SANDVIG v. EYE CARE LEADERS HOLDINGS, LLC
| KIMBERLY SANDVIG |
| EYE CARE LEADERS HOLDINGS, LLC |
| 1:2022cv00502 |
| July 1, 2022 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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SUPPLEMENT STANDARD ORDER to #20 Standard Order for civil cases filed 10/4/22 to included the following: The deadlines in the Local Rules provide adequate time for briefing in all but exceptional circumstances and parties should not expect motions for extensions of time to be granted. Scheduling Orders will not be modified merely because the parties so agree. The Court expects the parties to promptly move the case towards final resolution and to build in time for coping with delays and obstacles, as they are a normal part of litigation. The press of other legal work is not a valid basis for an extension of time or a continuance, as this case is just as important as other cases and clients. Issued by JUDGE CATHERINE C. EAGLES on 5/1/23. (Winchester, Robin)
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Filing 25
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/14/2022; that these cases have been consolidated for discovery and will likely be consolidated for trial as set out herein. Because the cases are presently being consolidated only for purposes of discovery, they will remain separate cases, and the case caption for each separate case should be included on all consolidated filings. Consolidated filings shall only be made on the ECF docket for the lead case, Farley v. Eye Care Leaders Holdings, LLC, No. 22-CV-468. For the other related cases included in this consolidation, the Clerk's office will enter a docket entry with today's date, noting that the case has been consolidated with No. 22-CV-468 for purposes of discovery and directing that all consolidated filings are to be made only in No. 22-CV-468 until the Court orders otherwise. (Carter, Alexus)
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| Motions Submitted: #21 MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-00526 and 1:22-cv-00607 to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Filing 24 AMENDED COMPLAINT Consolidated Class Action Complaint against defendant EYE CARE LEADERS HOLDINGS, LLC, filed by KIMBERLY SANDVIG, KIMBERLY FARLEY, CHAD FORRESTER.Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00502-CCE-JLW, 1:22-cv-00503-CCE-JLW(KLINGER, GARY) |
| Filing 23 RESPONSE re (13 in 1:22-cv-00503-CCE-JLW, 21 in 1:22-cv-00502-CCE-JLW, 26 in 1:22-cv-00468-CCE-JLW) MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-00526 and 1:22-cv-00607 filed by EYE CARE LEADERS HOLDINGS, LLC. Replies due by 11/9/2022 Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00502-CCE-JLW, 1:22-cv-00503-CCE-JLW(LEERBERG, MATTHEW) |
| Filing 22 CERTIFICATE OF COMPLIANCE by KIMBERLY SANDVIG, KIMBERLY FARLEY, CHAD FORRESTER re (13 in 1:22-cv-00503-CCE-JLW, 21 in 1:22-cv-00502-CCE-JLW, 26 in 1:22-cv-00468-CCE-JLW) MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-00526 and 1:22-cv-00607 Certificate of Compliance of Word Count Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00502-CCE-JLW, 1:22-cv-00503-CCE-JLW(KLINGER, GARY) Modified on 10/6/2022 to include title of document. (Carter, Alexus). |
| Filing 21 MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-00526 and 1:22-cv-00607 by KIMBERLY SANDVIG, KIMBERLY FARLEY, CHAD FORRESTER. Response to Motion due by 10/26/2022 (Attachments: #1 Exhibit 1 (Farley v. Eye Care Leaders), #2 Exhibit 2 (Forrester v. Eye Care Leaders), #3 Exhibit 3 (Sandvig v. Eye Care Leaders), #4 Exhibit 4 (Solomon v. Eye Care Leaders), #5 Exhibit 5 (Byers v. Eye Care Leaders), #6 Exhibit 6 (Decl of Gary M. Klinger), #7 Text of Proposed Order) Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00502-CCE-JLW, 1:22-cv-00503-CCE-JLW(KLINGER, GARY) |
| Filing 20 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
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Filing 19
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/03/2022, that the motion to consolidate, Doc. #6 , is GRANTED as to these three cases. These three cases are consolidated for pre-trial purposes pursuant to Rule 42. Consolidation for trial is likely but will be evaluated later. All papers shall be filed in Case No. 1:22-CV-468, Farley v. Eye Care Leaders, Holding, LLC, the first-filed case. Should any action hereafter be filed in, transferred to, or removed to this court that any party contends arises out of the same or similar operative facts, the parties shall consult and shall promptly file a motion to consolidate, if any party finds it appropriate. These cases have been pending for months and should now move forward expeditiously. The plaintiffs shall file a Consolidated Amended Complaint no later than October 19, 2022. The defendant shall respond no later than November 3, 2022. All prior response deadlines are vacated. Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00502-CCE-JLW, 1:22-cv-00503-CCE-JLW(Taylor, Abby)
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| Filing 18 NOTICE of Related Case(s) 1:22-cv-00526, 1:22-cv-00607 (MASON, GARY) |
| Case no longer referred to Standing Order 30. (Powell, Gloria) |
| Case Reassigned to JUDGE CATHERINE C. EAGLES. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
| TEXT ORDER granting #17 Consent Motion for Extension of Time to File for Class Certification. For good cause shown, Plaintiff is granted relief from the ninety-day (90) deadline for filing class certification and the Court will set a new date along with the proposed scheduling order to be submitted following the Rule 26(f) conference. Issued by MAG/JUDGE JOE L. WEBSTER on 9/19/2022.(Lee, Pedra) |
| Motions Referred: RE: #17 MOTION for Extension of Time for Plaintiff to Move for Class Certification, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 17 MOTION for Extension of Time for Plaintiff to Move for Class Certification by KIMBERLY SANDVIG. (Attachments: #1 Text of Proposed Order)(RHINE, JOEL) |
| Filing 16 Notice to Parties RE: SO30. (Attachments: #1 Consent Form). Response due 9/23/22(Winchester, Robin) |
| Filing 15 NOTICE of Special Appearance by attorney LISA A WHITE on behalf of Plaintiff KIMBERLY SANDVIG ( Filing fee $ 25 receipt number ANCMDC-3363105.) (WHITE, LISA) |
| TEXT ORDER granting #13 Motion for Extension of Time to Answer filed by EYE CARE LEADERS HOLDINGS, LLC. For good cause shown, Defendant Eye Care Leaders Holdings, LLC's response to the Complaint shall be due within thirty days of the filing of a consolidated complaint or within 30 days after the Court denies the consolidation motion in Case No. 1:22-cv-468. Issued by MAG/JUDGE JOE L. WEBSTER on 8/8/2022.(Lee, Pedra) |
| Filing 14 NOTICE of Attorney Appearance by attorney TROY D. SHELTON on behalf of Defendant EYE CARE LEADERS HOLDINGS, LLC (SHELTON, TROY) |
| Motions Referred: RE: #13 MOTION for Extension of Time to File Answer re #1 Complaint, , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, by EYE CARE LEADERS HOLDINGS, LLC. (Attachments: #1 Text of Proposed Order) (LEERBERG, MATTHEW) |
| Filing 12 NOTICE of Special Appearance by attorney DANIELLE LYNN PERRY on behalf of Plaintiff KIMBERLY SANDVIG ( Filing fee $ 25 receipt number ANCMDC-3352534.) (PERRY, DANIELLE) |
| Filing 11 NOTICE of Special Appearance by attorney GARY E. MASON on behalf of Plaintiff KIMBERLY SANDVIG ( Filing fee $ 25 receipt number ANCMDC-3352509.) (MASON, GARY) |
| Filing 10 FILED IN ERROR NOTICE of Attorney Appearance by attorney GARY E. MASON on behalf of Plaintiff KIMBERLY SANDVIG (MASON, GARY) Modified on 8/4/2022 to mark filed in error - incorrect event used. Attorney to re-file Notice of Special Appearance. (Sheets, Jamie) |
| Filing 9 MOTION for Extension of Time to File Answer re #1 Complaint, by EYE CARE LEADERS HOLDINGS, LLC. (Attachments: #1 Text of Proposed Order extending time) (LEERBERG, MATTHEW) |
| Filing 8 NOTICE of Attorney Appearance by attorney MATTHEW NIS LEERBERG on behalf of Defendant EYE CARE LEADERS HOLDINGS, LLC (LEERBERG, MATTHEW) |
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ORDER granting #9 Motion for Extension of Time to Answer filed by EYE CARE LEADERS HOLDINGS, LLC. Answer due 8/5/2022. Signed by Gloria L. Powell on 7/5/2022 on behalf of John S. Brubaker, Clerk of Court. (Powell, Gloria)
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| Filing 7 Case transferred in from District of North Carolina Eastern; Case Number 5:22-cv-00234. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
ORDER granting #5 Motion to Transfer Case. Signed by Chief US District Judge Richard E. Myers II on 6/30/2022. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.]
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| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (Carter, Alexus) |
| Case transferred to the Middle District of North Carolina. File transmitted electronically. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| CASE REFERRED to Standing Order 30. (Carter, Alexus) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) |
| Filing 5 MOTION to Transfer Case to Middle District of North Carolina filed by Kimberly Sandvig. (Attachments: #1 Text of Proposed Order) (Rhine, Joel) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #5 MOTION to Transfer Case to Middle District of North Carolina. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Notice to Counsel regarding: #5 Motion to Transfer Case. Counsel is reminded that pursuant to the Chief Judge Myers's Practice Preferences, counsel shall email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Filing 4 Financial Disclosure Statement by Kimberly Sandvig (Rhine, Joel) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Filing 3 Notice of Appearance filed by Joel R. Rhine on behalf of Kimberly Sandvig. (Rhine, Joel) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Filing 2 Summons Issued as to Eye Care Leaders Holdings, LLC. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| NOTICE OF DEFICIENCY regarding #1 Complaint. All counsel appearing on behalf of a party shall file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Kimberly Sandvig. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Waddell, K.) [Transferred from North Carolina Eastern on 7/1/2022.] |
| Filing 1 COMPLAINT against Kimberly Sandvig ( Filing fee $ 402 receipt number 0417-6595421.), filed by Kimberly Sandvig. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rhine, Joel) [Transferred from North Carolina Eastern on 7/1/2022.] |
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