ODDO et al v. T-MOBILE USA INC.
| New Jersey District Court | |
| Judge: | Michael E Farbiarz |
| Referred: | Jose R Almonte |
| Case #: | 2:24-cv-07719 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Jul 12, 2024 |
| Last checked: Wednesday Jan 08, 2025 4:25 AM EST |
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Defendant
T-MOBILE USA INC.
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Represented By
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Notice Only
PHV KRISTINE M. BROWN
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Notice Only
PHV DAVID B. CARPENTER
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Plaintiff
GERALD DWYER
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Represented By
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Plaintiff
LARRY KAHHAN
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Represented By
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Plaintiff
CHRISTOPHER ODDO
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Represented By
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Plaintiff
HARRY HYADUCK, SR.
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Represented By
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| Docket last updated: 05/07/2025 11:59 PM EDT |
| Thursday, March 27, 2025 | ||
| 42 | 42
order
Order on Motion for Extension of Time to Complete Discovery
Thu 03/27 9:56 PM
TEXT ORDER: The Court is in receipt of the parties' request for an adjournment of the deadline to submit a revised dispute letter and an adjournment of the discovery dispute hearing (ECF No.41 ). The request is GRANTED. The discovery dispute hearing is adjourned to May 19, 2025, at 10:00 a.m. The hearing will be conducted via Microsoft Teams. The Court will provide dial-in information in advance. By May 9, 2025, the parties shall file a revised dispute letter identifying the specific discovery requests in dispute and the parties' positions as it relates to each request. The dispute letter shall be formatted in accordance with paragraph 5(a) of the Court's[LINK:Case Management Order] . Signed by Magistrate Judge Jose R. Almonte on 3/27/2025. (akw, ) |
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| Wednesday, March 26, 2025 | ||
| 41 | 41
misc
Letter
Wed 03/26 12:49 PM
Letter from Reade Seligmann re: Joint Notice of Availability. (SELIGMANN, READE) |
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| Tuesday, March 18, 2025 | ||
| 40 | 40
order
Text Order ~Util - Set Hearings
Tue 03/18 4:47 PM
TEXT ORDER: The Court is in receipt of the parties' joint status letter raising a discovery dispute (ECF No.39 ). Defendants object to Plaintiff's discovery requests for being outside the scope of the limited discovery ordered by the Court, but the parties did not identify the individual requests in dispute. By April 2, 2025, the parties shall file a revised dispute letter identifying the specific discovery requests in dispute and the parties' positions as it relates to each request. The dispute letter shall be formatted in accordance with paragraph 5(a) of the Court's[LINK:Case Management Order] . In light of the foregoing, the status conference scheduled on March 20, 2025, is adjourned, and a discovery dispute hearing is scheduled for April 11, 2025, at 11:30 a.m. The hearing will be conducted via Microsoft Teams. The Court will provide dial-in information in advance. So Ordered by Magistrate Judge Jose R. Almonte on 3/18/2025. (akw, ) |
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| Monday, March 17, 2025 | ||
| 39 | 39
misc
Letter
Mon 03/17 5:14 PM
Letter from Parties Regarding Case Status. (SELIGMANN, READE) |
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| 38 | 38
1
pgs
order
Order
Mon 03/17 4:36 PM
LETTER ORDER granting the37 Letter request that the Court allow the Parties to file the joint letter on 3/17/2025. Signed by Magistrate Judge Jose R. Almonte on 3/14/2025. (wh) |
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| Thursday, March 13, 2025 | ||
| 37 | 37
misc
Letter
Thu 03/13 9:34 PM
Letter from the Parties Requesting Additional Time to File Joint Status Update. (SELIGMANN, READE) |
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| Monday, January 27, 2025 | ||
| 36 | 36
order
Text Order ~Util - Set Hearings
Wed 01/29 4:19 PM
TEXT ORDER: Defendant's request to stay discovery pending a decision on its Motion to Dismiss at ECF No.11 is GRANTED IN PART. The parties shall proceed with limited discovery only as to whether the named Plaintiffs in this matter executed valid opt-outs of Defendant's arbitration agreement. Limited discovery as to this issue shall by completed by March 13, 2025. A status conference is scheduled for March 20, 2025, at 3:30 p.m. For the conference, please dial 973-437-5535 and enter Phone conference ID: 274 587 787#. No later than March 13, 2025, the parties shall file a joint letter not to exceed five (5) pages summarizing the status of the case and whether the limited discovery as ordered by the Court has been completed. To the extent the parties wish to raise a discovery dispute, they shall do so consistent with the Court's[LINK:Case Management Order] . So Ordered by Magistrate Judge Jose R. Almonte on 1/27/2025. (akw, ) |
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minutes
Status Conference
Wed 01/29 4:09 PM
Minute Entry for proceedings held before Magistrate Judge Jose R. Almonte. An initial scheduling conference was held on January 27, 2025. The Court addressed Defendant's request to stay discovery pending a decision on Defendant's Motion to Dismiss at ECF No.11 . The request is granted in part. The parties shall proceed with limited discovery only as to whether the named Plaintiffs in this matter executed valid opt-outs of Defendant's arbitration agreement. (Court Reporter, Microsoft, Teams.) (akw, ) |
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| Friday, January 03, 2025 | ||
| 35 | 35
order
Text Order ~Util - Set Hearings
Fri 01/03 3:28 PM
TEXT ORDER: Plaintiff's request for an adjournment of the initial scheduling conference (ECF No.34 ) is granted. The initial scheduling conference is adjourned to January 27, 2025, at 10:30 a.m. For the conference, please dial 973-437-5535 and enter Phone conference ID: 286 632 837#. So Ordered by Magistrate Judge Jose R. Almonte on 1/3/2025. (akw, ) |
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| 34 | 34
misc
Letter
Fri 01/03 11:07 AM
Letter from Plaintiffs re 29 Text Order,, Set Hearings,. (KOHN, GREG) |
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| 33 | 33
notice
Notice of Appearance
Fri 01/03 10:32 AM
NOTICE of Appearance by GREG MICHAEL KOHN on behalf of All Plaintiffs (KOHN, GREG) |
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| Tuesday, December 31, 2024 | ||
| 32 | 32
discov
Joint Discovery Plan
Tue 12/31 1:55 PM
Joint Discovery Plan by T-MOBILE USA INC..(SELIGMANN, READE) |
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| Monday, December 23, 2024 | ||
| 31 | 31
misc
Letter
Mon 12/23 3:56 PM
Letter from Plaintiffs re30 Letter,. (KOHN, GREG) |
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| Sunday, December 22, 2024 | ||
| 30 | 30
misc
Letter
Sun 12/22 6:08 PM
Letter from Reade W. Seligmann requesting an adjournment of the January 6, 2025, Initial Scheduling Conference, and the deadlines related to the parties' submission of a Joint Discovery Plan re19 Order,, Set Hearings,, Set/Clear Flags,. (SELIGMANN, READE) |
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| Wednesday, December 11, 2024 | ||
| 29 | 29
order
Text Order ~Util - Set Hearings
Wed 12/11 1:06 PM
TEXT ORDER: TIME CHANGE ONLY. The status conference set for January 6, 2025, will begin at 11:00 a.m. For the conference, please dial 973-437-5535 and enter Phone conference ID: 286 632 837#. So Ordered by Magistrate Judge Jose R. Almonte on 12/11/2024. (akw, ) |
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| Thursday, November 21, 2024 | ||
| 28 | 28
respm
Reply to Response to Motion
Thu 11/21 5:54 PM
REPLY to Response to Motion filed by T-MOBILE USA INC. re11 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Compel Arbitration (SELIGMANN, READE) |
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Att: 1
Certificate of Service
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| Wednesday, November 13, 2024 | ||
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notice
Notice of Pro Hac Vice counsel added
Wed 11/13 10:11 AM
Pro Hac Vice counsel, KRISTINE M. BROWN and DAVID B. CARPENTER, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (wh) |
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| Tuesday, November 12, 2024 | ||
| 27 | 27
notice
Notice of Pro Hac Vice to Receive NEF
Tue 11/12 5:07 PM
Notice of Request by Pro Hac Vice David B. Carpenter to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15802550.) (SELIGMANN, READE) |
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| 26 | 26
notice
Notice of Pro Hac Vice to Receive NEF
Tue 11/12 5:03 PM
Notice of Request by Pro Hac Vice Kristine M. Brown to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-15802512.) (SELIGMANN, READE) |
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| Friday, November 08, 2024 | ||
| 25 | 25
3
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Fri 11/08 3:22 PM
ORDER granting23 and24 Motions for Leave to Appear Pro Hac Vice of David B. Carpenter, Esq. and Kristine M. Brown, Esq. Signed by Magistrate Judge Jose R. Almonte on 11/8/2024. (sm) |
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| Thursday, November 07, 2024 | ||
| 24 | 24
motion
Appear Pro Hac Vice
Thu 11/07 2:58 PM
MOTION for Leave to Appear Pro Hac Vice for Kristine M. Brown by T-MOBILE USA INC..(SELIGMANN, READE) |
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Att: 1
Declaration of Reade W. Seligmann,
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Att: 2
Declaration of Kristine M. Brown,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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| 23 | 23
motion
Appear Pro Hac Vice
Thu 11/07 2:55 PM
MOTION for Leave to Appear Pro Hac Vice for David B. Carpenter by T-MOBILE USA INC..(SELIGMANN, READE) |
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Att: 1
Declaration of Reade W. Seligmann,
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Att: 2
Declaration of David B. Carpenter,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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| Monday, November 04, 2024 | ||
| 22 | 22
respm
Brief in Opposition to Motion
Mon 11/04 4:23 PM
BRIEF in Opposition filed by GERALD DWYER, HARRY HYADUCK, SR, LARRY KAHHAN, CHRISTOPHER ODDO re11 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Compel Arbitration (NAGEL, BRUCE) |
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| Thursday, October 31, 2024 | ||
| 21 | 21
order
Order
Thu 10/31 5:05 PM
TEXT ORDER: The motion to stay [ECF 20] is denied. Per ECF 18, the Plaintiffs shall file their opposition brief on or before November 4, 2024, and the Defendant shall file its reply on or before November 21. So Ordered by Judge Michael E. Farbiarz on 10/31/2024. (ro, ) |
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| Wednesday, October 30, 2024 | ||
| 20 | 20
misc
Letter
Wed 10/30 12:06 PM
Letter from Randee Matloff re jurisdictional discovery. (MATLOFF, RANDEE) |
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| Monday, October 21, 2024 | ||
| 19 | 19
3
pgs
order
Order ~Util - Set Hearings ~Util - Set/Clear Flags
Tue 10/22 10:19 AM
LETTER ORDER Pursuant to Local Civil Rule 16.1. On 1/6/2025 at 3:00 PM there shall be an Initial Scheduling Conference before Magistrate Judge Jose R. Almonte. The conference will be held telephonically. Signed by Magistrate Judge Jose R. Almonte on 10/21/2024. (wh) |
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| Monday, October 07, 2024 | ||
| 18 | 18
2
pgs
order
Order
Mon 10/07 10:10 AM
LETTER ORDER granting the parties'17 Letter requesting that Plaintiffs' opposition deadline be extended until 11/4/2024 and Defendant's reply be extended until 11/21/2024 with respect to Defendant's pending11 Motion to Dismiss. Signed by Judge Michael E. Farbiarz on 10/7/2024. (wh) |
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| Thursday, October 03, 2024 | ||
| 17 | 17
misc
Letter
Thu 10/03 3:46 PM
Letter from Randee Matloff jointly requesting extension of time for briefs. (MATLOFF, RANDEE) |
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| Monday, September 16, 2024 | ||
| 16 | 16
misc
Letter
Mon 09/16 5:13 PM
Letter from Reade W. Seligmann in Response to the Court's Order dated 9/12/24 (ECF 14). (SELIGMANN, READE) |
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| Thursday, September 12, 2024 | ||
| 15 | 15
2
pgs
order
Order
Thu 09/12 2:22 PM
LETTER ORDER granting Plaintiffs'13 Letter Request for an automatic extension of the date opposition papers are due on Defendant's11 MOTION to Dismiss. The new motion date will be 10/21/2024 and Plaintiff's opposition would be due two weeks prior to that date which is 10/7/2024. Signed by Judge Michael E. Farbiarz on 9/12/2024. (wh) |
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| 14 | 14
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pgs
order
Order
Thu 09/12 11:52 AM
ORDER that the11 Motion to Dismiss to Compel Arbitration is denied without prejudice pending the resolution of the Motion to Dismiss for lack of personal jurisdiction. There is no need for the Plaintiff to respond now to the motion to compel arbitration. The Defendant shall file a letter of no more than two pages on or before 9/16/2024 addressing whether the Defendant will continue with its personal jurisdiction objection - or if the Defendant will waive it. Signed by Judge Michael E. Farbiarz on 9/12/2024. (wh) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Thu 09/12 2:24 PM
Reset Deadlines as to11 MOTION to Dismiss for Lack of Jurisdiction. Motion reset for 10/21/2024 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) |
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| Wednesday, September 11, 2024 | ||
| 13 | 13
respm
Letter Rule 7.1
Wed 09/11 8:28 AM
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re11 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Compel Arbitration . (MATLOFF, RANDEE) |
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| Monday, September 09, 2024 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 09/09 2:12 PM
Set Deadlines as to11 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Compel Arbitration. Motion set for 10/7/2024 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (wh) |
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| Friday, September 06, 2024 | ||
| 12 | 12
misc
Exhibit (to Document)
Fri 09/06 8:17 PM
Exhibit to11 Motion to Dismiss/Lack of Jurisdiction,,,,,, Motion to Compel Arbitration,,,,, Exhibit 21 to Sanchez Declaration, by T-MOBILE USA INC.. to Sanchez Declaration, #2 Exhibit 23) to Sanchez Declaration, #3 Exhibit 24) to Sanchez Declaration, #4 Exhibit 25) to Sanchez Declaration, #5 Exhibit 26) to Sanchez Declaration, #6 Exhibit 27) to Sanchez Declaration, #7 Exhibit 28) to Sanchez Declaration, #8 Exhibit 29) to Sanchez Declaration, #9 Exhibit 30) to Sanchez Declaration, #10 Exhibit 31) to Sanchez Declaration, #11 Exhibit 32) to Sanchez Declaration, #12 Exhibit 33) to Sanchez Declaration, #13 Exhibit 34) to Sanchez Declaration, #14 Exhibit 35) to Sanchez Declaration, #15 Exhibit 36) to Sanchez Declaration, #16 Exhibit 37) to Sanchez Declaration, #17 Exhibit 38) to Sanchez Declaration, #18 Exhibit 39) to Sanchez Declaration, #19 Exhibit 40) to Sanchez Declaration)(SELIGMANN, READE) NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2) |
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Att: 1
Exhibit 22
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| 11 | 11
motion
Dismiss/Lack of Jurisdiction Compel Arbitration
Fri 09/06 7:52 PM
MOTION to Dismiss for Lack of Jurisdiction and ( Responses due by 9/23/2024.), MOTION to Compel Arbitration by T-MOBILE USA INC.. to Memorandum of Law, #3 Exhibit B) to Memorandum of Law, #4 Declaration of Judy Sanchez in Support, #5 Exhibit 1) to Sanchez Declaration, #6 Exhibit 2) to Sanchez Declaration, #7 Exhibit 3) to Sanchez Declaration, #8 Exhibit 4) to Sanchez Declaration, #9 Exhibit 5) to Sanchez Declaration, #10 Exhibit 6) to Sanchez Declaration, #11 Exhibit 7) to Sanchez Declaration, #12 Exhibit 8) to Sanchez Declaration, #13 Exhibit 9) to Sanchez Declaration, #14 Exhibit 10) to Sanchez Declaration, #15 Exhibit 11) to Sanchez Declaration, #16 Exhibit 12) to Sanchez Declaration, #17 Exhibit 13) to Sanchez Declaration, #18 Exhibit 14) to Sanchez Declaration, #19 Exhibit 15) to Sanchez Declaration, #20 Exhibit 16) to Sanchez Declaration, #21 Exhibit 17) to Sanchez Declaration, #22 Exhibit 18) to Sanchez Declaration, #23 Exhibit 19) to Sanchez Declaration, #24 Exhibit 20) to Sanchez Declaration, #25 Text of Proposed Order, #26 Certificate of Service)(SELIGMANN, READE) |
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Att: 1
Memorandum Of Law In Support,
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Att: 2
Exhibit A
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| Tuesday, August 06, 2024 | ||
| 10 | 10
order
Stipulation and Order
Tue 08/06 12:00 PM
JOINT STIPULATION AND ORDER to Extend Time to Answer or Otherwise Respond to Class Action Complaint, extending T-Mobile's deadline to answer or otherwise respond to Plaintiffs' Complaint through and including 9/6/2024. Signed by Magistrate Judge Jose R. Almonte on 8/6/2024. (wh) |
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utility
Update Answer Due Deadline
Tue 08/06 12:03 PM
Answer Due Deadline Update - The answer due date has been reset for 9/6/2024 as to Defendant T-MOBILE USA INC. pursuant to the10 JOINT STIPULATION AND ORDER. (wh) |
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| Monday, August 05, 2024 | ||
| 9 | 9
misc
Stipulation
Mon 08/05 3:19 PM
STIPULATION to Extend Time to Answer or Otherwise Respond to Class Action Complaint by T-MOBILE USA INC.. (SELIGMANN, READE) |
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| 8 | 8
misc
Corporate Disclosure Statement (aty)
Mon 08/05 3:12 PM
Corporate Disclosure Statement by T-MOBILE USA INC. identifying T-Mobile US, Inc. as Corporate Parent.. (SELIGMANN, READE) |
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| 7 | 7
notice
Notice of Appearance
Mon 08/05 2:44 PM
NOTICE of Appearance by READE WILLIAM SELIGMANN on behalf of T-MOBILE USA INC. (SELIGMANN, READE) |
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| Tuesday, July 23, 2024 | ||
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qc
QC - Incorrect Event Selected
Tue 07/23 11:29 AM
CLERK'S QUALITY CONTROL MESSAGE - The6 Summons Returned Executed filed by RANDEE MATLOFF on 7/22/2024 was submitted incorrectly as an Affidavit of Service. For future reference, if filing a Return of Service or Affidavit of Service indicating the date of service of the Summons and the Complaint, please refer to the event "Summons Returned Executed" (or "Summons Returned Executed as to USA", when applicable). (wh) |
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| Monday, July 22, 2024 | ||
| 6 | 6
service
Affidavit of Service
Mon 07/22 12:34 PM
AFFIDAVIT of Service for Affidavit of Service served on T-Mobile USA Inc. on 7-17-24, filed by GERALD DWYER, HARRY HYADUCK, SR, LARRY KAHHAN, CHRISTOPHER ODDO. (MATLOFF, RANDEE) |
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| Monday, July 15, 2024 | ||
| 5 | 5
service
Summons Issued
Mon 07/15 12:45 PM
SUMMONS ISSUED as to T-MOBILE USA INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh) |
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| Friday, July 12, 2024 | ||
| 4 | 4
notice
Notice of Appearance
Fri 07/12 6:02 PM
NOTICE of Appearance by JOSEPH R. SANTOLI on behalf of All Plaintiffs (SANTOLI, JOSEPH) |
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| 3 | 3
notice
Notice of Appearance
Fri 07/12 11:55 AM
NOTICE of Appearance by RANDEE M. MATLOFF on behalf of All Plaintiffs (MATLOFF, RANDEE) |
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| 2 | 2
misc
Diversity Disclosure Statement
Fri 07/12 9:26 AM
Diversity Disclosure Statement by GERALD DWYER, HARRY SR. HYADUCK, LARRY KAHHAN, CHRISTOPHER ODDO. (NAGEL, BRUCE) |
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| 1 | 1
48
pgs
cmp
Complaint
Fri 07/12 9:24 AM
COMPLAINT against All Defendants ( Filing and Admin fee $ 405 receipt number ANJDC-15511891) with JURY DEMAND, filed by CHRISTOPHER ODDO, GERALD DWYER, LARRY KAHHAN, HARRY SR. HYADUCK.(NAGEL, BRUCE) |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Fri 07/12 11:15 AM
Case Assigned to Judge Michael E. Farbiarz and Magistrate Judge Jose R. Almonte. (ak, ) |
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