Diczhazy et al v. Dickeys Barbecue Restaurants Inc et al
| Ross Diczhazy and Wesley Etheridge, II |
| Dickey's Barbecue Restaurants Inc a Texas corporation doing business as Dickeys Barbeque Pit Inc, Dickey's Capital Group Inc and Does 1-50 |
| 3:2021cv01962 |
| August 20, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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Filing 56
ORDER CONSOLIDATING CASES: Member case(s) 3:21-cv-1962, 3:21-cv-1963 consolidated with lead case 3:20-cv-3424. Member case administratively closed following consolidation. Further docketing should be in lead case 3:20-cv-3424. (Ordered by Judge Ed Kinkeade on 9/21/2021) (mjr)
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| Filing 55 (Document Restricted) Attorney Contact Information for Timothy Z. LaComb (Sealed pursuant to SO 19-1, statute, or rule) filed by Ross Diczhazy, Wesley Etheridge, II (Kendall, Joe) |
| Filing 54 (Document Restricted) Attorney Contact Information for Jennifer M. Oliver (Sealed pursuant to SO 19-1, statute, or rule) filed by Ross Diczhazy, Wesley Etheridge, II (Kendall, Joe) |
| Filing 53 (Document Restricted) Attorney Contact Information for Daniel J. Mogin (Sealed pursuant to SO 19-1, statute, or rule) filed by Ross Diczhazy, Wesley Etheridge, II (Kendall, Joe) |
| Filing 52 (Document Restricted) Attorney Contact Information for Joe Kendall (Sealed pursuant to SO 19-1, statute, or rule) filed by Ross Diczhazy, Wesley Etheridge, II (Kendall, Joe) |
| Filing 51 RESPONSE filed by Ross Diczhazy, Wesley Etheridge, II re: 38 Order, (Kendall, Joe) |
| Filing 50 RESPONSE filed by Dickey's Barbecue Restaurants Inc, Dickey's Capital Group Inc re: 38 Order, (Dodrill, Christopher) |
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Filing 49
ELECTRONIC ORDER - The Court DENIES as premature and without prejudice Plaintiffs Motion to Set Deadlines in a Related Case (45). (Ordered by Judge Ed Kinkeade on 9/1/2021) (chmb)
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| Filing 48 NOTICE of Attorney Appearance by Ian Charles Ballon on behalf of Dickey's Barbecue Restaurants Inc, Dickey's Capital Group Inc. (Filer confirms contact info in ECF is current.) (Ballon, Ian) |
| Filing 47 NOTICE of Attorney Appearance by Timothy Z LaComb on behalf of Ross Diczhazy, Wesley Etheridge, II. (Filer confirms contact info in ECF is current.) (LaComb, Timothy) |
| Filing 46 NOTICE of Attorney Appearance by Jennifer Marie Oliver on behalf of Ross Diczhazy, Wesley Etheridge, II. (Filer confirms contact info in ECF is current.) (Oliver, Jennifer) |
| Filing 45 MOTION - Unopposed Motion to Set Deadlines in a Related Case filed by Ross Diczhazy, Wesley Etheridge, II with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 44 NOTICE of Attorney Appearance by Daniel Jay Mogin on behalf of Ross Diczhazy, Wesley Etheridge, II. (Filer confirms contact info in ECF is current.) (Mogin, Daniel) |
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Filing 43
ELECTRONIC ORDER granting #39 Application for Admission Pro Hac Vice of Ian C. Ballon. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 8/27/2021) (chmb)
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Filing 42
ELECTRONIC ORDER granting #36 Application for Admission Pro Hac Vice of Timothy Z. LaComb. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 8/27/2021) (chmb)
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Filing 41
ELECTRONIC ORDER granting #35 Application for Admission Pro Hac Vice of Jennifer M. Oliver. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 8/27/2021) (chmb)
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Filing 40
ELECTRONIC ORDER granting #34 Application for Admission Pro Hac Vice of Daniel J. Mogin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ed Kinkeade on 8/27/2021) (chmb)
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| Filing 39 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12174287) filed by Dickey's Barbecue Restaurants Inc, Dickey's Capital Group Inc (Ballon, Ian) |
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Filing 38
ELECTRONIC ORDER: The Parties in the California cases are DIRECTED to file separate briefs with the Court regarding the appropriateness of consolidation with 3:20-cv-3424-K. The brief shall be no longer than 20 pages, and shall be filed no later than September 7, 2021. There shall be no responsive briefing. (Ordered by Judge Ed Kinkeade on 8/26/2021) (chmb)
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Filing 37
ORDER REASSIGNING CASE. Case reassigned to Judge Ed Kinkeade for all further proceedings. Judge Jane J. Boyle no longer assigned to case. (Ordered by Judge Jane J. Boyle on 8/25/2021) (axm)
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| Filing 36 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Timothy Z. LaComb (Filing fee $100; Receipt number 0539-12166281) filed by Ross Diczhazy, Wesley Etheridge, II with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 35 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jennifer M. Oliver (Filing fee $100; Receipt number 0539-12166254) filed by Ross Diczhazy, Wesley Etheridge, II with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 34 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel J. Mogin (Filing fee $100; Receipt number 0539-12166245) filed by Ross Diczhazy, Wesley Etheridge, II with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kendall, Joe) |
| Filing 33 NOTICE of Attorney Appearance by Balon B Bradley on behalf of Ross Diczhazy, Wesley Etheridge, II. (Filer confirms contact info in ECF is current.) (Bradley, Balon) |
| Filing 32 NOTICE of Attorney Appearance by Joe Kendall on behalf of Ross Diczhazy, Wesley Etheridge, II. (Filer confirms contact info in ECF is current.) (Kendall, Joe) |
| Filing 31 NOTICE of Attorney Appearance by Christopher S Dodrill on behalf of Dickey's Barbecue Restaurants Inc, Dickey's Capital Group Inc. (Filer confirms contact info in ECF is current.) (Dodrill, Christopher) |
| Filing 30 NOTICE of Related Case in Civil Action No. 3:20-cv-3424-K and 3:21-cv-1963-X filed by Dickey's Barbecue Restaurants Inc (Dodrill, Christopher) |
| Filing 29 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mla) |
| Filing 28 Case electronically transferred in from District of California Southern; Case Number 3:20-cv-02189. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 27 Case transferred to District of Northern District of Texas. Files transferred electronically to: *District of Northern District of Texas*.*1100 Commerce Street, Room 1452**Dallas, TX 75242-1310*. Signed by Judge M. James Lorenz on 8/20/2021. (Attachments: #1 Transfer Order) (jpp) [Transferred from California Southern on 8/24/2021.] |
| Filing 26 REPLY - Other re #25 Response - Other Reply to Response to Notice of Settlement of Related Actions filed by Dickey's Barbecue Restaurants Inc.. (Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 25 RESPONSE re #24 Notice (Other) of Settlement of Related Actions filed by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Proof of Service)(Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 24 NOTICE OF SETTLEMENT OF RELATED ACTIONS by Dickey's Barbecue Restaurants Inc. (Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 23 REPLY to Response to Motion re #19 MOTION to Consolidate Cases Diczhazy and Marhefka and for Appointment of Co-Lead Interim Class Counsel filed by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Proof of Service)(Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Consolidate Cases Diczhazy and Marhefka and for Appointment of Co-Lead Interim Class Counsel filed by Dickey's Barbecue Restaurants Inc.. (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 21 REPLY to Response to Motion re #13 MOTION to Dismiss Plaintiffs' Amended Complaint Under Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) filed by Dickey's Barbecue Restaurants Inc.. (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 20 NOTICE of Voluntary Dismissal by Ross Diczhazy, Wesley Etheridge II without Prejudice as to Dickeys Capital Group, Inc. only (Attachments: #1 Attachment A - Tolling Agreement, #2 Proof of Service)(Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 19 MOTION to Consolidate Cases Diczhazy and Marhefka and for Appointment of Co-Lead Interim Class Counsel by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Oliver, #3 Oliver Ex. A, #4 Declaration of Blatt, #5 Blatt Ex. A, #6 Proof of Service)(Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 18 RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiffs' Amended Complaint Under Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) filed by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Declaration of Jennifer M. Oliver, #2 Oliver Dec Ex. A, #3 Oliver Dec Ex. B, #4 Oliver Dec Ex. C, #5 Oliver Dec Ex. D, #6 Oliver Dec Ex. E, #7 Oliver Dec Ex. F, #8 Oliver Dec Ex. G, #9 Oliver Dec Ex. H, #10 Proof of Service)(Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 17 Corporate Disclosure Statement by Dickey's Capital Group, Inc.. No Corporate Parents/Interested Parties. (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 16 Corporate Disclosure Statement by Dickey's Barbecue Restaurants Inc. identifying Corporate Parent Dickey's Capital Group, Inc. for Dickey's Barbecue Restaurants Inc... (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 15 NOTICE of Party With Financial Interest by Dickey's Capital Group, Inc. . Identifying Other Affiliate The Beazley Group, Other Affiliate Dickey's Barbecue Restaurants, Inc. for Dickey's Capital Group, Inc.. (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 14 NOTICE of Party With Financial Interest by Dickey's Barbecue Restaurants Inc. . Identifying Other Affiliate Dickey's Capital Group, Inc., Other Affiliate The Beazley Group for Dickey's Barbecue Restaurants Inc.. (Attachments: #1 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 13 MOTION to Dismiss Plaintiffs' Amended Complaint Under Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) by Dickey's Barbecue Restaurants Inc., Dickey's Capital Group, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Transfer Venue Under 28 U.S.C. Section 1404(A) and Motion to Dismiss Plaintiffs' Amended Complaint Under Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6), #2 Declaration of Carissa De Santis in Support of Defendants' Motion to Transfer Venue, #3 Proof of Service)(Ballon, Ian) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 12 NOTICE of MDL Filing: Order Denying Centralization (MDL No. 2983, ECF No. 36). (jdt) [Transferred from California Southern on 8/24/2021.] |
| Filing 11 AMENDED COMPLAINT with Jury Demand against Dickey's Barbecue Restaurants Inc., Dickey's Capital Group, Inc., Does 1-50, filed by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Proof of Service) (Oliver, Jennifer) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 10 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing, re #9 Notice of Appearance filed by Wesley Etheridge II, Ross Diczhazy (jpp) [Transferred from California Southern on 8/24/2021.] |
| Filing 9 NOTICE of Appearance by Natasha N Serino on behalf of Ross Diczhazy, Wesley Etheridge II (jpp)Attorney Natasha N Serino added to party Ross Diczhazy(pty:pla), Attorney Natasha N Serino added to party Wesley Etheridge II(pty:pla) [Transferred from California Southern on 8/24/2021.] |
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Filing 8
ORDER granting on part #7 Joint Motion for Defendants' response to Class Action Complaint. Signed by Judge M. James Lorenz on 12/07/2020. (jpp) (dlg). [Transferred from California Southern on 8/24/2021.]
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| Filing 7 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by Dickey's Barbecue Restaurants Inc., Dickey's Capital Group, Inc.. (Attachments: #1 Proposed Order)(Ballon, Ian)Attorney Ian Charles Ballon added to party Dickey's Barbecue Restaurants Inc.(pty:dft), Attorney Ian Charles Ballon added to party Dickey's Capital Group, Inc. (pty:dft) (jpp). [Transferred from California Southern on 8/24/2021.] |
| Filing 6 NOTICE of Appearance by Timothy Z. LaComb on behalf of Ross Diczhazy, Wesley Etheridge II (Attachments: #1 Certificate of Service)(LaComb, Timothy)Attorney Timothy Z. LaComb added to party Ross Diczhazy(pty:pla), Attorney Timothy Z. LaComb added to party Wesley Etheridge II(pty:pla) (jrm). [Transferred from California Southern on 8/24/2021.] |
| Filing 5 SUMMONS Returned Executed by Ross Diczhazy, Wesley Etheridge II. Dickey's Barbecue Restaurants Inc. served. (Oliver, Jennifer) (jrm). [Transferred from California Southern on 8/24/2021.] |
| Filing 4 SUMMONS Returned Executed by Ross Diczhazy, Wesley Etheridge II. Dickey's Capital Group, Inc. served. (Oliver, Jennifer) (jrm). [Transferred from California Southern on 8/24/2021.] |
| Filing 3 NOTICE of Appearance by Jennifer Marie Oliver on behalf of Ross Diczhazy, Wesley Etheridge II (Attachments: #1 Certificate of Service)(Oliver, Jennifer)Attorney Jennifer Marie Oliver added to party Ross Diczhazy(pty:pla), Attorney Jennifer Marie Oliver added to party Wesley Etheridge II(pty:pla) (jrm). [Transferred from California Southern on 8/24/2021.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda)(jrd) [Transferred from California Southern on 8/24/2021.] |
| Filing 1 COMPLAINT With Jury Demand Against Dickey's Barbecue Restaurants Inc., Dickey's Capital Group, Inc., Does 1-50 (Filing fee $400.00 receipt number ACASDC-14837386.), filed by Ross Diczhazy, Wesley Etheridge II. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-2189-L-MDD. Judge M. James Lorenz and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Mogin, Daniel)(zda)(jrd) [Transferred from California Southern on 8/24/2021.] |
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