Popa v. PSP Group LLC et al
Plaintiff: Ashley Popa
Defendant: PSP Group LLC doing business as Pet Supplies Plus and Microsoft Corporation
Case Number: 2:2023cv00294
Filed: February 28, 2023
Court: US District Court for the Western District of Washington
Presiding Judge: James L Robart
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Filing 68 AMENDMENT to #46 Corporate/Diversity Disclosure Statement by Defendant PSP Group LLC (Devlin, John)
October 24, 2023 Opinion or Order Filing 67 ORDER: The Court GRANTS PSP's motion to dismiss this matter for lack of subject jurisdiction (Dkt. #54 ) and DISMISSES this action without prejudice and with leave to amend. Ms. Popa shall file her amended complaint, if any, by no later than 11/14/2023. The court DENIES Microsoft's motion to dismiss (Dkt. #55 ) as moot. Signed by Judge James L. Robart. (SS)
September 15, 2023 Filing 66 REPLY, filed by Defendant PSP Group LLC, TO RESPONSE to #54 MOTION to Dismiss for Failure to State a Claim (Devlin, John)
September 15, 2023 Filing 65 REPLY, filed by Defendant Microsoft Corporation, TO RESPONSE to #55 MOTION to Dismiss Microsoft Corporation's Motion to Dismiss First Amended Complaint (Menaldo, Nicola)
August 7, 2023 Filing 64 PRAECIPE re #62 Response to Motion to File Corrected Document by Plaintiff Ashley Popa (Attachments: #1 Exhibit Corrected Version of ECF No. 62)(Lynch, Gary)
August 4, 2023 Filing 63 RESPONSE, by Plaintiff Ashley Popa, to #55 MOTION to Dismiss Microsoft Corporation's Motion to Dismiss First Amended Complaint. Oral Argument Requested. (Lynch, Gary)
August 4, 2023 Filing 62 RESPONSE, by Plaintiff Ashley Popa, to #54 MOTION to Dismiss for Failure to State a Claim . Oral Argument Requested. (Lynch, Gary)
July 31, 2023 Opinion or Order Filing 61 ORDER: The parties agree that Plaintiff's opposition to both motions (ECF Nos. #54 , #55 ) shall be due on 8/4/2023. The parties further agree that Defendants' replies shall be due on 9/15/2023, and the motion noting date reset for 9/15/2023. Signed by Judge James L. Robart. (SS)
July 31, 2023 Filing 60 STIPULATION AND PROPOSED ORDER Regarding Motion to Dismiss Briefing Schedule by parties (Lynch, Gary)
July 21, 2023 Filing 59 NOTICE of Supplemental Authority re #54 MOTION to Dismiss for Failure to State a Claim by Defendant PSP Group LLC (Attachments: #1 Exhibit 1)(Devlin, John)
June 21, 2023 Opinion or Order Filing 58 STIPULATION AND ORDER Parties' #57 Stipulation. Plaintiffs' response to the Defendants' #54 , #55 Motions to Dismiss is now due by 7/31/2023. Defendants' replies are due by 9/8/2023. Signed by Judge James L. Robart. (LH)
June 21, 2023 Filing 57 STIPULATION AND PROPOSED ORDER Regarding Motion to Dismiss Briefing Schedule by parties (Lynch, Gary)
June 7, 2023 Filing 56 PROPOSED ORDER (Unsigned) re #55 MOTION to Dismiss Microsoft Corporation's Motion to Dismiss First Amended Complaint (Snell, James)
June 6, 2023 Filing 55 MOTION to Dismiss Microsoft Corporation's Motion to Dismiss First Amended Complaint, filed by Defendant Microsoft Corporation. Oral Argument Requested. Noting Date 6/30/2023, (Snell, James)
June 6, 2023 Filing 54 Redacted MOTION to Dismiss for Failure to State a Claim , filed by Defendant PSP Group LLC. Oral Argument Requested. (Attachments: #1 Exhibits 1 and 2, #2 Proposed Order) Noting Date 6/30/2023, (Devlin, John) Modified title on 6/7/2023 (LH).
April 21, 2023 Filing 53 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 14. (Lynch, Gary)
April 14, 2023 Opinion or Order Filing 52 ORDER granting Parties' #51 Stipulated MOTION Regarding Initial Disclosures. It is hereby ordered that the deadline for the parties to exchange Initial Disclosures is extended to 4/24/2023. Signed by Judge James L. Robart. (SS)
April 13, 2023 Filing 51 Stipulated MOTION and Proposed Order Regarding Initial Disclosures, filed by Defendant Microsoft Corporation. Noting Date 4/13/2023, (Menaldo, Nicola)
March 30, 2023 Opinion or Order Filing 50 ORDER re Parties' #49 Stipulated MOTION to Extend or Clarify Defendants' Deadline to Respond to First Amended Complaint. The deadline for Defendants to respond to the First Amended Complaint is now 6/6/2023. Signed by Judge James L. Robart. (LH)
March 29, 2023 Filing 49 Stipulated MOTION and [Proposed] Order to Extend or Clarify Defendants' Deadline to Respond to First Amended Complaint, filed by Defendant Microsoft Corporation. Noting Date 3/29/2023, (Menaldo, Nicola)
March 20, 2023 Opinion or Order Filing 48 ORDER re #43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gerard M Stegmaier for Defendant PSP Group LLC 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)
March 17, 2023 Opinion or Order Filing 47 ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 4/21/2023, FRCP 26(f) Conference Deadline is 3/31/2023, Initial Disclosure Deadline is 4/14/2023. (AD)
March 15, 2023 Filing 46 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Franchise Group, Inc. for PSP Group LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by PSP Group LLC. (Devlin, John)
March 14, 2023 Opinion or Order Filing 45 ORDER re #44 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James L Rockney for Defendant PSP Group LLC 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)
March 14, 2023 Filing 44 APPLICATION OF ATTORNEY James L. Rockney FOR LEAVE TO APPEAR PRO HAC VICE for Defendant PSP Group LLC (Fee Paid) Receipt No. AWAWDC-7926131 (Devlin, John)
March 14, 2023 Filing 43 APPLICATION OF ATTORNEY Gerard M. Stegmaier FOR LEAVE TO APPEAR PRO HAC VICE for Defendant PSP Group LLC (Fee Paid) Receipt No. AWAWDC-7926117 (Devlin, John)
March 14, 2023 Filing 42 NOTICE of Appearance by attorney John S Devlin, III on behalf of Defendant PSP Group LLC. (Devlin, John)
March 8, 2023 Opinion or Order Filing 41 ORDER re #40 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James G Snell for Defendant Microsoft Corporation 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)
March 8, 2023 Filing 40 APPLICATION OF ATTORNEY James G. Snell FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Microsoft Corporation (Fee Paid) Receipt No. AWAWDC-7917908 (Menaldo, Nicola)
March 7, 2023 Attorney Anna Mouw Thompson added for Microsoft Corporation per #39 Notice of Appearance (LH)
March 7, 2023 Filing 39 NOTICE of Appearance by attorney Nicola Menaldo on behalf of Defendant Microsoft Corporation. (Menaldo, Nicola)
March 7, 2023 Opinion or Order Filing 38 ORDER re #37 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gary F Lynch for Plaintiff Ashley Popa 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)
March 6, 2023 Filing 37 APPLICATION OF ATTORNEY Gary F. Lynch FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Ashley Popa (Fee Paid) Receipt No. AWAWDC-7914037 (Stephens, Kim)
March 6, 2023 Filing 36 NOTICE of Appearance by attorney Kim D Stephens on behalf of Plaintiff Ashley Popa. (Stephens, Kim)
March 2, 2023 Filing 35 LETTER from Clerk to counsel re receipt of case from Western District of Pennsylvania, Pittsburgh and advising of WAWD case number and judge assignment. (RE)
March 2, 2023 Filing 34 Case transferred in from Western District of Pennsylvania (Pittsburgh), Case Number 2:22-cv-01357-NR. (RE)
March 2, 2023 Judge James L. Robart added. (RE)
February 27, 2023 Opinion or Order Filing 33 MEMORANDUM ORDER granting #20 Motion to Transfer Case. This case shall be TRANSFERRED forthwith to the United States District Court for the Western District of Washington. Upon transfer, the Clerk of Court shall mark this case as closed. Signed by Judge J. Nicholas Ranjan on 2/27/2023. (pak) [Transferred from pawd on 3/2/2023.]
February 24, 2023 Filing 32 Second NOTICE of Supplemental Authority by MICROSOFT CORPORATION re #20 Motion to Transfer Case (Attachments: #1 Exhibit A) (Snell, James) [Transferred from pawd on 3/2/2023.]
February 21, 2023 Filing 31 REPLY BRIEF re #20 Motion to Transfer Case filed by MICROSOFT CORPORATION. (Attachments: #1 Exhibit A - Declaration of James Snell) (Papianou, John) [Transferred from pawd on 3/2/2023.]
February 14, 2023 Opinion or Order Filing 30 ORDER granting #29 Motion for an Order Maintaining Briefing Schedule and Staying Response Deadlines to First Amended Complaint. The briefing schedule set at ECF 18 on Microsoft's pending #20 motion to transfer shall remain in effect. Defendants' responses to the #26 Amended Complaint shall be filed within 21 days of the resolution of the motion to transfer, to be specified in a future Order of Court. Signed by Judge J. Nicholas Ranjan on 12/14/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) [Transferred from pawd on 3/2/2023.]
February 14, 2023 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #29 Motion for Order Maintaining Briefing Schedule, Motion to Stay. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Stay Response Deadlines. This message is for informational purposes only. (jma) [Transferred from pawd on 3/2/2023.]
February 13, 2023 Filing 29 Consent MOTION for an Order Maintaining Briefing Schedule on Defendant Microsoft Corporation's Pending Transfer Motion and Staying Response Deadlines to First Amended Complaint by MICROSOFT CORPORATION. (Attachments: #1 Exhibit 1) (Papianou, John). Added MOTION to Stay Response Deadlines on 2/14/2023 (jma) Modified text on 2/14/2023. (pak) [Transferred from pawd on 3/2/2023.]
February 8, 2023 Opinion or Order Filing 28 ORDER granting #24 Motion for James G. Snell to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 2/8/2023. (pak) [Transferred from pawd on 3/2/2023.]
February 7, 2023 Update Answer Deadline: Answer due from MICROSOFT CORPORATION on 2/21/2023; PSP GROUP, LLC on 2/21/2023. (jma) [Transferred from pawd on 3/2/2023.]
February 7, 2023 Filing 27 BRIEF in Opposition re #20 Motion to Transfer Case filed by ASHLEY POPA. (Lynch, Gary) [Transferred from pawd on 3/2/2023.]
February 7, 2023 Filing 26 First AMENDED COMPLAINT against PSP GROUP, LLC D/B/A PET SUPPLIES PLUS and MICROSOFT CORPORATION, filed by ASHLEY POPA. (Lynch, Gary) [Transferred from pawd on 3/2/2023.]
February 7, 2023 Filing 25 RESPONSE to Motion re #20 MOTION to Transfer Case filed by PSP GROUP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rockney, James) [Transferred from pawd on 3/2/2023.]
January 25, 2023 Filing 24 MOTION for attorney James G. Snell to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7506428) by MICROSOFT CORPORATION. (Attachments: #1 Affidavit of James G. Snell In Support of Motion for Pro Hac Vice Admission, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Snell, James) [Transferred from pawd on 3/2/2023.]
January 21, 2023 Filing 23 NOTICE of Supplemental Authority by MICROSOFT CORPORATION re #20 Motion to Transfer Case (Attachments: #1 Exhibit Perkins v. Zillow Order) (Papianou, John) [Transferred from pawd on 3/2/2023.]
January 17, 2023 Opinion or Order Filing 22 ORDER re #20 Motion to Transfer Case. Plaintiff shall file her brief in response to the #20 motion on or before 2/7/2023; Defendant's reply brief due by 2/21/2023. Brief in response shall not exceed 15 pages in length; reply brief shall not exceed 10 pages in length. Signed by Judge J. Nicholas Ranjan on 1/17/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) [Transferred from pawd on 3/2/2023.]
January 13, 2023 Filing 21 BRIEF in Support re #20 Motion to Transfer Case filed by MICROSOFT CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B) (Papianou, John) [Transferred from pawd on 3/2/2023.]
January 13, 2023 Filing 20 MOTION to Transfer Case by MICROSOFT CORPORATION. (Attachments: #1 Proposed Order) (Papianou, John) [Transferred from pawd on 3/2/2023.]
January 13, 2023 Filing 19 Disclosure Statement identifying None as corporate parent or other affiliate, by MICROSOFT CORPORATION. (Papianou, John) [Transferred from pawd on 3/2/2023.]
January 9, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion for an Order Staging Briefing on Anticipated Motion to Transfer and Responses to Complaint. Microsoft shall file any motion to transfer on or before 1/13/2023. Defendants' responses to the #1 Complaint shall be filed within 21 days of the resolution of the motion to transfer, to be specified in a future Order of Court. Signed by Judge J. Nicholas Ranjan on 1/9/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) [Transferred from pawd on 3/2/2023.]
January 6, 2023 Filing 17 Consent MOTION Microsofts Consent Motion for an Order Staging Briefing on Its Anticipated Motion to Transfer and Responses to the Complaint by MICROSOFT CORPORATION. (Attachments: #1 Proposed Order) (Papianou, John) [Transferred from pawd on 3/2/2023.]
November 29, 2022 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time. MICROSOFT CORPORATION and PSP GROUP, LLC shall file their answer or other response to the #1 Complaint on or before 1/13/2023. Signed by Judge J. Nicholas Ranjan on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) [Transferred from pawd on 3/2/2023.]
November 28, 2022 Filing 15 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by MICROSOFT CORPORATION, PSP GROUP, LLC. (Attachments: #1 Proposed Order) (Papianou, John) [Transferred from pawd on 3/2/2023.]
October 20, 2022 Opinion or Order Filing 14 ORDER granting #13 Motion for Nicola Menaldo to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/20/2022. (pak) [Transferred from pawd on 3/2/2023.]
October 19, 2022 Filing 13 MOTION for attorney Nicola Menaldo to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7352595) by MICROSOFT CORPORATION. (Attachments: #1 Affidavit of Nicola Menaldo, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Menaldo, Nicola) [Transferred from pawd on 3/2/2023.]
October 17, 2022 Filing 12 Disclosure Statement identifying Wholly owned subsidiary of Franchise Group, Inc. as corporate parent or other affiliate, by PSP GROUP, LLC. (Rockney, James) [Transferred from pawd on 3/2/2023.]
October 14, 2022 Filing 11 Stipulation for Extension of Time to Answer by MICROSOFT CORPORATION Answer due from MICROSOFT CORPORATION. (Papianou, John) [Transferred from pawd on 3/2/2023.]
October 14, 2022 Filing 10 NOTICE of Appearance by John G. Papianou on behalf of MICROSOFT CORPORATION. (Papianou, John) [Transferred from pawd on 3/2/2023.]
October 13, 2022 Filing 9 Stipulation for Extension of Time to Answer by PSP GROUP, LLC Answer due from PSP GROUP, LLC on 12/2/2022. (Rockney, James) [Transferred from pawd on 3/2/2023.]
October 13, 2022 Filing 8 NOTICE of Appearance by James L. Rockney on behalf of PSP GROUP, LLC. (Rockney, James) [Transferred from pawd on 3/2/2023.]
October 12, 2022 Filing 7 NOTICE of Appearance by Nicholas Colella on behalf of ASHLEY POPA. (Colella, Nicholas) [Transferred from pawd on 3/2/2023.]
October 3, 2022 Judge J. Nicholas Ranjan added. (av) [Transferred from pawd on 3/2/2023.]
September 28, 2022 Filing 6 SUMMONS/Return of Service Returned Executed by ASHLEY POPA. MICROSOFT CORPORATION served on 9/26/2022, answer due 10/17/2022; PSP GROUP, LLC served on 9/27/2022, answer due 10/18/2022. (Lynch, Gary) [Transferred from pawd on 3/2/2023.]
September 26, 2022 Filing 5 Summons Issued as to MICROSOFT CORPORATION, PSP GROUP, LLC (Attachments: #1 Summons PSP Group, LLC) (jma) [Transferred from pawd on 3/2/2023.]
September 26, 2022 Opinion or Order Filing 4 TEXT ORDER OF RECUSAL. Pursuant to 28 U.S.C. section 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 9/26/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) [Transferred from pawd on 3/2/2023.]
September 23, 2022 Opinion or Order Filing 3 ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge Nora Barry Fischer no longer assigned to case. Signed by Judge Nora Barry Fischer on 9/23/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) [Transferred from pawd on 3/2/2023.]
September 23, 2022 Judge Arthur J. Schwab added. (av) [Transferred from pawd on 3/2/2023.]
September 22, 2022 Filing 1 COMPLAINT against MICROSOFT CORPORATION, PSP GROUP, LLC (Filing fee, including Administrative fee, $402, receipt number APAWDC-7309359), filed by ASHLEY POPA. (Attachments: #1 Civil Cover Sheet) (jma) [Transferred from pawd on 3/2/2023.]

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Search for this case: Popa v. PSP Group LLC et al
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Plaintiff: Ashley Popa
Represented By: Gary F Lynch
Represented By: PRO HAC VICE PENDING
Represented By: Nicholas Colella
Represented By: Kim D Stephens
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Defendant: PSP Group LLC doing business as Pet Supplies Plus
Represented By: James L. Rockney
Represented By: PRO HAC VICE PENDING
Represented By: John G Papianou
Represented By: Gerard M Stegmaier
Represented By: James L Rockney
Represented By: John S Devlin, III
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Defendant: Microsoft Corporation
Represented By: Nicola Menaldo
Represented By: James G Snell
Represented By: PRO HAC VICE PENDING
Represented By: John G Papianou
Represented By: Anna Mouw Thompson
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