Fitzpatrick et al v. Lens.com, Inc.

2:24-cv-02203 | Nevada District Court

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Division Las Vegas
Judge Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II
Filed Nov. 26, 2024
Magistrate Magistrate Judge Elayna J. Youchah
Nature of Suit 890 Statutory Actions - Other
Cause 28:1332 Diversity-Contract Dispute
Demand $9,999,000
Jury Demand Defendant
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Filing Date # Docket Text
2/13/2025Clerks Notice Reassign Judge
2/11/2025 ORDER Transferring Cases and Consolidating Discovery

IT IS THEREFORE ORDERED that Case Nos. 2:24-cv-01149-JAD-EJY, 2:24-cv-02160-RFB-BNW, and Case No. 2:24-cv-02203-JAD-EJY are transferred and reassigned to District Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe.

IT IS FURTHER ORDERED that Case Nos. 2:24-cv-0724-JAD-NJK, 2:24-cv-01149-JAD-EJY, 2:24-cv-02160-RFB-BNW, and Case No. 2:24-cv-02203-JAD-EJY, are consolidated for discovery purposes only. All future discovery- related filings in these cases must be made under first-filed case Franks v. Lens.com, 2:24-cv-0724-JAD-NJK only.

The parties must meet and confer and file a proposed amended joint discovery plan and scheduling order by March 14, 2025.

Signed by Judge Jennifer A. Dorsey and Judge Richard F. Boulware, II on 2/11/2025. (Copies have been distributed pursuant to the NEF - SLR)

2/11/2025Motion Hearing, Order on Motion to Consolidate Cases
2/7/2025Notice Other
1/30/2025Certificate Interested Parties
1/28/2025Answer to Amended Complaint
1/14/2025 NOTICE of Corrected Image/Document re 31 Amended Complaint by Plaintiff Mary Agrella Fitzpatrick. (Service of corrected image is attached.) (Herman, Matthew) (Entered: 01/14/2025)
1/8/202532MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 1/8/2025. By Deputy Clerk: Summer Rivera.

Currently pending before this court are three related matters: Franks v. Lens.com (2:24-cv-00724-JAD-NJK), Nail v. Lens.com (2:24-cv-01149-JAD-EJY), and Fitzpatrick v. Lens.com (2:24-cv-02203-JAD-EJY). A motion to consolidate these matters has been filed in each case, and motions to stay are pending in the Franks (ECF No. 34) and Nail (ECF No. 50) matters.

IT IS ORDERED that a consolidated hearing will be held on all of these pending matters on Tuesday, February 11, 2025 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey.

(no image attached) (Copies have been distributed pursuant to the NEF - SLR) (Entered: 01/08/2025)

1/8/2025Minute Order Setting Hearing on Motion
1/8/2025 See 33 Notice of Corrected Image AMENDED COMPLAINT against Lens.com Inc. by Mary Agrella Fitzpatrick. No changes to parties. (Herman, Matthew) Modified on 1/16/2025 (JQC). (Entered: 01/08/2025)
12/31/2024 ORDER granting in part and denying in part 6 Motion to Dismiss. Fitzpatrick's request for injunctive relief is struck with leave to amend, and the motion to dismiss is otherwise denied. Amended Complaint deadline: 1/21/2025. Signed by Judge Jennifer A. Dorsey on 12/31/2024. (Copies have been distributed pursuant to the NEF - MAM) (Main Document 30 replaced on 12/31/2024) (MAM). (Entered: 12/31/2024)
12/23/2024 Joint STATUS REPORT by Plaintiff Mary Agrella Fitzpatrick. (Herman, Matthew) (Entered: 12/23/2024)
12/16/2024 REPLY to 24 Motion to Consolidate Cases by Defendant Lens.com Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Pocker, Richard) (Entered: 12/16/2024)
12/10/2024 ORDER granting 25 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Matthew Herman for Mary Agrella Fitzpatrick and approving Designation of Local Counsel Allison R. Schmidt. Signed by Judge Jennifer A. Dorsey on 12/10/2024.
Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov
(Copies have been distributed pursuant to the NEF - DLS) (Entered: 12/10/2024)
12/10/2024 RESPONSE to 24 Motion to Consolidate Cases by Plaintiff Mary Agrella Fitzpatrick. Replies due by 12/17/2024. (Attachments: # 1 Exhibit A)(Schmidt, Allison) (Entered: 12/10/2024)
12/10/2024 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matthew Herman and DESIGNATION of Local Counsel Allison R. Schmidt (Filing fee $ 250 receipt number ANVDC-7893425) by Plaintiff Mary Agrella Fitzpatrick. (Schmidt, Allison) (Entered: 12/10/2024)
11/26/2024First MOTION to Consolidate Cases by Defendant Lens.com Inc.. Responses due by 12/10/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pocker, Richard) (Entered: 11/26/2024)
11/26/2024MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 11/26/2024. This action was received on* 11/20/2024* pursuant to a court order directing transfer from the* Illinois Northern District* and assigned case number 2:24-cv-02203-JAD-EJY. All future documents must bear said correct case number. Verified Petition due by 12/10/2024. Joint Status Report due by 12/26/2024. (Copies have been distributed pursuant to the NEF - CAH) (Entered: 11/26/2024)
11/26/2024Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (CAH) (Entered: 11/26/2024)
11/26/2024 Case transferred in from District of Illinois Northern; Case Number 1:24-cv-02700. Original file with transfer order and docket sheet received (CAH). (Entered: 11/26/2024)
11/20/2024TRANSFERRED to the District of Nevada the electronic record. (aee, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 11/20/2024)
10/23/2024 MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 10/23/2024: Defendant's motion to transfer venue, 5 , is granted. The Clerk shall transfer this case to the United States District Court for the District of Nevada. [For further detail see attached order.] Notices Mailed. (psm, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 10/23/2024)
10/17/2024 Opposition to Notice of Supplemental Authority by Lens.com, Inc. (Attachments: # 1 Exhibit A)(Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 10/17/2024)
10/15/2024RESPONSE by Mary Agrella Fitzpatrickin Support of MOTION by Defendant Lens.com, Inc. to change venue to the District of Nevada Pursuant to 28 U.S.C. § 1404

5 , MOTION by Defendant Lens.com, Inc. to dismiss Plaintiff's Complaint

6 Supplemental Authority (Herman, Matthew) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 10/15/2024)
7/8/2024RESPONSE by Mary Agrella Fitzpatrick to MOTION by Defendant Lens.com, Inc. to dismiss Plaintiff's Complaint

6 Plaintiff's Notice of Supplemental Authority in Support of Response (Herman, Matthew) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 07/08/2024)
6/24/2024 Defendant's Notice of Supplemental Authority in Support of Its Motion to Transfer by Lens.com, Inc. (Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/24/2024)
6/20/2024MINUTE entry before the Honorable Manish S. Shah: The motions for leave to appear pro hac vice 10 11 12 are granted. Notices Mailed. (psm, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/20/2024)
6/20/2024REPLY by Lens.com, Inc. to MOTION by Defendant Lens.com, Inc. to dismiss Plaintiff's Complaint

6 , response to motion 8 (Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/20/2024)
6/20/2024REPLY by Lens.com, Inc. to response in opposition to motion 9 , MOTION by Defendant Lens.com, Inc. to change venue to the District of Nevada Pursuant to 28 U.S.C. § 1404

5 (Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/20/2024)
6/20/2024MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22162734.

(Bettilyon, Mark) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/20/2024)
6/17/2024MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22150872.

(Hansen, Jed) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/17/2024)
6/17/2024MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22150781.

(Harmer, Joseph) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 06/17/2024)
5/29/2024RESPONSE by Mary Agrella Fitzpatrickin Opposition to MOTION by Defendant Lens.com, Inc. to change venue to the District of Nevada Pursuant to 28 U.S.C. § 1404

5 (Herman, Matthew) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 05/29/2024)
5/29/2024RESPONSE by Mary Agrella Fitzpatrick to MOTION by Defendant Lens.com, Inc. to dismiss Plaintiff's Complaint

6 (Herman, Matthew) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 05/29/2024)
5/2/2024MINUTE entry before the Honorable Manish S. Shah: Plaintiff's responses to the motions to dismiss and to transfer are due 5/29/24 and defendant's replies are due 6/20/24. Discovery is stayed pending a ruling. Notices Mailed. (psm, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 05/02/2024)
4/30/2024MOTION by Defendant Lens.com, Inc. to dismiss Plaintiff's Complaint

(Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit 1 - Jaeck Declaration in Support of Motion to Dismiss)(Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/30/2024)
4/30/2024MOTION by Defendant Lens.com, Inc. to change venue to the District of Nevada Pursuant to 28 U.S.C. § 1404

(Attachments: # 1 Memorandum of Law in Support of Motion to Transfer, # 2 Exhibit 1 - Jaeck Declaration in Support of Motion to Transfer)(Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/30/2024)
4/9/2024ATTORNEY Appearance for Defendant Lens.com, Inc. by John Jacob Kucera (Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/09/2024)
4/4/2024CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (aee, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/04/2024)
4/4/2024MAILED Notice of Removal letter to counsel of record. (aee, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/04/2024)
4/4/2024CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (axk, ) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/04/2024)
4/3/2024CIVIL Cover Sheet (Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/03/2024)
4/3/2024NOTICE of Removal from Circuit Court of the 16th Judicial Circuit in Kane County, Illinois, case number (2024-MR-000072) filed by Lens.com, Inc. Filing fee $ 405, receipt number AILNDC-21818390. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kucera, John) [Transferred from Illinois Northern on 11/26/2024.] (Entered: 04/03/2024)