Tucker v. BPS DIRECT, LLC
| Arlie Tucker |
| BPS DIRECT, LLC, CABELA'S L.L.C. and Cabela's Retail MO, LLC |
| 2:2023cv02295 |
| June 15, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| 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 45
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 44 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 43
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 42
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 41 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 40
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 39 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 38
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 37
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 36 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 35
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 34
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 33 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 32
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 31
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 30 NOTICE of Appearance by TIFFANY M. YIATRAS on behalf of Arlie Tucker with Certificate of Service(YIATRAS, TIFFANY) |
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Filing 29
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 Fee for PRO HAC VICE by Arlie Tucker. (Filing Fee $75, receipt number APAEDC-16793203). (YIATRAS, TIFFANY) |
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Filing 28
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 27
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. **(FILED IN ERROR)**(mbh) Modified on 6/21/2023 (tjd).
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Filing 26
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 25 Conditional Transfer Order (CTO-1) from the United States Judicial Panel on Multidistrict Litigation, MDL 3074, transferring case to USDC, Eastern District of Pennsylvania and assigned to Honorable Mark A. Kearney. (mbh) |
| Filing 24 Case transferred in from District of Missouri Western; Case Number 6:22-cv-03285. Original file certified copy of transfer order and docket sheet received. |
| Filing 23 MDL TRANSFER ORDER, from Karen K. Caldwell, Chair, transferring case to Eastern District of Pennsylvania to be included in MDL No. 3074. Signed on 6/14/2023. Case electronically transferred. (Ellis, Lindsey) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 22
Before the Court is Plaintiff's Unopposed Motion for Extension of Time to File Consolidated Complaint. (Doc. #21.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiff may file his consolidated complaint on or before June 16, 2023. Signed on 4/14/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 21 MOTION for extension of time to file Consolidated Complaint (Unopposed) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. Suggestions in opposition/response due by 4/28/2023 unless otherwise directed by the court. (Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 20
Before the Court is Plaintiffs Unopposed Motion for Extension of Time to File Consolidated Complaint. (Doc. #19.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiff may file his consolidated complaint on or before April 17, 2023. Signed on 2/16/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 19 MOTION for extension of time to file Consolidated Complaint (Unopposed) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. Suggestions in opposition/response due by 3/2/2023 unless otherwise directed by the court. (Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 18
Before the Court is Defendant BPS Direct, LLC's ("Defendant") Unopposed Motion toConsolidate. (Doc. #17.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Case No. 6:22-cv-03285-SRB and Case No. 6:22-cv-03288-SRB are hereby CONSOLIDATED, and all future filings should be made in Case No. 6:22-cv-03285-SRB. Signed on 1/17/2023 by District Judge Stephen R. Bough. (Richard, Tracey) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 17 MOTION to consolidate cases and Proposed Deadline to File Consolidated Complaint filed by Jason Scott on behalf of BPS DIRECT, LLC. Suggestions in opposition/response due by 1/31/2023 unless otherwise directed by the court. (Scott, Jason) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Jason Scott on behalf of Defendant BPS DIRECT, LLC.(Scott, Jason) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 15
Before the Court is an Unopposed Motion for Extension of Time for Defendant BPS Direct, LLC to File its Response to Plaintiff's Class Action Complaint. (Doc. #14.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that BPS Direct, LLC may answer or otherwise respond to the complaint on or before January 20, 2023. Signed on 1/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 14 MOTION for extension of time to file response/reply to Plaintiffs' Class Action Complaint filed by Jason Scott on behalf of BPS DIRECT, LLC. Suggestions in opposition/response due by 1/19/2023 unless otherwise directed by the court. (Scott, Jason) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 13
ORDER granting #10 motion to appear pro hac vice entered by Clerk of Court. Attorney Kate M. Baxter-Kauf for Arlie Tucker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/15/2023.]
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Filing 12
ORDER granting #9 and #11 motion to appear pro hac vice entered by Clerk of Court. Attorney Karen Riebel and Maureen Kane Berg for Arlie Tucker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 11 Motion to allow Maureen Kane Berg to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8231946) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. (Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 10 Motion to allow Kate M. Baxter-Kauf to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8231943) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. (Yiatras, Tiffany) (Main Document 10 replaced on 12/14/2022 to reflect signed document) (Warren, Melissa). [Transferred from Missouri Western on 6/15/2023.] |
| Filing 9 Motion to allow Karen H. Riebel to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8231900) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. (Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 8
ORDER granting #7 motion to appear pro hac vice entered by Clerk of Court. Attorney Philip J Krzeski for Arlie Tucker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 7 Motion to allow Phillip J. Krzeski to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8227362) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. (Attachments: #1 Exhibit A)(Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
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Filing 6
ORDER granting #5 motion to appear pro hac vice entered by Clerk of Court. Attorney Bryan L Bleichner for Arlie Tucker allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa) [Transferred from Missouri Western on 6/15/2023.]
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| Filing 5 Motion to allow Bryan L. Bleichner to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8227267) filed by Tiffany M. Yiatras on behalf of Arlie Tucker. (Attachments: #1 Exhibit A)(Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 4 Before the Court is an Unopposed Motion for Extension of Time for Defendant BPS Direct, LLC to File its Response to Plaintiffs Class Action Complaint. (Doc. #3 ) Upon review, the motion is GRANTED. Defendant BPS Direct, LLC may respond to Plaintiffs complaint on or before January 6, 2023. Signed on 11/22/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 3 MOTION for extension of time to file response/reply to Plaintiffs' Class Action Complaint filed by Jason Scott on behalf of BPS DIRECT, LLC. Suggestions in opposition/response due by 12/6/2022 unless otherwise directed by the court. (Attorney Jason Scott added to party BPS DIRECT, LLC(pty:dft))(Scott, Jason) [Transferred from Missouri Western on 6/15/2023.] |
| Staff Note re: Sealed Access (non-public): Per Judge Bough's request, the default access to sealed data was modified to allow all case participants in this case access to sealed documents. (Moore, Terri) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Furtak, Rebecca) [Transferred from Missouri Western on 6/15/2023.] |
| Filing 1 COMPLAINT against BPS DIRECT, LLC filed by Tiffany M. Yiatras on behalf of Arlie Tucker. Filing fee $402, receipt number AMOWDC-8183122. Service due by 2/6/2023 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Yiatras, Tiffany) [Transferred from Missouri Western on 6/15/2023.] |
| SUMMONS ISSUED as to BPS DIRECT, LLC. Summons emailed to Plaintiff's counsel for service. (Furtak, Rebecca) [Transferred from Missouri Western on 6/15/2023.] |
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