Moore, Jr. v. BPS Direct, LLC
| Gregory Moore, Jr. |
| BPS DIRECT, LLC |
| 2:2023cv02287 |
| June 15, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Other Statutes: Other Statutory Actions |
| 18 U.S.C. § 2511 Wiretapping |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 40
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 39 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 38
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 37
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 36 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 35
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 34 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 33
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 32
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 31 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 30
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 29
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 28 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 27
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 26
ORDER THAT THE COURT DESIGNATES COUNSEL UPON CONSENT TO SERVE AS PLAINTIFFS' CO-LEAD COUNSEL FINDING THEY REPRESENT A VARIETY OF QUALIFIED ATTORNEYS INVOLVED IN THE CASE TO DATE AND SUBJECT TO FURTHER ORDER AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/12/23. 7/12/23 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas)
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Filing 25
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 NOT MAILED TO COUNSEL AND E-MAILED.(mbh)
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Filing 24
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 23
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 22
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 21 Case transferred in from District of California Southern; Case Number 3:22-cv-01951. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 Case transferred to District of Eastern District of Pennsylvania. Files transferred electronically to: *District of Eastern District of Pennsylvania*.*601 Market Street, Room 2609**Philadelphia, PA 19106-1797* (Attachments: #1 Transfer Order (MDL 3074)) (jmo) [Transferred from California Southern on 6/15/2023.] |
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Filing 19
ORDER granting Joint Motion for Extension of Time to Respond to First Amended Complaint (ECF No. #18 ). Signed by Judge Todd W. Robinson on 05/02/2023. (cxl1) [Transferred from California Southern on 6/15/2023.]
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| Filing 18 Joint MOTION for Extension of Time to File Response to First Amended Complaint by BPS Direct, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Straus, Rachel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
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Filing 17
ORDER (1) Denying As Moot Defendant's Motion To Dismiss Complaint And (2) Vacating Hearing And Briefing Schedule (ECF Nos. #14 , #16 ). Signed by Judge Todd W. Robinson on 4/24/2023. (ddf) [Transferred from California Southern on 6/15/2023.]
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| Filing 16 AMENDED COMPLAINT with Jury Demand against BPS Direct, LLC, filed by Gregory Moore, Jr.. (Shay, Daniel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
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Filing 15
MINUTE ORDER Setting Briefing Schedule re #14 MOTION to Dismiss for Failure to State a Claim: Pursuant to Section III.B.2 of the undersigned's Standing Order for Civil Cases, Plaintiff's Response is due by 4/20/2023 and Defendant's Optional Reply is due by 5/4/2023. Motion Hearing is set for 5/18/2023 at 03:00 PM in Courtroom 3A before Judge Todd W. Robinson. As noted in Section III.A.2 of the undersigned's Standing Order for Civil Cases, "[a]n opposing party's failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c)." Signed by Judge Todd W. Robinson on 04/04/2023.(no document attached) (seh) [Transferred from California Southern on 6/15/2023.]
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| Filing 14 MOTION to Dismiss for Failure to State a Claim by BPS Direct, LLC. (Attachments: #1 Memo of Points and Authorities)(Straus, Rachel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
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Filing 13
ORDER granting Third Joint Motion for Extension of Time to Respond to Complaint. Signed by Judge Todd W. Robinson on 02/27/2023.Defendant BPS Direct, LLC SHALL RESPOND to Plaintiff's Complaint on or before 04/03/2023. (cxl1) [Transferred from California Southern on 6/15/2023.]
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| Filing 12 Joint MOTION for Extension of Time to File Response to Complaint by BPS Direct, LLC. (Attachments: #1 Exhibit A)(Straus, Rachel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
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Filing 11
ORDER granting #10 Second Joint Motion for Extension of Time to Respond to Complaint. Signed by Judge Todd W. Robinson on 01/24/2023. Defendant BPS Direct, LLC SHALL RESPOND to Plaintiff's Complaint on or before 03/03/2023. (cxl1) [Transferred from California Southern on 6/15/2023.]
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| Filing 10 Joint MOTION for Extension of Time to File Response to Complaint by BPS Direct, LLC. (Straus, Rachel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
| Filing 9 NOTICE of Party With Financial Interest by BPS Direct, LLC and Corporate Disclosure Statement. Corporate Parent - Bass Pro, LLC. Corporate Parent - Huntsman Holdings, LLC. Corporate Parent - American Sportsman Holdings Co.(Straus, Rachel) (cxl1). (rmc). [Transferred from California Southern on 6/15/2023.] |
| Filing 8 NOTICE of Appearance by John J. Nelson on behalf of Gregory Moore, Jr. (Nelson, John)Attorney John J. Nelson added to party Gregory Moore, Jr.(pty:pla) (cxl1). [Transferred from California Southern on 6/15/2023.] |
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Filing 7
ORDER granting #6 Nunc Pro Tunc Joint Motion for Extension of Time to Respond to Complaint. Signed by Judge Todd W. Robinson on 01/09/2023. Defendant BPS Direct, LLC SHALL RESPOND to Plaintiff's Complaint on or before February 1, 2023. (cxl1) [Transferred from California Southern on 6/15/2023.]
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| Filing 6 Joint Motion for Extension of Time to Respond to Complaint (Attachments: #1 Proposed Order)(Straus, Rachel) (exs). [Transferred from California Southern on 6/15/2023.] |
| Filing 5 NOTICE of Appearance by Rachel A. Straus on behalf of BPS Direct, LLC (Straus, Rachel)Attorney Rachel A. Straus added to party BPS Direct, LLC(pty:dft) (exs). [Transferred from California Southern on 6/15/2023.] |
| Filing 4 SUMMONS Returned Executed by Gregory Moore, Jr. BPS Direct, LLC served. (Shay, Daniel) (cxl1). [Transferred from California Southern on 6/15/2023.] |
| Filing 3 NOTICE of Appearance by Daniel G. Shay on behalf of Gregory Moore, Jr. (Shay, Daniel)Attorney Daniel G. Shay added to party Gregory Moore, Jr.(pty:pla) (cxl1). [Transferred from California Southern on 6/15/2023.] |
| 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. (fth) (rmc). [Transferred from California Southern on 6/15/2023.] |
| Filing 1 COMPLAINT with Jury Demand against BPS Direct, LLC ( Filing fee $ 402 receipt number ACASDC-17411688.), filed by Gregory Moore, Jr. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-1951-TWR-NLS. Judge Todd W. Robinson and Magistrate Judge Nita L. Stormes are assigned to the case. (Swigart, Joshua)(fth) (rmc). [Transferred from California Southern on 6/15/2023.] |
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| Plaintiff: Gregory Moore, Jr. | |
| Represented By: | John J. Nelson |
| Represented By: | Joshua Brandon Swigart |
| Represented By: | Daniel G. Shay |
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| Defendant: BPS DIRECT, LLC | |
| Represented By: | Rachel A. Straus |
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