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Photo of Kent Co

Court

Kent Co

Delaware

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Case Information

Filed 2022-03-11
Status CLOSED - CLOSED
Type Cd Class Action
Docket 111 entries
Disposition SETTLED

Parties

Plaintiff Owens Wilmoth, Brenda
Defendant Simon Eye Man | Simon Eye Assoc
Photo of Hon. Jurden Jan R

Judge

Hon. Jurden Jan R

Kent County (DE)

Delaware

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Lawyers

Docket Entries

  1. INIT FILING CLASS ACTION
  2. INITIAL COMPLAINT
  3. WRIT ISSUED
  4. WRIT RETURN (GENERIC)
  5. NOTICE OF SERVICE
  6. WRIT RETURN (GENERIC)
  7. STIPULATION
  8. ORDER
  9. LETTER
  10. MOTION FOR PRO HAC VICE
  11. MOTION FOR PRO HAC VICE
  12. MOTION FOR PRO HAC VICE
  13. ORDER
  14. MOTION TO DISMISS
  15. ORDER
  16. ORDER
  17. STIPULATION
  18. ORDER
  19. REPLY BRIEF FILED
  20. LETTER
  21. LETTER
  22. E-MAIL FILED
  23. ORDER - PRO HAC VICE
  24. ENTRY OF APPEARANCE FILED
  25. MOTION FOR PRO HAC VICE
  26. MOTION FOR PRO HAC VICE
  27. ORDER - PRO HAC VICE
  28. ORDER - PRO HAC VICE
  29. JUDICIAL ACTION FORM
  30. E-MAIL FILED
  31. JUDICIAL ACTION FORM
  32. TRANSCRIPT FILED
  33. ANSWER
  34. REFERRED TO CASE SCHEDULING
  35. E-MAIL FILED
  36. LETTER
  37. LETTER FOR JUDICIAL REVIEW
  38. ORDER
  39. ORDER
  40. CASE SETTLED
  41. CASE SETTLED
  42. LETTER DATE DOCKETED: JUNE 16, 2022 REASSIGNMENT LETTER TO COUNSEL ON JUNE 15, 2022 ADVISING THAT THIS MATTER HAS BEEN REASSIGNED TO THE HONORABLE DANIELLE J. BRENNAN. ACCEPTED BY: AK TRANSACTION ID: 67729418
  43. E-MAIL FILED
  44. E-MAIL FILED DATE DOCKETED: JUNE 26, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE EMAIL FROM VICTORIA MISETIC TO COUNSEL CONFIRMING ORAL ARGUMENT ON 8-3-22 AT 1PM VIA COURTSCRIBES. ACCEPTED BY: RH TRANSACTION ID: 67758912
  45. ORDER - PRO HAC VICE
  46. ORDER - PRO HAC VICE DATE DOCKETED: JUNE 29, 2022 SO ORDERED (MELODIA, MARK S.: [PROPOSED] ORDER GRANTING ADMISSION PRO HAC VICE) ACCEPTED BY: BH TRANSACTION ID: 67770501
  47. ENTRY OF APPEARANCE FILED
  48. ENTRY OF APPEARANCE DATE DOCKETED: JULY 30, 2022 ENTRY OF APPEARANCE OF DEAN R. ROLAND AND ANDREW A. RALLI ON BEHALF OF PLAINTIFFS CERTIFICATE OF SERVICE OF ENTRY OF APPEARANCE ACCEPTED BY: AK TRANSACTION ID: 67880962
  49. MOTION FOR PRO HAC VICE
  50. MOTION FOR PRO HAC VICE DATE DOCKETED: AUGUST 2, 2022 MOTION FOR ADMISSION PRO HAC VICE OF ANDREW E. MIZE ON BEHALF OF PLAINTIFFS NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF ANDREW E. MIZE ON BEHALF OF PLAINTIFFS, TO BE HEARD AT THE CONVENIENCE OF THE COURT CERTIFICATION OF ANDREW E. MIZE PURSUANT TO SUPERIOR COURT RULE 90.1(B) MIZE, ANDREW E.: [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE OF ANDREW E. MIZE ON BEHALF OF PLAINTIFFS CERTIFICATE OF SERVICE OF MOTION FOR ADMISSION PRO HAC VICE OF ANDREW E. MIZE ON BEHALF OF PLAINTIFFS ACCEPTED BY: SD TRANSACTION ID: 67880184
  51. MOTION FOR PRO HAC VICE
  52. MOTION FOR PRO HAC VICE DATE DOCKETED: AUGUST 2, 2022 MOTION FOR ADMISSION PRO HAC VICE OF PETER JANNACE ON BEHALF OF PLAINTIFFS NOTICE OF MOTION FOR ADMISSION PRO HAC VICE OF PETER JANNACE ON BEHALF OF PLAINTIFFS; TO BE HEARD AT THE CONVENIENCE OF THE COURT CERTIFICATION OF PETER JANNACE PURSUANT TO SUPERIOR COURT RULE 90.1(B) JANNACE, PETER: [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE ON BEHALF OF PLAINTIFFS CERTIFICATE OF SERVICE OF MOTION FOR ADMISSION PRO HAC VICE OF PETER JANNACE ON BEHALF OF PLAINTIFFS ACCEPTED BY: SD TRANSACTION ID: 67880079
  53. ORDER - PRO HAC VICE
  54. ORDER - PRO HAC VICE DATE DOCKETED: AUGUST 2, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE GRANTED (JANNACE, PETER: [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE ON BEHALF OF PLAINTIFFS) ACCEPTED BY: SD TRANSACTION ID: 67886894
  55. ORDER - PRO HAC VICE
  56. ORDER - PRO HAC VICE DATE DOCKETED: AUGUST 2, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE GRANTED (MIZE, ANDREW E.: [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE OF ANDREW E. MIZE ON BEHALF OF PLAINTIFFS) ACCEPTED BY: SD TRANSACTION ID: 67886913
  57. JUDICIAL ACTION FORM
  58. JUDICIAL ACTION FORM DATE DOCKETED: AUGUST 5, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE JUDICIAL ACTION FORM FROM DEFENDANTS MOTION TO DISMISS. JUDGE BRENNAN WILL TAKE THIS MATTER UNDER ADVISEMENT AND A DECISION WILL BE FORTHCOMING. ACCEPTED BY: SD TRANSACTION ID: 67900931
  59. E-MAIL FILED
  60. E-MAIL FILED DATE DOCKETED: NOVEMBER 2, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE EMAIL FROM VICTORIA MISETIC TO COUNSEL CONFIRMING ORAL RULING ON 11-14-22 AT 10AM VIA COURTSCRIBES. ACCEPTED BY: SD TRANSACTION ID: 68331906
  61. JUDICIAL ACTION FORM
  62. JUDICIAL ACTION FORM DATE DOCKETED: NOVEMBER 15, 2022 DEFENDANTS MOTION TO DISMISS IS DENIED IN PART -GRANTED IN PART. AS TO THE ISSUE OF STANDING, THE MOTION IS DENIED WITHOUT PREJUDICE. AS TO THE MOTION TO DISMISS COUNTS 1 AND 2, THE MOTION IS DENIED WITHOUT PREJUDICE. THE MOTION IS GRANTED AS TO COUNTS 3 AND 5. A PERIOD OF DISCOVERY FOR PLAINTIFF SHALL BE ALLOWED. COUNSEL SHALL CONFER TOGETHER TO DISCUSS A REASONABLE TIME FRAME FOR DISCOVERY. ACCEPTED BY: SD TRANSACTION ID: 68381797
  63. TRANSCRIPT FILED
  64. TRANSCRIPT FILED DATE DOCKETED: DECEMBER 1, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE TRANSCRIPT OF JUDGE BRENNAN'S ORAL RULING, 11-14-22, FILED BY (PATRICIA) LYNNE COALE, COURT REPORTER ACCEPTED BY: SD TRANSACTION ID: 68469188
  65. ANSWER
  66. ANSWER TO COMPLAINT DATE DOCKETED: DECEMBER 7, 2022 DEFENDANTS SIMON EYE MANAGEMENT, LLC AND SIMON EYE ASSOCIATES, P.A.'S ANSWER TO PLAINTIFF'S COMPLAINT WITH AFFIRMATIVE DEFENSES EXHIBIT A TO DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH AFFIRMATIVE DEFENSES CERTIFICATE OF SERVICE FOR DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH AFFIRMATIVE DEFENSES CASE INFORMATION SHEET ACCEPTED BY: SD TRANSACTION ID: 68515042
  67. REFERRED TO CASE SCHEDULING
  68. REFERRED TO CASE SCHEDULING DATE DOCKETED: DECEMBER 6, 2022
  69. E-MAIL FILED
  70. E-MAIL FILED DATE DOCKETED: FEBRUARY 24, 2023 ORDER SIGNED BY: BRENNAN, DANIELLE EMAIL CORRESPONDENCE FROM VICTORIA MISETIC TO COUNSEL CONFIRMING TRIAL DATE OF 7-8-24 AND A VIRTUAL PTC DATE OF 6-9-24 AT 9AM. JOINT PROPOSED SCHEDULING ORDER TO BE SUBMITTED. ACCEPTED BY: SD TRANSACTION ID: 69201179
  71. LETTER
  72. LETTER DATE DOCKETED: MAY 24, 2023 ORDER SIGNED BY: BRENNAN, DANIELLE LETTER FROM VICTORIA MISETIC TO COUNSEL REQUESTING AN UPDATE, INCLUDING THE STATUS OF THE JOINT PROPOSED SCHEDULING ORDER, BE SUBMITTED BY EOB 6-2-23. ACCEPTED BY: SD TRANSACTION ID: 70066766
  73. LETTER FOR JUDICIAL REVIEW
  74. LETTER FOR JUDICIAL REVIEW DATE DOCKETED: JUNE 3, 2023 LETTER TO THE HON. DANIELLE J. BRENNAN REGARDING STATUS ACCEPTED BY: SD TRANSACTION ID: 70126130
  75. ORDER
  76. ORDER DATE DOCKETED: JUNE 3, 2023 SO ORDERED. HOWEVER COUNSEL SHOULD BE AWARE THAT GIVEN THE PROCEDURAL HISTORY AND PREVIOUS EXTENSIONS GIVEN NO FURTHER EXTENSIONS WILL BE GIVEN. SIGNED BY JUDGE BRENNAN ON 6-2-2023. ACCEPTED BY: SD TRANSACTION ID: 70131546
  77. ORDER
  78. ORDER DATE DOCKETED: JUNE 16, 2023 ORDER SIGNED BY: BRENNAN, DANIELLE GRANTED (LETTER TO THE HON. DANIELLE J. BRENNAN REGARDING STATUS) ACCEPTED BY: SD TRANSACTION ID: 70194565
  79. CASE SETTLED
  80. CASE SETTLED DATE DOCKETED: JUNE 27, 2023
  81. CASE SETTLED
  82. CASE SETTLED DATE DOCKETED: JUNE 27, 2023
  83. STIPULATION OF DISMISSAL
  84. CLOSED: STIPULATION OF DISMISSAL DATE DOCKETED: JUNE 28, 2023 STIPULATION OF DISMISSAL PURSUANT TO SUPER. CT. CIV. R. 41(A)(1)(II) ACCEPTED BY: SD TRANSACTION ID: 70251063

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