California Southern District Court
Judge:Jeffrey T Miller
Referred: Barbara Lynn Major
Case #: 3:19-cv-01568
Nature of Suit190 Contract - Other Contract
Cause47:0227 FCC-Unsolicited Telephone Sales
Case Filed:Aug 20, 2019
Terminated:May 07, 2020
Last checked: Sunday Feb 16, 2020 12:51 AM PST
Defendant
DSW Shoe Warehouse, Inc.
Represented By
Marshall Baker
Akin Gump Strauss Hauer & Feld LLP
contact info
Michael J Stortz
Akin Gump Strauss Hauer & Feld, LLP
contact info
Michael W. McTigue, Jr
Akin Gump Strauss Hauer & Feld LLP
contact info
Meredith Slawe
Akin Gump Strauss Hauer & Feld LLP
contact info
Defendant
Designer Brands Inc.
Represented By
Marshall Baker
Akin Gump Strauss Hauer & Feld LLP
contact info
Michael J Stortz
Akin Gump Strauss Hauer & Feld, LLP
contact info
Michael W. McTigue, Jr
Akin Gump Strauss Hauer & Feld LLP
contact info
Meredith Slawe
Akin Gump Strauss Hauer & Feld LLP
contact info
Plaintiff
Eric Laguardia
Represented By
Alex M Tomasevic
Nicholas And Tomasevic LLP
contact info
Craig McKenzie Nicholas
Nicholas And Tomasevic
contact info
Manuel Santiago Hiraldo
Hiraldo P.A.
contact info
Plaintiff
Nicole Austin
Represented By
Jeffrey Spencer
The Spencer Law Firm
contact info
Craig McKenzie Nicholas
Nicholas And Tomasevic
contact info
Manuel Santiago Hiraldo
Hiraldo P.A.
contact info
Jeffrey Wilens
Lakeshore Law Center
contact info
Plaintiff
Lindsay Rucker
Represented By
Craig McKenzie Nicholas
Nicholas And Tomasevic
contact info
Manuel Santiago Hiraldo
Hiraldo P.A.
contact info
Plaintiff
Sophia Wingate
Represented By
Craig McKenzie Nicholas
Nicholas And Tomasevic
contact info
Manuel Santiago Hiraldo
Hiraldo P.A.
contact info


Docket last updated: 04/24/2025 11:59 PM PDT
Friday, May 08, 2020
39 39 misc Transfer Letter Received Fri 05/08 9:25 AM
Transfer Letter Received from Southern District of Ohio. Case number in other court is 2:20-cv-02311 (mme)
Related: [-]
Thursday, May 07, 2020
38 38 order Case Transferred Out - District FORM Thu 05/07 4:34 PM
Case transferred to District of Southern District of Ohio. Files transferred electronically to: *District of Southern District of Ohio*.*200 W. Second Street, Room 712**Dayton, Ohio 45402*. Signed by Judge Jeffrey T. Miller on 5/7/2020. (sjt)
Related: [-]
Att: 1 Transfer Order
Friday, March 13, 2020
37 37 notice Notice (Other) Fri 03/13 1:10 PM
NOTICE of Supplemental Authority by Nicole Austin, Eric Laguardia, Lindsay Rucker, Sophia Wingate re32 Response in Opposition to Motion,(Tomasevic, Alex)Attorney Alex M Tomasevic added to party Nicole Austin(pty:pla), Attorney Alex M Tomasevic added to party Lindsay Rucker(pty:pla), Attorney Alex M Tomasevic added to party Sophia Wingate(pty:pla)
Related: [-]
Att: 1 Exhibit A - Mussat v. IQVIA, Inc. Opinion
Friday, March 06, 2020
36 36 notice Notice (Other) Fri 03/06 3:28 PM
NOTICE of Supplemental Authority In Support Of Defendants' Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction by DSW Shoe Warehouse, Inc., Designer Brands Inc. re30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction(Stortz, Michael)
Related: [-]
Att: 1 Exhibit A (Carpenter v Petsmart Order)
Tuesday, January 21, 2020
35 35 order ~Util - Motions Submitted Tue 01/21 1:06 PM
Minute Order by Judge Jeffrey T. Miller: Pursuant to Civil Local Rule 7.1.d.1, the court takes Defendants Motion to Transfer for Improper Venue Or, In the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction (Doc. No.30 ) under submission and vacates the January 27, 2020 hearing. Order to follow in due course.(no document attached) (gac)
Related: [-]
Sunday, January 19, 2020
34 34 notice Notice of Appearance Sun 01/19 3:38 PM
NOTICE of Appearance by Jeffrey Spencer on behalf of Nicole Austin (Spencer, Jeffrey)Attorney Jeffrey Spencer added to party Nicole Austin(pty:pla)
Related: [-]
Friday, January 17, 2020
33 33 respm Reply to Response to Motion Fri 01/17 4:11 PM
REPLY to Response to Motion re30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction filed by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Stortz, Michael)
Related: [-]
Monday, January 13, 2020
32 32 respm Response in Opposition to Motion Mon 01/13 3:31 PM
RESPONSE in Opposition re30 MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction filed by Nicole Austin, Eric Laguardia, Lindsay Rucker, Sophia Wingate.(Tomasevic, Alex)
Related: [-]
Att: 1 Proof of Service
Thursday, January 02, 2020
31 31 notice Notice of Appearance Thu 01/02 7:45 PM
NOTICE of Appearance by Jeffrey Wilens on behalf of Nicole Austin (Wilens, Jeffrey)Attorney Jeffrey Wilens added to party Nicole Austin(pty:pla)
Related: [-]
Friday, December 20, 2019
30 30 motion Miscellaneous Relief Fri 12/20 3:35 PM
MOTION to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction by DSW Shoe Warehouse, Inc., Designer Brands Inc..(Stortz, Michael)
Related: [-]
Att: 1 Memo of Points and Authorities in Support of Motion to Transfer for Improper Venue or, in the Alternative, Transfer for Convenience; and Motion to Dismiss Putative Class Claims for Lack of Personal Jurisdiction,
Att: 2 Request for Judicial Notice,
Att: 3 Exhibit A to Request for Judicial Notice (Wingate & Rucker PACER Docket),
Att: 4 Exhibit B to Request for Judicial Notice (Wingate & Rucker Complaint),
Att: 5 Exhibit C to Request for Judicial Notice (Dargoltz PACER Docket),
Att: 6 Exhibit D to Request for Judicial Notice (Dargoltz Complaint),
Att: 7 Exhibit E to Request for Judicial Notice (Austin PACER Docket),
Att: 8 Exhibit F to Request for Judicial Notice (Austin Complaint),
Att: 9 Exhibit G to Request for Judicial Notice (In Re DSW TCPA Litigation)
Tuesday, November 26, 2019
29 29 1 pgs order Order on Motion for Extension of Time to File Tue 11/26 2:32 PM
ORDER ON JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFSAMENDED COMPLAINT re27 Motion for Extension of Time to File. The deadline for Defendants Designer Brands, Inc. and DSW Shoe Warehouse, Inc. to answer or otherwise respond to the Amended Complaint is extended up to an including December 20, 2019. Signed by Judge Jeffrey T. Miller on 11/26/2019. (sjm)
Related: [-]
28 28 2 pgs order Order on Motion to Stay Order on Motion for Miscellaneous (Other 1) Tue 11/26 12:14 PM
ORDER ON MOTION TO STAY PROCEEDINGS PENDING MDL TRANSFER MOTION. MOTION to Stay Proceedings Pending MDL Transfer Motion by DSW Shoe Warehouse, Inc., Designer Brands Inc.,14 , is Denied Without Prejudice and as Moot. REQUEST FOR JUDICIAL NOTICE by DSW Shoe Warehouse, Inc., Designer Brands Inc.,15 , is Moot. Signed by Judge Jeffrey T. Miller on 11/26/2019. (sjm)
Related: [-]
27 27 motion Extension of Time to File Tue 11/26 11:04 AM
Joint MOTION for Extension of Time to File Response to Plaintiffs' First Amended Complaint by DSW Shoe Warehouse, Inc., Designer Brands Inc..(Stortz, Michael)
Related: [-]
Att: 1 Declaration
26 26 notice Notice of MDL Filing Tue 11/26 10:58 AM
NOTICE of MDL Filing (MDL 2922), In Re: DSW Telephone Consumer Protection Act (TCPA) Litigation: United States Judicial Panel on Multidistrict Litigation's Order Deeming Motion Withdrawn and Vacating the December 5, 2019, Hearing Session Order. (jdt)
Related: [-]
25 25 notice Notice of Appearance Tue 11/26 10:46 AM
NOTICE of Appearance by Michael J Stortz on behalf of DSW Shoe Warehouse, Inc., Designer Brands Inc.(Stortz, Michael)Attorney Michael J Stortz added to party DSW Shoe Warehouse, Inc. (pty:dft), Attorney Michael J Stortz added to party Designer Brands Inc. (pty:dft)
Related: [-]
Att: 1 Proof of Service
Thursday, November 21, 2019
24 24 misc Pro Hac Vice Approved - Clerk Thu 11/21 1:15 PM
PRO HAC APPROVED: Manuel Santiago Hiraldo appearing for Plaintiffs Eric Laguardia, Sophia Wingate, Lindsay Rucker, Nicole Austin (no document attached) (jrd)
Related: [-]
23 23 notice Request to Appear Pro Hac Vice Thu 11/21 12:27 PM
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13190611.) (Application to be reviewed by Clerk.) (Hiraldo, Manuel)
Related: [-]
22 22 cmp Amended Complaint Thu 11/21 11:20 AM
AMENDED COMPLAINT with Jury Demand (Class Action) against All Defendants, filed by Eric Laguardia, Sophia Wingate, Lindsay Rucker, Nicole Austin.New Summons Requested. (Nicholas, Craig)
Related: [-]
Att: 1 Proof of Service
Friday, November 15, 2019
21 21 2 pgs order Order on Motion to Strike Document Fri 11/15 1:49 PM
ORDER ON UNOPPOSED MOTION TO STRIKE PLAINTIFFS OPPOSITION TO DEFENDANTSMOTION AND REQUEST FOR LEAVE TO FILE A CORRECTED DOCUMENT re [19 MOTION to Strike Document (Unopposed) & Request for Leave to File Corrected Document Plaintiff shall file the amended version of his motion no later than November 22, 2019. Defendants shall have up to an including November 29, 2019 to file their reply. The hearing on the matter currently set for November 25, 2019 at 11:00 a.m. is, therefore, VACATED. Signed by Judge Jeffrey T. Miller on 11/15/2019. (sjm) (sjm)
Related: [-]
Att: 1 (11/15/2019) RESPONSE in Opposition
20 20 respm Reply - Other Fri 11/15 10:49 AM
REPLY - Other re14 MOTION to Stay Proceedings Pending MDL Transfer Motion filed by DSW Shoe Warehouse, Inc., Designer Brands Inc.. (Baker, Marshall)
Related: [-]
Thursday, November 14, 2019
19 19 motion Strike Document Thu 11/14 9:21 AM
MOTION to Strike Document (Unopposed) & Request for Leave to File Corrected Document by Eric Laguardia.(Nicholas, Craig)
Related: [-]
Att: 1 Proof of Service
Tuesday, November 12, 2019
18 18 respm Response in Opposition to Motion Tue 11/12 6:00 PM
RESPONSE in Opposition re14 MOTION to Stay Proceedings Pending MDL Transfer Motion filed by Eric Laguardia.(Nicholas, Craig)
Related: [-]
Att: 1 Proof of Service
Thursday, October 24, 2019
17 17 notice Notice (Other) Thu 10/24 4:02 PM
NOTICE of Partial Consent Regarding Defendant's Motion to Stay Proceedings by Eric Laguardia re14 MOTION to Stay Proceedings Pending MDL Transfer Motion(Nicholas, Craig)Attorney Craig McKenzie Nicholas added to party Eric Laguardia(pty:pla)
Related: [-]
Att: 1 Proof of Service
16 16 notice Notice of Hearing on Motion Thu 10/24 10:49 AM
NOTICE of Change of Hearing on Motion14 MOTION to Stay Proceedings Pending MDL Transfer Motion,15 MOTION : Motion Hearing set for 11/18/2019 is vacated and continued to 11/25/2019 11:00 AM in Courtroom 5D before Judge Jeffrey T. Miller. (no document attached) (gac)
Related: [-]
Tuesday, October 15, 2019
15 15 notice Request for Judicial Notice Tue 10/15 6:49 PM
REQUEST FOR JUDICIAL NOTICE by DSW Shoe Warehouse, Inc., Designer Brands Inc. re14 MOTION to Stay Proceedings Pending MDL Transfer Motion (Baker, Marshall)
Related: [-]
Att: 1 Index to Exhibits,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Exhibit,
Att: 9 Proof of Service
14 14 motion Stay Tue 10/15 6:38 PM
MOTION to Stay Proceedings Pending MDL Transfer Motion by DSW Shoe Warehouse, Inc., Designer Brands Inc..(Baker, Marshall)
Related: [-]
Att: 1 Memo of Points and Authorities,
Att: 2 Proof of Service
Thursday, October 10, 2019
13 13 notice Notice of Related Case Thu 10/10 7:38 PM
NOTICE OF RELATED CASE(S) by DSW Shoe Warehouse, Inc., Designer Brands Inc. of case(s) CAN 3:19-cv-05324, FLS 0:19-cv-62274, CAC 2:19-cv-08187 . (Baker, Marshall)
Related: [-]
Tuesday, October 01, 2019
12 12 notice Notice of Party With Financial Interest Tue 10/01 2:54 PM
NOTICE of Party With Financial Interest by DSW Shoe Warehouse, Inc., Designer Brands Inc. [Civil Local Rule 40.2] . Identifying Other Affiliate BlackRock, Inc. for Designer Brands Inc. ; Corporate Parent Designer Brands Inc. for DSW Shoe Warehouse, Inc.. (Baker, Marshall)
Related: [-]
11 11 misc Corporate Disclosure Statement Tue 10/01 2:50 PM
Corporate Disclosure Statement by DSW Shoe Warehouse, Inc., Designer Brands Inc. identifying Other Affiliate BlackRock, Inc. for Designer Brands Inc. ; Corporate Parent Designer Brands Inc. for DSW Shoe Warehouse, Inc... (Baker, Marshall)
Related: [-]
Friday, September 20, 2019
10 10 2 pgs order Order re Pro Hac Vice Application Fri 09/20 1:42 PM
ORDER Approving the Pro Hac Vice Application of Michael W. McTigue, Jr. Related [+]. Signed by Judge Jeffrey T. Miller on 9/20/2019.(jrd)
Related: [-] ECF No.7 Request to Appear Pro Hac Vice
Thursday, September 19, 2019
9 9 2 pgs order Order re Pro Hac Vice Application Thu 09/19 10:08 AM
ORDER Approving the Pro Hac Vice Application of Meredith C. Slawe Related [+]. Signed by Judge Jeffrey T. Miller on 9/16/2019.(jrd)
Related: [-] ECF No.8 Request to Appear Pro Hac Vice
Monday, September 09, 2019
8 8 notice Request to Appear Pro Hac Vice Mon 09/09 10:00 AM
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12916825.)(Application to be reviewed by Clerk.)(Slawe, Meredith)(jrd)
Related: [-]
7 7 notice Request to Appear Pro Hac Vice Mon 09/09 9:54 AM
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12916696.)(Application to be reviewed by Clerk.)(McTigue, Michael)(jrd)
Related: [-]
Thursday, September 05, 2019
6 6 1 pgs order Order on Motion for Extension of Time to File Thu 09/05 11:05 AM
ORDER ON JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFSCOMPLAINT re5 Motion for Extension of Time to File. The deadline for Defendants Designer Brands Inc. and DSW Shoe Warehouse, Inc. to answer or otherwise respond to the complaint is extended up to an including October 15, 2019. Signed by Judge Jeffrey T. Miller on 9/5/2019. (sjm)
Related: [-]
Wednesday, September 04, 2019
5 5 motion Extension of Time to File Wed 09/04 4:20 PM
Joint MOTION for Extension of Time to File Defendants Response to Plaintiff's Complaint by DSW Shoe Warehouse, Inc., Designer Brands Inc..(Baker, Marshall)Attorney Marshall Baker added to party DSW Shoe Warehouse, Inc. (pty:dft), Attorney Marshall Baker added to party Designer Brands Inc. (pty:dft)
Related: [-]
Att: 1 Declaration of Marshall L. Baker in Support of Joint Motion to Extend Time for Defendants to Respond to Plaintiff's Complaint
Tuesday, August 27, 2019
4 4 service Summons Returned Executed Tue 08/27 8:28 AM
SUMMONS Returned Executed by Eric Laguardia. DSW Shoe Warehouse, Inc. served. (Tomasevic, Alex)
Related: [-]
Friday, August 23, 2019
3 3 service Summons Returned Executed Fri 08/23 8:37 AM
SUMMONS Returned Executed by Eric Laguardia. Designer Brands Inc. served. (Tomasevic, Alex)
Related: [-]
Wednesday, August 21, 2019
2 2 service Summons Issued Wed 08/21 9:48 AM
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (als)
Related: [-]
Tuesday, August 20, 2019
1 1 cmp Complaint Wed 08/21 9:43 AM
COMPLAINT with Jury Demand against DSW Shoe Warehouse, Inc., Designer Brands Inc. ( Filing fee $ 400 receipt number 0974-12851859.), filed by Eric Laguardia. The new case number is 3:19-cv-01568-JM-BLM. Judge Jeffrey T. Miller and Magistrate Judge Barbara Lynn Major are assigned to the case. (Tomasevic, Alex)(als)
Related: [-]
Att: 1 Civil Cover Sheet