BAILEY v. ULTA SALON, COSMETICS & FRAGRANCE, INC.
| MARTHA BAILEY |
| ULTA SALON, COSMETICS & FRAGRANCE, INC. |
| 2:2021cv00503 |
| April 15, 2021 |
| US District Court for the Western District of Pennsylvania |
| Marilyn J Horan |
| Other Fraud |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
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Filing 19
TEXT ORDER Based upon this Court's Opinion and Order on Plaintiff's Motion for Remand #17 and #18 , Defendant's pending Motion to Dismiss #10 is denied as moot and without prejudice to be decided upon following remand to the Allegheny Court of Common Pleas. Signed by Judge Marilyn J. Horan on 5/10/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
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Filing 18
ORDER After consideration of Ulta's Notice of Removal (ECF No. 1), Ms. Bailey's Complaint (ECF No. 1-2), Ms. Bailey's Motion to Remand to State Court (ECF No. 2), the respective briefs of the parties (ECF Nos. 3, 12, and 15), and for the reasons stated in this Court's Opinion (ECF No. 17), Ms. Bailey's Motion to Remand to State Court is granted. The Clerk is hereby ordered to remand Ms. Bailey's Complaint to the Allegheny County Court of Common Pleas.Signed by Judge Marilyn J. Horan on 5/10/2021. (bjl)
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Filing 17
MEMORANDUM OPINION Ms. Bailey's Motion to Remand to State Court will be granted. Ms. Bailey's Complaint will be remanded to the Allegheny County Court of Common Pleas. A separate order shall follow. Signed by Judge Marilyn J. Horan on 5/10/2021. (bjl)
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| Remark: Letter of Remand and #18 ORDER After consideration of Ulta's Notice of Removal (ECF No. 1), Ms. Bailey's Complaint (ECF No. 1-2), Ms. Bailey's Motion to Remand to State Court (ECF No. 2), the respective briefs of the parties (ECF Nos. 3, 12, and 15), and for the reasons stated in this Court's Opinion (ECF No. 17), Ms. Bailey's Motion to Remand to State Court is granted. The Clerk is hereby ordered to remand Ms. Bailey's Complaint to the Allegheny County Court of Common Pleas mailed to Common Pleas Court of Allegheny County. (jv) |
| Filing 16 RESPONSE IN OPPOSITION to #10 Motion to Dismiss, filed by MARTHA BAILEY. (Attachments: #1 Exhibit A. Patterson v. Fidelity National Title Ins. Co., Opinion and Order, #2 Exhibit B. Lisowski v. Giant Eagle, Inc., Order Denying Preliminary Objections, #3 Exhibit C. PA Dept. of Revenue, Vendor Taking Credit For Erroneously Paid Sales Tax) (Tucker, Kevin) |
| Filing 15 REPLY BRIEF re #2 Motion to Remand to State Court filed by MARTHA BAILEY. (Tucker, Kevin) |
| Filing 14 NOTICE of Appearance by Helen Chandler Steiger on behalf of MARTHA BAILEY. (Steiger, Helen) |
| Filing 13 NOTICE of Appearance by Stephanie Moore on behalf of MARTHA BAILEY. (Moore, Stephanie) |
| Filing 12 RESPONSE IN OPPOSITION to #2 Motion to Remand to State Court, filed by ULTA SALON, COSMETICS & FRAGRANCE, INC.. (Attachments: #1 Proposed Order) (Argentieri, Kenneth) |
| Filing 11 BRIEF in Support re #10 Motion to Dismiss the Complaint filed by ULTA SALON, COSMETICS & FRAGRANCE, INC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Argentieri, Kenneth) |
| Filing 10 MOTION to Dismiss the Complaint by ULTA SALON, COSMETICS & FRAGRANCE, INC. (Attachments: #1 Proposed Order) (Argentieri, Kenneth) |
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Filing 9
ORDER granting #7 Motion for Extension of Time to File Response/Reply re #2 MOTION to Remand to State Court . Responses due by 5/4/2021; Replies due by 5/11/2021. Signed by Judge Marilyn J. Horan on 4/27/2021. (bjl)
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| Filing 8 Stipulation for Extension of Time to Answer by ULTA SALON, COSMETICS & FRAGRANCE, INC. Answer due from ULTA SALON, COSMETICS & FRAGRANCE, INC. on 5/3/2021. (Argentieri, Kenneth) |
| Filing 7 Consent MOTION for Extension of Time to File Response/Reply as to #2 MOTION to Remand to State Court by ULTA SALON, COSMETICS & FRAGRANCE, INC.. (Attachments: #1 Proposed Order) (Argentieri, Kenneth) |
| Filing 6 Disclosure Statement identifying Ulta Beauty, Inc. as corporate parent or other affiliate, by ULTA SALON, COSMETICS & FRAGRANCE, INC.. (Argentieri, Kenneth) |
| Filing 5 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jgb) |
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Filing 4
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Marilyn J. Horan on 4/21/2021. (jgb)
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| Filing 3 BRIEF in Support re #2 Motion to Remand to State Court filed by MARTHA BAILEY. (Tucker, Kevin) |
| Filing 2 MOTION to Remand to State Court by MARTHA BAILEY. (Attachments: #1 Proposed Order) (Tucker, Kevin) |
| Filing 1 NOTICE OF REMOVAL from Allegheny County, case number GD 21-003192 (Filing fee, including Administrative fee, $402, receipt number APAWDC-6462333), filed by ULTA SALON, COSMETICS & FRAGRANCE, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - County pleadings) (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal,. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. Disclosure Statement due by 4/22/2021. (jv) |
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