SCHNUR v. PAPA JOHN'S INTERNATIONAL, INC.
Plaintiff: JORDAN SCHNUR
Defendant: PAPA JOHN'S INTERNATIONAL, INC. d/b/a PAPA JOHN'S
Case Number: 2:2022cv01620
Filed: November 15, 2022
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: J Nicholas Ranjan
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2023 Opinion or Order Filing 56 USCA Case Number 23-2573 for #54 Notice of Appeal, filed by JORDAN SCHNUR. USCA Case Manager Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF)(cw3)
August 29, 2023 Opinion or Order Filing 55 Errata re #53 Order on Motion to Dismiss. Dismissal of this action is without prejudice to Plaintiff to re-file in a forum that has personal jurisdiction over Defendant. (pak)
August 28, 2023 Opinion or Order Filing 54 NOTICE OF APPEAL as to #53 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, #52 Memorandum Opinion by JORDAN SCHNUR. Filing fee $505, receipt number APAWDC-7855715. 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)
August 28, 2023 Opinion or Order Filing 53 ORDER granting #27 Motion to Dismiss. The #24 first amended complaint is hereby DISMISSED WITH PREJUDICE, for the reasons stated in the accompanying #52 Opinion. The Clerk of Court is directed to mark this case as CLOSED. Signed by Judge J. Nicholas Ranjan on 8/28/2023. (pak) Errata filed at ECF 55 . Modified text on 8/29/2023. (pak)
August 28, 2023 Opinion or Order Filing 52 OPINION re #27 Motion to Dismiss the First Amended Complaint. Signed by Judge J. Nicholas Ranjan on 8/28/2023. (pak)
August 24, 2023 Opinion or Order Filing 51 NOTICE of Supplemental Authority by JORDAN SCHNUR re #31 Brief in Opposition to Motion (Attachments: #1 Exhibit A - Oliver v. Noom, Inc., #2 Exhibit B - Brown v. Google LLC) (Lynch, Gary)
August 23, 2023 Opinion or Order Filing 50 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)
July 27, 2023 Opinion or Order Filing 49 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)
July 27, 2023 Opinion or Order Filing 48 Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Video Oral Argument held on 7/27/2023. (Court Reporter: T. Benson) (pak)
July 26, 2023 Opinion or Order Filing 47 NOTICE of Appearance by Jamisen A. Etzel on behalf of JORDAN SCHNUR. (Etzel, Jamisen)
July 26, 2023 Opinion or Order Filing 46 SUPPLEMENT by PAPA JOHN'S INTERNATIONAL, INC. to #38 Errata, #27 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, #28 Brief in Support of Motion. (Attachments: #1 Exhibit A) (Wolff, Peter)
July 25, 2023 Opinion or Order Filing 45 SUPPLEMENT by PAPA JOHN'S INTERNATIONAL, INC. to #38 Errata, #27 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, #28 Brief in Support of Motion (Attachments: #1 Exhibit A) (Wolff, Peter)
July 20, 2023 Opinion or Order Filing 44 SUPPLEMENT by PAPA JOHN'S INTERNATIONAL, INC. to #38 Errata, #27 Motion to Dismiss/Lack of Jurisdiction,, Motion to Dismiss for Failure to State a Claim, #28 Brief in Support of Motion. (Attachments: #1 Exhibit A) (Wolff, Peter)
July 10, 2023 Opinion or Order Filing 43 ORDER re #27 Motion to Dismiss. Video Joint Oral Argument on the pending motions to dismiss in this case and in Cook v. Gamestop, Inc. at 2:22-cv-1292 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)
June 23, 2023 Opinion or Order Filing 42 BRIEF in Support of Standing re: 36 Order filed by JORDAN SCHNUR. (Lynch, Gary) Modified text on 7/5/2023. (cel)
June 12, 2023 Opinion or Order Filing 41 BRIEF in Support of 36 Order, Set Deadlines, Defendant's Brief on Standing filed by PAPA JOHN'S INTERNATIONAL, INC. (Wolff, Peter)
June 7, 2023 Opinion or Order Filing 40 ORDER granting #39 Motion for Jeffrey Huberman to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 6/7/2023. (pak)
June 7, 2023 Opinion or Order Filing 39 MOTION for attorney Jeffrey Huberman to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7727417) by PAPA JOHN'S INTERNATIONAL, INC. (Attachments: #1 Affidavit of Jeffrey Huberman, #2 Proposed Order) (Huberman, Jeffrey)
June 2, 2023 Opinion or Order Filing 38 Errata re #37 Reply Brief, Defendant's Reply In Support of Motion to Dismiss Plaintiff's Amended Complaint (corrected signature block) by PAPA JOHN'S INTERNATIONAL, INC. Reason for Correction: Correcting signature block to identify pro hac vice forthcoming. (Wolff, Peter)
June 2, 2023 Opinion or Order Filing 37 REPLY BRIEF re #27 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, #31 Brief in Opposition to Motion, #28 Brief in Support of Motion, Defendant's Reply In Support of Motion to Dismiss Plaintiff's Amended Complaint filed by PAPA JOHN'S INTERNATIONAL, INC. (Wolff, Peter). Document removed from view and refiled as an Errata at #38 .
May 31, 2023 Opinion or Order Filing 36 ORDER. Briefing on the #27 Motion to Dismiss is set to end on 6/2/2023. A similar case before the Court, Cook v. Gamestop, Inc. (No. 22-CV-1292), raises issues of Article III standing. While the Defendant in this case has not challenged Plaintiff's Article III standing, "[c]ourts are obligated to raise the issue of standing sua sponte." Frempong v. Nat'l City Bank of Indiana, 452 F. App'x 167, 170 (3d Cir. 2011). Accordingly, the Court hereby orders the parties to brief the issue of standing, including addressing Judge Andrews's opinion in Massie v. Gen. Motors LLC, No. 21-787, 2022 WL 534468 (D. Del. Feb. 17, 2022). Defendant's brief is due by 6/12/2022; Plaintiff's response due 6/23/2023; Defendant's reply (if any) due 6/30/2023. No brief shall exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 05/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
May 31, 2023 Opinion or Order Filing 35 ORDER granting #34 Motion to Withdraw as Attorney. Attorney Stephen Francis Raiola terminated. Signed by Judge J. Nicholas Ranjan on 5/31/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
May 30, 2023 Opinion or Order Filing 34 MOTION to Withdraw as Attorney Motion to Withdraw Stephen F. Raiola Appearance by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Proposed Order) (Wolff, Peter)
May 26, 2023 Opinion or Order Filing 33 ORDER granting #32 Motion for Leave to File Excess Pages. The page limit for Defendant's reply in support of its #27 Motion to Dismiss shall be extended to 15 pages. Signed by Judge J. Nicholas Ranjan on 5/26/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
May 26, 2023 Opinion or Order Filing 32 Unopposed MOTION for Leave to File Excess Pages for Defendant's Reply In Support of Motion to Dismiss by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Proposed Order) (Wolff, Peter)
May 19, 2023 Opinion or Order Filing 31 BRIEF in Opposition re #27 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, filed by JORDAN SCHNUR. (Lynch, Gary)
April 24, 2023 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time to File Response/Reply. Plaintiff shall file his brief in response to defendant's pending #27 motion to dismiss on or before 5/19/2023; defendant's reply brief due by 6/2/2023. The brief in response shall not exceed 20 pages in length; the reply brief shall not exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 4/24/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
April 21, 2023 Opinion or Order Filing 29 Joint MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen)
April 21, 2023 Opinion or Order Filing 28 BRIEF in Support re #27 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Declaration of Ziwei Song, #2 Declaration of Joshua Hall) (Raiola, Stephen)
April 21, 2023 Opinion or Order Filing 27 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen)
March 23, 2023 Opinion or Order Filing 26 ORDER denying as moot defendant's #20 Motion to Dismiss in light of the filing of plaintiff's #24 amended complaint. Signed by Judge J. Nicholas Ranjan on 3/23/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
March 21, 2023 Opinion or Order Filing 25 Disclosure Statement by JORDAN SCHNUR. (Lynch, Gary)
March 21, 2023 Opinion or Order Filing 24 First AMENDED COMPLAINT against PAPA JOHN'S INTERNATIONAL, INC., filed by JORDAN SCHNUR. (Lynch, Gary)
March 21, 2023 Opinion or Order Update Answer Deadline: Answer due from PAPA JOHN'S INTERNATIONAL, INC. on 4/21/2023 (dmh)
February 7, 2023 Opinion or Order Filing 23 ORDER vacating this Court's prior 22 Order setting a briefing schedule on Defendant's pending #20 motion to dismiss, as it was filed in error. The briefing schedule set by the Order at ECF 10 shall remain in effect. Signed by Judge J. Nicholas Ranjan on 2/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
February 6, 2023 Opinion or Order Filing 22 ORDER re #20 Motion to Dismiss. Plaintiff shall file his brief in response to the #20 motion on or before 2/27/2023; Defendant's reply brief due by 3/6/2023. The brief in response shall not exceed 20 pages in length; the reply brief shall not exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan 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. (pak)
February 3, 2023 Opinion or Order Filing 21 BRIEF in Support re #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by PAPA JOHN'S INTERNATIONAL, INC. (Attachments: #1 Declaration) (Raiola, Stephen)
February 3, 2023 Opinion or Order Filing 20 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Proposed Order) (Raiola, Stephen)
December 14, 2022 Opinion or Order Filing 19 ORDER granting #15 Motion for Ziwei Song to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/14/2022. (pak)
December 14, 2022 Opinion or Order Filing 18 ORDER granting #14 Motion for Eric C. Bosset to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/14/2022. (pak)
December 14, 2022 Opinion or Order Filing 17 ORDER granting #13 Motion for Emily Johnson Henn to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 12/14/2022. (pak)
December 14, 2022 Opinion or Order Filing 16 Errata re #13 Motion to Appear Pro Hac Vice by PAPA JOHN'S INTERNATIONAL, INC.. Reason for Correction: Uploaded incorrect documents. (Attachments: #1 Affidavit of Emily Johnson Henn in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Henn, Emily)
December 14, 2022 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Motion to Appear Pro Hac Vice. ERROR: Incorrect documents attached (documents for different attorney). CORRECTION: Attorney advised to refile the documents, using the Errata event and attach the correct documents. (pak)
December 13, 2022 Opinion or Order Filing 15 MOTION for attorney Ziwei Song to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7441339) by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Song, Ziwei)
December 13, 2022 Opinion or Order Filing 14 MOTION for attorney Eric C. Bosset to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7441321) by PAPA JOHN'S INTERNATIONAL, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Bosset, Eric)
December 13, 2022 Opinion or Order Filing 13 See corrected document at #16 Errata; MOTION for attorney Emily Johnson Henn to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7441000) by PAPA JOHN'S INTERNATIONAL, INC. (Attachments: #1 Affidavit, #2 Proposed Order) (Henn, Emily) Error: wrong document attached. Modified on 12/15/2022 (cel).
December 7, 2022 Opinion or Order Filing 12 Disclosure Statement identifying None as corporate parent or other affiliate, by PAPA JOHN'S INTERNATIONAL, INC. (Raiola, Stephen)
December 6, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Peter S. Wolff on behalf of PAPA JOHN'S INTERNATIONAL, INC.. (Wolff, Peter)
December 6, 2022 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Respond to Complaint and Set Briefing Schedule. PAPA JOHN'S INTERNATIONAL, INC. shall file its answer or other response to the #1 Complaint on or before 2/3/2023. Plaintiff shall file his response to any motion to dismiss, or his amended complaint by 3/21/2023. Defendant's reply in support of any motion to dismiss, or answer to any amended complaint due by 4/21/2023. Signed by Judge J. Nicholas Ranjan on 12/6/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
December 5, 2022 Opinion or Order Filing 9 Joint MOTION for Extension of Time to Respond to Complaint and to Set a Briefing Schedule by PAPA JOHN'S INTERNATIONAL, INC. (Attachments: #1 Proposed Order) (Raiola, Stephen) Modified on 12/6/2022 (pak). Modified on 12/6/2022 (pak).
December 5, 2022 Opinion or Order Filing 7 NOTICE of Appearance by Stephen Francis Raiola on behalf of PAPA JOHN'S INTERNATIONAL, INC. (Raiola, Stephen)
December 5, 2022 Opinion or Order Filing 6 NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of JORDAN SCHNUR. (Pollock-Avery, Elizabeth)
November 28, 2022 Opinion or Order Filing 5 SUMMONS/Return of Service Returned Executed by JORDAN SCHNUR. PAPA JOHN'S INTERNATIONAL, INC. served on 11/17/2022, answer due 12/8/2022. (Lynch, Gary)
November 22, 2022 Opinion or Order Judge J. Nicholas Ranjan added. (av)
November 21, 2022 Opinion or Order Filing 4 ORDER REASSIGNING CASE. The Clerk of Court is directed to assign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 11/21/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
November 17, 2022 Opinion or Order Judge David S. Cercone added. (jv)
November 16, 2022 Opinion or Order Filing 3 TEXT ORDER OF RECUSAL. Pursuant to 28 U.S.C. 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 11/16/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
November 16, 2022 Opinion or Order Filing 2 Summons Issued as to PAPA JOHN'S INTERNATIONAL, INC. (dmh)
November 15, 2022 Opinion or Order Filing 1 COMPLAINT against PAPA JOHN'S INTERNATIONAL, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7395921), filed by JORDAN SCHNUR. (Attachments: #1 Civil Cover Sheet) (dmh)
November 15, 2022 Opinion or Order Remark: Case initially opened with incorrect case number (3:22-CV-1620). Case number corrected and correct case number for all filings is: 2:22-CV-1620. All documents have been updated. (dmh)

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Plaintiff: JORDAN SCHNUR
Represented By: Gary F. Lynch
Represented By: Elizabeth Pollock-Avery
Represented By: Jamisen A. Etzel
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Defendant: PAPA JOHN'S INTERNATIONAL, INC. d/b/a PAPA JOHN'S
Represented By: Emily Henn
Represented By: Eric C. Bosset
Represented By: Peter S. Wolff
Represented By: Stephen Francis Raiola
Represented By: Ziwei Song
Represented By: Jeffrey Huberman
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