HASSON v. FULLSTORY, INC.
| KENNETH HASSON |
| FULLSTORY, INC. |
| 2:2022cv01246 |
| August 30, 2022 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| Marilyn J Horan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 49
USCA Case Number 23-2535 for #48 Notice of Appeal,, filed by KENNETH HASSON. USCA Case Manager Stephanie (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (sb3c)
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Filing 48
NOTICE OF APPEAL as to #46 Memorandum Opinion,, #47 Order Dismissing Case, Terminate Motions, #44 Order, Memorandum Opinion, Terminate Motions, #45 Corrective Entry, by KENNETH HASSON. Filing fee $505, receipt number APAWDC-7846494. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Etzel, Jamisen)
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Filing 47
ORDER granting in part and denying in part #27 Defendant's Motion to Dismiss Plaintiff's Amended Complaint and denying #32 Plaintiff's Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction. Defendant's Motion to Dismiss is granted as to its Motion to Dismiss brought pursuant to 12(b)(2) and is denied as moot as to its Motion to Dismiss brought pursuant to 12(b)(6). Plaintiff is not granted leave to amend. Plaintiff's Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction is denied. The case is dismissed. The Clerk is to mark the case closed. Signed by Judge Marilyn J. Horan on 7/25/2023. (dmm)
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Filing 46
MEMORANDUM OPINION regarding #27 Defendant's Motion to Dismiss Plaintiff's Amended Complaint and #32 Plaintiff's Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction. Defendant's Motion to Dismiss will be granted as to its Motion to Dismiss brought pursuant to 12(b)(2) and will be denied as moot as to its Motion to Dismiss brought pursuant to 12(b)(6). Plaintiff will not be granted leave to amend. Plaintiff's Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction will be denied. The case will be dismissed. A separate Order to follow. Signed by Judge Marilyn J. Horan on 7/25/2023. (dmm) Modified text on 7/25/2023. (dmm)
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Filing 45
CORRECTIVE ENTRY regarding #44 Defendant's Opinion and Order regarding #29 Defendant's MOTION for Judicial Notice. Defendant's Motion is granted in part and denied in part as moot. Defendant's Motion is granted as to Exhibit 5, the Texas Secretary of State public record, but denied as moot as to Mattress Firm's pop-up consent banners and privacy policies. Wrong document attached to original entry. (dmm)
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Filing 44
OPINION AND ORDER regarding #29 Defendant's MOTION for Judicial Notice. Defendant's Motion is granted in part and denied in part as moot. Defendant's Motion is granted as to Exhibit 5, the Texas Secretary of State public record, but denied as moot as to Mattress Firm's pop-up consent banners and privacy policies. Signed by Judge Marilyn J. Horan on 7/25/2023. (dmm) Document removed from public view and refiled at #45 Corrective Entry; Modified text on 7/26/2023. (ctb)
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Filing 43
SUPPLEMENT by FULLSTORY, INC. to #27 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, #28 Brief in Support of Motion, #37 Reply Brief. (Attachments: #1 Exhibit A) (Wolff, Peter)
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Filing 42
ORDER REGARDING CERTAIN DOCKET MATTERS AND TRANSFERRING/REFERRING CERTAIN PROCEEDINGS. Signed by Chief Judge Mark R. Hornak on 6/15/2023. (sms)
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Judge Marilyn J. Horan added. Judge Robert J. Colville no longer assigned to case. (sms)
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Filing 41
ORDER granting #40 Motion to Withdraw as Attorney. Attorney Stephen Francis Raiola terminated. Signed by Judge Robert J. Colville on 5/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk)
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Filing 40
MOTION to Withdraw as Attorney Motion to Withdraw Stephen F. Raiola Appearance by FULLSTORY, INC.. (Attachments: #1 Proposed Order) (Wolff, Peter)
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Filing 39
REPLY BRIEF re #32 Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction, #38 Response in Opposition re: Reply in Support of #32 Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction filed by KENNETH HASSON. (Etzel, Jamisen)
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Filing 38
RESPONSE IN OPPOSITION to #32 Motion for for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction, filed by FULLSTORY, INC. (Raiola, Stephen)
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Filing 37
REPLY BRIEF re #34 Brief in Opposition to #27 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim, filed by FULLSTORY, INC. (Raiola, Stephen)
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Filing 36
ORDER granting #35 Motion to Modify. Defendants deadline to submit a reply in support of its motion to dismiss is extended to February 27, 2023 to coincide with Defendants deadline for filing its Response to Plaintiffs Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction. Signed by Judge Robert J. Colville on 2/14/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk)
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Filing 35
Joint MOTION to Modify Deadline for Filing Defendant's Reply in Support of Its Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim by FULLSTORY, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen)
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Filing 34
BRIEF in Opposition re #27 Motion to Dismiss/Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim, filed by KENNETH HASSON. (Etzel, Jamisen)
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Filing 33
BRIEF in Support re #32 Motion for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction filed by KENNETH HASSON. (Etzel, Jamisen)
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Filing 32
MOTION for Leave to Conduct Discovery Limited to the Issue of Personal Jurisdiction by KENNETH HASSON. (Attachments: #1 Proposed Order) (Etzel, Jamisen)
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Filing 31
REPLY to #30 Response to Motion re #29 Motion for Judicial Notice in Support of Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim, filed by FULLSTORY, INC. (Raiola, Stephen) Modified text on 2/27/2023 to add document linkage. (ctb)
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Filing 30
RESPONSE IN OPPOSITION to #29 MOTION for Judicial Notice in Support of Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim, filed by KENNETH HASSON. (Lynch, Gary)
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Filing 29
MOTION for Judicial Notice in Support of Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim by FULLSTORY, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order Proposed Order) (Raiola, Stephen)
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Filing 28
BRIEF in Support re #27 Motion to Dismiss/Lack of Jurisdiction and Failure to State a Claim filed by FULLSTORY, INC.. (Raiola, Stephen)
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Filing 27
MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim re #23 Amended Complaint by FULLSTORY, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 1/24/2023 (ctb)
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Filing 26
Disclosure Statement identifying None as corporate parent or other affiliate, by FULLSTORY, INC.. (Raiola, Stephen)
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Filing 25
Disclosure Statement by KENNETH HASSON. (Lynch, Gary)
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Filing 24
ORDER: Given the filing of Plaintiffs Amended Complaint #23 , Defendants Motions at #11 and #13 are hereby dismissed as moot. In accordance with the Courts Order at #22 , Defendant shall respond to the Amended Complaint by January 23, 2023. Signed by Judge Robert J. Colville on 12/28/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #23 Amended Complaint. ERROR: Party did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 1/3/2023. (ctb)
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Filing 23
AMENDED COMPLAINT against FULLSTORY, INC. FULLSTORY, INC. answer due 1/23/2023, filed by KENNETH HASSON. (Lynch, Gary)
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Filing 22
ORDER Granting #21 Joint MOTION to Modify Briefing/Response Schedule filed by KENNETH HASSON. Plaintiff's Response or Amended Complaint is due by December 23, 2022. Defendant shall file any replies in support of its motions; or, if Plaintiff has amended the complaint, Defendant shall respond to the amended complaint, by January 23, 2023. Signed by Judge Robert J. Colville on 11/15/22. (cjo)
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Filing 21
Joint MOTION to Modify Briefing/Response Schedule by KENNETH HASSON. (Attachments: #1 Proposed Order) (Lynch, Gary)
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Filing 20
ORDER granting #17 Motion for Matthew Q. Verdin to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/9/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 19
ORDER granting #16 Motion for Emily Johnson Henn to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/9/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 18
ORDER granting #15 Motion for Eric C. Bosset to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/9/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 17
MOTION for attorney Matthew Q. Verdin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7386384) by FULLSTORY, INC.. (Attachments: #1 Affidavit of Matthew Q. Verdin in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Verdin, Matthew)
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Filing 16
MOTION for attorney Emily Johnson Henn to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7386373) by FULLSTORY, INC.. (Attachments: #1 Affidavit of Emily Johnson Henn in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Henn, Emily)
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Filing 15
MOTION for attorney Eric C. Bosset to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7386343) by FULLSTORY, INC.. (Attachments: #1 Affidavit of Eric C. Bosset in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Bosset, Eric)
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Filing 14
NOTICE of Appearance by Peter S. Wolff on behalf of FULLSTORY, INC.. (Wolff, Peter)
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Filing 13
MOTION for Judicial Notice in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim by FULLSTORY, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order) (Raiola, Stephen)
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Filing 12
BRIEF in Support re #11 Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim filed by FULLSTORY, INC. (Raiola, Stephen)
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Filing 11
MOTION to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim by FULLSTORY, INC. (Attachments: #1 Certificate of Service, #2 Proposed Order) (Raiola, Stephen). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 11/21/2022 (ctb).
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Filing 10
NOTICE of Appearance by Stephen Francis Raiola on behalf of FULLSTORY, INC.. (Raiola, Stephen)
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Filing 9
Stipulation for Extension of Time to Answer by FULLSTORY, INC. Answer due from FULLSTORY, INC. on 11/7/2022. (Imbroscio, Michael)
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Filing 8
Disclosure Statement identifying "None" as corporate parent or other affiliate, by FULLSTORY, INC.. (Imbroscio, Michael)
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Filing 7
NOTICE of Appearance by Michael X. Imbroscio on behalf of FULLSTORY, INC.. (Imbroscio, Michael)
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Filing 6
SUMMONS/Return of Service Returned Executed by KENNETH HASSON. FULLSTORY, INC. served on 9/2/2022, answer due 9/23/2022. (Lynch, Gary)
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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. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (cjo)
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Filing 4
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Robert J. Colville on 8/30/22. (cjo)
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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. (cjo)
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Filing 2
Summons Issued as to FULLSTORY, INC. (ctb)
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Filing 1
COMPLAINT against FULLSTORY, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7265995), filed by KENNETH HASSON. (Attachments: #1 Civil Cover Sheet) (ctb)
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