De Coster et al v. Amazon.com Inc
| Osahon Ojeaga, Elizabeth De Coster, John Mariane, Nemanja Krstic, Emma Zaballos, Maya Gold, Megan Smith, Robert Taylor and Kenneth David West |
| Amazon.com Inc |
| Angela Hogan and Andrea Seberson |
| 2:2021cv00693 |
| May 26, 2021 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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Filing 59
ORDER granting in part and denying in part Defendant's #35 Motion to Dismiss. Defendant Amazon's Motion to Dismiss, Dkt. #35 is GRANTED with respect to Plaintiffs' First Cause of Action. Plaintiffs' First Cause of Action, for Violation of the Sherman Act 15 U.S.C. 1 Per Se, is DISMISSED. Although leave to amend would typically be granted, it is not granted here as Plaintiffs would have to significantly re-work the pleadings in order to bring this claim. Plaintiffs may move for leave to amend if they so choose. The Motion is DENIED as to all other claims. The parties are to promptly propose a class certification briefing schedule. Signed by Judge Ricardo S. Martinez. (SB)
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Filing 58
ORDER re #57 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jessica B Beringer for Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, and Emma Zaballos by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 57
APPLICATION OF ATTORNEY Jessica B. Beringer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos, Interested Parties Angela Hogan, Andrea Seberson (Fee Paid) Receipt No. AWAWDC-7842240 (Berman, Steve)
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Filing 56
NOTICE of Appearance by attorney John Goldmark on behalf of Defendant Amazon.com Inc. (Goldmark, John)
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Filing 55
NOTICE of Pendency of Other Action in Superior Court of the State of California County of San Francisco ; filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Attachments: #1 Exhibit A)(Berman, Steve)
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Filing 54
SURREPLY filed by Defendant Amazon.com Inc re #35 MOTION to Dismiss Consolidated Amended Complaint and re #52 Notice of Supplemental Authority and #53 Response to Notice of Supplemental Authority (Rummage, Stephen)
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Filing 53
RESPONSE by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos re #52 Notice of Supplemental Authority (Berman, Steve)
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Filing 52
NOTICE of Supplemental Authority re #35 MOTION to Dismiss Consolidated Amended Complaint by Defendant Amazon.com Inc (Rummage, Stephen)
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Filing 51
NOTICE of Supplemental Authority re #39 Response to Motion by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos (Berman, Steve)
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Filing 50
NOTICE of Change of Address/Change of Name of Attorney Albert Young Pak. Filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Pak, Albert)
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Filing 49
NOTICE of Change of Address/Change of Name of Attorney Zina Bash. Filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West. (Bash, Zina)
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Filing 48
NOTICE of Change of Address/Change of Name of Attorney Warren D Postman. Filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Postman, Warren)
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Filing 47
NOTICE of Supplemental Authority re #39 Response to Motion by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos (Berman, Steve)
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Filing 46
RESPONSE by Defendant Amazon.com Inc re #45 Notice of Pendency of Other Action, (Rummage, Stephen)
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Filing 45
NOTICE of Pendency of Other Action in King County Superior Court, case number(s) in other court 22-2-01281-1 SEA ; filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Attachments: #1 Exhibit A, #2 Exhibit B)(Berman, Steve)
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Filing 44
NOTICE of Supplemental Authority re #39 Response to Motion by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos (Berman, Steve)
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Filing 43
ORDER denying Plaintiffs' #22 Motion to Consolidate Cases. The Court will not enter an order consolidating these cases for discovery purposes (as suggested by Plaintiffs' counsel in C21-996) absent further agreement from the parties. Signed by Judge Ricardo S. Martinez. (SB)
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Filing 42
REPLY, filed by Defendant Amazon.com Inc, TO RESPONSE to #35 MOTION to Dismiss Consolidated Amended Complaint (Rummage, Stephen)
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Filing 41
ORDER granting Parties' #40 Stipulated MOTION to Defer the Deadline To File a Class Certification Motion. The Court hereby vacates the 11/22/2021 deadline for Plaintiffs to file their motion for class certification. The parties shall propose a class certification briefing schedule promptly following disposition of Amazon's motion to dismiss Plaintiffs' consolidated amended complaint, should the Court deny that motion. Signed by Judge Ricardo S. Martinez. (SB)
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Filing 40
Stipulated MOTION to Defer the Deadline To File a Class Certification Motion, filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Berman, Steve)
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Filing 39
RESPONSE, by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos, to #35 MOTION to Dismiss Consolidated Amended Complaint. (Berman, Steve)
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Filing 38
ORDER re Parties' #37 Stipulated MOTION Extending Time for Reply Brief on Motion to Dismiss. Amazon may file its reply brief in support of its #35 motion to dismiss on Tuesday, 1/18/2022, noting the motion for consideration on Friday, 1/21/2022. Signed by Judge Ricardo S. Martinez. (SB)
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Filing 37
Stipulated MOTION and [Proposed] Order Extending Time for Reply Brief on Motion to Dismiss, filed by Defendant Amazon.com Inc. Noting Date 11/18/2021, (Rummage, Stephen)
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Filing 36
DECLARATION of Stephen M. Rummage filed by Defendant Amazon.com Inc re #35 MOTION to Dismiss Consolidated Amended Complaint (Rummage, Stephen)
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Filing 35
MOTION to Dismiss Consolidated Amended Complaint, filed by Defendant Amazon.com Inc. Oral Argument Requested. Noting Date 1/7/2022 1/21/2022 (Rummage, Stephen) Modified on 11/18/2021 (SB).
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Filing 34
ORDER re #29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kyle Smith for Defendant Amazon.com Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 33
ORDER re #28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Amy J Mauser for Defendant Amazon.com Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 32
ORDER re #27 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney William A Isaacson for Defendant Amazon.com Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 31
ORDER re #26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Martha L Goodman for Defendant Amazon.com Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 30
ORDER re #25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Karen L Dunn for Defendant Amazon.com Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 29
APPLICATION OF ATTORNEY Kyle Smith FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7235246 (Rummage, Stephen)
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Filing 28
APPLICATION OF ATTORNEY Amy J. Mauser FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7235238 (Rummage, Stephen)
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Filing 27
APPLICATION OF ATTORNEY William A. Isaacson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7235226 (Rummage, Stephen)
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Filing 26
APPLICATION OF ATTORNEY Martha L. Goodman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7235219 (Rummage, Stephen)
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Filing 25
APPLICATION OF ATTORNEY Karen L. Dunn FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7235209 (Rummage, Stephen)
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Filing 24
REPLY, filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos, TO RESPONSE to #22 MOTION to Consolidate Cases (Berman, Steve)
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Filing 23
NOTICE of Response to Motion to Consolidate re #22 MOTION to Consolidate Cases ; filed by Interested Parties Angela Hogan, Andrea Seberson. (McEntee, Adrienne)
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Noting Date Set re Plaintiffs' #22 MOTION to Consolidate Cases: Noting Date 8/20/2021. (PM)
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Filing 22
MOTION to Consolidate Cases , filed by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. Noted for 8/20/2021 (Attachments: #1 Proposed Order)(Berman, Steve) Modified on 8/6/2021 to add noting date (PM).
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Filing 21
NOTICE of Related Case(s) 21-cv-996, 21-cv-1009, by Plaintiffs Elizabeth De Coster, Maya Gold, John Mariane, Osahon Ojeaga, Megan Smith, Robert Taylor, Kenneth David West, Emma Zaballos. (Berman, Steve)
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Filing 20
AMENDED COMPLAINT Consolidated Amended Complaint against defendant(s) Amazon.com Inc with JURY DEMAND Attorney Steve W. Berman added to party Elizabeth De Coster(pty:pla), Attorney Steve W. Berman added to party John Mariane(pty:pla), Attorney Steve W. Berman added to party Osahon Ojeaga(pty:pla), Attorney Steve W. Berman added to party Emma Zaballos(pty:pla), Attorney Steve W. Berman added to party Maya Gold(pty:pla), Attorney Steve W. Berman added to party Megan Smith(pty:pla), filed by Osahon Ojeaga, Elizabeth De Coster, Kenneth David West, John Mariane, Robert Taylor, Emma Zaballos, Maya Gold, Megan Smith.(Berman, Steve)
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Filing 19
ORDER granting Plaintiffs' #18 Unopposed Motion for Appointment of Interim Co-Lead Class Counsel and Plaintiffs' Executive Committee for the Proposed Class. The Court concludes Hagens Berman Sobol Shapiro LLP and Keller Lenkner LLC are appointed, as Interim Co-Lead Class Counsel, and that Quinn Emanuel Urquhart & Sullivan, LLP and Keller Rohrback L.L.P. are appointed, as members of a Plaintiffs' Executive Committee. Signed by Judge Ricardo S. Martinez.(PM)
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Attorney Zina Bash added as counsel for Consolidated Plaintiffs Robert Taylor and Kenneth David West, per Order granting Application for Leave to Appear Pro Hac Vice, filed in 21-cv-694-RSM (dkts. 13, 3). (PM)
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Filing 18
MOTION to Appoint (Motion for Appointment of Interim Co-Lead Class Counsel and Plaintiffs' Executive Committee), filed by Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos, Consol Plaintiffs Robert Taylor, Kenneth David West. (Attachments: #1 Exhibit Berman Declaration, #2 Exhibit Bash Declaration, #3 Exhibit Loeser Declaration, #4 Exhibit Olson Declaration, #5 Exhibit A - Hagens Berman Firm Resume, #6 Exhibit B - Hagens Berman Antitrust Case List, #7 Exhibit C - Intuit Transcript of Proceedings, #8 Exhibit D - Resolution on Diversity in Trial Court Appointments, #9 Exhibit E - Standards & Best Practices for Large & Mass-Tort MDLs, #10 Exhibit F - Keller Lenkner Firm Profile, #11 Exhibit G - Keller Rohrback Firm Resume, #12 Exhibit H - American Lawyer article, #13 Exhibit I - Wall St. Journal Article, #14 Exhibit J - Law360 Article, #15 Exhibit K - Law360 Article, #16 Exhibit L - Benchmark Litigation List, #17 Exhibit M - Law360 Article, #18 Exhibit N - Legal500 List, #19 Exhibit O - Chambers Research Entry, #20 Exhibit P - Law360 Article, #21 Exhibit Q - Lawdragon List, #22 Exhibit R - Legal500 List, #23 Exhibit S - Steig Olson Attorney Profile, #24 Exhibit T - Adam Wolfson Attorney Profile, #25 Exhibit U - Alicia Cobb Attorney Profile) Noting Date 7/16/2021, (Berman, Steve)
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Filing 17
NOTICE of Appearance by attorney MaryAnn T Almeida on behalf of Defendant Amazon.com Inc. (Almeida, MaryAnn)
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Filing 16
NOTICE of Appearance by attorney Stephen M Rummage on behalf of Defendant Amazon.com Inc. (Rummage, Stephen)
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Filing 15
ORDER granting the parties' #14 Stipulated MOTION for Consolidation, Filing of Consolidated Amended Complaint, and Schedule for Answer or Motion to Dismiss. Plaintiffs shall file a consolidated amended class action complaint within 30 days of entry of this order. Amazon shall file an answer or otherwise respond within 60 days after Plaintiffs file their consolidated amended class action complaint. If Amazon moves to dismiss and Plaintiffs do not amend a second time, Plaintiffs' opposition to any motion to dismiss shall be due 60 days after the deadline for Amazons motion to dismiss. Amazon shall have 45 days to file its reply brief. Signed by Judge Ricardo S. Martinez. (PM)
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Filing 14
Stipulated MOTION for Consolidation, Filing of Consolidated Amended Complaint, and Schedule for Answer or Motion to Dismiss, filed by Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos. Noting Date 6/18/2021, (Cobb, Alicia)
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Filing 13
AFFIDAVIT of Service of Summons and Complaint on Amazon.com, Inc. on 5/28/2021, filed by Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos. (Cobb, Alicia)
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Filing 12
Summons Electronically Issued as to defendant Amazon.com Inc. (RE)
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Filing 11
ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Nicolas Vernon Siebert for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, and Emma Zaballos, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 10
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David Du LeRay for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, and Emma Zaballos, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 9
ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Steig David Olson for Plaintiffs Elizabeth De Coster, Nemanja Krstic John Mariane, Osahon Ojeaga, and Emma Zaballos, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 8
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Adam Wolfson for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, and Emma Zaballos, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Judge Ricardo S. Martinez added. (RE)
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Filing 7
APPLICATION OF ATTORNEY David LeRay FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos (Fee Paid) Receipt No. AWAWDC-7100805 (Cobb, Alicia)
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Filing 6
APPLICATION OF ATTORNEY Nicolas Siebert FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos (Fee Paid) Receipt No. AWAWDC-7100804 (Cobb, Alicia)
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Filing 5
APPLICATION OF ATTORNEY Steig Olson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos (Fee Paid) Receipt No. AWAWDC-7100803 (Cobb, Alicia)
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Filing 4
APPLICATION OF ATTORNEY Adam Wolfson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos (Fee Paid) Receipt No. AWAWDC-7100801 (Cobb, Alicia)
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Filing 3
NOTICE of Pendency of Other Action in D.C. Superior Court ; filed by Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos. (Cobb, Alicia)
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Filing 2
NOTICE of Related Case(s) 20-cv-00424, by Plaintiffs Elizabeth De Coster, Nemanja Krstic, John Mariane, Osahon Ojeaga, Emma Zaballos. (Cobb, Alicia)
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Filing 1
COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-7100755) Attorney Alicia Cobb added to party Elizabeth De Coster(pty:pla), Attorney Alicia Cobb added to party Nemanja Krstic(pty:pla), Attorney Alicia Cobb added to party John Mariane(pty:pla), Attorney Alicia Cobb added to party Osahon Ojeaga(pty:pla), Attorney Alicia Cobb added to party Emma Zaballos(pty:pla), filed by Osahon Ojeaga, Elizabeth De Coster, John Mariane, Nemanja Krstic, Emma Zaballos. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Cobb, Alicia) Modified on 5/27/2021 to edit document title. (RE)
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