FORRESTER v. EYE CARE LEADERS HOLDINGS, LLC
| CHAD FORRESTER |
| EYE CARE LEADERS HOLDINGS, LLC |
| 1:2022cv00503 |
| July 1, 2022 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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SUPPLEMENTAL STANDARD ORDER to #12 Standard Order for civil cases filed 10/4/22 to include 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 17
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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| Filing 16 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 15 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 14 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 13 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 12 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
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Filing 11
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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| Motions Submitted: #10 Consent MOTION for Extension of Time To File Motion for CHAD FORRESTER Deadline to move for class certification until assigned by CMO to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Motions No Longer Submitted #10 Consent MOTION for Extension of Time To File Motion for CHAD FORRESTER Deadline to move for class certification to Judge Eagles (Winchester, Robin) |
| Motions Referred: RE: #10 Consent MOTION for Extension of Time To File Motion for CHAD FORRESTER Deadline to move for class certification until assigned by CMO, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) |
| Cases no longer referred to Standing Order 30. Associated Cases: 1:22-cv-00468-CCE-JLW, 1:22-cv-00503-CCE-JLW (Powell, Gloria) |
| TEXT ORDER granting #10 Motion for Extension of Plaintiff's Deadline to Move for Class Certification. For good cause shown, Plaintiff is granted relief from the ninety-day (90) deadline for filing for 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 9/30/2022.(Lee, Pedra) |
| Filing 10 Consent MOTION for Extension of Time To File Motion for CHAD FORRESTER Deadline to move for class certification until assigned by CMO by CHAD FORRESTER. (Attachments: #1 Text of Proposed Order)(HARRIS, SCOTT) |
| Case Reassigned to JUDGE CATHERINE C. EAGLES. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
| Filing 9 NOTICE of Special Appearance by attorney RAINA C BORRELLI on behalf of Plaintiff KIMBERLY FARLEY ( Filing fee $ 25 receipt number NCMDC-3375390.) Associated Cases: 1:22-cv-00468-UA-JLW, 1:22-cv-00503-UA-JLW(BORRELLI, RAINA) |
| Filing 8 Notice to Parties RE: SO30. (Attachments: #1 Consent Form). Response due 9/23/22(Winchester, Robin) |
| TEXT ORDER granting #7 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 08/09/2022.(Pender, Rachel) |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint by EYE CARE LEADERS HOLDINGS, LLC. (Attachments: #1 Text of Proposed Order proposed order extending time)(LEERBERG, MATTHEW) |
| Motions Referred: RE: #7 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 6 NOTICE of Attorney Appearance by attorney TROY D. SHELTON on behalf of Defendant EYE CARE LEADERS HOLDINGS, LLC (SHELTON, TROY) |
| Filing 5 NOTICE of Attorney Appearance by attorney MATTHEW NIS LEERBERG on behalf of Defendant EYE CARE LEADERS HOLDINGS, LLC (LEERBERG, MATTHEW) |
| Filing 4 SUMMONS Returned Executed by CHAD FORRESTER as to EYE CARE LEADERS HOLDINGS, LLC served on 7/7/2022, answer due 8/17/2022. Eye Care Leaders Holdings, LLC (HARRIS, SCOTT) |
| TEXT ORDER granting in part #3 Defendant's motion for extension of time to respond to Plaintiff's class action complaint. Upon motion of Defendant and for good cause shown, Defendant shall have up to and including August 17, 2022 to answer or otherwise respond to Plaintiff's class action complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 07/26/2022.(Pender, Rachel) |
| Answer updated for EYE CARE LEADERS HOLDINGS, LLC to 8/17/2022. (Sheets, Jamie) |
| Motions Referred: RE: #3 MOTION for Extension of Time to File Answer re #1 Complaint , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 3 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 2 Summons Issued as to EYE CARE LEADERS HOLDINGS, LLC. (Carter, Alexus) |
| Filing 1 COMPLAINT against EYE CARE LEADERS HOLDINGS, LLC ( Filing fee $ 402 receipt number ANCMDC-3331332.)(Related Case # 1:22-cv-00468), filed by Chad Forrester. (Attachments: #1 Civil Cover Sheet)(HARRIS, SCOTT) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOE L. WEBSTER. (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) |
| CASE REFERRED to Standing Order 30. (Carter, Alexus) |
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| Plaintiff: CHAD FORRESTER | |
| Represented By: | SCOTT C. HARRIS |
| Represented By: | GARY M. KLINGER |
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| Defendant: EYE CARE LEADERS HOLDINGS, LLC | |
| Represented By: | MATTHEW NIS LEERBERG |
| Represented By: | TROY D. SHELTON |
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