Timothy Durham v. Cabelas LLC
| Timothy Durham |
| Cabelas LLC |
| 2:2023cv02306 |
| June 15, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 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) |
Filing 34
ORDER THAT DEFEDANTS' MOTIONS TO DISMISS ARE DENIED AS WITHDRAWN WITHOUT PREJUDICE TO MOVE IN RESPONSE TO THE CONSOLIDATED COMPLAINT.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 33
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 32 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 31
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 30
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 29
ORDER THAT PLAINTIFF'S MOTION FOR EXTENSION OF TIME FOR COUNSEL TO ENTER AN APPEARANCE IS GRANTED AND FRANCIS J. "CASEY" FLYNN, JR., ESQUIRE MAY ENTER HIS APPEARANCE NO LATER THAN 7/7/23. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/23.7/6/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mbh)
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| Filing 28 NOTICE of Appearance by Francis J Flynn, Jr on behalf of Timothy Durham with Certificate of Service(Flynn, Francis) |
| Filing 27 NOTICE of Appearance by MaryBeth V. Gibson on behalf of Timothy Durham (Gibson, MaryBeth) |
| Filing 26 MOTION for Extension of Time to File ENTRY OF APPEARANCE OF FRANCIS J. CASEY FLYNN, JR. AND FILE ATTENDANT $75.00 PRO HAC VICE FEE filed by Timothy Durham..(Gibson, MaryBeth) |
| Filing Fee for PRO HAC VICE by Timothy Durham. (Filing Fee $75, receipt number APAEDC-16794208). (Flynn, Francis) |
| Filing Fee for PRO HAC VICE by Timothy Durham. (Filing Fee $75, receipt number APAEDC-16793867). (Gibson, MaryBeth) |
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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 Central; Case Number 2:23-cv-01630. Original file certified copy of transfer order and docket sheet received. |
| Filing 20 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. Case transferred electronically. (MD JS-6. Case Terminated.) (aco) [Transferred from California Central on 6/16/2023.] |
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Filing 19
ORDER GRANTING STIPULATION TO CONTINUE DEFENDANT'S DEADLINE TO RESPOND TO THE COMPLAINT by Judge George H. Wu. The Court hereby ORDERS as follows: Cabela's deadline to respond to the Complaint is continued to June 21, 2023, to allow sufficient time to transfer this case to the Eastern District of Pennsylvania for consolidation into MDL 3074 and to facilitate that process. RE: Stipulation to Continue #18 . (aco) [Transferred from California Central on 6/16/2023.]
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| Filing 18 STIPULATION to Continue Defendant's Deadline to Respond to Complaint from June 7, 2023 to June 21, 2023 filed by Defendant Cabelas LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Straus, Rachel) [Transferred from California Central on 6/16/2023.] |
| Filing 17 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Defendant Cabelas LLC (Straus, Rachel) [Transferred from California Central on 6/16/2023.] |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to Cabelas LLC answer now due 6/7/2023, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Cabelas LLC.(Straus, Rachel) [Transferred from California Central on 6/16/2023.] |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica Wahl counsel for Defendant Cabelas LLC. Adding Jessica N. Wahl as counsel of record for Defendant Cabela's LLC for the reason indicated in the G-123 Notice. Filed by Defendant Cabela's LLC. (Attorney Jessica Wahl added to party Cabelas LLC(pty:dft))(Wahl, Jessica) [Transferred from California Central on 6/16/2023.] |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Rachel Aleeza Straus counsel for Defendant Cabelas LLC. Adding Rachel A. Straus as counsel of record for Defendant Cabela's LLC for the reason indicated in the G-123 Notice. Filed by Defendant Cabela's LLC. (Attorney Rachel Aleeza Straus added to party Cabelas LLC(pty:dft))(Straus, Rachel) [Transferred from California Central on 6/16/2023.] |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Timothy Durham. upon Cabelas LLC waiver sent by Plaintiff on 3/8/2023, answer due 5/8/2023. Waiver of Service signed by Rachel A. Strauss, attorney for Cabela's LLC. (Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
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Filing 12
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATIONof Attorney MaryBeth V. Gibson to Appear Pro Hac Vice on behalf of Plaintiff Timothy Durham, designating Francis J Flynn, Jr as local counsel.; GRANTING #11 Non-Resident Attorney MaryBeth V. Gibson. (aco) [Transferred from California Central on 6/16/2023.]
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| Filing 11 APPLICATION of Non-Resident Attorney MaryBeth V. Gibson to Appear Pro Hac Vice on behalf of Plaintiff Timothy Durham (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34921982) filed by Plaintiff Timothy Durham. (Attachments: #1 Proposed Order Proposed Order) (Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
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Filing 10
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) [Transferred from California Central on 6/16/2023.]
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney MaryBeth V. Gibson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) [Transferred from California Central on 6/16/2023.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Cabelas LLC. (lh) [Transferred from California Central on 6/16/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) [Transferred from California Central on 6/16/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 6/16/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Karen E. Scott. (lh) [Transferred from California Central on 6/16/2023.] |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties,, #3 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plainitff Timothy Durham. (Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Timothy Durham, identifying (1) Timothy Durham (2) Arlie Tucker (3) Law Office of Francis J. Flynn, Jr. (4) The Finley Firm (5) Chestnut Cambronne, P.A. (6) Lockridge Grindal Nauen P.L.L.P. (7) Consumer Protection Legal, LLC; (8) Cabela's LLC (8) All persons in the United States whose communications were intercepted by Defendant or its agents (9) All persons in California whose communications were intercepted by Defendant or its agents.. (Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Timothy Durham. (Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-34898192 - Fee: $402, filed by Plaintiff Timothy Durham. (Attorney Francis J Flynn, Jr added to party Timothy Durham(pty:pla))(Flynn, Francis) [Transferred from California Central on 6/16/2023.] |
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| Plaintiff: Timothy Durham | |
| Represented By: | Francis J Flynn, Jr |
| Represented By: | MaryBeth V. Gibson |
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| Defendant: Cabelas LLC | |
| Represented By: | Rachel Aleeza Straus |
| Represented By: | Jessica Wahl |
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