Daniel Kissick v. American Residential Services, LLC
Plaintiff: Daniel Kissick
Defendant: American Residential Services, LLC
Case Number: 2:2019cv02459
Filed: July 18, 2019
Court: US District Court for the Western District of Tennessee
Presiding Judge: Sheryl H Lipman
Referring Judge: Tu M Pham
Nature of Suit: Other Statutory Actions
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2019 Filing 30 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (btg)
July 18, 2019 Filing 29 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (btg)
July 18, 2019 Filing 28 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (btg)
July 18, 2019 Filing 27 Case transferred in from District of California Central; Case Number 2:19-cv-01460. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 7/18/2019: #2 Judicial Cards) (btg).
July 18, 2019 Opinion or Order Filing 26 MINUTES (In Chambers): ORDER RE: MOTION TO DISMISS OR IN THE ALTERNATIVE, TRANSFER VENUE TO THE WESTERN DISTRICT OF TENNESSEE, OR IN FURTHER ALTERNATIVE, MOTION TO DISMISS ALLEGATIONS OF NON-CALIFORNIA PUTATIVE CLASS MEMBERS #14 by Judge Michael W. Fitzgerald. The Motion is GRANTED in part to the extent it seeks to transfer the action to the Western District of Tennessee and is otherwise DENIED without prejudice. ( MD JS-6. Case Terminated ) (lom) [Transferred from California Central on 7/18/2019.]
July 15, 2019 Filing 25 MINUTES (IN CHAMBERS)MOTION TO DISMISS #14 by Judge Michael W. Fitzgerald: Arguments by counsel are heard. For the reasons stated on the record,the Court takes the matter under submission. An order will issue. (See minutes for further details) (yl) [Transferred from California Central on 7/18/2019.]
July 8, 2019 Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Blair Elizabeth Reed counsel for Plaintiff Daniel Kissick. Adding Blair E. Reed as counsel of record for Daniel Kissick for the reason indicated in the G-123 Notice. Filed by Plaintiff Daniel Kissick. (Attorney Blair Elizabeth Reed added to party Daniel Kissick(pty:pla))(Reed, Blair) [Transferred from California Central on 7/18/2019.]
July 1, 2019 Filing 23 REPLY IN SUPPORT OF ITS NOTICE OF MOTION AND MOTION to Dismiss Case or (2) In the Alternative, Transfer Venue to the Western District of Tennessee, or (3) in Further Alternative, Motion to Dismiss Allegations of Non-California Putative Class Members #14 filed by Defendant American Residential Services, LLC. (Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
June 17, 2019 Filing 22 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case or (2) In the Alternative, Transfer Venue to the Western District of Tennessee, or (3) in Further Alternative, Motion to Dismiss Allegations of Non-California Putative Class Members #14 filed by Plaintiff Daniel Kissick. (Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
May 31, 2019 Opinion or Order Filing 21 ORDER RE STIPULATION TO CONTINUE MOTION HEARING AS TO DEFENDANT'S MOTION TO DISMISS #20 by Judge Michael W. Fitzgerald. The Motion Hearing as to Defendant's (1) Motion to Dismiss or (2) In the Alternative, Transfer Venue to the Western District of Tennessee, or (3) In Further Alternative, motion to dismiss allegations of non-California Putative Class Members (ECF No. #14 ) (Motion) set for 6/24/2019 is RESET for 7/15/2019 at 10:00 AM in Courtroom 5A before District Judge Michael W. Fitzgerald. Pursuant to the parties' agreement, Motion related briefing deadlines are reset as follows: (1) Plaintiff shall file a response by June 17, 2019 and (2) Defendant shall file any reply by July 1, 2019. (lom) [Transferred from California Central on 7/18/2019.]
May 31, 2019 Filing 20 STIPULATION to Continue Defendant's Motion to Dismiss from June 24, 2019 to July 15, 2019 filed by Plaintiff Daniel Kissick. (Attachments: #1 Proposed Order)(Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
May 31, 2019 Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Erna Mamikonyan counsel for Defendant American Residential Services, LLC. Adding Amanda C. Sommerfeld as counsel of record for American Residental Services, LLC for the reason indicated in the G-123 Notice. Filed by Defendant American Residential Services, LLC. (Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
May 22, 2019 Opinion or Order Filing 18 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: GRANTING #17 Non-Resident Attorney J. Todd Kennard APPLICATION to Appear Pro Hac Vice on behalf of Defendant American Residential Services, LLC, designating Erna Mamikonyan as local counsel. (lt) [Transferred from California Central on 7/18/2019.]
May 20, 2019 Filing 17 APPLICATION of Non-Resident Attorney James Todd Kennard to Appear Pro Hac Vice on behalf of Defendant American Residential Services, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23768142) filed by Defendant American Residential Services, LLC. (Attachments: #1 Proposed Order) (Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
May 15, 2019 Filing 16 NOTICE OF LODGING filed PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss Case or (2) In the Alternative, Transfer Venue to the Western District of Tennessee, or (3) in Further Alternative, Motion to Dismiss Allegations of Non-California Putative Class Members #14 (Attachments: #1 Proposed Order)(Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
May 14, 2019 Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #14 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) [Transferred from California Central on 7/18/2019.]
May 10, 2019 Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case or (2) In the Alternative, Transfer Venue to the Western District of Tennessee, or (3) in Further Alternative, Motion to Dismiss Allegations of Non-California Putative Class Members filed by Defendant American Residential Services, LLC. Motion set for hearing on 6/24/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration) (Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
May 10, 2019 Filing 13 NOTICE of Interested Parties filed by Defendant American Residential Services, LLC, identifying ReachLocal; ARS Aquisition Holdings, LLC; ARS Intermediate Holdings, LLC. (Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
May 1, 2019 Opinion or Order Filing 12 ORDER GRANTING THIRD STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #11 by Judge Michael W. Fitzgerald. Defendant's deadline to file a response to Plaintiffs Complaint is extended through May 10, 2019. (iv) [Transferred from California Central on 7/18/2019.]
April 30, 2019 Filing 11 Third STIPULATION for Extension of Time to File Answer to May 10, 2019 re Complaint (Attorney Civil Case Opening) #1 filed by Defendant American Residential Services, LLC. (Attachments: #1 Proposed Order GRANTING THIRD STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT)(Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
April 23, 2019 Filing 10 Second STIPULATION Extending Time to Answer the complaint as to American Residential Services, LLC answer now due 5/3/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant American Residential Services, LLC.(Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
April 3, 2019 Filing 9 PROOF OF SERVICE Executed by Plaintiff Daniel Kissick, upon Defendant American Residential Services, LLC served on 3/13/2019, answer due 4/24/2019. Service of the Summons and Complaint were executed upon Glenda Sheppard, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
April 3, 2019 Filing 8 STIPULATION Extending Time to Answer the complaint as to American Residential Services, LLC answer now due 4/24/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant American Residential Services, LLC.(Attorney Erna Mamikonyan added to party American Residential Services, LLC(pty:dft))(Mamikonyan, Erna) [Transferred from California Central on 7/18/2019.]
February 28, 2019 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant American Residential Services, LLC. (et) [Transferred from California Central on 7/18/2019.]
February 28, 2019 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 7/18/2019.]
February 28, 2019 Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Suzanne H. Segal. (et) [Transferred from California Central on 7/18/2019.]
February 27, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Daniel Kissick. (Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
February 27, 2019 Filing 3 NOTICE of Interested Parties filed by Plaintiff Daniel Kissick, (Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
February 27, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Daniel Kissick. (Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]
February 27, 2019 Filing 1 COMPLAINT Receipt No: 0973-23287417 - Fee: $400, filed by Plaintiff Daniel Kissick. (Attorney Lawrence Timothy Fisher added to party Daniel Kissick(pty:pla))(Fisher, Lawrence) [Transferred from California Central on 7/18/2019.]

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Defendant: American Residential Services, LLC
Represented By: Amanda C. Sommerfeld
Represented By: James Todd Kennard
Represented By: Erna Mamikonyan
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Plaintiff: Daniel Kissick
Represented By: Blair Elizabeth Reed
Represented By: Lawrence Timothy Fisher
Represented By: Scott A Bursor
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