Finical v. Massage Envy Franchising, LLC
| Misty Finical |
| Massage Envy Franchising, LLC |
| 1:2021cv01359 |
| December 3, 2021 |
| US District Court for the Eastern District of Virginia |
| Theresa Carroll Buchanan |
| T S Ellis |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Consent MOTION to Continue February 4, 2022 Hearing by Massage Envy Franchising, LLC. (Setliff, Charles) |
| 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) |
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)
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| Filing 22 Joint MOTION to Transfer Case and Notice of Related Case by Misty Finical. (Floyd, Lee) |
| 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) |
| Case Reassigned to District Judge T. S. Ellis, III. District Judge Leonie M. Brinkema no longer assigned to the case. (jlan) |
| Filing 20 NOTICE of Appearance by Lee Adair Floyd on behalf of Misty Finical (Floyd, Lee) |
| 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) |
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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, )
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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)
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| 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) |
| 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, ) |
| Filing 15 Notice of Hearing Date set for 02/04/2022 re #4 Memorandum in Support, #3 MOTION to Compel Arbitration (Setliff, Charles) |
| 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) |
| 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, ) |
| MOTIONS REFERRED to Magistrate Judge: Buchanan. #11 MOTION for Leave to File Amended Complaint to Join Parties and to Remand to State Court (clar, ) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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.
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| Filing 8 Consent MOTION for Extension of Briefing Schedule by Misty Finical. (Attachments: #1 Proposed Order)(Biniazan, Kevin) |
| Filing 7 NOTICE of Appearance by Kevin Biniazan on behalf of Misty Finical (Biniazan, Kevin) |
| 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). |
| 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). |
| 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) |
| Filing 3 MOTION to Compel Arbitration by Massage Envy Franchising, LLC. (Setliff, Charles) |
| Case Randomly Reassigned to District Judge Leonie M. Brinkema. District Judge Claude M. Hilton no longer assigned to the case. (jlan) |
| Filing 2 Corporate Disclosure Statement by Massage Envy Franchising, LLC. (Setliff, Charles) |
| 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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