Garrett v. Henning et al
| Stephanie Taylor, Robert Sean Taylor and Russell D Garrett |
| Hayley Henning, John Does 1-10, Morgan Rothschild, Morgan Henning and FranNet Global, LLC |
| 3:2018cv05863 |
| October 25, 2018 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
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| Deadline Set: The next Joint Status Report is due by 12/4/2020. (MGC) |
| Filing 56 JOINT STATUS REPORT signed by all parties. (Hineline, Curt) |
Filing 55
ORDER Denying Defendant's #45 Motion to Dismiss for Lack of Jurisdiction, Granting Defendant's Motion to Compel Arbitration, and Deny Defendant's Motion to Dismiss for Failure to State a Claim as Moot, signed by Judge Benjamin H. Settle. Litigation shall be stayed pending the conclusion of arbitration and the Clerk shall administratively close this case pending completion of arbitration. The parties shall file a joint status report no later than June 1, 2020. (GMR)
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| Filing 54 Supplemental DECLARATION of Hayley Henning filed by Defendant Hayley Henning re #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Exhibit A)(Poore, David) |
| Filing 53 REPLY, filed by Defendant Hayley Henning, TO RESPONSE to #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Proposed Order)(Poore, David) |
| Filing 52 DECLARATION of Phillip J. Haberthur filed by Plaintiff Russell D Garrett re #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Exhibit A)(Haberthur, Phillip) |
| Filing 51 DECLARATION of Sean Taylor filed by Plaintiff Russell D Garrett re #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Haberthur, Phillip) |
| Filing 50 DECLARATION of Stephanie Taylor filed by Plaintiff Russell D Garrett re #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Exhibit A)(Haberthur, Phillip) |
| Filing 49 RESPONSE, by Plaintiff Russell D Garrett, to #45 MOTION to Dismiss Party Hayley Henning. (Haberthur, Phillip) |
| Filing 48 NOTICE of Unavailability of counsel Anthony R Sterling for Defendant Morgan Henning from September 16 - October 2, 2019. (Sterling, Anthony) |
| Filing 47 DECLARATION of Hayley Henning filed by Defendant Hayley Henning re #45 MOTION to Dismiss Party Hayley Henning (Poore, David) |
| Filing 46 DECLARATION of David M. Poore filed by Defendant Hayley Henning re #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Exhibit A, #2 Exhibit B)(Poore, David) |
| Filing 45 MOTION to Dismiss Party Hayley Henning, filed by Defendant Hayley Henning. (Attachments: #1 Proposed Order) Noting Date 9/20/2019, (Poore, David) |
| Filing 44 AFFIDAVIT of Service of Summons and Complaint on Hayley Henning on 8/7/2019, filed by Plaintiff Russell D Garrett. (Haberthur, Phillip) |
| Filing 43 NOTICE of Voluntary Dismissal as to party(s) FranNet Global, LLC, filed by Plaintiff Russell D Garrett. (Haberthur, Phillip) |
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Filing 42
ORDER granting #27 Defendant's Motion to Compel Arbitration, signed by Judge Benjamin H. Settle. (ERA)
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| Filing 41 NOTICE of Appearance by attorney David M. Poore on behalf of Defendant Hayley Henning. (Poore, David) |
| Filing 40 Summons(es) Electronically Issued as to defendant(s) FranNet Global, LLC. (GMR) |
| Filing 39 PRAECIPE TO ISSUE SUMMONS re #33 Amended Complaint by Plaintiff Russell D Garrett (Haberthur, Phillip) |
| Filing 38 ANSWER to #33 Amended Complaint by Morgan Henning.(Hineline, Curt) |
| Filing 37 DECLARATION of Curt Roy Hineline re #36 Reply to Response to Motion by Defendant Morgan Henning (Attachments: #1 Exhibit A-E)(Hineline, Curt) |
| Filing 36 REPLY, filed by Defendant Morgan Henning, TO RESPONSE to #27 Second MOTION to Change Venue and Compel Arbitration (Hineline, Curt) |
| Filing 35 DECLARATION of Bradley W. Andersen filed by Plaintiff Russell D Garrett re #27 Second MOTION to Change Venue and Compel Arbitration (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Haberthur, Phillip) |
| Filing 34 RESPONSE, by Plaintiff Russell D Garrett, to #27 Second MOTION to Change Venue and Compel Arbitration. (Haberthur, Phillip) |
| Filing 33 AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Russell D Garrett. (Attachments: #1 Summons)(Haberthur, Phillip) |
| Filing 32 Summons(es) Electronically Issued as to defendant(s) Hayley Henning. (GMR) |
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Filing 31
ORDER granting #21 Motion for Leave to File Amended Complaint. Plaintiff is directed to e-file the Amended Complaint. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 30 CERTIFICATE re #27 Second MOTION to Change Venue and Compel Arbitration re Meet-and-Confer Requirements by Defendant Morgan Henning (Hineline, Curt) |
| Filing 29 NOTICE of Appearance by attorney Anthony R Sterling on behalf of Defendant Morgan Henning. (Sterling, Anthony) |
| Filing 28 DECLARATION of Curt Roy Hineline (Second) ISO Renewed Motion to Compel Arbitration filed by Defendant Morgan Henning re #27 Second MOTION to Change Venue and Compel Arbitration (Attachments: #1 Exhibit)(Hineline, Curt) |
| Filing 27 Second MOTION to Change Venue and Compel Arbitration Oral Argument Requested. (Attachments: #1 Proposed Order Compelling Arbitration, #2 Proposed Order Staying Proceedings Pending Resolution of the Renewed Motion to Compel Arbitration) Noting Date 6/7/2019, (Hineline, Curt) |
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Filing 26
MINUTE ORDER DENYING #23 Stipulated MOTION to Stay Litigation Pending Resolution of Defendant Morgan Rothschild's Motion to Dismiss as moot per #25 Order on Motion to Dismiss; entered as directed by Judge Benjamin H. Settle. (SP)
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Filing 25
ORDER denying Defendant Morgan Rothschild's #7 Motion to Dismiss or to Compel Arbitration; signed by Judge Benjamin H. Settle. Rothschild makes three arguments related to preclusion, which the Court will not consider on the instant motion to dismiss. The Court will address Rothschild's motion in the alternative that the Court compel the Taylors' claims to arbitration and stay the action. In sum, Rothschild has failed to meet his burden to establish that the Court should compel arbitration, and the Court denies his motion on this issue without prejudice. (SP)
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| Filing 24 PRAECIPE FOR A SUMMONS LETTER from Phillip J. Haberthur regarding Issue of Summons on Morgan Rothschild filed by Russell D Garrett (Attachments: #1 Summons)(Haberthur, Phillip) Modified on 5/30/2019 (GMR). |
| Filing 23 Stipulated MOTION to Stay Litigation Pending Resolution of Defendant Morgan Rothschild's Motion to Dismiss and Plaintiffs' Motion to File Amended Complaint, filed by Defendants Hayley Henning, Morgan Henning. (Attachments: #1 Proposed Order) Noting Date 4/25/2019, (Hineline, Curt) |
| Filing 22 RESPONSE, by Defendant Morgan Henning, to #21 MOTION for Leave to File Amended Complaint. (Hineline, Curt) |
| Filing 21 MOTION for Leave to File Amended Complaint, filed by Plaintiffs Russell D Garrett, Robert Sean Taylor, Stephanie Taylor. (Attachments: #1 Exhibit A, #2 Proposed Order) Noting Date 4/5/2019, (Haberthur, Phillip) |
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Filing 20
MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES - *FIVE DAY* Jury Trial is set for 1/7/2020 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 3/18/2019, Amended Pleadings due by 3/28/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/1/2019, Rebuttal Expert Disclosure/Reports due by 7/31/2019, Motions due by 8/12/2019, Discovery completed by 9/9/2019, Dispositive motions due by 10/9/2019, Motions in Limine due by 12/2/2019, Pretrial Order due by 12/16/2019, Voir dire/jury instructions/trial briefs due by 12/17/2019, Agreed Neutral Statement of the Case due by 12/17/2019, Deposition Designations due by 12/17/2019, Pretrial Conference set for 12/23/2019 at 11:00 AM in Courtroom E. Signed by Judge Benjamin H. Settle. (MGC)
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Filing 19
ORDER granting #15 Motion to Substitute Plaintiffs; Chapter 7 Trustee Russell D. Garrett added. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 18 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Haberthur, Phillip) |
| Filing 17 DECLARATION of Curt Roy Hineline re #16 Reply to Response to Motion by Defendant Morgan Henning (Attachments: #1 Exhibit A-E)(Hineline, Curt) |
| Filing 16 REPLY, filed by Defendant Morgan Henning, TO RESPONSE to #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action (Hineline, Curt) |
| Filing 15 MOTION to Substitute Plaintiffs, filed by Plaintiffs Robert Sean Taylor, Stephanie Taylor. (Attachments: #1 Proposed Order) Noting Date 2/8/2019, (Haberthur, Phillip) |
| Filing 14 PRAECIPE to attach document corrected Exhibit A re #13 Declaration, #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action by Plaintiffs Robert Sean Taylor, Stephanie Taylor (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberthur, Phillip) |
| Filing 13 DECLARATION of Douglas Smith filed by Plaintiffs Robert Sean Taylor, Stephanie Taylor re #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action (Attachments: #1 SEALED Exhibit A, #2 Exhibit B)(Haberthur, Phillip) Modified on 1/14/2019- Exhibit A contains information that was not fully redacted; corrected document to be re-filed (GMR). |
| Filing 12 RESPONSE, by Plaintiffs Robert Sean Taylor, Stephanie Taylor, to #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action. (Haberthur, Phillip) |
| NOTICE of Docket Text Modification re SEALED Exhibit A to the #13 Declaration; Exhibit contains information that was not fully redacted; corrected document to be re-filed. (GMR) |
| Per parties filing of #11 Joint Status Report, the stay is lifted and the #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action is reopened and re-noted for 1/25/2019. (GMR) |
| Filing 11 JOINT STATUS REPORT signed by all parties (Rootjes, Claire) |
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Filing 10
ORDER STAYING CASE: Joint Status Report due by 1/7/2019. Signed by Judge Benjamin H. Settle. (MGC)
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| ***Motion terminated per #10 Order Staying Case: #7 MOTION to Dismiss filed by Morgan Henning. (MGC) |
| Filing 9 Stipulated MOTION and Proposed Order to Stay Action, filed by Defendant Morgan Henning. Noting Date 12/7/2018, (Hineline, Curt) |
| Filing 8 DECLARATION of MORGAN ROTHSCHILD filed by Defendant Morgan Henning re #7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action (Attachments: #1 Exhibit A-G)(Hineline, Curt) |
| Filing 7 MOTION to Dismiss With Prejudice Under Rules 12(B)(2) & (6), Or In The Alternative, Motion To Compel Arbitration And Stay Action, filed by Defendant Morgan Henning. (Attachments: #1 Proposed Order) Noting Date 12/14/2018, (Hineline, Curt) |
| Filing 6 DEMAND for JURY TRIAL by Defendant Morgan Henning (Hineline, Curt) |
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Filing 5
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT: Joint Status Report due by 1/28/2019, FRCP 26f Conference Deadline is 1/14/2019, Initial Disclosure Deadline is 1/22/2019. Signed by Judge Benjamin H. Settle. (MGC)
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| Filing 4 LETTER from Clerk to counsel re receipt of case from Clark County Superior Court and advising of WAWD case number and judge assignment. (GMR) |
| Judge Benjamin H. Settle added. (GMR) |
| Filing 3 VERIFICATION OF STATE COURT RECORD Declaration of Carolyn Robbs Bilanko re #1 Notice of Removal by Defendant Morgan Henning a/k/a Morgan Rothschild (Hineline, Curt) Modified on 10/26/2018 (GMR). |
| Filing 2 DECLARATION of Morgan Rothschild re #1 Notice of Removal by Defendant Morgan Rothschild (Hineline, Curt) |
| Filing 1 NOTICE OF REMOVAL from Clark County Superior Court, case number 18-2-05536-2; (Receipt # 0981-5521143), filed by Morgan Henning a/k/a Morgan Rothschild. (Attachments: #1 Complaint Attachment A, #2 Civil Cover Sheet)(Hineline, Curt) Modified on 10/26/2018 (GMR). |
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