Johnson v. Yahoo! Inc. Featured Case

Plaintiff alleged that Defendant Yahoo! Inc. violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, by sending her unsolicited SMS text messages to her cellular telephone using an automatic telephone dialing system in connection with the Yahoo! Messenger instant messaging service.

Plaintiff: Rachel Johnson
Defendant: Yahoo! Inc.
Case Number: 1:2014cv02028
Filed: March 21, 2014
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Matthew F. Kennelly
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2017 Filing 291 RESPONSE by Rachel Johnsonin Opposition to MOTION by Defendant Yahoo! Inc. for Decertification of the Class 281 , SEALED MOTION by Defendant Yahoo! Inc. for Decertification of the Class 282 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sostrin, Timothy)
April 5, 2017 Filing 290 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply 287 289 is granted. Plaintiff's response is due 4/12/17; defendant's reply is due 5/3/17. No appearance on the motion is necessary. Notices mailed. (psm, )
April 4, 2017 Filing 289 MOTION by Plaintiff Rachel Johnson for extension of time to file response/reply as to motion for miscellaneous relief, 281 , Sealed motion, 282 corrected motion (Keogh, Keith)
April 4, 2017 Filing 288 NOTICE of Motion by Keith James Keogh for presentment of motion for extension of time to file response/reply, motion for relief, 287 before Honorable Manish S. Shah on 4/11/2017 at 09:45 AM. (Keogh, Keith)
April 4, 2017 Filing 287 MOTION by Plaintiff Rachel Johnson for extension of time to file response/reply as to motion for miscellaneous relief, 281 , Sealed motion, 282 , Unopposed, (Keogh, Keith)
March 24, 2017 Filing 286 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply 284 is granted. Plaintiff's response is now due 4/5/17; defendant's reply 4/26/17. No appearance on the motion is necessary. Notices mailed. (psm, )
March 23, 2017 Filing 285 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for extension of time to file response/reply,, motion for relief,,, 284 before Honorable Manish S. Shah on 3/28/2017 at 09:45 AM. (Sostrin, Timothy)
March 23, 2017 Filing 284 MOTION by Plaintiff Rachel Johnson for extension of time to file response/reply as to motion for miscellaneous relief, 281 , Sealed motion, 282 UNOPPOSED MOTION FOR A SEVEN DAY EXTENSION OF TIME TO FILE RESPONSE TO MOTION FOR DECERTIFICATION OF THE CLASS (Sostrin, Timothy)
March 2, 2017 Filing 283 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file under seal 279 is granted. The court acknowledges that business confidentiality is not a basis to seal information that is relevant to the court's decisionmaking, and will unseal material that the court consults as part of the motion (unless defendant demonstrates, in more than conclusory fashion, that the information qualifies as a trade secret protected by statute). Temporary sealing, while the motion is under advisement, is permitted. No appearance on the motion is necessary. Notices mailed. (psm, )
March 1, 2017 Filing 282 SEALED MOTION by Defendant Yahoo! Inc. for Decertification of the Class (Attachments: # 1 Declaration of Dr. Edgar Whipple, # 2 Exhibit A to Declaration of Dr. Whipple, # 3 Exhibit B to Declaration of Dr. Whipple, # 4 Declaration of Timothy W. Loose)(Wheeler, David)
March 1, 2017 Filing 281 MOTION by Defendant Yahoo! Inc. for Decertification of the Class (Attachments: # 1 Declaration of Dr. Edgar Whipple, # 2 Declaration of Timothy W. Loose, # 3 Declaration of Amir Doron, # 4 Certificate of Service)(Wheeler, David)
March 1, 2017 Filing 280 NOTICE of Motion by David A. Wheeler for presentment of motion to seal 279 before Honorable Manish S. Shah on 3/9/2017 at 09:45 AM. (Wheeler, David)
March 1, 2017 Filing 279 MOTION by Defendant Yahoo! Inc. to seal Yahoo! Inc.'s Motion for Decertification of the Class and Exhibits thereto (Wheeler, David)
February 17, 2017 Filing 278 TRANSCRIPT OF PROCEEDINGS held on 01/31/17 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Conway, Colleen)
February 2, 2017 Filing 277 MINUTE entry before the Honorable Manish S. Shah: Defendant's request to reopen discovery is denied. While defendant learned of potential sources of evidence to support its consent defense relatively recently (and somewhat fortuitously), that is not good cause to reopen discovery in this case. Nothing prevented defendant from investigating and pursuing evidence of consent during the discovery phase of the case. The breadth of plaintiffs' initial, proposed class definition likely did make the cost-benefit analysis of affirmative-defense discovery different than it would have been had the plaintiffs offered a narrower class. But that does not mean that defendant should be permitted to revisit its strategic choices. Consent was always going to be a merits issue if any class were certified, and sophisticated parties must take into account the risk that a court will certify a class that is different than the one that was proposed. The clarification that users, not merely subscribers, are the class members was not a significant change from the perspective of the consent defense. Defendant has not shown that, had it known the users were the class members, it would have conducted discovery on consent differently. The court finds it more likely that defendant's strategy would have remained the same. Defendant argues that the requested discovery will not be time-consuming, and given that no trial date has been set, it should be given the opportunity to keep searching for evidence of consent. There is some force to this argument, but in the end, it is not sufficient to provide the good cause necessary to deviate from the discovery schedule that was in place and has closed. Plaintiffs were entitled to base their trial strategy on defendant's approach to discovery, and reopening discovery now would only be an invitation to more costs being imposed on all sides. It would not be a just, speedy, and inexpensive approach to managing this case. See Fed. R. Civ. P. 1. Notices mailed. (psm, )
January 31, 2017 Filing 276 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Defendant's decertification motion is due 3/1/17. Plaintiff's response is due 3/29/17; defendant's reply is due 4/19/17. Continued status hearing is set for 5/25/17 at 9:30 a.m. The court will issue a ruling via cm/ecf regarding defendant's discovery requests. Notices mailed. (psm, )
January 31, 2017 Filing 275 SUPPLEMENT to status report 272 by Yahoo!, Inc. (Attachments: # 1 Certificate of Service)(Wheeler, David)
January 30, 2017 Filing 274 STATUS Report by Rachel Johnson (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Keogh, Keith)
January 30, 2017 Filing 273 NOTICE by Yahoo! Inc. (Wheeler, David)
January 30, 2017 Filing 272 STATUS Report by Yahoo! Inc. (Attachments: # 1 Exhibit A)(Wheeler, David)
December 14, 2016 Filing 271 TRANSCRIPT OF PROCEEDINGS held on 12/01/16 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/4/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/14/2017. (Conway, Colleen)
December 12, 2016 Opinion or Order Filing 270 ORDER Approving Class Notice. Signed by the Honorable Manish S. Shah on 12/12/2016. Notices mailed by Judicial Staff. (psm, )
December 12, 2016 Filing 269 MINUTE entry before the Honorable Manish S. Shah: Defendant's objections to plaintiff's proposed order approving class notice are sustained in part, overruled in part. The court understands the value of an "attention-grabbing" headline in a press release, but a court-approved headline should avoid potentially misleading terminology. The pejorative word "spam" shall be deleted from the headline. The reference to damages is not misleading and accurately describes the potential statutory damages applicable. Defendant's request to direct the claims administrator to retain all correspondence regarding the notice is denied. Retaining correspondence in response to the notice is appropriate for purposes of communication with the class--one purpose of the notice. Defendant's request does not advance that goal and is overbroad. Enter revised order. Notices mailed by Judicial Staff. (psm, )
December 7, 2016 Filing 268 RESPONSE by Plaintiff Rachel Johnson to objections 267 (Sostrin, Timothy)
December 7, 2016 Filing 267 OBJECTIONS to Plaintiff's Proposed Order Approving Class Notice (Wheeler, David)
December 1, 2016 Filing 266 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. For the reasons stated in open court, the amended motion to approve class notice 252 is granted. Plaintiff is directed to submit a revised proposed order to proposed_order_shah@ilnd.uscourts.gov. The parties may conduct discovery by agreement only. Continued status hearing is set for 1/31/17 at 10:00 a.m. Notices mailed by Judicial Staff. (psm, )
November 28, 2016 Filing 265 MINUTE entry before the Honorable Manish S. Shah: Motion for leave to file Reply in Support of Amended Motion to Approve Class Notice Under Seal 263 is granted. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
November 16, 2016 Filing 264 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 263 before Honorable Manish S. Shah on 11/29/2016 at 09:45 AM. (Sostrin, Timothy)
November 16, 2016 Filing 263 MOTION by Plaintiff Rachel Johnson for leave to file Reply in Support of Amended Motion to Approve Class Notice Under Seal (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
November 16, 2016 Filing 262 REPLY by Plaintiff Rachel Johnson to Sealed motion 252 Amended Motion to Approve Class Notice (Sostrin, Timothy)
November 16, 2016 Filing 261 SEALED REPLY by Rachel Johnson to SEALED MOTION by Plaintiff Rachel Johnson , Amended Motion to Approve Class Notice 252 (Sostrin, Timothy)
November 3, 2016 Filing 260 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to seal 256 is granted. The court notes that information that was labeled confidential for purposes of discovery but does not include a person's name, home address, SSN, or financial account number, will be unsealed at a later date. Notices mailed by Judicial Staff. (psm, )
November 3, 2016 Filing 259 SEALED RESPONSE by Yahoo! Inc. to SEALED MOTION by Plaintiff Rachel Johnson , Amended Motion to Approve Class Notice 252 (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit D, # 5 Certificate of Service)(Wheeler, David)
November 2, 2016 Filing 258 RESPONSE by Yahoo! Inc. to SEALED MOTION by Plaintiff Rachel Johnson , Amended Motion to Approve Class Notice 252 (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Certificate of Service)(Wheeler, David)
November 2, 2016 Filing 257 NOTICE of Motion by David A. Wheeler for presentment of motion to seal 256 before Honorable Manish S. Shah on 11/9/2016 at 09:45 AM. (Wheeler, David)
November 2, 2016 Filing 256 MOTION by Defendant Yahoo! Inc. to seal Response to Plaintiff's Amended Motion to Approve Class Notice and Exhibits Thereto (Wheeler, David)
October 14, 2016 Filing 255 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file under seal 253 is granted. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
October 12, 2016 Filing 254 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to seal 253 before Honorable Manish S. Shah on 10/18/2016 at 09:45 AM. (Sostrin, Timothy)
October 12, 2016 Filing 253 MOTION by Plaintiff Rachel Johnson to seal Plaintiff's Amended Motion to Approve Class Notice (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
October 12, 2016 Filing 252 SEALED MOTION by Plaintiff Rachel Johnson , Amended Motion to Approve Class Notice (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Sostrin, Timothy)
October 6, 2016 Filing 251 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 249 is granted. The amended motion to approve class notice is due 10/12/16. Defendant's response is due 11/2/16; plaintiff's reply is due 11/16/16. No appearance on the motion is necessary. Status hearing remains set for 12/1/16 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
October 5, 2016 Filing 250 NOTICE of Motion by Timothy J. Sostrin for presentment of extension of time 249 before Honorable Manish S. Shah on 10/11/2016 at 09:45 AM. (Sostrin, Timothy)
October 5, 2016 Filing 249 MOTION by Plaintiff Rachel Johnson for extension of time TO FILE AMENDED MOTION TO APPROVE CLASS NOTICE (Sostrin, Timothy)
September 27, 2016 Filing 248 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file 246 is granted. The amended motion to approve class notice is due 10/5/16. Defendant's response is due 10/19/16; plaintiff's reply is due 11/2/16. No appearance on the motion is necessary. Plaintiff's prior motion to approve class notice 227 is terminated as withdrawn. Status hearing is reset to 12/1/16 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
September 26, 2016 Filing 247 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 246 before Honorable Manish S. Shah on 9/29/2016 at 09:45 AM. (Sostrin, Timothy)
September 26, 2016 Filing 246 MOTION by Plaintiff Rachel Johnson for leave to file AMENDED MOTION TO APPROVE CLASS NOTICE, SET BRIEFING SCHEDULE, AND VACATE STATUS HEARING (Sostrin, Timothy)
September 13, 2016 Filing 245 TRANSCRIPT OF PROCEEDINGS held on 08/23/16 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/4/2016. Redacted Transcript Deadline set for 10/14/2016. Release of Transcript Restriction set for 12/12/2016. (Conway, Colleen)
September 2, 2016 Filing 244 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to appear pro hac vice 241 is granted. Timothy Loose is added as counsel for Yahoo! Inc. Notices mailed by Judicial Staff. (psm, )
August 23, 2016 Filing 243 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. For the reasons stated in open court, the motion to compel Sprint 218 is denied as moot, without prejudice. The 11/1/16 trial date is stricken. The Sprint deposition must be completed by 9/14/16. Plaintiff's reply in support of her motion to approve class notice 227 is due 9/28/16. Continued status hearing is set for 10/7/16 at 9:45 a.m. Notices mailed by Judicial Staff. (psm, )
August 19, 2016 Filing 242 RESPONSE by Yahoo! Inc.in Opposition to MOTION by Plaintiff Rachel Johnson to Approve Class Notice 227 (Attachments: # 1 Exhibit A)(Wheeler, David)
August 19, 2016 Filing 241 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12272481. (Loose, Timothy)
August 19, 2016 Filing 240 MINUTE entry before the Honorable Manish S. Shah: The motions for leave to appear pro hac vice 237 238 are granted. Scott Edelman and Christopher Chorba are added as counsel of record for defendant. Notices mailed by Judicial Staff. (psm, )
August 19, 2016 Filing 239 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to substitute attorney 233 is granted. Nina D. Boyajian; Lori Chang; Francis A Citera; Brett Michael Doran; Lucia Lynn Marker-Moore; Ian Charles Ballon and Justin Alexander Barton are terminated as counsel of record. Robert A. Chapman and David A. Wheeler are added as counsel of record for defendant. No appearance at 9:45 a.m. on 8/23/16 is necessary. Notices mailed by Judicial Staff. (psm, )
August 19, 2016 Filing 238 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12269204. (Chorba, Christopher)
August 19, 2016 Filing 237 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12269203. (Edelman, Scott)
August 18, 2016 Filing 236 ATTORNEY Appearance for Defendant Yahoo! Inc. by David A. Wheeler (Wheeler, David)
August 18, 2016 Filing 235 ATTORNEY Appearance for Defendant Yahoo! Inc. by Robert Andrew Chapman (Chapman, Robert)
August 18, 2016 Filing 234 NOTICE of Motion by Francis A Citera for presentment of motion to substitute attorney 233 before Honorable Manish S. Shah on 8/23/2016 at 09:45 AM. (Citera, Francis)
August 18, 2016 Filing 233 MOTION by Defendant Yahoo! Inc. to substitute attorney (Citera, Francis)
August 11, 2016 Filing 232 MINUTE entry before the Honorable Manish S. Shah: Status hearing and hearing on the motion to approve class notice 227 is reset to 8/23/16 at 10:30 a.m., at the parties' request. Notices mailed by Judicial Staff. (psm, )
August 11, 2016 Filing 231 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to continue status hearing and for leave to file a response 229 is granted. Defendant's response to the motion to approve class notice 227 is due 8/19/16. Status hearing and hearing on the motion 227 is reset to 8/22/16 at 10:30 a.m. No appearance on 8/16/16 nor 8/17/16 is necessary. Notices mailed by Judicial Staff. (psm, )
August 10, 2016 Filing 230 NOTICE of Motion by Brett Michael Doran for presentment of motion to continue, motion for leave to file 229 before Honorable Manish S. Shah on 8/16/2016 at 09:45 AM. (Doran, Brett)
August 10, 2016 Filing 229 MOTION by Defendant Yahoo! Inc. to continue Status Hearing, MOTION by Defendant Yahoo! Inc. for leave to file a Response to Plaintiffs Motion to Approve Class Notice (Doran, Brett)
August 8, 2016 Filing 228 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for miscellaneous relief 227 before Honorable Manish S. Shah on 8/17/2016 at 10:30 AM. (Sostrin, Timothy)
August 8, 2016 Filing 227 MOTION by Plaintiff Rachel Johnson to Approve Class Notice (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
July 26, 2016 Filing 226 TRANSCRIPT OF PROCEEDINGS held on 07/25/16 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/16/2016. Redacted Transcript Deadline set for 8/26/2016. Release of Transcript Restriction set for 10/24/2016. (Conway, Colleen)
July 25, 2016 Filing 225 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. Counsel for Sprint reports that the materials will be produced to plaintiff today. Plaintiff's motion to compel Sprint to respond to subpoena 218 is entered and continued. The parties shall submit a revised proposed class notice by 8/8/16. For the reasons stated in open court, defendant's motion to dismiss 213 is denied. Continued status hearing is set for 8/17/16 at 10:30 a.m. Notices mailed by Judicial Staff. (psm, )
July 15, 2016 Filing 224 REPLY by Defendant Yahoo! Inc. to motion to dismiss/lack of jurisdiction 213 , other 212 - Defendant's Brief in Further Support of Its Rule 12(b)(1) Motion to Dismiss and Opposition to Plaintiff's Submission on Article III Standing (Citera, Francis)
July 15, 2016 Filing 223 RESPONSE by Rachel Johnsonin Opposition to MOTION by Defendant Yahoo! Inc. to dismiss for lack of jurisdiction 213 (Sostrin, Timothy)
July 12, 2016 Filing 222 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Defendant's motion for extension of time 220 is granted. Responses to submissions on subject matter jurisdiction are now due 7/15/16. For the reasons stated in open court, plaintiff's motion to compel Sprint's response to subpoena 218 is entered and continued, along with the status hearing, to 7/25/16 at 10:00 a.m. No appearance on 7/14/16 or 7/22/16 is necessary. Notices mailed by Judicial Staff. (psm, )
July 11, 2016 Filing 221 NOTICE of Motion by Brett Michael Doran for presentment of motion for extension of time to file response/reply, motion for relief,, 220 before Honorable Manish S. Shah on 7/14/2016 at 09:45 AM. (Doran, Brett)
July 11, 2016 Filing 220 MOTION by Defendant Yahoo! Inc. for extension of time to file response/reply as to status hearing,, set deadlines,, set motion and R&R deadlines/hearings, 211 Subject Matter Jurisdiction,[Unopposed] (Doran, Brett)
June 30, 2016 Filing 219 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to compel 218 before Honorable Manish S. Shah on 7/12/2016 at 09:45 AM. (Sostrin, Timothy)
June 30, 2016 Filing 218 MOTION by Plaintiff Rachel Johnson to compel SPRINT'S RESPONSE TO SUBPOENA (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sostrin, Timothy)
June 29, 2016 Filing 217 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw 215 is granted. John Auchter and John Robert McInerney are terminated as counsel of record for plaintiff. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
June 29, 2016 Filing 216 NOTICE of Motion by Peter Scott Lubin for presentment of motion to withdraw 215 before Honorable Manish S. Shah on 7/5/2016 at 09:45 AM. (Lubin, Peter)
June 29, 2016 Filing 215 MOTION by Plaintiff Rachel Johnson to withdraw Appearances of John R. McInerney and John Auchter (Lubin, Peter)
June 28, 2016 Filing 214 MEMORANDUM by Yahoo! Inc. in support of motion to dismiss/lack of jurisdiction 213 (Citera, Francis)
June 28, 2016 Filing 213 MOTION by Defendant Yahoo! Inc. to dismiss for lack of jurisdiction (Attachments: # 1 Exhibit A-H)(Citera, Francis)
June 28, 2016 Filing 212 Plaintiff's Submission on Article III Standing by Rachel Johnson (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
June 7, 2016 Filing 211 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Simultaneous submissions on subject matter jurisdiction are due 6/28/16; responses are due 7/12/16. Continued status hearing is set for 7/22/16 at 10:00 a.m. Notices mailed by Judicial Staff. (psm, )
June 6, 2016 Filing 210 SUPPLEMENT to other 206 /Supplement Case Management Submission (Doran, Brett)
May 20, 2016 Opinion or Order Filing 209 ORDER. Signed by the Honorable Manish S. Shah on 5/20/2016: The definition of the certified class is clarified to specify that the term "persons" is limited to the users of the cellular telephone numbers further described in the class definition. This is consistent with the court's understanding of plaintiff's approach to class certification as well as named plaintiff Johnson's status as the user, but not the subscriber, of a cellular phone number. In addition, the possessive "whose," while arguably encompassing the subscriber of a number, is also commonly understood to refer to the user of a number (whether or not the user is the subscriber). That the parties do not have a complete list of users is not fatal to the manageability of the class because knowing every name of every class member is not required, and there is no reason to suspect that a user of the number that was sent the Welcome Message does not exist. The court's assessment of the suitability and superiority of a class action is not changed by clarifying that users, not mere subscribers, are the class members. But plaintiff is directed to propose revisions to the language of the class notice and the method of notice (to include publication in some manner) so that the court can be confident that communication with the class is feasible. Status hearing remains set for 6/7/16 at 10:30 a.m. Notices mailed by Judicial Staff. (psm, )
May 17, 2016 Filing 208 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The court will issue a ruling clarifying the class definition via cm/ecf. The class notice is stayed pending the ruling. Jury trial is tentatively set for 11/1/16 at 9:30 a.m. The court will reserve two weeks for trial of this case. Continued status hearing is set for 6/7/16 at 10:30 a.m. Notices mailed by Judicial Staff. (psm, )
May 13, 2016 Filing 207 Plaintiff's Case Management Submission and Trial Plan by Rachel Johnson (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sostrin, Timothy)
May 13, 2016 Filing 206 Defendant Yahoo! Inc.'s Case Management Submission by Yahoo! Inc. (Citera, Francis)
April 22, 2016 Filing 205 TRANSCRIPT OF PROCEEDINGS held on 04/21/16 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/13/2016. Redacted Transcript Deadline set for 5/23/2016. Release of Transcript Restriction set for 7/21/2016. (Conway, Colleen)
April 21, 2016 Filing 204 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Class notice shall issue on 5/24/16. For the reasons stated in open court, defendant's objection to the use of Yahoo! in the URL included in the class notice is overruled. Defendants are free to use the discovery process to explore the information provided by Sprint. Continued status hearing is set for 5/17/16 at 10:45 a.m. No later than 5/13/16, the parties shall file any submissions on case management issues. Notices mailed by Judicial Staff. (psm, )
April 15, 2016 Filing 203 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to approve class notice 202 is granted. The court approves the form notice proposed by plaintiff as Exhibit 1 to the motion. Defendant's proposal to include language that carves out certain potential class members is not necessary at this time. The purpose of the notice is to alert the class, as defined by the class certification order, that this action exists. Defendant's proposed language strays too far from the language defining the certified class, with no corresponding benefit to case management. It may be that the class definition includes individuals who do not have a claim because they consented (by agreeing to the universal terms of service) or because they were not "called parties" within the meaning of the TCPA, but the class certification order attempted to address that potential over-inclusiveness in the class definition. To the extent some over-inclusiveness remains, that is a manageability issue that will not be solved at this stage. Plaintiff's proposed notice accomplishes the requirements of Rule 23(c)(2)(B), and a summary postcard along with a long form posting on a website is the best notice that is practicable under the circumstances. Status hearing remains set for 4/21/17 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
April 11, 2016 Filing 202 MOTION by Plaintiff Rachel Johnson to Approve Class Notice (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sostrin, Timothy)
April 5, 2016 Filing 201 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file 199 is granted. Plaintiffs shall file a motion seeking approval of class notice with a description of the different proposals in that motion by 4/11/16. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
April 4, 2016 Filing 200 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for extension of time to file 199 before Honorable Manish S. Shah on 4/7/2016 at 09:45 AM. (Sostrin, Timothy)
April 4, 2016 Filing 199 MOTION by Plaintiff Rachel Johnson for extension of time to file Motion for Approval of Class Notice (unopposed) (Sostrin, Timothy)
March 21, 2016 Filing 198 MINUTE entry before the Honorable Manish S. Shah: Status Hearing held on 3/21/2016. Plaintiffs shall file a motion seeking approval of class notice with a description of the different proposals in that motion by 4/4/16. The Court will rule by cm/ecf on said motion. Status hearing is set for 4/21/16 at 9:30 a.m. Notices mailed by Judicial Staff (lp, )
March 8, 2016 Filing 197 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The parties report they are exchanging drafts of a summary notice and form notice for the website. Continued status hearing is set for 3/21/16 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
March 1, 2016 Filing 196 MINUTE entry before the Honorable Manish S. Shah: The status hearing on 3/8/16 is reset to 9:15 a.m. Please note, this is only a change of time. Notices mailed by Judicial Staff. (psm, )
February 22, 2016 Filing 195 TRANSCRIPT OF PROCEEDINGS held on 02/04/16 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016. (Conway, Colleen)
February 11, 2016 Filing 194 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to withdraw notice of acceptance of Rule 68 offer 192 is granted. The notice of acceptance was mistakenly filed in the wrong case and the Clerk is directed to remove document 191 from the docket in 14-cv-2028. Plaintiff Calderin has accepted the Rule 68 offer in case 14-cv-2753, and judgment will be entered in that case. Notices mailed by Judicial Staff. (psm, )
February 10, 2016 Filing 193 NOTICE of Motion by Peter Scott Lubin for presentment of motion to withdraw, motion for relief 192 before Honorable Manish S. Shah on 2/18/2016 at 09:45 AM. (Lubin, Peter)
February 10, 2016 Filing 192 MOTION by Plaintiff Rachel Johnson to withdraw notice of acceptance with offer of judgment 191 for Zenaida Calderin (Lubin, Peter)
February 10, 2016 Filing 191 ENTERED in error.
February 9, 2016 Filing 190 ATTORNEY Appearance for Plaintiff Rachel Johnson by Andrew Charles Murphy (Murphy, Andrew)
February 9, 2016 Filing 189 ATTORNEY Appearance for Plaintiff Rachel Johnson by Patrick Doyle Austermuehle (Austermuehle, Patrick)
February 9, 2016 Filing 188 ATTORNEY Appearance for Plaintiff Rachel Johnson by Peter Scott Lubin (Lubin, Peter)
February 9, 2016 Filing 187 ATTORNEY Appearance for Plaintiff Rachel Johnson by Vincent Louis DiTommaso (DiTommaso, Vincent)
February 8, 2016 Opinion or Order Filing 186 ORDER. Signed by the Honorable Manish S. Shah on 2/8/2016. Notices mailed by Judicial Staff. (psm, )
February 4, 2016 Filing 185 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. For the reasons stated in open court, Plaintiff's Motion to Compel Sprint's Identification of California Subscribers 182 is granted. Plaintiff is directed to submit a proposed order to proposed_order_shah@ilnd.uscourts.gov. The parties are directed to meet and confer on the class notice. Defendant reports an offer of judgment has been made to plaintiff Calderin. Continued status hearing is set for 3/8/16 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
February 3, 2016 Filing 184 USCA ORDER dated 2/3/2016, from the Seventh Circuit; Appellate case no. 16-8001. IT IS ORDERED that the petition for permission to appeal is DENIED. (sxn, )
February 1, 2016 Filing 183 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to compel 182 before Honorable Manish S. Shah on 2/4/2016 at 09:30 AM. (Sostrin, Timothy)
February 1, 2016 Filing 182 MOTION by Plaintiff Rachel Johnson to compel SPRINTS IDENITFICATION OF CALIFORNIA SUBSCRIBERS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sostrin, Timothy)
January 21, 2016 Filing 181 MINUTE entry before the Honorable Manish S. Shah: The motion to continue 179 is granted. Status hearing is reset to 2/4/16 at 9:30 a.m. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
January 20, 2016 Filing 180 Unopposed NOTICE of Motion by Brett Michael Doran for presentment of motion to continue 179 before Honorable Manish S. Shah on 1/27/2016 at 09:45 AM. (Doran, Brett)
January 20, 2016 Filing 179 MOTION by Defendant Yahoo! Inc. to continue Status Hearing. (Citera, Francis)
January 15, 2016 Filing 178 PETITION by Defendant Yahoo! Inc. for permission to appeal pursuant to federal rule of civil procedure 23(F). (sxn, )
January 4, 2016 Opinion or Order Filing 177 MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 1/4/2016: Plaintiffs' motion for class certification 125 is granted in part, and denied in part. The following class is certified: "All persons within the United States to whose cellular telephone number Yahoo! sent the Welcome Message during the period commencing March 1, 2013 through March 31, 2013, while such cellular number was assigned to Sprint, and whose cellular telephone number is not associated with a Yahoo! user in Yahoo!s records." Plaintiff Johnson is designated the representative of this class. Plaintiffs' motions to strike, 141 and 144 , are denied. [For further detail see attached order.] Mailed notice. (psm, )
December 30, 2015 Filing 176 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to strike 173 is denied. Motions to strike are disfavored, and the court requested plaintiffs' supplemental brief. There is no compelling reason to strike an argument raised in a brief when the court can evaluate the parties' arguments on the merits. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
December 23, 2015 Filing 175 RESPONSE by Rachel Johnsonin Opposition to MOTION by Defendant Yahoo! Inc. to strike Response 168 - Defendant Yahoo! Inc.'s Motion to Strike Plaintiffs' Waiver Argument in Plaintiffs' Response to Yahoo! Inc.'s Supplemental Brief in Opposition to Plaintiffs' Cor 173 (Sostrin, Timothy)
December 22, 2015 Filing 174 NOTICE of Motion by Brett Michael Doran for presentment of motion to strike,, motion for relief, 173 before Honorable Manish S. Shah on 1/5/2016 at 09:45 AM. (Doran, Brett)
December 22, 2015 Filing 173 MOTION by Defendant Yahoo! Inc. to strike Response 168 - Defendant Yahoo! Inc.'s Motion to Strike Plaintiffs' Waiver Argument in Plaintiffs' Response to Yahoo! Inc.'s Supplemental Brief in Opposition to Plaintiffs' Corrected Consolidated Motion for Class Certification (Doran, Brett)
December 11, 2015 Filing 172 SEALED DOCUMENT by Plaintiff Rachel Johnson PLAINTIFFS RESPONSE TO YAHOO! INC.S SUPPLEMENTAL BRIEF ON PLAINTIFFS CONSOLIDATED MOTION FOR CLASS CERTIFICATION (Sostrin, Timothy)
December 11, 2015 Filing 171 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file under seal 169 is granted. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
December 10, 2015 Filing 170 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 169 before Honorable Manish S. Shah on 12/17/2015 at 09:45 AM. (Sostrin, Timothy)
December 10, 2015 Filing 169 MOTION by Plaintiff Rachel Johnson for leave to file PLAINTIFFS' RESPONSE TO YAHOO! INC.S SUPPLEMENTAL BRIEF ON PLAINTIFFS CONSOLIDATED MOTION FOR CLASS CERTIFICATION UNDER SEAL (Sostrin, Timothy)
December 10, 2015 Filing 168 RESPONSE by Plaintiff Rachel Johnson to sealed document 163 , memorandum in opposition to motion 165 Redacted (Sostrin, Timothy)
November 20, 2015 Filing 167 MINUTE entry before the Honorable Manish S. Shah: The motion to seal 161 is granted. As the parties know, any seals in this case are likely only temporary. No appearance on the motion is granted. Notices mailed by Judicial Staff. (psm, )
November 19, 2015 Filing 166 DECLARATION of Edgar Whipple regarding memorandum in opposition to motion 165 (Doran, Brett)
November 19, 2015 Filing 165 MEMORANDUM by Yahoo! Inc. in Opposition to motion to seal 161 - Defendant Yahoo! Inc.'s Supplemental Brief on Plaintiffs Corrected Motion for Class Certification (Attachments: # 1 Exhibit 1-3)(Doran, Brett)
November 19, 2015 Filing 164 SEALED DOCUMENT by Defendant Yahoo! Inc. - Declaration of Edgar Whipple (Doran, Brett)
November 19, 2015 Filing 163 SEALED DOCUMENT by Defendant Yahoo! Inc. - Defendant Yahoo! Inc.'s Supplemental Brief on Plaintiffs Corrected Motion for Class Certification (Doran, Brett)
November 19, 2015 Filing 162 NOTICE of Motion by Brett Michael Doran for presentment of motion to seal 161 before Honorable Manish S. Shah on 12/1/2015 at 09:45 AM. (Doran, Brett)
November 19, 2015 Filing 161 MOTION by Defendant Yahoo! Inc. to seal - Defendant Yahoo Inc's Motion Instanter to File Under Seal (Doran, Brett)
November 5, 2015 Filing 160 TRANSCRIPT OF PROCEEDINGS held on 10/29/15 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/3/2016. (Conway, Colleen)
October 29, 2015 Filing 159 MINUTE entry before the Honorable Manish S. Shah: Status hearing held on 10/29/15. The Court requests additional briefing on the class certification motion. Yahoo's supplemental memorandum regarding the motion for class certification is due by 11/19/15; Plaintiffs response is due by 12/10/15. Status hearing set for 1/28/16 at 9:30 a.m.Mailed notice (ca, )
October 1, 2015 Filing 158 MINUTE entry before the Honorable Manish S. Shah: Plaintiffs' motion for leave to file instanter response 156 is granted. No reply from Yahoo! is permitted. If the court has any questions concerning the Sherman case (or any other issue raised in the briefs), the court will advise counsel. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
September 30, 2015 Filing 157 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 156 before Honorable Manish S. Shah on 10/6/2015 at 09:45 AM. (Sostrin, Timothy)
September 30, 2015 Filing 156 MOTION by Plaintiff Rachel Johnson for leave to file Instanter Response to Yahoo's Motion for Leave to File Supplemental Authority (Sostrin, Timothy)
September 28, 2015 Filing 155 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file 153 is granted. The court will take the decision in Sherman v. Yahoo! (S.D. Cal.) under advisement along with the fully briefed motion for class certification. No appearance on the motion is necessary. Notices mailed by Judicial Staff. (psm, )
September 25, 2015 Filing 154 NOTICE of Motion by Francis A Citera for presentment of motion for leave to file 153 before Honorable Manish S. Shah on 9/30/2015 at 09:45 AM. (Citera, Francis)
September 25, 2015 Filing 153 MOTION by Defendant Yahoo! Inc. for leave to file Instanter Supplemental Authority in Support of Response in Opposition to Plaintiffs Corrected Consolidated Motion for Class Certification (Attachments: # 1 Exhibit A)(Citera, Francis)
September 17, 2015 Filing 152 REPLY by Plaintiff Rachel Johnson to motion to strike, motion for relief 141 , motion to strike 144 (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
September 10, 2015 Filing 151 RESPONSE by Yahoo! Inc.in Opposition to MOTION by Plaintiff Rachel Johnson to strike and exclude proposed expert testimony of Danah Boyd 144 (Attachments: # 1 Exhibit 1-6)(Citera, Francis)
September 3, 2015 Filing 150 MINUTE entry before the Honorable Manish S. Shah: The motion to withdraw as attorney 148 is granted, and no appearance on the motion is necessary. Attorney Katherine Marie Bowen's appearance on behalf of plaintiff is withdrawn and terminated. Mailed notice. (mss)
September 2, 2015 Filing 149 NOTICE of Motion by Katherine Marie Bowen for presentment of motion to withdraw as attorney 148 before Honorable Manish S. Shah on 9/8/2015 at 09:45 AM. (Bowen, Katherine)
September 2, 2015 Filing 148 MOTION by Attorney Katherine Bowen to withdraw as attorney for Rachel Johnson. No party information provided (Bowen, Katherine)
August 27, 2015 Filing 147 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. For the reasons stated in open court, Plaintiff's Motion for Leave to File Under Seal 140 is granted. The briefing schedule on Plaintiff's Motion to Strike Supplemental Declaration of Dr. Debra J. Aron 141 and Plaintiff's Motion to Strike and Exclude Proposed Expert Testimony of Danah Boyd 144 is as follows: Defendant's consolidated response shall be filed by 9/10/15. Plaintiff's consolidated reply shall be filed by 9/17/15. The court will advise the parties if any further briefing or argument on plaintiff's motion for class certification is necessary. Continued status hearing is set for 10/29/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
August 26, 2015 Filing 146 MINUTE entry before the Honorable Manish S. Shah: Status hearing previously set for 8/27/15 at 9:30 a.m. is reset to 9:45 a.m. to coincide with the hearing on Plaintiff's motions 140 , 141 , 144 . Please note, this is only a change of time. Notices mailed by Judicial Staff. (psm, )
August 24, 2015 Filing 145 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to strike 144 before Honorable Manish S. Shah on 8/27/2015 at 09:45 AM. (Sostrin, Timothy)
August 24, 2015 Filing 144 MOTION by Plaintiff Rachel Johnson to strike and exclude proposed expert testimony of Danah Boyd (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
August 24, 2015 Filing 143 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to strike, motion for relief 141 before Honorable Manish S. Shah on 8/27/2015 at 09:45 AM. (Sostrin, Timothy)
August 24, 2015 Filing 142 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 140 before Honorable Manish S. Shah on 8/27/2015 at 09:45 AM. (Sostrin, Timothy)
August 24, 2015 Filing 141 MOTION by Plaintiff Rachel Johnson to strike response in opposition to motion, 134 , Supplemental Expert Declaration of Debra Aron [134-3] (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
August 24, 2015 Filing 140 MOTION by Plaintiff Rachel Johnson for leave to file REPLY BRIEF IN SUPPORT OF CLASS CERTIFICATION UNDER SEAL (Sostrin, Timothy)
August 24, 2015 Filing 139 REPLY by Plaintiff Rachel Johnson to motion to certify class, 125 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Sostrin, Timothy)
August 7, 2015 Filing 138 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for extension of time 136 is granted. Plaintiffs' reply is due by 8/24/15. The motion for an order to show cause 98 is terminated as moot without prejudice (the court assumes the witness issue has been resolved as Yahoo! has not pursued the matter further). Motion hearing previously set for 8/11/15 at 9:45 a.m. is hereby stricken and no appearance is necessary/ Status hearing remains set for 8/27/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
August 5, 2015 Filing 137 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for extension of time to file response/reply, motion for relief 136 before Honorable Manish S. Shah on 8/11/2015 at 09:45 AM. (Sostrin, Timothy)
August 5, 2015 Filing 136 MOTION by Plaintiff Rachel Johnson for extension of time to file response/reply as to motion to certify class, 125 , Unopposed Motion (Sostrin, Timothy)
July 31, 2015 Filing 135 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion for leave to file under seal 131 is granted. Motion hearing previously set for 8/4/15 at 9:45 a.m. is hereby stricken and no appearance is necessary. Notices mailed by Judicial Staff. (psm, )
July 22, 2015 Filing 134 RESPONSE by Yahoo! Inc.in Opposition to MOTION by Plaintiff Rachel Johnson to certify class Corrected Consolidated Motion for Class Certification 125 (Public) (Attachments: # 1 Declaration of Boyajian, # 2 Declaration of Doran, # 3 Declaration of Aron, # 4 Declaration of Boyd, # 5 Declaration of Andrews)(Citera, Francis)
July 21, 2015 Filing 133 SEALED RESPONSE by Yahoo! Inc. to MOTION by Plaintiff Rachel Johnson to certify class Corrected Consolidated Motion for Class Certification 125 (Attachments: # 1 Declaration Boyajian, # 2 Declaration Doron, # 3 Declaration Aron)(Citera, Francis)
July 21, 2015 Filing 132 NOTICE of Motion by Brett Michael Doran for presentment of motion to seal 131 before Honorable Manish S. Shah on 8/4/2015 at 09:45 AM. (Doran, Brett)
July 21, 2015 Filing 131 MOTION by Defendant Yahoo! Inc. to seal Instanter (Doran, Brett)
July 21, 2015 Filing 130 ATTORNEY Appearance for Defendant Yahoo! Inc. by Brett Michael Doran (Doran, Brett)
July 6, 2015 Filing 129 MINUTE entry before the Honorable Manish S. Shah: Defendant's unopposed motion for extension of time 127 is granted. Defendant's response to Plaintiff's motion for class certification 125 shall be filed by 7/21/15. Plaintiff's reply shall be filed by 8/11/15. Motion hearing previously set for 7/7/15 at 9:45 a.m. is hereby stricken and no appearance is necessary. Status hearing previously set for 8/7/15 at 9:30 a.m. is hereby stricken and reset to 8/27/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
July 2, 2015 Filing 128 NOTICE of Motion by Francis A Citera for presentment of extension of time, motion for leave to file,, 127 before Honorable Manish S. Shah on 7/7/2015 at 09:45 AM. (Citera, Francis)
July 2, 2015 Filing 127 MOTION by Defendant Yahoo! Inc. for extension of time to File its Response in Opposition to Plaintiffs' Consolidated Motion for Class Certification, MOTION by Defendant Yahoo! Inc. for leave to file Oversized Briefs Relating to Plaintiffs' Consolidated Motion for Class Certification (Citera, Francis)
June 24, 2015 Filing 126 SEALED DOCUMENT by Plaintiff Rachel Johnson , Confidential Exhibits for Motion for Class Certification, (Attachments: # 1 Exhibit 3, # 2 Exhibit 7, # 3 Exhibit 10)(Sostrin, Timothy)
June 24, 2015 Filing 125 MOTION by Plaintiff Rachel Johnson to certify class Corrected Consolidated Motion for Class Certification (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Sostrin, Timothy)
June 24, 2015 Opinion or Order Filing 124 ORDER. Signed by the Honorable Manish S. Shah on 6/24/2015: Plaintiffs' motion to compel 115 is granted in part, denied in part. No later than June 30, 2015, T-Mobile, Inc. shall provide an affidavit (to the parties) attesting to the existence of historical subscriber information for the numbers and time period at issue, as well as T-Mobile's capacity to generate that data. [For further detail see attached order.] Notices mailed by Judicial Staff. (psm, )
June 24, 2015 Filing 123 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Motion to Appear Pro Hac Vice 117 is granted. David J. McGlothlin may file an appearance on behalf of Plaintiff Rachel Johnson and is added as counsel of record. Plaintiff's Motion for Leave to File Corrected Consolidated Motion for Class Certification and to File Certain Exhibits Thereto Under Seal 121 is granted. For the reasons stated in open court, Plaintiffs' Unopposed Motion to Seal 118 is denied. The declaration of Jeffrey A. Hansen does not need to be filed under seal. The court will issue a ruling on Plaintiffs' Motion to Compel T-Mobile, Inc. to Comply with Subpoena to Produce Documents 115 via CM/ECF. Status hearing remains set for 8/7/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
June 19, 2015 Filing 122 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 121 before Honorable Manish S. Shah on 6/24/2015 at 09:45 AM. (Sostrin, Timothy)
June 19, 2015 Filing 121 MOTION by Plaintiff Rachel Johnson for leave to file Corrected Consolidated Motion for Class Certification and to File Certain Exhibits Thereto Under Seal, Unopposed Motion (Sostrin, Timothy)
June 11, 2015 Filing 120 AMENDED NOTICE of Motion by John Auchter for presentment of motion to compel 115 before Honorable Manish S. Shah on 6/24/2015 at 09:45 AM. (Auchter, John)
June 11, 2015 Filing 119 NOTICE of Motion by John Auchter for presentment of motion to seal 118 before Honorable Manish S. Shah on 6/24/2015 at 09:45 AM. (Auchter, John)
June 11, 2015 Filing 118 MOTION by Plaintiff Rachel Johnson to seal Motion to Compel T-Mobile, Inc. to Comply with Subpoena to Produce Documents (Unopposed) (Auchter, John)
June 10, 2015 Filing 117 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10740662. (Mcglothlin, David)
June 10, 2015 Filing 116 NOTICE of Motion by John Auchter for presentment of motion to compel 115 before Honorable Manish S. Shah on 6/18/2015 at 09:45 AM. (Auchter, John)
June 10, 2015 Filing 115 MOTION by Plaintiff Rachel Johnson to compel T-Mobile, inc. to Comply with Subpoena to Produce Documents (Auchter, John)
May 28, 2015 Filing 114 TRANSCRIPT OF PROCEEDINGS held on 05/01/15 before the Honorable Manish S. Shah. Court Reporter Contact Information: 05/01/15. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/18/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/26/2015. (Conway, Colleen)
May 27, 2015 Filing 113 ATTORNEY Appearance for Defendant Yahoo! Inc. by Nina D. Boyajian (Boyajian, Nina)
May 27, 2015 Filing 112 MINUTE entry before the Honorable Manish S. Shah: Motion for leave to appear pro hac vice 107 is granted. Nina D. Boyajian may file her appearance on behalf of Yahoo! Inc. and is added as counsel of record. Notices mailed by Judicial Staff. (psm, )
May 13, 2015 Filing 111 EXHIBIT by Plaintiff Rachel Johnson , Exhibit 12, Redacted, regarding MOTION by Plaintiff Rachel Johnson to certify class 100 (Attachments: # 1 Exhibit 12, Redacted)(Sostrin, Timothy)
May 13, 2015 Filing 110 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's Unopposed Motion to Keep Exhibit No. 12 to Plaintiffs' Motion for Class Certification Under Seal 108 is granted. Hearing set for 5/26/15 is stricken and no appearance is necessary. The court notes, as it has on prior occasions, that any material relevant to its decisions will be made public absent a showing of trade secret or other legal privilege. Confidentiality during discovery is not a basis to permanently seal court records. Mailed notice (ep, )
May 13, 2015 Filing 109 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to seal 108 before Honorable Manish S. Shah on 5/26/2015 at 09:45 AM. (Sostrin, Timothy)
May 13, 2015 Filing 108 MOTION by Plaintiff Rachel Johnson to seal , Unopposed Motion to Keep Exhibit No. 12 to Plaintiffs' Motion for Class Certification Under Seal (Sostrin, Timothy)
May 8, 2015 Filing 107 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10624860. (Boyajian, Nina)
May 7, 2015 Filing 106 SEALED EXHIBIT by Plaintiff Rachel Johnson regarding MOTION by Plaintiff Rachel Johnson to certify class 100 (Attachments: # 1 Exhibit 7, # 2 Exhibit 10)(Sostrin, Timothy)
May 7, 2015 Filing 105 EXHIBIT by Plaintiff Rachel Johnson regarding MOTION by Plaintiff Rachel Johnson to certify class 100 (Attachments: # 1 Exhibit 3, # 2 Exhibit 7, Redacted, # 3 Exhibit 10, Redacted)(Sostrin, Timothy)
May 1, 2015 Filing 104 MINUTE entry before the Honorable Manish S. Shah: Status and motion hearing held. Defendant, Yahoo! Inc.'s motion for rule to show cause as to why Andrew E. Jimenez should not be held in contempt 98 is entered and continued. Plaintiffs' unopposed motion for leave to file exhibits to plaintiffs' motion for class certification under seal 102 is granted. Plaintiffs are directed to file public versions with redactions. Briefing schedule for Plaintiffs' consolidated motion for class certification 100 is as follows: Defendant's response shall be filed by 7/10/2015. Plaintiff's reply shall be filed by 7/31/2015. Motion hearing date of 5/7/2015 is stricken. Status hearing set for 8/7/2015 at 9:30 a.m. Mailed notice. (mgh, )
April 30, 2015 Filing 103 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 102 before Honorable Manish S. Shah on 5/7/2015 at 09:45 AM. (Sostrin, Timothy)
April 30, 2015 Filing 102 MOTION by Plaintiff Rachel Johnson for leave to file Exhibits to Plaintiffs' Motion for Class Certification Under Seal (Sostrin, Timothy)
April 30, 2015 Filing 101 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to certify class,, 100 before Honorable Manish S. Shah on 5/7/2015 at 09:45 AM. (Sostrin, Timothy)
April 30, 2015 Filing 100 MOTION by Plaintiff Rachel Johnson to certify class (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, Placeholder for Exhibit to be Filed Under Seal, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, Placeholder for Exhibit to be Filed Under Seal, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, Placeholder for Exhibit to be Filed Under Seal, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Sostrin, Timothy)
April 28, 2015 Filing 99 NOTICE of Motion by Francis A Citera for presentment of motion for order to show cause 98 before Honorable Manish S. Shah on 5/1/2015 at 09:30 AM. (Citera, Francis)
April 28, 2015 Filing 98 MOTION by Defendant Yahoo! Inc. for order to show cause (Attachments: # 1 Exhibit A-L)(Citera, Francis)
February 17, 2015 Filing 97 MINUTE entry before the Honorable Manish S. Shah: Motion for Leave to Appear Pro Hac Vice 96 is granted. Joshua B. Swigart may file his appearance on behalf of Rachel Johnson and is added as counsel of record. Notices mailed by Judicial Staff. notice (psm, )
February 13, 2015 Filing 96 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10346607. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Swigart, Joshua)
January 23, 2015 Filing 95 AMENDED Agreed Confidentiality Order. Signed by the Honorable Manish S. Shah on 1/23/2015. (psm, )
January 23, 2015 Filing 94 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. For the reasons stated in open court, the Joint Motion to Amend Agreed Confidentiality Order 92 is granted. Enter Amended Agreed Confidentiality Order. Motion hearing previously set for 1/27/15 at 9:45 a.m. is hereby stricken and no appearance is necessary. The parties' joint oral request to reset the discovery schedule entered on 12/3/15 87 is granted. Plaintiff's additional expert disclosures are due 04/30/15; deposition of plaintiff's additional expert shall be conducted by 05/21/15; defendant's additional expert disclosures are due 06/04/15, and deposition of defendant's additional expert shall be conducted by 06/25/15. All remaining fact and expert discovery shall be noticed in time for completion by 06/26/15. The expert discovery schedule may be shortened after plaintiff files the opening brief in support of class certification, and the parties can be more specific about the nature of necessary expert discovery. Plaintiff's motion and opening memorandum in support of class certification shall be filed by 04/30/15. Continued status hearing is set for 5/1/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
January 16, 2015 Filing 93 NOTICE of Motion by Timothy J. Sostrin for presentment of motion to amend/correct, motion for relief 92 before Honorable Manish S. Shah on 1/27/2015 at 09:45 AM. (Sostrin, Timothy)
January 16, 2015 Filing 92 MOTION by Plaintiff Rachel Johnson, Service List to amend/correct protective order 38 Joint Motion to Amend Agreed Confidentiality Order (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
December 31, 2014 Filing 91 ATTORNEY Appearance for Plaintiff Rachel Johnson by Seyed Abbas Kazerounian (Attachments: # 1 Certificate of Service)(Kazerounian, Seyed)
December 17, 2014 Filing 90 TRANSCRIPT OF PROCEEDINGS held on 10/27/14 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/7/2015. Redacted Transcript Deadline set for 1/19/2015. Release of Transcript Restriction set for 3/17/2015. (Conway, Colleen)
December 11, 2014 Filing 89 MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 12/11/2014: In case no. 14-cv-02028, Yahoo!'s motion for summary judgment 26 is denied. Johnson's motion to exclude the expert report of Monica Desai 60 is denied. In case no. 14-cv-02753, Yahoo!'s motion for summary judgment 21 is denied. [For further detail see attached order.] (psm, )
December 5, 2014 Filing 88 STIPULATION RE: DISCOVERY (Citera, Francis)
December 3, 2014 Filing 87 MINUTE entry before the Honorable Manish S. Shah: The parties submitted a proposed discovery schedule to chambers as directed. The court adopts the parties' submission. Plaintiff's additional expert disclosures are due 02/27/15; deposition of plaintiff's additional expert shall be conducted by 03/20/15; defendant's additional expert disclosures are due 04/03/15, and deposition of defendant's additional expert shall be conducted by 04/24/15. All remaining fact and expert discovery shall be noticed in time for completion by 04/30/15. The court will set the briefing schedule on the plaintiff's amended class certification motion at the next status hearing. Notices mailed by Judicial Staff. (psm, )
October 28, 2014 Filing 86 NOTICE by Yahoo! Inc. Of Filing Corrected Exhibit A To Defendants Reply To Plaintiffs Combined Response To Local Rule 56.1 Statement Of Material Facts And Responses To Statement Of Additional Facts (Attachments: # 1 Exhibit Corrected Exhibit A)(Citera, Francis)
October 27, 2014 Filing 85 SEALED RESPONSE by Yahoo! Inc. to Rule 56 statement 28 (Attachments: # 1 Exhibit A: DECLARATION OF LORI CHANG)(Citera, Francis)
October 27, 2014 Filing 84 SEALED DOCUMENT by Defendant Yahoo! Inc. (Citera, Francis)
October 27, 2014 Filing 83 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Motion hearing held. Defendant Yahoo! Inc.'s Unopposed Motion Instanter for Leave to File Under Seal 78 is granted. Defendant Yahoo! Inc.'s Unopposed Motion Instanter for Leave to File Oversize Reply Brief in Support of Yahoo's Motions for Summary Judgment 77 is granted. Motion hearing previously set for 10/30/14 at 9:45 a.m. is hereby stricken and no appearance is necessary. For the reasons stated in open court, Plaintiff's Motion to Transfer the Case to the Southern District of California 67 is denied. Counsel for the parties shall submit a proposed discovery schedule to this court's proposed order email inbox at proposed_order_shah@ilnd.uscourts.gov by 11/7/14. If the parties cannot submit an agreed schedule, they may submit competing schedules. The court advises counsel to attempt to reach an agreement on Plaintiff's oral request to modify the protective order to allow Plaintiff's counsel to confer with Plaintiff's counsel in the California case. If no agreement is possible, Plaintiff may then bring that issue to the court. Continued status hearing is set for 1/23/15 at 9:30 a.m. The court will likely issue a ruling on the Defendant's Motion for Summary Judgment 26 before that status hearing. Notices mailed by Judicial Staff. (psm, )
October 24, 2014 Filing 82 REPLY by Defendant Yahoo! Inc. to sealed document, 57 Plaintiffs Combined Response to Local Rule 56.1 Statement of Material Facts and Responses to Statement of Additional Fact (Attachments: # 1 Exhibit A: Declaration of Lori Chang, # 2 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 81 DECLARATION of Monica Desai in Support of Yahoo! Inc.s Opposition to Plaintiffs Motion to Exclude Monica S. Desais Expert Report (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 80 REPLY by Defendant Yahoo! Inc. to motion for summary judgment 26 (Attachments: # 1 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 79 NOTICE of Motion by Francis A Citera for presentment of motion to seal 78 , motion for leave to file excess pages 77 before Honorable Manish S. Shah on 10/30/2014 at 09:45 AM. (Attachments: # 1 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 78 MOTION by Defendant Yahoo! Inc. to seal [Unopposed, Instanter] (Attachments: # 1 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 77 MOTION by Defendant Yahoo! Inc. for leave to file excess pages [Unopposed, Instanter] (Attachments: # 1 Certificate of Service)(Citera, Francis)
October 24, 2014 Filing 76 RESPONSE by Yahoo! Inc.in Opposition to MOTION by Plaintiff Rachel Johnson to transfer case to the Southern District of California 67 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Citera, Francis)
October 20, 2014 Filing 75 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to strike 71 is denied. Noticed motion hearing for 10/22/14 at 9:45 a.m. is stricken. The arguments raised in the motion will be considered as part of the summary judgment motion being briefed, and the court will explain whether it finds witness Snyder's testimony admissible in that context. At the status hearing scheduled for 10/27/14, Plaintiff may make an oral response to defendant's argument (focused on whether witness Snyder's testimony is a legal opinion). No written response is permitted. Notices mailed by Judicial Staff. (psm, )
October 17, 2014 Filing 74 NOTICE of Motion by Francis A Citera for presentment of motion to strike 71 before Honorable Manish S. Shah on 10/22/2014 at 09:45 AM. (Citera, Francis)
October 17, 2014 Filing 73 DECLARATION of Justin A. Barton regarding motion to strike 71 (Attachments: # 1 Exhibit A)(Citera, Francis)
October 17, 2014 Filing 72 MEMORANDUM by Yahoo! Inc. in support of motion to strike 71 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Citera, Francis)
October 17, 2014 Filing 71 MOTION by Defendant Yahoo! Inc. to strike and Exclude Expert Witness Testimony and Report of Randall Snyder (Citera, Francis)
October 8, 2014 Filing 70 MINUTE entry before the Honorable Manish S. Shah: Motion hearing previously set for 10/14/14 at 9:45 a.m. on the Plaintiffs' Motion to Transfer to the Southern District of California 67 is hereby stricken and reset to 10/27/14 at 10:00 a.m. Defendant may file a written response to the motion 67 by 10/24/14. Notices mailed by Judicial Staff. (psm, )
October 8, 2014 Filing 69 NOTICE of Motion by John Auchter for presentment of motion to transfer case 67 before Honorable Manish S. Shah on 10/14/2014 at 09:45 AM. (Auchter, John)
October 8, 2014 Filing 68 MEMORANDUM by Rachel Johnson in support of motion to transfer case 67 (Auchter, John)
October 8, 2014 Filing 67 MOTION by Plaintiff Rachel Johnson to transfer case to the Southern District of California (Attachments: # 1 Certificate of Service)(Auchter, John)
October 3, 2014 Filing 66 MINUTE entry before the Honorable Manish S. Shah: Yahoo! Inc.'s Unopposed Motion for an Extension of Time to File Its Reply in Support of Motion for Summary Judgment 64 is granted. Yahoo! Inc.'s reply shall be filed by 10/24/14. Motion hearing previously set for 10/7/14 at 9:45 a.m. is hereby stricken and no appearance is necessary. Status hearing previously set for 10/17/14 at 9:30 a.m. is hereby stricken and reset to 10/27/14 at 10:00 a.m. Notices mailed by Judicial Staff. (psm, )
October 2, 2014 Filing 65 NOTICE of Motion by Francis A Citera for presentment of motion for extension of time to file response/reply, motion for relief 64 before Honorable Manish S. Shah on 10/7/2014 at 09:45 AM. (Citera, Francis)
October 2, 2014 Filing 64 MOTION by Defendant Yahoo! Inc. for extension of time to file response/reply as to motion for summary judgment 26 (Unopposed) (Citera, Francis)
September 29, 2014 Filing 63 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's Unopposed Motion for Leave to File Plaintiff's Consolidated Response and Plaintiff's Rule 56.1 Statement Under Seal 58 is granted. The court notes that after it resolves the summary judgment motion, it will unseal any document that was material to its decision making. See City of Greenville v. Syngenta Crop Protection, LLC, -- F.3d --, 2014 WL 4092255, *1 (7th Cir. Aug. 20, 2014). Plaintiff's Motion to Exclude Expert Report 60 is taken under advisement along with the pending summary judgment motion. Defendant is directed to respond to the motion to exclude expert report in its reply memorandum due 10/10/2014. Motion hearing previously set for 10/2/14 at 9:45 a.m. is hereby stricken and no appearance is necessary. Status hearing remains set for 10/17/14 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, )
September 26, 2014 Filing 62 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for miscellaneous relief 60 before Honorable Manish S. Shah on 10/2/2014 at 09:45 AM. (Sostrin, Timothy)
September 26, 2014 Filing 61 MEMORANDUM by Rachel Johnson in support of motion for miscellaneous relief 60 To Exclude Monica S. Desai's Expert Report (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
September 26, 2014 Filing 60 MOTION by Plaintiff Rachel Johnson to Exclude Monica S. Desai's Expert Report (Sostrin, Timothy)
September 26, 2014 Filing 59 NOTICE of Motion by Timothy J. Sostrin for presentment of motion for leave to file 58 before Honorable Manish S. Shah on 10/2/2014 at 09:45 AM. (Sostrin, Timothy)
September 26, 2014 Filing 58 MOTION by Plaintiff Rachel Johnson for leave to file Plaintiffs' Consolidated Response to Yahoo's Motion for Summary Judgment and Plaintiffs' Rule 56.1 Statement UNDER SEAL, Unopposed Motion (Sostrin, Timothy)
September 26, 2014 Filing 57 SEALED DOCUMENT by Plaintiff Rachel Johnson , Plaintiffs' Combined Response to Defendant's Local Rule 56.1 Statement of Material Facts and Statement of Additional Facts (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sostrin, Timothy)
September 26, 2014 Filing 56 SEALED DOCUMENT by Plaintiff Rachel Johnson , Plaintiffs' Consolidated Response in Opposition to Yahoo's Motion for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sostrin, Timothy)
September 19, 2014 Filing 55 MINUTE entry before the Honorable Manish S. Shah: Motion for Leave to Appear Pro Hac Vice 54 is granted. Justin A. Barton may file his appearance on behalf of Yahoo! Inc. and is added as counsel of record. Notices mailed by Judicial Staff. (psm, )
September 12, 2014 Filing 54 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9855228. (Barton, Justin)
July 24, 2014 Filing 53 AGREED Supplemental Protective Order to Govern the Production/Inspection of Source Code. Signed by the Honorable Manish S. Shah on 7/24/2014.(psm, )
July 24, 2014 Filing 52 MINUTE entry before the Honorable Manish S. Shah: Parties' Agreed Motion for Entry of Agreed Supplemental Protective Order to Govern the Production/Inspection of Source Code 50 is granted. Enter Agreed Supplemental Protective Order to Govern the Production/Inspection of Source Code. Motion hearing previously set for 7/29/14 at 9:45 a.m. is hereby stricken and no appearance shall be necessary. Notices mailed by Judicial Staff. (psm, )
July 23, 2014 Filing 51 NOTICE of Motion by Francis A Citera for presentment of motion for protective order 50 before Honorable Manish S. Shah on 7/29/2014 at 09:45 AM. (Citera, Francis)
July 23, 2014 Filing 50 MOTION by Defendant Yahoo! Inc. for protective order [Agreed Motion for Entry of Agreed Supplemental Protective Order] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Citera, Francis)
July 18, 2014 Filing 49 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, the briefing schedule on defendant's motion for summary judgment 26 is revised as follows: consolidated response due 9/26/14, reply due 10/10/2014. Status hearing before Judge Shah set for 10/17/14 at 9:30 a.m. At the next status hearing, a further schedule on discovery and its scope will be set. Notices mailed by Judicial Staff. (psm, )
July 17, 2014 Filing 48 STATUS Report (Joint) by Rachel Johnson (Sostrin, Timothy)
July 8, 2014 Filing 47 TRANSCRIPT OF PROCEEDINGS held on 07/03/14 before the Honorable Manish S. Shah. Court Reporter Contact Information: Colleen Conway @312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/29/2014. Redacted Transcript Deadline set for 8/8/2014. Release of Transcript Restriction set for 10/6/2014. (Conway, Colleen)
July 3, 2014 Filing 46 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated on the record, Defendant's Motion to Stay Discovery 39 is denied. The parties' oral motion for consolidation of the cases (14 C 2028 and 14 C 2753) is granted. The Clerk of Court is ordered to consolidate these cases for all purposes. Counsel for the parties shall confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages, within 14 days. A template for the Reassignment Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx by clicking on Judge Shah's name and then again on the link entitled 'Cases Reassigned to Judge Shah.' In addition to the required materials for the report, the parties shall propose a discovery schedule and a new briefing schedule on defendant's motion for summary judgment. A status hearing date shall be set after the court has reviewed the parties' reassignment status report. Notices mailed by Judicial Staff. (psm, )
July 1, 2014 Filing 45 RESPONSE by Rachel Johnsonin Opposition to MOTION by Defendant Yahoo! Inc. to stay Discovery 39 (Attachments: # 1 Exhibit 1)(Sostrin, Timothy)
June 30, 2014 Filing 44 MINUTE entry before the Honorable Manish S. Shah: Defendant's Motion to Stay Discovery 39 is set for hearing before Judge Manish S. Shah on 7/3/14 at 9:45 a.m. Notices mailed by Judicial Staff. (psm, )
June 30, 2014 Filing 43 MINUTE entry before the Honorable Matthew F. Kennelly: Due to the recent reassignment of this case to Judge Shah, the motion hearing date of 7/1/2014 and the status hearing set for 7/2/2014 before Judge Kennelly are vacated. Mailed notice. (pjg, )
June 26, 2014 Filing 42 EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on June 26, 2014, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Manish S. Shah, therefore IT IS HEREBY ORDERED That the attached list of 283 cases be reassigned to the Honorable Manish S. Shah. IT IS FURTHER ORDERED that this order shall become effective on June 27, 2014. Signed by Executive Committee on June 26, 2014. Mailed notices.(rp, )
June 26, 2014 Filing 41 MEMORANDUM by Yahoo! Inc. in support of motion to stay 39 Discovery (Attachments: # 1 Exhibit A)(Citera, Francis)
June 26, 2014 Filing 40 NOTICE of Motion by Francis A Citera for presentment of motion to stay 39 before Honorable Matthew F. Kennelly on 7/1/2014 at 09:30 AM. (Citera, Francis)
June 26, 2014 Filing 39 MOTION by Defendant Yahoo! Inc. to stay Discovery (Citera, Francis)
June 11, 2014 Filing 38 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 6/11/2014. (mk)
June 9, 2014 Filing 37 MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, plaintiff's motion to certify class 4 is withdrawn without prejudice. (mk)
June 6, 2014 Filing 36 STIPULATION to withdraw Motions for Class Certification without prejudice (Sostrin, Timothy)
June 5, 2014 Filing 35 AGREED ORDER regarding discovery and briefing schedule concerning defendant's motion for summary judgment, signed by the Honorable Matthew F. Kennelly on 6/5/2014. Response to motion for summary judgment is due by 8/8/14; reply to response is due by 8/22/14. Further details are contained within the accompanying order. (mk)
June 5, 2014 Filing 34 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 6/5/2014 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 7/2/2014 at 9:00 a.m. for the purpose of discussing status of discovery and the Court's proposal to consolidate the cases for all purposes. Mailed notice. (pjg, )
May 20, 2014 Filing 33 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the motion hearing regarding motion for summary judgment 26 set for 5/21/2014 and the status hearing set for 5/27/2014 are vacated and reset for 6/5/2014 at 09:00 AM. Mailed notice. (pjg, )
May 15, 2014 Filing 32 NOTICE by Yahoo! Inc. of filing, Letter to Judge Kennelly (Citera, Francis)
May 13, 2014 Filing 31 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yahoo! Inc. (Citera, Francis)
May 13, 2014 Filing 30 NOTICE of Motion by Ian Charles Ballon for presentment of motion for summary judgment 26 before Honorable Matthew F. Kennelly on 5/21/2014 at 09:30 AM. (Ballon, Ian)
May 13, 2014 Filing 29 DECLARATION of of Lori Chang regarding motion for summary judgment 26 (Chang, Lori)
May 13, 2014 Filing 28 RULE 56.1 Statement by Yahoo! Inc. regarding motion for summary judgment 26 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Citera, Francis)
May 13, 2014 Filing 27 MEMORANDUM by Yahoo! Inc. in support of motion for summary judgment 26 (Citera, Francis)
May 13, 2014 Filing 26 MOTION by Defendant Yahoo! Inc. for summary judgment (Ballon, Ian)
May 13, 2014 Filing 25 ANSWER to Complaint with Jury Demand by Yahoo! Inc.(Ballon, Ian)
May 8, 2014 Filing 24 MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 5/8/2014. Motion to reassign case 22 is granted as the Court finds Case No. 14-cv-2753, Calderin v. Yahoo! Inc., is related. The initial status hearing set for 5/27/2014 at 9:00 a.m. set for this case remains as scheduled. A status hearing for the same date to be set in the related case. Mailed notice. (pjg, )
May 2, 2014 Filing 23 NOTICE of Motion by Francis A Citera for presentment of motion to reassign case 22 before Honorable Matthew F. Kennelly on 5/8/2014 at 09:30 AM. (Citera, Francis)
May 2, 2014 Filing 22 MOTION by Defendant Yahoo! Inc. to reassign case 14 CV 2753 Calderin Vs. Yahoo! Based on Relatedness (Attachments: # 1 Exhibit A-B)(Citera, Francis)
April 27, 2014 Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 5/27/2014 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/home/Judges.aspx. (mk)
April 21, 2014 Opinion or Order Filing 20 ORDER: The motions of Lori Chang and Ian Ballon to appear pro hac vice are both granted [dkt. nos. 16 & 18]. The motion hearing date of 4/22/2014 is vacated. Counsel are directed to promptly contact the Clerk of Court to establish e-filing accounts in this district. Signed by the Honorable Matthew F. Kennelly on 4/21/2014. Mailed notice(vcf, )
April 15, 2014 Filing 19 NOTICE of Motion by Ian Charles Ballon for presentment of motion to appear pro hac vice 18 before Honorable Matthew F. Kennelly on 4/22/2014 at 09:30 AM. (Ballon, Ian)
April 15, 2014 Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9393975. (Ballon, Ian)
April 15, 2014 Filing 17 NOTICE of Motion by Lori Chang for presentment of motion to appear pro hac vice 16 before Honorable Matthew F. Kennelly on 4/22/2014 at 09:30 AM. (Chang, Lori)
April 15, 2014 Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9393876. (Chang, Lori)
April 11, 2014 Filing 15 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's unopposed motion for extension of time 12 is granted; response to complaint is to be filed by 5/23/2014. (mk)
April 10, 2014 Filing 14 ATTORNEY Appearance for Defendant Yahoo! Inc. by Lucia Lynn Marker-moore (Marker-moore, Lucia)
April 10, 2014 Filing 13 NOTICE of Motion by Francis A Citera for presentment of motion for extension of time to file answer, motion for relief 12 before Honorable Matthew F. Kennelly on 4/15/2014 at 09:30 AM. (Citera, Francis)
April 10, 2014 Filing 12 MOTION by Defendant Yahoo! Inc. for extension of time to file answer regarding complaint 1 (UNOPPOSED) (Citera, Francis)
April 10, 2014 Filing 11 ATTORNEY Appearance for Defendant Yahoo! Inc. by Francis A Citera (Citera, Francis)
April 2, 2014 Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for class certfication 4 is entered and continued to the initial status hearing, which will be set by later order. (mk)
April 1, 2014 Filing 9 ATTORNEY Appearance for Plaintiff Rachel Johnson by Michael S. Hilicki (Hilicki, Michael)
March 24, 2014 Filing 8 SUMMONS Returned Executed by Rachel Johnson as to Yahoo! Inc. on 3/24/2014, answer due 4/14/2014. (Keogh, Keith)
March 24, 2014 SUMMONS Issued as to Defendant Yahoo! Inc. (jp, )
March 21, 2014 Filing 7 NOTICE of Motion by Keith James Keogh for presentment of motion to certify class 4 before Honorable Matthew F. Kennelly on 4/3/2014 at 09:30 AM. (Keogh, Keith)
March 21, 2014 Filing 6 ATTORNEY Appearance for Plaintiff Rachel Johnson by Katherine Marie Bowen (Bowen, Katherine)
March 21, 2014 Filing 5 ATTORNEY Appearance for Plaintiff Rachel Johnson by Timothy J. Sostrin (Sostrin, Timothy)
March 21, 2014 Filing 4 MOTION by Plaintiff Rachel Johnson to certify class (Attachments: # 1 Exhibit 1)(Keogh, Keith)
March 21, 2014 Filing 3 ATTORNEY Appearance for Plaintiff Rachel Johnson by Keith James Keogh (Keogh, Keith)
March 21, 2014 Filing 2 CIVIL Cover Sheet (Keogh, Keith)
March 21, 2014 Filing 1 COMPLAINT filed by Rachel Johnson; Jury Demand. Filing fee $ 400, receipt number 0752-9317656.(Keogh, Keith)
March 21, 2014 CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. (daj, )

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Plaintiff: Rachel Johnson
Represented By: Katherine Marie Bowen
Represented By: Michael S. Hilicki
Represented By: Keith James Keogh
Represented By: Timothy J. Sostrin
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Defendant: Yahoo! Inc.
Represented By: Ian Charles Ballon
Represented By: Lori Chang
Represented By: Francis A Citera
Represented By: Lucia Lynn Marker-Moore
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