Banus v. Whole Foods Market Group, Inc.
| Patricia Banus |
| Whole Foods Market Group, Inc. |
| 1:2017cv02132 |
| October 10, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Lorain |
| James S Gwin |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2018. A more recent docket listing may be available from PACER.
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Filing 28
Stipulation & Order signed by Judge James S. Gwin on 2/26/18 approving the parties' stipulated dismissal. (Related Doc. #27 ) (D,MA)
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| Filing 27 Stipulated Notice of Dismissal Under FRCP 41(a)(1) with Prejudice filed by Patricia Banus. (Dann, Marc) |
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Filing 26
Opinion & Order signed by Judge James S. Gwin on 1/25/18 denying defendant's motion to stay or transfer this case for the reasons set forth in this order. (Related Doc. #12 ) (D,MA)
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| Filing 25 Attorney Appearance by Scott C. Holbrook filed by on behalf of Whole Foods Market Group, Inc.. (Holbrook, Scott) |
| Filing 24 Attorney Appearance by Dante A. Marinucci filed by on behalf of Whole Foods Market Group, Inc.. (Marinucci, Dante) |
| Filing 23 Notice of Intent to Serve Subpoena to NCR Corporation to Produce Documents, Electronically Stored Information, or Tangible Things in a Civil Action filed by Patricia Banus. (Attachments: #1 Subpoena)(Flick, Brian) |
| Filing 22 Reply in support of #12 Motion to Stay or Transfer Pursuant to First-to-File Rule filed by Whole Foods Market Group, Inc.. (Warren, Daniel) |
| Filing 21 Opposition to #12 Motion to Stay or Transfer Pursuant to First-to-File Rule filed by Patricia Banus. (Dann, Marc) |
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Filing 20
Order signed by Judge James S. Gwin on 1/5/18 that plaintiff shall identify experts by 3/12/18 and defendant shall identify experts by 3/26/18. (D,MA)
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Filing 19
Case Management Conference Plan/Order signed by Judge James S. Gwin on 1/5/18. Case is assigned to the standard track. Parties to be joined and pleadings amended by 1/24/18. Class certification discovery to be completed by 6/4/18. Dispositive motions to be filed by 6/25/18 with responses due 7/9/18 and replies due 7/16/18. Class certification motion to be filed by 7/11/18 with response due 7/25/18 and reply due 8/2/18. All discovery to be completed by 10/8/18. Status conference set for 3/9/18 at 9:00 a.m., and final pretrial conference set for 10/17/18 at 12:00 p.m., both in Chambers 18A. Jury trial is assigned on a two-week standby basis beginning 10/22/18 at 8:00 a.m., Courtroom 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 18 Minutes of case management conference before Judge James S. Gwin on 1/4/18. (Court Reporter: None; Time: 47 min.) (D,MA) |
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Filing 17
Marginal Entry Order signed by Judge James S. Gwin on 1/1/18 granting defendant's motion to permit John H. Hempfling, II, to attend as a client representative and to excuse the personal attendance of David Bigham. Counsel will be provided with the Court's teleconference information by email. (Related Doc. #14 ) (D,MA)
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Order [non-document] entered by Judge James S. Gwin on 1/1/18 granting plaintiff's motion for an extension of time until 1/11/18 to file a response to defendant's pending motion to stay or transfer. (Related Docs. #12 and #16 ) (D,MA)
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| Filing 16 Motion for extension of time until 01/11/2018 to file response/reply to #12 Motion to Stay or Transfer Pursuant to First-to-File Rule filed by Plaintiff Patricia Banus. Related document(s) #12 . (Flick, Brian) |
| Filing 15 Attorney Appearance by Thomas A. Zimmerman, Jr filed by on behalf of Patricia Banus. (Zimmerman, Thomas) |
| Filing 14 Motion for In-House Counsel John H. Hempfling II, Sr. to Attend January 4, 2018 Case Management Conference as Client Representative filed by Defendant Whole Foods Market Group, Inc. (Warren, Daniel) |
| Filing 13 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Patricia Banus. (Dann, Marc) |
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Order [non-document] entered by Judge James S. Gwin on 12/22/17 granting the motion to appear pro hac vice of Attorney Thomas A. Zimmerman, Jr., on behalf of plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc. #11 ) (D,MA)
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| Filing 12 Motion to Stay or Transfer Pursuant to First-to-File Rule filed by Defendant Whole Foods Market Group, Inc. (Attachments: #1 Brief in Support of Motion to Stay or Transfer Pursuant to First-to-File Rule, #2 Exhibit A - Cousino v. Whole Foods Market, Inc. - Initial Complaint, #3 Exhibit B - Cousino v. Whole Foods Market Inc., et al. - Amended Complaint)(Warren, Daniel) |
| Filing 11 Motion for attorney Thomas A. Zimmerman, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8473966, filed by Plaintiff Patricia Banus. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Zimmerman, Thomas) |
| Filing 10 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Patricia Banus. (Flick, Brian) |
| Filing 9 Attorney Appearance by Ann Yackshaw filed by on behalf of Whole Foods Market Group, Inc.. (Yackshaw, Ann) |
| Filing 8 Answer to #1 Complaint filed by Whole Foods Market Group, Inc.. (Warren, Daniel) |
| Filing 7 Corporate Disclosure Statement identifying Corporate Parent Amazon.com, Inc. for Whole Foods Market Group, Inc. filed by Whole Foods Market Group, Inc.. (Warren, Daniel) |
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Filing 6
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 10/30/17 setting a conference for 1/4/18 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
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| Filing 5 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 10/30/17. (D,MA) |
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Order [non-document] entered by Judge James S. Gwin on 10/30/17 granting defendant's unopposed motion for an extension of time until 12/1/17 to file an answer to the complaint. The Court requires the filing of an answer. (Related Doc. #4 ) (D,MA)
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| Filing 4 Unopposed Motion for extension of time until December 1, 2017 to answer or otherwise respond to the Complaint filed by Defendant Whole Foods Market Group, Inc.. (Warren, Daniel) |
| Filing 3 Return of Service by personal service executed upon Whole Foods Market Group, Inc. on 10/11/2017, filed on behalf of Patricia Banus (Flick, Brian) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Whole Foods Market Group, Inc.. (Attachments: #1 Magistrate Consent Form) (W,Jo) |
| Filing 1 Complaint with jury demand against Whole Foods Market Group, Inc.. Filing fee paid $ 400, Receipt number 0647-8360326.. Filed by Patricia Banus. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Flick, Brian) |
| Judge James S. Gwin assigned to case. (W,Jo) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (W,Jo) |
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