VONBERGEN v. BLOOMINGDALES.COM, LLC
| BRITTANY VONBERGEN |
| BLOOMINGDALES.COM, LLC |
| 2:2022cv04724 |
| November 28, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| KELLEY BRISBON HODGE |
| GERALD A MCHUGH |
| Other Statutes: Other Statutory Actions |
| 18 U.S.C. § 2511 Wiretapping |
| Plaintiff |
Docket Report
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| Filing 54 DEFENDANTS REPLY IN SUPPORT OFRENEWED MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT filed by BLOOMINGDALES.COM, LLC. (bw) |
Filing 53
ORDER THAT UPON CONSIDERATION OF DEFENDANT BLOOMINGDALES.COM, LLCS MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF RENEWED MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT (ECF NO. 52) AND GOOD CAUSE APPEARING, IT IS ORDERED THAT DEFENDANTS MOTION #52 IS GRANTED. THE CLERK OF COURT SHALL DOCKET DEFENDANTS REPLY BRIEF ATTACHED TO THE MOTION AS EXHIBIT A (ECF NO. 52-2). SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 11/1/23.11/1/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 52 MOTION for Leave to File Reply Brief in Support of Renewed Motion to Dismiss (ECF No. 50) Plaintiff's Amended Complaint filed by BLOOMINGDALES.COM, LLC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Reply Brief)(ABAY, JEREMY) |
| Filing 51 RESPONSE in Opposition re #50 Second MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by BRITTANY VONBERGEN. (KANEE, JOSEPH) |
| Filing 50 Second MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by BLOOMINGDALES.COM, LLC.. (Attachments: #1 Brief, #2 Declaration of Steven R. Watts, #3 Declaration of Matthew Q. Verdin, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Text of Proposed Order)(ABAY, JEREMY) |
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Filing 49
ORDER THAT DEFENDANT BLOOMINGDALES.COM, LLC MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT IS DENIED WITHOUT PREJUDICE. DEFENDANT IS PERMITTED TO REFILE THEIR MOTION ON OR BEFORE 10/11/23. PLAINTIFF IS PERMITTED TO FILE ANY RESPONSE IN OPPOSITION ON OR BEFORE 10/25/23; ETC.. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 9/27/23.9/28/23 ENTERED AND E-MAILED.(JL)
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| Set/Reset Scheduling Order Deadlines: MOTION TO DISMISS DUE BY 10/11/2023. (JL) |
| Filing 48 Minute Entry for proceedings held before HONORABLE KELLEY BRISBON HODGE Status Conference held on 9/27/23. (bw) |
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Filing 47
ORDER THAT A VIDEO STATUS CONFERENCE SET FOR 9/27/2023 11:00 AM BEFORE HONORABLE KELLEY BRISBON HODGE. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 9/20/23. 9/21/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 46 NOTICE by BRITTANY VONBERGEN Sixth Notice of Supplement Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(KANEE, JOSEPH) |
| Filing 45 NOTICE by BRITTANY VONBERGEN Fifth Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(KANEE, JOSEPH) |
| Filing 44 NOTICE by BRITTANY VONBERGEN Fourth Notice of Supplement Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(KANEE, JOSEPH) |
| Filing 43 NOTICE by BLOOMINGDALES.COM, LLC re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A - Curd v. Papa Johns)(ABAY, JEREMY) |
| Filing 42 NOTICE by BLOOMINGDALES.COM, LLC re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction NOTICE OF SUPPLEMENTAL AUTHORITIES (Attachments: #1 Exhibit A - Schnur v. Papa Johns, #2 Exhibit B - Cook v. GameStop)(ABAY, JEREMY) |
| Filing 41 NOTICE by BRITTANY VONBERGEN Plaintiff's Third Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(KANEE, JOSEPH) |
| Filing 40 NOTICE by BRITTANY VONBERGEN re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(KANEE, JOSEPH) |
| Filing 39 NOTICE by BLOOMINGDALES.COM, LLC re #38 Notice (Other), Response to Plaintiffs Notice of Supplemental Authority (Herbal Brands) (ABAY, JEREMY) |
| Filing 38 NOTICE by BRITTANY VONBERGEN re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit A - Herbal Brands v Photoplaza)(KANEE, JOSEPH) |
| Filing 37 NOTICE by BLOOMINGDALES.COM, LLC re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A - Rosenthal v. Bloomingdales)(ABAY, JEREMY) |
| Filing 36 NOTICE by BRITTANY VONBERGEN re #35 Notice (Other), in Response to Defendant's Notice of Supplemental Authority (KANEE, JOSEPH) |
| Filing 35 NOTICE by BLOOMINGDALES.COM, LLC re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction NOTICE OF SUPPLEMENTAL AUTHORITIES (Attachments: #1 Exhibit A - Hasson v. FullStory, #2 Exhibit B - Alves v. Goodyear)(ABAY, JEREMY) |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by BRITTANY VONBERGEN. (KANEE, JOSEPH) |
| Filing 33 NOTICE by BLOOMINGDALES.COM, LLC re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction - NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A - Mikulsky v. Noom Inc)(ABAY, JEREMY) |
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Filing 32
ORDER THAT, WITHIN SEVEN (7) DAYS OF THE DATE OF THIS ORDER, THE PARTIES SHALL SHOW CAUSEAS TO WHETHER THIS CASE IS A TAG-ALONG OR RELATED ACTION APPROPRIATE FOR INCLUSION IN THE MDL IN ACCORDANCE WITH THE APPLICABLE LOCAL RULES SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 7/14/23. 7/18/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 31 NOTICE of Withdrawal of Appearance by STEPHEN F. RAIOLA on behalf of BLOOMINGDALES.COM, LLC(RAIOLA, STEPHEN) |
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Filing 30
ORDER THAT THE APPLICATION FOR PRO HAC ADMISSION OF, ATTORNEY JOSEPH KANEE for BRITTANY VONBERGEN, IS GRANTED. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 5/16/23. 5/16/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 29 APPLICATION for Admission Pro Hac Vice of Joseph Kanee by BRITTANY VONBERGEN. ( Filing fee $ 75 receipt number APAEDC-16691864.). (Attachments: #1 Certificate of Service, #2 Proposed Order)(MARCUS, ARI) |
| Filing 28 REPLY to Response to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by BLOOMINGDALES.COM, LLC. (RAIOLA, STEPHEN) |
| Filing 27 Memorandum in Opposition to Defendant's Motion to Dismiss Plaintiff's Complaint re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by BRITTANY VONBERGEN. (Attachments: #1 Exhibit A - Huber v Expedia Order Denying Motion to Dismiss)(MARCUS, ARI) |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by BLOOMINGDALES.COM, LLC.Brief, Declaration. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(RAIOLA, STEPHEN) |
| Filing 25 AMENDED COMPLAINT against BLOOMINGDALES.COM, LLC, filed by BRITTANY VONBERGEN.(bw) |
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Filing 24
ORDER THAT PLAINTIFF BRITTANY VONBERGENS MOTION FOR LEAVE TO AMEND THE COMPLAINT #22 IS GRANTED. THE CLERK OF COURT SHALL DOCKET THE AMENDED CLASS ACTION COMPLAINT ATTACHED TO THE MOTION AS EXHIBIT A; DEFENDANT BLOOMINGDALES.COM, LLCS MOTION TO DISMISS COMPLAINT #19 , AND DEFENDANT BLOOMINGDALES.COM, LLCS MOTION TO GRANT ITS MOTION TO DISMISS AS UNCONTESTED #21 , ARE DENIED AS MOOT; AND PLAINTIFFS CONSENT MOTION FOR RELIEF #23 IS GRANTED. DEFENDANT SHALL FILE AND SERVE ITS RESPONSE TO THE AMENDED CLASS ACTION COMPLAINT ON OR BEFORE APRIL 10, 2023. PLAINTIFF SHALL FILE AND SERVE A RESPONSE TO ANY MOTION TO DISMISS ON OR BEFORE MAY 1, 2023. DEFENDANT SHALL SUBMIT ANY REPLY IN SUPPORT TO ANY MOTION TO DISMISS ON OR BEFORE MAY 15, 2023. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 3/13/23.3/14/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 23 Consent MOTION to Amend/Correct Complaint, Consent MOTION set schedule to respond to Amended Complaint filed by BRITTANY VONBERGEN.Consent Motion. (Attachments: #1 Text of Proposed Order)(MARCUS, ARI) |
| Filing 22 MOTION to Amend/Correct Complaint filed by BRITTANY VONBERGEN.Memorandum. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Text of Proposed Order)(MARCUS, ARI) |
| Filing 21 MOTION Grant Motion to Dismiss (DE 19) as Uncontested filed by BLOOMINGDALES.COM, LLC.. (Attachments: #1 Text of Proposed Order)(RAIOLA, STEPHEN) |
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Filing 20
ORDER THAT THE JOINT STIPULATION IS APPROVED. ANY RESPONSE TO DEFENDANT BLOOMINGDALES.COM, LLCS MOTION TO DISMISS COMPLAINT SHALL BE FILED AND SERVED ON OR BEFORE MARCH 3, 2023. ANY REPLY TO THE RESPONSE TO DEFENDANT BLOOMINGDALES.COM, LLCS MOTION TO DISMISS SHALL BE FILED AND SERVED ON OR BEFORE MARCH 17, 2023. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 2/24/23. 2/24/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by BLOOMINGDALES.COM, LLC.. (Attachments: #1 Brief, #2 Declaration, #3 Text of Proposed Order)(RAIOLA, STEPHEN) |
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Filing 18
ORDER THAT THE MOTION FOR PRO HAC VICE #17 TO PRACTICE IN THIS COURT IS GRANTED. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 2/8/23.2/8/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 17 MOTION for Pro Hac Vice of Matthew Verdin ( Filing fee $ 40 receipt number APAEDC-16485682.) filed by BLOOMINGDALES.COM, LLC..(RAIOLA, STEPHEN) |
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Filing 16
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE GERALD A. MCHUGH TO HONORABLE KELLEY BRISBON HODGE FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/2/23. 2/2/23 ENTERED AND COPIES E-MAILED.(bw)
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Filing 15
ORDER THAT THE MOTION FOR PRO HAC VICE #11 IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/13/22.12/13/22 ENTERED AND COPIES E-MAILED.(bw)
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Filing 14
ORDER THAT THE MOTION FOR PRO HAC VICE #10 IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/13/22.12/13/22 ENTERED AND COPIES E-MAILED.(bw)
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Filing 13
ORDER THAT THE MOTION FOR PRO HAC VICE #9 IS GRANTED. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/13/22.12/13/22 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 12 NOTICE of Appearance by JEREMY E. ABAY on behalf of BLOOMINGDALES.COM, LLC (ABAY, JEREMY) |
| Filing 11 MOTION for Pro Hac Vice of Ziwei Song ( Filing fee $ 40 receipt number APAEDC-16367851.) filed by BLOOMINGDALES.COM, LLC..(RAIOLA, STEPHEN) |
| Filing 10 MOTION for Pro Hac Vice of Eric C. Bosset ( Filing fee $ 40 receipt number APAEDC-16367840.) filed by BLOOMINGDALES.COM, LLC..(RAIOLA, STEPHEN) |
| Filing 9 MOTION for Pro Hac Vice of Emily Johnson Henn ( Filing fee $ 40 receipt number APAEDC-16367814.) filed by BLOOMINGDALES.COM, LLC..(RAIOLA, STEPHEN) |
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Filing 8
ORDER THAT THE PARTIES JOINT STIPULATION FOR EXTENSION OF TIME FOR RESPONDING TO THE COMPLAINT #1 , IT IS HEREBY ORDERED THAT THE STIPULATION IS GRANTED. CONSISTENT WITH THIS ORDER, DEFENDANTS DEADLINE TO ANSWER OR OTHERWISE MOVE TO DISMISS PLAINTIFFS COMPLAINT, PURSUANT TO FED. R. CIV. P. 12, SHALL BE EXTENDED TO FEBRUARY 10, 2023. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/8/22. 12/8/22 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 7 Stipulation (bw) |
| Filing 6 NOTICE of Appearance by PETER ST. TIENNE WOLFF on behalf of BLOOMINGDALES.COM, LLC (WOLFF, PETER) |
| Filing 5 SUMMONS Returned Executed by BRITTANY VONBERGEN re: Joe Vallone served Summons and Complaint upon BLOOMINGDALES.COM, LLC by Personal. BLOOMINGDALES.COM, LLC served on 11/29/2022, answer due 12/20/2022. (MARCUS, ARI) |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 including Bloomingdales, LLC, which has a sole member of Macy's Retail Holdings, LLC, which has a sole member of Macy's, Inc. by BLOOMINGDALES.COM, LLC.(RAIOLA, STEPHEN) |
| Filing 3 NOTICE of Appearance by STEPHEN F. RAIOLA on behalf of BLOOMINGDALES.COM, LLC (RAIOLA, STEPHEN) |
| Filing 2 Summons Issued as to BLOOMINGDALES.COM, LLC. E-MAILED To: COUNSEL on 11/28/22 (bw) |
| Filing 1 COMPLAINT against BLOOMINGDALES.COM, LLC ( Filing fee $ 402 receipt number APAEDC-16335601.), filed by BRITTANY VONBERGEN. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Summons)(MARCUS, ARI) |
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