Farst v. Autozone, Inc.
Plaintiff: Matthew Farst
Defendant: Autozone, Inc.
Case Number: 1:2022cv01435
Filed: September 14, 2022
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Christopher C Conner
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2023 Opinion or Order Filing 55 ORDER (Memorandum filed previously as separate docket entry) - it is hereby ORDERED that AutoZones motion (Doc. 43) to dismiss is GRANTED. Farsts complaint is DISMISSED without prejudice for want of subject-matter jurisdiction. AutoZones motion (Doc. 11) to dismiss for failure to state a claim is DENIED as moot. Farst is granted leave to file an amended complaint within 21 days of the date of this order as set forth in the accompanying memorandum. Signed by Honorable Christopher C. Conner on 11/1/2023 (mw)
November 1, 2023 Filing 54 MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 11/1/2023. (mw)
October 31, 2023 Filing 53 NOTICE by Autozone, Inc. Of Supplemental Authority (Monagle, James)
October 31, 2023 Filing 52 RESPONSE by Autozone, Inc. to #51 Notice Regarding Plaintiff's Supplemental Authority. (Monagle, James)
October 23, 2023 Filing 51 NOTICE by Matthew Farst re #46 Memorandum of Law Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss under FRCP 12(b)(1) (Attachments: #1 Exhibit(s) Exhibit A)(Kanee, Joseph)
October 18, 2023 Filing 50 BRIEF by Autozone, Inc.. Amendment to #46 Memorandum of Law in Reply To Opposition, filed by Autozone, Inc.. Related document: #46 Memorandum of Law filed by Autozone, Inc..(Monagle, James)
October 4, 2023 Filing 49 MEMORANDUM OF LAW by Matthew Farst re #46 Memorandum of Law in Opposition to Defendant's Motion to Dismiss under FRCP 12(b)(1). (Kanee, Joseph)
September 20, 2023 Opinion or Order Filing 48 ORDER granting #47 Motion to Stay. Signed by Honorable Christopher C. Conner on 9/20/2023 (mw)
September 19, 2023 Filing 47 MOTION to Stay Discovery Pending Ruling On Motion To Dismiss For Lack Of Standing by Autozone, Inc.. (Attachments: #1 Memo, #2 Proposed Order)(Monagle, James)
September 19, 2023 Filing 46 MEMORANDUM OF LAW by Autozone, Inc. re #45 Order,, #43 Notice . (Monagle, James)
September 1, 2023 Opinion or Order Filing 45 ORDER - it is hereby ORDERED that the court construes defendants notice (Doc. 43) of supplemental authority as a motion to dismiss the complaint for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Defendant shall file a brief in support of its construed motion no later than September 19, 2023. Defendants motion (Doc. 11) to dismiss pursuant to Rule 12(b)(6) is held in abeyance and shall be administratively terminated for statistical purposes only pending the courts resolution of the question of subject-matter jurisdiction. Signed by Honorable Christopher C. Conner on 9/1/2023. (mw)
August 30, 2023 Filing 44 EXHIBIT A To Notice of Supplemental Authority In Support Of Motion To Dismiss by Autozone, Inc. re #43 Notice. (Monagle, James)
August 30, 2023 Filing 43 NOTICE by Autozone, Inc. of Supplemental Authority in Support of Motion to Dismiss (Monagle, James)
August 22, 2023 Filing 42 NOTICE by Matthew Farst Plaintiff's Fifth Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit(s) Exhibit A)(Kanee, Joseph)
August 1, 2023 Opinion or Order Filing 41 ORDER - it is hereby ORDERED that Defendants motion (Doc. 29) to bifurcate discovery is DENIED. The parties proposed case management schedule (Doc. 40) is ADOPTED as modified - Fact Discovery due 1/3/2024. Dispositive motions due 4/3/2024. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/1/2023 (mw)
July 31, 2023 Filing 40 STATUS REPORT re Mediation by Matthew Farst. (Kanee, Joseph)
May 17, 2023 Opinion or Order Filing 39 ORDER granting #38 Motion to Stay. Signed by Honorable Christopher C. Conner on 5/17/2023 (mw)
May 17, 2023 Filing 38 Joint MOTION to Stay Pending Mediation by Autozone, Inc..(Monagle, James)
April 27, 2023 Opinion or Order Filing 37 ORDER granting #36 Stipulation filed by Autozone, Inc. Signed by Honorable Christopher C. Conner on 4/27/2023. (mw)
April 27, 2023 Filing 36 STIPULATION DISCOVERY CONFIDENTIALITY ORDER by Autozone, Inc.. (Contino, Catherine)
March 29, 2023 Filing 35 NOTICE by Matthew Farst Plaintiff's Fourth Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit(s))(Kanee, Joseph)
March 24, 2023 Filing 34 REPLY BRIEF re #29 MOTION to Bifurcate Discovery filed by Autozone, Inc..(Monagle, James)
March 10, 2023 Filing 33 BRIEF IN OPPOSITION re #29 MOTION to Bifurcate Discovery filed by Matthew Farst.(Kanee, Joseph)
March 3, 2023 Filing 32 NOTICE by Matthew Farst Third Notice of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit(s) A - Williams v DDR)(Kanee, Joseph)
March 2, 2023 Filing 31 NOTICE by Matthew Farst (Second) of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit(s) A - Byars v. Tire)(Kanee, Joseph)
February 21, 2023 Filing 30 BRIEF IN SUPPORT re #29 MOTION to Bifurcate Discovery filed by Autozone, Inc.. (Attachments: #1 Certificate of Service)(Monagle, James)
February 21, 2023 DOCKET ANNOTATION: Counsel is advised to refile their Brief in Support to Document 29 as a separate document. This event is located under Responses and Replies. (aaa)
February 17, 2023 Filing 29 MOTION to Bifurcate Discovery by Autozone, Inc.. (Attachments: #1 Memo of Law in Support, #2 Declaration of James F. Monagle, #3 Proposed Order, #4 Certificate of Service)(Monagle, James)
February 14, 2023 Filing 28 SPECIAL ADMISSIONS FORM APPROVED as to Joseph Kanee. Signed by Honorable Christopher C. Conner on 2/14/2023. (mw)
January 23, 2023 Filing 27 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Autozone, Inc.. (Monagle, James)
January 6, 2023 Filing 26 NOTICE by Matthew Farst of Supplemental Authority in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit(s) A - Javier v. Assur. IQ)(Kanee, Joseph)
December 28, 2022 Filing 25 SUR REPLY to REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Opposition filed by Matthew Farst.(Kanee, Joseph)
December 21, 2022 Filing 24 VERBAL ORDER - It is ORDERED that the motion #23 is GRANTED and plaintiff may file a sur-reply brief as requested within 7 days of todays date. Signed by Honorable Christopher C. Conner on 12/21/2022. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw)
December 20, 2022 Filing 23 Unopposed MOTION for Leave to File Sur-Reply by Matthew Farst.(Kanee, Joseph)
December 19, 2022 Filing 22 REPLY BRIEF re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Autozone, Inc..(Monagle, James)
December 16, 2022 Filing 21 CIVIL PRACTICE ORDER - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 12/16/2022. (mw)
December 16, 2022 Filing 20 CASE MANAGEMENT ORDER - Fact Discovery due by 10/4/2023. Dispositive Motions due by 1/3/2024. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 12/16/2022. (mw)
December 15, 2022 Filing 18 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Joseph Kanee on behalf of Matthew Farst Attorney Joseph Kanee is seeking special admission. Filing fee $ 50, receipt number APAMDC-6145036.. (Kanee, Joseph)
December 15, 2022 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)
December 9, 2022 Filing 17 CASE MANAGEMENT PLAN Joint Case Management Plan by Autozone, Inc.. (Monagle, James)
December 5, 2022 Filing 16 BRIEF IN OPPOSITION re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Farst.(Zelman, Yitzchak)
December 2, 2022 Filing 15 SPECIAL ADMISSIONS FORM APPROVED as to Yitzchak Zelman. Signed by Honorable Christopher C. Conner on 12/2/2022. (mw)
December 2, 2022 Filing 14 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Yitzchak Zelman on behalf of Matthew Farst Attorney Yitzchak Zelman is seeking special admission. Filing fee $ 50, receipt number APAMDC-6133604.. (Zelman, Yitzchak)
December 2, 2022 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)
November 22, 2022 Filing 13 SPECIAL ADMISSIONS FORM APPROVED as to James Francis Monagle. Signed by Honorable Christopher C. Conner on 11/22/2022. (mw)
November 22, 2022 DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)
November 21, 2022 Filing 12 BRIEF IN SUPPORT re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Autozone, Inc.. (Attachments: #1 Certificate of Service)(Contino, Catherine)
November 21, 2022 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Autozone, Inc.. (Attachments: #1 Proposed Order, #2 Declaration in Support of Motion to Dismiss & Exhibits, #3 Certificate of Service)(Contino, Catherine)
November 21, 2022 Filing 10 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Catherine M Contino on behalf of Autozone, Inc. Attorney James Monagle is seeking special admission. Filing fee $ 50, receipt number APAMDC-6124398.. (Contino, Catherine)
November 14, 2022 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer. Defendants Answer to Plaintiffs Complaint is due November 21, 2022. Signed by Honorable Christopher C. Conner on 11/14/2022 (mw)
November 11, 2022 Filing 8 Second MOTION for Extension of Time to File Answer re #1 Complaint by Autozone, Inc..(Contino, Catherine)
November 7, 2022 Opinion or Order Filing 7 SCHEDULING ORDER: Case Management Conference set for 12/15/2022 at 10:00 AM 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 11/7/2022. (Attachments: #1 Term. Calendar)(mw)
October 24, 2022 Opinion or Order Filing 6 ORDER granting #5 Motion to Extend Time - Defendants Response to Plaintiffs Complaint is due November 11, 2022. Signed by Honorable Christopher C. Conner on 10/24/2022 (mw)
October 24, 2022 Filing 5 Unopposed MOTION for Extension of Time to to Respond to Complaint by Autozone, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Contino, Catherine)
September 28, 2022 Filing 4 SUMMONS Returned Executed by Matthew Farst. Autozone, Inc. served on 9/21/2022, answer due 10/12/2022. (Marcus, Ari)
September 15, 2022 Filing 3 Summons Issued as to Autozone, Inc. 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) (dw)
September 15, 2022 Opinion or Order Filing 2 ORDER re Case Assignment and Procedures. Signed by Honorable Christopher C. Conner on 9/15/2022. (mw)
September 14, 2022 Filing 1 COMPLAINT against Autozone, Inc. ( Filing fee $402, Receipt Number APAMDC-6059463), filed by Matthew Farst. (Attachments: #1 Civil Cover Sheet)(jw)

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Plaintiff: Matthew Farst
Represented By: Ari H Marcus
Represented By: Yitzchak Zelman
Represented By: Joseph Kanee
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Defendant: Autozone, Inc.
Represented By: Catherine M Contino
Represented By: James Monagle
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