SMIDGA v. SPIRIT AIRLINES, INC.
| MALINDA A. SMIDGA |
| SPIRIT AIRLINES, INC. |
| Kayla Mandeng and Frances Curd |
| 2:2022cv01578 |
| November 7, 2022 |
| U.S. District Court for the Western District of Pennsylvania |
| Marilyn J Horan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 62
RESPONSE IN OPPOSITION to #59 Request for Judicial Notice in Support of Motion to Dismiss Amended Complaint filed by Frances Curd, Kayla Mandeng, MALINDA A. SMIDGA. (Pollock-Avery, Elizabeth) Modified text on 11/17/2023. (cel)
|
|
Filing 61
BRIEF in Opposition re #57 Motion to Dismiss for Failure to State a Claim, Motion to Strike, filed by Frances Curd, Kayla Mandeng, MALINDA A. SMIDGA. (Attachments: #1 Exhibit A - Redlined complaint) (Pollock-Avery, Elizabeth) Modified text on 11/17/2023. (cel)
|
|
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #57 Motion to Dismiss for Failure to State a Claim, Motion to Strike. 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 Strike. This message is for informational purposes only. (cel)
|
|
Filing 60
TEXT ORDER Following initial review of Defendant's Motion to Dismiss and Motion to Strike First Consolidated Amended Complaint #57 , it is hereby ordered that any briefing on the Motion to Dismiss component is stayed until further order of court. Any response to the Motion to Strike component shall be filed on or before November 17, 2023. Any reply shall be filed on or before November 23, 2023. It is further ordered that any response to Defendant's Request for Judicial Notice #59 shall be filed on or before November 17, 2023. Signed by Judge Marilyn J. Horan on 11/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
|
|
Filing 59
NOTICE / Request for Judicial Notice by SPIRIT AIRLINES, INC. re #58 Brief in Support of Motion, #57 Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order, #2 Exhibit Exhs. 1-10, #3 Exhibit Exhs. 11-20, #4 Exhibit Exhs. 21-30, #5 Exhibit Exhs. 31-40) (Feeney, Brian)
|
|
Filing 58
BRIEF in Support re #57 Motion to Dismiss for Failure to State a Claim and Strike First Consolidated Amended Complaint filed by SPIRIT AIRLINES, INC.. (Attachments: #1 Declaration) (Feeney, Brian)
|
|
Filing 57
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike First Consolidated Amended Complaint re #53 Amended Complaint by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order, #2 Exhibit A) (Feeney, Brian)
|
|
Filing 56
STIPULATION AND ORDER Upon consideration of the StipulationExtending the Page Limit of Filings Relating to Defendant's Forthcoming Motion to Dismiss, it is hereby ORDERED, ADJUDGED, and DECREED that said Stipulation is GRANTED. The parties may submit filings which relate to Defendants forthcoming motion to dismiss in excess of 25 pages, but not exceeding 40 pages. Signed by Judge Marilyn J. Horan on 11/8/2023. (bjl)
|
|
Filing 55
STIPULATION Extending the Page Limit of Filings by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 54
TEXT ORDER An Amended Complaint having been filed #53 , Defendant's Motions to Dismiss #50 are moot. Defendant shall answer or otherwise respond on or before 11/9/2023. Signed by Judge Marilyn J. Horan on 10/27/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bjl)
|
|
Filing 53
AMENDED COMPLAINT re: FIRST CONSOLIDATED AMENDED COMPLAINT against SPIRIT AIRLINES, INC. SPIRIT AIRLINES, INC. answer due 11/9/2023, filed by Frances Curd; MALINDA A. SMIDGA; Kayla Mandeng. (Lynch, Gary)
|
|
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #50 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. ERROR: Incorrect relief selected. CORRECTION: Changed relief from Motion to Dismiss to Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #50 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support. This message is for informational purposes only. (kss)
|
|
W/ #50 BRIEF in Support re #50 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by SPIRIT AIRLINES, INC. (kss)
|
|
Filing 52
Proposed Order re #50 Motion to Dismiss by SPIRIT AIRLINES, INC.. (Feeney, Brian)
|
|
Filing 51
NOTICE Request for Judicial Notice by SPIRIT AIRLINES, INC. re #50 Motion to Dismiss (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-40, #5 Proposed Order) (Feeney, Brian)
|
|
Filing 50
MOTION to Dismiss for Lack of Jurisdiction Consolidated Amended Complaint re #45 Amended Complaint by SPIRIT AIRLINES, INC. (Attachments: #1 Declaration of Rocky Wiggins) (Feeney, Brian). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 10/12/2023 (kss)
|
|
Filing 49
ORDER Upon consideration of the Stipulation Extending the Page Limit of Filings Relating to Defendant's Forthcoming Motion to Dismiss, it is hereby ORDERED, ADJUDGED, and DECREED that said Stipulation is GRANTED. The parties may submit filings which relate to Defendant's forthcoming motion to dismiss in excess of 25 pages, but not exceeding 40 pages. Signed by Judge Marilyn J. Horan on 9/27/2023. (bjl)
|
|
Filing 48
STIPULATION Extending the Page Limit of Filings Relating to Defendant's Forthcoming Motion to Dismiss by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 47
ORDER granting #46 Motion for Jonathen Jagher to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 8/23/2023. (dmm)
|
|
Filing 46
MOTION for attorney Jonathen M. Jagher to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7846654) by Frances Curd. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Jagher, Jonathan)
|
|
Filing 45
AMENDED COMPLAINT against SPIRIT AIRLINES, INC., filed by Frances Curd, MALINDA A. SMIDGA, Kayla Mandeng. (Lynch, Gary)
|
|
Filing 43
ORDER granting #41 Motion for James Pizzirusso to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 7/12/2023. (dmm)
|
|
Filing 42
ORDER granting #40 Motion for Steven Nathan to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 7/12/2023. (dmm)
|
|
Filing 41
MOTION for attorney JAMES J. PIZZIRUSSO to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7778844) by Frances Curd, Kayla Mandeng. (Attachments: #1 Affidavit Affidavit ISO PHV, #2 Exhibit EX A Certificate, #3 Proposed Order Proposed Order) (Pizzirusso, James)
|
|
Filing 40
MOTION for attorney STEVEN M. NATHAN to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7778838) by Frances Curd, Kayla Mandeng. (Attachments: #1 Affidavit Affidavit ISO PHV, #2 Exhibit EX A Certificate, #3 Proposed Order Proposed Order) (Nathan, Steven)
|
|
Filing 39
ORDER granting #37 Motion to Consolidate Cases. Plaintiffs shall file a Consolidated Amended Complaint by August 22, 2023. Defendant shall have 45 days from the filing of the Consolidated Amended Complaint to file its Answer or otherwise respond to the Consolidated Amended Complaint. In light of the consolidation of the three cases, #24 Defendant's Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim are denied as moot. Signed by Judge Marilyn J. Horan on 7/5/2023. (dmm)
|
|
Filing 38
BRIEF in Support re #37 Motion to Consolidate Cases filed by SPIRIT AIRLINES, INC.. (Attachments: #1 Exhibit A - C) (Feeney, Brian)
|
|
Filing 37
Joint MOTION to Consolidate Cases by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 36
ORDER granting #35 Motion for Extension of Time to File Reply. Defendant's Reply in support of its Motion to Dismiss and Reply in Support of its Request for Judicial Notice is due on or before June 30, 2023. Signed by Judge Marilyn J. Horan on 5/22/2023. (dmm)
|
|
Filing 35
Joint MOTION for Extension of Time to File Response/Reply as to #25 Brief in Support of Motion, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #18 Amended Complaint MOTION to Dismiss for Lack of Jurisdiction by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Guyon, Rebekah)
|
|
Filing 34
ORDER granting #33 Motion for Extension of Time to File Reply. Defendant's Reply is due by 5/19/2023. Signed by Judge Marilyn J. Horan on 4/6/2023. (dmm)
|
|
Filing 33
Joint MOTION for Extension of Time to File Response/Reply as to #26 Notice, #25 Brief in Support of Motion, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #18 Amended Complaint MOTION to Dismiss for Lack of Jurisdiction by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 32
RESPONSE IN OPPOSITION to #26 Notice, filed by MALINDA A. SMIDGA. (Lynch, Gary) Modified text on 3/28/2023. (cel)
|
|
Filing 31
BRIEF in Opposition re #24 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by MALINDA A. SMIDGA. (Attachments: #1 Exhibit A - Huber v. Expedia Group, Inc. - Order of March 22, 2023) (Lynch, Gary)
|
|
Filing 30
ORDER granting #29 Motion for Extension of Time to File Response/Reply. Defendant's Reply is due by 3/24/2023. Plaintiff's Reply is due by 4/7/2023. Signed by Judge Marilyn J. Horan on 3/17/2023. (dmm)
|
|
Filing 29
Joint MOTION for Extension of Time to File Response/Reply as to #25 Brief in Support of Motion, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #18 Amended Complaint MOTION to Dismiss for Lack of Jurisdiction by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 28
ORDER granting #27 Motion for Leave to File Excess Pages. Signed by Judge Marilyn J. Horan on 3/14/2023. (dmm)
|
|
Filing 27
Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Opposition to Motion to Dismiss by MALINDA A. SMIDGA. (Attachments: #1 Proposed Order) (Lynch, Gary)
|
|
Filing 26
NOTICE Request for Judicial Notice by SPIRIT AIRLINES, INC. re #24 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, #25 Brief in Support of Motion (Attachments: #1 Exhibit 1-5, #2 Proposed Order) (Feeney, Brian)
|
|
Filing 25
BRIEF in Support re #24 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by SPIRIT AIRLINES, INC.. (Attachments: #1 Declaration of Rockey Bruce Wiggins) (Feeney, Brian)
|
|
Filing 24
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #18 Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 23
ORDER granting #22 Motion for Leave to Exceed 25-Page Limit for Motion to Dismiss. Defendant may file a Brief not to exceed 30 pages in support of its Motion to Dismiss Plaintiff's Amended Complaint. Signed by Judge Marilyn J. Horan on 2/22/2023. (dmm)
|
|
Filing 22
Unopposed MOTION for Leave to File For Defendant to Exceed 25-Page Limit For Motion to Dismiss by SPIRIT AIRLINES, INC.. (Attachments: #1 Proposed Order) (Feeney, Brian)
|
|
Filing 21
ORDER, by stipulation and agreement of the parties, Defendant's Answer to Plaintiff's Complaint is due by 2/24/2023. Signed by Judge Marilyn J. Horan on 2/13/2023. (dmm)
|
|
Filing 20
Stipulation for Extension of Time to Answer by SPIRIT AIRLINES, INC. Answer due from SPIRIT AIRLINES, INC. on 2/24/2023. (Feeney, Brian)
|
|
Filing 19
ORDER denying as moot #15 Motions to Dismiss. As #18 Amended Complaint has been filed, Defendant's Motions to Dismiss are denied as moot. Signed by Judge Marilyn J. Horan on 2/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dmm)
|
|
Filing 18
First AMENDED COMPLAINT against SPIRIT AIRLINES, INC. SPIRIT AIRLINES, INC. answer due 2/17/2023, filed by MALINDA A. SMIDGA. (Lynch, Gary)
|
|
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion to Dismiss. ERROR: Document incorrectly linked. CORRECTION: Linked to #1 Complaint. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised 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. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Motion to Dismiss. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion to Dismiss for Lack of Jurisdiction. This message is for informational purposes only. (cel)
|
|
CLERK'S OFFICE QUALITY CONTROL MESSAGE sent in error. Disregard this notice. (cel) Modified on 1/17/2023 (cel).
|
|
Filing 17
NOTICE Request for Judicial Notice in Support of Motion to Dismiss by SPIRIT AIRLINES, INC. re #15 Motion to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order) (Feeney, Brian)
|
|
Filing 16
BRIEF in Support re #15 Motion to Dismiss Class Action Complaint filed by SPIRIT AIRLINES, INC.. (Feeney, Brian)
|
|
Filing 15
MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim re: #1 Complaint by SPIRIT AIRLINES, INC. (Attachments: #1 Declaration, #2 Proposed Order) (Feeney, Brian) Modified on 1/18/2023 (cel). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 1/18/2023 (cel). Modified on 1/18/2023 (cel).
|
|
Filing 14
Disclosure Statement identifying None as corporate parent or other affiliate, by SPIRIT AIRLINES, INC.. (Feeney, Brian)
|
|
Filing 13
ORDER granting #12 Motion for Jordanna Ishmael to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 12/22/2022. (dmm)
|
|
Filing 12
MOTION for attorney Jordanna Ishmael to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7454519) by SPIRIT AIRLINES, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Ishmael, Jordanna)
|
|
Filing 11
ORDER granting #9 Motion for Rebekah Guyon to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 12/21/2022. (dmm)
|
|
Filing 10
ORDER granting #8 Motion for Mark Salky to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 12/21/2022. (dmm)
|
|
Filing 9
MOTION for attorney Rebekah S. Guyon to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7454339) by SPIRIT AIRLINES, INC.. (Attachments: #1 Affidavit of Rebekah S. Guyon, #2 Proposed Order) (Guyon, Rebekah)
|
|
Filing 8
MOTION for attorney Mark A. Salky to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7454215) by SPIRIT AIRLINES, INC.. (Attachments: #1 Affidavit In Support of Motion for Admission for Pro Hac Vice, #2 Proposed Order) (Salky, Mark)
|
|
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #8 , #9 , and #12 Motions to Appear Pro Hac Vice. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A AND 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 12/28/2022. (av)
|
|
Filing 7
Stipulation for Extension of Time to Answer by SPIRIT AIRLINES, INC. Answer due from SPIRIT AIRLINES, INC. on 1/13/2023. (Feeney, Brian)
|
|
Filing 6
NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of MALINDA A. SMIDGA. (Pollock-Avery, Elizabeth)
|
|
Filing 5
NOTICE of Appearance by Brian T. Feeney on behalf of SPIRIT AIRLINES, INC.. (Feeney, Brian)
|
|
Filing 4
SUMMONS/Return of Service Returned Executed by MALINDA A. SMIDGA. SPIRIT AIRLINES, INC. served on 11/10/2022, answer due 12/1/2022. (Lynch, Gary)
|
|
Filing 3
STANDING ORDER AND PROCEDURES ON CIVIL MOTION PRACTICE. Signed by Judge Marilyn J. Horan on 11/10/2022. (dmm)
|
|
Filing 2
Summons Issued as to SPIRIT AIRLINES, INC. (av)
|
|
Filing 1
COMPLAINT against SPIRIT AIRLINES, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7382220), filed by MALINDA A. SMIDGA. (Attachments: #1 Civil Cover Sheet) (av)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
