VONBERGEN v. BPS DIRECT, LLC
| BRITTANY VONBERGEN |
| BPS DIRECT, LLC |
| 2:2022cv04709 |
| November 23, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| KELLEY BRISBON HODGE |
| MARK A KEARNEY |
| JOHN R PADOVA |
| Other Statutes: Other Statutory Actions |
| 18 U.S.C. § 2511 Wiretapping |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER THAT PLAINTIFFS' MOTION TO COMPEL IS GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL CONFER CONSISTENT WITH OUR 7/26/23 ORDER SO AS TO ALLOW PLAINTIFFS TO SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING FIVE PAGES FILED NO LATER THAN 11/28/23. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/17/23. 11/20/23 ENTERED AND COPIES E-MAILED. (mbh). (SEE 23md3074; DOC #81)
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| Filing 29 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY by Telephone. Motion Hearing held on 11/17/23. Court Reporter: Kim Haley. (mbh) |
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Filing 28
ORDER THAT WE WILL HOLD A TELEPHONE CONFERENCE ON PLAINTIFFS' MOTION TO COMPEL ON 11/17/23 AT 8:30 AM FOR NO MORE THAN THIRTY MINUTES OVER THE COURT'S CONFERENCE LINE. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/15/23. 11/15/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 27
ORDER THAT WE GRANT LEAD COUNSEL FOR THE MDL PLAINTIFFS AND DEFENDANT'S COUNSEL LEAVE TO FILE SUPPLEMENTAL MEMORANDA ADVISING AS TO COUNSEL'S AVAILABILITY FOR A CONTINUED VIRTUAL ORAL ARGUMENT ON NOVEMBER 14 OR 15 IF WE FIND IT NECESSARY AND ADDRESSING THE ISSUES BELOW NO LATER THAN 11/2/23. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/26/23. 10/26/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 26 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Video Oral Argument held on 10/25/23. Court Reporter: Lynn Gligor. (mbh) |
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Filing 25
ORDER THAT COUNSEL SHALL BE PREPARED TO ADDRESS SPECIFIC QUESTIONS CONCERNING THE PENDING MOTIONS TO DISMISS ON 10/25/23 AT 3:30 PM OVER ZOOMGOV. WE WILL HOLD OUR SECOND STATUS CONFERENCE ON 12/21/23 AT 8:30 AM. ALL OTHER OBLIGATIONS IN OUR 7/26/23 ORDER (ECF NO. 52) REMAIN IN EFFECT BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/23/23. 10/23/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
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| Filing 24 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Telephone Status Conference held on 10/23/23. Court Reporter: Lynn Gligor. (mbh) |
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Filing 23
ORDER THAT LEAD COUNSEL SHALL ALSO BE PREPARED TO BRIEFLY ADDRESS SPECIFIC QUESTIONS WE MAY HAVE ARISING FROM THE MOTIONS TO DISMISS OR OTHERWISE ADVISE THEY AGREE UPON PRESENTING ORAL ARGUMENT NOT EXCEEDING NINETY MINUTES TO FULLY ADDRESS OUR QUESTIONS RAISED IN OUR STUDY OF THE THOROUGH MOTIONS TO DISMISS AND RESPONSES IN COURTROOM 6B OR OVER ZOOM IF PREFERRED. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/20/23. 10/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh) (SEE 23MD3074; DOC #64)
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Filing 22
ORDER THAT ALL COUNSEL SHALL BE PREPARED DURING THE COURTS FIRST STATUS TELEPHONIC CONFERENCE ON OCTOBER 23, 2023 (INCLUDING WHEN PREPARING AN AGENDA UNDER THE COURTS JULY 26, 2023 ORDER (ECF NO. 52)) TO ADDRESS THE MANNER IN WHICH THE COURT COULD COORDINATE THE TRANSFERRED IRVIN ACTION (ASSUMING ONE OR MORE CLAIMS SURVIVES THE PENDING MOTIONS TO DISMISS IN BOTH IRVIN AND IN THIS MDL) CONSISTENT WITH THE PARTIES AND COUNSELS OBLIGATIONS UNDER OUR JULY 26, 2023 ORDER (ECF NO. 52). DEFENDANTS COUNSEL SHALL SERVE THIS ORDER UPON ALL COUNSEL IN THE IRVIN ACTION NO LATER THAN OCTOBER 11, 2023 AND FILE A CERTIFICATE OF SERVICE CONFIRMING COMPLIANCE BY NO LATER THAN OCTOBER 12, 2023. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/10/23. 10/10/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(amas)
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| Filing 21 CASE MANAGEMENT ORDER NO. 1 THAT THE PARTIES SHALL PROCEED CONSISTENT WITH FRCP 1 TO COMPLETE ALL PRETRIAL MATTERS CONSISTENT WITH THR JUDICIAL PANEL ON MULTIDISTRICT LITIGATION'S ORDER CENTRALIZING PRETRIAL MATTERS BEFORE US, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/26/23. 7/26/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE 23MD3074; DOC #52) (mbh) |
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Filing 20
ORDER THAT DEFEDANTS' MOTIONS TO DISMISS ARE DENIED AS WITHDRAWN WITHOUT PREJUDICE TO MOVE IN RESPONSE TO THE CONSOLIDATED COMPLAINT. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/23. 7/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh) (SEE 23md3074;DOC #51)
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Filing 19
ORDER THAT A PARTY'S DISCLOSURE IN THIS LITIGATION OF A COMMUNICATION OR INFORMATION COVERED BY THE ATTORNEY CLIENT PRIVILEGE OR ENTITLED TO WORK-PRODUCT PROTECTION DOES NOT CONSTITUTE A WAIVER OF SUCH PRIVILEGE OR PROTECTION EITHER IN THIS LITIGATION OR IN ANY OTHER FEDERAL OR STATE PROCEEDING. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/23. 7/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (mbh) (SEE 23md3074; DOC #50)
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| Filing 18 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEYin Courtroom 6B. Rule 16 Conference held on 7/25/23. Court Reporter: ESR. (mbh) |
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Filing 17
ORDER THAT AN INITIAL PRETRIAL CONFERENCE WILL BE HELD ON 7/25/23, AT 1:30 PM, IN COURTROOM 6B. PLAINTIFFS ARE GRANTED LEAVE TO FILE A CONSOLIDATED COMPLAINT BY NO LATER THAN 8/14/23. DEFENDANT MAY FILE AN ANSWER DUE BY 8/28/23, OR A RESPONSIVE MOTION BY 9/5/23. FURTHER INFORMATION OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/12/23. 7/12/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (SEE 23-MD-3074, PAPER NO. 46).(amas)
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Filing 16
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE IS GRANTED AND JOSEPH H. KANEE, ESQUIRE IS ADMITTED TO PRACTICE IN THIS CASE IN THIS COURT UNDER LOCAL RULE 83.5.2(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/23. 7/6/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 15
ORDER THAT THE CLERK OF COURT SHALL TERMINATE THE PRESENT REPRESENTATION IN THIS DISTRICT OF AN ATTORNEY WHO HAS NOT BEFORE NOON ON 7/6/23, MOVED FOR ADMISSION CONSISTENT WITH OUR 6/20/23 ORDER. COUNSEL FOR BRIAN CALVERT AND HEATHER CORNELL SHALL ON OR BEFORE 7/6/23 FILE A NOTICE EITHER WITHDRAWING OR SHOWING CAUSE IN MEMORANDA NOT EXCEEDING 3 PAGES AS TO WHY WE SHOULD NOT DENY MOTIONS TO SAY. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/5/23. 7/5/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 14
ORDER THAT NONCOMPLIANT MOTION OF JOSEPH H. KANEE, ESQUIRE FOR ADMISSION PRO HAC VICE IS DENIED WITHOUT PREJUDICE TO MOVE COMPLIANT WITH OUR POLICIES AND PROCEDURES (MAY 2023) SECTION I.(K). SIGNED BY HONORABLE MARK A. KEARNEY ON 7/5/23. 7/5/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 13
ORDER THAT DEFENDANTS' MOTION TO TRANSFER AND MOTION TO CONSOLIDATE ARE DENIED AS WITHDRAWN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/5/23. 7/5/23 ENTERED AND COPIES E-MAILED.(mbh)
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Filing 12
ORDER THAT THE CLERK OF COURT SHALL FORTHWITH MAIL THIS ORDER, ALONG WITH ORDERS (ECF NOS 3,4) TO ALL COUNSEL IDENTIFIED IN THE TRANSFEROR DOCKETS NOT RECEIVING EMAIL NOTIFICATION. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/26/23. 6/26/23 ENTERED AND COPIES MAILED AND E-MAILED.(mbh)
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Filing 11
ORDER THAT THE PARTIES AND COUNSEL ARE GOVERNED BY OUR COURT'S LOCAL RULES AND OUR CHAMBERS POLICIES AND PROCEDURES IN EFFECT AT THE TIME OF THE ANTICIPATED ACTION FOUND AT WWW.PAED.USCOURTS.GOV UNLESS ALTERED BY A SPECIFIC CASE MANAGEMENT ORDER, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
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Filing 10
ORDER THAT WE AMEND THE PRO HAC VICE ADMISSION UNDER SECTION I.J OF OUR POLICIES AND PROCEDURES FOR PURPOSES OF THE CASES TRANSFERRED FROM OUTSIDE OUR DISTRICT ONLY. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/20/23. 6/20/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh).
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| Filing 9 TRANSFER ORDER THAT THE ACTIONS LISTED ON SCHEDULE A AND PENDING OUTSIDE THE EASTERN DISTRICT OF PENNSYLVANIA ARE TRANSFERRED TO THE EASTERN DISTRICT OF PENNSYLVANIA AND, WITH THE CONSENT OF THAT COURT, ASSIGNED TO THE HONORABLE MARK A. KEARNEY FOR COORDINATED AND CONSOLIDATED PRETRIAL PROCEEDINGS. (mbh) |
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Filing 8
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JOHN R. PADOVA TO HONORABLE KELLEY BRISBON HODGE FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/3/23. 2/3/23 ENTERED AND E-MAILED.(JL)
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| Filing 7 MOTION to Transfer to W.D.Pa. or Alternatively to Stay This Action and For An Extension of Time to File Its Responsive Pleading filed by BPS DIRECT, LLC.Certificate of Service. (Attachments: #1 Certificate of Service, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(LOUCKS, ERIN) |
| Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 including Bass Pro, LLC; Huntsman Holding, LLC; American Sportsman Holdings Co. with Certificate of Service by BPS DIRECT, LLC.(LOUCKS, ERIN) |
| Filing 5 STIPULATION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by BPS DIRECT, LLC. (LOUCKS, ERIN) |
| Filing 4 NOTICE of Appearance by ERIN P. LOUCKS on behalf of BPS DIRECT, LLC with Certificate of Service(LOUCKS, ERIN) |
| Filing 3 SUMMONS Returned Executed by BRITTANY VONBERGEN re: Regina Bonner served Summons and Complaint upon BPS DIRECT, LLC by Personal. BPS DIRECT, LLC served on 11/28/2022, answer due 12/19/2022. (ZELMAN, YITZCHAK) |
| Filing 2 Summons Issued as to BPS DIRECT, LLC. Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 11/25/22 (JL) |
| DEMAND for Trial by Jury by BRITTANY VONBERGEN. (JL) |
| Filing 1 COMPLAINT against BPS DIRECT, LLC ( Filing fee $ 402 receipt number APAEDC-16333114.), filed by BRITTANY VONBERGEN. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Summons)(MARCUS, ARI) |
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| Plaintiff: BRITTANY VONBERGEN | |
| Represented By: | ARI H. MARCUS |
| Represented By: | JOSEPH KANEE |
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| Defendant: BPS DIRECT, LLC | |
| Represented By: | ERIN P. LOUCKS |
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