Hernandez v. BPS Direct, L.L.C.
Plaintiff: MARILYN HERNANDEZ
Defendant: BPS DIRECT, LLC doing business as BASS PRO SHOPS
Case Number: 2:2023cv02338
Filed: June 16, 2023
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: MARK A KEARNEY
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1332 Diversity - Misappropriation of Trade Secrets
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Opinion or Order Filing 46 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)
November 17, 2023 Filing 45 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY by Telephone. Motion Hearing held on 11/17/23. Court Reporter: Kim Haley. (mbh)
November 15, 2023 Opinion or Order Filing 44 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)
October 26, 2023 Opinion or Order Filing 43 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)
October 26, 2023 Filing 42 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Video Oral Argument held on 10/25/23. Court Reporter: Lynn Gligor. (mbh)
October 23, 2023 Opinion or Order Filing 41 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)
October 23, 2023 Filing 40 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Telephone Status Conference held on 10/23/23. Court Reporter: Lynn Gligor. (mbh)
October 20, 2023 Opinion or Order Filing 39 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)
October 10, 2023 Opinion or Order Filing 38 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)
July 26, 2023 Filing 37 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)
July 25, 2023 Opinion or Order Filing 36 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)
July 25, 2023 Opinion or Order Filing 35 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)
July 25, 2023 Filing 34 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEYin Courtroom 6B. Rule 16 Conference held on 7/25/23. Court Reporter: ESR. (mbh)
July 12, 2023 Opinion or Order Filing 33 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)
July 12, 2023 Opinion or Order Filing 32 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)
July 5, 2023 Opinion or Order Filing 31 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)
June 28, 2023 Filing 30 NOTICE of Appearance by JONATHAN M. JAGHER on behalf of MARILYN HERNANDEZ with Certificate of Service(JAGHER, JONATHAN)
June 27, 2023 Filing 29 NOTICE of Appearance by JAMES J. PIZZIRUSSO on behalf of MARILYN HERNANDEZ with Certificate of Service(PIZZIRUSSO, JAMES)
June 27, 2023 Filing 28 NOTICE of Appearance by STEVEN M. NATHAN on behalf of MARILYN HERNANDEZ with Certificate of Service(NATHAN, STEVEN)
June 26, 2023 Opinion or Order Filing 27 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)
June 20, 2023 Opinion or Order Filing 26 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) Modified on 6/22/2023 (mbh). FILED IN ERROR
June 20, 2023 Opinion or Order Filing 25 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).
June 20, 2023 Filing 24 Case transferred in from District of Maryland; Case Number 1:23-cv-00413. Original file certified copy of transfer order and docket sheet received.
June 15, 2023 Filing 23 MDL Certified Transfer Order Signed by Sarah Tiffaney D. Pete/Clerk of the Panel on 6/15/2023. (kb3s, Deputy Clerk) [Transferred from Maryland on 6/20/2023.]
June 13, 2023 Opinion or Order Filing 22 ORDER STAYING CASE. Signed by Judge Lydia Kay Griggsby on 6/13/2023. (ols, Deputy Clerk) [Transferred from Maryland on 6/20/2023.]
June 12, 2023 Opinion or Order Filing 21 PAPERLESS ORDER Canceling Pre-Motion Conference re #19 . Signed by Judge Lydia Kay Griggsby on 6/12/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
June 9, 2023 Filing 20 STATUS REPORT (JOINT) REGARDING PRE-MOTION CONFERENCE by Marilyn Hernandez (Attachments: #1 Exhibit Exhibit A - Conditional Transfer Order (CTO-1))(Nathan, Steven) [Transferred from Maryland on 6/20/2023.]
June 8, 2023 Opinion or Order Filing 19 AMENDED ORDER Scheduling Pre-Motion Conference for Wednesday, June 14, 2023 at 3 pm re #16 . Signed by Judge Lydia Kay Griggsby on 6/8/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
May 12, 2023 Opinion or Order Filing 18 ORDER Granting #17 Consent Motion for Extension of Time to File Response as to #13 MOTION to Dismiss for Failure to State a Claim. Signed by Judge Lydia Kay Griggsby on 5/12/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
May 12, 2023 Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Failure to State a Claim by Marilyn Hernandez (Attachments: #1 Text of Proposed Order Proposed Order)(Pizzirusso, James) [Transferred from Maryland on 6/20/2023.]
May 10, 2023 Opinion or Order Filing 16 ORDER re #12 Scheduling Pre-Motion Conference filed by Marilyn Hernandez. Signed by Judge Lydia Kay Griggsby on 5/10/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
May 1, 2023 Opinion or Order Filing 15 PAPERLESS ORDER Granting #14 Consent Motion for Extension of Time to File Response. Plaintiff's response to defendant's motion to dismiss due on or before June 5, 2023. Signed by Judge Lydia Kay Griggsby on 5/1/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
May 1, 2023 Filing 14 MOTION for Extension of Time TO RESPOND TO DEFENDANTS MOTION AND MEMORANDUM IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFFS CLASS ACTION COMPLAINT by Marilyn Hernandez (Attachments: #1 Text of Proposed Order Proposed Order)(Pizzirusso, James) [Transferred from Maryland on 6/20/2023.]
April 24, 2023 Filing 13 MOTION to Dismiss for Failure to State a Claim by BPS Direct, L.L.C. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Convery, Caitlin) [Transferred from Maryland on 6/20/2023.]
April 18, 2023 Filing 12 NOTICE by Marilyn Hernandez of Intent to File a Motion to Stay Proceedings pending action by the JPML (Nathan, Steven) [Transferred from Maryland on 6/20/2023.]
March 28, 2023 Filing 11 NOTICE of Appearance by Jonathan M. Jagher on behalf of Marilyn Hernandez (Jagher, Jonathan) [Transferred from Maryland on 6/20/2023.]
March 27, 2023 Filing 10 NOTICE of Appearance by Steven M Nathan on behalf of Marilyn Hernandez (Nathan, Steven) [Transferred from Maryland on 6/20/2023.]
March 17, 2023 Opinion or Order Filing 9 SCHEDULING ORDER. Signed by Judge Lydia Kay Griggsby on 3/17/2023. (scs, Chambers) [Transferred from Maryland on 6/20/2023.]
March 15, 2023 Filing 8 Local Rule 103.3 Disclosure Statement by BPS Direct, L.L.C. identifying Corporate Parent Bass Pro, LLC, Corporate Parent Huntsman Holdings, LLC for BPS Direct, L.L.C..(Convery, Caitlin) [Transferred from Maryland on 6/20/2023.]
March 14, 2023 Filing 7 Deficiency Notice for BPS Direct, L.L.C.-- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 3/21/2023 (ols, Deputy Clerk) [Transferred from Maryland on 6/20/2023.]
March 14, 2023 Filing 6 NOTICE by BPS Direct, L.L.C. of Intent to File a Motion to Dismiss the Complaint (Convery, Caitlin) [Transferred from Maryland on 6/20/2023.]
March 14, 2023 Filing 5 NOTICE of Appearance by Caitlin Rose Convery on behalf of BPS Direct, L.L.C. (Convery, Caitlin) [Transferred from Maryland on 6/20/2023.]
February 27, 2023 Filing 4 SUMMONS Returned Executed by Marilyn Hernandez. BPS Direct, L.L.C. served on 2/21/2023, answer due 3/14/2023.(Pizzirusso, James) [Transferred from Maryland on 6/20/2023.]
February 15, 2023 Opinion or Order Filing 3 CASE MANAGEMENT ORDER. Signed by Judge Lydia Kay Griggsby on 2/15/2023. (mg4s, Chambers) [Transferred from Maryland on 6/20/2023.]
February 15, 2023 Filing 2 Summons Issued 21 days as to BPS Direct, L.L.C. (ols, Deputy Clerk) [Transferred from Maryland on 6/20/2023.]
February 15, 2023 Filing 1 COMPLAINT against BPS DIRECT, L.L.C. d/b/a BASS PRO SHOPS ( Filing fee $ 402 receipt number AMDDC-10434710.), filed by MARILYN HERNANDEZ. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons)(Pizzirusso, James) [Transferred from Maryland on 6/20/2023.]

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Search for this case: Hernandez v. BPS Direct, L.L.C.
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Plaintiff: MARILYN HERNANDEZ
Represented By: JAMES J. PIZZIRUSSO
Represented By: JONATHAN M. JAGHER
Represented By: STEVEN M. NATHAN
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Defendant: BPS DIRECT, LLC doing business as BASS PRO SHOPS
Represented By: Caitlin Rose Convery
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