Wallen v. Consumer Reports, Inc.
| JAMES WALLEN, Royce Lader, Frank Highsmith, Jerry Hill, Rita Fahrner, Ernest Branigh, Leeann Biddix and Helen Kassamanian |
| Consumer Reports, Inc. |
| 7:2021cv08624 |
| October 20, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| P.I.: Other |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
CLERK'S JUDGMENT re: #47 Memorandum & Opinion in favor of Consumer Reports, Inc. against Ernest Branigh, Frank Highsmith, Helen Kassamanian, James Wallen, Jerry Hill, Leeann Biddix, Rita Fahrner, Royce Lader. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 9, 2022, Defendant's motion to dismiss is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/12/2022) (Attachments: #1 Right to Appeal) (km)
|
|
Filing 47
OPINION AND ORDER re: #28 MOTION to Dismiss the First Amended Complaint. filed by Consumer Reports, Inc.. The motion to dismiss is GRANTED.The Clerk is instructed terminate the motion (Doc. #28) and close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/09/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing 46
RESPONSE re: #45 Notice (Other), Plaintiffs' December 1, 2022 Notice of Supplemental Authority. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 45
NOTICE of Supplemental Authority re: #34 Memorandum of Law in Opposition to Motion, #29 Memorandum of Law in Support of Motion, #35 Reply Memorandum of Law in Support of Motion. Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Fraietta, Philip)
|
|
Filing 44
LETTER addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated November 28, 2022 re: Defendant's November 28, 2022 submission of a Notice of Supplemental Authority. Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Fraietta, Philip)
|
|
Filing 43
NOTICE of Second Notice of Supplemental Authority re: #28 MOTION to Dismiss the First Amended Complaint.. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 42
LETTER addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated October 28, 2022 re: Defendant's October 26, 2022 submission of a Notice of Supplemental Authority. Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Fraietta, Philip)
|
|
Filing 41
ORDER APPROVING WITHDRAWAL OF APPEARANCE granting #40 Motion to Withdraw as Attorney. The motion for Withdrawal of Appearance of Benjamin S. Thomassen as counsel of record for Plaintiffs James Wallen, Royce Lader, Rita Fahrner, Leeann Biddix, Frank Highsmith, Jerry Hill, Helen Kassamanian, and Ernest Branigh, under Local Rule 1.4 is hereby GRANTED. Attorney Benjamin Scott Thomassen terminated. (Signed by Judge Vincent L. Briccetti on 10/28/2022) (mml)
|
|
Filing 40
MOTION for Benjamin Thomassen to Withdraw as Attorney . Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen. (Attachments: #1 Text of Proposed Order Proposed Order).(Scharg, Ari)
|
|
Filing 39
NOTICE of Supplemental Authority re: #28 MOTION to Dismiss the First Amended Complaint.. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 38
ORDER re: #37 Letter: If the Court decides oral argument is necessary or appropriate, it will so advise the parties. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
|
|
Filing 37
LETTER addressed to Judge Vincent L. Briccetti from Kristen C. Rodriguez dated June 09, 2022 re: Defendants's Request for Oral Argument for it's Motion to Dismiss the First Amended Complaint. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 36
DECLARATION of Kristen C. Rodriguez in Support re: #28 MOTION to Dismiss the First Amended Complaint.. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 35
REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss the First Amended Complaint. . Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
Filing 34
MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss the First Amended Complaint. . Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Fraietta, Philip)
|
|
Filing 33
NOTICE OF APPEARANCE by Julian Cole Diamond on behalf of Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Diamond, Julian)
|
|
Filing 32
ORDER granting #31 Letter Motion for Extension of Time: Plaintiffs shall file their opposition by 5/26/2022, and defendant shall file its reply by 6/9/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
|
|
Filing 31
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss the First Amended Complaint. addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated May 9, 2022. Document filed by Leeann Biddix, Ernest Branigh, Rita Fahrner, Frank Highsmith, Jerry Hill, Helen Kassamanian, Royce Lader, James Wallen..(Fraietta, Philip)
|
|
Filing 30
ORDER terminating #15 Motion to Dismiss: Defendant's motion to dismiss the complaint #15 is terminated as moot in light of defendant's motion to dismiss the amended complaint #28 . (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
|
|
Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss the First Amended Complaint. . Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 28
MOTION to Dismiss the First Amended Complaint. Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 27
ORDER granting #26 Letter Motion for Extension of Time to Answer: By 4/29/2022, defendant shall answer, move, or otherwise respond to the amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
|
|
Filing 26
LETTER MOTION for Extension of Time to File Answer re: #25 Amended Complaint, addressed to Judge Vincent L. Briccetti from Kristen C. Rodriguez dated February 24, 2022. Document filed by Consumer Reports, Inc...(Rodriguez, Kristen)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: Royce Lader, Frank Highsmith, Jerry Hill, Rita Fahrner, Ernest Branigh, Leeann Biddix, Helen Kassamanian. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
|
|
Filing 25
FIRST AMENDED COMPLAINT amending #5 Complaint against Consumer Reports, Inc. with JURY DEMAND.Document filed by James Wallen, Royce Lader, Frank Highsmith, Jerry Hill, Rita Fahrner, Ernest Branigh, Leeann Biddix, Helen Kassamanian. Related document: #5 Complaint..(Fraietta, Philip)
|
|
Filing 24
MEMO ENDORSEMENT on re: #21 Letter filed by James Wallen. ENDORSEMENT: Amended complaint shall be filed by 2/7/2022. SO ORDERED. ( Amended Pleadings due by 2/7/2022.) (Signed by Judge Vincent L. Briccetti on 1/27/2022) (tg)
|
|
Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Natalie J. Spears to Appear Pro Hac Vice. 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 Vincent L. Briccetti on 1/24/2022) (mml)
|
|
Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Kristen Rodriguez to Appear Pro Hac Vice. 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 Vincent L. Briccetti on 1/24/2022) (mml) Modified on 1/24/2022 (mml).
|
|
Filing 21
LETTER addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated January 24, 2022 re: Intent to Amend Complaint. Document filed by James Wallen..(Fraietta, Philip)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Natalie J. Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25617738. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Kristen Rodriguez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25617172. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 20
MOTION for Natalie J. Spears to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25617738. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Reports, Inc.. (Attachments: #1 Affidavit In Support of Motion, #2 Text of Proposed Order).(Spears, Natalie)
|
|
Filing 19
MOTION for Kristen Rodriguez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25617172. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Consumer Reports, Inc.. (Attachments: #1 Affidavit of Kristen Rodriguez in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order).(Rodriguez, Kristen)
|
|
Filing 18
ORDER: On January 14, 2022, defendant moved to dismiss the complaint. (Doc. #15). Accordingly, it is hereby ORDERED that, by no later than January 24, 2022, plaintiff must notify the Court by letter whether he (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, he must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/18/2022) (ama)
|
|
Filing 17
DECLARATION of Sandra D. Hauser in Support re: #15 MOTION to Dismiss the Complaint.. Document filed by Consumer Reports, Inc.. (Attachments: #1 Exhibit 1).(Hauser, Sandra)
|
|
Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint. . Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 15
MOTION to Dismiss the Complaint. Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer: Defendant shall answer, move, or otherwise respond to the complaint by 1/14/2022. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (sla)
|
|
Filing 12
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Vincent L. Briccetti from Sandra D. Hauser dated November 18, 2021. Document filed by Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 11
NOTICE OF APPEARANCE by Sandra Denise Hauser on behalf of Consumer Reports, Inc...(Hauser, Sandra)
|
|
Filing 10
SUMMONS RETURNED EXECUTED. Consumer Reports, Inc. served on 11/1/2021, answer due 11/22/2021. Service was accepted by Alicia Ybarra, Administrative Assistant. Document filed by James Wallen..(Fraietta, Philip)
|
|
Filing 9
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #7 Motion for Benjamin Thomassen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Benjamin Thomassen 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 Vincent L. Briccetti on 11/8/2021) (mml)
|
|
Filing 8
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting #6 Motion for Ari Scharg to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Ari Scharg 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 Vincent L. Briccetti on 11/8/2021) (mml)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Ari Scharg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292118. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Benjamin Thomassen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292983. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 7
MOTION for Benjamin Thomassen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Wallen. (Attachments: #1 Text of Proposed Order).(Thomassen, Benjamin)
|
|
Filing 6
MOTION for Ari Scharg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25292118. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Wallen. (Attachments: #1 Text of Proposed Order).(Scharg, Ari)
|
|
Filing 5
COMPLAINT against Consumer Reports, Inc.. Document filed by James Wallen..(Fraietta, Philip)
|
|
Filing 4
ELECTRONIC SUMMONS ISSUED as to Consumer Reports, Inc...(pc)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: JAMES WALLEN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Philip Lawrence Fraietta to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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. (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(pc)
|
|
Magistrate Judge Andrew E. Krause 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. (pc)
|
|
Case Designated ECF. (pc)
|
|
Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Consumer Reports, Inc., re: #1 Complaint. Document filed by JAMES WALLEN..(Fraietta, Philip)
|
|
Filing 2
CIVIL COVER SHEET filed..(Fraietta, Philip)
|
|
Filing 1
COMPLAINT against JAMES WALLEN. (Filing Fee $ 402.00, Receipt Number ANYSDC-25224138)Document filed by JAMES WALLEN..(Fraietta, Philip)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
