COOK v. GAMESTOP, INC.
| AMBER COOK |
| GAMESTOP, INC. |
| 2:2022cv01292 |
| September 8, 2022 |
| US District Court for the Western District of Pennsylvania |
| J Nicholas Ranjan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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Filing 48
USCA Case Number 23-2574 for #47 Notice of Appeal, filed by AMBER COOK. USCA Case Manager Alicia (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (ca3amr)
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Filing 47
NOTICE OF APPEAL as to #45 Memorandum Opinion, #46 Order on Motion to Dismiss, by AMBER COOK. Filing fee $505, receipt number APAWDC-7855721. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): Teresa M. Benson. 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. (Lynch, Gary)
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Filing 46
ORDER granting #25 Motion to Dismiss. The #22 first amended complaint is hereby DISMISSED WITH PREJUDICE, for the reasons stated in the Court's accompanying #45 Opinion. The Clerk of Court is directed to mark this case as CLOSED. Signed by Judge J. Nicholas Ranjan on 8/28/2023. (pak)
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Filing 45
OPINION re #25 Motion to Dismiss the First Amended Complaint. Signed by Judge J. Nicholas Ranjan on 8/28/2023. (pak)
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Filing 44
NOTICE of Supplemental Authority by AMBER COOK re #31 Brief in Opposition to Motion (Attachments: #1 Exhibit A - Oliver v. Noom, Inc., #2 Exhibit B - Brown v. Google LLC) (Lynch, Gary)
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Filing 43
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re oral argument held on 7/27/23 before Judge Ranjan. Court Reporter Teresa M Benson, Telephone number 4124075563. Tape Number: bensonfcr@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 8/30/2023. Redaction Request due 9/13/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/21/2023. (tmb)
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Filing 42
ORDER. As discussed on the record after joint oral argument on 7/27/2023, the parties shall order from the court reporter the official transcript of that proceeding, the costs of which shall be split as follows: one-third to be paid by Plaintiffs, one-third by GameStop, and one-third by Papa John's. Signed by Judge J. Nicholas Ranjan on 7/26/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 41
Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Video Oral Argument held on 7/27/2023. (Court Reporter: T. Benson) (pak)
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Filing 40
NOTICE of Appearance by Jamisen A. Etzel on behalf of AMBER COOK. (Etzel, Jamisen)
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Filing 39
ORDER re #25 Motion to Dismiss. Video Joint Oral Argument on the pending motions to dismiss in this case and in Schnur v. Papa John's International, Inc. at 2:22-cv-1620 is set for 7/27/2023 at 10:00 a.m. before Judge J. Nicholas Ranjan. The Court will contact counsel via e-mail prior to the hearing date with details for accessing the video conference. The Court believes that oral argument will assist it primarily as to the issues of (1) standing, and (2) whether the session replay code captures "content" as defined by the wiretap law, and therefore oral argument should be focused on those issues. The Court has allocated 1.5 hours total for oral argument for both cases. Counsel shall confer and agree on how the time should be allocated among all counsel, and e-mail Chambers by 7/20/2023 as to the specifics of the allocation. Signed by Judge J. Nicholas Ranjan on 7/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 38
NOTICE of Supplemental Authority by GAMESTOP, INC. re #25 Motion to Dismiss (Attachments: #1 Exhibit 1, Lightoller v. Jetblue Airways Corp.) (Pan, Sheri)
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Filing 37
ORDER. In light of the parties' #35 , #36 responses to the Court's Order to Show Cause, the Court will not transfer this case to the Western District of Washington and will take Defendant's pending #25 motion to dismiss under advisement before issuing an opinion. Signed by Judge J. Nicholas Ranjan on 4/27/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 36
RESPONSE TO ORDER TO SHOW CAUSE re 34 Order to Show Cause,, filed by AMBER COOK. (Lynch, Gary)
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Filing 35
RESPONSE TO ORDER TO SHOW CAUSE re 34 Order to Show Cause,, filed by GAMESTOP, INC.. (Landis, Jeffrey)
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Filing 34
ORDER TO SHOW CAUSE. By no later than 4/26/2023, the parties shall separately file responses to this Order stating why the Court should not transfer this case sua sponte to the Western District of Washington, pursuant to 28 U.S.C. 1404(a), for the same reasons stated in Popa v. PSP Group, LLC, No. 22-cv-1357, 2023 WL 2243079 (W.D. Pa. Feb. 27, 2023). If either of the parties consent to the transfer, they should file a short notice to that effect in lieu of a response. Signed by Judge J. Nicholas Ranjan on 4/19/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 33
REPLY in Support of Request for Judicial Notice to #28 Notice, filed by GAMESTOP, INC.. (Landis, Jeffrey)
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Filing 32
REPLY to Response to Motion re #25 Motion to Dismiss filed by GAMESTOP, INC.. (Landis, Jeffrey)
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Filing 31
BRIEF in Opposition re #25 Motion to Dismiss filed by AMBER COOK. (Lynch, Gary)
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Filing 30
RESPONSE IN OPPOSITION to #28 Notice, filed by AMBER COOK. (Lynch, Gary)
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Filing 29
ORDER re #25 Motion to Dismiss. Plaintiff shall file her brief in response to the #25 motion on or before 2/14/2023; Defendant's reply brief due by 2/28/2023. Brief in response shall not exceed 30 pages in length; reply brief shall not exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 1/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 28
NOTICE - Request for Judicial Notice by GAMESTOP, INC. re #25 Motion to Dismiss (Landis, Jeffrey)
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Filing 27
DECLARATION re #25 MOTION to Dismiss re #22 Amended Complaint by GAMESTOP, INC. Affiant: Robert Canny. (Attachments: #1 Exhibit A-Privacy Policy, #2 Exhibit B-Privacy Policy) (Landis, Jeffrey)
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Filing 26
BRIEF in Support re #25 Motion to Dismiss First Amended Complaint filed by GAMESTOP, INC.. (Landis, Jeffrey)
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Filing 25
MOTION to Dismiss re #22 Amended Complaint by GAMESTOP, INC.. (Attachments: #1 Proposed Order) (Landis, Jeffrey)
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Filing 24
ORDER denying as moot #11 Motion to Dismiss for Failure to State a Claim, as Plaintiff has filed an #22 Amended Complaint. Signed by Judge J. Nicholas Ranjan on 12/19/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 23
ORDER granting #21 Motion for Leave to File Amended Complaint and to Set Briefing Schedule. Plaintiff shall file her Amended Complaint on or before 12/16/2022; GAMESTOP, INC.'s answer or other response due by 1/16/2023; Plaintiff's Brief in Opposition to an anticipated motion to dismiss due by 2/15/2023; Defendant's reply brief due by 3/1/2023. Defendant's brief in support of any motion to dismiss and Plaintiff's brief in opposition shall not exceed 30 pages in length. Defendant's reply brief shall not exceed 12 pages in length. Signed by Judge J. Nicholas Ranjan on 12/16/2022. (pak)
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Filing 22
First AMENDED COMPLAINT against GAMESTOP, INC. GAMESTOP, INC. answer due 12/30/2022, filed by AMBER COOK. (Lynch, Gary)
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Update Answer Deadline. (pak)
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Filing 21
Joint MOTION for Leave to File Amended Complaint and to Set Briefing Schedule by AMBER COOK. (Attachments: #1 Proposed Order) (Lynch, Gary)
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Filing 20
ORDER granting #9 Motion for Sheri Pan to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 11/9/2022. (pak)
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Filing 19
ORDER granting #8 Motion for Jeffrey Landis to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 11/9/2022. (pak)
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Filing 18
Proposed Order re #9 Motion to Appear Pro Hac Vice of Sheri Pan by GAMESTOP, INC.. (Pan, Sheri)
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Filing 17
Proposed Order re #8 Motion to Appear Pro Hac Vice of Jeffrey Landis by GAMESTOP, INC.. (Landis, Jeffrey)
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Filing 16
Errata re 13 Supplement by GAMESTOP, INC.. Reason for Correction: Signature on document and filer do not match. (Wyrick, William)
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Filing 15
Errata re 12 Brief in Support of Motion by GAMESTOP, INC.. Reason for Correction: Signature on document and filer do not match. (Wyrick, William)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 12 Brief in Support of Motion. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (sdp)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 13 Supplement. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (sdp)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Motion to Appear Pro Hac Vice, #8 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (sdp)
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Filing 14
ORDER re #11 Motion to Dismiss for Failure to State a Claim. Plaintiff shall file her brief in response to the #11 motion on or before 12/16/2022; Defendant's reply brief due by 1/13/2023. The brief in response shall not exceed 35 pages in length; the reply brief shall not exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 11/4/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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Filing 13
SUPPLEMENT by GAMESTOP, INC. to #12 Brief in Support of Motion. (Wyrick, William)
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Filing 12
BRIEF in Support re #11 Motion to Dismiss for Failure to State a Claim filed by GAMESTOP, INC.. (Wyrick, William)
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Filing 11
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GAMESTOP, INC.. (Attachments: #1 Proposed Order, #2 Declaration of Robert Canny, #3 Exhibit A, #4 Exhibit B) (Wyrick, William)
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Filing 10
Disclosure Statement identifying GameStop Corp. as corporate parent or other affiliate, by GAMESTOP, INC.. (Wyrick, William)
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Filing 9
MOTION for attorney Sheri Pan to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7376881) by GAMESTOP, INC.. (Attachments: #1 Exhibit NY Certificate of Good Standing) (Pan, Sheri)
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Filing 8
MOTION for attorney Jeffrey Landis to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7376843) by GAMESTOP, INC.. (Attachments: #1 Exhibit DC Certificate of Good Standing) (Landis, Jeffrey)
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Filing 7
NOTICE of Appearance by Adam T. Petrun on behalf of GAMESTOP, INC.. (Petrun, Adam)
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Filing 6
NOTICE of Appearance by William J. Wyrick on behalf of GAMESTOP, INC.. (Wyrick, William)
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Filing 5
Stipulation for Extension of Time to Answer by GAMESTOP, INC. Answer due from GAMESTOP, INC.. (Wyrick, William)
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Filing 4
SUMMONS/Return of Service Returned Executed by AMBER COOK. GAMESTOP, INC. served on 9/13/2022, answer due 10/4/2022. (Lynch, Gary)
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Judge J. Nicholas Ranjan added as presider. (jv)
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Filing 3
TEXT ORDER OF RECUSAL. Pursuant to 28 U.S.C. section 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 9/12/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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Filing 2
Summons Issued as to GAMESTOP, INC. (sdp)
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Filing 1
COMPLAINT against GAMESTOP, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7283480), filed by AMBER COOK. (Attachments: #1 Civil Cover Sheet) (sdp)
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| Plaintiff: AMBER COOK | |
| Represented By: | Gary F. Lynch |
| Represented By: | Jamisen A. Etzel |
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| Defendant: GAMESTOP, INC. | |
| Represented By: | Jeffrey G Landis |
| Represented By: | Sheri B. Pan |
| Represented By: | Adam T. Petrun |
| Represented By: | William J. Wyrick |
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