Bland v. Everdays Inc et al
| Delaware District Court | |
| Case #: | 1:25-cv-00159 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Feb 10, 2025 |
| Case in other court: | Texas Northern, 4:24-cv-00946 |
| Last checked: Monday Feb 10, 2025 10:04 AM EST |
|
Movant
C/O John Doe
|
|
|
Movant
Everdays Inc
|
|
|
Respondent
Kelly Bland
1001 Prairie Heights Drive
Fort Worth, TX 75039 |
| Docket last updated: 02/10/2025 11:59 PM EST |
| Monday, February 10, 2025 | ||
| 19 | 19
misc
Local Counsel Letter
Mon 02/10 10:15 AM
Local Counsel Letter sent. Notice of Compliance deadline set for 3/12/2025. (jfm) |
|
| 18 | 18
transfer
Case Transferred In from other District - Case Opening Event
Mon 02/10 9:50 AM
Record of case transferred in from District of Texas Northern; Case Number in Other District: 4:24-cv-00946. Copy of Docket Sheet and original file |
|
| Friday, January 24, 2025 | ||
| 17 | 17
ORDER ACCEPTING16 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The District Judge reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the undersigned District Judge believes that the Findings and Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and Conclusions of the Court. The Court therefore ORDERS that this case is TRANSFERRED to the United States District Court for the District of Delaware. Case transferred to the United States District Court for the District of Delaware. This case is stayed for 21 days pursuant to LR 62.2, clerk to calendar a reminder to transfer the case when the 21-day stay has elapsed. (Ordered by Judge Mark Pittman on 1/24/2025) (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|
| Thursday, January 02, 2025 | ||
| 16 | 16
FINDINGS, CONCLUSIONS, AND RECOMMENDATION REGARDING DEFENDANT'S FEDERAL RULE OF CIVIL PROCEDURE 12(b)(2) MOTION TO DISMISS PLAINTIFF'S ORIGINAL COMPLAINT FOR LACK OF PERSONAL JURISDICTION: Having carefully considered the motion, response, and reply, the Court RECOMMENDS that Everdays'8 Motion to Dismiss be PARTIALLY GRANTED in that the Court does not have personal jurisdiction over Everdays. However, instead of dismissing the case, the Court RECOMMENDS, as set forth below, that the case be TRANSFERRED to the United States District Court for the District of Delaware as requested by Plaintiff. Objections to F&R due by 1/16/2025. It is further ORDERED that if objections are filed and the opposing party chooses to file a response, the response shall be filed within seven (7) days of the filing date of the objections. Magistrate Judge Jeffrey L. Cureton no longer assigned to case. (Ordered by Magistrate Judge Jeffrey L. Cureton on 1/2/2025) (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|
| Tuesday, December 17, 2024 | ||
| 15 | 15
REPLY filed by Everdays, Inc. re:8 MOTION to Dismiss for Lack of Jurisdiction (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| Tuesday, December 03, 2024 | ||
| 14 | 14
RESPONSE filed by Kelly Bland re:8 MOTION to Dismiss for Lack of Jurisdiction (Bland, Kelly) Modified document title per MJ chambers on 12/4/2024 (jnp). [Transferred from Texas Northern on 2/10/2025.]
|
|
|
Att: 1
Proposed Order
|
||
| Monday, November 25, 2024 | ||
| 13 | 13 ELECTRONIC ORDER granting12 Agreed Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss Plaintiff's Complaint. Plaintiff's response is due no later than 12/3/2024. (Ordered by Magistrate Judge Jeffrey L. Cureton on 11/25/2024) (chmb) [Transferred from Texas Northern on 2/10/2025.] | |
| 12 | 12
MOTION for Extension of Time to File Response/Reply to8 MOTION to Dismiss for Lack of Jurisdiction filed by Kelly Bland (Bland, Kelly) [Transferred from Texas Northern on 2/10/2025.]
|
|
|
Att: 1
Proposed Order
|
||
| Monday, November 11, 2024 | ||
| 11 | 11
ANSWER to1 Complaint,, filed by Everdays, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 10 | 10
Appendix in Support filed by Everdays, Inc. re8 MOTION to Dismiss for Lack of Jurisdiction ,9 Brief/Memorandum in Support of Motion (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 9 | 9
Brief/Memorandum in Support filed by Everdays, Inc. re8 MOTION to Dismiss for Lack of Jurisdiction (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 8 | 8
MOTION to Dismiss for Lack of Jurisdiction filed by Everdays, Inc. with Brief/Memorandum in Support. (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| Friday, October 25, 2024 | ||
| 7 | 7 ELECTRONIC ORDER granting6 Defendant Everydays, Inc.'s Motion for Extension of Time to Respond to Plaintiff's Original Complaint. Defendants Everydays, Inc.'s answer or other responsive pleading is due no later than 11/11/2024. (Ordered by Magistrate Judge Jeffrey L. Cureton on 10/25/2024) (chmb) [Transferred from Texas Northern on 2/10/2025.] | |
| Thursday, October 24, 2024 | ||
| 6 | 6
MOTION to Extend Time To Respond to Plaintiff Kelly Bland's Original Complaint filed by Everdays, Inc. Attorney Ryan Roper added to party Everdays, Inc.(pty:dft) (Roper, Ryan) [Transferred from Texas Northern on 2/10/2025.]
|
|
| Wednesday, October 09, 2024 | ||
| 5 | 5
SUMMONS Returned Executed as to Everdays, Inc.; served on 10/7/2024. (Bland, Kelly) Modified service date on 10/10/2024 (jnp). [Transferred from Texas Northern on 2/10/2025.]
|
|
| Friday, October 04, 2024 | ||
| 4 | 4
Notice and Instruction to Pro Se Party (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 3 | 3
New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Jeffrey L. Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 2 | 2
Summons Issued as to Everdays, Inc.. (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|
| 1 | 1
COMPLAINT against John Doe, Everdays, Inc. filed by Kelly Bland. (Filing fee $405.00; Receipt number 400003688) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jnp) [Transferred from Texas Northern on 2/10/2025.]
|
|