Garrett v. Henning et al
Plaintiff: Stephanie Taylor, Robert Sean Taylor and Russell D Garrett
Defendant: Hayley Henning, John Does 1-10, Morgan Rothschild, Morgan Henning and FranNet Global, LLC
Case Number: 3:2018cv05863
Filed: October 25, 2018
Court: US District Court for the Western District of Washington
Presiding Judge: Benjamin H Settle
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2020 Deadline Set: The next Joint Status Report is due by 12/4/2020. (MGC)
June 1, 2020 Filing 56 JOINT STATUS REPORT signed by all parties. (Hineline, Curt)
November 6, 2019 Opinion or Order 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)
September 20, 2019 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)
September 20, 2019 Filing 53 REPLY, filed by Defendant Hayley Henning, TO RESPONSE to #45 MOTION to Dismiss Party Hayley Henning (Attachments: #1 Proposed Order)(Poore, David)
September 16, 2019 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)
September 16, 2019 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)
September 16, 2019 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)
September 16, 2019 Filing 49 RESPONSE, by Plaintiff Russell D Garrett, to #45 MOTION to Dismiss Party Hayley Henning. (Haberthur, Phillip)
August 29, 2019 Filing 48 NOTICE of Unavailability of counsel Anthony R Sterling for Defendant Morgan Henning from September 16 - October 2, 2019. (Sterling, Anthony)
August 28, 2019 Filing 47 DECLARATION of Hayley Henning filed by Defendant Hayley Henning re #45 MOTION to Dismiss Party Hayley Henning (Poore, David)
August 28, 2019 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)
August 28, 2019 Filing 45 MOTION to Dismiss Party Hayley Henning, filed by Defendant Hayley Henning. (Attachments: #1 Proposed Order) Noting Date 9/20/2019, (Poore, David)
August 15, 2019 Filing 44 AFFIDAVIT of Service of Summons and Complaint on Hayley Henning on 8/7/2019, filed by Plaintiff Russell D Garrett. (Haberthur, Phillip)
July 29, 2019 Filing 43 NOTICE of Voluntary Dismissal as to party(s) FranNet Global, LLC, filed by Plaintiff Russell D Garrett. (Haberthur, Phillip)
July 12, 2019 Opinion or Order Filing 42 ORDER granting #27 Defendant's Motion to Compel Arbitration, signed by Judge Benjamin H. Settle. (ERA)
June 24, 2019 Filing 41 NOTICE of Appearance by attorney David M. Poore on behalf of Defendant Hayley Henning. (Poore, David)
June 21, 2019 Filing 40 Summons(es) Electronically Issued as to defendant(s) FranNet Global, LLC. (GMR)
June 17, 2019 Filing 39 PRAECIPE TO ISSUE SUMMONS re #33 Amended Complaint by Plaintiff Russell D Garrett (Haberthur, Phillip)
June 13, 2019 Filing 38 ANSWER to #33 Amended Complaint by Morgan Henning.(Hineline, Curt)
June 7, 2019 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)
June 7, 2019 Filing 36 REPLY, filed by Defendant Morgan Henning, TO RESPONSE to #27 Second MOTION to Change Venue and Compel Arbitration (Hineline, Curt)
May 31, 2019 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)
May 31, 2019 Filing 34 RESPONSE, by Plaintiff Russell D Garrett, to #27 Second MOTION to Change Venue and Compel Arbitration. (Haberthur, Phillip)
May 30, 2019 Filing 33 AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Russell D Garrett. (Attachments: #1 Summons)(Haberthur, Phillip)
May 30, 2019 Filing 32 Summons(es) Electronically Issued as to defendant(s) Hayley Henning. (GMR)
May 23, 2019 Opinion or Order 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)
May 20, 2019 Filing 30 CERTIFICATE re #27 Second MOTION to Change Venue and Compel Arbitration re Meet-and-Confer Requirements by Defendant Morgan Henning (Hineline, Curt)
May 20, 2019 Filing 29 NOTICE of Appearance by attorney Anthony R Sterling on behalf of Defendant Morgan Henning. (Sterling, Anthony)
May 16, 2019 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)
May 16, 2019 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)
May 2, 2019 Opinion or Order 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)
May 2, 2019 Opinion or Order 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)
April 30, 2019 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).
April 25, 2019 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)
April 1, 2019 Filing 22 RESPONSE, by Defendant Morgan Henning, to #21 MOTION for Leave to File Amended Complaint. (Hineline, Curt)
March 18, 2019 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)
February 15, 2019 Opinion or Order 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)
February 14, 2019 Opinion or Order Filing 19 ORDER granting #15 Motion to Substitute Plaintiffs; Chapter 7 Trustee Russell D. Garrett added. Signed by Judge Benjamin H. Settle. (MGC)
February 8, 2019 Filing 18 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Haberthur, Phillip)
January 25, 2019 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)
January 25, 2019 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)
January 18, 2019 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)
January 14, 2019 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)
January 14, 2019 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).
January 14, 2019 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)
January 14, 2019 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)
January 8, 2019 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)
January 7, 2019 Filing 11 JOINT STATUS REPORT signed by all parties (Rootjes, Claire)
December 11, 2018 Opinion or Order Filing 10 ORDER STAYING CASE: Joint Status Report due by 1/7/2019. Signed by Judge Benjamin H. Settle. (MGC)
December 11, 2018 ***Motion terminated per #10 Order Staying Case: #7 MOTION to Dismiss filed by Morgan Henning. (MGC)
December 7, 2018 Filing 9 Stipulated MOTION and Proposed Order to Stay Action, filed by Defendant Morgan Henning. Noting Date 12/7/2018, (Hineline, Curt)
November 16, 2018 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)
November 16, 2018 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)
November 8, 2018 Filing 6 DEMAND for JURY TRIAL by Defendant Morgan Henning (Hineline, Curt)
October 30, 2018 Opinion or Order 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)
October 26, 2018 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)
October 26, 2018 Judge Benjamin H. Settle added. (GMR)
October 25, 2018 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).
October 25, 2018 Filing 2 DECLARATION of Morgan Rothschild re #1 Notice of Removal by Defendant Morgan Rothschild (Hineline, Curt)
October 25, 2018 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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Search for this case: Garrett v. Henning et al
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Defendant: Hayley Henning
Represented By: David M. Poore
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Defendant: John Does 1-10
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Defendant: Morgan Rothschild
Represented By: Curt Roy Hineline
Represented By: Carolyn Robbs Bilanko
Represented By: Anthony R Sterling
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Defendant: Morgan Henning
Represented By: Curt Roy Hineline
Represented By: Carolyn Robbs Bilanko
Represented By: Anthony R Sterling
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Defendant: FranNet Global, LLC
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Plaintiff: Stephanie Taylor
Represented By: Phillip J. Haberthur
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Plaintiff: Robert Sean Taylor
Represented By: Phillip J. Haberthur
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Plaintiff: Russell D Garrett
Represented By: Phillip J. Haberthur
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