Turnier v. Bed Bath & Beyond Inc. et al

Federal Civil Lawsuit California Southern District Court, Case No. 3:20-cv-00288-L-MSB
District Judge M. James Lorenz, presiding
Tags
District Judge M. James Lorenz
Last Updated April 24, 2021 at 10:05 PM EDT (3.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Beatrice Moran, Plaintiff

Represented by Dostart Clapp & Coveney, LLP

Name Phone Fax E-Mail
Space Zachariah Paul Dostart , +1 858 623 4200 +1 858 623 4299 zdostart@sdlaw.com
No Logo Robert Turnier, Plaintiff

Represented by Dostart Clapp & Coveney, LLP

Name Phone Fax E-Mail
Space Zachariah Paul Dostart , +1 858 623 4200 +1 858 623 4299 zdostart@sdlaw.com
Space James T Hannink +1 858 623 4200 +1 858 623 4299 jhannink@sdlaw.com
v.
Bed Bath & Beyond, Inc. Bed Bath & Beyond, Inc., Defendant
Officer/Director, Cost Plus Inc/ca/

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Michael Patrick Daly +1 215 988 2700 +1 215 988 2757 michael.daly@faegredrinker.com

Represented by Faegre Drinker Biddle & Reath LLP

Name Phone Fax E-Mail
Space Matthew Jacob Adler +1 415 591 7500 +1 415 591 7510 matthew.adler@faegredrinker.com
No Logo Does 1-50, Defendant
Attributes
Office San Diego
Filed 2/14/2020
Jury Demand Both
Demand
Nature of Suit 370 - Fraud or Truth-In-Lending
Cause Section 28 U.S.C. § 1332 Diversity Action
Jurisdiction Diversity
Disposition
County San Diego
Terminated
Origin 4
Reopened 2/22/2021
Lead Case
None
Related Case
None
Other Court Case 37-2020-00002499-CU-BT-CTL[Superior Court of California, County of San Diego]
Defendant Custody Status
Flags .,REOPEN
Timeline
  Entries (23) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 23 Filed: 4/19/2021, Entered: 4/19/2021 response in opposition to motion
RESPONSE in Opposition re [22] MOTION to Dismiss for Failure to State a Claim Defendant Bed Bath & Beyond Inc.s Notice of Motion and Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim filed by Beatrice Moran, Robert Turnier. (Attachments: # (1) Proof of Service)(Dostart, Zachariah) (jpp).
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Legal Document (Payment Possibly Required) 22 Filed: 3/22/2021, Entered: 3/22/2021 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim Defendant Bed Bath & Beyond Inc.s Notice of Motion and Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim by Bed Bath & Beyond Inc.. (Attachments: # (1) Memo of Points and Authorities in Support of Its Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim, # (2) Request for Judicial Notice In Support Of Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim, # (3) Exhibit A to Request for Judicial Notice In Support of Motion to Dismiss Plaintiffs First Amended Complaint for Failure to State a Claim)(Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 21 Filed: 3/3/2021, Entered: 3/3/2021 Order on Motion for extension of time to answerCourt Filing
ORDER granting [20] Joint Motion to extend deadline for Defendant to respond to First Amended Complaint and to modify briefing schedule. Defendant has until March 22, 2021 to file a response to the FAC. If Defendant files a motion to dismiss, Plaintiffs have until April 19, 2021 to file an opposition. Defendant will have until May 3, 2021 to file a reply. Signed by Judge M. James Lorenz on 3/03/2021. (jpp) (dlg).
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Legal Document (Payment Possibly Required) 20 Filed: 3/2/2021, Entered: 3/2/2021, Terminated: 3/3/2021 Motion for Extension of Time to File Answer
Joint MOTION to Extend Deadline for Defendant to Respond to First Amended Complaint and to Modify Briefing Schedule by Bed Bath & Beyond Inc.. (Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 19 Filed: 2/22/2021, Entered: 2/22/2021 Summons issued
ISSUED IN ERROR (Summons requested in error) - Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jpp)
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Legal Document (Payment Possibly Required) 18 Filed: 2/22/2021, Entered: 2/22/2021 Amended Complaint
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Robert Turnier, Beatrice Moran. (Attachments: # (1) Table of Exhibits, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Proof of Service, # (9) Redline of Changes from Complaint to FAC Pursuant to Civil Local Rule 15.1(c), # (10) Proof of Service)New Summons Requested. (Dostart, Zachariah) (jpp).
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Legal Document (Payment Possibly Required) 17 Filed: 2/5/2021, Entered: 2/5/2021 Order on Motion to dismiss for failure to state a claimCourt Filing
ORDER granting [7] Defendant's Motion to Dismiss with leave to amend.Plaintiff has until February 22, 2021 to file an amended complaint. Signed by Judge M. James Lorenz on 2/05/2021. (jpp) (dlg).
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Legal Document (Payment Possibly Required) 16 Filed: 9/21/2020, Entered: 9/21/2020 Notice and Order of Document Discrepancies
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Legal Document (Payment Possibly Required) 15 Filed: 9/21/2020, Entered: 9/21/2020 Notice and Order of Document Discrepancies
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Legal Document (Payment Possibly Required) 14 Filed: 9/18/2020, Entered: 9/18/2020 Response - Other
STRICKEN PER ORDER [16] - RESPONSE re [13] Notice (Other) of Supplemental Authority filed by Robert Turnier. (Dostart, Zachariah) (jpp). (Main Document 14 replaced on 9/21/2020) (jpp).STRICKEN PER ORDER [16] - RESPONSE re [13] Notice (Other) of Supplemental Authority filed by Robert Turnier. (Dostart, Zachariah) (jpp).
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Legal Document (Payment Possibly Required) 13 Filed: 9/16/2020, Entered: 9/16/2020 Notice - Other
STRICKEN PER ORDER [15] - NOTICE of Supplemental Authority by Bed Bath & Beyond Inc. (Adler, Matthew) (jpp). (Main Document 13 replaced on 9/21/2020) (jpp).NOTICE of Supplemental Authority by Bed Bath & Beyond Inc. (Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 12 Filed: 7/29/2020, Entered: 7/29/2020 Order re Pro Hac Vice ApplicationCourt Filing
ORDER Approving the Pro Hac Vice Application of Michael P. Daly, re [10] Request to Appear Pro Hac Vice. Signed by Judge M. James Lorenz on 7/24/2020.(rmc)
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Legal Document (Payment Possibly Required) 11 Filed: 3/30/2020, Entered: 3/30/2020 Reply to Response to motion
REPLY to Response to Motion re [7] MOTION to Dismiss for Failure to State a Claim filed by Bed Bath & Beyond Inc.. (Attachments: # (1) Exhibit A to Defendant Bed Bath and Beyond Inc.'s Reply Memorandum in Support of its Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim)(Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 10 Filed: 3/25/2020, Entered: 3/25/2020 Request to Appear Pro Hac Vice
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13668982.) (Application to be reviewed by Clerk.) (Daly, Michael) (rmc).
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Legal Document (Payment Possibly Required) 9 Filed: 3/23/2020, Entered: 3/23/2020 response in opposition to motion
RESPONSE in Opposition re [7] MOTION to Dismiss for Failure to State a Claim filed by Robert Turnier. (Dostart, Zachariah) (jpp).
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Legal Document (Payment Possibly Required) 8 Filed: 3/6/2020, Entered: 3/6/2020 Corporate Disclosure Statement
Corporate Disclosure Statement by Bed Bath & Beyond Inc. identifying Other Affiliate BlackRock, Inc. for Bed Bath & Beyond Inc... (Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 7 Filed: 3/6/2020, Entered: 3/6/2020, Terminated: 2/5/2021 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim by Bed Bath & Beyond Inc.. (Attachments: # (1) Memo of Points and Authorities In Support of Its Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim, # (2) Request for Judicial Notice In Support of Motion to Dismiss)(Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 6 Filed: 2/20/2020, Entered: 2/20/2020 Notice of Appearance
NOTICE of Appearance by James T. Hannink on behalf of Robert Turnier (Attachments: # (1) Proof of Service)(Hannink, James)Attorney James T. Hannink added to party Robert Turnier(pty:pla) (jpp).
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Legal Document (Payment Possibly Required) 5 Filed: 2/20/2020, Entered: 2/20/2020 Order on Motion for extension of time to answerCourt Filing
ORDER granting [4] Joint Motion to extend deadline for Defendant to respond to Complaint to no later than 3/6/2020. Signed by Judge M. James Lorenz on 2/20/2020. (jpp)
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Legal Document (Payment Possibly Required) 4 Filed: 2/20/2020, Entered: 2/20/2020, Terminated: 2/20/2020 Motion for Extension of Time to File Answer
Joint MOTION for Extension of Time to File Response/Reply to Extend Deadline for Defendant to Respond to Complaint by Bed Bath & Beyond Inc.. (Adler, Matthew) (jpp).
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Legal Document (Payment Possibly Required) 3 Filed: 2/20/2020, Entered: 2/20/2020 Notice and Order of Document DiscrepanciesCourt Filing
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re [2] MOTION for Extension of Time to File Answer, from Defendant Bed Bath & Beyond Inc.. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 2/20/2020.(jpp) (Additional attachment(s) added on 2/20/2020: # (1) rejected document) (jpp).
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Legal Document (Payment Possibly Required) 2 Filed: 2/19/2020, Entered: 2/19/2020, Terminated: 2/20/2020 Motion for Extension of Time to File Answer
STRICKEN PER ORDER [3] - Joint MOTION for Extension of Time to File Response/Reply to Extend Deadline for Defendant to Respond to Complaint by Bed Bath & Beyond Inc.. (Attachments: # (1) [Proposed] Order Granting Joint Motion)(Adler, Matthew). Modified on 2/20/2020 to strike per Order 3 (jpp).
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Legal Document (Payment Possibly Required) 1 Filed: 2/14/2020, Entered: 2/18/2020 Notice of RemovalCourt Filing
NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2020-00002499-CU-BT-CTL. ( Filing fee $ 400 receipt number 0974-13486957.), filed by Bed Bath & Beyond Inc.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A - State Court Complaint)The new case number is 3:20-cv-288-L-MSB. Judge M. James Lorenz and Magistrate Judge Michael S. Berg are assigned to the case. (Adler, Matthew)(jmr) (jms).
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