Marcus v. Spirit Airlines, Inc. et al
New York Southern District Court | |
Judge: | Lewis A Kaplan |
Case #: | 1:22-cv-03911 |
Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
Cause | 15:78m(a) Securities Exchange Act |
Case Filed: | May 13, 2022 |
Last checked: Wednesday Nov 09, 2022 3:36 AM EST |
Defendant
Edward M. Christie, III
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Represented By
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Defendant
Carlton D. Donaway
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Represented By
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Defendant
Mark B. Dunkerley
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Represented By
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Defendant
H. McIntyre Gardner
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Represented By
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Defendant
Robert D. Johnson
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Represented By
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Defendant
Barclay G. Jones III
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Represented By
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Defendant
Christine P. Richards
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Represented By
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Defendant
Myrna M. Soto
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Represented By
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Defendant
Spirit Airlines, Inc.
Delaware corporation 2800 Executive Way
Miramar, FL 33025 |
Represented By
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Defendant
Dawn M. Zier
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Represented By
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Plaintiff
Jonathan Marcus
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Represented By
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Docket last updated: 05/09/2025 11:59 PM EDT |
Tuesday, November 29, 2022 | ||
40 | 40
![]() NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier. Document filed by Jonathan Marcus. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Fruchter, Joshua) |
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Thursday, November 03, 2022 | ||
39 | 39
![]() STIPULATION AND ORDER STAYING FURTHER BRIEFING ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S FEE PETITION. IT IS HEREBY STIPULATED AND AGREED: In order to provide time for the parties to document and consummate the settlement, further briefing on the pending motions is stayed 30 days from the date of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/3/22) (yv) |
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38 | 38
![]() PROPOSED STIPULATION AND ORDER. Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(Greenfield, Elliot) |
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Monday, October 24, 2022 | ||
37 | 37
![]() DECLARATION of Joshua E. Fruchter in Support re:35 CROSS MOTION for Attorney Fees .,30 MOTION to Dismiss .. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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36 | 36
![]() MEMORANDUM OF LAW in Support re:35 CROSS MOTION for Attorney Fees .,30 MOTION to Dismiss . . Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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35 | 35
![]() CROSS MOTION for Attorney Fees . Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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Wednesday, October 19, 2022 | ||
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![]() STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS: NOW, THEREFORE, subject to approval of the Court, and for good cause shown, the parties hereby stipulate and agree to a modified briefing schedule on the Motion under which (i) Plaintiff shall file and serve papers opposing the Motion on October 24, 2022, and (ii) Defendants shall file and serve reply papers on the Motion on November 3, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/19/2022) (mml) |
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Friday, October 07, 2022 | ||
33 | 33
![]() PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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Monday, October 03, 2022 | ||
32 | 32
![]() DECLARATION of Brandon Fetzer in Support re:30 MOTION to Dismiss .. Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(Fetzer, Brandon) |
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31 | 31
![]() MEMORANDUM OF LAW in Support re:30 MOTION to Dismiss . . Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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30 | 30
![]() MOTION to Dismiss . Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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Wednesday, September 14, 2022 | ||
29 | 29
![]() ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows:Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties. Counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than six (6) months from the date of this order, counsel shall sign and file by 10/12/2022 a consent order in the form annexed for consideration by the Court. If such a consent is not filed within the time provided, a video-conference invite will be emailed to counsel on 11/2/2022 at 11:00 AM. ( Initial Conference set for 11/2/2022 at 11:00 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 9/14/22) (yv) |
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Friday, August 12, 2022 | ||
28 | 28
![]() WAIVER OF SERVICE RETURNED EXECUTED. Edward M. Christie, III waiver sent on 8/4/2022, answer due 10/3/2022; Carlton D. Donaway waiver sent on 8/4/2022, answer due 10/3/2022; Mark B. Dunkerley waiver sent on 8/4/2022, answer due 10/3/2022; H. McIntyre Gardner waiver sent on 8/4/2022, answer due 10/3/2022; Robert D. Johnson waiver sent on 8/4/2022, answer due 10/3/2022; Barclay G. Jones III waiver sent on 8/4/2022, answer due 10/3/2022; Christine P. Richards waiver sent on 8/4/2022, answer due 10/3/2022; Myrna M. Soto waiver sent on 8/4/2022, answer due 10/3/2022; Spirit Airlines, Inc. waiver sent on 8/4/2022, answer due 10/3/2022; Dawn M. Zier waiver sent on 8/4/2022, answer due 10/3/2022. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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Tuesday, July 12, 2022 | ||
27 | 27
![]() STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT, IT IS HEREBY STIPULATED AND AGREED: In order to provide additional time for the parties to engage in discussions to resolve the Action, Defendants' time to respond to the Complaint is hereby extended to September 19, 2022, and no further deadlines, hearings, or conferences need to be scheduled at this time while discussions remain ongoing. SO ORDERED. ( All Defendants.) (Signed by Judge Lewis A. Kaplan on 7/12/22) (yv) |
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Monday, July 11, 2022 | ||
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![]() PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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Wednesday, June 01, 2022 | ||
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![]() NOTICE of Withdrawal of Application for Preliminary Injunction re:6 Proposed Order to Show Cause Without Emergency Relief,7 Memorandum of Law in Support,8 Declaration in Support,. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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Friday, May 27, 2022 | ||
23 | 23
![]() REPLY MEMORANDUM OF LAW in Support re:14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . / Reply Memorandum of Law in Support of Defendants' Motion to Vacate . Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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![]() RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Spirit Airlines, Inc...(O'Connor, Maeve) |
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![]() STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE ON PLAINTIFF'S APPLICATION FOR A PRELIMINARY INJUNCTION: Having reviewed the Parties' Stipulation and Proposed Order Modifying the Briefing Schedule on Plaintiff's Application for a Preliminary Injunction, the Court hereby GRANTS the parties' stipulation. It is HEREBY ORDERED that (i) Defendants shall serve and file papers opposing the Application on or before Thursday, June 2, 2022, at 4:00 P.M., and (ii) Plaintiff shall serve and file any reply papers in further support of the Application on or before Friday, June 3, 2022, at 4:00 P.M. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/27/2022) (mml) |
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20 | 20
![]() DECLARATION of Joshua E. Fruchter in Opposition re:14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, .. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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![]() MEMORANDUM OF LAW in Opposition re:14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . . Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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18 | 18
![]() PROPOSED STIPULATION AND ORDER. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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order
Order on Motion to Vacate
Fri 05/27 9:40 PM
ORDER granting14 Motion to Vacate14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . (HEREBY ORDERED by Judge Lewis A. Kaplan)(Text Only Order) (Kaplan, Lewis) |
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Thursday, May 26, 2022 | ||
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![]() SCHEDULING ORDER: (Signed by Judge Lewis A. Kaplan on 5/26/2022) (Kaplan, Lewis) |
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16 | 16
![]() DECLARATION of Brandon Fetzer in Support re:14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, .. Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(Fetzer, Brandon) |
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![]() MEMORANDUM OF LAW in Support re:14 MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . . Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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14 | 14
![]() MOTION to Vacate13 Order to Show Cause,,,,,,,,, Set Deadlines,,,,,,,, . Document filed by Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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Tuesday, May 24, 2022 | ||
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![]() (I) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE, AND (II) ORDER AUTHORIZING EXPEDITED DISCOVERY: NOW, THEREFORE, IT IS HEREBY:ORDERED, that the above named Defendants show cause before this Court in Courtroom 21B of the United States District Court for the Southern District of New York at 500 PearlStreet, New York, NY 10007, on June 7, 2022 at 10:30am or as soon thereafter as counsel may be heard, why an order should not issue pursuant to Rule 65( a) of theFederal Rules of Civil Procedure granting a preliminary injunction enjoining the vote("Shareholder Vote") by shareholders of Spirit Airlines, Inc., ("Spirit") scheduled for June 10,2022, on the proposed merger ("Merger") between Spirit and Frontier Group Holdings, Inc., until five (5) days after Spirit files supplemental disclosures with the SEC correcting certain materialdisclosure violations in the proxy statement ("Proxy") filed by Spirit on May 11, 2022, to solicitSpirit shareholders to vote in favor of the Merger, as identified in the Memorandum of Law; AND IT IS FURTHER ORDERED, that Defendants shall serve and file opposing papers, if any, on or before June 3, 2022 at 4 p.m. and Plaintiff shall and file any reply papers on or before June 3, 2022 at 4 p.m. and Plaintiff shall serve and file any reply papers on or before June 6, 2022 at 4 pm. As further set forth in this Order. AND IT IS FURTHER ORDERED, that on a rolling basis, but no later than May 31, 2022 at 5 p.m., Defendants shall produce the following documents to Plaintiff (with all capitalized terms below having the meanings given to them in the Memorandum of Law): as further set forth in this order. Provided however, that this is without prejudice to a motion to vacate or modify this directed paragraph as to expedited discovery provided such a motion is made no later than noon on May 26, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/24/2022) ( Show Cause Hearing set for 6/7/2022 at 10:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.), ( Motions due by 5/26/2022., Responses due by 6/3/2022, Replies due by 6/6/2022.) (ks) |
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![]() NOTICE OF APPEARANCE by Brandon Richard Fetzer on behalf of Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(Fetzer, Brandon) |
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![]() NOTICE OF APPEARANCE by Elliot Greenfield on behalf of Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(Greenfield, Elliot) |
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![]() NOTICE OF APPEARANCE by Maeve L. O'Connor on behalf of Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier..(O'Connor, Maeve) |
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utility
Case Accepted as Related
Tue 05/24 7:42 AM
CASE ACCEPTED AS RELATED. Create association to 1:22-cv-02069-LGS. Notice of Assignment to follow. (aea) |
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notice
Notice of Case Assignment/Reassignment
Tue 05/24 7:45 AM
NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (aea) |
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utility
Case Designation
Tue 05/24 7:45 AM
Magistrate Judge Valerie Figueredo is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (aea) |
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misc
Notice to Court Regarding Proposed Order
Tue 05/24 12:22 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 6 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (tp) |
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notice
Notice of Case Assignment/Reassignment
Tue 05/24 3:21 PM
NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Lorna G. Schofield is no longer assigned to the case. (aea) |
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misc
Notice Regarding Deleted Document
Tue 05/24 5:04 PM
***DELETED DOCUMENT. Deleted document number 12 ORDER TO SHOW CAUSE. The document was incorrectly filed in this case. (jcs) |
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Monday, May 23, 2022 | ||
8 | 8
![]() DECLARATION of Joshua E. Fruchter in Support re:6 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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7 | 7
![]() MEMORANDUM OF LAW in Support re:6 Proposed Order to Show Cause Without Emergency Relief, . Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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6 | 6
![]() PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Jonathan Marcus. Related Document Number: [Dkt No. 1]..(Fruchter, Joshua) |
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Friday, May 20, 2022 | ||
utility
Case Referred as Possibly Related/Similar
Fri 05/20 3:20 PM
CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:22-cv-2069. (gp) |
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Monday, May 16, 2022 | ||
5 | 5
![]() ELECTRONIC SUMMONS ISSUED as to Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier. (sj) |
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notice
Case Opening Initial Assignment Notice
Mon 05/16 1:30 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
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utility
Case Designated ECF
Mon 05/16 1:30 PM
Case Designated ECF. (sj) |
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Friday, May 13, 2022 | ||
4 | 4
![]() REQUEST FOR ISSUANCE OF SUMMONS as to SPIRIT AIRLINES, INC., EDWARD M. CHRISTIE, III, CARLTON D. DONAWAY, MARK B. DUNKERLEY, H. MCINTYRE GARDNER, ROBERT D. JOHNSON, BARCLAY G. JONES III, CHRISTINE P. RICHARDS, MYRNA M. SOTO, and DAWN M. ZIER, re:1 Complaint,. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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3 | 3
![]() STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:22-cv-2069. Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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2 | 2
![]() CIVIL COVER SHEET filed..(Fruchter, Joshua) |
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1 | 1
![]() COMPLAINT against Edward M. Christie, III, Carlton D. Donaway, Mark B. Dunkerley, H. McIntyre Gardner, Robert D. Johnson, Barclay G. Jones III, Christine P. Richards, Myrna M. Soto, Spirit Airlines, Inc., Dawn M. Zier. (Filing Fee $ 402.00, Receipt Number ANYSDC-26143627)Document filed by Jonathan Marcus..(Fruchter, Joshua) |
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