Hawes et al v. Macy's, Inc. et al
Plaintiff: Amy Hill and Sara Hawes
Defendant: Macy's, Inc., Creative Textile Mills PVT. LTD., AQ Textiles LLC, John Doe Corporations, Macy's Retail Holdings, Inc. and Macy's West Stores, Inc.
Case Number: 1:2017cv00754
Filed: November 8, 2017
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: XX US, Outside State
Presiding Judge: Timothy S Black
Referring Judge: Douglas R Cole
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2023 Opinion or Order Filing 144 ORDER granting #143 Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement. Fairness Hearing set for 9/20/23 at 10:00 a.m. in Courtroom 805. Signed by Judge Douglas R. Cole on 5/1/23. (sct)
March 24, 2023 Opinion or Order Filing 143 Unopposed MOTION for Settlement Preliminary Approval by Plaintiffs Sara Hawes, Cassandra Chiaraluce, Jonathan Fontaine. (Attachments: #1 Plaintiffs Joint Declaration In Support Of Motion For Preliminary Approval Of Class Action Settlement, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Text of Proposed Order) (McShane, Michael)
March 9, 2023 Opinion or Order NOTATION ORDER: Pursuant to the request of the parties, the Court resets the deadline until 3/24/23 for Plaintiffs to file their motion for preliminary approval. This matter shall remain stayed until after the Court's ruling on that motion. SO ORDERED. Signed by Judge Douglas R. Cole on 3/9/23. (sct)
March 9, 2023 Opinion or Order Set/Reset Deadlines: Motion for Preliminary Approval due by 3/24/2023. (tla)
February 6, 2023 Opinion or Order NOTATION ORDER: Pursuant to the request of the parties, the Court resets the deadline until 3/10/23 for Plaintiffs to file their motion for preliminary approval. This matter shall remain stayed until after the Court's ruling on that motion. SO ORDERED. Signed by Judge Douglas R. Cole on 2/6/23. (sct)
January 10, 2023 Opinion or Order NOTATION ORDER: Pursuant to the request of the parties, the Court sets a deadline of 2/17/23 for Plaintiffs to file their motion for preliminary approval. This matter shall remain stayed until after the Court's ruling on that motion. SO ORDERED. Signed by Judge Douglas R. Cole on 1/10/23. (sct)
November 30, 2022 Opinion or Order NOTATION ORDER: Pursuant to advice from the parties that they reached an agreement-in-principle on the material terms of a class-wide settlement during their mediation, the Court continues the stay of this matter until 1/3/23. SO ORDERED. Signed by Judge Douglas R. Cole on 11/30/22. (sct)
October 17, 2022 Opinion or Order NOTATION ORDER: Pursuant to advice from the parties that the mediation has been moved to 11/8/22, the Court continues the stay of this matter until after the mediation. SO ORDERED. Signed by Judge Douglas R. Cole on 10/17/22. (sct)
September 21, 2022 Opinion or Order NOTATION ORDER directing plaintiffs to produce to opposing counsel, by no later than 5:00 pm on 9/28/22, a statement disclosing the gross amount of attorneys' fees, costs, and other expenses that plaintiffs have incurred to date in this matter, and for which they claim a right to seek recovery in the event they are successful in this matter. Compliance with this Order will not necessarily excuse plaintiffs' failure, if any, to have provided such an accounting in the manner specified in the Court's standing orders, but failure to comply with this Order will be a waiver of their right to seek any fees incurred to date in this matter. SO ORDERED. Signed by Judge Douglas R. Cole on 9/21/22. (sct)
August 26, 2022 Opinion or Order Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 8/26/22. Drew Legando, Brendan Thompson, and Charles Schaffer appeared for Plaintiffs; Andrew Rodenbough, Beth Bryan, and Jennifer Van Zant appeared for Defendants. The parties advised the Court that a continued mediation session is set for 9/30/22. The Court notified that parties that the stay will continue until after the mediation process is completed. The parties shall contact chambers to set up a follow up telephone status conference after completion. (sct)
August 8, 2022 Opinion or Order Filing 142 NOTICE of Appearance by Edward S. Jerse for Plaintiff Sara Hawes (Legando, Drew) Modified docket text on 8/8/2022 (eh).
August 1, 2022 Opinion or Order Filing 141 ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Judge Timothy S. Black no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 8/1/22. (jcw)
June 23, 2022 Opinion or Order Filing 140 USCA ORDER - Case has been on Appeal for Rule 23(f) petition on 2/4/22. The Sixth Circuit Court of Appeals case number is 22-0303. The Rule 23(f) petition is therefore DENIED. (Attachments: #1 Judgement) (pb)
April 13, 2022 Opinion or Order Notation Order: This civil case is before the Court on a joint status update from the parties. The parties state they will participate in mediation with a private mediator on June 29, 2022. Accordingly, by no later than 07/07/2022, the parties SHALL provide a status update by email (black_chambers@ohsd.uscourts.gov), copying the opposing party, to alert the Court on the outcome of mediation and, if mediation has failed, proposing mutually agreeable dates for a status conference. In the interim, the case remains STAYED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/13/2022. (rrs)
March 23, 2022 Opinion or Order Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 03/23/2022 at 3:00 p.m. Drew Legando, Edward Jerse, and Brendan Thompson appeared on behalf of Plaintiff; Beth Bryan and Jennifer Van Zant appeared on behalf of Defendant. The parties are currently discussing the possibility of mediation. The parties agree that they should only move forward with the class-notice process and the setting of a trial calendar if mediation does not take place or fails to result in a settlement. Accordingly, on or before April 13, 2022, the parties SHALL jointly email the Court (black_chambers@ohsd.uscourts.gov), copying the opposing party, to provide an update regarding mediation. With consent of the parties, the case is hereby STAYED until mediation is concluded or the Court is informed that mediation is not taking place. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/23/2022. (rrs)
March 17, 2022 Opinion or Order Notation Order: This case is set for a status conference by telephone on 03/23/2022 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the status conference, if possible, counsel shall confer regarding the possibility of mediation. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/17/2022. (rrs)
March 16, 2022 Opinion or Order Filing 139 ORDER granting in part and denying in part #117 Defendant's Motion for Summary Judgment. Signed by Judge Timothy S. Black on 3/16/2022. (rrs)
February 25, 2022 Opinion or Order Filing 138 NOTICE by Plaintiff Sara Hawes (Plaintiff's Notice of Change of Firm & Contact Information) (Cochran, Stuart)
January 22, 2022 Opinion or Order Filing 137 ORDER: 1) granting Plaintiff's Motion to Certify a Class (Doc. #84 ); 2) denying Defendant's Motion to Strike (Initial) Reports and Exclude Opinions of Proposed Experts Boedeker and Cormier (Docs. #91 & #92 ); 3) denying Plaintiff's Motions to Strike Reports and Exclude Opinions of Proposed Experts Iyer and Ghosh (Docs. #114 & #116 ); and 4) granting Defendant's Motion to Strike the Second Reports of Boedeker and Iyer (Docs. #120 & #121 ). Signed by Judge Timothy S. Black on 1/22/2022. (rrs)
December 22, 2021 Opinion or Order Filing 136 NOTICE by Plaintiff Sara Hawes re #91 MOTION to Strike Report and Exclude Opinions of Mr. Stefan Boedeker, #117 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: #1 Exhibit MacDougall v. American Honda Motor Co., Inc) (Legando, Drew)
December 9, 2021 Opinion or Order Filing 135 ORDER granting non-party AQ Textiles' Motion (Doc. #133 ) to Maintain Files Under Seal and granting the Parties' joint Motion to Vacate the Trial Calendar (Doc. #134 ). Signed by Judge Timothy S. Black on 12/9/2021. (rrs)
December 7, 2021 Opinion or Order Filing 134 Joint MOTION to Vacate Trial Deadlines by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
September 9, 2021 Opinion or Order Filing 133 MOTION to Maintain Documents Under Seal by Defendant AQ Textiles LLC. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
September 9, 2021 Opinion or Order Filing 132 NOTICE by Defendant Macy's West Stores, Inc. re #129 Order on Motion to File Document Under Seal (Joint Motion) Regarding Sealed Filings (Bryan, Beth)
September 9, 2021 Opinion or Order Filing 131 REPLY to Response to Motion re #117 MOTION for Summary Judgment filed by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit 1 - Excerpt from Cormier Deposition, #2 Exhibit 2 - Excerpt from Ciniglio Deposition, #3 Exhibit 3 - Excerpt from Swift Deposition, #4 Exhibit 4 - Excerpt from Queen Deposition) (Bryan, Beth)
September 8, 2021 Opinion or Order Filing 130 REPLY to Response to Motion re #121 MOTION to Strike the Second Report and Exclude Opinions of Mr. Stefan Boedeker, #120 MOTION to Strike the Second Report and Exclude Opinions of Mr. Sean Cormier filed by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
August 26, 2021 Opinion or Order Filing 129 ORDER temporarily granting Motion (Doc. #125 ) for Leave to File Under Seal and Remove Public Record Documents. Signed by Judge Timothy S. Black on 8/26/2021. (rrs)
August 25, 2021 Opinion or Order Filing 128 RESPONSE in Opposition re #121 MOTION to Strike the Second Report and Exclude Opinions of Mr. Stefan Boedeker, #120 MOTION to Strike the Second Report and Exclude Opinions of Mr. Sean Cormier filed by Plaintiff Sara Hawes. (Legando, Drew)
August 25, 2021 Opinion or Order Filing 127 REPLY to Response to Motion re #116 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Tushar Ghosh filed by Plaintiff Sara Hawes. (Legando, Drew)
August 25, 2021 Opinion or Order Filing 126 REPLY to Response to Motion re #114 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Sean Iyer filed by Plaintiff Sara Hawes. (Legando, Drew)
August 25, 2021 Opinion or Order Filing 125 MOTION to File Document Under Seal (Joint Motion) and Remove Documents From Public Record by Plaintiffs Sara Hawes, Amy Hill. (Legando, Drew)
August 23, 2021 Opinion or Order Filing 124 RESPONSE in Opposition re #117 MOTION for Summary Judgment filed by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Photos of Package, Label & Receipt, #2 Exhibit 2, Hawes Deposition, #3 Exhibit 3 *STRICKEN*,#4 Exhibit 4 *STRICKEN*, #5 Exhibit 5 *STRICKEN*, #6 Exhibit 6, Boedeker Deposition) (Legando, Drew).
August 11, 2021 Opinion or Order Filing 123 RESPONSE in Opposition re #116 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Tushar Ghosh filed by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit 1 - ASTM D3775-17e, #2 Exhibit 2 - U.S. Patent, #3 Exhibit 3 - Excerpt from the Deposition of Tushar Ghosh, Ph.D., #4 Exhibit 4 - U.S. International Trade Commission Notice) (Bryan, Beth)
August 11, 2021 Opinion or Order Filing 122 RESPONSE in Opposition re #114 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Sean Iyer filed by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit 1 - Conjoint Analysis in Litigation) (Bryan, Beth)
August 4, 2021 Opinion or Order Filing 121 MOTION to Strike the Second Report and Exclude Opinions of Mr. Stefan Boedeker by Defendant Macy's West Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Disclosure of experts) (Bryan, Beth)
August 4, 2021 Opinion or Order Filing 120 MOTION to Strike the Second Report and Exclude Opinions of Mr. Sean Cormier by Defendant Macy's West Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Disclosure of experts, #3 Exhibit 2 - Excerpt from deposition of Sean Cormier) (Bryan, Beth)
August 4, 2021 Opinion or Order Filing 119 REPLY to Response to Motion re #91 MOTION to Strike Report and Exclude Opinions of Mr. Stefan Boedeker filed by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit 1 - Gerber Report, #2 Exhibit 2 - Toyota Report) (Bryan, Beth)
August 4, 2021 Opinion or Order Filing 118 REPLY to Response to Motion re #92 MOTION to Strike Report and Exclude Opinions of Mr. Sean Cormier filed by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
July 30, 2021 Opinion or Order Filing 117 MOTION for Summary Judgment by Defendant Macy's West Stores, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Statement of Proposed Undisputed Facts, #3 Exhibit 2 - Excerpts from Deposition of Sara Hawes, #4 Exhibit 3 - Excerpts from Deposition of Danielle Swift, #5 Exhibit 4 - Supplemental Declaration of Sal Ciniglio, #6 Exhibit 5 - Excerpts from Deposition of Sean Cormier, #7 Exhibit 6 - Expert Report of E. Linwood Wright, III, #8 Exhibit 7 - Excerpts from Deposition of Lawrence Queen) (Bryan, Beth)
July 21, 2021 Opinion or Order Filing 116 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Tushar Ghosh by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Ghosh Deposition, #2 Exhibit 2, ASTM Standard, #3 Exhibit 3, Patent, #4 Exhibit 4, Cormier Deposition, #5 *STRICKEN* Exhibit 5, Cormier Report, #6 Exhibit 6, Ghosh Report) (Legando, Drew)
July 21, 2021 Opinion or Order Filing 115 RESPONSE in Opposition re #92 MOTION to Strike Report and Exclude Opinions of Mr. Sean Cormier filed by Plaintiff Sara Hawes. (Attachments: #1*STRICKEN* Exhibit 1, Cormier Rebuttal Report, #2 Exhibit 2, Cormier Deposition, #3 Exhibit 3, Ghosh Deposition) (Legando, Drew)
July 21, 2021 Opinion or Order Filing 114 MOTION to Strike Report & Exclude Opinions of Defendant's Proposed Expert Sean Iyer by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Boedeker Report, #2 Exhibit 2, Iyer Report, #3 Exhibit 3, Iyer Deposition, #4 *STRICKEN* Exhibit 4, Boedeker Rebuttal Report) (Legando, Drew)
July 21, 2021 Opinion or Order Filing 113 RESPONSE in Opposition re #91 MOTION to Strike Report and Exclude Opinions of Mr. Stefan Boedeker filed by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Boedeker Report, #2 *STRICKEN* Exhibit 2, Boedeker Rebuttal Report, #3 Exhibit 3, Iyer Deposition, #4 Exhibit 4, Lerman Decision, #5 Exhibit 5, Zheng-Lawson Decision) (Legando, Drew)
July 21, 2021 Opinion or Order Filing 112 REPLY to Response to Motion re #84 MOTION to Certify Class (Redacted Version) filed by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Hawes Deposition Excerpts) (Legando, Drew)
July 21, 2021 Opinion or Order Filing 111 STIPULATION on Numerosity by Plaintiff Sara Hawes. (Legando, Drew)
July 20, 2021 Opinion or Order Filing 110 ORDER temporarily granting #109 Motion to File Document Under Seal. Signed by Judge Timothy S. Black on 7/20/2021. (rrs)
July 20, 2021 Opinion or Order Filing 109 MOTION to File Document Under Seal (Temporary) by Plaintiff Sara Hawes. (Legando, Drew)
July 15, 2021 Opinion or Order Notation Order: This civil action is before the Court on Plaintiff's request, via court-filed notice (Doc. #107 ), to postpone referral of the case to a Magistrate Judge for mediation until after the Court resolves Plaintiff's class certification motion. (Doc. #84 ). The Court had been set, pursuant to a 5/24/2021 notation order, to refer this case to a Magistrate Judge for mediation by 7/15/2021. However, Plaintiff states mediation is unlikely to be effective until after class certification has been resolved. (Doc. #107 ). Defendant takes no position on postponing mediation but does give notice to the Court (Doc. #108 ) that it intends to file a summary judgment motion. Accordingly, Plaintiff's request is GRANTED (Doc. #107 ) to the following extent: the Court will not refer the case to a Magistrate Judge for mediation, if at all, until after the Court resolves the class certification motion and any dispositive motions filed by the 08/03/2021 deadline. (Fourth Amended Calendar Order, Doc. #106 ). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/15/2021. (rrs)
July 14, 2021 Opinion or Order Filing 108 NOTICE by Defendant Macy's West Stores, Inc. re #107 Notice (Other) Defendant's Notice Regarding Mediation and Response to Plaintiff's Request Regarding Mediation (Bryan, Beth)
July 9, 2021 Opinion or Order Filing 107 NOTICE by Plaintiff Sara Hawes Regarding Mediation and Request for the Court to Decide Class Certification Before Making Any Mediation Referral (Legando, Drew)
June 25, 2021 Opinion or Order Filing 106 **VACATED** FOURTH AMENDED CALENDAR ORDER. Signed by Judge Timothy S. Black on 6/25/2021. (rrs)
June 25, 2021 Opinion or Order Filing 105 Joint MOTION Extend Certain Deadlines Joint Motion to Extend Certain Deadlines by Defendant Macy's, Inc.. (Bryan, Beth)
June 25, 2021 Opinion or Order Notice of Correction re: #104 Joint MOTION extension of certain deadlines Joint Motion to Extend Certain Deadlines The filer contacted the Clerk's Office and indicated that the incorrect document was used when filing. This motion has been terminated and removed at the filer's request, the filer will re-file. (bjc)
June 25, 2021 Opinion or Order Notation Order: This civil action is before the Court on the parties' joint motion to extend certain calendar deadlines (Doc. #105 ). For good cause shown, that motion (Doc. #105 ) is GRANTED. The Third Amended Calendar Order (Doc. #102 ) is hereby VACATED. A new calendar order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/25/2021. (rrs)
June 24, 2021 Opinion or Order Filing 104 [FILED IN ERROR, PLEASE DISREGARD] Joint MOTION extension of certain deadlines Joint Motion to Extend Certain Deadlines by Defendant Macy's, Inc.. (Bryan, Beth) Modified Docket Text and Security on 6/25/2021 (bjc).
June 24, 2021 Opinion or Order NOTATION ORDER granting #103 Motion for Leave to Appear Pro Hac Vice of Michael A. McShane as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 6/24/2021. (eh)
June 22, 2021 Opinion or Order Filing 103 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8371349) of Michael A. McShane by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Legando, Drew)
May 26, 2021 Opinion or Order Filing 102 **VACATED**THIRD AMENDED CALENDAR ORDER. Signed by Judge Timothy S. Black on 5/26/2021. (rrs)
May 24, 2021 Opinion or Order Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 5/24/2021 at 2:30 p.m. Drew Legando and Ed Jerse appeared on behalf of Plaintiff; Beth Bryan and Jennifer Van Zant appeared on behalf of Defendant. Parties discussed: i) potential mediation; ii) the calendar for dispositive motions and trial; and iii) motions for leave to file under provisional seal and motions to maintain records under seal. (Doc. #85 , Doc. #98 and Doc. #99 ; and Doc. #101 ). Accordingly, 1) Plaintiff SHALL make a settlement demand by no later than 6/14/2021. Furthermore, if the parties do not notify the Court via chambers email (black_chambers@ohsd.uscourts.gov) that they have made their own arrangements with a private mediator by 7/15/2021, the Court will refer the case to a Magistrate Judge for mediation. 2) The calendar proposed by the parties by motion (Doc. #97 ) and previously granted by the Court remains in place (Doc. #97 ) except the Court hereby adds the following dates: Final Pretrial Conference 2/8/2022; Trial 2/15/2022 at 9:30 a.m. A calendar order will issue by separate entry. 3) All outstanding motions for leave to file records under seal and maintain records under seal are unopposed (Doc. #85 , Doc. #98 and Doc. #99 ; and Doc. #101 ). Accordingly, all those motions are GRANTED. (Doc. #85 , Doc. #98 and Doc. #99 ; and Doc. #101 ). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/24/2021. (rrs)
May 20, 2021 Opinion or Order Filing 101 Amended MOTION to Maintain Documents Under Seal re #98 MOTION to File Document Under Seal Motion to File Documents Under Provisional Seal Pursuant to the Stipulated Protective Order (Doc. 71) by Defendant AQ Textiles LLC. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
May 18, 2021 Opinion or Order Filing 100 NOTICE of Filing Declarations in Support of #87 Response in Opposition to #84 MOTION to Certify Class by Defendant Macy's West Stores, Inc. (Attachments: #1 Exhibit 1 - Declaration of Danielle Swift, #2 Exhibit 2 - Declaration of Sean Iyer, #3 Exhibit 3 - Declaration of Tushar Ghosh, #4 Exhibit 4 - Declaration of Amit Omprakash Agarwal, #5 Exhibit 5 - Declaration of Lawrence E. Queen, #6 Exhibit 6 - Declaration of Sal Ciniglio) (Bryan, Beth) Modified docket text and created link to motion on 5/19/2021 (eh). (Additional attachment(s) added on 5/20/2021: #9 Exhibit Declaration of Sal Ciniglio, #10 Exhibit Declaration of Lawrence Queen, #11 Exhibit Declaration of Amit Omprakash Agarwal) (rrs).
May 18, 2021 Opinion or Order Notation Order: This civil action is before the Court on the Defendant's motion to file documents under provisional seal (Doc. #98 ) pursuant to the protective order in this case (Doc. #71 ). In order to seal court records, a district court must set forth specific findings and conclusions which justify filing documents under seal. See Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th Cir. 2016). The Court cannot make such a finding at this time, thus the Court TEMPORARILY GRANTS Defendant leave to file the materials described in the motion (Doc. #98 ) under seal. See Local Rule 5.2.1. Pursuant to the protective order, any party seeking to maintain the seal will submit a written motion seeking to restrict public access on or before 6/1/2021. (See Doc. #71 , Section 8(d)). Any opposition to the motion shall be filed within 14 days. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/18/2021. (rrs)
May 17, 2021 Opinion or Order Filing 99 MOTION to Maintain Documents Under Seal relating to the Declarations of Amit Omprakash Agarwal, Lawrence Queen and Sal Ciniglio by Defendant AQ Textiles LLC. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
May 17, 2021 Opinion or Order Filing 98 MOTION to File Document Under Seal Motion to File Documents Under Provisional Seal Pursuant to the Stipulated Protective Order (Doc. 71) by Defendant Macy's West Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Bryan, Beth)
May 17, 2021 Opinion or Order Set/Reset Hearings (rrs)
May 17, 2021 Opinion or Order Notation Order. This civil action is before the court on Defendant's response in opposition (Doc. #87 ) to class certification and Defendant's declarations of Danielle Swift, Sean Iyer, and Tushar Ghosh (Docs. 88 - 90 ); declarations of Amit Omprakash Agarwal, Lawrence E. Queen and Sal Ciniglio (Docs. 93 - 95 ); and notice of filing materials under seal (Doc. 96 ). From a phone conversation with Defendant, the Court understands all these declarations (Docs. 88 - 90 , 93 - 95 ) are intended to support Defendant's response in opposition. (Doc. #87 ). But that is not clear from the face of the docket. Accordingly, because the Declarations of Danielle Swift, Sean Iyer and Tushar Ghosh (Docs. 88 - 90 ) do not properly relate back to a pleading, they are STRICKEN. (Docs 88 - 90 ). Because the Declarations of Amit Omprakash Agarwal, Lawrence E. Queen, and Sal Ciniglio (Docs. 93 - 95 ) do not properly relate back to a pleading, they are STRICKEN. (Docs. 93 - 95 ). Defendant's notice of filing materials under provisional seal (Doc. 96 ) is also STRICKEN because the documents it refers to are stricken. This notice to place materials under seal (Doc. 96 ) was also defective when filed because it was filed the day after the filings it purported to give notice of. Defendant SHALL either: 1) re-file a corrected response in opposition with all declarations included as attachments; or 2) re-file the declarations so that they clearly relate back to response in opposition. Defendant is further advised if it intends to place documents under seal it shall first file a notice to place materials under seal, pursuant to the parties' protective order (Doc. #71 ), after which the court may grant temporary leave to file the materials under seal. Because the defects noted above relate to form only, a corrected response in opposition or re-filed declarations that properly relate back to the existing response in opposition will be considered timely if filed by 5/21/2021. Signed by Judge Timothy S. Black on 5/17/2021. (rrs)
May 17, 2021 Opinion or Order Notation order: This civil action is before the Court on the parties' joint motion for a new proposed schedule and request for a status conference (Doc. #97 ). For good cause shown, the motion is GRANTED (Doc. #97 ). The second amended calendar order is VACATED. (Doc. #82 ). A new calendar order will issue by separate entry. The Court anticipates new final pre-trial conference and trial dates will be selected at the next status conference. This case is set for a status conference on May 24, 2021 at 2:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/14/2021. (rrs)
May 12, 2021 Opinion or Order Filing 97 MOTION Joint Proposed Schedule and Request for Status Conference re #82 Terminate Cincinnati Preliminary Pretrial Order Deadlines, by Plaintiffs Sara Hawes, Amy Hill. (Legando, Drew)
May 3, 2021 Opinion or Order Filing 92 MOTION to Strike Report and Exclude Opinions of Mr. Sean Cormier by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit A - Excerpts from the Deposition of Sean Cormier, #2 Exhibit B - Excerpts from the Deposition of Larry Queen) (Bryan, Beth)
May 3, 2021 Opinion or Order Filing 91 MOTION to Strike Report and Exclude Opinions of Mr. Stefan Boedeker by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Stefan Boedeker, #2 Exhibit 2 - Excerpt from Deposition of Sal Ciniglio, #3 Exhibit 3 - Excerpt from the Deposition of Sara Hawes) (Bryan, Beth)
May 3, 2021 Opinion or Order Filing 87 RESPONSE in Opposition re #84 MOTION to Certify Class (Redacted Version) filed by Defendant Macy's West Stores, Inc.. (Attachments: #1 Exhibit A - Excerpts from the Deposition of Sara Hawes, #2 Exhibit B - Excerpts from the Deposition of Danielle Swift, #3 Exhibit C - Excerpts from the Deposition of Sal Ciniglio, #4 Exhibit D - Standard Test Method, #5 Exhibit E - Excerpts from the Deposition of Larry Queen, #6 Exhibit F - Excerpts from the Deposition of Sean Cormier, #7 Exhibit G - Excerpt from the Deposition of Stefan Boedeker, #8 Exhibit H - Third-Party Subpoena to AQ Textiles, LLC, #9 Exhibit I - Macy's West Stores, Inc.'s Responses and Objections to Plaintiff's Discovery Requests) (Bryan, Beth)
February 15, 2021 Opinion or Order Filing 86 NOTICE by Defendant Macy's West Stores, Inc. regarding Sealed Filings (Bryan, Beth)
February 12, 2021 Opinion or Order Filing 85 MOTION to Maintain Portions of Document Under Seal by Defendant AQ Textiles LLC. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
February 1, 2021 Opinion or Order Filing 84 MOTION to Certify Class (Redacted Version) by Plaintiff Sara Hawes. (Attachments: #1 Exhibit 1, Cormier Report, #2 Exhibit 2, Swift Deposition, #3 Exhibit 3, Queen Deposition, #4 Exhibit 4, Boedeker Report, #5 Exhibit 5, Ciniglio Deposition, #6 Exhibit 6, Marketing Email, #7 Exhibit 7, Moore Letter, #8 Exhibit 8, Kolish Letter, #9 Exhibit 9, Kohm Letter, #10 Exhibit 10, Kleinschmidt Letter, #11 Exhibit 11, Hawes Deposition, #12 Exhibit 12, Somerset Packaging, #13 Exhibit 13, CLRA Notice, #14 Exhibit 14, Somerset Label, #15 Exhibit 15, Legando Declaration) (Legando, Drew) (Additional attachment(s) added on 2/2/2021: #16 Exhibit 1, #17 Exhibit 2, #18 Exhibit 3, #19 Exhibit 4, #20 Exhibit 5, #21 Exhibit 6, #22 Exhibit Motion unredacted version) (rrs).
February 1, 2021 Opinion or Order Filing 83 NOTICE by Plaintiff Sara Hawes re #71 Protective Order Notice of Filing Materials under Provisional Seal (Legando, Drew)
February 1, 2021 Opinion or Order Notation Order: This civil action is before the Court on the Plaintiff's notice of filing materials under provisional seal (Doc. #83 ) pursuant to the protective order in this case (Doc. #71 ). In order to seal court records, a district court must set forth specific findings and conclusions which justify filing documents under seal. See Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th Cir. 2016). The Court cannot make such a finding at this time, thus the Court TEMPORARILY GRANTS Plaintiff leave to file the materials in the notice (Doc. #83 ) under seal. See Local Rule 5.2.1. Pursuant to the protective order, any party seeking to maintain the seal will submit a written motion seeking to restrict public access on or before 2/15/2021. (See Doc. #71 , Section 8(d)). Any opposition to the motion shall be filed within 14 days. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/1/2021. (rrs)
October 20, 2020 Opinion or Order Filing 82 **VACATED** SECOND AMENDED CALENDAR ORDER. Signed by Judge Timothy S. Black on 10/20/2020. (rrs)
October 20, 2020 Opinion or Order Notation Order: This civil action is before the Court on the parties' joint motion to extend certain deadlines. (Doc. #81 ). For good cause shown, that motion (Doc. #81 ) is GRANTED. The Amended Calendar Order (Doc. #77 ) is hereby VACATED. The Second Amended Calendar Order will issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/20/2020. (rrs)
October 19, 2020 Opinion or Order Filing 81 Joint MOTION for Extension of Time New date requested 12/4/2020. to Extend Certain Deadlines by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
October 16, 2020 Opinion or Order NOTATION ORDER granting #79 First Motion for Leave to Appear Pro Hac Vice of Ling Y. Kuang; granting #80 Second Motion for Leave to Appear Pro Hac Vice of Kurt D. Kessler as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Timothy S. Black on 10/16/20. (eh)
October 14, 2020 Opinion or Order Filing 80 Second MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7705193) of Kurt D. Kessler by Plaintiff Sara Hawes. (Attachments: #1 Affidavit Proposed Order) (Legando, Drew) Modified Name of Attorney to Appear Pro Hac Vice on 10/14/2020 (bjc).
October 14, 2020 Opinion or Order Filing 79 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7705161) of Ling Y. Kuang by Plaintiff Sara Hawes. (Attachments: #1 Proposed Order) (Legando, Drew) Modified Name of Attorney to Appear Pro Hac Vice on 10/14/2020 (bjc).
July 15, 2020 Opinion or Order Filing 78 Corporate Disclosure Statement by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
May 11, 2020 Opinion or Order Minute Entry: This civil action came before the Court for a status conference by telephone on 5/11/2020 at 1:30 p.m. Drew Legando and Edward Jerse appeared on behalf of Plaintiff; Beth Bryan, Jennifer Van Zant, Andrew Rodenbough, and Ryan Fairchild appeared on behalf of Defendants. The parties have engaged in additional document production and are proceeding on schedule. Plaintiff's counsel indicated a possible interest in private mediation within the next 45 days, and Defense counsel agreed to communicate that interest to Defendants. (rrs)
March 31, 2020 Opinion or Order Filing 77 **VACATED**AMENDED CALENDAR ORDER. Signed by Judge Timothy S. Black on 3/31/2020. (rrs)
March 25, 2020 Opinion or Order Filing 76 STIPULATION of Dismissal of Claims Against Macy's Retail Holdings, Inc. by Plaintiff Sara Hawes. (Legando, Drew)
March 23, 2020 Opinion or Order Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 3/23/2020 at 1:30 p.m. Drew Legando, Brendan Thompson, and Edward Jerse appeared on behalf of Plaintiff; Beth Bryan, Jennifer Van Zant, Andrew Rodenbough, and Ryan Fairchild appeared on behalf of Defendants. The Court discussed several matters pertaining to discovery and the case calendar with the parties and ORDERED as follows: (1) Defendants shall provide to Plaintiff by 3/27/2020 a supplement to their previously produced spreadsheet, explaining in writing what information they are not able to produce; (2) Defendants shall provide to Plaintiff by 3/27/2020 outstanding discovery responses related to Plaintiff's October 2019 discovery requests with the exception of sales data, which shall be produced by no later than 4/23/2020; (3) the parties shall work to file a stipulation of dismissal of certain Defendant(s) following Plaintiff Amy Hill's stipulation of dismissal (Doc. #72 ) by 3/30/2020; if the parties are not able to reach an agreement, Defendants may proceed to file a motion for summary judgment, and the Court will consider sanctions if Plaintiff's opposition is not taken in good faith; (4) the parties shall jointly email Chambers (black_chambers@ohsd.uscourts.gov) by 3/30/2020 with proposed new deadlines pertaining to Plaintiff's motion for class certification and Defendants' response, including expert report(s)/designation(s) for class certification; and (5) the Court considers the discovery impasse concerning Defendants' request for Plaintiff's pre-suit testing results ripe for motions practice; based on the Court's prior guidance on this matter, the Court will consider sanctions if Defendants move to compel production of the test results and such motion is found to be meritless. A further status conference is set for 5/11/2020 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/23/2020. (rrs)
March 5, 2020 Opinion or Order Filing 75 NOTICE by Plaintiff Sara Hawes re Status Conference,,, Set Hearings,, Compliance with Order regarding Protocol & Production of Plaintiff's Sample (Legando, Drew)
February 25, 2020 Opinion or Order Minute Entry and Notation Order: This civil action came before the Court for a status conference by telephone on 2/25/2020 at 10:30 a.m. Drew Legando, Brendan Thompson, and Edward Jerse appeared on behalf of Plaintiff; Beth Bryan, Jennifer Van Zant, Andrew Rodenbough, and Ryan Fairchild appeared on behalf of Defendants. Plaintiff shall provide Defendants with a testing protocol by 2/28/2020 and shall produce fabric for testing to Defendants by 3/5/2020. A further status conference is set for 3/23/2020 at 1:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/25/2020. (rrs)
February 11, 2020 Opinion or Order Filing 74 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 2:20-cv-81 ARE related. Signed by Judges Edmund A. Sargus on 1/8/2020 and Timothy S. Black on 2/10/2020. (daf)
February 10, 2020 Opinion or Order Filing 73 ORDER - re #72 Stipulation of Dismissal filed by Amy Hill. Signed by Judge Timothy S. Black on 2/10/2020. (rrs)
February 8, 2020 Opinion or Order Filing 72 STIPULATION of Dismissal by Plaintiff Amy Hill. (Attachments: #1 Text of Proposed Order) (Legando, Drew)
January 30, 2020 Opinion or Order Notation Order: This civil action is before the Court regarding Attorney Jack Landskroner's motion to withdraw as counsel for the Plaintiffs. (Doc. #63 ). Attorney Landskroner indicates that co-counsel will continue to represent Plaintiffs. Accordingly, the motion to withdraw (Doc. #63 ) is GRANTED. The Clerk shall terminate Jack Landskroner as a counsel of record. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/30/2020. (rrs)
January 30, 2020 Opinion or Order Notation Order: This action is set for a status conference by telephone on 2/25/2020 at 10:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/30/2020. (rrs)
October 16, 2019 Opinion or Order Filing 71 STIPULATED PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 10/16/19. (rrs)
October 15, 2019 Opinion or Order Filing 70 Joint MOTION for Protective Order by Defendants Macy's Retail Holdings, Inc., Macy's West Stores, Inc.. (Attachments: #1 Proposed Stipulated Protective Order) (Bryan, Beth)
August 24, 2019 Opinion or Order Filing 69 ANSWER to #64 Amended Complaint filed by Macy's West Stores, Inc.. (Bryan, Beth)
August 24, 2019 Opinion or Order Filing 68 ANSWER to #64 Amended Complaint filed by Macy's Retail Holdings, Inc.. (Bryan, Beth)
August 16, 2019 Opinion or Order Filing 67 Corporate Disclosure Statement by Defendant Macy's Retail Holdings, Inc.. (Bryan, Beth)
August 16, 2019 Opinion or Order Filing 66 Corporate Disclosure Statement by Defendant Macy's West Stores, Inc.. (Bryan, Beth)
August 15, 2019 Opinion or Order Filing 65 NOTICE by Plaintiffs Sara Hawes, Amy Hill of Change of Firm Affiliation (Legando, Drew)
August 12, 2019 Opinion or Order Filing 64 AMENDED COMPLAINT against Macy's Retail Holdings, Inc., Macy's West Stores, Inc., filed by Sara Hawes, Amy Hill. (Attachments: #1 Exhibit CLRA Demand Letter) (Legando, Drew)
August 2, 2019 Opinion or Order Filing 63 MOTION to Withdraw as Attorney by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw) (Landskroner, Jack)
July 30, 2019 Opinion or Order Filing 62 ORDER granting #57 Motion to Strike Count Six of the Amended Class Action Complaint. Plaintiffs are granted leave to file a Third Amended Complaint with a CLRA claim expressly seeking injunctive relief only. Moreover, because the plaintiffs have named the wrong Macy's entity as the defendant, the Second Amended Complaint (Doc #55 ) is STRICKEN in entirety, and in the Third Amended Class Action Complaint, plaintiffs shall also name the proper defendant. Plaintiffs shall file their Third Amended Complaint within 30 days of entry of this Order. Signed by Judge Timothy S. Black on 7/30/2019. (ss)
July 29, 2019 Opinion or Order Filing 61 **VACATED**CALENDAR ORDER: Motions directed to the pleadings: August 29, 2019; Exchange of initial disclosures under Fed. R. Civ. P. 26(a)(1): September 16, 2019; Motions to amend the pleadings and/or add additional parties: September 16, 2019; Motion for class certification: May 4, 2020; Plaintiff expert report(s)/designation(s) for class cert: May 4, 2020; Rebuttal expert report(s)/designation(s) for class cert: June 30, 2020; Response to class certification motion, including Daubert challenges relevant to class certification: July 15, 2020; Reply in support of class certification and,response to Daubert challenges relevant to class certification: August 17, 2020; Plaintiff expert report(s)/designation(s) for trial: October 2, 2020; Fact discovery deadline: October 30, 2020; Dispositive motion deadline: November 29, 2020; Defendant expert report(s)/designation(s) for trial: December 2, 2020; Expert discovery deadline: January 15, 2021; Responses to dispositive motions: 24 days after dispositive motions filed; Replies in support of dispositive motions: 17 days after responses to dispositive motions filed; Disclosure of lay witnesses: March 26, 2021; Final pretrial conference in Cincinnati Chambers, Room 815: April or May 2021; Jury Trial in Cincinnati, Room 805: April or May 2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/29/2019. (ss)
July 29, 2019 Opinion or Order MinuteEntry and Notation Order: This civil action came before the Court for aPreliminaryPretrialConference by telephone on 7/29/2019 at 10:00 a.m. Drew Legando and Brendan Thompson appeared on behalf of Plaintiffs; Beth Bryan and Jennifer Van Zant appeared on behalf of Defendant. A Calendar Order will issue by separate entry. Counsel shall jointly propose two dates for commencement of trial in April or May 2021, and indicate how many days of trial proposed, via email to Chambers (black_chambers@ohsd.uscourts.gov) by 8/2/2019. IT IS SO ORDERED. (ss)
July 22, 2019 Opinion or Order Filing 60 RULE 26(f) REPORT by Defendant Macy's, Inc.. (Bryan, Beth)
July 10, 2019 Opinion or Order Filing 59 REPLY to Response to Motion re #57 MOTION to Strike #55 Amended Complaint (Count Six) filed by Defendant Macy's, Inc.. (Bryan, Beth)
June 28, 2019 Opinion or Order Filing 58 RESPONSE in Opposition re #57 MOTION to Strike #55 Amended Complaint (Count Six) filed by Plaintiffs Sara Hawes, Amy Hill. (Legando, Drew)
June 27, 2019 Opinion or Order Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 7/29/2019 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 6/27/19. (rrs)
June 26, 2019 Opinion or Order Filing 57 MOTION to Strike #55 Amended Complaint (Count Six) by Defendant Macy's, Inc.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Bryan, Beth)
June 26, 2019 Opinion or Order Filing 56 ANSWER to #55 Amended Complaint filed by Macy's, Inc.. (Bryan, Beth)
June 12, 2019 Opinion or Order Filing 55 AMENDED COMPLAINT against All Defendants, filed by Sara Hawes, Amy Hill. (Attachments: #1 Exhibit May 8, 2019 Letter) (Legando, Drew)
April 29, 2019 Opinion or Order Filing 54 ORDER granting in part and denying in part Plaintiffs' #46 Motion for Leave to Amend the Complaint. Signed by Judge Timothy S. Black on 4/22/19. (rrs)
April 4, 2019 Opinion or Order Filing 53 ORDER denying Defendant Macy's #43 Motion for certification to file interlocutory appeal and request to stay proceedings. Signed by Judge Timothy S. Black on 4/4/19. (rrs)
November 20, 2018 Opinion or Order Filing 52 REPLY to Response to Motion re #46 MOTION for Leave to File Amended Complaint filed by Plaintiffs Sara Hawes, Amy Hill. (Landskroner, Jack)
November 19, 2018 Opinion or Order Filing 51 REPLY to Response to Motion re #43 MOTION for Certification to File Interlocutory Appeal and Stay Proceedings filed by Defendant Macy's, Inc.. (Bryan, Beth)
November 9, 2018 Opinion or Order Notation Order: This civil action is before the Court regarding Plaintiff' notice of withdrawal of their amended complaint (Doc. 44) and Defendant's motion to strike that amended complaint as untimely. (Doc. 48). Because Plaintiffs have withdrawn their amended complaint that was filed without seeking leave to amend, Defendant's motion to strike that amended complaint (Doc. 48) is DENIED as moot. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
November 8, 2018 Opinion or Order Filing 50 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Sara Hawes, Amy Hill re #44 Amended Complaint, and Mootness of Defendant's Motion to Strike #48 (Landskroner, Jack)
November 6, 2018 Opinion or Order Filing 49 RESPONSE in Opposition re #46 MOTION for Leave to File Amended Complaint filed by Defendant Macy's, Inc.. (Bryan, Beth)
November 6, 2018 Opinion or Order Filing 48 MOTION to Strike #44 Amended Complaint, by Defendant Macy's, Inc.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Bryan, Beth)
November 5, 2018 Opinion or Order Filing 47 RESPONSE in Opposition re #43 MOTION for Certification to File Interlocutory Appeal and Stay Proceedings filed by Plaintiffs Sara Hawes, Amy Hill. (Landskroner, Jack)
October 29, 2018 Opinion or Order Filing 46 MOTION for Leave to File Amended Complaint by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Exhibit Proposed Amended Complaint with Exhibits) (Landskroner, Jack)
October 24, 2018 Opinion or Order Filing 45 ANSWER to #1 Complaint, filed by Macy's, Inc.. (Bryan, Beth)
October 23, 2018 Opinion or Order Filing 44 AMENDED COMPLAINT against All Defendants, filed by Sara Hawes, Amy Hill. (Attachments: #1 Exhibit Hawes Label Image, #2 Exhibit FTC Letter, #3 Exhibit ATMI Letter, #4 Exhibit FTC Letter, #5 Exhibit Hawes Letter, #6 Exhibit Hill Letter) (Landskroner, Jack)
October 16, 2018 Opinion or Order Filing 43 MOTION for Certification to File Interlocutory Appeal and Stay Proceedings by Defendant Macy's, Inc.. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
October 16, 2018 Opinion or Order Filing 42 NOTICE of Appearance by Aaron Mark Herzig for Defendant Macy's, Inc. (Herzig, Aaron)
October 11, 2018 Opinion or Order Notation Order: This civil action is before the Court upon Defendant Macy's Inc.'s unopposed motion for extension of time to move, answer, or otherwise plead. (Doc. 41). For good cause shown, that motion (Doc. 41) is GRANTED. Defendant Macy's Inc. shall file move, answer, or otherwise plead on or before 10/24/2018. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
October 10, 2018 Opinion or Order Filing 41 Unopposed MOTION for Extension of Time to File Answer New date requested 10/24/2018. by Defendant Macy's, Inc.. (Attachments: #1 Text of Proposed Order) (Bryan, Beth)
October 9, 2018 Opinion or Order Filing 40 SUMMONS Returned Executed as to Defendant Creative Textile Mills PVT. LTD.. Creative Textile Mills PVT. LTD. served on 5/5/2018, answer due 5/29/2018. (Landskroner, Jack)
September 28, 2018 Opinion or Order Filing 39 ORDER granting in part and denying in part #17 Defendant Macy's Motion to Dismiss. Defendants motion to dismiss for lack of standing as to products not actually purchased by Plaintiffs is DENIED; Defendants motion to dismiss Counts I and VIII is GRANTED, and those claims are DISMISSED with prejudice; Defendants motion to dismiss Counts VII and IX is GRANTED, and those claims are DIMISSED without prejudice; and Defendants motion to dismiss Counts II, III, IV, V, VI, X is DENIED, and those claims shall proceed. Signed by Judge Timothy S. Black on 9/28/2018. (ss)
September 28, 2018 Opinion or Order Filing 38 ORDER that #16 MOTION to Dismiss filed by AQ Textiles LLC is GRANED and claims against it are DISMISSED without prejudice. Signed by Judge Timothy S. Black on 9/28/2018. (ss)
August 22, 2018 Opinion or Order Notation Order: This civil action is before the Court on Plaintiffs' motion to extend time for service of process to effectuate proper service on Defendant Creative Textile Mills PVT. LTD. For good cause shown, that motion (Doc. #8 ) is GRANTED. Plaintiffs shall have until 11/24/2018 to effectuate proper service on Defendant Creative Textile Mills PVT. LTD. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/22/18. (jlm)
May 24, 2018 Opinion or Order Filing 37 NOTICE by Defendants AQ Textiles LLC, Macy's, Inc. of Withdrawal of Counsel (Nalbandian, John)
April 30, 2018 Opinion or Order Filing 36 Response re #35 Notice (Other), to Notice and Submission of Supplemental Authority by Defendants AQ Textiles LLC, Macy's, Inc.. (Bryan, Beth)
April 16, 2018 Opinion or Order Filing 35 NOTICE and Submission of Supplemental Authority Relevant to Defendant's Motion to Dismiss by Plaintiffs Sara Hawes, Amy Hill re #16 MOTION to Dismiss , #17 MOTION to Dismiss (Attachments: #1 Exhibit 1 - Cree Decisoin) (Landskroner, Jack) Modified docket text on 4/17/2018 (eh).
March 26, 2018 Opinion or Order Filing 34 REPLY to Response to Motion re #17 MOTION to Dismiss filed by Defendant Macy's, Inc.. (Bryan, Beth)
March 26, 2018 Opinion or Order Filing 33 REPLY to Response to Motion re #16 MOTION to Dismiss filed by Defendant AQ Textiles LLC. (Bryan, Beth)
March 26, 2018 Opinion or Order Notice of Correction re #31 Reply (non motion) and #32 Reply (non motion): Documents were filed using the incorrect event. Counsel to refile using the correct event. (sct)
March 23, 2018 Opinion or Order Filing 32 [FILED IN ERROR] Reply re #17 MOTION to Dismiss by Defendant Macy's, Inc.. (Bryan, Beth) Modified docket text on 3/26/2018 (sct).
March 23, 2018 Opinion or Order Filing 31 [FILED IN ERROR] Reply re #16 MOTION to Dismiss by Defendant AQ Textiles LLC. (Bryan, Beth) Modified docket text on 3/26/2018 (sct).
March 23, 2018 Opinion or Order Filing 30 ORDER granting #29 Motion for Leave to Appear Pro Hac Vice of David L. Black. Signed by Judge Timothy S. Black on 3/22/18. (jlm)
March 16, 2018 Opinion or Order Filing 29 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6360743) of David L. Black by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order) (Landskroner, Jack)
March 12, 2018 Opinion or Order Filing 28 ORDER granting #24 Motion for Leave to Appear Pro Hac Vice of Brendan S. Thompson. Signed by Judge Timothy S. Black on 3/12/18. (jlm)
March 12, 2018 Opinion or Order Filing 27 ORDER granting #23 Motion for Leave to Appear Pro Hac Vice of Stuart Cochran. Signed by Judge Timothy S. Black on 3/9/18. (jlm)
March 9, 2018 Opinion or Order Filing 26 RESPONSE in Opposition re #16 MOTION to Dismiss filed by Plaintiffs Sara Hawes, Amy Hill. (Landskroner, Jack)
March 9, 2018 Opinion or Order Filing 25 RESPONSE in Opposition re #17 MOTION to Dismiss filed by Plaintiffs Sara Hawes, Amy Hill. (Landskroner, Jack)
March 8, 2018 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6349454) of Brendan S. Thompson by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Landskroner, Jack)
March 7, 2018 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6347070) of Stuart Cochran by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Landskroner, Jack)
January 18, 2018 Opinion or Order Filing 22 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Charles Schaffer. Signed by Judge Timothy S. Black on 1/18/18. (jlm)
January 17, 2018 Opinion or Order Filing 21 NOTICE by Plaintiffs Sara Hawes, Amy Hill re #7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6222211) of Charles Schaffer (Attachments: #1 Exhibit Certificate of Good Standing) (Landskroner, Jack)
January 10, 2018 Opinion or Order Filing 20 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of Reid L. Phillips, Jennifer K. Van Zant, Andrew L. Rodenbough, Ryan C. Fairchild. Signed by Judge Timothy S. Black on 1/10/18. (jlm)
January 9, 2018 Opinion or Order Notation Order: This civil action is before the Court regarding Plaintiffs' unopposed motion for extension of time to respond to Defendants' motions to dismiss. (Doc. #19 ). For good cause shown, that motion (Doc. #19 ) is GRANTED. Plaintiffs shall respond to the pending motions to dismiss on or before 3/9/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/9/18. (jlm)
January 9, 2018 Opinion or Order Set/Reset Deadlines as to #17 MOTION to Dismiss , #16 MOTION to Dismiss . Responses due by 3/9/2018 (jlm)
January 8, 2018 Opinion or Order Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Dismiss , #17 MOTION to Dismiss New date requested 3/9/2018. UNOPPOSED MOTION FOR FORTY FIVE-DAY EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Text of Proposed Order Proposed Order) (Landskroner, Jack)
January 4, 2018 Opinion or Order Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $800 paid, receipt number 0648-6263941) of Reid L. Phillips, Jennifer K. Van Zant, Andrew L. Rodenbough and Ryan C. Fairchild by Defendants AQ Textiles LLC, Macy's, Inc.. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order) (Bryan, Beth)
January 2, 2018 Opinion or Order Filing 17 MOTION to Dismiss by Defendant Macy's, Inc.. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
January 2, 2018 Opinion or Order Filing 16 MOTION to Dismiss by Defendant AQ Textiles LLC. (Attachments: #1 Memorandum in Support) (Bryan, Beth)
January 2, 2018 Opinion or Order Filing 15 Corporate Disclosure Statement by Defendant Macy's, Inc.. (Bryan, Beth)
January 2, 2018 Opinion or Order Filing 14 Corporate Disclosure Statement by Defendant AQ Textiles LLC. (Bryan, Beth)
December 11, 2017 Opinion or Order Filing 13 Summons Reissued as to Defendant Creative Textile Mills PVT. LTD. (eh)
December 11, 2017 Opinion or Order Reset Deadlines: AQ Textiles LLC answer due 1/4/2017 (per doc. #9 ); Macy's, Inc. answer due 1/2/2017 (per doc. #10 ). (eh)
December 8, 2017 Opinion or Order Filing 12 NOTICE of Appearance by John B Nalbandian for Defendants AQ Textiles LLC, Macy's, Inc. (Nalbandian, John)
December 8, 2017 Opinion or Order Filing 11 NOTICE of Appearance by Beth A. Bryan for Defendants AQ Textiles LLC, Macy's, Inc. (Bryan, Beth)
December 8, 2017 Opinion or Order Filing 10 STIPULATION FOR EXTENSION OF TIME TO MOVE OR PLEAD PURSUANT TO S.D. OHIO CIV.R. 6.1 by Defendant Macy's, Inc.. (Bryan, Beth)
December 8, 2017 Opinion or Order Filing 9 STIPULATION FOR EXTENSION OF TIME TO MOVE OR PLEAD PURSUANT TO S.D. OHIO CIV.R. 6.1 by Defendant AQ Textiles LLC. (Bryan, Beth)
December 4, 2017 Opinion or Order Filing 8 MOTION for Extension of Time New date requested 11/8/2018. Motion to extend time for service of process to effectuate proper service on Defendant, Creative Textile Mills PVT. LTD by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Text of Proposed Order Proposed Order) (Landskroner, Jack)
November 29, 2017 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6222211) of Charles Schaffer by Plaintiffs Sara Hawes, Amy Hill. (Attachments: #1 Affidavit Affidavit of Charles Schaffer) (Landskroner, Jack)
November 27, 2017 Opinion or Order Filing 6 SUMMONS Returned Executed as to Defendants AQ Textiles LLC, Macy's, Inc.. AQ Textiles LLC served on 11/22/2017, answer due 12/13/2017. (eh)
November 22, 2017 Opinion or Order Filing 5 SUMMONS Returned Executed as to Defendant Macy's, Inc. served on 11/20/2017, answer due 12/11/2017. (eh)
November 16, 2017 Opinion or Order Filing 4 Clerk's CERTIFICATE of Mailing re #1 COMPLAINT and #3 Summons Issued. (eh)
November 13, 2017 Opinion or Order Filing 3 Summons Issued as to AQ Textiles LLC, Creative Textile Mills PVT. LTD., Macy's, Inc.. (bjc)
November 9, 2017 Opinion or Order Filing 2 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form, #2 Summons Form, #3 Summons Form, #4 Summons Form) (Landskroner, Jack)
November 9, 2017 Opinion or Order If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
November 8, 2017 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6199287), filed by Sara Hawes, Amy Hill. (Landskroner, Jack) (Additional attachment(s) added on 11/9/2017: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (eh). Modified to correct pdf on 11/9/2017 (eh).

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Search for this case: Hawes et al v. Macy's, Inc. et al
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Defendant: Macy's, Inc.
Represented By: Andrew L. Rodenbough
Represented By: Beth A. Bryan
Represented By: Jennifer K. Van Zant
Represented By: John B Nalbandian
Represented By: Reid L. Phillips
Represented By: Ryan C. Fairchild
Represented By: Aaron Mark Herzig
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Defendant: Creative Textile Mills PVT. LTD.
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Defendant: AQ Textiles LLC
Represented By: Beth A. Bryan
Represented By: John B Nalbandian
Represented By: Andrew L. Rodenbough
Represented By: Jennifer K. Van Zant
Represented By: Reid L. Phillips
Represented By: Ryan C. Fairchild
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Defendant: John Doe Corporations
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Defendant: Macy's Retail Holdings, Inc.
Represented By: Beth A. Bryan
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Defendant: Macy's West Stores, Inc.
Represented By: Beth A. Bryan
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Plaintiff: Amy Hill
Represented By: Jack Landskroner
Represented By: Charles E Schaffer
Represented By: Drew T. Legando
Represented By: Brendan S. Thompson
Represented By: David L. Black
Represented By: Stuart L. Cochran
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Plaintiff: Sara Hawes
Represented By: Jack Landskroner
Represented By: Drew T. Legando
Represented By: Edward S. Jerse
Represented By: Brendan S. Thompson
Represented By: Charles E Schaffer
Represented By: David L. Black
Represented By: Kurt D. Kessler
Represented By: Ling Y. Kuang
Represented By: Michael A. McShane
Represented By: Stuart L. Cochran
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