Georgia Northern District Court
Judge:Mark H Cohen
Case #: 1:23-cv-03522
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Fiduciary Duty
Case Filed:Aug 08, 2023
Re-opened:Feb 27, 2024
Terminated:Jul 01, 2024
Last checked: Sunday Feb 04, 2024 4:25 AM EST
Defendant
Hospitality Staffing Solutions, LLC
Represented By
Christopher A. Wiech
Baker & Hostetler LLP
contact info
Chelsea Morgan Lamb
Baker & Hostetler LLP
contact info
Plaintiff
Brittany Felix
Represented By
Jean S. Martin
Morgan And Morgan Complex Litigation Group -Fl
contact info
MaryBeth Vassil Gibson
The Finley Firm, P.C.
contact info
Francesca Burne
Morgan & Morgan Complex Litigation Group -Fl
contact info
Francesca Kester Burne
Morgan & Morgan Complex Litigation Group -Fl
contact info
Plaintiff
Joshua Cariola
Represented By
Jean S. Martin
Morgan And Morgan Complex Litigation Group -Fl
contact info
James M. Evangelista
Evangelista Worley LLC
contact info
MaryBeth Vassil Gibson
The Finley Firm, P.C.
contact info
Carl V. Malmstrom
Wolf Haldenstein Adler Freeman & Herz LLC
contact info
Plaintiff
Amanda Fowler
Represented By
Jean S. Martin
Morgan And Morgan Complex Litigation Group -Fl
contact info
Mason A. Barney
Siri Glimstad Llp -Ny
contact info
MaryBeth Vassil Gibson
The Finley Firm, P.C.
contact info
Michael Ross Hirsh
Hirsh Law Office
contact info
Tyler J Bean
Siri & Glimstad LLP
contact info
Plaintiff
Stephanie Smith
Represented By
MaryBeth Vassil Gibson
The Finley Firm, P.C.
contact info
Plaintiff
Julie Tapia
Represented By
Jean S. Martin
Morgan And Morgan Complex Litigation Group -Fl
contact info
Austin B. Whitten
Pittman, Dutton, Hellums, Bradley, & Mann, P.C.
contact info
Jonathan S. Mann
Pittman, Dutton, Hellums, Bradley & Mann, P.C.
contact info
MaryBeth Vassil Gibson
The Finley Firm, P.C.
contact info


Docket last updated: 3 hours ago
Monday, July 01, 2024
37 37 24 pgs order Order on Motion to Compel Mon 07/01 3:57 PM
ORDER granting31 Motion to Compel. It is hereby ORDERED that Defendant Hospitality Staffing Solutions, LLC's Motion to Compel Individual Arbitration and Dismiss or Stay Action ("Mot. to Compel")31 is GRANTED. It is further ORDERED that this action is STAYED and shall be ADMINISTRATIVELY CLOSED pending completion of individual arbitrations. The parties shall notify the Court upon completion of the individual arbitrations, and any party shall have the right to move to reopen this case to resolve any remaining issues of contention. Signed by Judge Mark H. Cohen on 7/1/2024. (dgr)
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utility Terminate Civil Case Mon 07/01 3:59 PM
Civil Case Terminated. (dgr)
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Wednesday, March 13, 2024
36 36 15 pgs respm Reply to Response to Motion Wed 03/13 5:08 PM
REPLY to Response to Motion re31 MOTION to Compel Arbitration filed by Hospitality Staffing Solutions, LLC. (Lamb, Chelsea)
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Wednesday, February 28, 2024
35 35 respm Response in Opposition to Motion Wed 02/28 5:49 PM
RESPONSE in Opposition re31 MOTION to Compel Arbitration And Dismiss Or Stay Action filed by Joshua Cariola, Brittany Felix, Amanda Fowler, Stephanie Smith, Julie Tapia. (Gibson, MaryBeth)
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Tuesday, February 27, 2024
34 34 1 pgs order Order Reopening Case Tue 02/27 3:18 PM
ORDER REOPENING CASE. The Court erroneously entered an order granting Defendant's Motion to Compel Arbitration as unopposed33 . That Order is hereby VACATED. Plaintiffs have until February 28, 2024, to file a response to Defendant's Motion to Compel Arbitration. Signed by Judge Mark H. Cohen on 2/27/2024. (dgr)
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33 33 7 pgs order Order on Motion to Compel Tue 02/27 2:39 PM
VACATED PER 34 ORDER ORDER granting31 Motion to Compel Individual Arbitration and Dismiss or Stay Action. It is further ORDERED that this action is STAYED and shall be ADMINISTRATIVELY CLOSED pending completion of individual arbitrations. The parties shall notify the Court upon completion of the individual arbitrations, and any party shall have the right to move to reopen this case to resolve any remaining issues of contention. Signed by Judge Mark H. Cohen on 2/27/2024. (dgr) Modified on 2/27/2024 (dgr)
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utility Terminate Civil Case Tue 02/27 2:41 PM
Civil Case Terminated. (dgr)
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Friday, February 16, 2024
utility Submission to District Judge Fri 02/16 9:56 AM
Submission of31 MOTION to Compel Arbitration to District Judge Mark H. Cohen. (lme)
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Thursday, February 08, 2024
32 32 notice Notice (Other) Thu 02/08 9:59 AM
NOTICE by Joshua Cariola, Brittany Felix, Amanda Fowler, Stephanie Smith, Julie Tapia of Change of Address (Gibson, MaryBeth)
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Monday, January 29, 2024
31 31 motion Compel Mon 01/29 5:18 PM
MOTION to Compel Arbitration with Brief In Support by Hospitality Staffing Solutions, LLC.(Wiech, Christopher)
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Att: 1 Brief in Support of Motion to Compel Arbitration,
Att: 2 Affidavit Declaration In Support,
Att: 3 Exhibit A,
Att: 4 Exhibit B,
Att: 5 Exhibit C,
Att: 6 Exhibit D,
Att: 7 Exhibit E
Friday, January 12, 2024
30 30 notice Notice (Other) Fri 01/12 12:36 PM
NOTICE by Joshua Cariola, Brittany Felix, Amanda Fowler, Stephanie Smith, Julie Tapia Change of Firm Address (Evangelista, James)
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Friday, December 29, 2023
29 29 cmp Amended Complaint Fri 12/29 4:29 PM
AMENDED COMPLAINT against Hospitality Staffing Solutions, LLCwith Jury Demand filed by Joshua Cariola, Brittany Felix, Julie Tapia, Amanda Fowler, Stephanie Smith.(Gibson, MaryBeth)
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Att: 1 Exhibit A
Monday, December 18, 2023
28 28 2 pgs order Order on Motion for Extension of Time Mon 12/18 4:18 PM
ORDER granting27 Motion for Extension of Time. The Court sets the following deadlines: 1. Plaintiffs' Deadline to File an Amended Consolidated Class Action Complaint: December 29, 2023. 2. Defendant's Deadline to Answer or Otherwise Respond to the Amended Complaint: January 29, 2024. 3. Plaintiffs' Deadline to File an Opposition to Defendant's Response: February 28, 2024. 4. Defendant's Deadline to File a Reply in Support of its Response: March 13, 2024.. Signed by Judge Mark H. Cohen on 12/18/2023. (tmf)
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27 27 motion Extension of Time Mon 12/18 3:21 PM
Joint MOTION for Extension of Time Respond to Plaintiff's Consolidated Class Action Complaint re:24 Amended Complaint, with Brief In Support by Hospitality Staffing Solutions, LLC.(Lamb, Chelsea)
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Att: 1 Text of Proposed Order Re: Extension of Time
Monday, November 27, 2023
26 26 1 pgs order Order on Motion for Extension of Time to Answer Mon 11/27 7:46 AM
ORDER granting25 Motion for Extension of Time to File Answer,24 Amended Complaint. Hospitality Staffing Solutions, LLC Answer due 12/18/2023. Signed by Judge Mark H. Cohen on 11/27/2023. (dob)
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Friday, November 24, 2023
25 25 motion Extension of Time Fri 11/24 1:17 PM
Second MOTION for Extension of Time to File Response re:24 Amended Complaint, with Brief In Support by Hospitality Staffing Solutions, LLC.(Lamb, Chelsea)
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Att: 1 Text of Proposed Order Proposed Order
Monday, November 06, 2023
24 24 cmp Amended Complaint Mon 11/06 1:35 PM
First AMENDED COMPLAINT Consolidated Complaint against Hospitality Staffing Solutions, LLCwith Jury Demand filed by Joshua Cariola, Brittany Felix, Julie Tapia, Amanda Fowler.(Gibson, MaryBeth)
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Att: 1 Exhibit A - Notification of Data Breach
Monday, October 16, 2023
23 23 5 pgs order Order on Motion to Appoint Counsel Mon 10/16 3:26 PM
ORDER granting20 Motion to Appoint Counsel and Appoints Jean S. Martin and MaryBeth Vassil Gibson for Joshua Cariola, Brittany Felix, Amanda Fowler, and Julie Tapia. Signed by Judge Mark H. Cohen on 10/16/23. (jpa)
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utility Submission to District Judge Mon 10/16 1:11 PM
Submission of22 Notice of Supplemental Authority,20 MOTION to Appoint Counsel Jean Martin and MaryBeth V. Gibson as requested by attorney and notified that the motion is unopposed as of document 22, to District Judge Mark H. Cohen. (tas)
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utility Submission to District Judge Mon 10/16 2:45 PM
Submission of20 MOTION to Appoint Counsel Jean Martin and MaryBeth V. Gibson to District Judge Mark H. Cohen. (lme)
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Tuesday, September 26, 2023
22 22 notice Notice (Other) Tue 09/26 7:13 PM
NOTICE by Brittany Felix re20 MOTION to Appoint Counsel Jean Martin and MaryBeth V. Gibson of Supplemental Authority (Gibson, MaryBeth)
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21 21 notice Notice of Appearance Tue 09/26 3:37 PM
NOTICE of Appearance by Christopher A. Wiech on behalf of Hospitality Staffing Solutions, LLC (Wiech, Christopher)
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20 20 motion Appoint Counsel Tue 09/26 11:34 AM
MOTION to Appoint Counsel Jean Martin and MaryBeth V. Gibson with Brief In Support by Brittany Felix.(Gibson, MaryBeth)
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Att: 1 Brief In Support of Motion to Appoint Interim Class Counsel,
Att: 2 Exhibit 1 - Jean Martin Biography,
Att: 3 Exhibit 2 - MB Gibson Biography,
Att: 4 Text of Proposed Order Granting Appointment of Interim Class Counsel
Friday, September 15, 2023
19 19 4 pgs order Order on Motion to Consolidate Cases Mon 09/18 8:48 AM
ORDER granting18 Motion to Consolidate Cases. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE Case No. l:23-cv-3538-MHC,Case No. l:23-cv-3667-MHC, and Case No. l:23-cv-3689-MHC. Any subsequently filed related cases shall be consolidated with these cases under Civil Action No. l:23-cv-03522-MHC. Plaintiffs shall file a motion for appointment of Interim Class Counsel within ten (10) days from the date of this Order. Plaintiffs shall file a consolidated amended complaint within twenty-one (21) days from the Court's Order appointing Interim Class Counsel. Defendant shall file its answer within twenty-one (21) days after Plaintiffs have filed their consolidated amended complaint. Signed by Judge Mark H. Cohen on 9/15/2023. (dob)
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18 18 motion Consolidate Cases Fri 09/15 2:02 PM
MOTION to Consolidate Cases by Brittany Felix.(Gibson, MaryBeth)
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Att: 1 Text of Proposed Order Consolidating Cases
Tuesday, September 05, 2023
16 16 1 pgs order Order on Motion for Extension of Time to Answer Tue 09/05 8:15 AM
ORDER granting15 Motion for Extension of Time to Answer re15 Motion for Extension of Time to File Answer,1 Complaint, Hospitality Staffing Solutions, LLC Answer due 9/27/2023. Signed by Judge Mark H. Cohen on 9/5/2023. (dob)
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Friday, September 01, 2023
17 17 30+ pgs order Order Tue 09/05 2:53 PM
STANDING ORDER regarding Civil Litigation. Signed by Judge Mark H. Cohen on 9/1/2023. (dob)
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15 15 motion Extension of Time Fri 09/01 5:15 PM
First MOTION for Extension of Time File Response re:1 Complaint, with Brief In Support by Hospitality Staffing Solutions, LLC.(Lamb, Chelsea)
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Att: 1 Text of Proposed Order
Thursday, August 31, 2023
14 14 1 pgs order Order Reassigning Case Thu 08/31 4:33 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Mark H. Cohen for all further proceedings. Judge Amy Totenberg no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-cv-3522-MHC. Please make note of this change in order to facilitate the docketing of pleadings in this case. The Clerk is DIRECTED to TRANSFER the above actions to District Court Judge Mark H. Cohen as cases related to civil action 1:23-cv-3538-MHC. The Clerk is directed not to substitute other case for these actions. Signed by Judge Amy Totenberg on 8/31/2023. (kng)
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Tuesday, August 22, 2023
13 13 notice Certificate of Compliance Tue 08/22 3:12 PM
CERTIFICATE of Compliance of Francesca K. Burne (Gibson, MaryBeth)
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12 12 notice Certificate of Compliance Tue 08/22 3:07 PM
CERTIFICATE of Compliance of Jean S. Martin (Gibson, MaryBeth)
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11 11 notice Certificate of Compliance Tue 08/22 3:04 PM
CERTIFICATE of Compliance of MaryBeth V. Gibson (Gibson, MaryBeth)
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Monday, August 21, 2023
10 10 service Return of Service Executed Mon 08/21 9:14 AM
Return of Service Executed by Brittany Felix. Hospitality Staffing Solutions, LLC served on 8/16/2023, answer due 9/6/2023. (Gibson, MaryBeth)
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Wednesday, August 16, 2023
misc Approval of Application for Admission PHV Wed 08/16 2:20 PM
APPROVAL by Clerks Office re:7 APPLICATION for Admission of Jean Sutton Martin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12816270). Attorney Jean S. Martin added appearing on behalf of Brittany Felix. E-filing access may be requested after an order granting the application is entered. (smj)
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misc Approval of Application for Admission PHV Wed 08/16 2:48 PM
APPROVAL by Clerks Office re:8 APPLICATION for Admission of Francesca Kester Burne Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12816301). Attorney Francesca Burne added appearing on behalf of Brittany Felix. E-filing access may be requested after an order granting the application is entered. (smj)
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order Order on Application for Admission Pro Hac Vice Wed 08/16 3:27 PM
ORDER, by docket entry only, granting7 and8 Applications for Admission Pro Hac Vice. Ordered by Judge Amy Totenberg on 8/16/23. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
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Tuesday, August 15, 2023
9 9 notice Notice (Other) Tue 08/15 2:14 PM
NOTICE by Brittany Felix of Potentially Related Action(Gibson, MaryBeth)
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Att: 1 Exhibit A
8 8 motion Application for Admission Pro Hac Vice Tue 08/15 11:09 AM
APPLICATION for Admission of Francesca Kester Burne Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12816301).by Brittany Felix. (Gibson, MaryBeth)
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7 7 motion Application for Admission Pro Hac Vice Tue 08/15 11:05 AM
APPLICATION for Admission of Jean Sutton Martin Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12816270).by Brittany Felix. (Gibson, MaryBeth)
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6 6 service Electronic Summons Issued Tue 08/15 8:46 AM
Electronic Summons Issued as to Hospitality Staffing Solutions, LLC. (dob)
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Monday, August 14, 2023
5 5 service Proposed Summons Mon 08/14 6:44 PM
PROPOSED SUMMONS filed by Brittany Felix (Gibson, MaryBeth)
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Wednesday, August 09, 2023
4 4 misc Letter re:83.1 Wed 08/09 3:10 PM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Francesca Burne. Clerk to follow-up by 8/21/2023. (djs)
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3 3 misc Letter re:83.1 Wed 08/09 2:46 PM
Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jean S. Martin. Clerk to follow-up by 8/21/2023. (djs)
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Tuesday, August 08, 2023
2 2 service Electronic Summons Issued Wed 08/09 2:34 PM
Electronic Summons Issued as to Hospitality Staffing Solutions, LLC. (pdt)
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1 1 cmp Complaint Wed 08/09 2:25 PM
CLASS ACTION COMPLAINT with Jury Demand filed by Brittany Felix. (Filing fee $402, receipt number AGANDC-12799609) (pdt)
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Att: 1 Exhibit A,
Att: 2 Civil Cover Sheet