Hawkins v. Well Path, LLC

Hawkins v. Well Path, LLC

Plaintiff:	Jillian Barnett and Janie Hawkins
Defendant:	Well Path, LLC
Case Number:	3:2020cv00657
Filed:	July 31, 2020
Court:	US District Court for the Middle District of Tennessee
Presiding Judge:	William L Campbell
Referring Judge:	Jeffery S Frensley
Nature of Suit:	Telephone Consumer Protection Act (TCPA)
Cause of Action:	47 U.S.C. § 227
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 18, 2020	Filing 48 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Well Path, LLC. (Merritt, Laura)
September 16, 2020	Filing 47 MEMORANDUM in Support of #46 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Well Path, LLC . (Merritt, Laura)
September 16, 2020	Filing 46 MOTION to Dismiss Plaintiffs' Amended Complaint by Well Path, LLC. (Merritt, Laura)
August 29, 2020	Filing 45 ORDER granting #44 Motion for Extension of Time to Answer the #17 Amended Complaint. Well Path, LLC answer due 9/16/2020. Signed by Magistrate Judge Jeffery S. Frensley on 8/29/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 28, 2020	Filing 44 Consent MOTION for Extension of Time to File Answer re #17 Amended Complaint by Well Path, LLC. (Attachments: #1 Attachment Proposed Agreed Order)(Merritt, Laura)
August 26, 2020	Filing 43 ORDER granting #39 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Phillip L. Fraietta is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)
August 26, 2020	Filing 42 ORDER granting #38 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Joseph I. Marchese is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)
August 26, 2020	Filing 41 ORDER granting #37 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Jamey R. Campellone is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)
August 26, 2020	Filing 40 ORDER granting #36 : Having satisfied the requirements of Local Rule 83.01(b), the motion to appear pro hac vice of Beth-Ann Ellenberg Krimsky is granted. Signed by Vicki Kinkade on 08/26/2020. (vk)
August 25, 2020	NY State Bar status verified as active for Joseph Marchese. (Note: other out-of-state counsel previously verified.) (mg)
August 21, 2020	Filing 39 MOTION for attorney Philip L. Fraietta to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3200120) by Jillian Barnett, Janie Hawkins. (Attachments: #1 Attachment Certificate of Good Standing)(Leniski, Joey)
August 21, 2020	Filing 38 MOTION for attorney Joseph I. Marchese to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3200110) by Jillian Barnett, Janie Hawkins. (Attachments: #1 Attachment Certificate of Good Standing)(Leniski, Joey)
August 20, 2020	Filing 37 MOTION for attorney Jamey R. Campellone to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3199040) by Well Path, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Merritt, Laura)
August 20, 2020	Filing 36 MOTION for attorney Beth-Ann Ellenberg Krimsky to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3198990) by Well Path, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Merritt, Laura)
August 12, 2020	Filing 35 ORDER granting #34 Motion for Extension of Time to Answer re #17 Amended Complaint Well Path, LLC answer due 9/2/2020. Signed by Magistrate Judge Jeffery S. Frensley on 8/12/2020. (mg)
August 11, 2020	Filing 34 Consent MOTION for Extension of Time to File Answer re #17 Amended Complaint by Well Path, LLC. (Attachments: #1 Attachment Proposed Agreed Order)(Merritt, Laura)
August 6, 2020	Filing 33 NOTICE of Appearance by Laura P. Merritt on behalf of Well Path, LLC (Merritt, Laura)
August 6, 2020	TN State Bar status verified as active for Joey P. Leniski, Jr, James Gerard Stranch, IV, and Laura P. Merritt. (mg)
August 5, 2020	Filing 32 NOTICE of Appearance by James Gerard Stranch, IV on behalf of Jillian Barnett, Janie Hawkins (Stranch, James)
August 5, 2020	Filing 31 NOTICE of Appearance by Joey P. Leniski, Jr on behalf of Jillian Barnett, Janie Hawkins (Leniski, Joey)
August 3, 2020	Filing 30 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge William L. Campbell, Jr on 8/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
July 31, 2020	Filing 29 NOTICE of Initial Case Management Conference set for 10/6/2020 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg)
July 31, 2020	Filing 28 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
July 31, 2020	Filing 27 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
July 31, 2020	NY State Bar status verified as active for Philip Lawrence Fraietta. (mg)
July 31, 2020	FL State Bar status verified as active for Beth-Ann Ellenberg Krimsky, and Jamey Robert Campellone. (mg)
July 31, 2020	NOTICE TO COUNSEL Philip Lawrence Fraietta, Beth-Ann Ellenberg Krimsky, Jamey Robert Campellone: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 8/21/2020. (mg)
July 31, 2020	NOTICE TO COUNSEL Philip Lawrence Fraietta, Beth-Ann Ellenberg Krimsky, and Jamey Robert Campellone: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 8/21/2020. (mg)
July 30, 2020	Filing 26 Case transferred in from the District of New York Southern; Case Number 7:19-cv-08969. Original file certified copy of transfer order and docket sheet received. Modified on 7/31/2020 (mg).
July 27, 2020	CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Tennessee (cf) [Transferred from New York Southern on 7/31/2020.]
July 27, 2020	Filing 25 CLERK'S JUDGMENT re: #24 Memorandum & Opinion in favor of Janie Hawkins, Jillian Barnett against Well Path, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 27, 2020, the defendant's motion to dismiss is DENIED WITHOUT PREJUDICE and the case is transferred to the United States District Court for the Middle District of Tennessee, pursuant to 28 U.S.C. 1406(a). (Signed by Clerk of Court Ruby Krajick on 7/27/2020) (Attachments: #1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/31/2020.]
July 27, 2020	Filing 24 OPINION AND ORDER re: #18 MOTION to Dismiss for Lack of Jurisdiction filed by Well Path, LLC. The motion to dismiss is DENIED WITHOUT PREJUDICE. The Clerk is instructed to terminate the motion. (Doc. #18). The Clerk is further instructed to transfer this case to the United States District Court for the Middle District of Tennessee, pursuant to 28 U.S.C. 1406(a). (As further set forth in this Order.) (Signed by Judge Vincent L. Briccetti on 7/27/2020) (cf) Transmission to Office of the Clerk of Court for processing. Transmission to Orders and Judgments Clerk for processing. [Transferred from New York Southern on 7/31/2020.]
March 6, 2020	Filing 23 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Well Path, LLC..(Campellone, Jamey) [Transferred from New York Southern on 7/31/2020.]
February 14, 2020	Filing 22 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Jillian Barnett, Janie Hawkins..(Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
January 24, 2020	Filing 21 ORDER granting #20 Letter Motion for Extension of Time to File Response/Reply: Plaintiffs' opposition to defendant's motion to dismiss is due 2/14/2020. Defendant's reply, if any, is due 3/6/2020. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm) [Transferred from New York Southern on 7/31/2020.]
January 24, 2020	Filing 20 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction . addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated January 24, 2020. Document filed by Jillian Barnett, Janie Hawkins.(Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
January 18, 2020	Filing 19 ORDER terminating #10 Motion to Dismiss for Lack of Jurisdiction: Defendant's #10 motion to dismiss the complaint is terminated as moot in light of defendant's #18 motion to dismiss the amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm) [Transferred from New York Southern on 7/31/2020.]
January 17, 2020	Filing 18 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Well Path, LLC. (Attachments: #1 Exhibit Defendant's Motion to Dismiss Plaintiffs' Amended Compliant and Supporting Memorandum of Law)(Krimsky, Beth-Ann) [Transferred from New York Southern on 7/31/2020.]
December 27, 2019	Filing 17 FIRST AMENDED COMPLAINT amending #1 Complaint against Well Path, LLC with JURY DEMAND.Document filed by Janie Hawkins, Jillian Barnett. Related document: #1 Complaint.(Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
December 16, 2019	Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Jamey R. Campellone to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 12/16/2019) (va) [Transferred from New York Southern on 7/31/2020.]
December 16, 2019	Filing 15 MOTION for Jamey R. Campellone to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Well Path, LLC. (Attachments: #1 Certificate of Good Standing from Supreme Court of Florida, #2 Affidavit in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order for Admission Pro Hace Vice)(Campellone, Jamey) [Transferred from New York Southern on 7/31/2020.]
December 16, 2019	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Jamey R. Campellone to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 7/31/2020.]
December 13, 2019	Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by Janie Hawkins. MEMORANDUM ENDORSEMENT: Ameneded complaint due 12/27/2019. SO ORDERED. (Amended Pleadings due by 12/27/2019.) (Signed by Judge Vincent L. Briccetti on 12/13/2019) (mml) [Transferred from New York Southern on 7/31/2020.]
December 13, 2019	Filing 13 LETTER addressed to Judge Vincent L. Briccetti from Philip L. Fraietta dated December 13, 2019 re: Plaintiff's Intent to File Amended Complaint. Document filed by Janie Hawkins.(Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
December 5, 2019	Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jamey R. Campellone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18221192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Well Path, LLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admittance Pro Hace Vice)(Campellone, Jamey) Modified on 12/5/2019 (wb). [Transferred from New York Southern on 7/31/2020.]
December 5, 2019	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Jamey R. Campellone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18221192. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) [Transferred from New York Southern on 7/31/2020.]
December 4, 2019	Filing 11 ORDER with respect to #10 Motion to Dismiss for Lack of Jurisdiction. Accordingly, it is hereby ORDERED that, by no later than December 13, 2019, plaintiff must notify the Court by letter whether (i) she intends to file an amended complaint in response to the motion to dismiss, or (ii) she will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Within 21 days of such amendment, defendant may either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss.. (Signed by Judge Vincent L. Briccetti on 12/4/2019) (ks) [Transferred from New York Southern on 7/31/2020.]
December 3, 2019	Filing 10 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Well Path, LLC. (Attachments: #1 Exhibit Defendant's Motion to Dismiss Plaintiff's Complaint and Supporting Memorandum of Law Pursuant to Rule 12(B)(2) of the Federal Rules of Civil Procedure)(Krimsky, Beth-Ann) [Transferred from New York Southern on 7/31/2020.]
November 26, 2019	Filing 9 ORDER granting #8 Letter Motion for Extension of Time to File Response/Reply: Defendant's time to answer, move, or otherwise respond to the complaint is extended to 12/3/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm) [Transferred from New York Southern on 7/31/2020.]
November 26, 2019	Filing 8 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Vincent L. Briccetti from Beth-Ann E. Krimsky dated November 26, 2019. Document filed by Well Path, LLC.(Krimsky, Beth-Ann) [Transferred from New York Southern on 7/31/2020.]
October 17, 2019	Filing 7 ORDER granting #6 Letter Motion for Extension of Time to File Response/Reply: Defendant's time to answer, move, or otherwise respond to the complaint is extended to 11/26/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm) [Transferred from New York Southern on 7/31/2020.]
October 17, 2019	Filing 6 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Judge Vincent L. Briccetti from Beth-Ann E. Krimsky dated October 17, 2019. Document filed by Well Path, LLC.(Krimsky, Beth-Ann) [Transferred from New York Southern on 7/31/2020.]
October 8, 2019	Filing 5 SUMMONS RETURNED EXECUTED. Well Path, LLC served on 10/4/2019, answer due 10/25/2019. Service was accepted by Erica Cotton, Registered Agent. Document filed by Janie Hawkins. (Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
September 27, 2019	Filing 4 ELECTRONIC SUMMONS ISSUED as to Well Path, LLC. (pc) [Transferred from New York Southern on 7/31/2020.]
September 27, 2019	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Lawrence Fraietta. The party information for the following party/parties has been modified: Janie Hawkins. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) [Transferred from New York Southern on 7/31/2020.]
September 27, 2019	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 7/31/2020.]
September 27, 2019	Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 7/31/2020.]
September 27, 2019	Case Designated ECF. (pc) [Transferred from New York Southern on 7/31/2020.]
September 26, 2019	Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Well Path, LLC, re: #1 Complaint. Document filed by Janie Hawkins. (Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
September 26, 2019	Filing 2 CIVIL COVER SHEET filed. (Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]
September 26, 2019	Filing 1 COMPLAINT against Well Path, LLC. (Filing Fee $ 400.00, Receipt Number BNYSDC-17670376)Document filed by Janie Hawkins.(Fraietta, Philip) [Transferred from New York Southern on 7/31/2020.]

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Plaintiff: Jillian Barnett
Represented By:	Philip Lawrence Fraietta
Represented By:	James Gerard Stranch, IV
Represented By:	Joey P. Leniski, Jr.
Represented By:	Joseph Marchese
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Plaintiff: Janie Hawkins
Represented By:	Philip Lawrence Fraietta
Represented By:	James Gerard Stranch, IV
Represented By:	Joey P. Leniski, Jr.
Represented By:	Joseph Marchese
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Defendant: Well Path, LLC
Represented By:	Jamey Robert Campellone
Represented By:	Beth-Ann Ellenberg Krimsky
Represented By:	Laura P. Merritt
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