BADGER et al v. RETAIL PROPERTIES OF AMERICA, INC
| JOSIE BADGER and EMILY GELLATLY |
| RETAIL PROPERTIES OF AMERICA, INC |
| 2:2017cv01368 |
| October 20, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| David S Cercone |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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This docket was last retrieved on March 9, 2018. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #28 Stipulation of Dismissal. Case is dismissed with prejudice. Each party to bear their own costs and fees, including attorney fees. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 3/9/18. (njt)
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| Filing 28 STIPULATION of Dismissal by JOSIE BADGER, EMILY GELLATLY. (Sweet, Benjamin) |
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Filing 27
ORDER Response/Briefing Schedule re defendant's #25 Motion to Dismiss First Amended Complaint and to Strike Class Allegations Complaint. Plaintiffs' Response and Brief in Opposition due by 4/6/2018. Defendnat's Reply Brief due by 4/20/2018. Signed by Judge David S. Cercone on 3/6/18. (njt)
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| Filing 26 BRIEF in Support re #25 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike Class Allegations filed by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Thomas, Emily) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike #23 Amended Complaint (to Strike Class Allegations) by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Proposed Order) (Thomas, Emily) |
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Filing 24
ORDER denying #20 defendant's Motion to Dismiss Plaintiff's Original Complaint for Lack of Jurisdiction and to Strike Class Allegations as moot and without prejudice to renew any issues therein in a responsive pleading to plaintiff's amended complaint. Signed by Judge David S. Cercone on 3/1/18. (mwm)
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| Filing 23 First AMENDED COMPLAINT against RETAIL PROPERTIES OF AMERICA, INC RETAIL PROPERTIES OF AMERICA, INC answer due 3/2/2018, filed by JOSIE BADGER; EMILY GELLATLY. (Sweet, Benjamin) |
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Filing 22
ORDER Response/Briefing Schedule re defendant's #20 Motion to Dismiss Complaint and to Strike Class Allegations Complaint. Plaintiffs' Response and Brief in Opposition due by 3/9/2018. Defendant's Reply brief due by 3/23/2018. Signed by Judge David S. Cercone on 2/9/18. (njt)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion to Dismiss. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion to Dismiss for Lack of Jurisdiction. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney Thomas advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike Class Allegations. This message is for informational purposes only. (ksa) |
| MOTION to Strike Class Allegations by RETAIL PROPERTIES OF AMERICA, INC. (Filed with document #20 ) (ksa) |
| Filing 21 BRIEF in Support re #20 Motion to Dismiss Complaint and to Strike Class Allegations filed by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Thomas, Emily) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction Complaint and to Strike Class Allegations by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Proposed Order) (Thomas, Emily) Modified on 2/7/2018 ERROR MULTIPLE RELIEF DOCUMENT FILED AS ONE RELIEF; RE-FILED BY COURT. (ksa) |
| Filing 19 Notice of Mediation by DAVID B. WHITE. Mediation Date March 15, 2018 at 1:00 p.m. (White, David) |
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Filing 18
ORDER granting #13 Second Unopposed Motion for Extension of Time to Respond to Complaint. Answer or other response to complaint due by 2/6/18. Signed by Judge David S. Cercone on 1/29/18. (njt)
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Filing 17
ORDER implementing Rule 502(d) at the Joint Request of the parties. Signed by Judge David S. Cercone on 1/23/18. (kak)
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Filing 16
ORDER REFERRING CASE to Mediation. David B. White, Esquire is appointed as the mediator. Mediation shall be conducted by 3/23/18. The report of mediator shall be electronically filed within 7 days of the mediation conference. Elizabeth Pollock-Avery, Esquire is designated as lead counsel. DAVID B. WHITE is added. Signed by Judge David S. Cercone on 1/23/18. (kak)
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Filing 15
CASE MANAGEMENT ORDER: The parties shall move to amend the pleadings or add new parties by May 23, 2018. Fact discovery on Rule 23 class certification and the initial phase of fact discovery on substantive issues in the case shall be completed by July 23, 2018. All written discovery shall be initiated in sufficient time to permit responses to be completed and depositions to be taken in compliance with all applicable deadlines. Expert discovery shall proceed as follows: Plaintiffs expert reports shall be served by May 23, 2018. Defendants expert reports shall be served by June 22, 2018. All Expert discovery shall be completed by July 23, 2018. Plaintiff's motion for class certification and supporting submissions shall be filed on or before August 21, 2018; defendant's responsive submissions shall be filed on or before September 20, 2018; plaintiff may file a reply brief on or before October 4, 2018. Signed by Judge David S. Cercone on 1/23/18. (kak)
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| Filing 14 Minute Entry for proceedings held before Judge David S. Cercone: Case Management Conference held on 1/23/2018. The Clerk confirmed with counsel that all prerequisites for the ADR process have been completed. Attorney Pollock-Avery designated as liaison counsel for ADR purposes. The parties have selected mediation to be conducted before David B. White, Esquire. The ADR session must be completed by 3/23/18. An appropriate CMO establishing pretrial deadlines through an initial phase of fact discovery/class certification discovery and the briefing of class certification will be issued. A Rule 502(d) order and an ADR referral order also will follow. A status conference will be scheduled after the resolution of class certification. (Court Reporter: none) (mwm) |
| Filing 13 Second MOTION for Extension of Time to File Answer re #1 Complaint, filed by JOSIE BADGER, EMILY GELLATLY, #9 Order on Motion for Extension of Time to File Answer by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Proposed Order) (Thomas, Emily) |
| Filing 12 NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of JOSIE BADGER, EMILY GELLATLY. (Pollock-Avery, Elizabeth) |
| Filing 11 STIPULATION selecting ADR process by JOSIE BADGER, EMILY GELLATLY. (Sweet, Benjamin) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proposed Order) (Sweet, Benjamin) |
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Filing 9
ORDER granting defendant's #8 Unopposed Motion for Extension of Time to Respond to Complaint. Defendant's answer or other response due by 1/23/18. Signed by Judge David S. Cercone on 1/2/18. (njt)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer by RETAIL PROPERTIES OF AMERICA, INC. (Attachments: #1 Proposed Order) (Thomas, Emily) Modified on 12/28/2017 to add additional docket text. (ksa) |
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Filing 7
ORDER scheduling Initial Case Management Conference for 1/23/18 at 11:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 1/5/18. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 1/16/18. Signed by Judge David S. Cercone on 12/6/17. (Attachments: #1 Exhibit A - Stipulation Selecting ADR Process; and #2 Exhibit B - Rule 26 Report Form) (njt)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Motion for Extension of Time to File Answer. ERROR: Wrong event selected. CORRECTION: Re-docketed as Stipulation for Extension of Time to Answer. This message is for informational purposes only. (ksa) |
| Filing 6 Stipulation for Extension of Time to Answer by RETAIL PROPERTIES OF AMERICA, INC Answer due from RETAIL PROPERTIES OF AMERICA, INC on 1/2/2018. "Document previously filed electronically" (ksa) |
| Filing 5 NOTICE of Appearance by Emily B. Thomas on behalf of RETAIL PROPERTIES OF AMERICA, INC. (Thomas, Emily) |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer by RETAIL PROPERTIES OF AMERICA, INC. (Thomas, Emily) Modified on 11/17/2017 ERROR: Wrong event selected. Document removed from public view and refiled by Court. (ksa) |
| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) |
| Filing 2 SUMMONS/Return of Service Returned Executed by JOSIE BADGER, EMILY GELLATLY. RETAIL PROPERTIES OF AMERICA, INC served on 10/26/2017, answer due 11/16/2017. (Sweet, Benjamin) |
| Filing 1 NATIONWIDE CLASS ACTION COMPLAINT against RETAIL PROPERTIES OF AMERICA, INC (Filing fee, including Administrative fee, $400, receipt number 0315-4503604), filed by JOSIE BADGER, EMILY GELLATLY. (Attachments: #1 Civil Cover Sheet, #2 Summons for Retail Properties of America, Inc) (ksa) |
| Summons Issued as to RETAIL PROPERTIES OF AMERICA, INC. (ksa) |
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