Gale et al v. Mentor Worldwide, LLC
| Kansas District Court | |
| Judge: | Kathryn H Vratil |
| Referred: | Teresa J James |
| Case #: | 2:19-cv-02088 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Feb 14, 2019 |
| Terminated: | Sep 24, 2019 |
| Case in other court: | 10CCA, 19-03240 |
| Last checked: Tuesday Aug 13, 2019 4:18 AM CDT |
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Defendant
Mentor Worldwide, LLC
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Represented By
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Plaintiff
Amber Brooks, MO
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Represented By
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Plaintiff
Jamie Gale, KS
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Represented By
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GPO
Jun 21 2019
MEMORANDUM AND ORDER granting 28 Defendant Mentor Worldwide LLC's Motion to Stay Discovery and Other Rule 26 Activities. Signed by Magistrate Judge Teresa J. James on 6/21/2019. (ts) |
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GPO
Sep 23 2019
MEMORANDUM AND ORDER dismissing as moot 8 Motion to Sever Claims And Motion To Dismiss Or Transfer Plaintiff Brooks' Claims For Improper Venue; sustaining 10 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Kathryn H. Vratil on 9/23/19. (hw) |
| Docket last updated: 2 hours ago |
| Monday, November 08, 2021 | ||
| 49 | 49
appeal
Letter re Writ of Certiorari
Mon 11/08 4:04 PM
LETTER FROM 10CCA advising petition for writ of certiorari denied re42 Notice of Appeal; assigned Supreme Court No. 20-1822 (Appeal No. 19-3240 . (ca) |
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| Friday, July 02, 2021 | ||
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appeal
Letter re Writ of Certiorari
Fri 07/02 3:03 PM
LETTER FROM 10CCA advising petition for writ of certiorari filed re42 Notice of Appeal; assigned Supreme Court No. 20-1822 (Appeal No. 19-3240 . (ca) |
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| Wednesday, February 17, 2021 | ||
| 47 | 47
appeal
Mandate
Wed 02/17 3:17 PM
APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court (Appeal No. 19-3240 .(hw) |
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Att: 1
Transmittal Letter
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| Friday, November 08, 2019 | ||
| 46 | 46
appeal
Letter re Record Complete
Fri 11/08 2:28 PM
LETTER TO 10CCA stating record is complete re42 Notice of Appeal - Final Judgment ( Appeal No. 19-3240 (hw) |
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| Thursday, November 07, 2019 | ||
| 45 | 45
appeal
Transcript Order Form
Thu 11/07 3:15 PM
TRANSCRIPT ORDER FORM: No Transcript Required filed by Amber Brooks, Jamie Gale re42 Notice of Appeal - Final Judgment (Preuss, Thomas) |
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| Friday, October 25, 2019 | ||
| 44 | 44
appeal
Appeal Number Information
Fri 10/25 8:24 AM
APPEAL DOCKETED in 10CCA on 10/24/19 and assigned Appeal No. 19-3240 re42 Notice of Appeal - filed by Jamie Gale, Amber Brooks. (hw) |
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| Thursday, October 24, 2019 | ||
| 43 | 43
appeal
Preliminary Record on Appeal Sent
Thu 10/24 12:55 PM
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re42 Notice of Appeal - Final Judgment.(hw) |
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Att: 1
Preliminary Record
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| Wednesday, October 23, 2019 | ||
| 42 | 42
appeal
Notice of Appeal - Final Judgment
Wed 10/23 12:43 PM
NOTICE OF APPEAL as to40 Order on Motion to Sever,, Order on Motion to Dismiss for Failure to State a Claim, by Plaintiffs Amber Brooks, Jamie Gale. Filing fee $ 505, Internet Payment Receipt Number AKSDC-4957995. (Preuss, Thomas) |
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| Tuesday, September 24, 2019 | ||
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1
pgs
order
Judgment
Tue 09/24 4:07 PM
JUDGMENT. Signed by deputy clerk on 9/24/19. (hw) |
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| Monday, September 23, 2019 | ||
| 40 | 40
14
pgs
order
Order on Motion to Sever Order on Motion to Dismiss for Failure to State a Claim
Mon 09/23 4:30 PM
MEMORANDUM AND ORDER dismissing as moot8 Motion to Sever Claims And Motion To Dismiss Or Transfer Plaintiff Brooks' Claims For Improper Venue; sustaining10 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Kathryn H. Vratil on 9/23/19. (hw) |
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| 39 | 39
notice
Notice of Cancelled Hearing
Mon 09/23 10:10 AM
NOTICE of Hearing Cancellation. THIS IS AN OFFICIAL NOTICE. The motion hearing set for 9/24/2019 at 10:00 AM in KC Courtroom 440 on defendant's8 Motion to Sever Claims And Motion To Dismiss Or Transfer Plaintiff Brooks' Claims For Improper Venue is CANCELLED. (This is a TEXT ENTRY ONLY.) (sr) |
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| Wednesday, August 14, 2019 | ||
| 38 | 38
notice
Notice of Additional Authorities
Wed 08/14 1:47 PM
NOTICE OF ADDITIONAL AUTHORITIES by Mentor Worldwide, LLC re11 Memorandum in Support of Motion,(Mouber, Bryan) |
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Att: 1
Exhibit Tammi Jacob et al v. Mentor Worldwide, et al,
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Att: 2
Exhibit Nicole Vieira, et al v. Mentor Worldwide
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| Monday, August 05, 2019 | ||
| 37 | 37
notice
Notice of Hearing on Motion
Mon 08/05 3:55 PM
NOTICE of Hearing. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. 8 MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue : Motion Hearing set for 9/24/2019 at 10:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(as) |
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| Tuesday, July 02, 2019 | ||
| 36 | 36
respm
Reply to Response to Motion
Tue 07/02 5:20 PM
REPLY TO RESPONSE TO MOTION by Defendant Mentor Worldwide, LLC re:10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Mouber, Bryan) |
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| Wednesday, June 26, 2019 | ||
| 35 | 35
notice
Notice of Supplemental Authority
Wed 06/26 4:07 PM
NOTICE OF SUPPLEMENTAL AUTHORITY by Jamie Gale, Amber Brooks re: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 10 filed by Defendant Mentor Worldwide, LLC(Preuss, Thomas) |
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Att: 1
Attachment
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| Friday, June 21, 2019 | ||
| 34 | 34
8
pgs
order
Order on Motion to Stay Discovery
Fri 06/21 4:52 PM
MEMORANDUM AND ORDER granting28 Defendant Mentor Worldwide LLC's Motion to Stay Discovery and Other Rule 26 Activities. Signed by Magistrate Judge Teresa J. James on 6/21/2019. (ts) |
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| Wednesday, June 19, 2019 | ||
| 33 | 33
respm
Response to Motion
Wed 06/19 9:43 AM
RESPONSE by Defendant Mentor Worldwide, LLC re28 MOTION to Stay Discovery In Support (Mouber, Bryan) |
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| Wednesday, June 12, 2019 | ||
| 31 | 31
13
pgs
respm
Memorandum in Opposition to Motion
Wed 06/12 4:32 PM
MEMORANDUM IN OPPOSITION by Plaintiffs Amber Brooks, Jamie Gale re28 MOTION to Stay Discovery (Preuss, Thomas) |
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| Thursday, June 06, 2019 | ||
| 29 | 29
10
pgs
support
Memorandum in Support of Motion
Thu 06/06 4:23 PM
MEMORANDUM IN SUPPORT of28 MOTION to Stay Discovery by Defendant Mentor Worldwide, LLC(Mouber, Bryan) |
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| 28 | 28
motion
Stay Discovery
Thu 06/06 4:21 PM
MOTION to Stay Discovery by Defendant Mentor Worldwide, LLC (Mouber, Bryan) |
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| Thursday, May 30, 2019 | ||
| 27 | 27
minutes
Status Conference
Thu 05/30 3:06 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Teresa J. James: Telephone STATUS CONFERENCE held on 5/30/2019. Plaintiffs appeared through counsel, Anthony Anderson Benton Dogali, Jennifer A. Lenze, and Thomas J. Preuss. Defendant appeared through counsel, Bryan A. Mouber and Dustin B. Rawlin. After discussing with counsel issues relevant to the preemption argument in Defendant's Motion to Dismiss Plaintiffs' Complaint (ECF No. 10) and discovery issues, the Court set a briefing deadline for a motion to a stay. Any motion to stay shall be filed no later than June 6, 2019, with a response due within five business days. Any reply shall be filed within five business days of the response. No discovery shall be conducted until the Court rules on the motion to stay. If the Court denies the motion, the Court will set a Scheduling Conference and attendant deadlines. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts) |
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| Monday, May 20, 2019 | ||
| 26 | 26
respm
Response to Motion
Mon 05/20 10:57 AM
RESPONSE by Defendant Mentor Worldwide, LLC re8 MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue In Support (Mouber, Bryan) |
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| 25 | 25
respm
Response to Motion
Mon 05/20 10:51 AM
RESPONSE by Defendant Mentor Worldwide, LLC re10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Support(Mouber, Bryan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, May 13, 2019 | ||
| 24 | 24
order
Recusal
Mon 05/13 1:35 PM
ORDER OF RECUSAL. District Judge Carlos Murguia recused. Case reassigned to District Judge Kathryn H. Vratil for all further proceedings. Signed by District Judge Carlos Murguia on 5/13/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh) |
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| 23 | 23
order
Setting Status Conference
Mon 05/13 9:30 AM
ORDER SETTING STATUS CONFERENCE: In light of the pending Defendant Mentor Worldwide LLC's Motion to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue (ECF No. 8), the Court will not set a Scheduling Conference at this time. Instead, a Status Conference is set for 5/30/2019 at 10:00 AM by telephone before Magistrate Judge Teresa J. James. COUNSEL WHO WILL PARTICIPATE MUST DIAL 888-363-4749 and enter Access Code 4901386 to join the conference. Signed by Magistrate Judge Teresa J. James on 5/13/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ts) |
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| Friday, May 10, 2019 | ||
| 22 | 22
order
Order on Motion to Appear Pro Hac Vice
Fri 05/10 9:19 AM
ORDER granting21 Motion to Appear Pro Hac Vice of Amanda D. McGee for Amber Brooks,Amanda D. McGee for Jamie Gale pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 5/10/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw) |
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| Thursday, May 09, 2019 | ||
| 21 | 21
motion
Pro Hac Vice
Thu 05/09 4:42 PM
MOTION for attorney Amanda McGee to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number BKSDC-4802822.) by Plaintiffs Amber Brooks, Jamie Gale (Preuss, Thomas) |
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Att: 1
Affidavit,
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Att: 2
ECF Registration Form
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| Wednesday, May 08, 2019 | ||
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misc
Notice of Docket Text Modification
Wed 05/08 8:57 AM
NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding documents 14-17 which were all filed as Responses. Document15 is an Affidavit in Support of document14 Response to Motion and document17 is an Affidavit in Support of document16 Response to Motion. Lastly, the exhibits filed in16 have been added to17 per counsel's request. (tvn) |
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| Tuesday, May 07, 2019 | ||
| 20 | 20
order
Order on Motion to Appear Pro Hac Vice
Tue 05/07 3:34 PM
ORDER granting18 Motion to Appear Pro Hac Vice of Jennifer A. Lenze for Amber Brooks,Jamie Gale pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 05/07/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn) |
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| 19 | 19
order
Order on Motion to Appear Pro Hac Vice
Tue 05/07 3:31 PM
ORDER granting13 Motion to Appear Pro Hac Vice of Dustin B. Rawlin for Mentor Worldwide, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 05/07/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tvn) |
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| 18 | 18
motion
Pro Hac Vice
Tue 05/07 1:49 PM
MOTION for attorney Jennifer A. Lenze to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4800060.) by Plaintiffs Amber Brooks, Jamie Gale (Preuss, Thomas) |
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Att: 1
Affidavit Affidavit,
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Att: 2
ECF Registration Form ECF Registration Form
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| Monday, May 06, 2019 | ||
| 17 | 17
respm
Response to Motion
Mon 05/06 4:19 PM
RESPONSE by Plaintiffs Amber Brooks, Jamie Gale re10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Notice of Filing Declaration of Barbara U. Uberoi In Support of Opposition to Defendant Mentor Worldwide LLC's Motion to Dismiss Plaintiffs' Claims (Preuss, Thomas) |
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| 16 | 16
respm
Response to Motion
Mon 05/06 4:15 PM
RESPONSE by Plaintiffs Amber Brooks, Jamie Gale re10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Opposition to Defendant Mentor Worldwide LLC's Rule 12(B)(6) Motion to Dismiss(Preuss, Thomas) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C
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| 15 | 15
respm
Response to Motion
Mon 05/06 4:12 PM
RESPONSE by Plaintiffs Amber Brooks, Jamie Gale re8 MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue Notice of Filing Plaintiffs' Declaration in Support of Opposition to Defendant Mentor Worldwide LLC's Motion to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue (Preuss, Thomas) |
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| 14 | 14
respm
Response to Motion
Mon 05/06 4:08 PM
RESPONSE by Plaintiffs Amber Brooks, Jamie Gale re8 MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue Plaintiffs' Objection to Def Mentor Worldwide LLC's Motion to Sever Claims and Motion to Dismiss or Transfer Plaintiff's Claims for Improper Venue (Preuss, Thomas) |
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| 13 | 13
motion
Pro Hac Vice
Mon 05/06 3:11 PM
MOTION for attorney Dustin B. Rawlin to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number BKSDC-4798684.) by Defendant Mentor Worldwide, LLC (Mouber, Bryan) |
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Att: 1
Affidavit Affidavit of Dustin B. Rawlin,
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Att: 2
ECF Registration Form
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| Friday, April 19, 2019 | ||
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utility
Motions No Longer Referred
Fri 04/19 7:54 AM
MOTION REFERRAL to Magistrate Judge REMOVED as to: 8 MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue. The motion will be resolved by the District Judge. (ts) |
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| Monday, April 15, 2019 | ||
| 12 | 12
misc
Designation of Place of Trial
Mon 04/15 2:28 PM
DESIGNATION OF PLACE OF TRIAL filed by Defendant Mentor Worldwide, LLC - trial to be held in Kansas City. (Mouber, Bryan) |
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| 11 | 11
28
pgs
support
Memorandum in Support of Motion
Mon 04/15 2:27 PM
MEMORANDUM IN SUPPORT of10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mentor Worldwide, LLC(Mouber, Bryan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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| 10 | 10
motion
Dismiss for Failure to State a Claim
Mon 04/15 2:22 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Mentor Worldwide, LLC (Mouber, Bryan) |
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| 9 | 9
misc
Corporate Disclosure Statement
Mon 04/15 2:20 PM
CORPORATE DISCLOSURE STATEMENT by Mentor Worldwide, LLC identifying Johnson & Johnson as corporate parent . (Mouber, Bryan) |
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| 8 | 8
motion
Sever
Mon 04/15 2:19 PM
MOTION to Sever Claims and Motion to Dismiss or Transfer Plaintiff Brooks' Claims for Improper Venue by Defendant Mentor Worldwide, LLC (Mouber, Bryan) |
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| Thursday, March 14, 2019 | ||
| 7 | 7
order
Order on Motion to Appear Pro Hac Vice
Thu 03/14 7:09 AM
ORDER granting5 Motion to Appear Pro Hac Vice of Barbara Ursula Uberoi for Amber Brooks,Barbara Ursula Uberoi for Jamie Gale pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 3/14/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw) |
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| 6 | 6
order
Order on Motion to Appear Pro Hac Vice
Thu 03/14 7:08 AM
ORDER granting4 Motion to Appear Pro Hac Vice of Anthony Anderson Benton Dogali for Amber Brooks,Anthony Anderson Benton Dogali for Jamie Gale pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Teresa J. James on 3/14/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw) |
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| Wednesday, March 13, 2019 | ||
| 5 | 5
motion
Pro Hac Vice
Wed 03/13 4:38 PM
MOTION for attorney BARBARA URSULA UBEROI to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4741888.) by Plaintiffs Amber Brooks, Jamie Gale (Preuss, Thomas) |
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Att: 1
Affidavit,
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Att: 2
ECF Registration Form
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| 4 | 4
motion
Pro Hac Vice
Wed 03/13 4:36 PM
MOTION for attorney ANTHONY ANDERSON BENTON DOGALI to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4741881.) by Plaintiffs Amber Brooks, Jamie Gale (Preuss, Thomas) |
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Att: 1
Affidavit,
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Att: 2
ECF Registration Form
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| Friday, February 15, 2019 | ||
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notice
Notice of Judge Assignment
Fri 02/15 8:27 AM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Carlos Murguia and Magistrate Judge Teresa J. James for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca) |
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service
Summons Issued
Fri 02/15 8:31 AM
SUMMONS ISSUED as to Mentor Worldwide, LLC. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ca) |
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| Thursday, February 14, 2019 | ||
| 3 | 3
misc
Designation of Place of Trial
Thu 02/14 4:22 PM
DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Amber Brooks, Jamie Gale - trial to be held in Kansas City. (Preuss, Thomas) |
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| 2 | 2
misc
Civil Cover Sheet
Thu 02/14 4:17 PM
CIVIL COVER SHEET by Plaintiffs Amber Brooks, Jamie Gale. (Preuss, Thomas) |
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| 1 | 1
cmp
Complaint (attorney)
Thu 02/14 4:11 PM
COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number BKSDC-4714955.), filed by Jamie Gale, Amber Brooks.(Preuss, Thomas) |
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