Laguardia v. Designer Brands Inc. et al

Justia Dockets & Filings Sixth Circuit Ohio Southern District Laguardia v. Designer Brands Inc. et al

Laguardia v. Designer Brands Inc. et al

Plaintiff:	Sophia Wingate, Lindsay Rucker, Nicole Austin and Eric Laguardia
Defendant:	DSW Shoe Warehouse, Inc. and Designer Brands Inc.
Case Number:	2:2020cv02311
Filed:	May 8, 2020
Court:	US District Court for the Southern District of Ohio
Presiding Judge:	Sarah D Morrison
Referring Judge:	Chelsey M Vascura
Nature of Suit:	Contract: Other
Cause of Action:	47 U.S.C. § 0227
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 8, 2020	Filing 39 Case transferred in from District of California Southern; Case Number 3:19-cv-01568. Original file electronic copy of transfer order and docket sheet received.
May 8, 2020	Judge Sarah D. Morrison and Magistrate Judge Chelsey M. Vascura added. (er)
May 7, 2020	Filing 38 Case transferred to District of Southern District of Ohio. Files transferred electronically to: District of Southern District of Ohio.200 W. Second Street, Room 712Dayton, Ohio 45402. Signed by Judge Jeffrey T. Miller on 5/7/2020. (Attachments: #1 Transfer Order) (sjt) [Transferred from California Southern on 5/8/2020.]
March 13, 2020	Filing 37 NOTICE of Supplemental Authority by Nicole Austin, Eric Laguardia, Lindsay Rucker, Sophia Wingate re #32 Response in Opposition to Motion, (Attachments: #1 Exhibit A - Mussat v. IQVIA, Inc. Opinion)(Tomasevic, Alex)Attorney Alex M Tomasevic added to party Nicole Austin(pty:pla), Attorney Alex M Tomasevic added to party Lindsay Rucker(pty:pla), Attorney Alex M Tomasevic added to party Sophia Wingate(pty:pla) (sjt). [Transferred from California Southern on 5/8/2020.]
March 6, 2020	Filing 36 NOTICE of Supplemental Authority In Support Of Defendants' Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction by DSW Shoe Warehouse, Inc., Designer Brands Inc. re #30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction (Attachments: #1 Exhibit A (Carpenter v Petsmart Order))(Stortz, Michael)(QC mailer sent re: supplemental document not filed as attachment)(sjt). [Transferred from California Southern on 5/8/2020.]
January 21, 2020	Filing 35 Minute Order by Judge Jeffrey T. Miller: Pursuant to Civil Local Rule 7.1.d.1, the court takes Defendants Motion to Transfer for Improper Venue Or, In the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction (Doc. No. #30 ) under submission and vacates the January 27, 2020 hearing. Order to follow in due course.(no document attached) (gac) [Transferred from California Southern on 5/8/2020.]
January 19, 2020	Filing 34 NOTICE of Appearance by Jeffrey Spencer on behalf of Nicole Austin (Spencer, Jeffrey)Attorney Jeffrey Spencer added to party Nicole Austin(pty:pla) (sjt). [Transferred from California Southern on 5/8/2020.]
January 17, 2020	Filing 33 REPLY to Response to Motion re #30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction filed by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Stortz, Michael) (sjt). [Transferred from California Southern on 5/8/2020.]
January 13, 2020	Filing 32 RESPONSE in Opposition re #30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction filed by Nicole Austin, Eric Laguardia, Lindsay Rucker, Sophia Wingate. (Attachments: #1 Proof of Service)(Tomasevic, Alex) (sjt). [Transferred from California Southern on 5/8/2020.]
January 2, 2020	Filing 31 NOTICE of Appearance by Jeffrey Wilens on behalf of Nicole Austin (Wilens, Jeffrey)Attorney Jeffrey Wilens added to party Nicole Austin(pty:pla) (sjt). [Transferred from California Southern on 5/8/2020.]
December 20, 2019	Filing 30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction, #2 Request for Judicial Notice, #3 Exhibit A to Request for Judicial Notice (Wingate & Rucker PACER Docket), #4 Exhibit B to Request for Judicial Notice (Wingate & Rucker Complaint), #5 Exhibit C to Request for Judicial Notice (Dargoltz PACER Docket), #6 Exhibit D to Request for Judicial Notice (Dargoltz Complaint), #7 Exhibit E to Request for Judicial Notice (Austin PACER Docket), #8 Exhibit F to Request for Judicial Notice (Austin Complaint), #9 Exhibit G to Request for Judicial Notice (In Re DSW TCPA Litigation))(Stortz, Michael) [Transferred from California Southern on 5/8/2020.]
November 26, 2019	Filing 29 ORDER ON JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFSAMENDED COMPLAINT re #27 Motion for Extension of Time to File. The deadline for Defendants Designer Brands, Inc. and DSW Shoe Warehouse, Inc. to answer or otherwise respond to the Amended Complaint is extended up to an including December 20, 2019. Signed by Judge Jeffrey T. Miller on 11/26/2019. (sjm) [Transferred from California Southern on 5/8/2020.]
November 26, 2019	Filing 28 ORDER ON MOTION TO STAY PROCEEDINGS PENDING MDL TRANSFER MOTION. MOTION to Stay Proceedings Pending MDL Transfer Motion by DSW Shoe Warehouse, Inc., Designer Brands Inc., #14 , is Denied Without Prejudice and as Moot. REQUEST FOR JUDICIAL NOTICE by DSW Shoe Warehouse, Inc., Designer Brands Inc., #15 , is Moot. Signed by Judge Jeffrey T. Miller on 11/26/2019. (sjm) [Transferred from California Southern on 5/8/2020.]
November 26, 2019	Filing 27 Joint MOTION for Extension of Time to File Response to Plaintiffs' First Amended Complaint by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Attachments: #1 Declaration)(Stortz, Michael) (sjm). [Transferred from California Southern on 5/8/2020.]
November 26, 2019	Filing 26 NOTICE of MDL Filing (MDL 2922), In Re: DSW Telephone Consumer Protection Act (TCPA) Litigation: United States Judicial Panel on Multidistrict Litigation's Order Deeming Motion Withdrawn and Vacating the December 5, 2019, Hearing Session Order. (jdt) [Transferred from California Southern on 5/8/2020.]
November 26, 2019	Filing 25 NOTICE of Appearance by Michael J Stortz on behalf of DSW Shoe Warehouse, Inc., Designer Brands Inc. (Attachments: #1 Proof of Service)(Stortz, Michael)Attorney Michael J Stortz added to party DSW Shoe Warehouse, Inc. (pty:dft), Attorney Michael J Stortz added to party Designer Brands Inc. (pty:dft) (sjm). [Transferred from California Southern on 5/8/2020.]
November 21, 2019	Filing 24 PRO HAC APPROVED: Manuel Santiago Hiraldo appearing for Plaintiffs Eric Laguardia, Sophia Wingate, Lindsay Rucker, Nicole Austin (no document attached) (jrd) [Transferred from California Southern on 5/8/2020.]
November 21, 2019	Filing 23 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13190611.) (Application to be reviewed by Clerk.) (Hiraldo, Manuel) [Transferred from California Southern on 5/8/2020.]
November 21, 2019	Filing 22 AMENDED COMPLAINT with Jury Demand (Class Action) against All Defendants, filed by Eric Laguardia, Sophia Wingate, Lindsay Rucker, Nicole Austin. (Attachments: #1 Proof of Service)New Summons Requested. (Nicholas, Craig) (sjm). [Transferred from California Southern on 5/8/2020.]
November 15, 2019	Filing 21 ORDER ON UNOPPOSED MOTION TO STRIKE PLAINTIFFS OPPOSITION TO DEFENDANTSMOTION AND REQUEST FOR LEAVE TO FILE A CORRECTED DOCUMENT re [ #19 MOTION to Strike Document (Unopposed) & Request for Leave to File Corrected Document Plaintiff shall file the amended version of his motion no later than November 22, 2019. Defendants shall have up to an including November 29, 2019 to file their reply. The hearing on the matter currently set for November 25, 2019 at 11:00 a.m. is, therefore, VACATED. Signed by Judge Jeffrey T. Miller on 11/15/2019. (sjm) (Additional attachment(s) added on 11/15/2019: #1 RESPONSE in Opposition) (sjm). [Transferred from California Southern on 5/8/2020.]
November 15, 2019	Filing 20 REPLY - Other re #14 MOTION to Stay Proceedings Pending MDL Transfer Motion filed by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Baker, Marshall) (sjm). [Transferred from California Southern on 5/8/2020.]
November 14, 2019	Filing 19 MOTION to Strike Document (Unopposed) & Request for Leave to File Corrected Document by Eric Laguardia. (Attachments: #1 Proof of Service)(Nicholas, Craig) (sjm). [Transferred from California Southern on 5/8/2020.]
November 12, 2019	Filing 18 * STRICKEN DOCUMENT PER ORDER #21 * RESPONSE in Opposition re #14 MOTION to Stay Proceedings Pending MDL Transfer Motion filed by Eric Laguardia. (Attachments: # 1 Proof of Service)(Nicholas, Craig) (mme). (Main Document 18 replaced on 11/15/2019) (sjm). [Transferred from California Southern on 5/8/2020.]
October 24, 2019	Filing 17 NOTICE of Partial Consent Regarding Defendant's Motion to Stay Proceedings by Eric Laguardia re #14 MOTION to Stay Proceedings Pending MDL Transfer Motion (Attachments: #1 Proof of Service)(Nicholas, Craig)Attorney Craig McKenzie Nicholas added to party Eric Laguardia(pty:pla) (sjm). [Transferred from California Southern on 5/8/2020.]
October 24, 2019	Filing 16 NOTICE of Change of Hearing on Motion #14 MOTION to Stay Proceedings Pending MDL Transfer Motion, #15 MOTION : Motion Hearing set for 11/18/2019 is vacated and continued to 11/25/2019 11:00 AM in Courtroom 5D before Judge Jeffrey T. Miller. (no document attached) (gac) [Transferred from California Southern on 5/8/2020.]
October 15, 2019	Filing 15 REQUEST FOR JUDICIAL NOTICE by DSW Shoe Warehouse, Inc., Designer Brands Inc. re #14 MOTION to Stay Proceedings Pending MDL Transfer Motion (Attachments: #1 Index to Exhibits, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proof of Service)(Baker, Marshall) Modified on 10/16/2019 to change event type (mme). [Transferred from California Southern on 5/8/2020.]
October 15, 2019	Filing 14 MOTION to Stay Proceedings Pending MDL Transfer Motion by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Baker, Marshall) (mme). [Transferred from California Southern on 5/8/2020.]
October 10, 2019	Filing 13 NOTICE OF RELATED CASE(S) by DSW Shoe Warehouse, Inc., Designer Brands Inc. of case(s) CAN 3:19-cv-05324, FLS 0:19-cv-62274, CAC 2:19-cv-08187 . (Baker, Marshall) (jdt). [Transferred from California Southern on 5/8/2020.]
October 1, 2019	Filing 12 NOTICE of Party With Financial Interest by DSW Shoe Warehouse, Inc., Designer Brands Inc. [Civil Local Rule 40.2]. Identifying Other Affiliate BlackRock, Inc. for Designer Brands Inc. ; Corporate Parent Designer Brands Inc. for DSW Shoe Warehouse, Inc.. (Baker, Marshall) (sjm). [Transferred from California Southern on 5/8/2020.]
October 1, 2019	Filing 11 Corporate Disclosure Statement by DSW Shoe Warehouse, Inc., Designer Brands Inc. identifying Other Affiliate BlackRock, Inc. for Designer Brands Inc. ; Corporate Parent Designer Brands Inc. for DSW Shoe Warehouse, Inc... (Baker, Marshall) (sjm). [Transferred from California Southern on 5/8/2020.]
September 20, 2019	Filing 10 ORDER Approving the Pro Hac Vice Application of Michael W. McTigue, Jr. (Re: ECF No. #7 Request to Appear Pro Hac Vice). Signed by Judge Jeffrey T. Miller on 9/20/2019.(jrd) [Transferred from California Southern on 5/8/2020.]
September 19, 2019	Filing 9 ORDER Approving the Pro Hac Vice Application of Meredith C. Slawe (Re: ECF No. #8 Request to Appear Pro Hac Vice). Signed by Judge Jeffrey T. Miller on 9/16/2019.(jrd) [Transferred from California Southern on 5/8/2020.]
September 9, 2019	Filing 8 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12916825.)(Application to be reviewed by Clerk.)(Slawe, Meredith)(jrd) [Transferred from California Southern on 5/8/2020.]
September 9, 2019	Filing 7 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12916696.)(Application to be reviewed by Clerk.)(McTigue, Michael)(jrd) [Transferred from California Southern on 5/8/2020.]
September 5, 2019	Filing 6 ORDER ON JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFSCOMPLAINT re #5 Motion for Extension of Time to File. The deadline for Defendants Designer Brands Inc. and DSW Shoe Warehouse, Inc. to answer or otherwise respond to the complaint is extended up to an including October 15, 2019. Signed by Judge Jeffrey T. Miller on 9/5/2019. (sjm) [Transferred from California Southern on 5/8/2020.]
September 4, 2019	Filing 5 Joint MOTION for Extension of Time to File Defendants Response to Plaintiff's Complaint by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Attachments: #1 Declaration of Marshall L. Baker in Support of Joint Motion to Extend Time for Defendants to Respond to Plaintiff's Complaint)(Baker, Marshall)Attorney Marshall Baker added to party DSW Shoe Warehouse, Inc. (pty:dft), Attorney Marshall Baker added to party Designer Brands Inc. (pty:dft) (sjm). [Transferred from California Southern on 5/8/2020.]
August 27, 2019	Filing 4 SUMMONS Returned Executed by Eric Laguardia. DSW Shoe Warehouse, Inc. served. (Tomasevic, Alex) (sjm). [Transferred from California Southern on 5/8/2020.]
August 23, 2019	Filing 3 SUMMONS Returned Executed by Eric Laguardia. Designer Brands Inc. served. (Tomasevic, Alex) (sjm). [Transferred from California Southern on 5/8/2020.]
August 21, 2019	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (als) [Transferred from California Southern on 5/8/2020.]
August 20, 2019	Filing 1 COMPLAINT with Jury Demand against DSW Shoe Warehouse, Inc., Designer Brands Inc. ( Filing fee $ 400 receipt number 0974-12851859.), filed by Eric Laguardia. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-01568-JM-BLM. Judge Jeffrey T. Miller and Magistrate Judge Barbara Lynn Major are assigned to the case. (Tomasevic, Alex)(als) (sjt). [Transferred from California Southern on 5/8/2020.]

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Search for this case: Laguardia v. Designer Brands Inc. et al
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Defendant: DSW Shoe Warehouse, Inc.
Represented By:	Marshall Baker
Represented By:	Michael W. McTigue, Jr
Represented By:	Michael J Stortz
Represented By:	Meredith Slawe
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Defendant: Designer Brands Inc.
Represented By:	Marshall Baker
Represented By:	Michael W. McTigue, Jr
Represented By:	Michael J Stortz
Represented By:	Meredith Slawe
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Plaintiff: Sophia Wingate
Represented By:	Manuel Santiago Hiraldo
Represented By:	Alex M Tomasevic
Represented By:	Craig McKenzie Nicholas
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Plaintiff: Lindsay Rucker
Represented By:	Manuel Santiago Hiraldo
Represented By:	Alex M Tomasevic
Represented By:	Craig McKenzie Nicholas
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Plaintiff: Nicole Austin
Represented By:	Jeffrey Wilens
Represented By:	Manuel Santiago Hiraldo
Represented By:	Alex M Tomasevic
Represented By:	Jeffrey Spencer
Represented By:	Craig McKenzie Nicholas
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Plaintiff: Eric Laguardia
Represented By:	Manuel Santiago Hiraldo
Represented By:	Alex M Tomasevic
Represented By:	Craig McKenzie Nicholas
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