Allen v. Devine et al
Plaintiff: C. Robert Allen, III and The Estate of Robet C. Allen, III
Defendant: Christopher Devine, Bruce Buzil, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC, Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Devine Racing Management, LLC, ACB Consulting Co., Richard Davis, Excelsior Capital, LLC, Superior Broadcasting Co. and Luke Allen
Case Number: 2:2009cv00668
Filed: February 18, 2009
Court: US District Court for the Eastern District of New York
Office: Racketeer/Corrupt Organization Office
County: Nassau
Presiding Judge: Arlene R Lindsay
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
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This docket was last retrieved on May 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2014 Opinion or Order ORDER re #308 Stipulation of Dismissal filed by The Estate of Robet C. Allen, III: 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., ACB Consulting Co., ACB Consulting Co., C. Robert Allen, III (by Luke Allen, as Guardian for the Property Management of C. Robert Allen, III), C. Robert Allen, III (by Luke Allen, as Guardian for the Property Management of C. Robert Allen, III), Luke Allen, Luke Allen, College Creek Media LLC, College Creek Media LLC, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Desert Sky Media LLC, Desert Sky Media LLC, Christopher Devine, Christopher Devine, Christopher Devine, Devine Racing Management, LLC, John Does 1-50, Lakeshore Media, LLC, Lakeshore Media, LLC, Lakeshore Media, LLC, Marathon Media Group, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Midvalley Radio Partners, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC, Wackenburg Associates, LLC, Wackenburg Associates, LLC, 3 Point Media - Arizona, LLC and 3 Point Media - Arizona, LLC terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 5/19/2014. c/ecf (Imrie, Robert)
May 16, 2014 Opinion or Order Filing 308 STIPULATION of Dismissal by The Estate of Robet C. Allen, III (Attachments: #1 Affidavit of Service) (McCormick, Patrick)
May 12, 2014 Opinion or Order ORDER re #307 : The time to submit the stipulation of discontinuance is extended to and including May 16, 2014. Ordered by Magistrate Judge Arlene R. Lindsay on 5/12/2014. c/ecf (Imrie, Robert)
May 9, 2014 Opinion or Order Filing 307 Letter MOTION for Extension of Time to File Stipulation of Discontinuance by C. Robert Allen, III. (McCormick, Patrick)
May 5, 2014 Opinion or Order ORDER re #306 : The time to submit the stipulation of discontinuance is extended to and including May 9, 2014. Ordered by Magistrate Judge Arlene R. Lindsay on 5/5/2014. c/ecf (Imrie, Robert)
May 2, 2014 Opinion or Order Filing 306 Consent MOTION for Extension of Time to File Stipulation of Discontinuance by The Estate of Robet C. Allen, III. (McCormick, Patrick)
April 21, 2014 Opinion or Order Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/17/2014, before Magistrate Judge Gary R. Brown. Transcriber Writer's Cramp, Inc., Telephone number 732-329-0191. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (Cox, Dwayne)
April 21, 2014 Opinion or Order Filing 304 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/16/2014, before Magistrate Judge Gary R. Brown. Transcriber Writer's Cramp, Inc., Telephone number 732-329-0191. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. (Cox, Dwayne)
April 17, 2014 Opinion or Order Filing 303 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 4/17/2014. The parties have agreed to a settlement as set forth on the record. Stipulation of discontinuance due by 5/2/2014. (Posillico, Lauren)
April 16, 2014 Opinion or Order Filing 302 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Settlement Conference held on 4/16/2014. Settlement conference continued to 4/17/2014. (Posillico, Lauren)
April 16, 2014 Opinion or Order ELECTRONIC ORDER. Attorney Judd Burstein is directed to appear in courtroom 840 of the Central Islip courthouse on April 17, 2014 at 11:00 AM for continuing settlement discussions. Ordered by Magistrate Judge Gary R. Brown on 4/16/2014. (Demosthenous, Constantina)
April 10, 2014 Opinion or Order Filing 301 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay:Telephone Conference held on 4/10/2014: A settlement conference has been scheduled before Magistrate Judge Brown for April 16, 2014 at 2:00 p.m. to continue on April 17, 2014, if necessary. The parties are directed to submit an ex parte position statement by April 15, 2014, via fax number (631) 712-5705. Persons with full settlement authority are directed to appear in person. Counsel for D&B Towers LLC, has informed the Court by letter #299 and in person that D&B will not contest the claims in this case. Accordingly, judgment is entered in favor of plaintiff against D&B Towers. c/ecf (Imrie, Robert)
April 10, 2014 Opinion or Order Filing 300 MOTION to Continue Trial Date by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Scriven-Young, David)
April 8, 2014 Opinion or Order Filing 299 Letter Regarding Non-Appearance at Trial by D&B Towers LLC (Fortuna, Nicholas)
December 23, 2013 Opinion or Order Filing 298 Letter MOTION to Continue response to 12/20/13 letter motion by The Estate of Robet C. Allen, III. (McCormick, Patrick)
December 23, 2013 Opinion or Order ORDER re #297 ; #298 : The court has adjourned the February 3, 2014, jury selection and trial to May 12, 2014 at 10:00 a.m. The parties shall file their pretrial submissions including the joint pretrial order by May 1, 2014. Ordered by Magistrate Judge Arlene R. Lindsay on 12/23/2013. c/ecf (Imrie, Robert)
December 20, 2013 Opinion or Order Filing 297 Letter MOTION to Continue Dates for Filing Pre-Trial Submissions and for Trial by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Scriven-Young, David)
September 24, 2013 Opinion or Order Filing 296 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay:Initial Pretrial Conference held on 9/24/2013: A trial date of February 3, 2014, has been set. Jury selection is scheduled for 10:00 a.m. The parties shall file their pretrial submissions including the joint pretrial order by January 21, 2014. c/ecf (Imrie, Robert)
August 15, 2013 Opinion or Order ORDER: a telephone conference has been scheduled for September 24, 2013 at 2:00 p.m. to discuss scheduling. Counsel for the plaintiff is directed to initiate the call and once all parties are on the line, chambers may be contacted at (631) 712-5730. Ordered by Magistrate Judge Arlene R. Lindsay on 8/15/2013. c/ecf (Imrie, Robert)
July 24, 2013 Opinion or Order Magistrate Judge Arlene R. Lindsay added. Magistrate Judge Gary R. Brown no longer assigned to case. (Gapinski, Michele)
July 19, 2013 Opinion or Order Magistrate Judge Gary R. Brown added. Magistrate Judge E. Thomas Boyle no longer assigned to case. (Gapinski, Michele)
July 11, 2013 Opinion or Order Filing 295 ORDER denying #292 Motion for Partial Summary Judgment: For the reasons contained in the attached Memorandum Opinion and Order, the Devine Defendants' motion for partial summary judgment is denied in its entirety. So Ordered by Magistrate Judge E. Thomas Boyle on 7/11/2013. (Minerva, Deanna)
May 20, 2013 Opinion or Order Filing 294 REPLY in Support re #292 Notice of MOTION for Partial Summary Judgment filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Rule 56.1 Statement, #2 Exhibit II, #3 Exhibit JJ) (Scriven-Young, David)
May 10, 2013 Opinion or Order Filing 293 MEMORANDUM in Opposition to Devine Defendants' Motion for Partial Summary Judgment filed by The Estate of Robet C. Allen, III. (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Patrick McCormick, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19) (McCormick, Patrick)
April 26, 2013 Opinion or Order Filing 292 Notice of MOTION for Partial Summary Judgment by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. Responses due by 5/10/2013 (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I Part 1, #12 Exhibit I Part 2, #13 Exhibit J Part 1, #14 Exhibit J Part 2, #15 Exhibit K Part 1, #16 Exhibit K Part 2, #17 Exhibit L Part 1, #18 Exhibit L Part 2, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q, #24 Exhibit R, #25 Exhibit S, #26 Exhibit T, #27 Exhibit U, #28 Exhibit V, #29 Exhibit W, #30 Exhibit X, #31 Exhibit Y, #32 Exhibit Z, #33 Exhibit AA Part 1, #34 Exhibit AA Part 2, #35 Exhibit BB, #36 Exhibit CC Part 1, #37 Exhibit CC Part 2, #38 Exhibit DD Part 1, #39 Exhibit DD Part 2, #40 Exhibit EE, #41 Exhibit FF, #42 Exhibit GG, #43 Exhibit HH) (Scriven-Young, David)
April 12, 2013 Opinion or Order Filing 291 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 4/12/2013. For the reasons stated on the record, the summary judgment schedule is modified as follows: Movant: 4/26/13Opposition: 5/10/13. Reply: 5/19/13.The failure to adhere to this schedule will constitute a waiver of summary judgment and this action will be set for trial atthe next available date. So Ordered by Magistrate E. Thomas Boyle. (Tape #11:14-11:22.) (Major, Jasmine)
April 3, 2013 Opinion or Order Filing 290 SCHEDULING ORDER re #289 Joint MOTION for Extension of Time to File summary judgment motions filed by The Estate of Robet C. Allen, III: A conference will be held on April 12, 2013 at 11:00 a.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear. So Ordered by Magistrate Judge E. Thomas Boyle on 4/3/2013. (Minerva, Deanna)
April 1, 2013 Opinion or Order Filing 289 Joint MOTION for Extension of Time to File summary judgment motions by The Estate of Robet C. Allen, III. (McCormick, Patrick)
March 6, 2013 Opinion or Order Filing 288 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Telephone Status Conference held on 3/6/2013. Counsel for all parties present via telephone. The parties may proceed on the motions for summary judgment on the following schedule: Movants: 4/5/13, Opposition: 5/6/13, Reply: 5/17/13. So Ordered by Magistrate Judge E. Thomas Boyle (Tape #1:41-1:48.) (Major, Jasmine)
March 6, 2013 Opinion or Order Filing 287 RESPONSE to Motion re #286 MOTION to Adjourn Conference in Support of Request filed by D&B Towers LLC. (Muoio, Megan)
March 6, 2013 Opinion or Order Filing 286 MOTION to Adjourn Conference by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., Luke Allen, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, Excelsior Capital, LLC, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting Co., Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin)
March 6, 2013 Opinion or Order ORDER granting in part and denying in part #286 Motion to Adjourn Conference: The pre-motion conference scheduled for 1:30 p.m. today will be held by telephone rather than in-person. Mr. O'Connor is directed to initiate the conference call and to have all parties on the line prior to connecting the court (631-712-5710). The call must be placed through the teleconference operator provided by your long-distance service. So Ordered by Magistrate Judge E. Thomas Boyle on 3/6/2013. (Minerva, Deanna)
March 4, 2013 Opinion or Order Filing 285 REPLY in Opposition re #284 Letter MOTION for Leave to File Letter to Supplement Summary Judgment Letter with New Evidence filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (McCormick, Patrick)
March 1, 2013 Opinion or Order Filing 284 Letter MOTION for Leave to File Letter to Supplement Summary Judgment Letter with New Evidence by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Scriven-Young, David)
February 22, 2013 Opinion or Order Filing 283 Letter MOTION to Strike #282 Reply in Opposition or, in the Alternative, Allow Letter to Serve as Response by Christopher Devine. (Scriven-Young, David)
February 21, 2013 Opinion or Order Filing 282 REPLY in Opposition re #281 Reply in Opposition Supplemental filed by All Plaintiffs. (McCormick, Patrick)
February 20, 2013 Opinion or Order Filing 281 REPLY in Opposition re #278 Letter MOTION for pre motion conference for summary judgment motion filed by All Plaintiffs. (McCormick, Patrick)
February 20, 2013 Opinion or Order Filing 280 REPLY in Opposition re #279 Letter MOTION for pre motion conference for motion for summary judgment filed by All Plaintiffs. (McCormick, Patrick)
February 13, 2013 Opinion or Order Filing 279 Letter MOTION for pre motion conference for motion for summary judgment by D&B Towers LLC. (Fortuna, Nicholas)
February 13, 2013 Opinion or Order Filing 278 Letter MOTION for pre motion conference for summary judgment motion by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Scriven-Young, David)
January 16, 2013 Opinion or Order ORDER granting #277 Motion for Discovery: Application granted as to expert discovery. Any party seeking leave to file a motion for summary judgment shall initiate the process via a three-page letter motion by February 13, 2013. Any opposing party shall file its three-page responsive letter by February 20, 2013. A pre-motion conference will be held on March 6, 2013 at 1:30 p.m. in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. The final conference scheduled for January 25, 2013 is canceled. So Ordered by Magistrate Judge E. Thomas Boyle on 1/16/2013. (Minerva, Deanna)
January 15, 2013 Opinion or Order Filing 277 Letter MOTION for Discovery by C. Robert Allen, III. (Attachments: #1 Proposed Order) (McCormick, Patrick)
December 12, 2012 Opinion or Order ORDER granting #276 Motion for Discovery: The parties' Proposed Revised Scheduling Order is hereby So Ordered. The final conference scheduled for December 20, 2012 is adjourned to January 25, 2013 at 11:00 a.m., by telephone. Plaintiff's counsel is directed to initiate the conference call and to have all parties on the line prior to connecting the court (631-712-5710). The call must be placed through the teleconference operator provided by your long-distance service. So Ordered by Magistrate Judge E. Thomas Boyle on 12/12/2012. (Minerva, Deanna)
December 11, 2012 Opinion or Order Filing 276 Letter MOTION for Discovery by C. Robert Allen, III. (Attachments: #1 Proposed Order) (McCormick, Patrick)
November 8, 2012 Opinion or Order SCHEDULING ORDER: re #275 Proposed Scheduling Order: This application is granted. The final conference previously scheduled for December 13, 2012 is adjourned to December 20, 2012 at 10:00 a.m. by telephone. Plaintiff's counsel shall initiate the call and have all parties on the line before connecting chambers (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service. All counsel must participate. No request for adjournment will be considered unless made at least forty-eight (48) hours in advance of the scheduled conference. All requests should be in writing, on consent of all parties, and contain at least two (2) adjourned dates on which all parties are available. In the absence of consent, an explanation of counsel's efforts to obtain agreement should be stated. All requests for adjournments should be sent to chambers via ECF on notice to all parties. So Ordered by Magistrate Judge E. Thomas Boyle on 11/8/2012. (Suarez, Stephanie)
November 5, 2012 Opinion or Order Filing 275 Letter & Proposed Scheduling Order (Attachments: #1 Proposed Revised Scheduling Order) (Lundy, Lisa). (Main Document 275 replaced on 11/5/2012) (Lundy, Lisa). (Attachment 1 replaced on 11/5/2012) (Lundy, Lisa).
October 15, 2012 Opinion or Order ORDER granting #274 Motion for Discovery: Application granted. The final conference previously scheduled for October 22, 2012 is rescheduled to December 13, 2012 at 11:30 a.m., by telephone. Plaintiff's counsel is directed to initiate the conference call and to have all parties on the line prior to connecting the court (631-712-5710). The call must be placed through the teleconference operator provided by your long-distance service. So Ordered by Magistrate Judge E. Thomas Boyle on 10/15/2012. (Minerva, Deanna)
October 12, 2012 Opinion or Order Filing 274 Letter MOTION for Discovery Clarification by C. Robert Allen, III. (McCormick, Patrick)
June 14, 2012 Opinion or Order ORDER denying #272 Motion for Limited Admission: Application denied for failure to comply with Local Civil Rule 1.3(c) (certificate of good standing must be within the last 30 days). So Ordered by Magistrate Judge E. Thomas Boyle on 6/14/2012. (Minerva, Deanna)
June 14, 2012 Opinion or Order Motions terminated, docketed incorrectly: #273 Letter MOTION for Limited Admission Certificate of Good Standing filed by C. Robert Allen, III: This is not a letter motion. It is a certificate of good standing that was intended to accompany docket entry #272. (Minerva, Deanna)
June 13, 2012 Opinion or Order Filing 273 Letter MOTION for Limited Admission Certificate of Good Standing by C. Robert Allen, III. (McCormick, Patrick)
June 13, 2012 Opinion or Order Filing 272 Letter MOTION for Limited Admission by C. Robert Allen, III. (Attachments: #1 Exhibit) (McCormick, Patrick)
April 5, 2012 Opinion or Order Filing 271 REVISED SCHEDULING ORDER: Final Pretrial Conference by phone set for 10/22/2012 10:00 AM before Magistrate Judge E. Thomas Boyle. The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 4/5/2012. As modified; See order for further details. (Lundy, Lisa)
April 4, 2012 Opinion or Order Filing 270 Letter MOTION for Extension of Time to Complete Discovery re: Proposed Revised Scheduling Order by The Estate of Robet C. Allen, III. (McCormick, Patrick)
April 4, 2012 Opinion or Order Filing 269 Letter MOTION for Extension of Time to Complete Discovery re: Proposed Revised Scheduling Order by The Estate of Robet C. Allen, III. (Attachments: #1 Proposed Order attached to letter motion) (McCormick, Patrick)
April 3, 2012 Opinion or Order Filing 268 NOTICE of Appearance by Joseph N. Campolo on behalf of The Estate of Robet C. Allen, III (aty to be noticed) (Campolo, Joseph)
April 3, 2012 Opinion or Order Filing 267 NOTICE of Appearance by Patrick McCormick on behalf of The Estate of Robet C. Allen, III (aty to be noticed) (McCormick, Patrick)
March 12, 2012 Opinion or Order Filing 266 ORDER granting #219 Motion to Dismiss: For the reasons contained in the attached Memorandum Opinion and Order, the third-party defendant's motion to dismsis the Third-Party Complaint is granted and the Third-Party Complaint is dismissed in its entirety. So Ordered by Magistrate Judge E. Thomas Boyle on 3/12/2012. (Minerva, Deanna)
February 13, 2012 Opinion or Order Filing 265 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 2/13/2012, The scheduling order dated 12/19/11 (document #255) is reinstated. ( Discovery due by fact 7/18/2012, Expert 9/18/12; Dispositive Motions 10/18/12;., Final Pretrial Conference by phone set for 10/22/2012 10:00 AM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). (So ordered by Mag. Judge Boyle on 2/13/12). (Lundy, Lisa)
February 9, 2012 Opinion or Order ENDORSED ORDER granting #264 Motion to Adjourn Conference. Application is granted. The telephone conference is adjourned to February 13, 2012 at 3:00 p.m. Ordered by Magistrate Judge E. Thomas Boyle on 2/9/2012. (Joy, Dolores)
February 6, 2012 Opinion or Order Filing 264 Letter MOTION to Adjourn Conference by D&B Towers LLC. (Muoio, Megan)
February 3, 2012 Opinion or Order ENDORSED ORDER granting #263 Motion to Appear by Telephone. Application is granted. A conference shall be held on February 15, 2012 at 10:00 a.m. by phone. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call must be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 2/3/2012. (Joy, Dolores)
February 2, 2012 Opinion or Order Filing 263 Letter Motion to Appear by Telephone , dated February 2, 2012, by The Estate of Robet C. Allen, III. (Wicks, James)
January 31, 2012 Opinion or Order Filing 262 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Magistrate Judge E. Thomas Boyle. SO ORDERED by Judge Feuerstein on 1/31/2012. (Florio, Lisa)
January 30, 2012 Opinion or Order Filing 261 CONSENT to Jurisdiction by US Magistrate Judge by The Estate of Robet C. Allen, III. (Wicks, James)
January 30, 2012 Opinion or Order Filing 260 NOTICE of Change of Address by Edward Pacer (Pacer, Edward)
January 30, 2012 Opinion or Order Filing 259 NOTICE by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., C. Robert Allen, III(by Luke Allen, as Guardian for the Property Management of C. Robert Allen, III), Luke Allen, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, The Estate of Robet C. Allen, III, Wackenburg Associates, LLC (Pacer, Edward)
January 23, 2012 Opinion or Order Filing 258 SCHEDULING ORDER: All discovery, including experts, shall be completed by May 18, 2012. A final conference shall be held by telephone at 11:00 a.m. on May 29, 2011 with E. Thomas Boyle, United States Magistrate Judge. All counsel shall participate. Plaintiff's counsel is directed to initiate the conference call and have all parties on the line before connecting the court (631-712-5710). The call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 1/23/12. (Joy, Dolores)
January 18, 2012 Opinion or Order Filing 257 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 1/18/2012. Appearances: James Wicks and John Morken for plaintiff and Doris Short, Megan Muoio, and Nathaniel Reid for defts. Case called. All discovery shall be completed by 5/18/2012. A pretrial conference is scheduled before Judge Feuerstein on 6/18/12 at 11:15 am. Outstanding discovery is respectfully referred to the assigned Magistrate Judge. Jury selection and bifurcated trial is scheduled before Judge Feuerstein on 7/16/12 at 10:00 am. (Florio, Lisa)
December 29, 2011 Opinion or Order NOTICE of Hearing: Pretrial Conference set for 1/18/2012 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. c/ecf (Morabito, Bryan)
December 27, 2011 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Sandra J. Feuerstein for all further proceedings. Senior Judge Denis R. Hurley no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 12/27/2011. (Davis, Kimberly)
December 19, 2011 Opinion or Order Filing 255 SCHEDULING ORDER: Final Pretrial Conference set for 10/22/2012 10:00 AM before Magistrate Judge E. Thomas Boyle. Discovery due by Fact 7/18/2012, Expert 9/18/12; Dispositive Motions 10/18/12; The Proposed Scheduling Order may be modified by the court consistent with the initial scheduling order dated 12/19/11. See order for more details.. Ordered by Magistrate Judge E. Thomas Boyle on 12/19/2011. (Lundy, Lisa)
December 19, 2011 Opinion or Order Filing 254 ORDER. The above-captioned case has been referred to E. Thomas Boyle, Magistrate Judge, for purposes of scheduling discovery, resolution of discovery disputes, settlement conferences and any other purposes set forth at 28 U.S.C. 636(b)(1)(A). SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 12/19/2011. (Joy, Dolores)
December 17, 2011 Opinion or Order Filing 256 ORDER OF RECUSAL - I hereby recuse myself from the above-referenced case. Senior Judge Arthur D. Spatt recused. Case reassigned to Senior Judge Denis R. Hurley for all further proceedings. Type of Recusal Attorney. Ordered by Senior Judge Arthur D. Spatt on 12/17/2011. (Coleman, Laurie)
December 16, 2011 Opinion or Order Filing 253 Letter to Magistrate Judge Boyle Re: Proposed Scheduling Order, dated December 15, 2011, by The Estate of Robet C. Allen, III (Wicks, James)
December 15, 2011 Opinion or Order Filing 252 NOTICE of Appearance by Kathryn Mary Carney Cole on behalf of The Estate of Robet C. Allen, III (aty to be noticed) (Carney Cole, Kathryn)
December 15, 2011 Opinion or Order Filing 251 NOTICE of Appearance by James M. Wicks on behalf of The Estate of Robet C. Allen, III (aty to be noticed) (Wicks, James)
December 12, 2011 Opinion or Order Filing 250 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference by phone held on 12/12/2011, The parties are afforded to Friday, 12/16/11 to submit a proposed discovery schedule to complete this action. In the absence of such a submission six months is granted as a final extension of all discovery including any experts; ( Status Conference by phone set for 5/18/2012 01:30 PM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service (e.g.. AT&T, MCI, Sprint). (So ordered by Mag. Judge Boyle on 12/12/11). (Tape #10:34-10:47.) (Lundy, Lisa)
December 12, 2011 Opinion or Order Filing 249 NOTICE of Appearance by Frank T. Santoro on behalf of The Estate of Robet C. Allen, III (aty to be noticed) (Santoro, Frank)
December 9, 2011 Opinion or Order Filing 248 Letter regarding December 12, 2011 telephone conference by Christopher Devine (Scriven-Young, David)
November 16, 2011 Opinion or Order SCHEDULING ORDER: re #247 Status Report filed by Christopher Devine. A telephone conference shall be held on December 12, 2011 at 10:30 a.m. Defendants' counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call must be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 11/16/2011. (Joy, Dolores)
November 15, 2011 Opinion or Order Filing 247 STATUS REPORT Pursuant to Magistrate Judge E. Thomas Boyle's 10/27/2011 Order by Christopher Devine (Scriven-Young, David)
October 27, 2011 Opinion or Order Filing 246 STATUS REPORT ORDER. The parties are directed to inform the court, in writing via ECF, as to the status of this matter by November 15, 2011. Ordered by Magistrate Judge E. Thomas Boyle on 10/27/2011. (Joy, Dolores)
October 25, 2011 Opinion or Order Filing 245 MEMORANDUM OF DECISION AND ORDER - For the foregoing reasons, it is hereby ORDERED that Devine's motion to substitute Grace Allen, Executrix of the Estate of C. Robert Allen III, as a plaintiff in the Allen action and as a third-party defendant in the Excelsior action, in lieu of C. Robert Allen III, is hereby granted; and further ORDERED that the amended caption in the Allen case will read as follows: (see "Decision"); and it is further ORDERED that the amended caption in the Excelsior case will read as follows: (see "Decision"). Ordered by Senior Judge Arthur D. Spatt on 10/25/11. Terminating #227 Motion to Substitute Party and #231 Motion to Substitute Party as granted. (Coleman, Laurie)
October 25, 2011 Opinion or Order Filing 244 Letter to Honorable Arthur D. Spatt Regarding Unopposed Substitution Motions by Christopher Devine (Scriven-Young, David)
October 17, 2011 Opinion or Order Filing 243 STATUS REPORT by Christopher Devine (Scriven-Young, David)
September 15, 2011 Opinion or Order Filing 240 NOTICE of Appearance by Megan Jeane Muoio on behalf of D&B Towers LLC (aty to be noticed) (Muoio, Megan)
September 9, 2011 Opinion or Order Filing 239 ORDER granting #236 Motion to Withdraw as Attorney. Attorney Mark L Callister terminated. Ordered by Senior Judge Arthur D. Spatt on 9/9/2011. (Padilla, Kristin)
September 1, 2011 Opinion or Order Filing 238 CERTIFICATE OF SERVICE by D&B Towers LLC re #236 MOTION to Withdraw as Attorney on behalf of Mark L. Callister, #237 Affidavit in Support of Motion served on D&B Towers LLC on 9/1/11 (Fortuna, Nicholas)
September 1, 2011 Opinion or Order Filing 237 AFFIDAVIT/DECLARATION in Support re #236 MOTION to Withdraw as Attorney on behalf of Mark L. Callister filed by D&B Towers LLC. (Attachments: #1 Exhibit A - Proposed Order) (Fortuna, Nicholas)
September 1, 2011 Opinion or Order Filing 236 MOTION to Withdraw as Attorney on behalf of Mark L. Callister by D&B Towers LLC. (Fortuna, Nicholas)
August 30, 2011 Opinion or Order Filing 235 STATUS REPORT by Christopher Devine (Scriven-Young, David)
July 29, 2011 Opinion or Order Filing 234 AFFIDAVIT of Service for Notice of Motion , Memorandum of Law, and Declaration served on Grace Allen on 7/18/2011, filed by Christopher Devine. (O'Connor, Kevin)
July 15, 2011 Opinion or Order Filing 233 STATUS REPORT by Christopher Devine (Scriven-Young, David)
June 24, 2011 Opinion or Order Filing 232 REPLY in Support re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Third-Party Defendant Luke Allen's Reply Memorandum of Law In Further Support of His Motion to Dismiss the Third-Party Complaint) filed by Luke Allen. (Wald, Alexandra)
June 15, 2011 Opinion or Order Filing 231 Notice of MOTION to Substitute Party The Estate of c. Robert Allen, III by its Executrix, Grace M. Allen by C. Robert Allen, III. (Attachments: #1 Notice of Motion, #2 Declaration) (Whittemore, Reed)
June 15, 2011 Opinion or Order Filing 230 Notice of MOTION for Joinder in Motion to Substitute by D&B Towers LLC. (Callister, Mark)
June 14, 2011 Opinion or Order Filing 229 AFFIDAVIT/DECLARATION in Support re #227 MOTION to Substitute Party filed by Christopher Devine. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (O'Connor, Kevin)
June 14, 2011 Opinion or Order Filing 228 MEMORANDUM in Support re #227 MOTION to Substitute Party filed by Christopher Devine. (O'Connor, Kevin)
June 14, 2011 Opinion or Order Filing 227 MOTION to Substitute Party by Christopher Devine. (O'Connor, Kevin)
June 3, 2011 Opinion or Order Filing 226 AFFIDAVIT/DECLARATION in Opposition re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (O'Connor, Kevin)
June 3, 2011 Opinion or Order Filing 225 RESPONSE in Opposition re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin)
May 31, 2011 Opinion or Order Filing 224 STATUS REPORT Concerning the Death of C. Robert Allen, III by Christopher Devine (Scriven-Young, David)
May 13, 2011 Opinion or Order Filing 223 ORDER re #222 STIPULATION re #219 MOTION to Dismiss. So Ordered the Third Party Plaintiff's have through and until 6/3/2011 to respond to third party defendant's Motion to Dismiss third party complaint. Third Party defendant Luke Allen shall have through and until 6/24/2011 to file reply papers in further support of the Motion to Dismiss. Movant's counsel is directed to serve a copy of this Order on all parties upon receipt via facsimile. Ordered by Senior Judge Arthur D. Spatt on 5/13/2011. (Padilla, Kristin)
May 12, 2011 Opinion or Order Filing 222 STIPULATION re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) Stipulation and Order Setting Deadlines for Response and Reply Briefs by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (Scriven-Young, David)
May 2, 2011 Opinion or Order Filing 221 MEMORANDUM in Support re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Third-Party Defendant Luke Allen's Memorandum of Law in Support of his Motion to Dismiss the Third-Party Complaint) filed by Luke Allen. (Wald, Alexandra)
May 2, 2011 Opinion or Order Filing 220 AFFIDAVIT/DECLARATION in Support re #219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) (Declaration of Alexandra Wald) filed by Luke Allen. (Attachments: #1 Exhibit (Exhibit A - Declaration of Alexandra Wald), #2 Exhibit (Exhibit B - Declaration of Alexandra Wald), #3 Exhibit (Exhibit C - Declaration of Alexandra Wald), #4 Exhibit (Exhibit D - Declaration of Alexandra Wald - This Exhibit is filed under Seal Pursuant to a Stipulation & Order "SO ORDERED" by Honorable Joel K. Asarch on February 4, 2010 - see docket #124-26), #5 Exhibit (Exhibit E - Declaration of Alexandra Wald), #6 Exhibit (Exhibit F - Declaration of Alexandra Wald)) (Wald, Alexandra)
May 2, 2011 Opinion or Order Filing 219 MOTION to Dismiss (Notice of Motion to Dismiss the Third-Party Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim) by Luke Allen. (Wald, Alexandra)
April 1, 2011 Opinion or Order Filing 218 ORDER #217 Stipulation and Order for Third-Party Defendant Luke Allen shall have through and until May 2, 2011 to respond to the Third-Party Complaint. Signed by Senior Judge Arthur D. Spatt on 4/1/2011. (Coleman, Laurie)
March 31, 2011 Opinion or Order Filing 217 STIPULATION re #202 Third Party Complaint,,, (Stipulation and Order for Third-Party Defendant Luke Allen shall have through and until May 2, 2011 to respond to the Third-Party Complaint.) by Luke Allen (Read, Nathaniel)
March 31, 2011 Opinion or Order Filing 216 NOTICE of Appearance by Nathaniel P.T. Read on behalf of Luke Allen (aty to be noticed) (Read, Nathaniel)
March 31, 2011 Opinion or Order Filing 215 NOTICE of Appearance by Alexandra Sarah Wald on behalf of Luke Allen (aty to be noticed) (Wald, Alexandra)
March 31, 2011 Opinion or Order ENDORSED ORDER re #214 Letter filed by Christopher Devine. The parties are directed to file a status report on the issues raised herein on or before 5/31/11. Ordered by Magistrate Judge E. Thomas Boyle on 3/30/2011. (Joy, Dolores)
March 29, 2011 Opinion or Order Filing 214 Letter Advising of Possible Discovery Problems by Christopher Devine (O'Connor, Kevin)
March 25, 2011 Opinion or Order Filing 213 NOTICE by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC of Confidentiality Concerning Bank Records Produced Pursuant to February 9, 2011 Memorandum of Decision and Order (Attachments: #1 Exhibit A) (Scriven-Young, David)
March 17, 2011 Opinion or Order Filing 212 SUGGESTION OF DEATH Upon the Record as to Plaintiff C. Robert Allen, III by C. Robert Allen, III (Wald, Alexandra)
March 4, 2011 Opinion or Order Filing 211 SUMMONS Returned Executed by ACB Consulting Co., 3 Point Media - Franklin, LLC, Marathon Media Group, LLC, Wackenburg Associates, LLC, Sky Media LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Kansas, LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC, 3 Point Media - Florida, LLC, Midvalley Radio Partners, LLC, 3 Point Media - Prescott Valley, LLC, Superior Broadcasting of Denver, LLC, 3 Point Media Delta, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, Portland Broadcasting LLC, Superior Broadcasting of Nevada, LLC, Millcreek Broadcasting LLC, 3 Point Media - Salt Lake City, LLC. Luke Allen served on 2/18/2011, answer due 3/11/2011. (O'Connor, Kevin)
February 24, 2011 Opinion or Order Filing 210 STIPULATION AND ORDER. Ordered by Magistrate Judge E. Thomas Boyle on 2/24/2011. (Lundy, Lisa)
February 24, 2011 Opinion or Order Filing 209 Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 2/24/2011, ( Discovery due by 8/1/2011 fact, 11/1/11., Final Pretrial Conference by phone set for 2/7/2012 02:00 PM before Magistrate Judge E. Thomas Boyle.)The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). (So ordered by Mag. Judge Boyle on 2/24/11). (Tape #11:15-11:35.) (Lundy, Lisa)
February 9, 2011 Opinion or Order Filing 208 MEMORANDUM OF DECISION AND ORDER - It is hereby Ordered that the Moving Defendants' objections are denied, and Judge Orenstein's Order of 9/2/2009 is affirmed in all respects. Signed by Senior Judge Arthur D. Spatt on 2/9/2011. (Coleman, Laurie) Modified on 3/2/2011 (Coleman, Laurie).
February 8, 2011 Opinion or Order Filing 207 Proposed Scheduling Order of C. Robert Allen by Christopher Devine (Attachments: #1 Stipulation and Proposed Scheduling Order of Excelsior Capital, #2 Letter to Court) (O'Connor, Kevin)
February 8, 2011 Opinion or Order Filing 206 Letter MOTION to Strike #205 Letter dated February 4, 2011 from Plaintiff's Counsel by Christopher Devine. (O'Connor, Kevin)
February 4, 2011 Opinion or Order Filing 205 Letter to Court re: Protective Order Objection filed on September 14, 2009. by C. Robert Allen, III (Wald, Alexandra)
January 11, 2011 Opinion or Order Filing 204 NOTICE by C. Robert Allen, III re #201 Answer to Amended Complaint, Counterclaim,,,, (Reply to Counterclaims) (Wald, Alexandra)
December 30, 2010 Opinion or Order Filing 203 LETTER dated 12/28/10 from Kevin J. O'Connor to the Court Re: Enclosed please find two copies of a Summons on a Third-Party Complaint in the above referenced matter. Kindly have them stamped, signed and returned to us in the enclosed self-addressed envelope. (Coleman, Laurie)
December 20, 2010 Opinion or Order Filing 202 THIRD PARTY COMPLAINT against Luke Allen, filed by 3 Point Media - San Francisco, LLC, Lakeshore Media, LLC, Wackenburg Associates, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Coalville, LLC, Superior Broadcasting of Denver, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Ogden, LLC, Superior Broadcasting of Nevada, LLC, Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, Midvalley Radio Partners, LLC, 3 Point Media - Utah, LLC, Sky Media LLC, ACB Consulting Co., College Creek Media LLC, 3 Point Media Delta, LLC, 3 Point Media - Prescott Valley, LLC, Millcreek Broadcasting LLC, 3 Point Media - Kansas, LLC, Christopher Devine. (O'Connor, Kevin)
December 20, 2010 Opinion or Order Filing 201 ANSWER to #96 Amended Complaint,,,, COUNTERCLAIM against C. Robert Allen, III by 3 Point Media - San Francisco, LLC, Lakeshore Media, LLC, Wackenburg Associates, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Coalville, LLC, Superior Broadcasting of Denver, LLC, Desert Sky Media LLC, 3 Point Media - Ogden, LLC, Superior Broadcasting of Nevada, LLC, 3 Point Media - Salt Lake City, LLC, Midvalley Radio Partners, LLC, ACB Consulting Co., College Creek Media LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Kansas, LLC, Christopher Devine. (O'Connor, Kevin)
December 14, 2010 Opinion or Order ENDORSED ORDER denying #199 Motion to Compel. This application is denied without prejudice upon certification of compliance with Local Civil Rule 37.3(a). Ordered by Magistrate Judge E. Thomas Boyle on 12/14/2010. (Joy, Dolores)
December 13, 2010 Opinion or Order Filing 200 RESPONSE in Opposition re #199 Letter MOTION to Compel Plaintiff to Conduct ESI Searches; Require Plaintiff to Use Master List Search Terms; Set a Specific Completion Date for Plaintiff ESI Production; And Extending Fact Discovery Cutoff Date (Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date). filed by C. Robert Allen, III. (Attachments: #1 Exhibit 1 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #2 Exhibit 2 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #3 Exhibit 3 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #4 Exhibit 4 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #5 Exhibit 5 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #6 Exhibit 6 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date., #7 Exhibit 7 - Letter Motion in Opposition to Devine Defendants' Motion to Compel and joining in Devine Defendants' Motion to extend fact discovery cutoff date.) (Wald, Alexandra)
December 8, 2010 Opinion or Order Filing 199 Letter MOTION to Compel Plaintiff to Conduct ESI Searches; Require Plaintiff to Use Master List Search Terms; Set a Specific Completion Date for Plaintiff ESI Production; And Extending Fact Discovery Cutoff Date by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (O'Connor, Kevin)
December 6, 2010 Opinion or Order Filing 198 ORDER denying #183 Motion for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction. IT IS HEREBY ORDERED that Devines motion for reconsideration is denied in its entirety. See attached order for further details. Ordered by Senior Judge Arthur D. Spatt on 12/6/2010. (Glueckert, Lisa)
November 18, 2010 Opinion or Order Filing 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on SEPTEMBER 28, 2010,CIVIL CAUSE FOR STATUS HEARING HELD before Judge MAG. JUDGE MICHAEL L. ORENSTEIN. Court Reporter/Transcriber SHARI RIEMBER, Telephone number (518) 581-8973; FAX # 718 966-1401. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2010. Redacted Transcript Deadline set for 12/20/2010. Release of Transcript Restriction set for 2/16/2011.KEITH ANGELO JONES. (Jones, Keith)
November 10, 2010 Opinion or Order Filing 196 Letter to Honorable E. Thomas Boyle in response to November 8, 2010 Order. by C. Robert Allen, III (Attachments: #1 Exhibit Amended Rico Statement) (Silikovitz, Harvey)
November 8, 2010 Opinion or Order Filing 195 SCHEDULING ORDER: The conference previously scheduled for December 16, 2010 at 11:00 a.m. is canceled and rescheduled to February 24, 2011 at 11:00 a.m. All counsel shall be present. Ordered by Magistrate Judge E. Thomas Boyle on 11/8/2010. Plaintiff's counsel is directed to serve a copy of this order on all counsel upon receipt. (Joy, Dolores)
November 8, 2010 Opinion or Order Filing 194 ORDER. Plaintiff is directed to file, within 30 days from the filing date herein, a RICO case statement. This statement shall include facts upon which plaintiffs rely to initiate their RICO claims, as a result of the "reasonable inquiry" required by Fed. R. Civ. P. 11. This statement shall be in a form using the numbers and letters set forth below, and shall state in detail the information requested herein. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 11/8/2010. (Joy, Dolores)
November 5, 2010 Opinion or Order Filing 193 STATUS REPORT by D&B Towers LLC (Callister, Mark)
November 4, 2010 Opinion or Order Filing 192 STATUS REPORT per October 25, 2010 Order by C. Robert Allen, III (Stone, Alexis)
November 4, 2010 Opinion or Order Filing 191 STATUS REPORT per Oct 25, 2010 Order by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (O'Connor, Kevin)
October 25, 2010 Opinion or Order Filing 190 ORDER. Based on the recent reassignment of this case from Magistrate Judge Orenstein to the undersigned, the parties are directed to inform the court, in writing via ECF, as to the status of this matter within ten (10) days. Ordered by Magistrate Judge E. Thomas Boyle on 10/25/2010. (Joy, Dolores)
September 28, 2010 Opinion or Order Filing 189 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 9/28/2010. Next conference on 12/16/10 at 11:00 AM subject to the schedule of Magistrate Judge Boyle. Discovery progressing. Counsel continue to cooperate with each other. Plff will receive the documents from Arnold & Porter and provide dfts with the privilege log by 12/1/10. Doc No. 183 (motion to reconsider) was not and can not be referred to the Magistrate Judge. (Brienza, Lauren)
September 27, 2010 Opinion or Order Magistrate Judge E. Thomas Boyle added. Magistrate Judge Michael L. Orenstein no longer assigned to case. (Vaughn, Terry).
September 23, 2010 Opinion or Order Filing 188 NOTICE of Change of Suite Number by Edward Pacer (Pacer, Edward)
August 31, 2010 Opinion or Order Filing 187 REPLY in Support re #183 Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,, filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin)
August 31, 2010 Opinion or Order Filing 186 NOTICE by C. Robert Allen, III re #182 Answer to Amended Complaint, Counterclaim (Reply to D&B Tower's Counterclaim) (Wald, Alexandra)
August 24, 2010 Opinion or Order Filing 185 MEMORANDUM in Opposition re #183 Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,,Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,, (Plaintiff's Memorandum of Law in Opposition to the Moving Defendants' Motion for Reconsideration) filed by C. Robert Allen, III. (Attachments: #1 Exhibit (Exhibit A - Plaintiff's Memorandum in Opposition to the Moving Defendants' Motion for Reconsideration)) (Wald, Alexandra)
August 24, 2010 Opinion or Order Filing 184 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on AUGUST 04, 2010,CIVIL CAUSE FOR STATUS HEARING HELD before Judge MAG. JUDGE MICHAEL L. ORENSTEIN. Court Reporter/Transcriber MARY GRECO, Telephone number TYPEWRITER WORD PROCESSING SERVICE 211 N. MILTON ROAD SARATOGA SPRINGS, NEW YORK. 12866 (518) 581-8973. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2010. Redacted Transcript Deadline set for 9/24/2010. Release of Transcript Restriction set for 11/22/2010.KEITH ANGELO JONES. (Jones, Keith)
August 9, 2010 Opinion or Order Filing 183 Notice of MOTION for Reconsideration re #175 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,,,,,, by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Memorandum in Support) (O'Connor, Kevin)
August 9, 2010 Opinion or Order Filing 182 ANSWER to #96 Amended Complaint,,,, COUNTERCLAIM against C. Robert Allen, III by D&B Towers LLC. (Attachments: #1 Exhibit) (Callister, Mark)
August 4, 2010 Opinion or Order Filing 181 Minute Order. for proceedings held before Magistrate Judge Michael L. Orenstein: Status Conference held on 8/4/2010; ( All Fact Discovery due by 2/15/2011, Status Conference set for 9/28/2010 11:00 AM before Magistrate Judge Michael L. Orenstein.) Court and counsel discussed search terms re: Arnold & Porter documents. Counsel will report their progress on the document productions at next conference. (Imrie, Robert)
August 2, 2010 Opinion or Order Filing 180 Letter confirming non-appearance at status conference. by Bruce Buzil (Peterman, Alan)
July 29, 2010 Opinion or Order Filing 179 ORDER re #177 Letter filed by Richard Davis, Excelsior Capital, LLC: If the Davis defendants have been dismissed by the court, there is no need for counsel to appear on their behalf unless they are subject to a surviving defendants cross-claim. Ordered by Magistrate Judge Michael L. Orenstein on 7/29/2010. (Imrie, Robert)
July 29, 2010 Opinion or Order Filing 178 ORDER re #176 Letter filed by Bruce Buzil: If the defendant, Buzil has been dismissed then counsel need not appear unless there is a cross-claim against him presented by a surviving defendant. Ordered by Magistrate Judge Michael L. Orenstein on 7/29/2010. (Imrie, Robert)
July 28, 2010 Opinion or Order Filing 177 Letter by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
July 27, 2010 Opinion or Order Filing 176 Letter inquiring whether appearance at status conference is necessary by Bruce Buzil (Peterman, Alan)
July 24, 2010 Opinion or Order Filing 175 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED that the Devine Moving Defendants motion to dismiss for failure to state a claim is granted with respect to the plaintiffs 18 U.S.C. 1964(c) claim pursuant to 18 U.S.C. 1962(a), and that claim is dismissed as to Devine; and it is further ORDERED that the Devine Moving Defendants motion to dismiss is denied in all other aspects; and it is further ORDERED that defendant Bruce Buzils motion to dismiss for lack of personal jurisdiction is granted, and all claims against Buzil are dismissed without prejudice to refile in a court of competent jurisdiction; and it is further ORDERED that, pursuant to Fed. R. Civ. P. 19(b), the plaintiffs claim for a constructive trust and request for injunctive relief are dismissed without prejudice for failure to join an indispensable party; and it is further ORDERED that the motion to dismiss by the Davis Moving Defendants is deemed mooted by the dismissal as to all parties of the plaintiffs claim for a constructive trust; and it is further ORDERED that the motion by D&B Towers to dismiss for lack of personal jurisdiction is denied; and it is further ORDERED that the Clerk of the Court is directed to amend the caption in this case to read as follows: (See "Decision"). Ordered by Senior Judge Arthur D. Spatt on 7/24/10. (Coleman, Laurie)
July 19, 2010 Opinion or Order Filing 174 ORDER: Due to a change in the Court's schedule, the conference scheduled for 7/22/10 is adjourned to 8/4/10 at 11:00 a.m. ( Status Conference set for 8/4/2010 11:00 AM before Magistrate Judge Michael L. Orenstein.) Ordered by Magistrate Judge Michael L. Orenstein on 7/19/2010. (Imrie, Robert)
July 15, 2010 Opinion or Order Filing 173 Letter to Honorable Arthur D. Spatt regarding a "blackline" of the Amended Complaint by C. Robert Allen, III (Attachments: #1 ("Blackline" of the Amended Complaint)) (Stone, Alexis)
July 13, 2010 Opinion or Order Filing 172 ORDER - The plaintiff in this action filed an amended complaint with the Court on 12/15/09. However, as far as the Court is aware, the plaintiff did not file any papers directly comparing the text of this amended complaint with that of the original complaint. The plaintiff is therefore directed to file with the Court, by Friday, 7/16/10, a "blackline" document, showing all changes made to the amended complaint as compared to the original complaint. Signed by Senior Judge Arthur D. Spatt on 7/13/2010. (Coleman, Laurie)
July 9, 2010 Opinion or Order Filing 171 NOTICE of Appearance by Daniel E. Budorick on behalf of 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (aty to be noticed) (Budorick, Daniel)
July 8, 2010 Opinion or Order Filing 170 NOTICE of Appearance by Edward Pacer on behalf of 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (aty to be noticed) (Pacer, Edward)
July 8, 2010 Opinion or Order Filing 169 NOTICE of Appearance by David Scriven-Young on behalf of 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (aty to be noticed) (Scriven-Young, David)
June 29, 2010 Opinion or Order Filing 168 NOTICE of Change of address by Thomas E. Bezanson (Bezanson, Thomas)
June 23, 2010 Opinion or Order Filing 167 NOTICE of Change of address by Harvey B. Silikovitz (Silikovitz, Harvey)
June 23, 2010 Opinion or Order Filing 166 NOTICE of Change of address by Alexis Gena Stone (Stone, Alexis)
June 23, 2010 Opinion or Order Filing 165 NOTICE of Change of address by Nathaniel P.T. Read (Read, Nathaniel)
June 23, 2010 Opinion or Order Filing 164 NOTICE of Change of address by Alexandra Sarah Wald (Wald, Alexandra)
June 23, 2010 Opinion or Order Filing 163 NOTICE of Change of address by Lawrence T. Gresser (Gresser, Lawrence)
June 17, 2010 Opinion or Order Filing 162 DECLARATION of Service by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (O'Connor, Kevin)
June 16, 2010 Opinion or Order Filing 161 Letter in Response to Arnold and Porter LLP's June 10, 2010 letter by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (Curran, Thomas)
June 14, 2010 Opinion or Order Filing 159 ORDER granting #157 Motion to Amend/Correct/Supplement. Ordered by Magistrate Judge Michael L. Orenstein on 6/14/2010. (attached is the Order granting the Pro Hac Vice applications for Edward O. Pacer, Daniel E. Budorick and David J. Scriven-Young) (Imrie, Robert)
June 11, 2010 Opinion or Order Filing 158 Letter MOTION to Amend/Correct/Supplement #156 Letter MOTION for Extension of Time to Complete Discovery (Letter addressed to Magsitrate Judge Michael L. Orenstein regarding Joint request for Extension of Time of Discovery Deadline) (Letter Motion addressed to Magistrate Judge Michael L. Orenstein to amend Docket Entry No. 156, and Make a Joint Request to Extend the Discovery Deadline) by C. Robert Allen, III. (Stone, Alexis)
June 11, 2010 Opinion or Order Filing 157 Letter MOTION to Amend/Correct/Supplement #109 Motion to Admit Counsel Pro Hac Vice filed as a Notice of Appearance by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin) Modified on 6/21/2010 (Mahon, Cinthia).
June 11, 2010 Opinion or Order Filing 156 Letter MOTION for Extension of Time to Complete Discovery (Letter addressed to Magsitrate Judge Michael L. Orenstein regarding Joint request for Extension of Time of Discovery Deadline) by C. Robert Allen, III. (Stone, Alexis)
June 10, 2010 Opinion or Order Filing 160 Letter from Stewart D. Aaron (Arnold & Porter) to M. Orenstein, U.S.M.J. dated 6/10/10 re: non-party Arnold & Porter's response to defendant Christopher Devine's subpoena. (Imrie, Robert)
May 26, 2010 Opinion or Order Filing 155 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 5/26/2010, ( Status Conference set for 7/22/2010 11:00 AM before Magistrate Judge Michael L. Orenstein.) Plaintiff is directed to Bates number and provide a Rule 26 privilege log by 7/7/10. Other matters discussed are not ripe at this time, but may be within a week or so. (ESR 2:02 - 2:49) (Imrie, Robert)
May 11, 2010 Opinion or Order Filing 154 NOTICE of Appearance by Thomas Jerome Curran on behalf of 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (aty to be noticed) (Curran, Thomas)
April 30, 2010 Opinion or Order Filing 153 NOTICE by Bruce Buzil re #7 Notice of Appearance, #105 Notice of Appearance Notice of Withdrawal of Appearance of Robert A. Barrer (Barrer, Robert)
April 29, 2010 Opinion or Order Filing 152 NOTICE of Appearance by Alan Robert Peterman on behalf of Bruce Buzil (aty to be noticed) (Peterman, Alan)
April 23, 2010 Opinion or Order Filing 151 ORDER: for the reasons set forth the Motion for Reconsideration #149 is granted. The Court vacates the fine imposed against counsel in the April 20, 2010 Order. Ordered by Magistrate Judge Michael L. Orenstein on 4/23/2010. (See Order for details) (Imrie, Robert)
April 22, 2010 Opinion or Order Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CIVIL CAUSE FOR STATUS CONFERENCE, Proceedings held on APRIL 20, 2010, before Judge MAG. JUDGE MICHAEL L. ORENSTEIN. Court Reporter/Transcriber CARLA NUTTER OF TYPING AT YOUR DOORSTEP @ 201 SOUTH RESEARCH PLACE SUITE 102 CENTRAL ISLIP, NEW YORK. 11722, Telephone number (888) 866-5134. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/21/2010.KEITH ANGELO JONES. (Jones, Keith)
April 20, 2010 Opinion or Order Filing 149 MOTION for Reconsideration re #148 Status Conference, Set Hearings,,,, Motion for Reconsideration of Fine for Failure to Appear by Bruce Buzil. (Barrer, Robert)
April 20, 2010 Opinion or Order Filing 148 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 4/20/2010, (Status Conference set for 5/26/2010 02:00 PM before Magistrate Judge Michael L. Orenstein.) Counsel for Mr. Buzil is fined the sum of $250.00 for failure to appear at this conference. Said sum must be paid to the Clerk of the U.S. District Court, Eastern District of New York by 4/23/10. Court set forth certain rulings on discovery issues and matter. Court directed that the "confidential" marking on the e-mails of Ex F of the plaintiffs letter dated 3/10/10 be stricken. (ESR time 10:43 - 11:32) (Imrie, Robert)
March 23, 2010 Opinion or Order Filing 147 Notice of Related Case (Rodecker, John)
March 17, 2010 Opinion or Order Filing 146 Letter by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
March 17, 2010 Opinion or Order Filing 145 MEMORANDUM in Support Motion To Dismiss filed by Richard Davis, Excelsior Capital, LLC. (Attachments: #1 Certificate of Service) (Burstein, Judd)
March 15, 2010 Opinion or Order Filing 143 REPLY in Opposition re #142 Letter,,, filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Richard Davis, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, Excelsior Capital, LLC, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting Co., Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit A, B and C, #2 Exhibit D, #3 Exhibit E, F, G and H) (O'Connor, Kevin)
March 10, 2010 Opinion or Order Filing 142 Letter to Honorable Judge Michael L. Orenstein dated March 10, 2010 re: Discovery Issues by C. Robert Allen, III (Attachments: #1 Exhibit A, #2 Exhibit B (This Exhibit is filed under seal based on Defendants' designation pursuant to the Confidentiality Order in this action dated 9/2/09), #3 Exhibit C, #4 Exhibit D (This Exhibit is filed under seal based on Defendants' designation pursuant to the Confidentiality Order in this action dated 9/2/09), #5 Exhibit E, #6 Exhibit F (This Exhibit is filed under seal based on Defendants' designation pursuant to the Confidentiality Order in this action dated 9/2/09), #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (Wald, Alexandra)
March 10, 2010 Opinion or Order Filing 141 REPLY in Support re #110 MOTION to Dismiss Amended Complaint Moving Defendants Reply Memorandum in Further Support of Motion to Dismiss Amended Complaint filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Richard Davis, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, Excelsior Capital, LLC, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting Co., Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin)
March 9, 2010 Opinion or Order Filing 140 AFFIDAVIT/DECLARATION in Support re #111 Joint MOTION to Dismiss Amended Complaint filed by D&B Towers LLC. (Attachments: #1 Exhibit A-Plaintiff's Response to D&B's First Set of Interrogatories, #2 Exhibit B-Records of Superior Broadcasting) (Callister, Mark)
March 9, 2010 Opinion or Order Filing 139 REPLY in Support re #111 Joint MOTION to Dismiss Amended Complaint filed by D&B Towers LLC. (Callister, Mark)
March 3, 2010 Opinion or Order Filing 138 ORDER Re: #137 Stipulation/Proposed Order - Defendants Richard Davis and Excelsior Capital LLC, shall have until the end of 3/17/10 to file and serve their reply in support of their motion to dismiss the Amended Complaint dated 12/15/10. Signed by Senior Judge Arthur D. Spatt on 3/3/10. C/F. (Coleman, Laurie)
March 2, 2010 Opinion or Order Filing 137 STIPULATION by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
March 2, 2010 Opinion or Order Filing 136 Letter by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
February 24, 2010 Opinion or Order Filing 135 AFFIDAVIT/DECLARATION in Opposition re #110 MOTION to Dismiss Amended Complaint (Declaration of Alexandra Wald) filed by C. Robert Allen, III. (Attachments: #1 Exhibit A - Wald's Declaration, #2 Exhibit B - Wald's Declaration, #3 Exhibit C - Wald's Declaration) (Wald, Alexandra)
February 24, 2010 Opinion or Order Filing 134 MEMORANDUM in Opposition re #110 MOTION to Dismiss Amended Complaint (Pliantiff's Memorandum of Law in Opposition to Motion to DIsmiss Amended Complaint) filed by C. Robert Allen, III. (Wald, Alexandra)
February 24, 2010 Opinion or Order Filing 133 AFFIDAVIT/DECLARATION in Opposition re #115 MOTION to Dismiss (Declaration of Nathaniel P.T. Read) filed by C. Robert Allen, III. (Attachments: #1 Exhibit A - Read's Declaration, #2 Exhibit B - Read's Declaration, #3 Exhibit C - Read's Declaration, #4 Exhibit D - Read's Declaration, #5 Exhibit E - Read's Declaration, #6 Exhibit F - Read's Declaration, #7 Exhibit G - Read's Declaration, #8 Exhibit H - Read's Declaration, #9 Exhibit I - Read's Declaration, #10 Exhibit J - Read's Declaration, #11 Exhibit K - Read's Declaration, #12 Exhibit L - Read's Declaration, #13 Exhibit M - Read's Declaration, #14 Exhibit N - Read's Declaration, #15 Exhibit O - Read's Declaration, #16 Exhibit P - Read's Declaration, #17 Exhibit Q - Read's Declaration, #18 Exhibit R - Read's Declaration) (Wald, Alexandra)
February 24, 2010 Opinion or Order Filing 132 MEMORANDUM in Opposition re #115 MOTION to Dismiss (Plaintiff's Memorandum of Law in Opposition to the Motion To Dismiss the Amended Complaint by Defendants Richard Davis and Excelsior Capital, LLC) filed by C. Robert Allen, III. (Wald, Alexandra)
February 24, 2010 Opinion or Order Filing 131 MEMORANDUM in Opposition re #111 Joint MOTION to Dismiss Amended Complaint (Plaintiff's Memorandum of Law in Opposition to Defendant D&B Towers, LLC's Second Motion to Dismiss) filed by C. Robert Allen, III. (Wald, Alexandra)
February 23, 2010 Opinion or Order Filing 130 REPLY in Support re #104 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by Bruce Buzil. (Attachments: #1 Affidavit in Reply by Alan R. Peterman, #2 Exhibit A to Peterman Reply Affidavit - Plaintiff's Affidavit in Support of Order to Show Cause, #3 Exhibit B to Peterman Reply Affidavit - Plaintiff's Supplemental Affidavit in Support of Order to Show Cause, #4 Exhibit C to Peterman Reply Affidavit - Buzil Deposition Transcript - Part 1, #5 Exhibit C to Peterman Reply Affidavit - Buzil Deposition Transcript - Part 2, #6 Exhibit C to Peterman Reply Affidavit - Buzil Deposition Transcript - Part 3, #7 Affidavit in Reply by Bruce Buzil, #8 Certificate of Service) (Barrer, Robert)
February 12, 2010 Opinion or Order Filing 129 Letter in Opposition to Plaintiff's Letter dated February 2, 2010 regarding Defendants' Objections to September 2, 2009 Order by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, Excelsior Capital, LLC, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (O'Connor, Kevin)
February 10, 2010 Opinion or Order Filing 126 AFFIDAVIT of Service for Memorandum of Law in Opposition to Defendant Bruce Buzil's Motion to Dismiss the Amended Complaint and Declaration of Alexandra Wald was served on Kevin J. O'Connor, Esq. of Peckar & Abramson P.C.; Mark Callister, Esq. of Callister Nebeker & McCullough, P.C; Allen R. Peterman, Esq. of Hiscock & Barclay LLP; and Judd Burstein, Esq. of Judd Burstein, PC on 2/9/2010, filed by C. Robert Allen, III. (Wald, Alexandra)
February 9, 2010 Opinion or Order Filing 125 Letter to Court re: Protective Order Objection filed September 14, 2009. by C. Robert Allen, III (Wald, Alexandra)
February 9, 2010 Opinion or Order Filing 124 AFFIDAVIT/DECLARATION in Opposition re #104 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint (DECLARATION OF ALEXANDRA WALD - REDACTED VERSION) filed by C. Robert Allen, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #12 Exhibit L - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #13 Exhibit M - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #14 Exhibit N - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #15 Exhibit O - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #16 Exhibit P - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #17 Exhibit Q - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #23 Exhibit W - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #24 Exhibit X - Document filed under seal pursuant to the Confidentiality Order in this Action dated 9/2/09, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA) (Wald, Alexandra)
February 9, 2010 Opinion or Order Filing 123 MEMORANDUM in Opposition re #104 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint (Plaintiff's Memorandum of Law in Opposition to Defendant Bruce Buzil's Motion to Dismiss the Amended Complaint against Him) filed by C. Robert Allen, III. (Wald, Alexandra)
January 29, 2010 Opinion or Order Filing 122 ORDER Re: #121 Stipulation and Order - Plaintiff shall have until the end of 2/24/10 to file and serve by ECF his opposition to the motion to dismiss the Amended Complaint; Defendant shall have until the end of 3/10/10 to file and serve by ECF its reply in support of its motion to dismiss; Plaintiff shall have until the end of 2/24/10 to file and serve by ECF his opposition to the motion to dismiss the Amended Complaint; The Moving Defendants shall have until 3/10/10 to file and serve by ECF their reply in support of their motion to dismiss. See Order for further details. Signed by Senior Judge Arthur D. Spatt on 1/29/10. C/F. (Coleman, Laurie)
January 28, 2010 Opinion or Order Filing 121 STIPULATION and ORDER by C. Robert Allen, III (Read, Nathaniel)
January 23, 2010 Opinion or Order Filing 120 ORDER Re: #119 Stipulation - Plaintiff shall have until the end of 2/24/10 to file and serve by ECF its opposition to the motion to dismiss made by Defendants Richard Davis ("Davis") and Excelsior Capital, LLC ("Excelsior"). Defendants Davis and Excelsior shall have until the end of 3/10/10 to file and serve by ECF their reply in support of their motion to dismiss. Final extension. Signed by Senior Judge Arthur D. Spatt on 1/23/10. C/F. (Coleman, Laurie)
January 22, 2010 Opinion or Order Filing 119 STIPULATION and Order by C. Robert Allen, III (Stone, Alexis)
January 19, 2010 Opinion or Order Filing 117 SUMMONS Returned Executed by C. Robert Allen, III. Superior Broadcasting Co. served on 12/30/2009, answer due 1/20/2010. (Read, Nathaniel)
January 19, 2010 Opinion or Order Filing 116 Letter by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
January 19, 2010 Opinion or Order Filing 115 MOTION to Dismiss by Richard Davis, Excelsior Capital, LLC. Responses due by 2/2/2002 (Attachments: #1 Affidavit in Support Declaration of Alexander M. Levy, #2 Exhibit Exhibits A-B, #3 Exhibit Exhibits C-D, #4 Exhibit Exhibits E-G, #5 Memorandum in Support, #6 Certificate of Service) (Burstein, Judd)
January 19, 2010 Opinion or Order Filing 114 Corporate Disclosure Statement by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
January 19, 2010 Opinion or Order Filing 113 NOTICE of Appearance by Judd Burstein on behalf of Richard Davis, Excelsior Capital, LLC (aty to be noticed) (Burstein, Judd)
January 19, 2010 Opinion or Order Filing 112 MEMORANDUM in Support re #111 Joint MOTION to Dismiss Amended Complaint filed by D&B Towers LLC. (Callister, Mark)
January 19, 2010 Opinion or Order Filing 111 Joint MOTION to Dismiss Amended Complaint by D&B Towers LLC. Responses due by 2/19/2010 (Attachments: #1 Affidavit in Support) (Callister, Mark)
January 19, 2010 Opinion or Order Filing 110 MOTION to Dismiss Amended Complaint by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Richard Davis, Desert Sky Media LLC, Christopher Devine, Devine Racing Management, LLC, Excelsior Capital, LLC, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting Co., Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss Amended Complaint, #2 Affidavit in Support of Motion to Dismiss Amended Complaint, #3 Exhibit "A", #4 Exhibit "B") (O'Connor, Kevin)
January 19, 2010 Opinion or Order Filing 109 MOTION to Admit Edward O. Pacer, Daniel E. Budorick and David J. Scriven-Young Pro Hac Vice by Kevin Joseph O'Connor on behalf of 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, ACB Consulting Co., College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (notification declined or already on case) (Attachments: #(1) Affidavit of Edward Pacer in Support of Motion to Admit Counsel Pro Hac Vice, #(2) Affidavit of Daniel Budorick in Support of Motion of Admit Counsel Pro Hac Vice, #(3) Affidavit of David Scriven-Young in Support of Motion to Admit Counsel Pro Hac Vice, #(4) Proposed Order Admitting Edward O. Pacer, Daniel E. Budorick and David J. Scriven-Young Pro Hac Vice) (O'Connor, Kevin) Modified on 6/21/2010 (Mahon, Cinthia). (Additional attachment added on 6/23/2010: #(5) Receipt # NYEC003594 in the amount of $75.00 for Pro Hac Vice Admission Fee Paid for Edward O. Pacer, Daniel E. Budorick, and David J. Scriven-Young) (Mahon, Cinthia). Modified on 6/23/2010 (Mahon, Cinthia).
January 14, 2010 Opinion or Order Filing 118 ORDER Re: #107 Stipulation - Plaintiff shall have until the end of 2/9/10 to file and serve by ECF its opposition to motion to dismiss made by Defendant Bruce Buzil; Defendant Bruce Buzil shall have until the end of 2/23/10 to file and serve by ECF his reply in support of his motion to dismiss. Signed by Senior Judge Arthur D. Spatt on 1/14/10. (Coleman, Laurie)
January 13, 2010 Opinion or Order Filing 108 NOTICE of Appearance by Kevin Joseph O'Connor on behalf of ACB Consulting Co. (aty to be noticed) (O'Connor, Kevin)
January 13, 2010 Opinion or Order Filing 107 STIPULATION and Order by C. Robert Allen, III (Read, Nathaniel)
January 11, 2010 Opinion or Order Filing 105 NOTICE of Appearance (Renewed) by Robert A. Barrer on behalf of Bruce Buzil. (Coleman, Laurie)
January 11, 2010 Opinion or Order Email Notification Test - DO NOT REPLY. (Coleman, Laurie)
January 11, 2010 Opinion or Order Email Notification Test - DO NOT REPLY (Mahon, Cinthia)
January 8, 2010 Opinion or Order Filing 104 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint by Bruce Buzil. Responses due by 1/18/2010 (Attachments: #1 Affidavit in Support of Alan R. Peterman, #2 Affidavit in Support of Bruce Buzil, #3 Exhibit A - Amended Complaint, #4 Exhibit B - New York State Supreme Court Decision, #5 Memorandum in Support of Defendant Bruce Buzil, #6 Certificate of Service) (Barrer, Robert)
January 6, 2010 Opinion or Order Filing 106 ORDER Re: #103 Stipulation - the time for Defendants Richard Davis and Excelsior Capital, LLC to answer, move or otherwise respond to the Amended Complaint is hereby extended from 1/17/10 to and including 1/19/10. Signed by Senior Judge Arthur D. Spatt on 1/6/10. (Coleman, Laurie)
January 6, 2010 Opinion or Order Filing 103 STIPULATION by Richard Davis, Excelsior Capital, LLC (Burstein, Judd)
December 29, 2009 Opinion or Order Filing 102 SUMMONS Returned Executed by C. Robert Allen, III. Devine Racing Management, LLC served on 12/18/2009, answer due 1/8/2010. (Read, Nathaniel)
December 29, 2009 Opinion or Order Filing 101 SUMMONS Returned Executed by C. Robert Allen, III. ACB Consulting Co. served on 12/18/2009, answer due 1/8/2010. (Read, Nathaniel)
December 29, 2009 Opinion or Order Filing 100 SUMMONS Returned Executed by C. Robert Allen, III. Bruce Buzil served on 12/18/2009, answer due 1/8/2010. (Read, Nathaniel)
December 29, 2009 Opinion or Order Filing 99 SUMMONS Returned Executed by C. Robert Allen, III. Excelsior Capital, LLC served on 12/17/2009, answer due 1/7/2010. (Read, Nathaniel)
December 29, 2009 Opinion or Order Filing 98 SUMMONS Returned Executed by C. Robert Allen, III. Richard Davis served on 12/17/2009, answer due 1/7/2010. (Read, Nathaniel)
December 23, 2009 Opinion or Order Filing 97 NOTICE by C. Robert Allen, III re #54 Notice(Other) "AMENDED RICO STATEMENT" (Attachments: #1 Exhibit - Amended Complaint) (Wald, Alexandra)
December 15, 2009 Opinion or Order Filing 96 AMENDED COMPLAINT (Jury Trial Demanded) against 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC, Devine Racing Management, LLC, ACB Consulting Co., Richard Davis, Excelsior Capital, LLC, Superior Broadcasting Co., filed by C. Robert Allen, III. (Wald, Alexandra)
December 4, 2009 Opinion or Order Filing 95 ORDER Re: #92 Stipulation - Plaintiff shall serve an Amended Complaint on defendants by 12/15/09. The Devine Defendants and D&B Towers will answer or otherwise respond to the Complaint by 01/19/10. So Ordered. Signed by Senior Judge Arthur D. Spatt on 12/4/09. C/F. (Coleman, Laurie)
December 4, 2009 Opinion or Order Filing 94 CONFIDENTIALITY ORDER. Ordered by Magistrate Judge Michael L. Orenstein on 12/4/2009. (Imrie, Robert)
December 3, 2009 Opinion or Order Filing 93 STIPULATION (ADDENDUM TO CONFIDENTIALITY ORDER) by C. Robert Allen, III (Read, Nathaniel)
December 3, 2009 Opinion or Order Filing 92 STIPULATION and ORDER by C. Robert Allen, III (Read, Nathaniel)
November 24, 2009 Opinion or Order Filing 91 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 11/24/2009, ( Status Conference set for 4/20/2010 10:30 AM before Magistrate Judge Michael L. Orenstein.) Court set forth vaired rulings and suggestions. Parties will submit a modified or amended confidentiality order which will also cover non-parties. It shall be submitted by 12/11/09. Plaintiff will request by 12/2/09 the general description and age of material on the ESI and defendants will respond by 1/10/09. Parties will split copying costs of paper. Defendant will identify by 11/30/09 the search terms used to date. (Imrie, Robert)
November 20, 2009 Opinion or Order Filing 90 Letter Response to Palintiff's November 18, 2009 letter and affidavit by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, Bruce Buzil, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (Attachments: #1 Exhibit A through D to Response Letter) (Robinson, Richard)
November 20, 2009 Opinion or Order Filing 89 AFFIDAVIT/AFFIRMATION of Patricia Beaulieu by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC (Attachments: #1 Exhibit A and B) (Robinson, Richard)
November 19, 2009 Opinion or Order Filing 88 MEMORANDUM OF DECISION AND ORDER - it is hereby ORDERED that the Moving Defendants motion to dismiss for failure to join an indispensable party pursuant to Rule 19 is DENIED, ORDERED that the Moving Defendants motion to transfer is DENIED, ORDERED that defendant D&B Towers motion to dismiss for lack of personal jurisdiction is DENIED,ORDERED that defendant D&B Towers motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) and Rule 9(a) is DENIED, ORDERED that Bruce Buzil, Richard Davis, and Superior Broadcasting Company, Inc. be joined as defendants as to the plaintiffs request for a constructive trust, and ORDERED that Bruce Buzil and Richard Davis be joined as defendants as to the plaintiffs request for injunctive relief. Ordered by Senior Judge Arthur D. Spatt on 11/19/2009. (Coleman, Laurie)
November 18, 2009 Opinion or Order Filing 87 DECLARATION re #86 Letter, (Declaration of Andrew L. Reisman submitted with the Letter to the Honorable Michael L. Orenstein regarding Devine Defendants' cost-shifting claims)) by C. Robert Allen, III (Attachments: #1 Exhibit A, #2 Exhibit B) (Wald, Alexandra)
November 18, 2009 Opinion or Order Filing 86 Letter to the Honorable Michael L. Orenstein regarding Devine Defendants' cost-shifting claims by C. Robert Allen, III (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Wald, Alexandra)
November 16, 2009 Opinion or Order Filing 85 ORDER denying #84 Motion to Adjourn Conference: Application denied. The conference is scheduled for 11/24/09 at 10:30 a.m. Counsel should at that time know if "significant disputes" re: electronic production still exist. Ordered by Magistrate Judge Michael L. Orenstein on 11/16/2009. (Imrie, Robert)
November 13, 2009 Opinion or Order INCORRECT CASE/DOCUMENT INFORMATION - At the request of counsel the #83 Motion to adjourn has been deleted from the above referenced case due to a clerical error. Counsel has already docketed the corrected version of the Motion, see document #84 . There will no longer be a document #83 in the above referenced case. (Coleman, Laurie)
November 13, 2009 Opinion or Order Filing 84 MOTION to Adjourn Conference (Letter To Honorable Michael L. Orenstein on behalf of all parties requesting a two-week adjournment of the conference currently scheduled for November 24, 2009) by C. Robert Allen, III. (Read, Nathaniel)
November 2, 2009 Opinion or Order Filing 82 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 11/2/2009, ( Status Conference set for 11/24/2009 10:30 AM before Magistrate Judge Michael L. Orenstein.) Absent agreement Court will hear oral argument based on facts of whether documents are accessable and the costs of electronic production. Court will only accept the word of experts who advise of the extent of the document and the cost of production electronicly and cost to transport the hard copies to NY. (Imrie, Robert)
October 30, 2009 Opinion or Order Filing 81 Letter to Magistrate Judge Michael L. Orenstein by C. Robert Allen, III (Attachments: #1 Exhibit A) (Read, Nathaniel)
October 30, 2009 Opinion or Order Filing 80 Letter (Proposed Agenda for Conference scheduled for November 2, 2009.) by C. Robert Allen, III (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Wald, Alexandra)
October 6, 2009 Opinion or Order Filing 78 MEMORANDUM in Support of Devine and LLC Defendants' Objections to That Portion of Magistrate Michael Orenstein's September 2, 2009 Order Denying the Request for a Protective Order and Substituting a Form Confidentiality Order Instead filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Affidavit in Support Supplemental Declaration of Richard S. Robinson, Esq.) (Robinson, Richard)
October 2, 2009 Opinion or Order Filing 79 ORDER Re: #75 Reply in Opposition - Defendants' motion to exclude plaintiff's opposition is denied, pursuant to Individual Practice Rule IV(H), Federal Rules of Civil Procedure (6)(a)(2), and Administrative Order of the Eastern District of New York 97-12, paragraph 6(b). (Signed by Senior Judge Arthur D. Spatt on 10/2/09). C/F. (Coleman, Laurie)
September 30, 2009 Opinion or Order Filing 76 Letter to Judge Spatt in Response to Defendants' REPLY #75 by C. Robert Allen, III (Read, Nathaniel)
September 30, 2009 Opinion or Order Filing 75 REPLY in Opposition To Plaintiff's Non-Conformance in Filing its Opposition to Defendant's Objections filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, C. Robert Allen, III, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Robinson, Richard)
September 30, 2009 Opinion or Order Incorrect Case/Document/Entry Information: Document #73 (Declaration), filed in error. Document has been re-filed as document #74. (Chee, Alvin)
September 29, 2009 Opinion or Order Filing 74 DECLARATION re #72 Memorandum in Opposition of Appeal of Magistrate Judge Decision to District Court by C. Robert Allen, III (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 part 2, #5 Exhibit part 4, #6 Exhibit 5, #7 Exhibit 6 - part 1, #8 Exhibit 6 - part 2, #9 Exhibit 6 - part 3, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16) (Read, Nathaniel)
September 29, 2009 Opinion or Order Filing 73 DECLARATION re #72 Memorandum in Opposition to Appeal of Magistrate Judge Decision to District Court by C. Robert Allen, III (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 part 1, #4 Exhibit 3 - part 2, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 - part 1, #8 Exhibit 6 - part 2, #9 Exhibit 6 - part 3, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16) (Read, Nathaniel)
September 29, 2009 Opinion or Order Filing 72 MEMORANDUM in Opposition re #70 Appeal of Magistrate Judge Decision to District Court,,,,, filed by C. Robert Allen, III. (Read, Nathaniel)
September 18, 2009 Opinion or Order Filing 71 MEMORANDUM in Support of Moving Defendant's Request for Stay of Enforcement of Non-Party Bank Subpoena Pending a Decision of Objections to Magistrate Michael Orenstein's Sept 2, 2009 Order Denying the Request for a Protective Order and Substituting a Confidentiality Order filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, C. Robert Allen, III, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Robinson, Richard)
September 14, 2009 Opinion or Order Filing 70 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC re #69 Protective Order (Attachments: #1 Affidavit in Support Declaration of Richard S. Robinson, Esq., #2 Exhibit "A" To Robinson Declaration, #3 Exhibit "B" to Robinson Declaration, #4 Exhibit "C" to Robinson Declaration, #5 Exhibit "D" to Robinson Declaration, #6 Exhibit "E" to Robinson Declaration, #7 Exhibit "F" to Robinson Declaration, #8 Exhibit "G" to Robinson Declaration, #9 Memorandum in Support Memorandum of Law) (O'Connor, Kevin)
September 2, 2009 Opinion or Order Filing 69 CONFIDENTIALITY ORDER. Ordered by Magistrate Judge Michael L. Orenstein on 9/2/2009. (Imrie, Robert)
September 2, 2009 Opinion or Order Filing 68 Minute Order. for proceedings held before Magistrate Judge Michael L. Orenstein:Status Conference held on 9/2/2009, Motions terminated. Court directed defendant to produce documents in a rolling production. counsel met and confirred in Court re electronic discovery information. Defendant shall provide inventory of electronic hardware and its location by Tuesday, Sept 8. Plainitiff shall provide at least three (3) dates that its IT expert will inspect the hardware and list of software programs to determine if the material is accessible. Cost issues are reserved. The defendants' motion for a protective order is denied except that the Court issued a confidentiality order. (10:07 - 10:53; 11:23 - 11:44) (Imrie, Robert)
September 1, 2009 Opinion or Order Filing 67 ORDER re #66 Letter filed by D&B Towers LLC: Application granted. Ordered by Magistrate Judge Michael L. Orenstein on 9/1/2009. (Imrie, Robert)
September 1, 2009 Opinion or Order Filing 66 Letter by D&B Towers LLC (Fortuna, Nicholas)
August 28, 2009 Opinion or Order Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 09, 2009,(CIVIL CAUSE FOR INTIAL CONFERENCE HELD), before Judge Mag. Judge Michael L. Orenstein. Court Reporter/Transcriber ROSALIE LOMBARDI or LINDA FERRARA OF TRANS. PLUS II, Telephone number (516) 358-7352 or (718) 987-4285. Email address: Transcriptions2@verizon.net. Tape Number: FTR/DRIVE/TIME:11:26-12:24. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/15/2009. Redacted Transcript Deadline set for 9/25/2009. Release of Transcript Restriction set for 11/23/2009.Keith Angelo Jones. (Jones, Keith)
August 28, 2009 Opinion or Order Filing 65 RESPONSE to Motion re #64 Letter MOTION for Protective Order filed by C. Robert Allen, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Wald, Alexandra)
August 27, 2009 Opinion or Order Filing 64 Letter MOTION for Protective Order by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (O'Connor, Kevin)
August 20, 2009 Opinion or Order Filing 63 ORDER: The attorneys for the respective parties are directed to appear in person for a conference/hearing regarding their document production dispute. Said conference is scheduled for 9/2/09 at 10:00 a.m. No adjournment will be granted absent extraordinary circumstances. (Discovery Hearing set for 9/2/2009 10:00 AM before Magistrate Judge Michael L. Orenstein.) (See Order for Details). Ordered by Magistrate Judge Michael L. Orenstein on 8/20/2009. (Imrie, Robert)
August 14, 2009 Opinion or Order Filing 62 MOTION for pre motion conference (Letter dated August 14, 2009 addressed to Hon. Michael L. Orenstein addressing the enclosed corrected letter dated August 12, 2009) by C. Robert Allen, III. (Attachments: #1 Exhibit Corrected Letter Dated August 12, 2009 addressed to Hon. Michael L. Orenstein regarding Plaintiff's request seeking relief pursuant to Local Rule 37.3 for the failure of defendant Christopher Devine ("Devine") and the limited liability company defendants other than D&B Towers, LLC (collectively, the "Devine Defendants") to comply with their obligations in responding to document requests served on 6/24/09) by C. Robert Allen, III, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Wald, Alexandra)
August 13, 2009 Opinion or Order Filing 61 RESPONSE to Motion for pre-motion conference to deal with a dispute over the production of records by the Non-D&B Defendants filed by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media Delta, LLC, College Creek Media LLC, Desert Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (O'Connor, Kevin)
August 12, 2009 Opinion or Order Filing 60 MOTION for pre motion conference (Letter dated 8/12/09 address to Hon. Michael L. Orenstein regarding Plaintiff's request seeking relief pursuant to Local Rule 37.3 for the failure of defendant Christopher Devine ("Devine") and the limited liability company defendants other than D&B Towers, LLC (collectively, the "Devine Defendants") to comply with their obligations in responding to document requests served on 6/24/09.) by C. Robert Allen, III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Wald, Alexandra)
July 30, 2009 Opinion or Order Filing 59 Letter dated 7/30/09 from M. Orenstein, U.S.M.J. to A. Stone, K. O'connor and N. Fortuna Re: Form Confidentiality Order. ( A copy of the Court's Form Confidentiality Order was mailed to counsel.) (Imrie, Robert)
July 24, 2009 Opinion or Order Filing 58 Letter (Parties jointly respectfully request a copy of the preferred form of a protective order that your Honor referenced at the Initial Scheduling Conference held on 7/9/09) by C. Robert Allen, III (Stone, Alexis)
July 16, 2009 Opinion or Order Filing 57 DISCLOSURE of Interested Parties by 3 Point Media - Arizona, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - San Francisco, LLC, 3 Point Media - Utah, LLC, 3 Point Media Delta, LLC, Bruce Buzil, College Creek Media LLC, D&B Towers LLC, Desert Sky Media LLC, Christopher Devine, John Does 1-50, Lakeshore Media, LLC, Marathon Media Group, LLC, Midvalley Radio Partners, LLC, Millcreek Broadcasting LLC, Portland Broadcasting LLC, Sky Media LLC, Superior Broadcasting of Denver, LLC, Superior Broadcasting of Nevada, LLC, Wackenburg Associates, LLC. (O'Connor, Kevin)
July 9, 2009 Opinion or Order Filing 56 SCHEDULING ORDER: Status Conference set for 11/2/2009 11:00 AM before Magistrate Judge Michael L. Orenstein. Fact Discovery due by 7/15/2010. Expert, including expert depositions due by 10/15/09. Motions due by 9/15/2010.Ordered by Magistrate Judge Michael L. Orenstein on 7/9/2009. (Imrie, Robert)
July 9, 2009 Opinion or Order Filing 55 Minute Entry for proceedings held before Magistrate Judge Michael L. Orenstein:Initial Conference Hearing held on 7/9/2009. Scheduling Order entered. (Imrie, Robert)
June 11, 2009 Opinion or Order Filing 54 NOTICE by C. Robert Allen, III "RICO STATEMENT" (Attachments: #1 Exhibit A - Complaint part 1, #2 Exhibit A - Complaint part 2) (Wald, Alexandra)
June 8, 2009 Opinion or Order Filing 52 REPLY in Support re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action filed by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC. (Attachments: #1 Reply Declaration of Kevin J. O'Connor in Support of Motion to Dismiss, #2 Exhibits A thru D to Reply Declaration of Kevin J. O'Connor, #3 Declaration of Service) (O'Connor, Kevin)
June 5, 2009 Opinion or Order Filing 51 ORDER Re: #47 Motion for Discovery: In view of the fact that (i) the parties have conferred in anticipation of the Rule 26(f) conference and (ii) that by Order, dated 6/3/09, this Court directed that Plaintiff serve and file a Civil RICO Statement in conformity with the attached Civil RICO statement, the Court directs that once Plaintiff has served and filed its Civil Rico Statement, the parties shall engage in discovery. Ordered by Magistrate Judge Michael L. Orenstein on 6/5/2009. (Imrie, Robert)
June 5, 2009 Opinion or Order Filing 50 NOTICE of Appearance by Harvey B. Silikovitz on behalf of C. Robert Allen, III (aty to be noticed) (Silikovitz, Harvey)
June 4, 2009 Opinion or Order Filing 49 Letter of Kevin J. O'Connor, Esq. in Response to Plaintiff Letter of June 4, 2009 by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC (O'Connor, Kevin)
June 4, 2009 Opinion or Order Filing 48 Letter of Kevin J. O'Connor, Esq. in Response to Plaintiff Letter of June 4, 2009 by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC (O'Connor, Kevin)
June 4, 2009 Opinion or Order Filing 47 Letter (re. a request for a clarification from your Honor that discovery should go forward) by C. Robert Allen, III (Attachments: #1 Exhibit Order dd 4-23-09, #2 Exhibit Joint Report of the Parties Pursuant to Fed R. Civ. P. 26(f)) (Wald, Alexandra) Modified on 6/5/2009 (Imrie, Robert).
June 3, 2009 Opinion or Order Filing 46 ORDER: the conference scheduled for 6/8/09 is adjourned. All parties are directed to appear at a conference to be held on 7/9/09 at 11:00 a.m. Plaintiff is directed to serve and file a Civil RICO Statement in conformity with the enclosed civil RICO Statement (attached). (Initial Conference set for 7/9/2009 11:30 AM before Magistrate Judge Michael L. Orenstein). Ordered by Magistrate Judge Michael L. Orenstein on 6/3/2009. (Attachments: #1 Civil RICO Statement) (Imrie, Robert)
June 1, 2009 Opinion or Order Filing 53 ENDORSED ORDER re #43 Letter. Document number 40 on the docket, Reply Memorandum of Law in support of motion to dismiss the complaint, will not be considered as it fails to comply with the Court's individual motion practices. The moving defendants may refile a complying brief on or before June 8, 2009. The Plaintiff's request to file a sur-reply is DENIED.. Ordered by Senior Judge Arthur D. Spatt on 6/1/2009. (Mierzejewski, Elizabeth)
June 1, 2009 Opinion or Order Filing 45 NOTICE by C. Robert Allen, III (Joint Report of The Parties Pusuant To FRCP 26(f) (Wald, Alexandra)
May 29, 2009 Opinion or Order Filing 44 REPLY in Support re #20 MOTION to Dismiss for Lack of Jurisdiction filed by D&B Towers LLC. (Callister, Mark)
May 29, 2009 Opinion or Order Filing 43 Letter to Judge Spatt in response to Plaintiff's Letter Application by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC (O'Connor, Kevin)
May 22, 2009 Opinion or Order Filing 42 CERTIFICATE OF SERVICE by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC re #40 Reply in Support,, #41 Affidavit in Support of Motion,,, (O'Connor, Kevin)
May 22, 2009 Opinion or Order Filing 41 AFFIDAVIT/DECLARATION in Support re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action filed by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC. (Attachments: #1 Exhibit Exhibit A - D) (O'Connor, Kevin)
May 22, 2009 Opinion or Order Filing 40 REPLY in Support re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action filed by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, College Creek Media LLC. (O'Connor, Kevin)
May 15, 2009 Opinion or Order Filing 39 DECLARATION OF ALEXANDRA WALD IN OPPOSITION TO D&B TOWERS' MOTION TO DISMISS by C. Robert Allen, III (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Wald, Alexandra)
May 15, 2009 Opinion or Order Filing 38 MEMORANDUM in Opposition re #20 MOTION to Dismiss for Lack of Jurisdiction by D&B Towers, LLC filed by all plaintiffs. (Wald, Alexandra)
May 8, 2009 Opinion or Order Filing 37 AFFIDAVIT/DECLARATION in Opposition re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action (Declaration of Alexandra Wald In Opposition To Motion To Dismiss) filed by all plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Stone, Alexis)
May 8, 2009 Opinion or Order Filing 36 MEMORANDUM in Opposition re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action (Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Complaint for Failure to Join Indispensable Parties or, Alternatively, to Transfer Action) filed by all plaintiffs. (Stone, Alexis)
May 8, 2009 Opinion or Order Filing 35 AFFIDAVIT/DECLARATION in Opposition re #19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action (Affidavit of Roger Emert, MD) filed by all plaintiffs. (Stone, Alexis)
April 24, 2009 Opinion or Order Filing 34 ORDER Re: #27 Stipulation and Order 1) Plaintiff shall have until the end of 5/15/09 to file and serve by ECF its opposition to the motion to dismiss made by Defendant D&B Towers, LLC. 2) Defendant D&B Towers, LLC shall have until the end of 5/29/09 to file its reply in support of its motion to dismiss. (Signed by Senior Judge Arthur D. Spatt on 4/24/09). C/F. (Coleman, Laurie)
April 23, 2009 Opinion or Order Filing 33 ORDER denying #28 Motion for Pre Motion Conference: The application herein to schedule a pre-motion conference is denied. However, in a separate order this Court directs that the attorneys for the respective parties appear for an initial scheduling conference on 6/8/09 at 3:00 p.m. Ordered by Magistrate Judge Michael L. Orenstein on 4/23/2009. (Imrie, Robert)
April 22, 2009 Opinion or Order Filing 31 Letter (THIS REPLACES DOCUMENT # 30) - Letter To Judge Michael Orenstein dated 4/22/09 re: opposition to the "Moving Defendants" letter of April 17, 2009 seeking leave to file a motion staying discovery pending resolution of their non-dispositive motion to dismiss) by C. Robert Allen, III (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wald, Alexandra)
April 21, 2009 Opinion or Order Filing 30 Letter (To Judge Spatt dated 4/21/09 re: opposition to the "Moving Defendants" letter of April 17, 2009 seeking leave to file a motion staying discovery pending resolution of their non-dispositive motion to dismiss) by C. Robert Allen, III (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Wald, Alexandra)
April 21, 2009 Opinion or Order Filing 29 NOTICE of Appearance by Alexis Gena Stone on behalf of C. Robert Allen, III (aty to be noticed) (Stone, Alexis)
April 17, 2009 Opinion or Order Filing 28 Letter Request for Pre-Motion Conference by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC (O'Connor, Kevin) Modified on 4/24/2009 (Imrie, Robert).
April 9, 2009 Opinion or Order Filing 32 ORDER granting #25 Motion requesting permission to withdraw the #8 Motion to Dismiss - The Clerk of the Court shall terminate the motion at docket no. 8 and shall remove counsel from distribution. (Signed by Senior Judge Arthur D. Spatt on 4/9/09). (Coleman, Laurie)
April 9, 2009 Opinion or Order Filing 27 STIPULATION and Order by C. Robert Allen, III (Read, Nathaniel)
April 7, 2009 Opinion or Order Filing 26 STIPULATION AND ORDER (1)that Plaintiff shall have until the end of May 9, 2009 to file and serve by ECF its opposition to the motion to dismiss (2) Defendant shall have until the end of May 22, 2009 to file their reply in support of their motion to dismiss (3) This stip may be signed in counterparts; and (4) Facsimile signatures of this Stipulation shall have the same force and effect as original signatures. Ordered by Senior Judge Arthur D. Spatt on 4/7/2009. (Mierzejewski, Elizabeth)
April 7, 2009 Opinion or Order Filing 25 MOTION to Withdraw #8 MOTION to Dismiss for Lack of Jurisdiction by Bruce Buzil. (Barrer, Robert)
April 6, 2009 Opinion or Order Filing 24 STIPULATION and Proposed Order by C. Robert Allen, III (Read, Nathaniel)
April 3, 2009 Opinion or Order Filing 23 Letter Requesting Oral Argument on Motion to Dismiss the Complaint, filed today April 3, 2009 by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC (O'Connor, Kevin)
April 3, 2009 Opinion or Order Filing 22 Letter Requesting Oral Argument on Motion to Dismiss by D&B Towers LLC (Fortuna, Nicholas)
April 3, 2009 Opinion or Order Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss for Lack of Jurisdiction filed by D&B Towers LLC. (Callister, Mark)
April 3, 2009 Opinion or Order Filing 20 MOTION to Dismiss for Lack of Jurisdiction by D&B Towers LLC. (Attachments: #1 Affidavit in Support Affidavit of Bret J. Leifson) (Callister, Mark)
April 3, 2009 Opinion or Order Filing 19 Notice of MOTION to Dismiss Complaint for Failure to Join Indispensable Parties or in the Alternative, Transfer Action by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss the Complaint for Failure to Join Indispensable Parties or in the Alternative Transfer Action, #2 Affidavit in Support of Kevin J. O'Connor in Support of Motion to Dismiss the Complaint for Failure to Join Indispensable Parties or, Alternatively to Transfer Action, #3 Exhibit A to Declaration of Kevin J. O'Connor in Support of Motion to Dismiss, #4 Exhibit B to Declaration of Kevin J. O'Connor in Support of Motion to Dismiss, #5 Exhibit C to Declaration of Kevin J. O'Connor in Support of Motion to Dismiss, #6 Affidavit in Support in Support of Motion of Dismiss) (O'Connor, Kevin)
April 2, 2009 Opinion or Order Filing 18 NOTICE by Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC of Automatic Stay and Suggestion of Bankruptcy for Defendants' Millcreek Broadcasting LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC and 3 Point Media - Delta, LLC (O'Connor, Kevin)
April 2, 2009 Opinion or Order Filing 17 ORDER granting #16 Motion for Mark L. Callister Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Michael L. Orenstein on 4/2/2009. (Imrie, Robert)
March 31, 2009 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 02070000000003454259. by D&B Towers LLC. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order To Practice Pro Hac Vice) (Callister, Mark)
March 24, 2009 Opinion or Order Filing 15 NOTICE OF VOLUNTARY DISMISSAL without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to defendant Bruce Buzil. The Clerk of the Court shall adopt the amended caption. (Signed by Senior Judge Arthur D. Spatt, on 3/24/09). (Coleman, Laurie)
March 23, 2009 Opinion or Order Filing 14 STIPULATION and ORDER by C. Robert Allen, III (Read, Nathaniel)
March 20, 2009 Opinion or Order Filing 13 NOTICE of Voluntary Dismissal by C. Robert Allen, III (Notice Of Voluntarily Dismissal Without Prejudice Pursuant To Fed. R. Civ. P. 41(a)(1)(A)(i) (Gresser, Lawrence)
March 20, 2009 Opinion or Order Filing 11 LETTER dated 3/20/09 from Law Clerk to the Honorable Arthur D. Spatt to Lawrence T. Gresser Re: Document 9 filed on 3/19/09, Voluntary Dismissal of Bruce Buzil, will not be considered because these documents fail to set forth a proposed amended caption as required by Individual Rule II(b). You may refile these documents upon compliance with the Court's individual rules. (Coleman, Laurie)
March 19, 2009 Opinion or Order Filing 9 ** The document herein will not be considered, SEE #11 Letter from the Court, dated 3/20/09. NOTICE of Voluntary Dismissal by C. Robert Allen, III without Prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (Gresser, Lawrence) Modified on 3/20/2009 (Coleman, Laurie).
March 19, 2009 Opinion or Order Filing 8 MOTION to Dismiss for Lack of Jurisdiction by Bruce Buzil. Responses due by 4/3/2009 (Attachments: #1 Affidavit in Support Affidavit of Alan R. Peterman, Esq., #2 Exhibit A to Affidavit of Alan R. Peterman, Esq., #3 Exhibit B to Affidavit of Alan R. Peterman, Esq., #4 Affidavit in Support Affidavit of Bruce A. Buzil, #5 Memorandum in Support of Motion to Dismiss, #6 Certificate of Service of Motion to Dismiss and Supporting Papers) (Barrer, Robert)
March 19, 2009 Opinion or Order Filing 7 NOTICE of Appearance by Robert A. Barrer on behalf of Bruce Buzil (aty to be noticed) (Barrer, Robert)
March 13, 2009 Opinion or Order Filing 12 ORDER TO ANSWER Re: #2 Stipulation - The time for Defendant Bruce Buzil to answer or otherwise respond to the Complaint in the above-referenced matter is hereby extended from 3/12/09 to 3/20/09. (Signed by Senior Judge Arthur D. Spatt on 3/13/09). (Coleman, Laurie)
March 13, 2009 Opinion or Order Filing 10 ORDER TO ANSWER Re: #5 Stipulation - The time for Defendant D&B Towers LLC to answer or otherwise respond to the Complaint is extended from 3/16/09 through and including 4/6/09. (Signed by Senior Judge Arthur D. Spatt on 3/16/09). (Coleman, Laurie)
March 13, 2009 Opinion or Order Filing 6 NOTICE of Appearance by Kevin Joseph O'Connor on behalf of Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, Christopher Devine, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC (aty to be noticed) (O'Connor, Kevin)
March 13, 2009 Opinion or Order Filing 5 STIPULATION re #1 Complaint,,, Extending Time to Answer or Otherwise Move by D&B Towers LLC (Fortuna, Nicholas)
March 13, 2009 Opinion or Order Filing 4 NOTICE of Appearance by Nicholas J. Fortuna on behalf of D&B Towers LLC (aty to be noticed) (Fortuna, Nicholas)
March 12, 2009 Opinion or Order Filing 3 SUMMONS Returned Executed by C. Robert Allen, III. Marathon Media Group, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Salt Lake City, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media Delta, LLC served on 2/25/2009, answer due 3/17/2009; 3 Point Media - Utah, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Franklin, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Prescott Valley, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Coalville, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Arizona, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Florida, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Kansas, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - Ogden, LLC served on 2/24/2009, answer due 3/16/2009; 3 Point Media - San Francisco, LLC served on 2/24/2009, answer due 3/16/2009; Midvalley Radio Partners, LLC served on 2/24/2009, answer due 3/16/2009; D&B Towers LLC served on 2/24/2009, answer due 3/16/2009; Superior Broadcasting of Nevada, LLC served on 2/24/2009, answer due 3/16/2009; Superior Broadcasting of Denver, LLC served on 2/24/2009, answer due 3/16/2009; Wackenburg Associates, LLC served on 2/24/2009, answer due 3/16/2009; Portland Broadcasting LLC served on 2/24/2009, answer due 3/16/2009; Desert Sky Media LLC served on 2/24/2009, answer due 3/16/2009; Sky Media LLC served on 2/24/2009, answer due 3/16/2009; Christopher Devine served on 2/24/2009, answer due 3/16/2009; Bruce Buzil served on 2/24/2009, answer due 3/16/2009; Lakeshore Media, LLC served on 2/24/2009, answer due 3/16/2009; Millcreek Broadcasting LLC served on 2/25/2009, answer due 3/17/2009; College Creek Media LLC served on 2/24/2009, answer due 3/16/2009. (Read, Nathaniel)
March 11, 2009 Opinion or Order Filing 2 STIPULATION (Stipulation Extending Defendant Bruce Buzil's Time To Answer Or Otherwise Respond To Plaintiff's Complaint). by C. Robert Allen, III (Read, Nathaniel)
February 23, 2009 Opinion or Order Case Ineligible for Arbitration (Bollbach, Jean)
February 18, 2009 Opinion or Order Filing 1 COMPLAINT (rec. #363262) against Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Bruce Buzil, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC $ 350, filed by C. Robert Allen, III. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (Rodecker, John)
February 18, 2009 Opinion or Order Summons Issued as to Marathon Media Group, LLC, 3 Point Media - Salt Lake City, LLC, 3 Point Media Delta, LLC, 3 Point Media - Utah, LLC, 3 Point Media - Franklin, LLC, 3 Point Media - Prescott Valley, LLC, 3 Point Media - Coalville, LLC, 3 Point Media - Arizona, LLC, 3 Point Media - Florida, LLC, 3 Point Media - Kansas, LLC, 3 Point Media - Ogden, LLC, 3 Point Media - San Francisco, LLC, Midvalley Radio Partners, LLC, D&B Towers LLC, Superior Broadcasting of Nevada, LLC, Superior Broadcasting of Denver, LLC, Wackenburg Associates, LLC, Portland Broadcasting LLC, Desert Sky Media LLC, Sky Media LLC, John Does 1-50, Christopher Devine, Bruce Buzil, Lakeshore Media, LLC, Millcreek Broadcasting LLC, College Creek Media LLC. (Rodecker, John)

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Search for this case: Allen v. Devine et al
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Plaintiff: C. Robert Allen, III
Represented By: Alexandra Sarah Wald
Represented By: Lawrence T. Gresser
Represented By: Nathaniel P.T. Read
Represented By: Alexis Gena Stone
Represented By: Harvey B. Silikovitz
Represented By: Patrick McCormick
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Plaintiff: The Estate of Robet C. Allen, III
Represented By: Frank T. Santoro
Represented By: James M. Wicks
Represented By: Joseph N. Campolo
Represented By: Patrick McCormick
Represented By: Kathryn Mary Carney Cole
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Defendant: Christopher Devine
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Bruce Buzil
Represented By: Alan Robert Peterman
Represented By: Robert A. Barrer
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Defendant: Lakeshore Media, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Millcreek Broadcasting LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
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Defendant: College Creek Media LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Marathon Media Group, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Salt Lake City, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media Delta, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Utah, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Franklin, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Prescott Valley, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Coalville, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Arizona, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Florida, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Kansas, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - Ogden, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: 3 Point Media - San Francisco, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Midvalley Radio Partners, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: D&B Towers LLC
Represented By: Nicholas J. Fortuna
Represented By: Kevin Joseph O'Connor
Represented By: Mark L Callister
Represented By: Megan Jeane Muoio
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Defendant: Superior Broadcasting of Nevada, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Superior Broadcasting of Denver, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Wackenburg Associates, LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Portland Broadcasting LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Desert Sky Media LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Sky Media LLC
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: John Does 1-50
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Devine Racing Management, LLC
Represented By: Kevin Joseph O'Connor
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Defendant: ACB Consulting Co.
Represented By: Daniel E. Budorick
Represented By: David Scriven-Young
Represented By: Edward Pacer
Represented By: Kevin Joseph O'Connor
Represented By: Thomas Jerome Curran
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Defendant: Richard Davis
Represented By: Judd Burstein
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Defendant: Excelsior Capital, LLC
Represented By: Judd Burstein
Represented By: Kevin Joseph O'Connor
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Defendant: Superior Broadcasting Co.
Represented By: Kevin Joseph O'Connor
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Defendant: Luke Allen
Represented By: Kevin Joseph O'Connor
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