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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:20-cv-01385-CJC-KES
CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:20-cv-01385-CJC-KES
Benjamin Karter v. Epiq Systems, Inc.
DOCKET INFORMATION
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| Plaintiff |
Benjamin Karter individually and on behalf of all others similarly situatedPlaintiff
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| Representation | |||
| Aaron D. Aftergood The Aftergood Law Firm 1880 Century Park East Suite 200 Los Angeles, CA 90067 (310) 551-5221 Fax: (310) 496-2840 aaron@aftergoodesq.com ATTORNEY TO BE NOTICED | Patrick H. Peluso Woodrow and Peluso LLC 3900 East Mexico Avenue Suite 300 Denver, CO 80210 (720) 213-0676 Fax: (303) 927-0809 ppeluso@woodrowpeluso.com PRO HAC VICE ATTORNEY TO BE NOTICED | Steven L. Woodrow Woodrow and Peluso LLC 3900 East Mexico Avenue Suite 300 Denver, CO 80210 (720) 213-0675 Fax: (303) 927-0809 swoodrow@woodrowpeluso.com PRO HAC VICE ATTORNEY TO BE NOTICED | |
| Defendant |
Epiq Systems, Inc. a Missouri coporationDefendant
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| Representation | |||
| Jean P Nogues Mitchell Silberberg and Knupp LLP 2049 Century Park East 18th Floor Los Angeles, CA 90067 (310) 312-3152 Fax: (310) 312-3100 jpn@msk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Andrew Culp Spitser Mitchell Silberberg and Knupp LLP 2049 Century Park East 18th Floor Los Angeles, CA 90067 (310) 312-2000 Fax: (310) 312-3100 acs@msk.com ATTORNEY TO BE NOTICED | Christopher Wilds Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 Fax: (212) 336-2222 cwilds@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED | |
| Jeffrey C. Skinner Patter Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2686 Fax: (212) 336-2222 jskinner@pbwt.com TERMINATED: 02/28/2022 PRO HAC VICE | Kade N. Olsen Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2493 Fax: (212) 336-2222 kolsen@pbwt.com TERMINATED: 02/03/2021 PRO HAC VICE | Michael F. Buchanan Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 Fax: (212) 336-2222 mfbuchanan@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED | |
| Michael Sochynsky Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 Fax: (212) 336-2222 msochynsky@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED | Peter A. Nelson Patterson Belknap Webb and Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 Fax: (212) 336-2222 pnelson@pbwt.com PRO HAC VICE ATTORNEY TO BE NOTICED | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Jul 29, 2020 | View | NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2020-01145269 Receipt No: ACACDC-27413489 - Fee: $400, filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Exhibit Exhibit A to Notice of Removal, # 2 Exhibit Exhibit B to Notice of Removal) (Attorney Jean P Nogues added to party Epiq Systems, Inc.(pty:dft))(Nogues, Jean) (Entered: 07/29/2020) |
| 2 | Jul 29, 2020 | View | CIVIL COVER SHEET filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 07/29/2020) |
| 3 | Jul 29, 2020 | Request | NOTICE of Interested Parties filed by Defendant Epiq Systems, Inc., (Nogues, Jean) (Entered: 07/29/2020) |
| 4 | Jul 29, 2020 | View | DECLARATION of Michael O'Connor re Notice of Removal (Attorney Civil Case Opening), 1 filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 07/29/2020) |
| Jul 29, 2020 | CONFORMED COPY OF COMPLAINT against Defendant Epiq Systems, Inc. Jury Demanded, filed by Plaintiff Benjamin Karter. Filed in State Court on 5/26/2020 Submitted with Attachment 2 Exhibit B to Notice of Removal 1 (car) Modified on 7/31/2020 (car). (Entered: 07/31/2020) | ||
| Jul 29, 2020 | CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Benjamin Karter, upon Defendant Epiq Systems, Inc. served on 6/30/2020, answer due 7/21/2020. Service of the Summons and Complaint were executed upon Chris Matulich, Cogency global Inc., Agent for Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 7/9/2020 Submitted with Attachment 1 Exhibit A to Notice of Removal 1 (car) (Entered: 07/31/2020) | ||
| 5 | Jul 30, 2020 | Request | NOTICE Compliance RE Removal filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 07/30/2020) |
| 6 | Jul 30, 2020 | Request | NOTICE of Appearance filed by attorney Aaron D Aftergood on behalf of Plaintiff Benjamin Karter (Attorney Aaron D Aftergood added to party Benjamin Karter(pty:pla))(Aftergood, Aaron) (Entered: 07/30/2020) |
| 7 | Jul 30, 2020 | View | STIPULATION Extending Time to Answer the complaint as to filed by Defendant Epiq Systems, Inc..(Nogues, Jean) (Entered: 07/30/2020) |
| 8 | Jul 31, 2020 | Request | NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (car) (Entered: 07/31/2020) |
| 9 | Jul 31, 2020 | Request | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 07/31/2020) |
| 10 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patrick H Peluso. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 11 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven L Woodrow. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 12 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher Wilds. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 13 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kade N Olsen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 14 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael F Buchanan. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 15 | Jul 31, 2020 | Request | NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Peter A Nelson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 07/31/2020) |
| 16 | Aug 5, 2020 | Request | APPLICATION of Non-Resident Attorney Christopher Wilds to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499288) filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order) (Nogues, Jean) (Entered: 08/05/2020) |
| 17 | Aug 5, 2020 | View | APPLICATION of Non-Resident Attorney Kade N. Olsen to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499363) filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order) (Nogues, Jean) (Entered: 08/05/2020) |
| 18 | Aug 5, 2020 | Request | APPLICATION of Non-Resident Attorney Peter A. Nelson to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499410) filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order) (Nogues, Jean) (Entered: 08/05/2020) |
| 19 | Aug 5, 2020 | Request | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Peter A. Nelson to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499410) 18 , APPLICATION of Non-Resident Attorney Christopher Wilds to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499288) 16 . The following error(s) was/were found: Case number is incorrect, DJ and MJ initial missing on proposed order. Case number should read 8:20-CV 01385 CJC (KES) (Thrasher, Lupe) (Entered: 08/05/2020) |
| 20 | Aug 5, 2020 | Request | NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kade N. Olsen to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499363) 17 . The following error(s) was/were found: Case number is incorrect, DJ and MJ initial missing on application and proposed order. Case number should read 8:20-CV 01385 CJC (KES) (Thrasher, Lupe) (Entered: 08/05/2020) |
| 21 | Aug 6, 2020 | Request | APPLICATION of Non-Resident Attorney Michael F. Buchanan to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27521848) filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order) (Nogues, Jean) (Entered: 08/06/2020) |
| 22 | Aug 10, 2020 | Request | APPLICATION of Non-Resident Attorney Patrick H. Peluso to Appear Pro Hac Vice on behalf of Plaintiff Benjamin Karter (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27560709) filed by Plaintiff Benjamin Karter. (Attachments: # 1 Proposed Order) (Aftergood, Aaron) (Entered: 08/10/2020) |
| 23 | Aug 10, 2020 | Request | APPLICATION of Non-Resident Attorney Steven L. Woodrow to Appear Pro Hac Vice on behalf of Plaintiff Benjamin Karter (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27560770) filed by Plaintiff Benjamin Karter. (Attachments: # 1 Proposed Order) (Aftergood, Aaron) (Entered: 08/10/2020) |
| 24 | Aug 10, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Christopher Wilds to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc, designating Jean Nogues as local counsel 16 . (iv) (Entered: 08/10/2020) |
| 25 | Aug 10, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Kade N. Olsen to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc, designating Jean Nogues as local counsel 17 . (iv) (Entered: 08/10/2020) |
| 26 | Aug 10, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Peter A. Nelson to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc, designating Jean Nogues as local counsel 18 . (iv) (Entered: 08/10/2020) |
| 27 | Aug 10, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Michael F. Buchanan to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc, designating Jean Nogues as local counsel 21 . (iv) (Entered: 08/10/2020) |
| 28 | Aug 12, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Patrick Peluso to Appear Pro Hac Vice on behalf of Plaintiff Benjamin Karter, designating Aaron D. Aftergood as local counsel 22 . (iv) (Entered: 08/13/2020) |
| 29 | Aug 13, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting 23 Non-Resident Attorney Steven L. Woodrow APPLICATION to Appear Pro Hac Vice on behalf of Benjamin Karter Plaintiff, designating Aaron D. Aftergood as local counsel. (twdb) (Entered: 08/14/2020) |
| 30 | Aug 18, 2020 | Request | SUPPLEMENT to APPLICATION of Non-Resident Attorney Peter A. Nelson to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499410) 18 Updated Certificate of Good Standing of Peter A. Nelson in Support of Application to Appear Pro Hac Vice filed by Defendant Epiq Systems, Inc.. (Nelson, Peter) (Entered: 08/18/2020) |
| 31 | Aug 18, 2020 | Request | SUPPLEMENT to APPLICATION of Non-Resident Attorney Christopher Wilds to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27499288) 16 Updated Certificate of Good Standing of Christopher Wilds in Support of Application to Appear Pro Hac Vice filed by Defendant Epiq Systems, Inc.. (Wilds, Christopher) (Entered: 08/18/2020) |
| 32 | Aug 21, 2020 | Request | SUPPLEMENT to APPLICATION of Non-Resident Attorney Michael F. Buchanan to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27521848) 21 Updated Certificate of Good Standing of Michael F. Buchanan in Support of Application to Appear Pro Hac Vice filed by Defendant Epiq Systems, Inc.. (Buchanan, Michael) (Entered: 08/21/2020) |
| 33 | Sep 2, 2020 | Request | APPLICATION of Non-Resident Attorney Jeffrey C. Skinner to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-27898338) filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order) (Nogues, Jean) (Entered: 09/02/2020) |
| 34 | Sep 2, 2020 | Request | ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Jeffrey C. Skinner to Appear Pro Hac Vice on behalf of Defendant Epiq Systems, Inc, designating Jean P. Nogues as local counsel 33 . (iv) (Entered: 09/04/2020) |
| 35 | Sep 4, 2020 | View | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendadnt Epiq Systems, Inc.. Motion set for hearing on 10/5/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Declaration of Michael O'Connor In Support of Motion, # 3 Exhibit to Declaration of Michael O'Connor, # 4 Proposed Order) (Nogues, Jean) (Entered: 09/04/2020) |
| 36 | Sep 9, 2020 | Request | STIPULATION to Continue Hearing on Motion to Dismiss from October 5, 2020 to November 9, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Case 35 filed by Plaintiff Benjamin Karter. (Attachments: # 1 Proposed Order)(Peluso, Patrick) (Entered: 09/09/2020) |
| 37 | Sep 9, 2020 | Request | ORDER RE STIPULATION 36 CONTINUING HEARING ON MOTION TO DISMISS 35 by Judge Cormac J. Carney: The hearing on Defendants Notice of Motion and Motion to Dismiss is continued from October 5, 2020 to November 9, 2020 at 1:30 PM. Plaintiff's time to file and serve its opposition brief is extended up to and including October 19, 2020. Defendant's time to file and serve its reply brief is extended up to and including October 26, 2020. (lc) (Entered: 09/09/2020) |
| 38 | Sep 17, 2020 | Request | NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on December 7, 2020. (cw) (Entered: 09/17/2020) |
| 39 | Oct 19, 2020 | View | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 35 filed by Plaintiff Benjamin Karter. (Peluso, Patrick) (Entered: 10/19/2020) |
| 40 | Oct 23, 2020 | Request | STIPULATION to Continue Hearing on Motion to Dismiss from November 9, 2020 to November 16, 2020 Re: NOTICE OF MOTION AND MOTION to Dismiss Case 35 filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Declaration of Michael Buchanan In Support of Stipulation and Request to Continue Hearing on Motion to Dismiss and Related Briefing Schedule, # 2 Proposed Order)(Nogues, Jean) (Entered: 10/23/2020) |
| 41 | Oct 26, 2020 | Request | ORDER by Judge Cormac J. Carney. The Stipulation to Continue Hearing on Motion to Dismiss 40 is APPROVED and SO ORDERED; the hearing on Defendant's Motion to Dismiss 35 is continued to November 16, 2020 at 1:30 p.m. *See Order for briefing deadlines.* (cw) (Entered: 10/26/2020) |
| 42 | Nov 2, 2020 | View | REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case 35 filed by Defendant Epiq Systems, Inc.. (Buchanan, Michael) (Entered: 11/02/2020) |
| 43 | Nov 9, 2020 | View | ORDER DENYING WITHOUT PREJUDICE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT 35 AND PERMITTING JURISDICTIONAL DISCOVERY by Judge Cormac J. Carney. Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE. Plaintiff shall have until January 25, 2021 to conduct jurisdictional discovery. If Plaintiff decides to amend his complaint, he must do so by February 8, 2021. If Plaintiff decides not to amend his complaint, or fails to do so by the February 8, 2021 deadline, Defendant shall have until February 22, 2021 to respond to Plaintiff's complaint. (iv) (Entered: 11/12/2020) |
| 44 | Nov 20, 2020 | View | STATUS REPORT (Joint) filed by Plaintiff Benjamin Karter. (Peluso, Patrick) (Entered: 11/20/2020) |
| 45 | Nov 20, 2020 | Request | (IN CHAMBERS) ORDER by Judge Cormac J. Carney. In light of the parties' request contained within their Joint Statement 44 , the Court CONTINUES the date it intends to issue its Scheduling order to March 15, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 11/20/2020) |
| 46 | Jan 7, 2021 | View | STIPULATION to Continue Deadline to complete jurisdictional discovery from January 25, 2021 to February 19, 2021 Re: Order on Motion to Dismiss Case,, 43 filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order Joint Stipulation And Request For Order To Extend Deadlines For Jurisdictional Discovery)(Nogues, Jean) (Entered: 01/07/2021) |
| 47 | Jan 8, 2021 | Request | ORDER by Judge Cormac J. Carney, Granting Stipulation to Continue Deadlines for Jurisdictional Discovery (Dkt. 46 ). February 19, 2021 Deadline to complete jurisdictional discovery; March 5, 2021 Deadline to amend complaint if Plaintiff so chooses; March 19, 2021 Deadline for Defendant to respond to complaint; The Court CONTINUES the date it intends to issue its Scheduling order to March 25, 2021. (twdb) (Entered: 01/08/2021) |
| 48 | Feb 3, 2021 | Request | Notice of Appearance or Withdrawal of Counsel: for attorney Jean P Nogues counsel for Defendant Epiq Systems, Inc.. Kade N. Olsen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 02/03/2021) |
| 49 | Mar 10, 2021 | View | First AMENDED COMPLAINT against Defendants Epiq Systems, Inc., Epiq Class Action & Claims Solutions Inc. amending Complaint - (Discovery), filed by Plaintiff Benjamin Karter(Peluso, Patrick) (Entered: 03/10/2021) |
| 50 | Mar 11, 2021 | Request | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition 49 . The following error(s) was/were found: Leave of court required for filing. Other error(s) with document(s): An order was filed 1/8/21 granting a 3/5/21 deadline to amend complaint. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 03/11/2021) |
| 51 | Mar 12, 2021 | Request | Joint STIPULATION Extending Time to Answer the complaint as to Epiq Systems, Inc. answer now due 3/26/2021, re Amended Complaint/Petition 49 filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order)(Nogues, Jean) (Entered: 03/12/2021) |
| 52 | Mar 12, 2021 | Request | RESPONSE BY THE COURT TO CLERK'S NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: FIRST AMENDED COMPLAINT 49 by Judge Cormac J. Carney. The document is accepted as filed. *Counsel must timely comply with deadlines going forward.* (cw) (Entered: 03/12/2021) |
| 53 | Mar 12, 2021 | Request | ORDER by Judge Cormac J. Carney, Granting Stipulation Extending Time to Answer First Amended Complaint 51 . Extended to March 26, 2021. The Court CONTINUES the date it intends to issue its Scheduling Order to April 1, 2021. (twdb) (Entered: 03/16/2021) |
| 54 | Mar 25, 2021 | Request | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 -10, filed by Defendant Epiq Systems, Inc... (Nogues, Jean) (Entered: 03/25/2021) |
| 55 | Mar 26, 2021 | View | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc.. Motion set for hearing on 4/19/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Attorney Jean P Nogues added to party Epiq Class Action & Claims Solutions Inc.(pty:dft)) (Nogues, Jean) (Entered: 03/26/2021) |
| 56 | Mar 26, 2021 | Request | (IN CHAMBERS) ORDER CONTINUING HEARING DATE ON MOTION by Judge Cormac J. Carney. Defense counsel having failed to comply with the notice requirement regarding their Motion to Dismiss the Amended Complaint 55 (see L.R. 6-1), the Court on its own motion, CONTINUES the hearing from 4/19/2021 to 4/26/2021 at 1:30 PM. *Counsel must comply with the Local Rules in future filings or the submission may be stricken.* THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 03/26/2021) |
| 57 | Apr 5, 2021 | Request | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 55 filed by Plaintiff Benjamin Karter. (Peluso, Patrick) (Entered: 04/05/2021) |
| 58 | Apr 12, 2021 | View | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 55 filed by Defendants Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc.. (Nogues, Jean) (Entered: 04/12/2021) |
| 59 | Apr 19, 2021 | View | ORDER by Judge Cormac J. Carney: Granting Defendants' MOTION to Dismiss Plaintiff's First Amended Complaint (Dkt. 55 ). Accordingly, Defendants motion to dismiss is GRANTED and Plaintiffs FAC is DISMISSED WITH FOURTEEN DAYS LEAVE TO AMEND. (twdb) (Entered: 04/19/2021) |
| 60 | May 3, 2021 | View | SECOND AMENDED COMPLAINT against Defendants Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc. amending Amended Complaint/Petition 49 , filed by Plaintiff Benjamin Karter(Peluso, Patrick) (Entered: 05/03/2021) |
| 61 | May 7, 2021 | Request | Joint STIPULATION Extending Time to Answer the complaint as to Epiq Systems, Inc. answer now due 6/1/2021, re Amended Complaint/Petition 60 filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order)(Nogues, Jean) (Entered: 05/07/2021) |
| 62 | May 11, 2021 | Request | ORDER CONTINUING DEFENDANTS' DEADLINE TO RESPOND TO THE SECOND AMENDED COMPLAINT TO JUNE 1, 2021 61 by Judge Cormac J. Carney (lc) (Entered: 05/11/2021) |
| 63 | Jun 1, 2021 | View | NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants Epiq Systems, Inc.. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum of Points and Authorities In Support of Defendants' Motion to Dismiss the Second Amended Complaint, # 2 Declaration of Michael F. Buchanan In Support of Motion to Dismiss the Second Amended Complaint, # 3 Proposed Order Granting Defendants' Motion to Dismiss the Second Amended Complaint) (Nogues, Jean) (Entered: 06/01/2021) |
| 64 | Jun 2, 2021 | Request | NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on August 19, 2021. (rrp) (Entered: 06/02/2021) |
| 65 | Jun 28, 2021 | Request | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 63 filed by Plaintiff Benjamin Karter. (Peluso, Patrick) (Entered: 06/28/2021) |
| 66 | Jul 2, 2021 | View | REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 63 filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 07/02/2021) |
| 67 | Jul 14, 2021 | Request | MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: Taking under advisement 63 MOTION to Dismiss Plaintiff's Second Amended Complaint. Accordingly, the hearing set for July 19, 2021 at 1:30 p.m. is hereby vacated and off calendar. (twdb) (Entered: 07/16/2021) |
| 68 | Jul 16, 2021 | View | ORDER DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT [Dkt. 63 ] by Judge Cormac J. Carney that Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint is DENIED. Defendants shall file an answer to Plaintiff's Second Amended Complaint by 7/30/2021. (jp) (Entered: 07/16/2021) |
| 69 | Jul 26, 2021 | Request | APPLICATION of Non-Resident Attorney Michael Sochynsky to Appear Pro Hac Vice on behalf of Defendants Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31692599) filed by Defendants Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc.. (Attachments: # 1 Certificate of Standing, # 2 Proposed Order) (Nogues, Jean) (Entered: 07/26/2021) |
| 70 | Jul 29, 2021 | Request | ORDER by Judge Cormac J. Carney: Granting 69 Non-Resident Attorney Michael Sochynsky APPLICATION to Appear Pro Hac Vice on behalf of Defendants Epiq Systems, Inc. and Epiq Class Action and Claims Solutions Inc., designating Jean P. Nogues as local counsel. (et) (Entered: 07/29/2021) |
| 71 | Jul 30, 2021 | Request | ANSWER to Amended Complaint/Petition 60 filed by Defendants Epiq Systems, Inc..(Nogues, Jean) (Entered: 07/30/2021) |
| 72 | Aug 12, 2021 | Request | AMENDED JOINT RULE 26(f) REPORT REPORT of Amended Joint Rule 26(f) Report filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 08/12/2021) |
| 73 | Aug 19, 2021 | Request | SCHEDULING ORDER by Judge Cormac J. Carney. Class Certification Motion Deadline January 24, 2022. Discovery cut-off 6/23/2022. LAST DATE TO HEAR MOTIONS is 8/22/2022. Last date to conduct settlement conference is 7/7/2022. Pretrial Conference set for 10/24/2022 at 3:00 p.m. Jury Trial set for 11/1/2022 at 8:30 a.m. (rrp) (Entered: 08/19/2021) |
| 74 | Aug 19, 2021 | View | ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp) (Entered: 08/19/2021) |
| 75 | Nov 3, 2021 | Request | NOTICE OF MOTION AND MOTION for Protective Order for Production of documents containing confidential, private or confidential information, including information security and cybersecurity protocols filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 11/03/2021) |
| 76 | Nov 4, 2021 | Request | STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen E. Scott: Granting 75 Motion for Protective Order. [See document for details.] (es) (Entered: 11/04/2021) |
| 77 | Nov 16, 2021 | Request | STIPULATION for Order To Modify Scheduling Order filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Proposed Order [Proposed] Modified Scheduling Order)(Nogues, Jean) (Entered: 11/16/2021) |
| 78 | Nov 17, 2021 | Request | ORDER GRANTING MODIFIED SCHEDULING ORDER, 77 by Judge Cormac J. Carney: The Court now ORDERS as follows: The parties shall have until December 1, 2021 to serve initial disclosures. A pretrial conference will be held on Monday, October 24, 2022 at 3:00 p.m., Full compliance with Local Rule 16 is required. The case is set for a jury trial, Tuesday, November 1, 2022 at 8:30 a.m. See order for more information. (shb) (Entered: 11/19/2021) |
| 79 | Dec 28, 2021 | View | NOTICE OF MOTION AND MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) filed by Plaintiff Benjamin Karter. Motion set for hearing on 1/25/2022 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: # 1 Exhibit 1 - Scheduling Order, # 2 Exhibit 2 - Modified Scheduling Order, # 3 Exhibit 3 - Zeiger Declaration, # 4 Exhibit 4 - Buchanan Declaration, # 5 Exhibit 5 - Blackley Declaration, # 6 Exhibit 6 - Plaintiff's November 3, 2021 Letter, # 7 Exhibit 7 - Defendant's November 8, 2021 Letter)(Peluso, Patrick) (Entered: 12/28/2021) |
| 80 | Jan 11, 2022 | Request | SUPPLEMENT to MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) 79 filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 01/11/2022) |
| 81 | Jan 11, 2022 | Request | MEMORANDUM in Support of MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) 79 (Plaintiff's Supplemental Memorandum in Support of Plaintiff's Positions in the Joint Stipulation Regarding Discovery Disputes) filed by Plaintiff Benjamin Karter. (Peluso, Patrick) (Entered: 01/11/2022) |
| 82 | Jan 20, 2022 | Request | SCHEDULING NOTICE re MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) 79 . Please be advised that the hearing on this Motion scheduled for 1/25/2022 at 10:00 AM will be held TELEPHONICALLY. The call-in number is 877-848-7030, and the access code is 7771217. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY (Entered: 01/20/2022) |
| 83 | Jan 21, 2022 | Request | NOTICE of Appearance filed by attorney Andrew Culp Spitser on behalf of Defendant Epiq Systems, Inc. (Attorney Andrew Culp Spitser added to party Epiq Systems, Inc.(pty:dft))(Spitser, Andrew) (Entered: 01/21/2022) |
| 84 | Jan 25, 2022 | Request | COMPACT DISC Order for date of proceedings 1/25/2022 to 1/25/2022 re: Generic Text Only Entry, 82 , filed by Defendant Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc.. Court will contact Matthew Finnegan at mfinnegan@pbwt.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 1/25/2022 Hearing on Motion to Compel. FEE PAID. (Buchanan, Michael) (Entered: 01/25/2022) |
| 85 | Jan 25, 2022 | Request | MINUTES OF TELEPHONIC MOTION HEARING re 79 Motion to Compel held before Magistrate Judge Karen E. Scott. The Court rules on the Motion as stated on the record. Court Recorder: CS 1/25/2022. (jdo) (Entered: 01/25/2022) |
| 86 | Jan 26, 2022 | Request | TRANSCRIPT ORDER as to Defendant Epiq Class Action & Claims Solutions Inc., Epiq Systems, Inc. for Court Smart (CS). Court will contact Matthew Finnegan at mfinnegan@pbwt.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Buchanan, Michael) (Entered: 01/26/2022) |
| 87 | Jan 27, 2022 | Request | TRANSCRIPT for proceedings held on 01/25/22. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (yja) (Entered: 01/27/2022) |
| 88 | Jan 27, 2022 | Request | NOTICE OF FILING TRANSCRIPT filed for proceedings 01/25/22 re Transcript 87 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (yja) TEXT ONLY ENTRY (Entered: 01/27/2022) |
| 89 | Feb 25, 2022 | Request | STIPULATION to Extend Discovery Cut-Off Date to May 16, 2022 filed by Defendant Epiq Systems, Inc.. (Attachments: # 1 Declaration Christopher Wilds Declaration In Support of Joint Stipulation to Extend Deadlines for Discovery and Certain Other Case Deadlines, # 2 Proposed Order)(Nogues, Jean) (Entered: 02/25/2022) |
| 90 | Feb 25, 2022 | Request | ORDER by Judge Cormac J. Carney, Granting Joint Request to Extend Deadlines for Discovery and Certain Other Case Deadlines 89 . ( Expert Discovery cut-off 7/25/2022., Discovery Motions due by 7/25/2022., Last date to conduct settlement conference is 8/7/2022.) The deadline to file and have heard all other motions, including dispositive motions, motions to join or amend the pleadings, or a motion for class certification shall be September 22, 2022. (twdb) (Entered: 02/28/2022) |
| 91 | Feb 28, 2022 | Request | Notice of Appearance or Withdrawal of Counsel: for attorney Jean P Nogues counsel for Defendant Epiq Systems, Inc.. Jeffrey C. Skinner is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 02/28/2022) |
| 92 | Mar 16, 2022 | Request | [PROPOSED] ORDER ON JOINT STIPULATION REGARDING DISCOVERY DISPUTES re MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) 79 filed by Defendant Epiq Systems, Inc.. (Nogues, Jean) (Entered: 03/16/2022) |
| 93 | Mar 17, 2022 | Request | ORDER ON JOINT STIPULATION REGARDING DISCOVERY DISPUTES by Magistrate Judge Karen E. Scott, IT IS SO ORDERED. Defendants Epiq Systems, Inc. and Epiq Class Action & Claims Solutions, Inc. and Plaintiff Benjamin Karter by and through their counsel of record, have conferred and agree to the form of this Order re MOTION to Compel (Local Rule 37-2.1 Joint Stipulation Regarding Discovery Disputes) 79 , Motion Related Document 92 [See Order for details.] (es) (Entered: 03/17/2022) |
| 94 | May 5, 2022 | Request | Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Benjamin Karter.(Peluso, Patrick) (Entered: 05/05/2022) |
| 95 | May 5, 2022 | Request | MINUTE ORDER (IN CHAMBERS) ORDER DISMISSING ACTION ON STIPULATION TO DISMISS CASE by Judge Cormac J. Carney, re Stipulation to Dismiss Case 94 . Case Terminated. Made JS-6. (twdb) (Entered: 05/05/2022) |