ORDER GRANTING Plaintiffs' Unopposed Motion to Lift 6/29/2017 Judgment of Dismissal Pursuant to FRCP 60 44 by Judge Michael W. Fitzgerald: (1) Upon consideration of Plaintiffs' Unopposed Motion to Lift 6/29/2017 Judgment of Dismissal Pursuant to FRCP 60, and for good cause shown, the Court hereby orders: Plaintiffs Motion is GRANTED. (2) The portion of the 6/29/2017 Order that had dismissed the action without prejudice is VACATED. (3) This action is STAYED pending the outcome of arbitration. (4) All pre-trial and/or case management conferences and pre-trial deadlines remain VACATED. (MD JS-5 Case Reopened). (jp) (Entered: 08/02/2017)
RESPONSE filed by Plaintiffs Aurelie Brown, Meagan Chamberlain, Laura Lane, Rosalene Mullins, Vinny Piazza, Edward Pistorio, Jessica Swader, Jane Templinto Notice (Other) 30 (Attachments: # 1 Declaration of Simon S. Grille)(Elias, Jordan) (Entered: 05/30/2017)
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 22 Non-Resident Attorney Daniel E Jones APPLICATION to Appear Pro Hac Vice on behalf of Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc., designating Andrew S DeCarlow as local counsel. (jp) (Entered: 04/21/2017)
Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB.(Polk, Adam)
Notice of Appearance or Withdrawal of Counsel: for attorney John Nadolenco counsel for Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. Andrew S. DeCarlow is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants LG Electronics U.S.A., Inc., and LG Electronics MobileComm U.S.A., Inc.. (Nadolenco, John)
NOTICE OF FILING TRANSCRIPT filed for proceedings 06/26/17 - 10:16 a.m re Transcript 51 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
TRANSCRIPT for proceedings held on 06/26/17 - 10:16 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.com. 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 2/14/2018. Redacted Transcript Deadline set for 2/26/2018. Release of Transcript Restriction set for 4/24/2018. (Gonzalez, Lisa)
ORDER by Judge Michael W. Fitzgerald: Counsel are ordered to file a joint status report on 9/1/2017, and every 90 days thereafter, until the conclusion of the arbitration, or further order of the Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
ORDER GRANTING Plaintiffs' Unopposed Motion to Lift 6/29/2017 Judgment of Dismissal Pursuant to FRCP 60 44 by Judge Michael W. Fitzgerald: (1) Upon consideration of Plaintiffs' Unopposed Motion to Lift 6/29/2017 Judgment of Dismissal Pursuant to FRCP 60, and for good cause shown, the Court hereby orders: Plaintiffs Motion is GRANTED. (2) The portion of the 6/29/2017 Order that had dismissed the action without prejudice is VACATED. (3) This action is STAYED pending the outcome of arbitration. (4) All pre-trial and/or case management conferences and pre-trial deadlines remain VACATED. (MD JS-5 Case Reopened). (jp)
NOTICE OF FILING TRANSCRIPT filed for proceedings 06/26/17 - 10:16 a.m. re Transcript 45 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
TRANSCRIPT for proceedings held on 06/27/17 - 10:16 a.m.. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.com. 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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Gonzalez, Lisa)
NOTICE OF MOTION AND MOTION for Relief from June 29, 2017 Judgment of Dismissal re Order on Motion to Compel Arbitration,, 43 filed by Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB. Motion set for hearing on 8/28/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Declaration of Adam E. Polk, # 2 Exhibit A to the Declaration of Adam E. Polk, # 3 Exhibit B to the Declaration of Adam E. Polk, # 4 Proposed Order) (Polk, Adam)
MINUTES (In Chambers): ORDER Re Defendants' Motion to Compel Arbitration 28 by Judge Michael W. Fitzgerald: Defendants Motion to Compel Arbitration is GRANTED. The parties did not address the question of whether this case should be stayed or dismissed. Accordingly, the Court DISMISSES Plaintiffs claims without prejudice. This Order shall constitute notice of entry of judgment pursuant to FRCP 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this order, and its entry on the docket, as an entry of judgment. (MD JS-6. Case Terminated.) (jp)
TRANSCRIPT ORDER as to Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB for Court Reporter. Court will contact Adam E. Polk at aep@girardgibbs.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Polk, Adam)
MINUTES OF Motion to Compel Arbitration 28 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Lisa Gonzalez. (jp)
REPLY In Support NOTICE OF MOTION AND MOTION to Compel Arbitration 28 filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Declaration Supplemental Declaration of Young Ju Ha)(Nadolenco, John)
NOTICE OF ERRATA filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. correcting Memorandum in Support of Motion, 38 (Nadolenco, John)
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration 28 filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Declaration Suplemental Decl. of Young Ju Ha)(Nadolenco, John)
ORDER by Judge Michael W. Fitzgerald: The Stipulation to Exempt Plaintiffs from Local Rule 23-3 Class Certification Filing Deadline 36 is GRANTED. The Court will set the deadline. (cw)
STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB. (Attachments: # 1 Proposed Order)(Polk, Adam)
NOTICE of Appearance filed by attorney Adam E Polk on behalf of Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB (Attorney Adam E Polk added to party 6F959BA(pty:pla), Attorney Adam E Polk added to party 38C76F7(pty:pla), Attorney Adam E Polk added to party 7DFEC03(pty:pla), Attorney Adam E Polk added to party 06BF78D(pty:pla), Attorney Adam E Polk added to party EA87568(pty:pla), Attorney Adam E Polk added to party BFF3C96(pty:pla), Attorney Adam E Polk added to party 75969F4(pty:pla), Attorney Adam E Polk added to party CDBB4CB(pty:pla))(Polk, Adam)
ORDER by Judge Michael W. Fitzgerald: The Stipulation to Continue Hearing on Motion to Compel Arbitration 33 is GRANTED. The hearing is continued to 6/26/17 at 10:00 AM before Judge Michael W. Fitzgerald. Reply is due 6/12/2017. (cw)
STIPULATION to Continue Hearing on Motion to Compel Arbitration from June 19, 2017 to June 26, 2017 Re: NOTICE OF MOTION AND MOTION to Compel Arbitration 28 filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Proposed Order Granting Stipulation to Continue Hearing on Motion to Compel and Extend Time for Defendants' Reply)(Nadolenco, John)
RESPONSE filed by Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, Jane Templinto Notice (Other) 30 (Attachments: # 1 Declaration of Simon S. Grille)(Elias, Jordan)
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Compel Arbitration 28 filed by Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB. (Attachments: # 1 Declaration of BFF3C96, # 2 Exhibit A to the Declaration of BFF3C96, # 3 Exhibit B to the Declaration of BFF3C96, # 4 Declaration of 7DFEC03, # 5 Exhibit A to the Declaration of 7DFEC03, # 6 Declaration of 06BF78D, # 7 Exhibit A to the Declaration of 06BF78D, # 8 Exhibit B to the Declaration of 06BF78D)(Elias, Jordan)
NOTICE of Plaintiffs Failure To File A Timely Opposition To Defendants Motion To Compel Arbitration And To Stay Litigation filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Nadolenco, John)
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration 28 filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Nadolenco, John)
NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. Motion set for hearing on 6/19/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Declaration of Daniel E. Jones, # 4 Declaration of Young Ju Ha, # 5 Exhibit 1 to Ha Declaration, # 6 Exhibit 2 to Ha Declaration, # 7 Exhibit 3 to Ha Declaration, # 8 Exhibit 4 to Ha Declaration, # 9 Exhibit 5 to Ha Declaration, # 10 Exhibit 6 to Ha Declaration, # 11 Exhibit 7 to Ha Declaration, # 12 Exhibit 8 to Ha Declaration, # 13 Exhibit 9 to Ha Declaration, # 14 Exhibit 10 to Ha Declaration, # 15 Exhibit 11 to Ha Declaration, # 16 Exhibit 12 to Ha Declaration, # 17 Exhibit 13 to Ha Declaration, # 18 Exhibit 14 to Ha Declaration, # 19 Exhibit 15 to Ha Declaration, # 20 Exhibit 16 to Ha Declaration, # 21 Exhibit 17 to Ha Declaration, # 22 Exhibit 18 to Ha Declaration, # 23 Exhibit 19 to Ha Declaration, # 24 Exhibit 20 to Ha Declaration, # 25 Exhibit 21 to Ha Declaration, # 26 Exhibit 22 to Ha Declaration, # 27 Exhibit 23 to Ha Declaration, # 28 Exhibit 24 to Ha Declaration, # 29 Exhibit 25 to Ha Declaration, # 30 Exhibit 26 to Ha Declaration, # 31 Exhibit 27 to Ha Declaration, # 32 Exhibit 28 to Ha Declaration, # 33 Exhibit 29 to Ha Declaration, # 34 Exhibit 30 to Ha Declaration, # 35 Exhibit 31 to Ha Declaration, # 36 Exhibit 32 to Ha Declaration, # 37 Exhibit 33 to Ha Declaration, # 38 Exhibit 34 to Ha Declaration, # 39 Exhibit 35 to Ha Declaration, # 40 Exhibit 36 to Ha Declaration) (Nadolenco, John)
MINUTES (In Chambers): ORDER DENYING AS MOOT Motion to Consolidate Cases 25 by Judge Michael W. Fitzgerald: The Motion is DENIED as moot. Absent some alternate agreement by the parties, and pursuant to the parties stipulation (Docket No. 26), Defendants Answer shall be filed on or before 5/18/2017. (jp)
ORDER GRANTING Stipulation to Extend Time to Respond to the First Amended Complaint 24 by Judge Michael W. Fitzgerald that Defendants LG Electronics U.S.A., Inc., and LG Electronics Mobilecomm U.S.A., Inc., shall have until 5/18/2017 to answer or otherwise respond to Plaintiffs First Amended Complaint. (jp)
NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:17-cv-01039,, NOTICE OF MOTION AND MOTION for Appointment of Counsel filed by Plaintiffs 6F959BA, 38C76F7, 7DFEC03, 06BF78D, EA87568, BFF3C96, 75969F4, CDBB4CB. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: # 1 Declaration of Daniel C. Girard, # 2 Proposed Order) (Elias, Jordan)
STIPULATION for Extension of Time to File Answer to May 18, 2017 re Amended Complaint/Petition,, 14 filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Nadolenco, John)
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 22 Non-Resident Attorney Daniel E Jones APPLICATION to Appear Pro Hac Vice on behalf of Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc., designating Andrew S DeCarlow as local counsel. (jp)
APPLICATION of Non-Resident Attorney Daniel E. Jones to Appear Pro Hac Vice on behalf of Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19697945) filed by Defenda nts LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Proposed Order) (DeCarlow, Andrew)
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Michael W. Fitzgerald: granting 20 Non-Resident Attorney Archis A Parasharami APPLICATION to Appear Pro Hac Vice on behalf of LG Electronics MobileComm U.S.A., Inc. and LG Electronics U.S.A., Inc, designating Andrew S DeCarlow as local counsel. (lom)
APPLICATION of Non-Resident Attorney Archis A. Parasharami to Appear Pro Hac Vice on behalf of Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19682727) filed by D efendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc.. (Attachments: # 1 Proposed Order) (DeCarlow, Andrew)
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Daniel E Jones. 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. (jp)
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Archis A Parasharami. 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. (jp)
ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Michael W. Fitzgerald. The Court, having review the Stipulation To Extend Time To Respond To First Amended Complaint 15 entered into by and between the Plaintiffs and Defendants, and good cause being shown: IT IS HEREBY ORDERED that: Defendants LG Electronics U.S.A., Inc. And LG Electronics Mobilecomm U.S.A., Inc. shall have until May 8, 2017 to answer or otherwise respond to Plaintiffs' First Amended Complaint. (jy)
CERTIFICATE of Interested Parties filed by Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc., identifying LG Electronics, Inc., LG Corporation. (Nadolenco, John)
STIPULATION Extending Time to Answer the complaint as to LG Electronics MobileComm U.S.A., Inc. answer now due 5/8/2017; LG Electronics U.S.A., Inc. answer now due 5/8/2017, re Amended Complaint/Petition,, 14 filed by Defendants LG Electronics MobileComm U.S.A., Inc.; LG Electronics U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Attorney John Nadolenco added to party LG Electronics MobileComm U.S.A., Inc.(pty:dft), Attorney John Nadolenco added to party LG Electronics U.S.A., Inc.(pty:dft))(Nadolenco, John)
FIRST AMENDED COMPLAINT against Defendants LG Electronics MobileComm U.S.A., Inc., LG Electronics U.S.A., Inc. amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiffs 06BF78D, 38C76F7, 7DFEC03, BFF3C96, EA87568, 6F959BA, CDBB4CB, 75969F4(Attorney Jordan Elias added to party EA87568(pty:pla), Attorney Jordan Elias added to party 6F959BA(pty:pla), Attorney Jordan Elias added to party 75969F4(pty:pla), Attorney Jordan Elias added to party CDBB4CB(pty:pla))(Elias, Jordan)
PROOF OF SERVICE Executed by Plaintiff 06BF78D, 38C76F7, 7DFEC03, BFF3C96, upon Defendant LG Electronics MobileComm U.S.A., Inc. served on 3/22/2017, answer due 4/12/2017. Service of the Summons and Complaint were executed upon Becky De George, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Elias, Jordan)
PROOF OF SERVICE Executed by Plaintiff 06BF78D, 38C76F7, 7DFEC03, BFF3C96, upon Defendant LG Electronics U.S.A., Inc. served on 3/22/2017, answer due 4/12/2017. Service of the Summons and Complaint were executed upon Becky De George, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Elias, Jordan)
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:17-cv-01039 MWF(PLAx). Case transferred from Judge Andre Birotte Jr and Magistrate Judge Suzanne H. Segal to Judge Michael W. Fitzgerald and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-02046 MWF(PLAx). Signed by Judge Michael W. Fitzgerald (rn)
NOTICE of Interested Parties filed by Plaintiffs 38C76F7, 7DFEC03, 06BF78D, BFF3C96, identifying 38C76F7, BFF3C96, 7DFEC03, 06BF78D, LG Electronics U.S.A., Inc. and LG Electronics MobileComm U.S.A., Inc.. (Elias, Jordan)
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs 38C76F7, 7DFEC03, 06BF78D, BFF3C96. (Elias, Jordan)
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs 38C76F7, 7DFEC03, 06BF78D, BFF3C96. (Elias, Jordan)
COMPLAINT Receipt No: 0973-19516070 - Fee: $400, filed by Plaintiffs 06BF78D, 38C76F7, 7DFEC03, BFF3C96. (Attorney Jordan Elias added to party 38C76F7(pty:pla), Attorney Jordan Elias added to party 7DFEC03(pty:pla), Attorney Jordan Elias added to party 06BF78D(pty:pla), Attorney Jordan Elias added to party BFF3C96(pty:pla))(Elias, Jordan)
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