Case Details

CourtSouthern District of New York
Docket number1:13-cv-00294
Date case filed2013-01-14
Date case closed2013-06-04
Date of latest filing
Assigned toJudge Andrew L. Carter, Jr
Case cause28:1332 Diversity-Other Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: John J.P. Howley
Party type: Plaintiff
on behalf of himself and all others similarly situated
Attorney name: Douglas Gregory Blankinship
Attorney Contact:
Meiselman, Packman, Nealon, Scialabba & Baker P.C.(WPl)
1311 Mamaroneck Avenue
White Plains, NY 10605
(914)-517-5000
Fax: (914)-517-5055
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jeremiah Lee Frei-Pearson
Attorney Contact:
Meiselman, Packman, Nealon, Scialabba & Baker P.C.(WPl)
1311 Mamaroneck Avenue
White Plains, NY 10605
(914)-517-5000
Fax: (914)-517-5055
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Todd Seth Garber
Attorney Contact:
Meiselman, Packman, Nealon, Scialabba & Baker P.C.(WPl)
1311 Mamaroneck Avenue
White Plains, NY 10605
(914)-517-5000
Fax: (914)-517-5055
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Dave & Buster's, Inc.
Party type: Defendant
Attorney name: Angela C. Zambrano
Attorney Contact:
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas, TX 75201
(214)-746-7704
Fax: (214) 746-7777
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Yvette Ostolaza
Attorney Contact:
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas, TX 75201
(214)-746-7805
Fax: (214)-746-7777
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Casey A. Burton
Attorney Contact:
Weil, Gotshal & Manges LLP
200 Crescent Court, Suite 300
Dallas, TX 75201
(214)-746-8182
Fax: (214)-746-7777
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David Ramraj Singh
Attorney Contact:
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
(212)-310-8159
Fax: (212)-310-8007
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-01-14 COMPLAINT against Dave & Buster's, Inc. (Filing Fee $ 350.00, Receipt Number 7004975)Document filed by John J.P. Howley.(laq) (Entered: 01/23/2013)
22013-01-14 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/11) (laq) (Entered: 01/23/2013)
32013-01-28 AFFIDAVIT OF SERVICE of Summons and Complaint. Dave & Buster's, Inc. served on 1/15/2013, answer due 2/5/2013. Service was accepted by Sherri Smith, Executive Administrative Assistant. Document filed by John J.P. Howley. (Garber, Todd) (Entered: 01/28/2013)
42013-01-29 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Andrew L. Carter, Jr on 1/29/2013) (ja) (Entered: 01/29/2013)
52013-02-05 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr., from David R. Singh dated 1/30/2013 re: Counsel respectfully requests that the Court grant D&B a 21-day extension to answer or move to dismiss the Complaint pursuant to Rule 12, which would make such answer or motion to dismiss due on February 26, 2013. ENDORSEMENT: SO ORDERED. Dave & Buster's, Inc. answer due 2/26/2013. (Signed by Judge Andrew L. Carter, Jr on 2/5/2013) (djc) Modified on 2/7/2013 (djc). (Entered: 02/05/2013)
62013-02-07 NOTICE OF APPEARANCE by David Ramraj Singh on behalf of Dave & Buster's, Inc. (Singh, David) (Entered: 02/07/2013)
72013-02-07 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dave & Buster's Holdings, Inc., Corporate Parent Dave & Buster's Entertainment, Inc., Corporate Parent Oak Hill Capital Partners III, L.P., Corporate Parent Oak Hill Capital Management Partners III, L.P. for Dave & Buster's, Inc.. Document filed by Dave & Buster's, Inc..(Singh, David) (Entered: 02/07/2013)
82013-02-11 MOTION for Angela C. Zambrano to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8224559. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dave & Buster's, Inc.. (Attachments: # 1 Text of Proposed Order)(Zambrano, Angela) (Entered: 02/11/2013)
92013-02-11 MOTION for Yvette Ostolaza to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8224633. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dave & Buster's, Inc.. (Attachments: # 1 Text of Proposed Order)(Ostolaza, Yvette) (Entered: 02/11/2013)
102013-02-11 MOTION for Casey A. Burton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8224661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dave & Buster's, Inc.. (Attachments: # 1 Text of Proposed Order)(Burton, Casey) (Entered: 02/11/2013)
112013-02-20 ORDER granting 8 Motion for Angela C. Zambrano to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 02/20/2013)
122013-02-20 ORDER granting 9 Motion for Yvette Ostolaza to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 02/20/2013)
132013-02-20 ORDER granting 10 Motion for Casey A. Burton to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 02/20/2013)
142013-03-11 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Angela C. Zambrano dated 2/26/2013 re: We write to respectfully request a pre-motion conference on Dave & Buster's, Inc.'s ("D&B") proposed motion to dismiss in the above-captioned litigation. ENDORSEMENT: A pre-motion conference is scheduled for April 9, 2013 at 11:30 a.m. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 3/11/2013) (mt) Modified on 3/11/2013 (mt). (Entered: 03/11/2013)
152013-03-18 NOTICE OF CONFERENCE: The Status Conference scheduled for April 9, 2013 will take place at 9:30 a.m. So Ordered (Signed by Judge Andrew L. Carter, Jr on 3/18/2013) (js) (Entered: 03/18/2013)
162013-04-19 AMENDED CLASS ACTION COMPLAINT amending 1 Complaint against Dave & Buster's, Inc. with JURY DEMAND.Document filed by John J.P. Howley. Related document: 1 Complaint filed by John J.P. Howley.(js) (Entered: 04/26/2013)
172013-04-29 AGREED STIPULATION STAYING CASE PENDING MEDIATION: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned attorneys for the respective parties hereto, subject to further Order of the Court: All pending deadlines in this action are stayed, including, but not limited to, Defendant's deadlines (i) to answer, move, or otherwise respond to the Amended Class Action Complaint and (ii) Plaintiff's Jurisdictional Interrogatories to Defendant. Once the parties have completed the mediation, the parties will promptly advise the Court of the outcome. If mediation is unsuccessful, the parties will request new deadlines for Defendant's motion to dismiss and discovery responses and/or objections commensurate with the deadlines currently set. This request is not made for the purposes of delay and no prejudice will be caused to either party due to this extension. Case Stayed. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2013) (rsh) (Entered: 04/29/2013)
182013-06-04 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Dave & Buster's, Inc.. Document filed by John J.P. Howley. (Garber, Todd) (Entered: 06/04/2013)