 32 DECLARATION of Courtney Walker re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Courtney Walker. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 31 DECLARATION of Candida Ortiz re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Candida Ortiz. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 30 DECLARATION of Rodrigo Maldonado re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Rodrigo Maldonado. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 29 DECLARATION of Katharine (Rose) Guzenski re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Katharine Guzenski. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 28 DECLARATION of Marcus Brooks re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Marcus Brooks. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 27 APPLICATION of Non-Resident Attorney Albert Pak to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36110112) filed by Plaintiff Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Kim, Jae) [Transferred from California Central on 12/20/2023.] |
| Filing 26 APPLICATION of Non-Resident Attorney Patrick A. Huber to Appear Pro Hac Vice on behalf of Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. BCACDC-36109720) filed by Plaintiff Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Attorney Jae Kook Kim added to party Marcus Brooks(pty:pet), Attorney Jae Kook Kim added to party Katharine Guzenski(pty:pet), Attorney Jae Kook Kim added to party Rodrigo Maldonado(pty:pet), Attorney Jae Kook Kim added to party Candida Ortiz(pty:pet), Attorney Jae Kook Kim added to party Courtney Walker(pty:pet)) (Kim, Jae) [Transferred from California Central on 12/20/2023.] |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Declaration #18 , Declaration, #16 , Declaration #15 , Declaration #19 by Judge George H. Wu. Docket Numbers 15, 16, 17, 18 and 19 are stricken for the reason(s) stated in the Notices [20, 21, 22, 23, 24] filed on September 26, 2023. Counsel are to refile the Declarations with a title page that includes the case title and the case number. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #19 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #18 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration, #17 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration, #16 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Declaration #15 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 19 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Courtney Walker re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Courtney Walker. (Postman, Warren) Modified on 9/26/2023 (aco). [Transferred from California Central on 12/20/2023.] |
| Filing 18 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Candida Ortiz re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Candida Ortiz. (Postman, Warren) Modified on 9/26/2023 (aco). [Transferred from California Central on 12/20/2023.] |
| Filing 17 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Rodrigo Maldonado re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Rodrigo Maldonado. (Postman, Warren) Modified on 9/26/2023 (aco). [Transferred from California Central on 12/20/2023.] |
| Filing 16 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Katharine (Rose) Guzenski re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Katharine Guzenski. (Postman, Warren) Modified on 9/26/2023 (aco). [Transferred from California Central on 12/20/2023.] |
| Filing 15 [DOCUMENT STRICKEN PER ORDER ON 09/26/2023, SEE DOCKET NO. 25] DECLARATION of Marcus Brooks re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioner Marcus Brooks. (Postman, Warren) Modified on 9/26/2023 (aco). [Transferred from California Central on 12/20/2023.] |
| Filing 14 DECLARATION of Patrick A. Huber re Memorandum of Points and Authorities in Support, #13 , Petition (Attorney Civil Case Opening),,, #1 in Support of Petition to Compel Arbitration filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Attachments: #1 Exhibit A - HBO Max Terms of Use (Effective Apr. 29, 2020), #2 Exhibit B - HBO Max Terms of Use (Effective Oct. 19, 2021), #3 Exhibit C - HBO Max Terms of Use (Effective Nov. 1, 2022), #4 Exhibit D - HBO Max Terms of Use (Effective Dec. 20, 2022), #5 Exhibit E - MAX Terms of Use (Effective May 23, 2023), #6 Exhibit F - Notice of Dispute (Brooks), #7 Exhibit G - Notice of Dispute (Guzenski), #8 Exhibit H - Notice of Dispute (Maldonado), #9 Exhibit I - Notice of Dispute (Ortiz), #10 Exhibit J - Notice of Dispute (Walker), #11 Exhibit K - Arbitration Demand Against WarnerMedia (Brooks), #12 Exhibit L - Arbitration Demand Against WarnerMedia (Guzenski), #13 Exhibit M - Arbitration Demand Against WarnerMedia (Maldonado), #14 Exhibit N - Arbitration Demand Against WarnerMedia (Ortiz), #15 Exhibit O - Arbitration Demand Against WarnerMedia (Walker), #16 Exhibit P - July 19, 2023 WarnerMedia Letter, #17 Exhibit Q - July 20, 2023 P. Huber Email, #18 Exhibit R - August 11, 2023 AAA Letter, #19 Exhibit S - AAA Consumer Rules, #20 Exhibit T - 113 S.B. 707)(Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 13 MEMORANDUM of Points and Authorities in Support filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. In Support of Petition to Compel Arbitration #1 Re: Petition (Attorney Civil Case Opening),,, #1 (Attachments: #1 Proposed Order)(Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Petitioner Candida Ortiz, Marcus Brooks, Rodrigo Maldonado, Katharine Guzenski, Courtney Walker. upon Warnermedia Direct, LLC waiver sent by Plaintiff on 9/18/2023, answer due 11/17/2023. Waiver of Service signed by Michael McTigue, Jr.. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 11 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a hearing on PETITIONERS PETITION TO COMPEL ARBITRATION for 11/6/2023 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 12/20/2023.] |
| Filing 10 21 DAY Summons Issued re Petition (Attorney Civil Case Opening), #1 as to Defendant Warnermedia Direct, LLC. (aco) [Transferred from California Central on 12/20/2023.] |
| Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Petition (Attorney Civil Case Opening),,, #1 filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (sh) [Transferred from California Central on 12/20/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) [Transferred from California Central on 12/20/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) [Transferred from California Central on 12/20/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Michael R. Wilner. (sh) [Transferred from California Central on 12/20/2023.] |
| Filing 4 CERTIFICATE of Interested Parties filed by Petitioner Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker, (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Petition (Attorney Civil Case Opening),,, #1 filed by Petitioner Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Petitioners Marcus Brooks, Katharine Guzenski, Rodrigo Maldonado, Candida Ortiz, Courtney Walker. (Postman, Warren) [Transferred from California Central on 12/20/2023.] |
| Filing 1 PETITION Receipt No: ACACDC-36024511 - Fee: $402, filed by Petitioner Candida Ortiz, Marcus Brooks, Rodrigo Maldonado, Katharine Guzenski, Courtney Walker. (Attachments: #1 Ex. A - HBO Max Terms of Use (Effective Apr. 29, 2020), #2 Ex. B - HBO Max Terms of Use (Effective Oct. 19, 2021), #3 Ex. C - HBO Max Terms of Use (Effective Nov. 1, 2022), #4 Ex. D - July 19, 2023 WarnerMedia Letter, #5 Ex. E - July 20, 2023 Email from P. Huber, #6 Ex. F - August 11, 2023 AAA Letter) (Attorney Warren D Postman added to party Marcus Brooks(pty:pet), Attorney Warren D Postman added to party Katharine Guzenski(pty:pet), Attorney Warren D Postman added to party Rodrigo Maldonado(pty:pet), Attorney Warren D Postman added to party Candida Ortiz(pty:pet), Attorney Warren D Postman added to party Courtney Walker(pty:pet))(Postman, Warren) [Transferred from California Central on 12/20/2023.] |
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