Irvin v. Cabela's L.L.C. et al
Plaintiff: David Irvin
Defendant: CABELA'S L.L.C. and BPS DIRECT, LLC
Case Number: 2:2023cv04008
Filed: October 17, 2023
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: MARK A KEARNEY
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2023 Filing 85 Notice of Filing of Official Transcript with Certificate of Service re #83 Transcript - PDF, #84 Transcript - PDF, 12/6/23 Entered and Copies Emailed TO LIAISON COUNSEL (SEE 23-MD-3074, PAPER NO. 92) (amas)
December 6, 2023 Filing 84 TRANSCRIPT of STATUS CONFERENCE held on 10/25/23, before Judge MARK A. KEARNEY. Court Reporter/Transcriber LYNN GLIGOR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/27/2023. Redacted Transcript Deadline set for 1/6/2024. Release of Transcript Restriction set for 3/5/2024. (amas)
December 6, 2023 Filing 83 TRANSCRIPT of STATUS CONFERENCE held on 10/23/23, before Judge MARK A. KEARNEY. Court Reporter/Transcriber LYNN GLIGOR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/27/2023. Redacted Transcript Deadline set for 1/6/2024. Release of Transcript Restriction set for 3/5/2024. (amas)
December 5, 2023 Opinion or Order Filing 82 ORDER THAT DEFENDANTS' MOTIONS TO DISMISS ARE GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/5/23. 12/6/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
December 5, 2023 Filing 81 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/5/23. 12/6/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
November 29, 2023 Opinion or Order Filing 80 ORDER THAT WE APPOINT THE HONORABLE THOMAS I. VANASKIE, RETIRED JUDGE OF THE UNITED STATES COURT OF APPEALS AND RETIRED CHIEF JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS THE DESIGNATED SPECIAL DISCOVERY MASTER UNDER FRCP 53. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/29/23. 11/29/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL.(mbh)
November 28, 2023 Filing 79 Statement of Joinder by David Irvin. (Schwartz, Steven)
November 27, 2023 Opinion or Order Filing 78 ORDER THAT THE COURT AMENDS THE OCTOBER 23, 2023 ORDER (ECF NO. 67) ONLY TO GRANT LEAVE FOR PLAINTIFFS' COUNSEL TO FILE A NOTICE, ON OR BEFORE DECEMBER 15, 2023, IDENTIFYING THE CONFIRMED DATE, TIME, AND PLACE (INCLUDING VIRTUAL TESTIMONY IF POSSIBLE) FOR THE IDENTIFIED DEPOSITIONS OF THE PLAINTIFFS AND THOSE PERSONS PRESENTLY IDENTIFIED AS WITNESSES AFFILIATED WITH THE DEFENDANTS SUBJECT TO LATER AMENDMENTS FOR GOOD CAUSE.SIGNED BY HONORABLE MARK A. KEARNEY ON 11/27/23. 11/27/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE 23-MD-3074, DOC. NO. 82)(amas)
November 17, 2023 Opinion or Order Filing 77 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 76 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 75 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)
November 2, 2023 Filing 74 Notice of Filing of Official Transcript with Certificate of Service re #73 Transcript - PDF, #72 Transcript - PDF. 11/2/23 Entered and Copies Emailed. (amas)
November 2, 2023 Filing 73 TRANSCRIPT of STATUS CONFERENCE held on 10/25/23, before Judge MARK A. KEARNEY. Court Reporter/Transcriber LYNN GLIGOR, RMR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/24/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/31/2024. (amas)
November 2, 2023 Filing 72 TRANSCRIPT of STATUS CONFERENCE held on 10/23/23, before Judge MARK A. KEARNEY. Court Reporter/Transcriber LYNN GLIGOR, RMR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/24/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/31/2024. (amas)
October 26, 2023 Opinion or Order Filing 71 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 70 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Video Oral Argument held on 10/25/23. Court Reporter: Lynn Gligor. (mbh)
October 24, 2023 Opinion or Order Filing 69 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF CHRISTOPHER R. REILLY, ESQUIRE (DOC. NO. #68 ) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/24/23.10/25/23 ENTERED AND COPIES E-MAILED.(amas)
October 24, 2023 Filing 68 MOTION for Pro Hac Vice ( Filing fee $ 75 receipt number APAEDC-17028428.) filed by David Irvin.Affidavit and Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Christopher R. Reilly)(Schwartz, Steven)
October 24, 2023 Filing 67 NOTICE of Appearance by ALEX M. KASHURBA on behalf of David Irvin with Certificate of Service(KASHURBA, ALEX)
October 24, 2023 Filing 66 NOTICE of Appearance by Steven A Schwartz on behalf of David Irvin with Certificate of Service(Schwartz, Steven)
October 24, 2023 Opinion or Order Filing 65 ORDER THAT THE NONCOMPLIANT MOTION (ECF NO. 64), IS DENIED WITHOUT PREJUDICE TO MOVE COMPLIANT WITH OUR POLICIES AND PROCEDURES (AUGUST 2023) INCLUDING DESCRIBING THE REASONS THE CLIENT REQUIRES SPECIAL ADMISSION OF THIS LAWYER, AND THE POSITIONS OF ALL COUNSEL. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/24/23. 10/24/23 ENTERED AND COPIES E-MAILED.(amas)
October 23, 2023 Filing 64 APPLICATION for Admission Pro Hac Vice of Christopher R. Reilly by David Irvin.. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Christopher R. Reilly)(Schwartz, Steven)
October 23, 2023 Opinion or Order Filing 63 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 62 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 Filing 61 NOTICE of Appearance by JENNIFER A. MCLOONE on behalf of BPS DIRECT, LLC, CABELA'S L.L.C. (Attachments: #1 Exhibit A- ECF 4, #2 Exhibit B- ECF 45)(MCLOONE, JENNIFER)
October 20, 2023 Opinion or Order Filing 60 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 18, 2023 Filing 59 NOTICE of Appearance by PHILIP L. FRAIETTA on behalf of David Irvin with Certificate of Service(FRAIETTA, PHILIP)
October 17, 2023 Opinion or Order Filing 58 ORDER THAT 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. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/17/23. 10/18/23 ENTERED & E-MAILED. (mbh) Modified 10/18/23 (fdc).
October 17, 2023 Filing 57 Case transferred in from District of Pennsylvania Middle; Case Number 1:23-cv-00530. Original file certified copy of transfer order and docket sheet received.
October 17, 2023 Opinion or Order Filing 56 ORDER TRANSFERRING CASE to the Eastern District of Pennsylvania for inclusion in MDL 3074 pursuant to the Judicial Panel on MDL. (jw) [Transferred from Pennsylvania Middle on 10/17/2023.]
October 12, 2023 Filing 55 SPECIAL ADMISSIONS FORM APPROVED as to Philip L. Fraietta. Signed by Honorable Christopher C. Conner on 10/12/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
October 12, 2023 DOCKET ANNOTATION: Bar status verified for petitioner and associate counsel. (rw) [Transferred from Pennsylvania Middle on 10/17/2023.]
October 11, 2023 Filing 54 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Philip Lawrence Fraietta on behalf of David Irvin Attorney Philip L. Fraietta is seeking special admission. Filing fee $ 50, receipt number APAMDC-6427308.. (Fraietta, Philip) [Transferred from Pennsylvania Middle on 10/17/2023.]
September 12, 2023 Opinion or Order Filing 53 ORDER following a telephone conference held 8/23/2023 regarding a pending discovery dispute - Plaintiff's informal request that Defendants produce the identities of all persons who purchased a firearm from cabelas.com and/or basspro.com during the class period is denied without prejudice to his right to seek that information if and when a class is certified. If Plaintiff disagrees with this decision, he may file a Motion to Compel Disclosure in accordance with Judge Conner's Civil Practice Order. (Doc. 37, p. 2, 9). PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge William I. Arbuckle on 9/12/2023. (caw) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 25, 2023 Filing 52 REPLY BRIEF re #38 MOTION to Dismiss for Failure to State a Claim filed by BPS Direct, L.L.C., Cabela's L.L.C..(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 23, 2023 Filing 50 NOTICE of Appearance by Lindsey M. Knapton on behalf of BPS Direct, L.L.C., Cabela's L.L.C. (Knapton, Lindsey) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 23, 2023 Filing 49 Corporate Disclosure Statement by BPS Direct, L.L.C., Cabela's L.L.C. identifying Corporate Parent Bass Pro, LLC for BPS Direct, L.L.C., Cabela's L.L.C... (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 22, 2023 Filing 48 Letter from Defendants in response to Plaintiff's Discovery Letter (ECF No 42) . (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 11, 2023 Filing 47 BRIEF IN OPPOSITION re #38 MOTION to Dismiss for Failure to State a Claim filed by David Irvin.(Arisohn, Joshua) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 4, 2023 Filing 46 NOTICE of Appearance by Anna A. Gadberry on behalf of BPS Direct, L.L.C., Cabela's L.L.C. (Gadberry, Anna) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 3, 2023 Filing 45 NOTICE of Appearance by Jennifer A. McLoone on behalf of BPS Direct, L.L.C., Cabela's L.L.C. (McLoone, Jennifer) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 2, 2023 Opinion or Order Filing 44 SCHEDULING ORDER: Telephone Conference set for 8/23/2023 at 10:00 AM before Magistrate Judge William I. Arbuckle for the purpose of handling a discovery dispute as outlined in a Letter from Attorney Arisohn (Doc. 42). Counsel are instructed to call the conference line number at 1-877-336-1829, Access Code: 6319086#, press * to bypass security code to be connected to the call. Signed by Magistrate Judge William I. Arbuckle on 8/2/2023. (caw) [Transferred from Pennsylvania Middle on 10/17/2023.]
August 1, 2023 VERBAL ORDER by Chief Magistrate Judge Karoline Mehalchick Referring case to Magistrate Judge William I. Arbuckle for purposes of handling a discovery dispute. (cw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 31, 2023 Filing 43 Verbal Order Referring #42 Letter to Chief MJ Mehalchick for Referral to a U.S. Magistrate Judge for resolution. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 7/31/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 28, 2023 Filing 42 Letter from Joshua D. Arisohn requesting a telephonic discovery conference. (Arisohn, Joshua) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 18, 2023 Filing 41 VERBAL ORDER - it is ORDERED that the motion #40 is GRANTED and plaintiff shall respond to defendants motion to dismiss no later than August 11, 2023. Signed by Honorable Christopher C. Conner on 7/18/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 18, 2023 Filing 40 Unopposed MOTION for Extension of Time to File Plaintiff's Opposition to Motion to Dismiss by David Irvin. (Attachments: #1 Proposed Order)(Schwartz, Steven) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 14, 2023 Filing 39 BRIEF IN SUPPORT of Defendants Motion to Dismiss Plaintiff's Amended Complaint re #38 MOTION to Dismiss for Failure to State a Claim filed by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Certificate of Nonconcurrence, #2 Exhibit(s) Table of Contents, #3 Exhibit(s) A - Meta Cookies Policy, #4 Exhibit(s) B - Control Your Off-Facebook Activity, #5 Exhibit(s) C - How to Manage Off-Facebook Activity, #6 Certificate of Service)(Leffler, Erin)[Transferred from Pennsylvania Middle on 10/17/2023.]
July 14, 2023 Filing 38 MOTION to Dismiss for Failure to State a Claim by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Proposed Order)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 14, 2023 Filing 37 CIVIL PRACTICE ORDER - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 7/14/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 14, 2023 Filing 36 CASE MANAGEMENT ORDER - Fact Discovery due by 7/26/2024. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 7/14/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 12, 2023 Filing 34 VERBAL ORDER - It is ORDERED that the motion #33 is GRANTED and movant may file a motion in excess of the word/page limits as requested in the motion. Signed by Honorable Christopher C. Conner on 7/12/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 12, 2023 Filing 33 MOTION to Exceed Page Limitation Pursuant to Local Rule 7.8(b) by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Proposed Order)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 10, 2023 Filing 32 RULE 502(d) ORDER. Signed by Honorable Christopher C. Conner on 7/10/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 10, 2023 Filing 31 STIPULATED PROTECTIVE ORDER. Signed by Honorable Christopher C. Conner on 7/10/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 10, 2023 Opinion or Order Filing 30 ORDER granting #29 Motion for Orders. Signed by Honorable Christopher C. Conner on 7/10/2023 (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 7, 2023 Filing 29 Joint MOTION for Protective Order (Stipulated Protective Order), Joint MOTION for Order 502(d) Order by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit(s) A - Stipulated Protective Order, #4 Exhibit(s) B - 502(d) Order)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
July 7, 2023 Filing 28 CASE MANAGEMENT PLAN Jointly Submitted by BPS Direct, L.L.C., Cabela's L.L.C.. (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 Filing 27 SPECIAL ADMISSIONS FORM APPROVED as to Jennifer McLoone Signed by Honorable Christopher C. Conner on 6/23/23. (spm) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 Filing 26 SPECIAL ADMISSIONS FORM APPROVED as to Lindsey Knapton Signed by Honorable Christopher C. Conner on 6/23/23. (spm) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 Filing 25 SPECIAL ADMISSIONS FORM APPROVED as to Anna A. Gadberry Signed by Honorable Christopher C. Conner on 6/23/23. (spm) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 DOCKET ANNOTATION: Bar status for Attorney McLoone and associate counsel are verified. (ll) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 DOCKET ANNOTATION: Bar status for Attorney Gadberry and associate counsel are verified. (ll) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 23, 2023 DOCKET ANNOTATION: Bar status for Attorney Knapton and associate counsel are verified. (ll) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 22, 2023 Filing 24 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erin Leffler on behalf of BPS Direct, L.L.C., Cabela's L.L.C. Attorney Lindsey Knapton is seeking special admission. Filing fee $ 50, receipt number APAMDC-6321850.. (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 22, 2023 Filing 23 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erin Leffler on behalf of BPS Direct, L.L.C., Cabela's L.L.C. Attorney Anna Gadberry is seeking special admission. Filing fee $ 50, receipt number APAMDC-6321848.. (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 22, 2023 Filing 22 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erin Leffler on behalf of BPS Direct, L.L.C., Cabela's L.L.C. Attorney Jennifer McLoone is seeking special admission. Filing fee $ 50, receipt number APAMDC-6321842.. (Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 22, 2023 Opinion or Order Filing 21 ORDER - it is hereby ORDERED that defendants motion (Doc. 13) to dismiss the complaint (Doc. 1) is DENIED as moot and without prejudice. Defendants shall respond to the amended complaint (Doc. 20) in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 6/22/2023 (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 16, 2023 Filing 20 AMENDED COMPLAINT -- First Amended Class Action Complaint against BPS Direct, L.L.C., Cabela's L.L.C., filed by David Irvin.(Schwartz, Steven) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 7, 2023 Opinion or Order Filing 19 ORDER granting #18 Motion to Extend Time - Plaintiffs deadline to file an opposition to Defendants Motion to Dismiss filed on May 26, 2023, is extended by fourteen (14) days to June 23, 2023. In addition, Plaintiff shall file and serve an Amended Complaint on Defendants no later than June 16, 2023. Defendants Answer to Plaintiffs Amended Complaint or Motion to Dismiss shall be filed no later than July 14, 2023. Signed by Honorable Christopher C. Conner on 6/7/2023 (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 6, 2023 Filing 18 MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss by David Irvin. (Attachments: #1 Proposed Order)(Kashurba, Alex) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 6, 2023 Filing 17 NOTICE of Appearance by Joshua Arisohn on behalf of David Irvin (Arisohn, Joshua) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 6, 2023 Opinion or Order Filing 16 ORDER granting #15 Motion to Continue - Case Management Conference CONTINUED TO 7/13/2023 at 03:00 PM before Honorable Christopher C. Conner. All other aspects of the court's scheduling order (Doc. 10) remain in full force and effect. Signed by Honorable Christopher C. Conner on 6/6/2023 (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
June 5, 2023 Filing 15 Joint MOTION to Continue Case Management Conference by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Certificate of Concurrence)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
May 26, 2023 Filing 14 BRIEF IN SUPPORT with Word Count Certification re #13 MOTION to Dismiss for Failure to State a Claim filed by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Certificate of Nonconcurrence, #2 Exhibit(s) Exhibits Table of Contents, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
May 26, 2023 Filing 13 MOTION to Dismiss for Failure to State a Claim by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Proposed Order)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
May 24, 2023 Filing 12 SPECIAL ADMISSIONS FORM APPROVED as to Joshua Arisohn. Signed by Honorable Christopher C. Conner on 5/24/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
May 24, 2023 DOCKET ANNOTATION: Attorney and associate counsel in good standing, bar status verified. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
May 18, 2023 Filing 11 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alex Kashurba on behalf of David Irvin Attorney Joshua Arisohn is seeking special admission. Filing fee $ 50, receipt number APAMDC-6289792., filed by on behalf of David Irvin.(Kashurba, Alex)[Transferred from Pennsylvania Middle on 10/17/2023.]
May 12, 2023 Opinion or Order Filing 10 SCHEDULING ORDER - Case Management Conference set for 6/7/2023 at 02:00 PM before Honorable Christopher C. Conner. At least five days before the conference,counsel shall file their joint case management plan with the court. Signed by Honorable Christopher C. Conner on 5/12/2023. (Attachments: #1 Term. Calendar)(mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 20, 2023 Filing 9 VERBAL ORDER - It is ORDERED that the motion #8 is GRANTED and defendants shall have until May 26, 2023, to answer or otherwise respond to the complaint. Signed by Honorable Christopher C. Conner on 4/20/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 19, 2023 Filing 8 Unopposed MOTION for Extension of Time to for Defendants to Respond to Plaintiff's Complaint by BPS Direct, L.L.C., Cabela's L.L.C.. (Attachments: #1 Certificate of Concurrence, #2 Certificate of Service, #3 Proposed Order)(Leffler, Erin) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 13, 2023 Filing 7 SPECIAL ADMISSIONS FORM APPROVED as to Steven A. Schwartz. Signed by Honorable Christopher C. Conner on 4/13/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 13, 2023 Filing 6 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alex Kashurba on behalf of David Irvin Attorney Steven Schwartz is seeking special admission. Filing fee $ 50, receipt number APAMDC-6257739., filed by on behalf of David Irvin.(Kashurba, Alex) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 13, 2023 DOCKET ANNOTATION: Attorney Schwartz is directed to file for special admission or make arrangements to be generally admitted. (ea) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 13, 2023 DOCKET ANNOTATION: Attorney and associate counsel in good standing, bar status verified. (ibr) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 12, 2023 Filing 5 SUMMONS Returned Executed by David Irvin. BPS Direct, L.L.C. served on 4/10/2023, answer due 5/1/2023. (Kashurba, Alex) [Transferred from Pennsylvania Middle on 10/17/2023.]
April 12, 2023 Filing 4 SUMMONS Returned Executed by David Irvin. Cabela's L.L.C. served on 3/30/2023, answer due 4/20/2023. (Kashurba, Alex) [Transferred from Pennsylvania Middle on 10/17/2023.]
March 29, 2023 Opinion or Order Filing 3 ORDER re Case Assignment and Procedures. Signed by Honorable Christopher C. Conner on 3/29/2023. (mw) [Transferred from Pennsylvania Middle on 10/17/2023.]
March 28, 2023 Filing 2 Summons Issued as to BPS Direct, L.L.C., & Cabela's L.L.C. and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (rw) [Transferred from Pennsylvania Middle on 10/17/2023.]
March 28, 2023 Filing 1 COMPLAINT against BPS Direct, L.L.C., Cabela's L.L.C. ( Filing fee $402, Receipt Number APAMDC-6241779), filed by David Irvin. (Attachments: #1 Civil Cover Sheet)(rw) [Transferred from Pennsylvania Middle on 10/17/2023.]

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Plaintiff: David Irvin
Represented By: Alex Kashurba
Represented By: JOSHUA D. ARISOHN
Represented By: PHILIP L. FRAIETTA
Represented By: Steven A Schwartz
Represented By: ALEX M. KASHURBA
Represented By: CHRISTOPHER R. REILLY
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Defendant: CABELA'S L.L.C.
Represented By: Anna A. Gadberry
Represented By: Erin Leffler
Represented By: JENNIFER A. MCLOONE
Represented By: Lindsey M. Knapton
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Defendant: BPS DIRECT, LLC
Represented By: Anna A. Gadberry
Represented By: Erin Leffler
Represented By: JENNIFER A. MCLOONE
Represented By: Lindsey M. Knapton
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