IN RE: BPS DIRECT, LLC, AND CABELAS, LLC, WIRETAPPING LITIGATION
| Timothy Durham, Arlie Tucker, GREG MOORE, PETER MONTECALVO and BRITTANY VONBERGEN |
| IN RE: BPS DIRECT, LLC, AND CABELAS, LLC, WIRETAPPING LITIGATION |
| 2:2023md03074 |
| June 12, 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 81
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 TO LIAISON COUNSEL.(mbh)
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| Filing 80 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Telephone Motion Hearing held on 11/17/23. Court Reporter: Kim Haley. (mbh) |
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Filing 79
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 TO LIAISON COUNSEL.(mbh)
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Filing 78
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE IS GRANTED AND JASON K. WARD, ESQUIRE IS ADMITTED TO PRACTICE IN THIS CASE IN THIS COURT UNDER LOCAL RULE 83.5.2(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 11/14/23. 11/14/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 77 MOTION for Pro Hac Vice of Jason K. Ward ( Filing fee $ 75 receipt number APAEDC-17068483.) filed by BPS DIRECT, LLC, CABELA'S L.L.C..Certificate of Service. (Attachments: #1 Certificate of Service, #2 Affidavit, #3 Text of Proposed Order)(LOUCKS, ERIN) |
| Filing 76 RESPONSE in Opposition re #74 MOTION to Compel Production of Session Data filed by BPS DIRECT, LLC, CABELA'S L.L.C.. (Attachments: #1 Exhibit Declaration of Doug Cadmus, #2 Certificate of Service)(MCLOONE, JENNIFER) |
| Filing 75 Memorandum in Support re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) Response to Plaintiffs' Supplemental Memorandum in Opposition to Motion to Dismiss filed by BPS DIRECT, LLC, CABELA'S L.L.C.. (Attachments: #1 Certificate of Service)(MCLOONE, JENNIFER) |
| Filing 74 MOTION to Compel Production of Session Data filed by BRIAN CALVERT, HEATHER CORNELL, Timothy Durham, MARILYN HERNANDEZ, PETER MONTECALVO, GREG MOORE, Arlie Tucker, BRITTANY VONBERGEN.Declaration, Certificate of Counsel. (Attachments: #1 Declaration of Carey Alexander, #2 Exhibit 1 - Plaintiffs First Set of Discovery Requests to Defendants dated August 14, 2023, #3 Exhibit 2 - Defendants Responses to Plaintiffs First Requests for Production dated September 27, 2023, #4 Exhibit 3 - Plaintiffs Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, directed to Quantum Metric, Inc. dated September 1, 2023, #5 Exhibit 4 - Quantum Metric, Inc.s Objections and Responses to Plaintiffs Subpoena for Production of Business Records, dated October 13, 2023, #6 Exhibit 5 - Emails exchanged between Plaintiffs and Defendants between October 23, 2023 and October 30, 2023, #7 Exhibit 6 - Emails exchanged between Plaintiffs and Defendants between October 31, 2023 and November 7, 2023, #8 Text of Proposed Order)(COLELLA, NICHOLAS) |
| Filing 73 Memorandum in Opposition re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) re: Supplemental Memorandum in Opposition to Motion to Dismiss filed by BRIAN CALVERT, HEATHER CORNELL, Timothy Durham, MARILYN HERNANDEZ, PETER MONTECALVO, GREG MOORE, Arlie Tucker, BRITTANY VONBERGEN. (COLELLA, NICHOLAS) |
| Filing 72 Memorandum in Support re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) Supplemental Memorandum Pursuant to ECF 71 filed by BPS DIRECT, LLC, CABELA'S L.L.C.. (Attachments: #1 Exhibit Leffler - Notice of Trial, #2 Exhibit McLoone - Notice of Trial, #3 Certificate of Service)(MCLOONE, JENNIFER) |
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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)
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| 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) |
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Filing 69
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE IS GRANTED AND MAVRIC RAY SEARLE, ESQUIRE IS ADMITTED TO PRACTICE IN THIS CASE IN THIS COURT UNDER LOCAL RULE 83.5.2(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 10/25/23. 10/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 68 MOTION for Pro Hac Vice of Maveric Ray Searle ( Filing fee $ 75 receipt number APAEDC-17028741.) filed by BPS DIRECT, LLC, CABELA'S INC..Affidavit, Certificate of Service. (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Text of Proposed Order)(LOUCKS, ERIN) |
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Filing 67
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 66 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. Telephone Status Conference held on 10/23/23. Court Reporter: Lynn Gligor. (mbh) |
| Filing 65 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) |
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Filing 64
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)
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| Filing 63 STATUS REPORT Proposed Agenda for Status Conference by PLAINTIFF(S). (BAXTER-KAUF, KATE) |
| Filing 62 NOTICE by BRIAN CALVERT, HEATHER CORNELL, Timothy Durham, MARILYN HERNANDEZ, PETER MONTECALVO, GREG MOORE, Arlie Tucker, BRITTANY VONBERGEN re: Notice of Sworn Time & Expense Spreadsheet (Attachments: #1 Exhibit)(COLELLA, NICHOLAS) |
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Filing 61
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 AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 60 NOTICE by BPS DIRECT, LLC, CABELA'S L.L.C. re #59 Order,,, NOTICE OF COMPLIANCE (Attachments: #1 Certificate of Service)(MCLOONE, JENNIFER) |
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Filing 59
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 58 TRANSFER ORDER THAT THE ACTION LISTED ON SCHEDULE A IS TRANSFERRED TO THE EASTERN DISTRICT OF PENNSYLVANIA AND, WITH THE CONSENT OF THAT COURT, ASSIGNED TO THE HONORABLE MARK A. KEARNEY FOR INCLUSION IN THE COORDINATED AND CONSOLIDATED PRETRIAL PROCEEDINGS. (mbh) |
| Filing 57 REPLY to Response to Motion re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) filed by BPS DIRECT, LLC, CABELA'S L.L.C.. (MCLOONE, JENNIFER) |
| Filing 56 RESPONSE in Opposition re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) filed by BRIAN CALVERT, HEATHER CORNELL, Timothy Durham, MARILYN HERNANDEZ, Arlie Tucker, GREG MOORE, PETER MONTECALVO, BRITTANY VONBERGEN. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(COLELLA, NICHOLAS) |
| Filing 55 NOTICE by BPS DIRECT, LLC, CABELA'S L.L.C. re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF MOTION TO DISMISS (Attachments: #1 Exhibit A-Straubmuller v JetBlue Airways Corp, #2 Exhibit B-Adams v. PSP Group LLC, #3 Exhibit C-Jones v Bloomingdales.com LLC)(MCLOONE, JENNIFER) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM under Rule 12(b)(6), MOTION to Dismiss for Lack of Jurisdiction under Rule 12(b)(1) filed by BPS DIRECT, LLC, CABELA'S L.L.C..Memorandum, Certificate of Counsel, Certificate of Service. (Attachments: #1 Memorandum, #2 Appendix 1, #3 Text of Proposed Order, #4 Certificate of Service, #5 Declaration Certificate of Counsel)(LOUCKS, ERIN) |
| Filing 53 AMENDED COMPLAINT Plaintiffs' Consolidated Class Action Complaint against BPS DIRECT, LLC, CABELA'S L.L.C., filed by PLAINTIFF(S). (Attachments: #1 Exhibit Exhibits A-B)(BAXTER-KAUF, KATE) |
| Filing 52 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. (mbh). |
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Filing 51
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)
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Filing 50
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)
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| Filing 49 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 48
ORDER THAT TIFFANY M. YIATRAS, ESQ. IS REINSTATED AND MAY PRACTICE PRO HAC VICE IN THIS MATTER. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/25/23. 7/25/23 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (mbh)
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| Filing 47 Report Of Rule 26(f) Meeting by PLAINTIFF(S). (BAXTER-KAUF, KATE) |
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Filing 46
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.(amas)
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Filing 45
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 44 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PLAINTIFF(S).(KANEE, JOSEPH) |
| Filing 43 Disclosure of Citizenship in Diversity Cases by HEATHER CORNELL . (COLELLA, NICHOLAS) |
| MAILED OUT ORDER ENTRY #41 TO COUNSEL ON 7/7/23. (jaa, ) |
| Filing 42 STATUS REPORT JOINT STATUS REPORT by BPS DIRECT, LLC, CABELA'S L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B)(MCLOONE, JENNIFER) |
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Filing 41
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 40 NOTICE of Appearance by TIFFANY M. YIATRAS on behalf of Arlie Tucker with Certificate of Service(YIATRAS, TIFFANY) |
| Filing 39 NOTICE of Appearance by Francis J Flynn, Jr on behalf of Timothy Durham with Certificate of Service(Flynn, Francis) |
| Filing 38 Disclosure of Citizenship in Diversity Cases by IN RE: BPS DIRECT, LLC, AND CABELAS, LLC, WIRETAPPING LITIGATION, PLAINTIFF(S) Timothy Durham. (Gibson, MaryBeth) |
| Filing 37 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 PLAINTIFF(S)..(Gibson, MaryBeth) |
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Filing 36
ORDER THAT THE MOTION FOR ADMISSION PRO HAC VICE IS GRANTED AND JOSEPH H. KANEE, ESQUIRE IS ADMITTED TO PRACTICE IN THIS CASE IN THIS COURT UNDER LOCAL RULE 83.5.2(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/23. 7/6/23 ENTERED AND COPIES E-MAILED.(mbh)
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| Filing Fee for PRO HAC VICE by BPS DIRECT, LLC, CABELA'S L.L.C.. (Filing Fee $75, receipt number APAEDC-16793783). (MCLOONE, JENNIFER) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16793791). (Berg, Maureen) |
| Filing Fee for PRO HAC VICE by Timothy Durham. (Filing Fee $75, receipt number APAEDC-16794167). (Flynn, Francis) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16793611). (BAXTER-KAUF, KATE) |
| COPY OF DOC. NOS. 29 AND 32 HAVE BEEN MAILED TO COUNSEL. (bw) |
| Copies of Orders 27 & 28 mailed to Counsel. (fdc) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16793559). (RIEBEL, KAREN) |
| Filing 35 NOTICE of Appearance by TIFFANY M. YIATRAS on behalf of PLAINTIFF(S) with Certificate of Service(YIATRAS, TIFFANY) |
| Filing 34 Second MOTION for Pro Hac Vice of Joseph Kanee ( Filing fee $ 75 receipt number APAEDC-16793068.) filed by PLAINTIFF(S).Affidavit. (Attachments: #1 Affidavit of Joseph Kanee, #2 Text of Proposed Order)(MARCUS, ARI) |
| Filing 33 Disclosure of Citizenship in Diversity Cases by MARILYN HERNANDEZ . (NATHAN, STEVEN) |
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Filing 32
ORDER THAT PLAINTIFFS' MOTIONS TO STAY RE DENIED AS WITHDRAWN. 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 31 Disclosure of Citizenship in Diversity Cases by PLAINTIFF(S) Peter Montecalvo. (ALEXANDER, CAREY) |
| Filing 30 NOTICE of Withdrawal of Motions (COLELLA, NICHOLAS) |
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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 28
ORDER THAT NONCOMPLIANT MOTION OF JOSEPH H. KANEE, ESQUIRE FOR ADMISSION PRO HAC VICE IS DENIED WITHOUT PREJUDICE TO MOVE COMPLIANT WITH OUR POLICIES AND PROCEDURES (MAY 2023) SECTION I.(K). 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 27
ORDER THAT DEFENDANTS' MOTION TO TRANSFER AND MOTION TO CONSOLIDATE ARE DENIED AS WITHDRAWN. 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 PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792308). (ALEXANDER, CAREY) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792320). (Gibson, MaryBeth) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792268). (GUGLIELMO, JOSEPH) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792324). (Binder, Ethan) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792963). (Tack, Rachel) |
| Filing Fee for PRO HAC VICE by IN RE: BPS DIRECT, LLC, AND CABELAS, LLC, WIRETAPPING LITIGATION, PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16793208). (YIATRAS, TIFFANY) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792956). (LAIRD, MICHAEL) |
| Filing Fee for PRO HAC VICE by PLAINTIFF(S). (Filing Fee $75, receipt number APAEDC-16792906). (GUDMUNDSON, BRIAN) |
| Filing 26 Consent MOTION for Pro Hac Vice Admission of Joseph Kanee ( Filing fee $ 75 receipt number APAEDC-16788924.) filed by PLAINTIFF(S).Motion. (Attachments: #1 Affidavit of Joseph Kanee, #2 Text of Proposed Order)(MARCUS, ARI) |
| Filing 25 NOTICE of Withdrawal of Motions (MCLOONE, JENNIFER) |
| Filing 24 Disclosure Statement Form pursuant to FRCP 7.1 including Bass Pro, LLC; Huntsman Holdings, LLC; American Sportsman Holdings Co.; Cabela's Wholesale, L.L.C.; Bass Pro Outdoor World, LLC; with Certificate of Service by BPS DIRECT, LLC, CABELA'S L.L.C., CABELA'S RETAIL MO, LLC.(MCLOONE, JENNIFER) |
| Filing 23 NOTICE of Appearance by JENNIFER A. MCLOONE on behalf of BPS DIRECT, LLC, CABELA'S L.L.C. (Attachments: #1 Exhibit A-Notice of Appearance in Master Case MDL 3074)(MCLOONE, JENNIFER) |
| Filing 22 NOTICE of Appearance by MaryBeth V. Gibson on behalf of PLAINTIFF(S) (Gibson, MaryBeth) |
| Filing 21 NOTICE of Appearance by ERIN P. LOUCKS on behalf of BPS DIRECT, LLC, CABELA'S INC., CABELA'S L.L.C. with Certificate of Service(LOUCKS, ERIN) |
| Filing 20 CERTIFICATE OF SERVICE by BPS DIRECT, LLC, CABELA'S INC., CABELA'S L.L.C., CABELA'S RETAIL MO, LLC (LOUCKS, ERIN) |
| Filing 19 NOTICE of Appearance by JONATHAN M. JAGHER on behalf of MARILYN HERNANDEZ with Certificate of Service(JAGHER, JONATHAN) |
| Filing 18 NOTICE of Appearance by Rachel Kristine Tack on behalf of PLAINTIFF(S) with Certificate of Service(Tack, Rachel) |
| Filing 17 NOTICE of Appearance by MICHAEL J. LAIRD on behalf of PLAINTIFF(S) with Certificate of Service(LAIRD, MICHAEL) |
| Filing 16 NOTICE of Appearance by BRIAN C. GUDMUNDSON on behalf of PLAINTIFF(S) with Certificate of Service(GUDMUNDSON, BRIAN) |
| Filing 15 NOTICE of Appearance by NICHOLAS A. COLELLA on behalf of BRIAN CALVERT, HEATHER CORNELL with Certificate of Service(COLELLA, NICHOLAS) |
| Filing 14 NOTICE of Appearance by GARY F. LYNCH on behalf of BRIAN CALVERT, HEATHER CORNELL with Certificate of Service(LYNCH, GARY) |
| Filing 13 NOTICE of Appearance by JAMES J. PIZZIRUSSO on behalf of MARILYN HERNANDEZ with Certificate of Service(PIZZIRUSSO, JAMES) |
| Filing 12 NOTICE of Appearance by STEVEN M. NATHAN on behalf of MARILYN HERNANDEZ with Certificate of Service(NATHAN, STEVEN) |
| MAILED OUT ORDER ENTRIES #3 #4 TO COUNSEL ON 6/27/23. (jaa, ) |
| Filing Fee for PRO HAC VICE by MARILYN HERNANDEZ. (Filing Fee $75, receipt number APAEDC-16778863). (PIZZIRUSSO, JAMES) |
| Filing Fee for PRO HAC VICE by MARILYN HERNANDEZ. (Filing Fee $75, receipt number APAEDC-16778859). (NATHAN, STEVEN) |
| Filing 11 NOTICE of Appearance by Maureen Kane Berg on behalf of PLAINTIFF(S) with with Certificate of Service(Berg, Maureen) |
| Filing 10 NOTICE of Appearance by KAREN HANSON RIEBEL on behalf of PLAINTIFF(S) with with Certificate of Service(RIEBEL, KAREN) |
| Filing 9 NOTICE of Appearance by KATE MARIE BAXTER-KAUF on behalf of PLAINTIFF(S) with with Certificate of Service(BAXTER-KAUF, KATE) |
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Filing 8
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) (Main Document 8 replaced on 6/27/2023) (mbh).
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| Filing 7 NOTICE of Appearance by JOSEPH P. GUGLIELMO on behalf of PLAINTIFF(S) with Certificate of Service(GUGLIELMO, JOSEPH) |
| Filing 6 NOTICE of Appearance by Ethan Samuel Binder on behalf of PLAINTIFF(S) with Certificate of Service(Binder, Ethan) |
| Filing 5 NOTICE of Appearance by CAREY ALEXANDER on behalf of PLAINTIFF(S) with Certificate of Service(ALEXANDER, CAREY) |
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Filing 4
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) (Main Document 4 replaced on 6/27/2023) (mbh).
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Filing 3
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 2 Certified Copy of Conditional Transfer Order (CTO-1). Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of Pennsylvania for the reasons stated in the order of June 2, 2023, and, with the consent of that court, assignedto the Honorable Mark A. Kearney. (mbh) (Main Document 2 replaced on 6/15/2023) (mbh). |
| Filing 1 TRANSFER ORDER THAT THE ACTIONS LISTED ON SCHEDULE A AND PENDING OUTSIDE THE EASTERN DISTRICT OF PENNSYLVANIA ARE TRANSFERRED TO THE EASTERN DISTRICT OF PENNSYLVANIA AND, WITH THE CONSENT OF THAT COURT, ASSIGNED TO THE HONORABLE MARK A. KEARNEY FOR COORDINATED AND CONSOLIDATED PRETRIAL PROCEEDINGS. (mbh) |
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