Shefts v. Petrakis
| Jamison J Shefts |
| John Petrakis |
| 1:2010cv01104 |
| April 21, 2010 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| Joe Billy McDade |
| Other Statutory Actions |
| 18 U.S.C. ยง 2510 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
286
ORDER & OPINION entered by Judge Joe Billy McDade on 07/22/2013. For the foregoing reasons, Plaintiff's Count II is DISMISSED WITH PREJUDICE, and Plaintiff's Motion for Reconsideration 285 is DENIED. This matter will proceed with the Final Pretrial Conference on July 24, 2013 at 11:00 A.M., and jury trial beginning August 5, 2013. See Full Written Order.(JS, ilcd)
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Filing
276
ORDER AND OPINION entered by Judge Joe Billy McDade on 06/21/2013. For the foregoing reasons, Defendant Morgan's Motion for Summary Judgment 273 is GRANTED. Plaintiff MAY NOT PROCEED on a "procurement" claim under the ECPA. In additi on, Plaintiff MAY NOT PROCEED on "use" or "disclosure" claims under the ECPA against any of the Defendants. Finally, the Court herein DETERMINES that Plaintiff has implicitly indicated his abandonment of the Yahoo! email claim und er the SCA, such that Count III has been completely resolved in Defendants' favor. Plaintiff has not waived his right to appeal the Court's rulings as to the Access2Go and text message claims under the SCA, but MAY NOT REASSERT those claims at trial. This matter remains set for final pretrial conference on July 10, 2013, and jury trial beginning August 5, 2013. See Full Written Order.(JS, ilcd)
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Filing
272
ORDER & OPINION Entered by Judge Joe Billy McDade on 3/14/13. The Court has herein resolved all remaining outstanding questions related to the calculation of damages in this case, assuming that the jury will find Defendants liable. If liability under the SCA is found as to the Yahoo! email claim, the fact that Plaintiff does not seek actual damages does not preclude his recovery of statutory damages under the SCA. (SW, ilcd)
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Filing
269
ORDER Entered by Judge Joe Billy McDade on 2/20/13. The Court has herein resolved several outstanding questions related to the calculation of damages in this case, assuming that the jury will find Defendants liable. In addition, the Court believes that all of the claims under Count III have been resolved or dropped; if Plaintiff wishes to proceed with the Yahoo! email claim under the SCA, he SHALL notify the Court within seven days of the date of this Order.(SW, ilcd)
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Filing
268
ORDER & OPINION Entered by Judge Joe Billy McDade on 2/8/13. Defendants' Motion for Summary Judgment 262 is GRANTED. Summary judgment is granted in favor of Defendants on Plaintiff's claim in Count III that their accession of his text mes sages violated the Stored Communications Act. The only issue remaining under Count III is whether Defendants accessed Plaintiff's Yahoo! email messages within the meaning of the Stored Communications Act. This matter remains set for final pretrial conference on July 10, 2013, and jury trial beginning August 5, 2013. (SW, ilcd)
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Filing
255
ORDER: This matter is set for a telephone status conference on January 4, 2013 at 9:00 A.M., at which the Court will set the dates for the final pretrial conference and trial. The Court will place the call. The parties may supplement their discovery responses and initial disclosures until January 3, 2013, and shall file briefs on the issue of damages, as described in written order, by 4:00 P.M. on January 3, 2013. See written order. Entered by Judge Joe Billy McDade on 12/21/12. (JBM8, ilcd)
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Filing
250
ORDER & OPINION Entered by Judge Joe Billy McDade on 9/12/12. Plaintiff's Motion for Summary Judgment against Kevin Morgan on a Major Issue (Conspiracy) 230 is DENIED AS MOOT. (SW, ilcd)
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Filing
210
ORDER Entered by Judge Joe Billy McDade on 11/29/11. Plaintiff's Motion for Summary Judgment 187 is DENIED, Defendants' Motion for Leave to File Third-Party Complaint for Contribution 181 is GRANTED, Defendants' Motion for Leave t o File a Reply in support of their Motion for Leave to File Third-Party Complaint for Contribution 192 is GRANTED, and Plaintiff's Motion to File Affidavit of John Tandeski Under Seal 206 is GRANTED. The Clerk of the Court is directed to FIL E Defendants' Reply, attached as Exhibit A of their Motion for Leave to File a Reply 192 ; to FILE Defendants' Third-Party Complaint for Contribution against John Tandeski, attached as Exhibit A of their Motion for Leave to File Third-Party Complaint for Contribution 181 ; and to MAINTAIN the Affidavit of John Tandeski and its accompanying exhibits 206 under seal. This matter is referred to Magistrate Judge Gorman for further pretrial proceedings. IT IS SO ORDERED.(SW, ilcd)
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Filing
207
ORDER Entered by Judge Joe Billy McDade on 10/18/11. Defendants' Motion to Enforce Production Subpoena Issued to John Tandeski and to Extend Deadline for his Deposition 194 is GRANTED IN PART AND DENIED AS MOOT IN PART.Tandeski SHALL label, w ithin seven days of the date of this Order & Opinion, each document or electronic file produced in response to items one, two, four, and five of Defendants' April 26, 2011 subpoena in order to correspond to the categories requested in the subpoe na. Defendants' request for an order requiring Tandeski to produce text messages and phone records requested in items six and seven of the subpoena is DENIED AS MOOT, as he represents that he has produced those records. The fact discovery deadline, only as to Defendants' deposition of Tandeski, is EXTENDED to November 7, 2011. (SW, ilcd)
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Filing
193
ORDER & OPINION entered by Judge Joe Billy McDade on 9/19/11 granting in part and denying in part 182 Motion to Strike or In the Alternative Fix a Date. Plaintiff may file a surreply as described in this Order; denying 189 Motion for Extension of Time. All Responses to Plaintiff's Motion for Summary Judgment due by 10/3/2011. (SF, ilcd)
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Filing
164
ORDER & OPINION Entered by Judge Joe Billy McDade on 7/22/11. 161 Motion for Extension of Time to File Response to 152 MOTION for Summary Judgment GRANTED in part. Plaintiff is granted until 8/5/2011 to file its Response. (SW, ilcd)
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Filing
160
ORDER Entered by Judge Joe Billy McDade on 7/20/11. 154 Motion for Disclosure is GRANTED and Defendants' Objection to Feehan's Proposed Disclosure 156 is SUSTAINED. Pursuant to the Agreed Order, Feehan shall not make any disclosures until ten days after this Order is issued. See written order (SW, ilcd)
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Filing
145
ORDER Entered by Judge Joe Billy McDade on 5/11/11. 130 Motion to Modify Subpoena Issued to Access2Go re 127 Subpoena filed by John Petrakis, Heidi Huffman, Kevin Morgan is GRANTED in part and DENIED in part. It is GRANTED in all respects discussed in this order. It is DENIED in all other respects. This matter is REFERRED to Magistrate Judge Cudmore for further pre-trial proceedings, including a Rule 16 Scheduling Conference. IT IS SO ORDERED. (SM, ilcd)
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Filing
140
ORDER granting in part and denying in part 133 Motion for Reconsideration. It is GRANTED to the extent that the Court herein reconsidered its original opinion. It is DENIED to the extent that it seeks to quash and/or modify the April 26, 2011 Subpoena to Produce Documents issued to John Tandeski. (Doc. 133-1). IT IS SO ORDERED. Entered by Judge Joe Billy McDade on 5/4/11. (SM, ilcd)
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Filing
111
ORDER Entered by Judge Joe Billy McDade on 1/28/11 granting 110 Motion to Modify Subpoena to James Feehan Pursuant to Rule 45. See written order. (SM, ilcd)
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Filing
109
ORDER & OPINION Entered by Judge Joe Billy McDade on 1/27/11. Tandeskis Motion to Modify 106 is GRANTED and requests 3, 4, 5, 6 and 7 are STRICKEN. Thisruling does not limit Defendants ability to question Tandeski regarding theexistence and substance of meetings, telephone conversations, and text messagesbetween himself and Plaintiff, or any person associated with Plaintiffs counsel. IT IS SO ORDERED. (SM, ilcd)
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Filing
102
ORDER & OPINION Entered by Judge Joe Billy McDade on 1/20/11. 99 Motion for Leave to File Document Under Seal is GRANTED. Plaintiffs Emergency Motionfor Reconsideration and/or Clarification 100 is DENIED. Defendants may proceed with their depositions of John Tandeski and Greg Bell, and the matter remains set for an evidentiary hearing on February 24, 2011. IT IS SO ORDERED. (SM, ilcd)
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Filing
84
ORDER Entered by Judge Michael M. Mihm on 12/8/10. For the foregoing reasons, Defendants Motion to Strike New Argument Raised in Reply or Fix a Date for Surreply is GRANTED 67 and the June 2007 email is STRICKEN, Plaintiffs Motion for Leave to File Oversized Brief in Reply 77 is GRANTED, and Plaintiffs Motion for Summary Judgment 47 is DENIED. In addition, Defendant Morgans Motion to File Affidavit of Tim Bertschy, Along with Shefts State Court Memorandum of Law 66 is DENIED, Defendant Morgans Motion to Strike 57 is GRANTED in part and Paragraphs 51-52 and 57-62 of the First Amended Verified Complaint are STRICKEN, and Defendant Morgans Motion to Stay 57 is DENIED. IT IS SO ORDERED.(SM, ilcd)
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Filing
56
ORDER Entered by Judge Joe Billy McDade on 8/12/10. 54 Motion for Extension of Time to File Response/Reply re 47 MOTION for Summary Judgment is GRANTED IN PART and DENIED IN PART. Defendant Kevin Morgan's answer to the Amended Complaint is due on or before 8/23/2010. Defendants Petrakis and Huffman are GRANTED until September 6, 2010 to file their Response(s) to 47 Motion for Summary Judgment. (SM, ilcd)
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| Plaintiff: Jamison J Shefts | |
| Represented By: | Robert M Riffle |
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| Defendant: John Petrakis | |
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