Peroutka et al v. Yeti Coolers, LLC
| Otis Fung, Nikki Pribow and Lance Peroutka |
| Yeti Coolers, LLC |
| 1:2020cv00326 |
| March 26, 2020 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 38 Amended Emergency Order in Light of the COVID-19 Pandemic |
Filing 37
ORDER GRANTING #36 Motion to Appear Pro Hac Vice as to Michael C. Lueder. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (dm)
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| Filing 36 MOTION to Appear Pro Hac Vice by Jessica Christine Mederson ( Filing fee $ 100 receipt number 0542-13427887) by Michael C. Lueder on behalf of Otis Fung, Lance Peroutka, Nikki Pribow. (Attachments: #1 Proposed Order)(Mederson, Jessica) |
| Filing 35 NOTICE of Attorney Appearance by Jessica Christine Mederson on behalf of Otis Fung, Lance Peroutka, Nikki Pribow (Mederson, Jessica) |
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Filing 34
ORDER GRANTING #31 Motion to Withdraw as Attorney. Signed by Judge Robert Pitman. (dm)
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| Filing 33 ATTACHMENT Corrected Certificate of Service to #31 Unopposed MOTION to Withdraw as Attorney Brian Polovoy by Yeti Coolers, LLC. (Whittlesey, David) |
| Filing 32 DEFICIENCY NOTICE: re #31 Unopposed MOTION to Withdraw as Attorney Brian Polovoy (dm) |
| Filing 31 Unopposed MOTION to Withdraw as Attorney Brian Polovoy by Yeti Coolers, LLC. (Attachments: #1 Proposed Order)(Whittlesey, David) |
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Filing 30
EMERGENCY ORDER in light of COVID-19 pandemic. Signed by Judge Robert Pitman. (jg3)
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| Filing 29 Case Transfer and Opening Letter sent to all Counsel. (cj) |
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Filing 28
Order Directing Brian Howard Polovoy, Michael C. Lueder, and Jacob Miota to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (cj)
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| Filing 27 Case electronically transferred in from Eastern District of New York; Case Number 1:18-cv-06827. |
| Case transferred to the Western District of Texas. Case extracted via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Greene, Donna) [Transferred from New York Eastern on 3/26/2020.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| DEMAND for Trial by Jury by Otis Fung, Lance Peroutka, Nikki Pribow. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) |
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Filing 26
MEMORANDUM DECISION AND ORDER. I grant the defendant's motion to transfer to the Western District of Texas and defer decision on the defendant's motion to dismiss. Pursuant to Local Civil Rule 83.1, the Clerk will, after seven days, effectuate the transfer of the case to the Western District of Texas. Ordered by Judge Ann M. Donnelly on 3/17/2020. (Greene, Donna) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 25 REPLY in Support re #18 MOTION to Dismiss or, in the alternative MOTION to Change Venue filed by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 24 DECLARATION re #22 Memorandum in Opposition to Defendant's Motion to Dismiss or, in the Alternative, to Transfer Venue by Otis Fung, Lance Peroutka, Nikki Pribow (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 23 DECLARATION re #22 Memorandum in Opposition to Defendant's Motion to Dismiss or, in the Alternative, to Transfer Venue by Otis Fung, Lance Peroutka, Nikki Pribow (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 22 MEMORANDUM in Opposition re #18 MOTION to Dismiss or, in the alternative MOTION to Change Venue filed by All Plaintiffs. (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #18 MOTION to Dismiss or, in the alternative MOTION to Change Venue / Declaration of Chris Keller filed by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 20 AFFIDAVIT/DECLARATION in Support re #18 MOTION to Dismiss or, in the alternative MOTION to Change Venue / Declaration of David James Bell filed by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss or, in the alternative MOTION to Change Venue filed by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 18 MOTION to Dismiss or, in the alternative, MOTION to Change Venue by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 17 AMENDED COMPLAINT against Yeti Coolers, LLC, filed by Lance Peroutka, Otis Fung, Nikki Pribow. (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Minute Entry for proceedings held before Judge Ann M. Donnelly: Pre-Motion Conference held on April 3, 2019. Michael Lueder appeared for the plaintiffs; Brian Polovoy and David Whittlesey appeared for the defendant. The case was called; discussions were held. The plaintiffs are to file their amended complaint by April 10, 2019. The Court sets the following briefing schedule: the defendant's motion to dismiss and to transfer venue is due by May 13, 2019; the plaintiffs' opposition is due by June 13, 2019; the defendant's reply, if any, is due by July 11, 2019. (Court Reporter Sophie Nolan.) (Chen, Irisa) [Transferred from New York Eastern on 3/26/2020.] |
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ORDER granting #13 Motion for Pre-Motion Conference. The parties are to appear for a pre-motion conference on April 3, 2019 at 2:00 p.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 3/10/2019. (Chen, Irisa) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 16 RESPONSE to Motion re #13 Letter MOTION for pre motion conference in connection with YETIs anticipated motion to dismiss or, in the alternative, to transfer venue filed by All Plaintiffs. (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #13 Letter MOTION for pre motion conference in connection with YETIs anticipated motion to dismiss or, in the alternative, to transfer venue by Otis Fung, Lance Peroutka, Nikki Pribow. (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
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ORDER granting #15 Motion for Extension of Time to File Response/Reply. The plaintiffs are to respond to the defendant's pre-motion conference letter #13 by March 8, 2019. Ordered by Judge Ann M. Donnelly on 2/20/2019. (Chen, Irisa) [Transferred from New York Eastern on 3/26/2020.]
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ELECTRONIC ORDER granting #14 Motion to Adjourn Conference. Initial Conference adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/19/2019. (Graham, Emily) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 14 Letter MOTION to Adjourn Conference with the consent of plaintiffs by Yeti Coolers, LLC. (Attachments: #1 #13 Letter Motion) (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 13 Letter MOTION for pre motion conference in connection with YETIs anticipated motion to dismiss or, in the alternative, to transfer venue by Yeti Coolers, LLC. (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
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SCHEDULING ORDER: The plaintiffs are to respond to the defendant's pre-motion conference letter #13 by February 22, 2019. Ordered by Judge Ann M. Donnelly on 2/15/2019. (Chen, Irisa) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 12 NOTICE of Appearance by Micheal C. Lueder on behalf of All Plaintiffs (aty to be noticed) (Lueder, Micheal) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 11 NOTICE of Appearance by David Philip Whittlesey on behalf of Yeti Coolers, LLC (notification declined or already on case) (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 10 MOTION to Appear Pro Hac Vice of Michael Lueder Filing fee $ 150, receipt number ANYEDC-11114138. by Otis Fung, Lance Peroutka, Nikki Pribow. (Attachments: #1 Affidavit of Michael Lueder, #2 Wisconsin Certificate of Good Standing, #3 Ohio Certificate of Good Statding) (Miota, Jacob) [Transferred from New York Eastern on 3/26/2020.] |
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ELECTRONIC ORDER granting #10 . The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/17/2019. (Graham, Emily) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11112037. by Yeti Coolers, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Whittlesey, David) [Transferred from New York Eastern on 3/26/2020.] |
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ELECTRONIC ORDER granting #9 . The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/16/2019. (Graham, Emily) [Transferred from New York Eastern on 3/26/2020.]
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Filing 8
SCHEDULING ORDER: An Initial Conference is set for 3/12/2019 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/9/2019. (Caggiano, Diana) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 7 MOTION for Extension of Time to File Answer re #1 Complaint, /Stipulation and Proposed Order Extending Time for Defendant to Answer or Otherwise Respond to Plaintiffs' Complaint by Yeti Coolers, LLC. (Polovoy, Brian) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 6 Corporate Disclosure Statement by Yeti Coolers, LLC identifying Corporate Parent YETI Holdings, Inc. for Yeti Coolers, LLC. (Polovoy, Brian) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 5 NOTICE of Appearance by Brian Howard Polovoy on behalf of Yeti Coolers, LLC (aty to be noticed) (Polovoy, Brian) [Transferred from New York Eastern on 3/26/2020.] |
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ELECTRONIC ORDER granting #7 Motion for Extension of Time to Answer - 2/15/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/9/2019. (Caggiano, Diana) [Transferred from New York Eastern on 3/26/2020.]
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| Filing 4 Summons Issued as to Yeti Coolers, LLC. (Davis, Kimberly) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 3/26/2020.] |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 3/26/2020.] |
| Filing 1 COMPLAINT against Yeti Coolers, LLC filing fee $ 400, receipt number ANYEDC-10983664 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Lance Peroutka, Otis Fung, Nikki Pribow. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Miota, Jacob) [Transferred from New York Eastern on 3/26/2020.] |
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