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Summary
Parties (10)
Timeline (23)
Attributes (2)
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Heather Peluso, Plaintiff |
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▼ Represented by Balber Pickard Battistoni Maldonado & Van Der Tuin, PC
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Cendant Corporation, Defendant |
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Orbitz, LLC, Defendant |
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Orbitz Worldwide International, LLC, Defendant |
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Orbitz Worldwide, Development, LLC, Defendant |
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Orbitz Worldwide, Inc., Defendant |
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Orbitz Worldwide, LLC, Defendant |
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Orbitz.Com, Defendant |
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▼ Represented by McDermott, Will & Emery, LLP
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The Blackstone Group Lp, Defendant |
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Travelport, LP, Defendant |
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 23 |
Filed: 3/22/2012, Entered: None |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Mark J Altschul dated 3/19/2012 re: Request to be excused from the 3/23/2012 conference. ENDORSEMENT: Conference is rescheduled to 4/5/12 @9:30 am. ( Status Conference reset for 4/5/2012 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 3/22/2012) (cd) (Entered: 03/22/2012)
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 Request |
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| 22 |
Filed: 12/29/2011, Entered: None |
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MANDATE of USCA (Certified Copy) as to 21 Notice of Appeal filed by Heather Peluso USCA Case Number 11-2832-cv. Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/29/2011. (nd) (Entered: 01/03/2012)
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Request |
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| 21 |
Filed: 7/13/2011, Entered: None |
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NOTICE OF APPEAL from 20 Order, 19 Memorandum & Opinion. Document filed by Heather Peluso. Filing fee $ 455.00, receipt number 465401011462. (tp) (Entered: 07/14/2011)
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Request |
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| 20 |
Filed: 6/21/2011, Entered: None |
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ORDER "CLARIFYING" OPINION AND TRANSFERRING WHAT REMAINS OF THESE CASES TO THE NORTHERN DISTRICT OF ILLINOIS: Schroud's and Peluso's claims for breach of fiduciary duty in Count Five of their respective Complaints are transferred to the Northern District of Illinois. The Clerk of the Court is instructed to transfer what remains of Plaintiff Peluso's case (10 Civ. 7522) and Plaintiff Schroud's case (08 Civ. 1 0746) to the District Court for the Northern District of Illinois. (Signed by Judge Colleen McMahon on 6/21/2011) (tro) (Entered: 06/21/2011)
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Request |
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| 19 |
Filed: 5/31/2011, Entered: None |
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OPINION AND ORDER GRANTING 7 Defendants' Motion to Dismiss, filed by The Blackstone Group L.P., Orbitz LLC, Cendant Corporation, Travelport L.P., Orbitz Worldwide International, LLC, Orbitz.Com, Orbitz Worldwide, LLC, Orbitz Worldwide, Development, LLC and Orbitz Worldwide, Inc. For the reasons set forth on this Opinion and Order, Peluso's unjust-enrichment claim in Count Seven is dismissed as against Defendant Orbitz LLC. For the reasons discussed in the Court's November 15, 2010 decision in Matthew Chiste v. Hotels.com L.P., 756 F. Supp. 2d 382 (S.D.N.Y. 2010), Peluso's G.B.L. § 349 claim in Counts One and Two, and her request for declaratory judgment and injunctive relief in Count Three, are dismissed as against Defendant Orbitz LLC. Count Four is dismissed as against Defendant Orbitz LLC for the same reasons that the Court dismissed Schroud's conversion claim in Chiste. See Chiste, 756 F. Supp. 2d at 412-13. The Clerk is instructed to remove docket entry seven from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/31/2011) (ab) (Entered: 05/31/2011)
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Request |
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| 18 |
Filed: 4/20/2011, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 13 Motion for Elizabeth B. Herrington to Appear Pro Hac Vice as counsel for Defendant Orbitz. (Signed by Judge Colleen McMahon on 4/20/2011) (lnl) (Entered: 04/20/2011)
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Request |
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| 17 |
Filed: 1/7/2011, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss. Reply in Support of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint. Document filed by Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P.. (Weiner, Robert) (Entered: 01/07/2011)
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Request |
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| 16 |
Filed: 12/22/2010, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 7 MOTION to Dismiss.. Document filed by Heather Peluso. (Maldonado, Roger) (Entered: 12/22/2010)
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Request |
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| 15 |
Filed: 12/14/2010, Entered: None |
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STIPULATION: Plaintiff's time to serve and file her opposition to defendant's motion to dismiss is extended to 12/23/10. Defendants' motion to dismiss in Case No. 10Civ. 07522 (CM), is extended to 1/7/11. (Signed by Judge Colleen McMahon on 12/14/2010) (jfe) (Entered: 12/14/2010)
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Request |
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| 14 |
Filed: 12/9/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Roger Juan Maldonado dated 11/29/2010 re: Counsel respectfully request that Your Honor enter final judgment pursuant to F.R.C. 54(b) for all the other dismissed claims. ENDORSEMENT: I am not entering Judgment now. So Ordered. (Signed by Judge Colleen McMahon on 12/9/2010) (jfe) Modified on 12/21/2010 (jfe). (Entered: 12/09/2010)
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Request |
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| 13 |
Filed: 12/2/2010, Entered: None |
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MOTION for Elizabeth B. Herrington to Appear Pro Hac Vice. Document filed by Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com.(mbe) (Entered: 12/07/2010)
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Request |
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| 12 |
Filed: 12/2/2010, Entered: None |
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ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Mark M. Altschul for Orbitz LLC,Mark M. Altschul for Orbitz Worldwide International, LLC,Mark M. Altschul for Orbitz Worldwide, Development, LLC,Mark M. Altschul for Orbitz Worldwide, Inc.,Mark M. Altschul for Orbitz Worldwide, LLC,Mark M. Altschul for Orbitz.Com,Mark M. Altschul for Orbitz LLC,Mark M. Altschul for Orbitz Worldwide International, LLC,Mark M. Altschul for Orbitz Worldwide, Development, LLC,Mark M. Altschul for Orbitz Worldwide, Inc.,Mark M. Altschul for Orbitz Worldwide, LLC,Mark M. Altschul for Orbitz.Com admitted Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/2/10) (cd) (Entered: 12/02/2010)
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Request |
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| 11 |
Filed: 11/30/2010, Entered: None |
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MOTION for Mark J. Altshul to Appear Pro Hac Vice. Document filed by Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com.(mro) (Entered: 12/01/2010)
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Request |
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| 10 |
Filed: 11/29/2010, Entered: None |
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MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss. Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint. Document filed by Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P.. (Weiner, Robert) (Entered: 11/29/2010)
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Request |
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Filed: 11/29/2010, Entered: None |
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DECLARATION of Mark J. Altschul in Support re: 7 MOTION to Dismiss.. Document filed by Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P.. (Attachments: # 1 Exhibit A)(Weiner, Robert) (Entered: 11/29/2010)
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Request |
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Filed: 11/29/2010, Entered: None |
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DECLARATION of Steve Sedlak in Support re: 7 MOTION to Dismiss.. Document filed by Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P.. (Attachments: # 1 Exhibit A)(Weiner, Robert) (Entered: 11/29/2010)
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Request |
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Filed: 11/29/2010, Entered: None |
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MOTION to Dismiss. Document filed by Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P..(Weiner, Robert) (Entered: 11/29/2010)
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Request |
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Filed: 11/29/2010, Entered: None |
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NOTICE OF APPEARANCE by Robert A. Weiner on behalf of Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P. (Weiner, Robert) (Entered: 11/29/2010)
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Request |
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| 5 |
Filed: 11/15/2010, Entered: None |
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OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS: For the reasons further set forth in said Order, the Court grants, in part, Defendants' motion to dismiss. Specifically, plaintiff Schultz's suit (No. 08 Civ. 10744) is severed from the other actions and transferred to the Northern District of Texas, per the parties' forum-selection clause. The Clerk of the Court is directed to transmit the file to that district forthwith. The complaints of plaintiffs Chiste, Sidener, and Gutman (Nos. 08cv10676 & 08cv10746) are dismissed in their entirety. The complaint of plaintiff Lamattina (No. 08cv 10676) is dismissed except for her first cause of action, for deceptive practices under G.B.L. § 349. If she prevails, she may be entitled to declaratory and injunctive relief. The complaint ofplaintiffSchroud (No. 08 Civ. 10746) is dismissed except for his fifth cause of action, for breach of fiduciary duty. Schroud has fourteen days to provide the Court with some reason why what remains of his case should not be transferred to Illinois (and to identify the district in Illinois where he resides). Plaintiff Peluso (No. 10 Civ. 07522) has fourteen days to file a brief of no more than ten pages explaining why the Court should not dispose of her complaint in the same manner as it has disposed of the cases against the other Defendants-by dismissing all claims. Peluso's G.B.L. § 349 claim will be dismissed for the same reasons that plaintiffs Chiste, Schroud, and Gutman's G.B.L. § 349 claims were dismissed. If appropriate, Peluso may move to transfer her case to an appropriate forum. The Orbitz defendants have the same period-fourteen days-to move for dismissal of Peluso's unjust-enrichment claim (count seven). (13 in 08cv10676) MOTION to Dismiss. (15 in 08cv10746) MOTION to Dismiss. (11 in 08cv10744) MOTION to Dismiss/MOTION to Transfer Case. Marc Gutman, Jason Sidener, Matthew R. Chiste and Marc Gutman terminated. (Signed by Judge Colleen McMahon on 11/15/10) (db) (Entered: 11/15/2010)
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Request |
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| 4 |
Filed: 10/12/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Colleen McMahon from Roger Juan Maldonado dated 10/11/10 re: counsel writes on behalf of plaintiffs in response to Your Honor's Order of Consolidation dated October 7, 2010. Counsel also requests leave to serve the Peluso complaint on the Orbitz.com defendants. ENDORSEMENT: You may serve the complaint. (Signed by Judge Colleen McMahon on 10/12/10) (djc) (Entered: 10/14/2010)
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Filed: 10/7/2010, Entered: None |
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ORDER OF CONSOLIDATION and NOTICE TO COUNSEL, that the Court has accepted the case entitled Peluso v. Orbitz. Com, 10 Civ. 7522 as related to three other matters that were recently reassigned from the calendar of The Hon. Peter Leisure: Chiste v. Hotels. Com (08 Civ. 10676); Schultz v. Travelocity. Com (08 Civ. 10744) and Chiste v. Priceline.Com (08 Civ. 10746). The Peluso case shall be consolidated with the three pending matters for all purposes. As the court has no intention of participating in any lawsuit against these entities as a member of any class, or of participating in any recovery that plaintiffs may win, I do not believe that I am disqualified from sitting on these cases. If any party disagrees, please make your disagreement known now, before the court starts work on the pending motions. There are long-pending motions to dismiss in the three cases that were filed at the end of 2008. This court will decide them before Christmas. The Peluso case is STAYED until those motions are decided, at which time the court will ask for letter briefs explaining how, if at all (other than the identity of the parties), the Peluso pleading differs from the other pleadings. (Signed by Judge Colleen McMahon on 10/7/10) BY ECF TO ALL COUNSEL IN ALL MATTERS. (pl) Modified on 10/7/2010 (pl). (Entered: 10/07/2010)
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Filed: 10/6/2010, Entered: None |
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NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 10/06/2010)
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Filed: 10/1/2010, Entered: None |
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COMPLAINT against Cendant Corporation, Orbitz LLC, Orbitz Worldwide International, LLC, Orbitz Worldwide, Development, LLC, Orbitz Worldwide, Inc., Orbitz Worldwide, LLC, Orbitz.Com, The Blackstone Group L.P., Travelport L.P. (Filing Fee $ 350.00, Receipt Number 916551)Document filed by Heather Peluso.(ama) (ama). (Entered: 10/04/2010)
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