Lopez et al v. Volusion, LLC
| Julio Lopez and Michael Oros |
| Volusion, LLC |
| 1:2020cv00761 |
| July 17, 2020 |
| US District Court for the Western District of Texas |
| Lee Yeakel |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.
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Filing 54
ORDER AWARDING ATTORNEYS' FEES, REIMBURSEMENT OF LITIGATION EXPENSES AND CLASS REPRESENTATIVE SERVICE AWARDS. Signed by Judge Lee Yeakel. (dm)
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Filing 53
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT AND JUDGMENT Signed by Judge Lee Yeakel. (dm)
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| Filing 52 Minute Entry for proceedings held before Judge Lee Yeakel: Fairness Hearing held on 10/6/2022 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(dm) |
| Filing 51 Proposed Order (Amended) Awarding Attorneys' Fees, Reimbursement of Litigation Expenses and Class Representative Service Awards to #45 MOTION for Attorney Fees , Reimbursement of Litigation Expenses, and Class Representative Service Award, #48 Brief, by Julio Lopez, Michael Oros. (Attachments: #1 Exhibit Redlined Proposed Order)(Weiner, Melissa) |
| Filing 50 Proposed Order (Amended) Granting Final Approval of Class Action Settlement Agreement and Judgment to #44 MOTION for Settlement Motion for Final Approval of Class Action Settlement, #49 Affidavit in Support, by Julio Lopez, Michael Oros. (Attachments: #1 Exhibit Redlined Proposed Order)(Weiner, Melissa) |
| Filing 49 AFFIDAVIT in Support of #44 MOTION for Settlement Motion for Final Approval of Class Action Settlement Amended Supplemental Declaration of Justin R. Hughes by Julio Lopez, Michael Oros. (Weiner, Melissa) Modified on 9/29/2022 (jv2). |
| Filing 48 BRIEF Plaintiffs' Reply in Support regarding #45 MOTION for Attorney Fees , Reimbursement of Litigation Expenses, and Class Representative Service Award, #44 MOTION for Settlement Motion for Final Approval of Class Action Settlement by Julio Lopez, Michael Oros. (Weiner, Melissa) |
| Filing 47 AFFIDAVIT in Support of #44 MOTION for Settlement Motion for Final Approval of Class Action Settlement Supplemental Declaration of Justin R. Hughes in Support of Final Approval by Julio Lopez, Michael Oros. (Streisfeld, Jonathan) |
| Filing 46 NOTICE of Change of Address by Melissa S. Weiner (Weiner, Melissa) |
| Filing 45 MOTION for Attorney Fees , Reimbursement of Litigation Expenses, and Class Representative Service Award by Julio Lopez, Michael Oros. (Attachments: #1 Memo in Support, #2 Affidavit Declaration of Weiner, #3 Exhibit Exhibit 1 to Weiner Declaration, #4 Affidavit Declaration of Zavareei, #5 Exhibit Exhibit 1 to Zavareei Declaration, #6 Affidavit Declaration of Singley, #7 Exhibit Exhibit 1 to Singley Declaration, #8 Affidavit Declaration of Streisfeld, #9 Exhibit Exhibit 1 to Streisfeld Declaration, #10 Proposed Order)(Weiner, Melissa) |
| Filing 44 MOTION for Settlement Motion for Final Approval of Class Action Settlement by Julio Lopez, Michael Oros. (Attachments: #1 Memo in Support, #2 Affidavit Joint Declaration of Class Counsel, #3 Affidavit Declaration of Justin R. Hughes of Kroll, #4 Proposed Order)(Weiner, Melissa) |
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Filing 43
ORDER GRANTING #42 Mark A. Clifford's Motion to Withdraw as Attorney for Plaintiffs. Signed by Judge Lee Yeakel. (jv2)
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| Filing 42 MOTION to Withdraw as Attorney Mark A. Clifford by Julio Lopez, Michael Oros. (Attachments: #1 Proposed Order)(Clifford, Mark) |
| Motions No Longer Referred: #27 Motion to Dismiss for Failure to State a Claim (jv2) |
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Filing 41
ORDER that in light of the parties' agreement to settle this case, IT IS ORDERED that #27 Defendant's Motion to Dismiss is RETURNED to the docket of Judge Lee Yeakel. Signed by Judge Dustin M. Howell. (jv2)
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Filing 40
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT AND CONDITIONALLY CERTIFYING CLASS FOR SETTLEMENT PURPOSES ONLY ( Final Approval Hearing set for 10/6/2022 at 09:30 AM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm)
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| Filing 39 Unopposed MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement, Preliminary Certification, and Approval of Notice Plan by Julio Lopez, Michael Oros. (Attachments: #1 Exhibit 1-Settlement Agreement, #2 Exhibit 2-Joint Declaration, #3 Exhibit 3-Bankrupcty Order, #4 Exhibit 4-Declaration of Kroll Settlement Adm, #5 Exhibit 5-Proposed Order)(Streisfeld, Jonathan) |
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Filing 38
ORDER GRANTING #37 Motion for Extension of Time Signed by Judge Lee Yeakel. (jv2)
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| Filing 37 Unopposed MOTION for Extension of Time to File Plaintiff's Motion for Preliminary Approval by Julio Lopez, Michael Oros. (Attachments: #1 Proposed Order)(Streisfeld, Jonathan) |
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Filing 36
ORDER re #35 Joint Notice of Settlement and Request to Stay Deadlines Pending Settlement Approval. IT IS ORDERED all pending deadlines are abated. Plaintiffs shall file a motion for preliminary approval by 04/05/2022. The Initial Pretrial Conference set for 02/18/2022 is CANCELED. Signed by Judge Lee Yeakel. (jv2)
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| Filing 35 NOTICE of Settlement by Julio Lopez, Michael Oros (Attachments: #1 Proposed Order)(Edwards, Jeffrey) |
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Filing 34
ORDER SETTING Initial Pretrial Conference by Telephone for 2/18/2022 at 02:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2)
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Filing 33
ORDER REFERRING #27 Motion to Dismiss Class Action Complaint for Failure to State a Claim filed by Volusion, LLC to Magistrate Judge Dustin M. Howell for Report and Recommendation.Signed by Judge Lee Yeakel. (jv2)
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| Filing 32 REPLY to Response to Motion, filed by Volusion, LLC, re #27 Motion to Dismiss for Failure to State a Claim filed by Defendant Volusion, LLC (Ewert, Robert) |
| Filing 31 Response in Opposition to Motion, filed by Julio Lopez, Michael Oros, re #27 Motion to Dismiss for Failure to State a Claim filed by Defendant Volusion, LLC (Attachments: #1 Proposed Order)(Singley, Michael) |
| Filing 30 Proposed Scheduling Order by Volusion, LLC. (Ewert, Robert) |
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Filing 29
ORDER GRANTING #28 Joint Motion for Extensions of Time re #27 Defendant's Motion to Dismiss. Plaintiffs' response due 10/11/2021; Defendant's reply due 11/01/2021. Signed by Judge Lee Yeakel. (jv2)
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| Filing 28 Joint MOTION for Extension of Time to File Response/Reply as to #27 Motion to Dismiss for Failure to State a Claim by Julio Lopez, Michael Oros. (Attachments: #1 Proposed Order)(Singley, Michael) |
| Filing 27 Motion to Dismiss for Failure to State a Claim by Volusion, LLC. (Ewert, Robert) |
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Filing 26
ORDER that the stay in this cause is LIFTED. Defendant shall file an answer to the Class Action Complaint by 09/13/2021. FURTHER ORDER that the parties submit a Proposed Agreed Scheduling Order by 10/1/2021. Signed by Judge Lee Yeakel. (jv2)
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| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin M. Howell. (jkda) |
| Filing 25 STATUS REPORT REGARDING STATUS OF BANKRUPTCY by Volusion, LLC. (Attachments: #1 Exhibit A)(Ewert, Robert) |
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Filing 24
ORDER GRANTING #21 Motion to Withdraw Joseph C. Bourne as Counsel. Signed by Judge Lee Yeakel. (jv2)
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| Filing 23 ATTACHMENT (Proposed Order) to #21 MOTION to Withdraw as Attorney by Julio Lopez. (Bourne, Joseph) |
| Filing 22 DEFICIENCY NOTICE: re #21 MOTION to Withdraw as Attorney (dm) |
| Filing 21 MOTION to Withdraw as Attorney by Julio Lopez. (Bourne, Joseph) |
| Filing 20 STATUS REPORT Regarding Status of Bankruptcy by Volusion, LLC. (Ewert, Robert) |
| Filing 19 STATUS REPORT (Second) by Volusion, LLC. (Ewert, Robert) |
| Filing 18 STATUS REPORT REGARDING STATUS OF BANKRUPTCY by Volusion, LLC. (Ewert, Robert) |
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Filing 17
ORDER re #16 Suggestion of Bankruptcy and Notice of Automatic Stay. ORDER STAYING CASE with status reports due on a quarterly basis, with the first Status Report due by 11/13/2020. Signed by Judge Lee Yeakel. (jv2)
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| Filing 16 SUGGESTION OF BANKRUPTCY as to Volusion, LLC . (Attachments: #1 Exhibit A)(Ewert, Robert) |
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Filing 15
ORDER GRANTING #12 Joseph C. Bourne's Motion to Appear Pro Hac Vice on behalf of Plaintiffs. 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 Lee Yeakel. (jv2)
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Filing 14
ORDER GRANTING #11 Melissa S. Weiner's Motion to Appear Pro Hac Vice on behalf of Plaintiffs. 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 Lee Yeakel. (jv2)
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Filing 13
ORDER GRANTING #10 Jonathan M. Streisfeld's Motion to Appear Pro Hac Vice on behalf of Plaintiffs. 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 Lee Yeakel. (jv2)
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| Filing 12 MOTION to Appear Pro Hac Vice by Jeffrey S. Edwards for Joseph C. Bourne ( Filing fee $ 100 receipt number 0542-13814076) by on behalf of Julio Lopez. (Attachments: #1 Exhibit, #2 Proposed Order)(Edwards, Jeffrey) Modified on 7/30/2020 (jv2). |
| Filing 11 MOTION to Appear Pro Hac Vice by Jeffrey S. Edwards for Melissa Weiner ( Filing fee $ 100 receipt number 0542-13814053) by on behalf of Julio Lopez. (Attachments: #1 Exhibit, #2 Proposed Order)(Edwards, Jeffrey) Modified on 7/30/2020 (jv2). |
| Filing 10 MOTION to Appear Pro Hac Vice by Jeffrey S. Edwards for Jonathan M. Streisfeld ( Filing fee $ 100 receipt number 0542-13808104) by on behalf of Julio Lopez. (Attachments: #1 Proposed Order Order, #2 Exhibit Exhibit - Court Admissions)(Edwards, Jeffrey) (Main Document 10 replaced on 7/29/2020) (jv2). (Attachment 1 replaced on 7/29/2020) (jv2). Modified on 7/29/2020 (jv2). Documents replaced to flatten image. |
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Filing 9
ORDER GRANTING #7 Hassan A. Zavareei's Motion to Appear Pro Hac Vice on behalf of Plaintiffs. 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 Lee Yeakel. (jv2)
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Filing 8
ORDER GRANTING #6 Mark A. Clifford's Motion to Appear Pro Hac Vice on behalf of Plaintiffs. 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 Lee Yeakel. (jv2)
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| Filing 7 MOTION to Appear Pro Hac Vice by Jeffrey S. Edwards for Hassan A. Zavareei ( Filing fee $ 100 receipt number 0542-13793863) by on behalf of Julio Lopez. and Michael Oros (Attachments: #1 Exhibit, #2 Proposed Order)(Edwards, Jeffrey) Modified on 7/24/2020 (jv2). (Main Document 7 replaced on 7/24/2020) (jv2). (Attachment 2 replaced on 7/24/2020) (jv2). |
| Filing 6 MOTION to Appear Pro Hac Vice by Jeffrey S. Edwards for Mark A. Clifford ( Filing fee $ 100 receipt number 0542-13793845) by on behalf of Julio Lopez and Michael Oros. (Attachments: #1 Proposed Order)(Edwards, Jeffrey) Modified on 7/24/2020 (jv2). (Main Document 6 replaced on 7/24/2020) (jv2). (Attachment 1 replaced on 7/24/2020) (jv2). |
| Filing 5 SUMMONS Returned Executed by Julio Lopez. Volusion, LLC served on 7/20/2020, answer due 8/10/2020. (Edwards, Jeffrey) |
| Filing 4 Summons Issued as to Volusion, LLC. (cj) |
| Filing 3 Pro Hac Vice Letters mailed out to Joseph C. Bourne, Jeff Ostrow, Melissa C. Weiner, and Hassan A. Zavareei re: non-admitted status. (cj) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Julio Lopez. (Edwards, Jeffrey) (Main Document 2 replaced and flattened on 7/17/2020) (cj). |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-13773253). No Summons requested at this time, filed by Julio Lopez. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Edwards, Jeffrey) (Attachment 1 replaced and flattened on 7/17/2020) (cj). |
| Case assigned to Judge Lee Yeakel. 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 Julio Lopez, Michael Oros. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin (cj) |
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