Sha-Poppin Gourmet Popcorn LLC v. JPMorgan Chase Bank, N.A (1:20-cv-02523)

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, ) (Entered: 04/27/2020)

ATTORNEY Appearance for Plaintiff Sha-Poppin Gourmet Popcorn LLC by Daniel Joshua Schneider (Schneider, Daniel) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff Sha-Poppin Gourmet Popcorn LLC by Christopher Lillard Dore (Dore, Christopher) (Entered: 04/24/2020)

ATTORNEY Appearance for Plaintiff Sha-Poppin Gourmet Popcorn LLC by Benjamin Harris Richman (Richman, Benjamin) (Entered: 04/24/2020)

CIVIL Cover Sheet (Edelson, Jay) (Entered: 04/24/2020)

NOTICE of Correction (rc, ) (Entered: 04/27/2020)

SUMMONS Issued as to Defendants JPMorgan Chase Bank, N.A, Phunware, Inc., RCSH Operations, Inc., RCSH Operations, LLC. (ng, )

NOTICE of Motion by Jonathan Hale Claydon for presentment of motion for extension of time to file answer 15 before Honorable Joan B. Gottschall on 5/15/2020 at 09:30 AM. (Claydon, Jonathan) (Entered: 05/13/2020)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JPMorgan Chase Bank, N.A (Claydon, Jonathan) (Entered: 05/13/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Based on the extension of 6/30/20 to answer or otherwise respond to the complaint, the status report due date set for 6/29/20 is stricken and reset to 7/13/20. Mailed notice (mjc, ) (Entered: 05/14/2020)

MOTION by Defendants RCSH Operations, Inc., RCSH Operations, LLC for extension of time to file answer (Roth, Martin) (Entered: 05/15/2020)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by RCSH Operations, Inc. (Roth, Martin) (Entered: 05/15/2020)

ATTORNEY Appearance for Defendants RCSH Operations, Inc., RCSH Operations, LLC by Martin L. Roth (Roth, Martin) (Entered: 05/15/2020)

ATTORNEY Appearance for Defendant Phunware, Inc. by Maureen J Moody (Moody, Maureen) (Entered: 05/18/2020)

MEMORANDUM by Phunware, Inc. in support of motion to dismiss 25 PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1), 12(b)(2), AND 12(b)(6) (Attachments: # 1 Exhibit 1)(Graham, Daniel) (Entered: 05/18/2020)

ATTORNEY Appearance for Defendant Phunware, Inc. by Daniel Thomas Graham (Graham, Daniel) (Entered: 05/18/2020)

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) (Entered: 05/26/2020)

ATTORNEY Appearance for Defendant JPMorgan Chase Bank, N.A by Thomas Sotos (Sotos, Thomas) (Entered: 06/29/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants RCSH Operations, Inc., RCSH Operations, LLC (Roth, Martin) (Entered: 06/30/2020)

RESPONSE by Phunware, Inc., RCSH Operations, Inc., RCSH Operations, LLCin Opposition to MOTION by Defendant JPMorgan Chase Bank, N.A to stay [Stipulated] 33 (Graham, Daniel) (Entered: 07/02/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting the stipulated motion 33 to stay filed by plaintiff and defendant J.P. Morgan Chase Bank, N.A. In accordance with the order, this action is stayed pending a decision on the motions to transfer in In re JP Morgan Chase Paycheck Protection Plan Litigation., MDL No. 2944 (J.P.M.L). If the JPML has not ruled by 9/16/2020, a brief status report is due on that date. Mailed notice (mjc, ) (Entered: 07/09/2020)

MINUTE entry before the Honorable Joan B. Gottschall: On August 4, 2020, the Judicial Panel on Multi-District Litigation denied 41 the motions to transfer this action, and the stay entered July 9, 2020, was lifted. The deadline of September 16, 2020, to file a status report is stricken. Two motions to dismiss the complaint have been filed, and some defendants have not answered or otherwise responded to the complaint. A status report proposing a coordinated schedule for answering or otherwise responding to the complaint and for briefing the motions to dismiss is due on or before August 14, 2020. Mailed notice (mjc, ) (Entered: 08/05/2020)

STATUS Report Joint by Sha-Poppin Gourmet Popcorn LLC (Richman, Benjamin) (Entered: 08/14/2020)

MOTION by Defendant JPMorgan Chase Bank, N.A for extension of time to file response/reply as to motion for miscellaneous relief 43 (Claydon, Jonathan) (Entered: 08/21/2020)

MINUTE entry before the Honorable Joan B. Gottschall: The schedule proposed by the parties in their status report 44 filed 8/14/2020 is adopted. Defendant JP Morgan Chase Bank, N.A., shall answer or otherwise plead to the complaint 1 on or before 9/18/2020. Plaintiff may file a consolidated response to all motions to dismiss the complaint (see 25 and 35 ), not to exceed 30 pages in length, on or before 10/12/2020. Any replies must be filed on or before 11/2/2020. Mailed notice (mjc, ) (Entered: 08/21/2020)

MEMORANDUM by JPMorgan Chase Bank, N.A in Opposition to motion for miscellaneous relief 43 (Claydon, Jonathan) (Entered: 08/28/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting plaintiff's motion 43 for a finding of relatedness under Local Rule 40.4 of this court. In compliance with Local Rule 40.4(b), a copy of this order will be forwarded to the Executive Committee and the judges presiding over the related cases.Mailed notice (mjc, ) (Entered: 09/04/2020)

MINUTE entry before the Honorable Joan B. Gottschall: The minute entry 53 entered 9/10/2020 is withdrawn because it applies to the related cases but does not apply to this action, No. 20-CV-2523. Mailed notice (mjc, ) (Entered: 09/10/2020)

MOTION by Defendant JPMorgan Chase Bank, N.A for order - Agreed Motion re: schedule for Briefing Motion to Compel Arbitration and Response (Claydon, Jonathan) (Entered: 09/17/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting the agreed motion 55 of plaintiff and defendant JP Morgan Chase Bank, N.A. ("Chase"), to set an agreed briefing schedule. In accordance with the order, Chase's anticipated motion to compel arbitration is briefed as follows: motion due: 10/5/2020; response due: 11/2/2020; reply due: 11/23/2020. Chase's motion to compel arbitration shall be decided before any further response to the complaint, under Fed. R. Civ. P. 12(b)(6) or otherwise, is due. If the court denies Chase's motion to compel arbitration, Chase's response to the complaint shall be due on or before thirty (30) days after the court issues its ruling on the motion to compel arbitration. Mailed notice (mjc, ) (Entered: 09/21/2020)

MOTION by Defendant JPMorgan Chase Bank, N.A to stay Further Proceedings and Compel Arbitration (Claydon, Jonathan) Modified on 10/6/2020 (pj, ). (Entered: 10/05/2020)

MINUTE entry before the Honorable Joan B. Gottschall: On 10/5/2020, defendant filed two apparently identical motions (Nos. 58 and 59 ) to stay further proceedings and to compel arbitration as well as a single memorandum of law (No. 60 ). Defendant is directed to file a short status report on or before 10/7/2020 indicating whether it intended to file two motions and, if not, which motion defendant wishes to withdraw. Mailed notice (mjc, ) (Entered: 10/06/2020)

MINUTE entry before the Honorable Joan B. Gottschall: In accordance with defendant's status report (No. 62 ) filed 10/7/2020, defendant's first motion (No. 58 ) to stay and compel arbitration is withdrawn. The second such motion [No. 59 ) remains pending.Mailed notice (mjc, ) (Entered: 10/08/2020)

RESPONSE by Sha-Poppin Gourmet Popcorn LLC in Opposition to MOTION by Defendant Phunware, Inc. to dismiss PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1), 12(b)(2), AND 12(b)(6) 25 (Richman, Benjamin) (Entered: 10/12/2020)

STIPULATION to File Amended Complaint (Attachments: # 1 Exhibit Amended Complaint)(Richman, Benjamin) (Entered: 10/19/2020)

MINUTE entry before the Honorable Joan B. Gottschall: The parties have stipulated (No. 67 ) to the filing of an amended complaint dropping defendants RCSH Operations, LLC and RCSH Operations, Inc. (collectively "RCSH"). RCSH's pending motion (No. 35 ) to dismiss the original complaint is therefore denied as moot. Also, as agreed by the parties, defendant Phunware, Inc.'s motion (No. 25 ) to dismiss the original complaint and defendant JP Morgan Chase Bank, N.A.'s motion (No. 59 ) to stay and compel arbitration shall apply to plaintiff's amended complaint (No. [67-1]). Plaintiff is directed to file its amended complaint as a separate docket entry. Mailed notice (mjc) (Entered: 10/20/2020)

RESPONSE by Sha-Poppin Gourmet Popcorn LLC in Opposition to MOTION by Defendant JPMorgan Chase Bank, N.A to stay Further Processing and Compel Arbitration 59 (Attachments: # 1 Declaration Perti, # 2 Declaration Mehta, # 3 Declaration Hawkins-Armstrong)(Thomassen, Benjamin) (Entered: 11/02/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion (No. 72 ) for leave to file a 20-page response to defendant JPMorgan Chase Bank, N.A.'s motion to stay and compel arbitration is granted. Plaintiff's response (No. 71 ) is deemed filed with leave of court.Mailed notice (mjc, ) (Entered: 11/04/2020)

MOTION by Defendant JPMorgan Chase Bank, N.A for leave to file Instanter Oversized Consolidated Reply Brief in Support of Motions to Compel Arbitration (Ferak, Paul) (Entered: 11/23/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion (No. 75 ) for leave to file a 19-page consolidated reply brief in support of its motion to stay and compel arbitration is granted. Defendant's reply (No. 76 ) is deemed filed with leave of court. Mailed notice (mjc, ) (Entered: 11/24/2020)

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Daniel T. Graham has filed a notice (No. 78 ) withdrawing the appearance of Timothy R. Herman for defendant Phunware, Inc., because Mr. Herman left the employ of his law firm effective December 31, 2020, which notice the court construes as a motion to withdraw under Local Rule 83.17. Because other attorneys from Mr. Herman's former firm continue to represent this defendant, the court infers that no prejudice will result from the withdrawal and grants the motion. Mr. Herman may withdraw his appearance for defendant Phunware, Inc. Mailed notice (mjc, ) (Entered: 01/07/2021)

MINUTE entry before the Honorable Joan B. Gottschall: The motion for leave to withdraw (No. 80 ) the appearance of attorney Daniel Schneider is granted. Mr. Schneider may withdraw his appearance for plaintiff. Mailed notice (mjc, ) (Entered: 01/27/2021)

MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order granting defendant Phunware, Inc.'s motion (No. 25 ) to dismiss count VI of the amended complaint (No. 69 ) for lack of personal jurisdiction. See the memorandum opinion and order for details. Mailed notice (mjc, ) (Entered: 03/05/2021)

NOTICE by JPMorgan Chase Bank, N.A Supplemental Authority in Support of Motion to Compel Arbitration (Attachments: # 1 Exhibit A)(Claydon, Jonathan) (Entered: 04/13/2021)

MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order granting defendant's motion (No. 59 ) to stay and compel arbitration. In accordance with the memorandum opinion and order, this case is stayed. The parties are ordered to arbitrate their dispute consistent with the memorandum opinion and order. If arbitration proceedings remain pending on February 11, 2022, a brief status report is due on that date. Mailed notice (mjc, ) (Entered: 08/10/2021)

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Christopher Dore's motion (No. 88 ) for leave to withdraw his appearance for plaintiff is granted. In addition to this case, counsel seeks to withdraw in Ajira AI, LLC v. JPMorgan Chase Bank, N.A., No. 20-cv-4428, but did not file a motion on the docket of that case. Mr. Dore did not file an appearance in No. 20-cv-4428, and he does not appear on the docket sheet as counsel of record for any party. If this is incorrect and Mr. Dore requires leave to withdraw in No. 20-cv-4428, he should promptly file a motion on the docket of that case. Mailed notice (mjc, ) (Entered: 01/18/2022)

STATUS Report /Joint Status Report by JPMorgan Chase Bank, N.A (Claydon, Jonathan) (Entered: 02/23/2022)

STATUS Report Joint by Sha-Poppin Gourmet Popcorn LLC (Thomassen, Benjamin) (Entered: 08/22/2022)

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 22-0018: Pursuant that to the Executive Committee Order entered on September 9, 2022, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Nancy L. Maldonado; therefore IT IS HEREBY ORDERED that the attached list of 287 cases be reassigned to the Honorable Nancy L. Maldonado; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Nancy L. Maldonado's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such case; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's criminal case assignment system ninety (90) days so that Judge Maldonado shall thereafter receive a full share of such cases. Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/03/2022.(tg, ) (Entered: 10/03/2022)

MINUTE entry before the Honorable Nancy L. Maldonado: Motion to withdraw Benjamin Thomassen as attorney 96 is granted. (ca, ) (Entered: 10/12/2022)

STATUS Report - Joint by JPMorgan Chase Bank, N.A (Claydon, Jonathan) (Entered: 12/22/2022)

ATTORNEY Appearance for Plaintiff Sha-Poppin Gourmet Popcorn LLC by Zoe Emilia Seaman-grant (Seaman-grant, Zoe) (Entered: 01/17/2023)

ATTORNEY Appearance for Plaintiff Sha-Poppin Gourmet Popcorn LLC by J. Eli Wade Scott (Wade Scott, J.) (Entered: 01/17/2023)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' joint status report 104 on the pending arbitration, which indicates that the appeal of the arbitrator's ruling on arbitrability is ongoing. Further status report on the arbitration due by 05/22/2023, though the parties should promptly file a report if there are any developments that should be brought to the Court's attention prior to 05/22/2023. (ca, ) (Entered: 03/20/2023)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' joint status report 106 on the pending arbitration, which indicates that they are waiting for a decision on the appeal of the arbitrator's ruling. Further status report due by 07/21/2023, though the parties should promptly file a report sooner if there are any developments that should be brought to the Court's attention prior to 07/21/2023. (ca, ) (Entered: 05/24/2023)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' status report 108, which states that the appeal of the arbitrator's ruling on the question of arbitrability remains pending. Further status report is due 9/22/23, though the parties should promptly file a report sooner if there are any developments that should be brought to the Court's attention before 9/22/23. (ca, ) (Entered: 07/24/2023)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' joint status report 110, which states that the arbitration appellate panel ruled that Plaintiff's claims are arbitrable, and that Plaintiff plans to proceed in arbitration. A further joint status report is due 03/29/2024 to update the Court on the status of the parties' arbitration. The parties should promptly file a status report in advance of 3/29/2024 if there are any developments that should be brought to the Court's attention. (ca, ) (Entered: 09/25/2023)

STATUS Report Joint by Sha-Poppin Gourmet Popcorn LLC (Seaman-grant, Zoe) (Entered: 03/29/2024)