GELLATLY et al v. DDR CORP.
| EMILY GELLATLY and CEARA NARIO-REDMOND |
| DDR CORP. |
| 1:2017cv00147 |
| June 6, 2017 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Barbara Rothstein |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.
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Order: Adopting the Plaintiffs' Notice of Voluntary Dismissal of Action #52 , IT IS HEREBY ORDERED that this action is voluntarily dismissed with prejudice as against Defendant DDR Corp. Signed by Judge Barbara Rothstein on 11/14/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (fdr)
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| Filing 52 NOTICE of Voluntary Dismissal by EMILY GELLATLY (Sweet, Benjamin) |
| Filing 51 STATUS REPORT by EMILY GELLATLY, CEARA NARIO-REDMOND. (Sweet, Benjamin) |
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Minute Order: the Parties request #51 an extended deadline of not later than November 9, 2018 to file dismissal papers. The request is GRANTED. Signed by Judge Barbara Rothstein. Text-only entry; no PDF document will issue. (fdr)
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| Filing 50 MINUTE ORDER: Plaintiffs have notified the Court that this matter has settled #49 . Having considered the parties' joint request for a 30 day enlargement of all deadlines, the Court hereby GRANTS the parties' request. Plaintiffs shall file their stipulation of dismissal no later than October 5, 2018, or inform the Court as to why they cannot do so. SO ORDERED. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court on the matter. (fdr) |
| Filing 49 NOTICE of Settlement by DDR CORP. (Thomas, Emily) |
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Filing 48
ORDER On January 16, 2018 the Court granted the motion by Defendant DDR Corp for a stay of this action pending a decision by the Third Circuit Court of Appeals in the case of Mielo v. Steak N' Shake Operations, Inc., Case No. 2:15-cv-180-RCM (W.D. Pa.), Case No. 17-2678 (3d Cir.). The Third Circuit Court of Appeals filed its opinion in that case on July 26, 2018. The Court therefore hereby lifts the stay in this case and directs the parties to submit a joint status report (JSR), to include a summary of the impact of the Third Circuits ruling in Mielo on this case, an outline of issues that remain for disposition, and a proposed amended case schedule. The JSR shall be filed on or before September 7, 2018. Signed by Judge Barbara Rothstein on 8/20/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Rothstein, Barbara)
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Filing 47
ORDER: Standing Order filed to reflect the addition of the following language in Section 2(C): "But see Section F(1) infra, for conferral requirements as to motions to dismiss." Signed by Judge Barbara Rothstein on 2/13/18. (Rothstein, Barbara)
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Filing 46
ORDER granting #36 Motion to Stay; This matter is STAYED until such time as the Third Circuit Court of Appeals renders its decision in Mielo v. Steak N' Shake Operations, Inc. Defendants pending motion to transfer venue (ECF #39 ), and motion to dismiss and to strike plaintiffs' class allegations (ECF #27 ) are stricken with leave to renote once the stay is lifted. Signed by Judge Barbara Rothstein on 01/16/2018. (nk)
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| Filing 45 REPLY BRIEF re #39 Motion to Change Venue filed by DDR CORP.. (Sowell, Robert) |
| Filing 44 REPLY BRIEF re #36 Motion to Stay filed by DDR CORP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Sowell, Robert) |
| Filing 43 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 12/8/2017. (White, David) |
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Filing 42
ORDER that a Joint Status or Report of Mediation be filed by noon on 12/14/2017. Signed by Judge Arthur J. Schwab on 12/11/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)
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| Filing 41 BRIEF in Opposition re #39 Motion to Change Venue filed by EMILY GELLATLY, CEARA NARIO-REDMOND. (Sweet, Benjamin) |
| Filing 40 BRIEF in Opposition re #36 Motion to Stay filed by EMILY GELLATLY, CEARA NARIO-REDMOND. (Attachments: #1 Exhibit A - Plaintiffs' First Set of Discovery Requests, #2 Exhibit B - Defendant's Answers and Responses to Discovery Requests) (Sweet, Benjamin) |
| Filing 39 MOTION to Change Venue Pursuant to 28 USC Sec. 1404 and Brief in Support by DDR CORP.. (Attachments: #1 Exhibit A, Declaration) (Thomas, Emily) |
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Filing 38
ORDER granting #32 Motion for Robert D. Sowell to Appear Pro Hac Vice.; granting #33 Motion for Brian C. Blair to Appear Pro Hac Vice. Signed by Judge Barbara Rothstein on 11/15/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk) Modified on 11/16/2017. (nk)
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| Filing 37 REPLY to Response to Motion re #31 Brief in Opposition to Motion to Dismiss and to Strike Class Allegations filed by DDR CORP.. (Thomas, Emily) |
| Filing 36 MOTION to Stay and Brief in Support by DDR CORP.. (Attachments: #1 Exhibit A) (Thomas, Emily) |
| Filing 35 Errata re #32 Motion to Appear Pro Hac Vice of Robert D. Sowell by DDR CORP.. Reason for Correction: Filed by attorney requesting admission pro hac vice. (Sowell, Robert) |
| Filing 34 Errata re #33 Motion to Appear Pro Hac Vice of Brian C. Blair by DDR CORP.. Reason for Correction: Filed by attorney requesting admission pro hac vice. (Blair, Brian) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #32 Motion to Appear Pro Hac Vice, #33 Motion to Appear Pro Hac Vice. ERROR: Pro Hac Vice motions are to be filed electronically by the attorney requesting pro hac admission. CORRECTION: Refile documents using the Errata event and with a link to the incorrect entry.. This message is for informational purposes only. (dm) |
| Filing 33 MOTION for attorney Brian C. Blair to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4525011) by DDR CORP.. (Attachments: #1 Affidavit, #2 Proposed Order) (Thomas, Emily) |
| Filing 32 MOTION for attorney Robert D. Sowell to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4524997) by DDR CORP.. (Attachments: #1 Affidavit, #2 Proposed Order) (Thomas, Emily) |
| Filing 31 BRIEF in Opposition re #27 Motion to Dismiss, Motion to Strike filed by EMILY GELLATLY, CEARA NARIO-REDMOND. (Sweet, Benjamin) |
| Filing 30 Errata re #27 Motion to Dismiss, Motion to Strike Class Allegations and Brief in Support by DDR CORP.. Reason for Correction: Added Certificate of Conferral. (Attachments: #1 Exhibit, #2 Proposed Order) (Thomas, Emily) |
| Filing 29 Errata re #28 Notice of Mediation (Rescheduled Date) by DAVID B. WHITE. Reason for Correction: Notice provided wrong date for rescheduled Mediation.. (White, David) |
| Filing 28 Notice of Mediation by DAVID B. WHITE. Mediation Date December 8, 2017 at 1:00 p.m. (White, David) |
| Filing 27 MOTION to Dismiss and to Strike Class Allegations and Brief in Support by DDR CORP.. (Attachments: #1 Proposed Order) (Thomas, Emily). Added MOTION to Strike on 10/10/2017 (dm). |
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Filing 26
ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(d). Signed by Judge Barbara Rothstein on 9/27/2017. (jds)
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Filing 25
MINUTE ORDER setting initial case schedule. The following schedule has been agreed upon by the parties and is adopted by the Court: (1) 26(a) Disclosures are due by October 17, 2017; (2) Additional parties shall be joined by October 4, 2017; (3) Deadline to amend Pleadings is October 4, 2017; (4) Class certification discovery shall be completed February 26, 2018; (5) Plaintiffs' expert reports as to class certification shall be filed by January 12, 2018; (6) Defendant's expert reports as to class certification shall be filed by February 2, 2018; (7) Depositions of class certification experts shall be completed by February 26, 2018; (8) Plaintiffs motion for class certification and all supporting evidence shall be filed by March 30, 2018; (9) Defendant's Opposition to class certification and all supporting evidence shall be filed by April 30, 2018; (10) Plaintiffs' Reply shall be filed by May 14, 2018. The class certification hearing will be scheduled by the Court. After the resolution of the motion for class certification, the Court shall hold a Post-Certification Determination Conference to discuss how the case shall proceed in light of the disposition of the Class motion. Signed by Judge Barbara Rothstein on 9/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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| Filing 24 Joint MOTION to Extend Time to Conduct Mediation by EMILY GELLATLY, CEARA NARIO-REDMOND. (Attachments: #1 Proposed Order) (Sweet, Benjamin) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Sweet, Benjamin) |
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Filing 22
MINUTE ORDER granting #21 Motion for Extension of Time to Answer. Defendant must submit a response to the Complaint on or before October 6, 2017. Signed by Judge Barbara Rothstein on 9/25/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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| Filing 21 Unopposed MOTION for Extension of Time to File Answer by DDR CORP.. (Attachments: #1 Proposed Order) (Thomas, Emily) |
| Filing 20 Notice of Mediation by DAVID B. WHITE. Mediation Date October 11, 2017 at 9:00 a.m. (White, David) |
| Filing 19 Notice of Mediation by DAVID B. WHITE. Mediation Date October 11, 2017 at 9:00 a.m. (White, David) Modified on 9/18/2017 document removed from public view; filed correctly at #20 (dm) |
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Filing 18
MINUTE ORDER granting #17 Motion for Extension of Time to Answer. Defendant must submit a response to the Complaint on or before September 22, 2017. Signed by Judge Barbara Rothstein on 9/8/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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| Filing 17 Unopposed MOTION for Extension of Time to File Answer by DDR CORP.. (Attachments: #1 Proposed Order) (Thomas, Emily) |
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Filing 16
MINUTE ORDER granting #15 Motion for Extension of Time to Answer. Defendant must submit a response to the Complaint onor before September 8, 2017. Signed by Judge Barbara Rothstein on 9/5/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer by DDR CORP.. (Attachments: #1 Proposed Order) (Thomas, Emily) |
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Filing 14
MINUTE ORDER granting #12 Motion for Extension of Time to Answer. Defendant must submit a response to the Complaint on or before September 5, 2017. Signed by Judge Barbara Rothstein on 8/22/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jds)
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| Filing 13 Errata re #12 Motion for Extension of Time to File Answer by DDR CORP.. Reason for Correction: Filed Proposed Order as both main document and attachment. (Attachments: #1 Proposed Order) (Thomas, Emily) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Motion for Extension of Time to File Answer. ERROR: Incorrect document attached. Main document and attachment are both Proposed Orders CORRECTION: Attorney advised to refile the document, using the Errata event and attach the correct document. This message is for informational purposes only. (dm) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint filed by EMILY GELLATLY, CEARA NARIO-REDMOND by DDR CORP.. (Attachments: #1 Proposed Order) (Thomas, Emily) |
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Filing 11
ORDER REFERRING CASE to Mediation. David White is appointed as mediator. Party DAVID B. WHITE added. Signed by Judge Arthur J. Schwab on 8/17/2017. (nk)
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| Filing 10 STIPULATION selecting ADR process by EMILY GELLATLY, CEARA NARIO-REDMOND. (Sweet, Benjamin) |
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Filing 9
ORDER that on or before 8/9/2017, and pursuant to Rule 26(f), and as required by Local Rule 16.1.1, the attorneys of record and all unrepresented parties that have appeared in this case are jointly responsible for filing to the Court the following document: (a) a stipulation selecting an ADR process (pursuant to Local Rule 16.2) (04/2017 form) (Participation in the ADR process does not stay discovery). (b) ADR process to be completed within 60 days from the date of this Order. Document (a) may be downloaded from the Courts website at www.pawd.uscourts.gov forms. Signed by Judge Arthur J. Schwab on 7/26/2017. (nk)
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Filing 8
Parties are hereby ORDERED to meet and confer to discuss case management issues in compliance with Federal Rule of Civil Procedure 26(f). As described in Section 4 of the Standing Order, Parties must file a Rule 26(f) Meet and Confer Report. The Rule 26(f) report is due by September 26, 2017. Signed by Judge Barbara Rothstein on 7/26/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nk)
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Filing 7
STANDING ORDER of procedures that are to be followed in civil cases assigned to this Court. These practice standards supplement the Federal Rules of Civil Procedure and Local Rules of the United States District Court for the Western District of Pennsylvania. In the event there is an inconsistency between the Local Rules and these practice standards, the terms of this Order control. The terms of this Order shall apply to all pleadings and hearings pertaining to cases assigned to Judge Rothstein and shall have the force and effect of orders of the Court from this date forward. If the case was previously assigned to a different District Judge, these practice standards replace those that previously controlled, but only as to pleadings and hearings from this date forward. Signed by Judge Barbara Rothstein on 7/26/2017. (nk)
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| Update Answer Deadline: Answer due from DDR CORP. on 8/21/2017 (dm) |
| Filing 6 Stipulation for Extension of Time to Answer by DDR CORP. Answer due from DDR CORP.. (Thomas, Emily) |
| Filing 5 NOTICE of Appearance by Emily B. Thomas on behalf of DDR CORP.. (Thomas, Emily) |
| Filing 4 SUMMONS/Return of Service Returned Executed by EMILY GELLATLY, CEARA NARIO-REDMOND. DDR CORP. served on 7/5/2017, answer due 7/26/2017. (Sweet, Benjamin) |
| Filing 3 The instant civil action has been designated for placement into the United States District Court for the Western District of Pennsylvania's Alternative Dispute Resolution (ADR) program. For further information, parties should refer to Local Rule 16.2 and the Courts ADR Policies and Procedures, which can be accessed at the Courts website at www.pawd.uscourts.gov. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of this notice on all parties. The attorneys of record and all unrepresented parties that appear in this case are reminded that they are jointly responsible for submitting to the Court a stipulation of selecting an ADR process (pursuant to Revised Local Rule 16.2) as directed by the Court (nk) |
| Filing 2 Summons Issued as to DDR CORP. (dm) |
| Filing 1 COMPLAINT against DDR CORP. (Filing fee, including Administrative fee, $400, receipt number 0315-4354988), filed by EMILY GELLATLY, CEARA NARIO-REDMOND. (Attachments: #1 Civil Cover Sheet) (dm) |
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