Manfredini v. Quick Technologies Inc et al
| Jansen Manfredini |
| Quick Technologies Inc doing business as Sage, Eric Natinsky, David Natinsky and Bille Forman |
| 3:2021cv02886 |
| November 17, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 35
MEMORANDUM OPINION AND ORDER - Finding the existence of an agreement to arbitrate with a valid delegation clause, the Court GRANTS Defendants Motion in part; Plaintiff's claims against Defendants should be submitted to arbitration. Doc. No. 26. Because there are open arbitrability questions left for the arbitrator, however, the Court STAYS this proceeding pending the arbitration per 9 U.S.C. 3. The parties are ORDERED to inform the Court within fourteen (14) days of the completion of the arbitration or settlement.There appears to be no further reason at this time to maintain the file as open for statistical purposes. The clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. (Ordered by Judge Ed Kinkeade on 1/3/2023) (chmb)
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| Filing 34 Supplemental Brief in Opposition of #28 Response/Objection to Defendants' Second Motion to Dismiss filed by Jansen Manfredini Modified text on 11/9/2022 (svc). |
| Filing 33 Brief/Memorandum in Support filed by Bille Forman, David Natinsky, Eric Natinsky, Quick Technologies Inc re #26 Motion to Dismiss and Refer to Arbitration (Merritt, Laura) Modified docket text and linkage on 11/1/2022 (oyh). |
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Filing 32
ORDER: Defendants should submit their supplemental briefing by October 31, 2022. Plaintiff may respond to Defendants' supplemental brief within seven (7) days of its filing. Neither brief shall exceed ten (10) pages in length. No reply brief is permitted absent further order of the Court. (Ordered by Judge Ed Kinkeade on 10/24/2022) (chmb)
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| Filing 31 REPLY filed by Quick Technologies Inc re: #26 MOTION to Dismiss Defendants' Second Motion to Dismiss and Refer to Arbitration (Merritt, Laura) |
| Filing 30 Appendix in Support filed by Jansen Manfredini re #29 Brief/Memorandum in Support of Motion. (Narvaez, Monica) Modified linkage and text on 4/1/2022 (mjr). |
| Filing 29 Brief/Memorandum in Support filed by Jansen Manfredini re: #28 Response/Objection. (Narvaez, Monica) Modified linkage and text on 4/1/2022 (mjr). |
| Filing 28 RESPONSE filed by Jansen Manfredini re: #26 MOTION to Dismiss Defendants' Second Motion to Dismiss and Refer to Arbitration (Narvaez, Monica) |
| Filing 27 Appendix in Support filed by Quick Technologies Inc re #26 MOTION to Dismiss Defendants' Second Motion to Dismiss and Refer to Arbitration (Merritt, Laura) |
| Filing 26 MOTION to Dismiss Defendants' Second Motion to Dismiss and Refer to Arbitration filed by Quick Technologies Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Merritt, Laura) |
| Filing 25 AMENDED COMPLAINT WITH JURY DEMAND against Bille Forman, David Natinsky, Eric Natinsky, Quick Technologies Inc filed by Jansen Manfredini. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (mjr) |
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Filing 24
ELECTRONIC ORDER - Before the Court are Plaintiff's Opposed Motion for Leave to Amend Complaint (the "Motion") (Doc. No. 12), Defendants' Response Brief Opposing Plaintiff's Opposed Motion for Leave to Amend Complaint (the "Response") (Doc. No. 18), and Plaintiff's Reply in Support of Plaintiff's Motion for Leave to Amend Complaint, and Brief in Support (the "Reply") (Doc. No. 22). After careful consideration of the Motion, the Response, the Reply, the associated briefs, and Fed. R. Civ. P. 15(a)(2)'s broad mandate that the Court grant leave "when justice so requires," the Court GRANTS the Motion. Therefore, Defendants' Motion to Dismiss and Refer to Arbitration and Brief in Support (Doc. No. 5) and Plaintiff's Motion for Oral Argument on Defendant's Motion to Dismiss and Refer to Arbitration (Doc. No. 20) are both DENIED as moot without prejudice to refiling. (Ordered by Judge Ed Kinkeade on 2/25/2022) (chmb)
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| Filing 23 Appendix in Support filed by Jansen Manfredini re #22 Reply to Defendants' Response to Plaintiff's Opposed Motion for Leave to Amend Complaint (Narvaez, Monica) |
| Filing 22 REPLY filed by Jansen Manfredini re: #12 MOTION to Amend/Correct Plaintiff's Complaint (Narvaez, Monica) |
| Filing 21 RESPONSE filed by Quick Technologies Inc re: #20 MOTION for Hearing re #12 MOTION to Amend/Correct Plaintiff's Complaint, #18 Response/Objection, #15 Brief/Memorandum in Support of Motion, #5 MOTION to Dismiss and Refer to Arbitration, #14 Response/Objection, [17 (Merritt, Laura) |
| Filing 20 MOTION for Oral Argument re #5 MOTION to Dismiss and Refer to Arbitration filed by Jansen Manfredini. (Narvaez, Monica) Modified linkage and text on 2/15/2022 (mjr). |
| Filing 19 Appendix in Support filed by Quick Technologies Inc re #18 Response/Objection Appendix (Merritt, Laura) |
| Filing 18 RESPONSE filed by Quick Technologies Inc re: #12 MOTION to Amend/Correct Plaintiff's Complaint (Merritt, Laura) |
| Filing 17 REPLY filed by Bille Forman, David Natinsky, Eric Natinsky, Quick Technologies Inc re: #5 MOTION to Dismiss and Refer to Arbitration (Hammel, William) |
| Filing 16 Appendix in Support filed by Jansen Manfredini re #15 Brief/Memorandum in Support of Motion. (Narvaez, Monica) Modified text and linkage on 1/19/2022 (jmg). |
| Filing 15 Brief/Memorandum in Support filed by Jansen Manfredini #14 Response/Objection. (Narvaez, Monica) Modified text and linkage on 1/19/2022 (jmg). |
| Filing 14 RESPONSE filed by Jansen Manfredini re: #5 MOTION to Dismiss and Refer to Arbitration (Narvaez, Monica) |
| Filing 13 ADDITIONAL ATTACHMENTS to #12 Motion for Leave to Amend Complaint by Plaintiff Jansen Manfredini. (Narvaez, Monica) |
| Filing 12 MOTION for Leave to Amend Complaint filed by Jansen Manfredini with Brief/Memorandum in Support. (Attachments: #1 Proposed Amendment) (Narvaez, Monica) |
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Filing 11
ELECTRONIC ORDER granting #10 Unopposed Motion to Extend Time to File Response to Defendant's Motion to Dismiss and Refer to Arbitration. Responses due by 1/17/2022. (Ordered by Judge Ed Kinkeade on 1/6/2022) (chmb)
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| Filing 10 MOTION for Extension of Time to File Response/Reply to #5 MOTION to Dismiss and Refer to Arbitration filed by Jansen Manfredini. (Narvaez, Monica) Modified text and linkage on 1/7/2022 (jmg). |
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Filing 9
ELECTRONIC ORDER granting #8 Unopposed Motion to Extend Time to File Response to Defendant's Motion to Dismiss and Refer to Arbitration. Responses due by 1/10/2022. (Ordered by Judge Ed Kinkeade on 12/9/2021) (chmb)
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| Filing 8 MOTION for Extension of Time to File Response/Reply to #5 MOTION to Dismiss and Refer to Arbitration filed by Jansen Manfredini (Narvaez, Monica) |
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Filing 7
ELECTRONIC ORDER granting #4 Application for Admission Pro Hac Vice of Steven H. Garrett. 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 12/6/2021) (chmb)
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| Filing 6 Appendix in Support filed by Quick Technologies Inc re #5 MOTION to Dismiss and Refer to Arbitration Appendix (Merritt, Laura) Modified text on 12/6/2021 (ygl). |
| Filing 5 MOTION to Dismiss and Refer to Arbitration filed by Quick Technologies Inc with Brief/Memorandum in Support. (Merritt, Laura) |
| Filing 4 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12431004) filed by Quick Technologies Inc (Garrett, Steven) (Additional attachment(s) added on 12/6/2021: #1 Additional Page(s) PHV with Signature and Certificate of Good Standing from Texas State Bar) (chmb). (Main Document 4 replaced on 12/6/2021) (ygl). |
| Filing 3 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 Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mla) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bille Forman, David Natinsky, Eric Natinsky, Quick Technologies, Inc. d/b/a Sage. (Merritt, Laura) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Bille Forman, Eric Natinsky, David Natinsky, Quick Technologies, Inc. d/b/a Sage. (Filing fee $402; receipt number 0539-12393029) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Additional Page(s) Index, #4 Additional Page(s) Docket, #5 Additional Page(s) State Court Filings) (Merritt, Laura) |
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