MULLEN v. RED LOBSTER HOSPITALITY LLC
| BARTLEY M. MULLEN, JR. |
| RED LOBSTER HOSPITALITY LLC and RED LOBSTER RESTAURANTS LLC |
| 2:2019cv00305 |
| March 19, 2019 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 51
ORDER GRANTING the #50 Stipulation of Dismissal. The Clerk of Court is directed to mark this case CLOSED. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/27/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 50 STIPULATION of Dismissal by BARTLEY M. MULLEN, JR. (Carlson, R.) |
| FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
| Filing 49 REPORT of Mediation: Case has been resolved. CAROLE KATZ terminated. Attorney Carole S. Katz terminated. 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 5/7/2020. (Katz, Carole) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
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Filing 48
ORDER GRANTING the #47 Motion for Withdrawal of Appearance. Attorney Bryan A. Fox is terminated as counsel of record. Signed by Magistrate Judge Lisa Pupo Lenihan on 04/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 47 MOTION to Withdraw as Attorney by BARTLEY M. MULLEN, JR. (Attachments: #1 Proposed Order) (Fox, Bryan) |
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Filing 46
ORDER REFERRING CASE to Mediation. CAROLE KATZ is appointed as mediator. Party CAROLE KATZ added. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/31/2020. (jmb)
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Filing 45
ORDER IMPLEMENTING FEDERAL RULE OF EVIDENCE 502(D). Signed by Magistrate Judge Lisa Pupo Lenihan on 03/31/2020. (jmb)
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| Filing 44 CASE MANAGEMENT ORDER: Compliance with provisions of Rule 16 shall be completed as follows: Initial disclosures pursuant to Fed. R. Civ. P. 26(a) shall be made by April 13, 2020. Amendments to the pleadings and joinder of additional parties will be completed by April 20, 2020. The ADR process will be completed no later than July 1, 2020. A telephone status conference is scheduled for July 2, 2020 at 2:00 PM. Counsel are to call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. The parties shall complete class certification discovery by July 30, 2020. Plaintiff's Motion for Class Certification, Memorandum in Support and all supporting evidence shall be filed by September 1, 2020. Defendant's Memorandum in Opposition and supporting evidence shall be filed by October 1, 2020. Any Reply by Plaintiff shall be filed by October 22, 2020. (jmb) |
| Filing 43 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Telephonic Initial Case Management Conference was held on 3/30/2020. The parties request 90 days for ADR, which the Court agrees to. Discovery will be bifurcated, class discovery proceeding first, followed by a motion for class certification. Plaintiff advised that, while he will proceed first with class certification discovery, there may be some substantive requests such as videos and floor plans for the restaurants in the complaint as well as policies and procedures regarding accessibility. Subject to any government orders regarding safety, defendant has no objections. An Initial Scheduling Order will be entered. (jmb) |
| Filing 42 NOTICE of Appearance by Kelly K. Iverson on behalf of BARTLEY M. MULLEN, JR. (Iverson, Kelly) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) |
| Filing 41 STIPULATION selecting ADR process by BARTLEY M. MULLEN, JR. (Carlson, R.) |
| Filing 40 REPORT of Rule 26(f) Planning Meeting. (Carlson, R.) |
| Filing 39 Defendant's ANSWER to #17 Amended Complaint, by RED LOBSTER RESTAURANTS LLC. (Thomas, Emily) |
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Filing 38
ORDER that the Initial Case Management Conference set for March 30, 2020 is converted to a Telephone Conference. All participants shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/18/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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Filing 37
ORDER GRANTING the #36 Unopposed Motion for Extension of Time to Respond to Complaint. Defendant RED LOBSTER RESTAURANTS LLC's response to the Complaint shall be due on or before March 25, 2020. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/11/2020. (jmb)
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| Filing 36 Unopposed MOTION for Extension of Time to File Answer re #17 Amended Complaint, filed by BARTLEY M. MULLEN, JR. by RED LOBSTER RESTAURANTS LLC. (Attachments: #1 Proposed Order) (Thomas, Emily) |
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Filing 35
ORDER that the initial scheduling conference will be held on March 30, 2020, at 2:00 PM, in Courtroom 7B, U.S. Post Office and Courthouse Building, 700 Grant Street, Pittsburgh, Pennsylvania. Trial counsel shall attend. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/04/2020. (Attachments: #1 Exhibit ADR Form) (jmb)
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Filing 34
ORDER that the Motion to Dismiss Plaintiff's First Amended Complaint or, in the Alternative, to Strike Class Allegations, filed by Defendant Red Lobster Restaurants, LLC, ECF No. #26 , is DENIED. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/26/2020. (jmb)
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| Filing 33 MEMORANDUM OPINION that #26 Defendant's MOTION to Dismiss or Strike Class Allegations be denied. Signed by Magistrate Judge Lisa Pupo Lenihan on 02/26/2020. (jmb) |
| Filing 32 REPLY BRIEF re #27 Brief in Support of Motion, #26 Motion to Dismiss for Lack of Jurisdiction , First Motion to Strike filed by RED LOBSTER RESTAURANTS LLC. (Thomas, Emily) Modified text on 8/20/2019 to add linkage to #26. (ept) |
| Filing 31 BRIEF in Opposition re #26 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike filed by BARTLEY M. MULLEN, JR. (Attachments: #1 Exhibit 1) (Carlson, R.) |
| Filing 30 RESPONSE IN OPPOSITION to #26 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike, filed by BARTLEY M. MULLEN, JR. (Attachments: #1 Proposed Order) (Carlson, R.) |
| Filing 29 NOTICE of Appearance by Bryan A Fox on behalf of BARTLEY M. MULLEN, JR. (Fox, Bryan) |
| Filing 28 Disclosure Statement identifying Thai Union Group PCL as corporate parent or other affiliate, by RED LOBSTER RESTAURANTS LLC. (Thomas, Emily) |
| Filing 27 BRIEF in Support re #26 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike to Strike Class Allegations filed by RED LOBSTER RESTAURANTS LLC. (Thomas, Emily) |
| Filing 26 First MOTION to Dismiss for Lack of Jurisdiction , First MOTION to Strike #17 Amended Complaint, to Strike Class Allegations by RED LOBSTER RESTAURANTS LLC. (Attachments: #1 Proposed Order) (Thomas, Emily) |
| Filing 25 Stipulation for Extension of Time to Answer by RED LOBSTER RESTAURANTS LLC Answer due from RED LOBSTER RESTAURANTS LLC on 7/15/2019. (Thomas, Emily) |
| Filing 24 NOTICE of Appearance by Emily B. Thomas on behalf of RED LOBSTER RESTAURANTS LLC. (Thomas, Emily) |
| Filing 23 STIPULATION to Amend Caption by BARTLEY M. MULLEN, JR. (Attachments: #1 Exhibit 1: Proposed Order) (Carlson, R.) |
| Filing 22 NOTICE of Appearance by Joyce Ackerbaum Cox on behalf of RED LOBSTER RESTAURANTS LLC. (Ackerbaum Cox, Joyce) |
| Filing 21 SUMMONS/Return of Service Returned Executed by BARTLEY M. MULLEN, JR. RED LOBSTER RESTAURANTS LLC served on 6/17/2019, answer due 7/8/2019. (Carlson, R.) |
| Filing 20 Summons Issued as to RED LOBSTER RESTAURANTS LLC (av) |
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Filing 19
ORDER GRANTING the #16 Motion for Joyce Ackerbaum Cox to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 06/17/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 18 NOTICE of Voluntary Dismissal without Prejudice as to Defendant Red Lobster Hospitality LLC by BARTLEY M. MULLEN, JR (Carlson, R.) |
| Filing 17 First AMENDED COMPLAINT against RED LOBSTER HOSPITALITY LLC, RED LOBSTER RESTAURANTS LLC RED LOBSTER HOSPITALITY LLC answer due 7/1/2019; RED LOBSTER RESTAURANTS LLC answer due 7/1/2019, filed by BARTLEY M. MULLEN, JR. (Attachments: #1 Summons) (Carlson, R.) |
| Filing 16 MOTION for attorney Joyce Ackerbaum Cox to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5174895) by RED LOBSTER HOSPITALITY LLC. (Attachments: #1 Affidavit of Joyce Ackerbaum Cox, #2 Certificate of Good Standing, #3 Proposed Order) (Ackerbaum Cox, Joyce) |
| Filing 15 Stipulation for Extension of Time to Answer by BARTLEY M. MULLEN, JR Answer due from RED LOBSTER HOSPITALITY LLC on 6/17/2019. (Carlson, R.) |
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Filing 14
ORDER GRANTING #12 the Motion for Patrick W. Michenfelder to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/24/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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Filing 13
ORDER GRANTING the #11 Motion for Chad A. Throndset to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/24/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 12 MOTION for attorney Patrick W. Michenfelder to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5149536) by BARTLEY M. MULLEN, JR. (Attachments: #1 Affidavit, #2 Proposed Order) (Michenfelder, Patrick) |
| Filing 11 MOTION for attorney Chad A. Throndset to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5149493) by BARTLEY M. MULLEN, JR. (Attachments: #1 Affidavit, #2 Proposed Order) (Throndset, Chad) |
| Filing 10 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RED LOBSTER HOSPITALITY LLC. (Thomas, Emily) |
| Filing 9 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by BARTLEY M. MULLEN, JR. (Iverson, Kelly) |
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Filing 8
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than May 23, 2019. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/02/2019. (Attachments: #1 Exhibit Consent Form) (jmb)
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| Update Answer Deadline: Answer due from RED LOBSTER HOSPITALITY LLC on 6/10/2019 (ept) |
| Filing 7 Disclosure Statement identifying Thai Union Group PCL as corporate parent or other affiliate, by RED LOBSTER HOSPITALITY LLC. (Thomas, Emily) |
| Filing 6 Stipulation for Extension of Time to Answer by RED LOBSTER HOSPITALITY LLC Answer due from RED LOBSTER HOSPITALITY LLC on 6/10/2019. (Thomas, Emily) Modified text on 4/22/2019 to indicate answer due date. (ept) |
| Filing 5 NOTICE of Appearance by Emily B. Thomas on behalf of RED LOBSTER HOSPITALITY LLC. (Thomas, Emily) |
| Filing 4 SUMMONS/Return of Service Returned Executed by BARTLEY M. MULLEN, JR. RED LOBSTER HOSPITALITY LLC served on 4/3/2019, answer due 4/24/2019. (Carlson, R.) |
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Filing 3
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, as more fully stated in said order. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/19/2019. (jmb)
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| Filing 2 Summons Issued as to RED LOBSTER HOSPITALITY LLC (cel) |
| Filing 1 COMPLAINT against RED LOBSTER HOSPITALITY LLC (Filing fee, including Administrative fee, $400, receipt number 0315-5068854), filed by BARTLEY M. MULLEN, JR. (Attachments: #1 Civil Cover Sheet) (cel) |
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