ROGERS v. ACTION LAB ENTERTAINMENT et al
| TOM ROGERS |
| ACTION LAB ENTERTAINMENT and BRYAN SEATON |
| 2:2023cv01248 |
| July 11, 2023 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Cathy Bissoon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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Filing 36
ORDER DISMISSING CASE, consistent with the parties' Stipulation of Dismissal (Doc #35 ), the terms of which are expressly adopted herein. Signed by Judge Cathy Bissoon on 8/2/23. (dcd)
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| Filing 35 STIPULATION of Dismissal by ACTION LAB ENTERTAINMENT, BRYAN SEATON. (Gaul, Stuart) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to Respond to #8 Amended Complaint filed by TOM ROGERS. The period in which the Defendants are to respond to the Amended Complaint in this action is extended to August 2, 2023. Signed by Judge Cathy Bissoon 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. (sps)
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| Filing 33 Consent MOTION for Extension of Time to File Answer re #8 Amended Complaint filed by TOM ROGERS by ACTION LAB ENTERTAINMENT, BRYAN SEATON. (Attachments: #1 Proposed Order) (Gaul, Stuart) |
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Filing 32
ORDER. The Transferee Court's case management deadlines in Doc. #23 , and the Orders at Docs. #3 , #24 & #26 are VACATED. Also, Defendants' Motion to Dismiss (Doc. #12 ) is DENIED WITHOUT PREJUDICE to refiling, after the parties have met and conferred to determine whether the identified pleading deficiencies properly may be cured by amendment. See this Court's Order dated today (Doc. #31 ). Defendants' deadline for answering, or for filing a renewed motion to dismiss, is 7/26/23. Should Defendants renew their motion to dismiss, the filing must contain a certification regarding the parties' meet-and-confer efforts. See Doc. #31 . Signed by Judge Cathy Bissoon on 7/11/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd)
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Filing 31
ORDER governing procedures for motions filed under Fed. R. Civ. P. 12. See contents of this filing for instructions. Signed by Judge Cathy Bissoon on 7/11/23. (dcd)
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| Filing 30 Case transferred in from District of Pennsylvania Middle; Case Number 1:22-cv-00159. Original file certified copy of transfer order and docket sheet received. |
| Update Answer Deadline: Answer(s) due from ACTION LAB ENTERTAINMENT, BRYAN SEATON by 7/26/23. See text Order just entered. (dcd) |
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Filing 29
ORDER - it is hereby ORDERED that defendants motion (Doc. 12) to dismiss is GRANTED solely to the extent the court agrees venue is improper in this judicial district. The motion (Doc. 12) is DEFERRED for resolution by the transferee court in all other respects. The Clerk of Court shall TRANSFER this case to the United States District Court, Western District of Pennsylvania. The Clerk of Court shall thereafter CLOSE this case. Signed by Honorable Christopher C. Conner on 7/10/2023. (mw)
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Filing 28
ORDER - it is hereby ORDERED that plaintiffs shall, no later than May 23, 2023, file a second amended complaint as authorized in the courts order (Doc. 27) of February 22, 2023. The court will construe failure to file a second amended complaint by the deadline set forth in paragraph 1 as plaintiffs election to stand on the first amended complaint as the operative pleading in this matter. Signed by Honorable Christopher C. Conner on 5/9/2023. (mw)
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Filing 27
ORDER - it is hereby ORDERED that plaintiffs opposition brief (Doc. 14) is construed as a motion for leave to file an amended complaint and is GRANTED as so construed. Plaintiff shall file a second amended complaint no later than Wednesday, March 8, 2023. In anticipation of plaintiffs second amended complaint, defendants motion (Doc. 12) to dismiss is denied as moot without prejudice. Signed by Honorable Christopher C. Conner on 2/22/2023 (mw)
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Filing 26
ORDER granting #25 Motion for Extension of Time to Amend #25 Consent MOTION for Extension of Time to Amend Pleadings Signed by Honorable Christopher C. Conner on 11/30/2022 (mw)
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| Filing 25 Consent MOTION for Extension of Time to Amend Pleadings by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Proposed Order)(Gaul, Stuart) |
| Filing 24 CIVIL PRACTICE ORDER - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/18/2022. (mw) |
| Filing 23 CASE MANAGEMENT ORDER - Fact Discovery due by 10/4/2023. Dispositive Motions due by 1/3/2024. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/18/2022. (mw) |
| Filing 21 STIPULATION OF CONFIDENTIALITY and PROTECTIVE ORDER. Signed by Honorable Christopher C. Conner on 8/16/2022. (mw) |
| Filing 20 CASE MANAGEMENT PLAN Joint by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Proposed Stipulated Order)(Gaul, Stuart) |
| Filing 19 VERBAL ORDER granting #18 MOTION to Continue Case Management Conference filed by Tom Rogers. Case Management Conference CONTINUED TO 8/18/2022 at 10:30 AM before Honorable Christopher C. Conner. All other deadlines and instructions set forth in the courts scheduling order (Doc. 9) remain in full force and effect. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 7/11/2022. (mw) |
| Filing 18 Joint MOTION to Continue Case Management Conference by Tom Rogers. (Attachments: #1 Proposed Order)(Katz, Michael) |
| Filing 17 VERBAL ORDER granting #16 MOTION to Continue Case Management Conference filed by Tom Rogers. Case Management Conference CONTINUED TO 7/14/2022 at 11:15 AM before Honorable Christopher C. Conner. All other deadlines and instructions set forth in the courts scheduling order (Doc. #9 ) remain in full force and effect. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 5/20/2022. (mw) |
| Filing 16 MOTION to Continue Case Management Conference by Tom Rogers. (Attachments: #1 Proposed Order)(Katz, Michael) |
| Filing 15 REPLY BRIEF re #12 MOTION to Dismiss for Lack of Jurisdiction improper venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE TO STRIKE OR FOR A MORE DEFINITIVE STATEMENT filed by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Certificate of Service)(Gaul, Stuart) |
| Filing 14 BRIEF IN OPPOSITION re #12 MOTION to Dismiss for Lack of Jurisdiction improper venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE TO STRIKE OR FOR A MORE DEFINITIVE STATEMENT filed by Tom Rogers. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Exhibit(s) Exhibit D)(Katz, Michael) |
| Filing 13 BRIEF IN SUPPORT re #12 MOTION to Dismiss for Lack of Jurisdiction improper venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE TO STRIKE OR FOR A MORE DEFINITIVE STATEMENT filed by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Certification of Counsel, #2 Certificate of Service)(Gaul, Stuart) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction improper venue, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR IN THE ALTERNATIVE TO STRIKE OR FOR A MORE DEFINITIVE STATEMENT by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Certificate of Nonconcurrence, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Proposed Order, #7 Certificate of Service)(Gaul, Stuart) |
| Filing 11 VERBAL ORDER: It is ORDERED that the motion #10 is GRANTED and defendants may file a brief in support of their anticipated motion to dismiss of no more than 9500 words. Signed by Honorable Christopher C. Conner on 4/11/22.(Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (ma) |
| Filing 10 Consent MOTION to Exceed Page Limitation by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Gaul, Stuart) |
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Filing 9
SCHEDULING ORDER: Case Management Conference set for 5/27/2022 at 02:15 PM before Honorable Christopher C. Conner. At least five days before the conference,counsel shall file their joint case management plan with the court. Signed by Honorable Christopher C. Conner on 4/4/2022. (Attachments: #1 Term. Calendar)(mw)
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Tom Rogers. (Attachments: #1 Exhibit(s))(Katz, Michael) |
| Filing 7 VERBAL ORDER It is ORDERED that the motion #6 is GRANTED and defendants may file a brief in support of their anticipated motion to dismiss of no more than 8,000 words. Signed by Honorable Christopher C. Conner on 3/30/2022. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| ADMISSION FORMS SENT to Attorney Stuart Gaul. (lg) |
| DOCKET ANNOTATION: Attorney Gaul notified the Clerk of his general admission February 11, 2022 and this information has been confirmed by the Court's Attorney Admissions Clerk. (lg) |
| Filing 6 Consent MOTION to Exceed Page Limitation by Action Lab Entertainment, Bryan Seaton. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Gaul, Stuart) |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Action Lab Entertainment. (Gaul, Stuart) |
| Filing 4 NOTICE of Appearance by Stuart C. Gaul, Jr on behalf of All Defendants (Gaul, Stuart) |
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Filing 3
ORDER re Case Assignment and Procedures. Signed by Honorable Christopher C. Conner on 2/1/2022. (mw)
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| Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (gs) |
| Filing 1 CLASS ACTION COMPLAINT against All Defendants ( Filing fee $402, Receipt Number APAMDC-5832756), filed by Tom Rogers. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(gs) |
| DOCKET ANNOTATION: This case has been assigned to Judge Conner. (ktt) |
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