Finical v. Massage Envy Franchising, LLC
Plaintiff: Misty Finical
Defendant: Massage Envy Franchising, LLC
Case Number: 1:2021cv01359
Filed: December 3, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Theresa Carroll Buchanan
Referring Judge: T S Ellis
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2022 Filing 25 Consent MOTION to Continue February 4, 2022 Hearing by Massage Envy Franchising, LLC. (Setliff, Charles)
January 31, 2022 Filing 24 RESPONSE in Support re #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court filed by Misty Finical. (Biniazan, Kevin)
January 28, 2022 Opinion or Order Filing 23 ORDER granting #22 Joint MOTION to Transfer Case and Notice of Related Case; ORDERED that this civil action be and is TRANSFERRED to Judge T.S. Ellis, III and Magistrate Judge Theresa C. Buchanan. Signed by District Judge Leonie M. Brinkema on 01/28/2022. (jlan)
January 28, 2022 Filing 22 Joint MOTION to Transfer Case and Notice of Related Case by Misty Finical. (Floyd, Lee)
January 28, 2022 Filing 21 REPLY to Response to Motion re #3 MOTION to Compel Arbitration filed by Massage Envy Franchising, LLC. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Setliff, Charles)
January 28, 2022 Case Reassigned to District Judge T. S. Ellis, III. District Judge Leonie M. Brinkema no longer assigned to the case. (jlan)
January 26, 2022 Filing 20 NOTICE of Appearance by Lee Adair Floyd on behalf of Misty Finical (Floyd, Lee)
January 24, 2022 Filing 19 Memorandum in Opposition re #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court filed by Massage Envy Franchising, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Setliff, Charles)
January 24, 2022 Opinion or Order Filing 18 ORDER granting #14 Motion for Pro hac vice Appointed Thomas Derek Ulreich-Power for Massage Envy Franchising, LLC. Signed by District Judge Leonie M. Brinkema on 1/24/2022. (clar, )
January 24, 2022 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response/Reply as to #10 Memorandum in Opposition. ORDERED that defendant file a reply brief in support of its Motion to Compel Arbitration by January 28, 2022. Signed by District Judge Leonie M. Brinkema on 1/24/2022. (swil)
January 21, 2022 Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #10 Memorandum in Opposition, by Massage Envy Franchising, LLC. (Setliff, Charles)
January 20, 2022 Set Deadlines as to #3 MOTION to Compel Arbitration. Motion Hearing set for 2/4/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )
January 20, 2022 Filing 15 Notice of Hearing Date set for 02/04/2022 re #4 Memorandum in Support, #3 MOTION to Compel Arbitration (Setliff, Charles)
January 14, 2022 Filing 14 Motion to appear Pro Hac Vice by Thomas Derek Ulreich-Power and Certification of Local Counsel C. Stephen Setliff Filing fee $ 75, receipt number BVAEDC-8195259. by Massage Envy Franchising, LLC. (Attachments: #1 Exhibit Application for PHV Admission)(Setliff, Charles)
January 13, 2022 Reset Deadlines as to #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court. Motion Hearing set for 2/4/2022 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (Per LMB chambers - NL) (clar, )
January 10, 2022 MOTIONS REFERRED to Magistrate Judge: Buchanan. #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court (clar, )
January 10, 2022 Set Deadlines as to #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court. Motion Hearing set for 2/4/2022 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, )
January 10, 2022 Filing 13 Notice of Hearing Date set for 02/04/2022 re #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court (Biniazan, Kevin)
January 10, 2022 Filing 12 Memorandum in Support re #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court filed by Misty Finical. (Biniazan, Kevin)
January 10, 2022 Filing 11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court by Misty Finical. (Attachments: #1 Exhibit 1 Amended Complaint, #2 Exhibit Amended Complaint Ex A, #3 Exhibit Amended Complaint Ex B, #4 Exhibit Amended Complaint Ex C, #5 Exhibit Amended Complaint Ex D, #6 Exhibit Amended Complaint Ex E, #7 Exhibit Amended Complaint Ex F, #8 Exhibit Amended Complaint Ex G, #9 Exhibit Amended Complaint Ex H, #10 Exhibit Amended Complaint Ex I, #11 Exhibit Amended Complaint Ex J, #12 Exhibit Amended Complaint Ex K, #13 Proposed Order)(Biniazan, Kevin)
January 7, 2022 Filing 10 Memorandum in Opposition re #3 MOTION to Compel Arbitration filed by Misty Finical. (Attachments: #1 Affidavit Declaration of Misty Finical, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Biniazan, Kevin)
January 7, 2022 Notice of Correction re #3 MOTION to Compel Arbitration. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (swil)
January 4, 2022 Opinion or Order Filing 9 ORDER: Upon review of the Agreed Motion to Modify Briefing Schedule, is hereby ORDERED that the Agreed Motion to Modify Briefing Schedule is GRANTED, and Plaintiff may file her Motion for Leave to Amend her Complaint to join defendants and to Remand by January 7, 2022; Plaintiff's deadline for filing a Brief in Opposition to Defendant's Motion to Compel Arbitration is extended to January 11, 2022; and Defendant's Reply to Plaintiff's Brief in Opposition to Defendant's Motion to Compel Arbitration is extended to January 21, 2022. Signed by District Judge Leonie M. Brinkema on 1/4/22.
December 30, 2021 Filing 8 Consent MOTION for Extension of Briefing Schedule by Misty Finical. (Attachments: #1 Proposed Order)(Biniazan, Kevin)
December 29, 2021 Filing 7 NOTICE of Appearance by Kevin Biniazan on behalf of Misty Finical (Biniazan, Kevin)
December 22, 2021 Filing 6 Filed in error and removed (Attachments: #1 Affidavit Application for PHV Admission)(Setliff, Charles) (Main Document 6 replaced on 12/23/2021) (swil, ). (Attachment 1 replaced on 12/23/2021) (swil). Modified on 12/23/2021 (swil).
December 22, 2021 Filing 5 Filed in error and removed(Attachments: #1 Affidavit Application for PHV Admission)(Setliff, Charles) (Main Document 5 replaced on 12/23/2021) (swil, ). (Attachment 1 replaced on 12/23/2021) (swil). Modified on 12/23/2021 (swil).
December 22, 2021 Filing 4 Memorandum in Support re #3 MOTION to Compel Arbitration filed by Massage Envy Franchising, LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Setliff, Charles)
December 22, 2021 Filing 3 MOTION to Compel Arbitration by Massage Envy Franchising, LLC. (Setliff, Charles)
December 7, 2021 Case Randomly Reassigned to District Judge Leonie M. Brinkema. District Judge Claude M. Hilton no longer assigned to the case. (jlan)
December 3, 2021 Filing 2 Corporate Disclosure Statement by Massage Envy Franchising, LLC. (Setliff, Charles)
December 3, 2021 Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8135309.), filed by Massage Envy Franchising, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Setliff, Charles)

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Plaintiff: Misty Finical
Represented By: Kevin Biniazan
Represented By: Lee Adair Floyd
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Defendant: Massage Envy Franchising, LLC
Represented By: Charles Stephen Setliff
Represented By: Thomas Derek Ulreich-Power
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