EMMETT v. DELTA AIR LINES, INC.
| RYAN EMMETT |
| DELTA AIR LINES, INC. |
| 2:2022cv01568 |
| November 4, 2022 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of Supplemental Authority by DELTA AIR LINES, INC. re #35 Brief in Support of Motion, #44 Reply Brief, #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, (Attachments: #1 Exhibit A, #2 Exhibit B) (Wolff, Peter) Modified text on 8/31/2023. (cel) |
| Filing 50 NOTICE of Supplemental Authority by RYAN EMMETT re #41 Brief in Opposition to Motion (Attachments: #1 Exhibit A - Oliver v. Noom, Inc., #2 Exhibit B - Brown v. Google LLC) (Lynch, Gary) |
| Filing 49 NOTICE OF SUPPLEMENTAL AUTHORITY by DELTA AIR LINES, INC. to #35 Brief in Support of Motion, #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #44 Reply Brief. (Attachments: #1 Exhibit A) (Wolff, Peter) Modified text on 8/17/2023. (kss) |
| Filing 48 NOTICE OF SUPPLEMENTAL AUTHORITIES by DELTA AIR LINES, INC. to #35 Brief in Support of Motion, #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #44 Reply Brief. (Attachments: #1 Exhibit A, #2 Exhibit B) (Wolff, Peter) Modified text on 7/27/2023. (cel) |
| Filing 47 SUPPLEMENT by DELTA AIR LINES, INC. to #35 Brief in Support of Motion, #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #44 Reply Brief. (Attachments: #1 Exhibit A) (Wolff, Peter) Modified text on 7/20/2023. (cel) |
Filing 46
ORDER granting #45 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 45 MOTION to Withdraw as Attorney Motion to Withdraw Stephen F. Raiola Appearance by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Wolff, Peter) |
| Filing 44 REPLY BRIEF re #41 Brief in Opposition to #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction #34 filed by DELTA AIR LINES, INC. (Raiola, Stephen) Modified text on 5/25/2023. (cel) |
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Filing 43
ORDER granting #42 Motion for Leave to File Excess Pages. The page limit for Defendant's reply in support of its motion to dismiss shall be extended to 20 pages. Signed by Judge Robert J. Colville on 5/16/23. 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 42 Unopposed MOTION for Leave to File Excess Pages by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen) |
| Filing 41 BRIEF in Opposition re #34 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, filed by RYAN EMMETT. (Etzel, Jamisen) |
| Filing 40 REPLY BRIEF re #36 Motion for Judicial Notice, filed by DELTA AIR LINES, INC. (Raiola, Stephen) Modified text on 4/28/2023. (cel) |
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Filing 39
ORDER granting #38 Motion for Extension of Time to File Response/Reply. Response due by 5/8/2023. Reply due by 5/25/2023. Signed by Judge Robert J. Colville on 4/26/23. 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 38 Joint MOTION for Extension of Time to File Response/Reply as to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by RYAN EMMETT. (Attachments: #1 Proposed Order) (Lynch, Gary) |
| Filing 37 RESPONSE IN OPPOSITION to Defendant's Request for Judicial Notice in Support of #36 Motion for Judicial Notice in Support of #34 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by RYAN EMMETT. (Lynch, Gary) Modified text on 4/25/2023. (cel) |
| Filing 36 MOTION for Judicial Notice in Support of Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim by DELTA AIR LINES, 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) |
| Filing 35 BRIEF in Support re #34 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by DELTA AIR LINES, INC.. (Raiola, Stephen) |
| Filing 34 MOTION TO DISMISS #29 Amended Complaint FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION to Dismiss #29 Complaint for Lack of Jurisdiction by DELTA AIR LINES, INC. (Attachments: #1 Proposed Order) (Raiola, Stephen) Modified text on 4/7/2023. (cel) |
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Filing 33
ORDER granting #31 Motion for Leave to File Excess Pages. The page limit for Defendant's motion to dismiss and Plaintiff's opposition to same shall each be extended to 29 pages. Signed by Judge Robert J. Colville on 3/31/23. 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 32 NOTICE of Appearance by Jamisen A. Etzel on behalf of RYAN EMMETT. (Etzel, Jamisen) |
| Filing 31 Joint MOTION for Leave to File Excess Pages by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen) |
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Filing 30
ORDER dismissing Motions at #25 and #27 in light of the filing of an amended complaint at #29 . Signed by Judge Robert J. Colville on 3/9/23. 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 29 First AMENDED COMPLAINT against DELTA AIR LINES, INC. DELTA AIR LINES, INC. answer due 4/7/2023, filed by RYAN EMMETT. (Lynch, Gary) |
| Filing 28 Disclosure Statement by RYAN EMMETT. (Lynch, Gary) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #25 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney 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 Dismiss for Failure to State a Claim. This message is for informational purposes only. (cel) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Plaintiff did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney is 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 1/30/2023. (cel) |
| Filing 27 MOTION for Judicial Notice in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim by DELTA AIR LINES, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Raiola, Stephen) |
| Filing 26 BRIEF in Support re #25 Motion to Dismiss/Lack of Jurisdiction and Failure to State a Claim filed by DELTA AIR LINES, INC.. (Raiola, Stephen) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 1/30/2023 (cel) |
| Filing 24 Disclosure Statement identifying None as corporate parent or other affiliate, by DELTA AIR LINES, INC.. (Raiola, Stephen) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #8 Disclosure Statement. 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 1/20/2023. (cel) |
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Filing 23
ORDER granting #22 Motion for Jeffrey Huberman to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 1/12/2023. 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 22 MOTION for attorney Jeffrey Huberman to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7486449) by DELTA AIR LINES, INC.. (Attachments: #1 Affidavit of Jeffrey Huberman in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Huberman, Jeffrey) |
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Filing 21
ORDER granting #20 Motion for Leave to File Excess Pages. The page limit for Defendants motion to dismiss and Plaintiffs opposition to the same shall each be extended to 25 pages each. Signed by Judge Robert J. Colville on 1/10/23. 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 20 Joint MOTION for Leave to File Excess Pages by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen) |
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Filing 19
ORDER granting #17 Motion for Eric C. Bosset to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/22/22. 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 #16 Motion for Ziwei Song to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/22/22. 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 Eric C. Bosset to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7407506) by DELTA AIR LINES, INC.. (Attachments: #1 Affidavit of Eric C. Bosset in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Bosset, Eric) |
| Filing 16 MOTION for attorney Ziwei Song to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7407278) by DELTA AIR LINES, INC.. (Attachments: #1 Affidavit of Ziwei Song in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Song, Ziwei) |
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Filing 15
Order Granting #9 Joint MOTION to Modify Schedule for Responding to Complaint and Briefing any Motion to Dismiss filed by DELTA AIR LINES, INC. DELTA AIR LINES, INC. shall answer or otherwise respond to re #1 Complaint by 1/20/2023. Plaintiff shall respond to any Rule 12 motion and accompanying filings filed by Defendant or, alternatively, file an amended complaint per Fed. R. Civ. P. 15(a)(1)(B), by 3/7/23. Defendant shall file any reply by 4/7/23. Signed by Judge Robert J. Colville on 11/22/22. (cjo)
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Filing 14
ORDER granting #12 Motion for Matthew Q. Verdin to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/22/22. 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 13
ORDER granting #10 Motion for Emily Johnson Henn to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 11/22/22. 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 12 MOTION for attorney Matthew Q. Verdin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7405887) by DELTA AIR LINES, INC.. (Attachments: #1 Affidavit of Matthew Q. Verdin in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Verdin, Matthew) |
| Filing 11 NOTICE of Appearance by Peter S. Wolff on behalf of DELTA AIR LINES, INC.. (Wolff, Peter) |
| Filing 10 MOTION for attorney Emily Johnson Henn to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7405885) by DELTA AIR LINES, INC.. (Attachments: #1 Affidavit of Emily Johnson Henn in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Henn, Emily) |
| Filing 9 Joint MOTION to Modify Schedule for Responding to Complaint and Briefing any Motion to Dismiss by DELTA AIR LINES, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen) |
| Filing 8 Disclosure Statement identifying None as corporate parent or other affiliate, by DELTA AIR LINES, INC.. (Raiola, Stephen) |
| Filing 7 NOTICE of Appearance by Stephen Francis Raiola on behalf of DELTA AIR LINES, INC.. (Raiola, Stephen) |
| Filing 6 SUMMONS/Return of Service Returned Executed by RYAN EMMETT. DELTA AIR LINES, INC. served on 11/7/2022, answer due 11/28/2022. (Lynch, Gary) |
| 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 11/8/22. (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) |
| Filing 2 Summons Issued as to DELTA AIR LINES, INC. (av) |
| Filing 1 COMPLAINT against DELTA AIR LINES, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7378476), filed by RYAN EMMETT. (Attachments: #1 Civil Cover Sheet) (av) |
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