DIRECTV, LLC v. SPINA et al
| DIRECTV, LLC |
| SPINA, VICTOR A SPINA, MARTINSVILLE CORRAL, INC. doing business as TEXAS CORRAL also known as SHELBYVILLE TEXAS CORRAL, WILLIAM SPINA, VICTOR A SPINA, JR., SHELBYVILLE TEXAS CORRAL and WILLIAM ANTHONY SPINA, JR. |
| T.C. OF MARTINSVILLE LLC Consolidated from case 1:15-cv-00105-TWP-TAB doing business as TEXAS CORRAL also known as MARTINSVILLE TEXAS CORRAL and MARTINSVILLE TEXAS CORRAL |
| MARTINSVILLE CORRAL, INC. |
| 1:2015cv00104 |
| January 26, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A Baker |
| Jane Magnus-Stinson |
| Cable/Satellite TV |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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| Filing 171 CLOSED DISMISSED - Dismissal with prejudice acknowledged, per Stipulation of Dismissal filed at dkt. #170 . The parties hereby dismiss this action in its entirety with prejudice and without costs. Signed by Judge Jane Magnus-Stinson on 5/9/2017.(APD) |
| Filing 170 STIPULATION of Dismissal , filed by Plaintiff DIRECTV, LLC. (Hufnagel, Christopher) |
Filing 169
ORDER ON APRIL 24, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel April 24, 2017, for a telephonic status conference. Settlement discussions were held and this case is settled. Therefore, any pending motions are denied as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. The parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 168
ORDER ON APRIL 10, 2017, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel April 10, 2017, for a telephonic status conference. Discussion held regarding settlement and related matters. This cause is set for a telephonic status conference at 10 a.m. on April 24, 2017. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to discuss settlement. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 166
ORDER granting Plaintiff's #165 Motion for Continuance. Telephonic Pre-Motion Conference RESET for 4/10/2017 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel who shall contact the Court at 317-229-3660. Signed by Magistrate Judge Tim A. Baker on 3/20/2017.(SWM)
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| Filing 165 MOTION for Continuance of March 28, 2017 Telephonic Pre-Motion Conference, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Hufnagel, Christopher) |
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Filing 164
ORDER granting Plaintiff's #163 Motion to Restore Case to Court's active calendar and for a Pre- Motion Telephonic Conference. Pre-Motion Telephone Conference set for 3/28/2017 02:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel who shall contact the Court at 317-229-3660. Signed by Magistrate Judge Tim A. Baker on 3/16/2017.(SWM)
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| Filing 163 MOTION TO RESTORE CASE TO COURT'S ACTIVE CALENDAR AND FOR PRE-MOTION TELEPHONE CONFERENCE, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Hufnagel, Christopher) |
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Filing 162
ORDER granting Plaintiff's #161 Motion for Extension of Time to File stipulation of dismissal. The parties shall file a stipulation of dismissal within 30 days. Signed by Magistrate Judge Tim A. Baker on 2/13/2017. (SWM)
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| Filing 161 MOTION for Extension of Time to to file Stipulation of Dismissal in which to #160 OrderTerminate Deadlines and HearingsTerminate Motions , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Hufnagel, Christopher) |
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Filing 160
ORDER that the Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, any pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 30 days. Signed by Magistrate Judge Tim A. Baker on 1/11/2017.(CBU)
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| Filing 159 NOTICE of Settlement, filed by Plaintiff DIRECTV, LLC (Lonstein, Julie) |
| Filing 158 Minute Entry - On January 5, 2017 the Court held a telephone conference. Plaintiff DirecTV, LLC ("DirecTV") was present by counsel Julie Lonstein and Christopher Hufnagel. Defendants Victor Spina, William Spina, and Martinsville Corral, Inc. were present by counsel Paul Overhauser. The Court Reporter was Jean Knepley. The telephone conference was originally to be the final pretrial conference, in preparation for the January 30, 2017 trial scheduled in this matter. At the outset of the conference, however, counsel advised that the parties are working diligently toward a possible settlement. The Court ORDERED counsel to advise the Courtroom Deputy, Michelle Imel, by 4:30 p.m. eastern time on January 5, 2017 of the status of settlement. Counsel reported progress is being made and they shall advise Ms. Imel on January 9, 2017 at 10:00 a.m. if settlement achieved. Counsel should contact Ms. Imel at 317-229-3670. If settlement is not achieved, the final pretrial conference will be re-set for a date during the week of January 9, 2017 by separate order. (GSO) |
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Filing 157
ORDER - The Court DENIES Defendants' #119 Motion for Reconsideration. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/4/2017. (GSO)
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| Filing 156 Submission of Defendants' Case Synopsis, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 155 Submission of Proposed Verdict Form, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 154 RESPONSE in Opposition re #144 MOTION in Limine , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 153 RESPONSE in Objection to Defendants', re #146 Proposed Jury Instructions, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 152 OBJECTION to Defendants' Trial Witness and Exhibit Lists by DIRECTV, LLC. Related document: #143 Witness ListExhibit List filed by VICTOR A SPINA, MARTINSVILLE CORRAL, INC., WILLIAM SPINA.(Lonstein, Julie) |
| Filing 151 Statement by Plaintiff of Case Synopsis by DIRECTV, LLC. (Lonstein, Julie) |
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Filing 150
ORDER GRANTING DEFENDANTS' MOTION FOR SEPARATION OF WITNESSES - Before the Court is Defendants' #147 Motion for Separation of Witnesses. The Court being advised, finds that the Motion should be, and hereby is GRANTED as to witnesses who are not named parties. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/29/2016. (GSO)
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| Filing 149 RESPONSE in Objection to Plaintiff's, re #140 Exhibit List, #141 Witness List, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
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Filing 148
ORDER GRANTING TELEPHONIC APPEARANCE FOR JANUARY 5, 2017 FINAL PRETRIAL CONFERENCE - Considering the #139 Motion of the Plaintiff for an Order allowing for telephone appearance by all counsel for the Final Pretrial Conference currently scheduled for January 5, 2017, and good cause having been shown, It is hereby ORDERED, that all counsel shall be permitted to appear by telephone at the January 5, 2017 Final Pretrial Conference. Plaintiff is to initiate the call to the Court with all counsel on the line. Signed by Judge Jane Magnus-Stinson on 12/28/2016. (GSO)
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| Filing 147 MOTION for Separation of Witnesses, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 146 Proposed Case-Specific Jury Instructions, filed by MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 145 Proposed Case-Specific Final Jury Instructions, filed by DIRECTV, LLC. (Lonstein, Julie) |
| Filing 144 MOTION in Limine , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 143 Witness List for Trial, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA, Exhibit List for Trial, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 142 TRIAL BRIEF by MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 141 Witness List for Trial, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 140 Exhibit List for Trial, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 139 Unopposed MOTION for all counsel to Appear by Telephone at January 5, 2017 Final Pretrial Conference, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Lonstein, Julie) |
| Filing 138 Proposed Voir Dire by MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 137 Submission of Depositions, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - 30(b)(6) Deposition of Kent Mader, #2 Exhibit 2 - Deposition of Craig Spencer)(Overhauser, Paul) |
| Filing 136 NOTICE of Anticipated Use of Evidence Presentation Equipment, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA (Overhauser, Paul) |
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Filing 135
ORDER - All claims against T.C. of Martinsville LLC are DISMISSED, and the Clerk is directed to TERMINATE T.C. of Martinsville LLC as a party in this matter. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/15/2016. (GSO)
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| Filing 134 REPORT in response to Order of Court, ECF#132, by DIRECTV, LLC. (Lonstein, Julie) |
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Filing 133
FINAL PRETRIAL CONFERENCE ORDER - The final pretrial conference in this action is scheduled for 1:00 p.m. on January 5, 2017 in Room 307, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. To facilitate the conference, and ultimately the trial, the Court now ORDERS as follows. To the extent that any instructions in this order conflict with those set forth in the case management plan, the instructions set forth in this order control. Copies of filings to be emailed to the Courtroom Deputy in MS Word form can be sent to Judge_Stinson_Chambers@insd.uscourts.gov. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/12/2016. (Attachments: #1 Exhibit 1 - Proposed Voir Dire, #2 Exhibit 2 - Proposed Preliminary Instructions, #3 Exhibit 3 - Proposed Final Instructions That Apply To All Claims)(GSO)
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Filing 132
ORDER - Trial in this matter is scheduled for January 30, 2017, and the Court requires clarification regarding whether DirecTV is still asserting claims against T.C., and the status of those claims. Accordingly, the Court ORDERS the parties to file a Joint Report by December 16, 2016, setting forth their understanding of whether DirecTV is still asserting claims against T.C., and the status of those claims. Further, to the extent counsel for Victor Spina, William Spina, and Martinsville Corral, Inc. also intends to represent T.C. in this matter, counsel must enter an appearance by December 16, 2016. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/12/2016. (GSO)
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Filing 131
ORDER ON DECEMBER 2, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel December 2, 2016, for a telephonic status conference. Discussion held regarding settlement. Attorney Paul Overhauser shall confer with his clients regarding settlement and promptly contact the Magistrate Judge. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 129
ORDER ON NOVEMBER 28, 2016, SETTLEMENT CONFERENCE AND ORDER SETTING TELEPHONIC STATUS CONFERENCE - Parties appeared in person and by counsel November 28, 2016, for a settlement conference. Settlement discussions held, but no settlement was reached. This cause is set for a telephonic status conference at 3:30 p.m. on December 2, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to continue settlement discussion. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 128
AMENDED ORDER re #127 Order on Motion for Continuance (marginal). Signed by Magistrate Judge Tim A. Baker on 11/21/2016.(CBU)
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| Filing 127 MARGINAL ENTRY entered re Plaintiff's #124 Motion for Continuance or to appear by telephone at 11/28/2016 settlement conference. Motion granted to the extent that out of town counsel/parties may appear by phone by calling the Court at 317-229-3660. Plaintiff's suggestion that travel burdens associated with the Thanksgiving holiday do not amount to good cause is not well taken. Signed by Magistrate Judge Tim A. Baker on 11/16/2016. (SWM) |
| Filing 126 RESPONSE in Opposition re #124 MOTION for Continuance or to Appear by Telephone at the November 28, 2016 Settlement Conference , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 125 REPLY in Support of Motion re #119 MOTION for Reconsideration re #115 Order on Motion for Summary JudgmentOrder on Motion for Sanctions , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - ABA Article, Whos the Pirate? Lawyers Join Forces to Fight Questionable Claims of Pay-TV Theft, #2 Exhibit 2 - Affidavit of Gabriela Padilla Rivera, #3 Exhibit 3 - Affidavit of Dritan Zani,, #4 Exhibit 4 - Affidavit of Marc Bragg, #5 Exhibit 5 - Depo. of Jaime Castillo, #6 Exhibit 6 - Class Action Third-Party Complaint against DirecTV)(Overhauser, Paul) |
| Filing 124 MOTION for Continuance or to Appear by Telephone at the November 28, 2016 Settlement Conference, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Lonstein, Julie) |
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Filing 123
ORDER GRANTING UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR RECONSIDERATION - Before the Court is Defendants' #122 Unopposed Motion for Enlargement of Time to File Reply in Support of #119 Motion for Reconsideration. The Court being advised, finds that the Motion should be, and hereby is GRANTED. The deadline for Defendants to file a Reply in Support of Motion for Reconsideration is hereby enlarged to November 10, 2016. Signed by Judge Jane Magnus-Stinson on 10/17/2016. (GSO)
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| Filing 122 Unopposed MOTION for Extension of Time to November 10, 2016 in which to #119 MOTION for Reconsideration re #115 Order on Motion for Summary JudgmentOrder on Motion for Sanctions file their Reply in Support of the Motion for Reconsideration #119 , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 121 RESPONSE in Opposition re #119 MOTION for Reconsideration re #115 Order on Motion for Summary JudgmentOrder on Motion for Sanctions , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
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Filing 120
ORDER ON SEPTEMBER 26, 2016, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES - Parties appeared by counsel September 26, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement and related matters. The Magistrate Judge recommends that the District Judge set this matter for a 2-3 day jury trial in or after January 2017. This matter is set for a settlement conference at 9 a.m. on November 28, 2016, in Room 234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. This is a global settlement conference, and the Court requests that counsel invite the counsel and parties from the state court declaratory judgment action to personally participate in the November 28 settlement conference. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 119 MOTION for Reconsideration re #115 Order on Motion for Summary JudgmentOrder on Motion for Sanctions , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 118 TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - This cause is hereby set for a Jury Trial before Judge Jane Magnus-Stinson on January 30, 2017 at 9:00 a.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. A Final Pretrial Conference is also set for January 5, 2017 at 1:00 p.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan. Counsel are further reminded to review the undersigned's #6 Practices and Procedures. Signed by Judge Jane Magnus-Stinson on 9/27/2016. (GSO) |
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Filing 117
ORDER VACATING AND RESETTING CONFERENCE - The Court, on its own motion, vacates the telephonic status conference set for 2:30 p.m. on September 13, 2016, and resets this conference for 10 a.m. on September 26, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement in light of the Court's entry of August 30, 2016. [Docket No. 115.]. Signed by Magistrate Judge Tim A. Baker on 9/12/2016.(MGG)
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Filing 116
SCHEDULING ORDER: Status Conference set for 9/13/2016 02:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement in light of the Court's entry of August 30, 2016. [Docket No. 115.] Signed by Magistrate Judge Tim A. Baker on 8/31/2016.(SWM)
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Filing 115
ORDER - The Court DENIES Defendants' #103 Motion for Sanctions, finding that neither DirecTV nor its counsel engaged in any sanctionable conduct relating to the second deposition of DirecTV's Rule 30(b)(6) witness. The Court GRANTS IN PART DirecTV's #79 Motion for Summary Judgment, to the extent that it finds that MCI is liable as a matter of law for violating 605. The Court DENIES IN PART DirecTV's #79 Motion for Summary Judgment, to the extent that it finds that genuine issues of material fact preclude summary judgment on DirecTV's vicarious liability claim against Victor Spina and William Spina under 605. The Court DENIES IN ITS ENTIRETY Defendants' #106 Cross-Motion for Summary Judgment. The claims remaining in this action are: (1) vicarious liability for violation of 47 U.S.C. 605 against Victor Spina and William Spina; and (2) violation of 18 U.S.C. 2511 against all Defendants. Additionally, the issue of what damages DirecTV is entitled to for MCI's violations of 47 U.S.C. 605 remains. The Court requests that the Magistrate Judge confer with the parties to address the possibility of an agreed resolution, or to establish a schedule for trial. No partial final judgment shall issue at this time. (See Order.) Signed by Judge Jane Magnus-Stinson on 8/30/2016. (GSO) Modified on 8/31/2016 (GSO).
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| Filing 114 REPLY in Support of Motion re #79 MOTION for Summary Judgment / Cross-Motion for Summary Judgment, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
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Filing 113
ORDER ON JULY 28, 2016, TELEPHONIC STATUS CONFERENCE - Plaintiff appeared by counsel and Defendant appeared in person and by counsel July 28, 2016, for a telephonic status conference. Discussion held regarding settlement and related matters. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 112 REPLY in Support of Motion re #79 MOTION for Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 111 Appendix of Exhibits in Support of Reply in Support of Motion re #79 MOTION for Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Exhibit September 25, 2015 Declaration of Craig Spencer, #2 Exhibit Excerpts of June 20, 2016 Deposition Transcript of Craig Spencer)(Lonstein, Julie) |
| Filing 110 REPLY in Support of Motion re #103 MOTION for Sanctions , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 109 Appendix of Exhibits in Support of Reply in Support of Motion re #103 MOTION for Sanctions , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - Declaration of Paul B. Overhauser, #2 Exhibit 2 - March 23 Email to Court, #3 Exhibit 3 - DirecTV Interrogatory Response)(Overhauser, Paul) |
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Filing 108
SCHEDULING ORDER: Status Conference set for 7/28/2016 02:00 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 7/15/2016.(SWM)
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| Filing 107 RESPONSE in Opposition re #103 MOTION for Sanctions , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Affidavit of Attorney Christopher J. Hufnagel and supporting exhibits)(Lonstein, Julie) |
| Filing 106 RESPONSE in Opposition re #79 MOTION for Summary Judgment and Cross-Motion for Summary Judgment, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 105 APPENDIX re #79 MOTION for Summary Judgment and Cross Motion for Summary Judgment by All Defendants. (Attachments: #1 Exhibit 1Affidavit of William Spina, #2 Exhibit 2Affidavit of Victor Spina, Jr, #3 Exhibit 3Kent Mader Deposition Excerpts, #4 Exhibit 4Affidavit of Craig Spencer, #5 Exhibit 5DirecTV Interrogatory Answers Nos. 19-21, #6 Exhibit 6Deposition of Craig Spencer (6/20/2016), #7 Exhibit 7DirecTV Answers to Interrogatories, #8 Exhibit 8DirecTV Account Information for MCI Account, #9 Exhibit 9DirecTV Press Release Agreement with Denver International Airport, #10 Exhibit 10DirecTV Notice of Deposition)(Overhauser, Paul) |
| Filing 104 RESPONSE to #102 Report on Attorneys Fees and Costs Following this Court's Order Granting Motion to Strike and for Sanctions, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, and WILLIAM SPINA. (Attachments: #1 Exhibit 1 - Spencer 6/20/16 Deposition Excerpts, #2 Exhibit 2 - DirecTV 30(b)(6) Deposition Excerpts, #3 Exhibit 3 - J. Lonstein / VFT Webpages, #4 Exhibit 4 - J. Lonstein Patent Application)(Overhauser, Paul) Modified on 6/28/2016 (GSO). |
| Filing 103 MOTION for Sanctions , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - Notice of 30(b)(6) Deposition of DirecTV LLC, #2 Exhibit 2 - Amended Notice of 30(b)(6) Deposition of DirecTV LLC, #3 Exhibit 3 - Renewed Notice of 30(b)(6) Deposition of DirecTV LLC, #4 Exhibit 4 - Certificate of Non-Appearance - 30(b)(6) Deposition of DirecTV)(Overhauser, Paul) |
| Filing 102 REPORT ON ATTORNEYS FEES AND COSTS FOLLOWING THIS COURTS ORDER GRANTING MOTION TO STRIKE AND FOR SANCTIONS [Filing No. 101] by DIRECTV, LLC. (Lonstein, Julie) |
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Filing 101
ORDER - The Court OVERRULES Defendants' #97 Objection to Report and Recommendation on Plaintiff's Motion to Strike and for Sanctions to the extent that it ADOPTS the Magistrate Judge's #88 Report and Recommendation except for the basis for sanctions, which the Court finds are more properly imposed pursuant to Fed. R. Civ. P. 30(d)(2) rather than the Court's inherent power. The Court GRANTS DirecTV's #56 Motion to Strike and for Sanctions to the extent that absent an agreement by the parties to use portions of Mr. Spencer's deposition, Mr. Spencer's deposition is STRICKEN. The Court also GRANTS DirecTV's #56 Motion to Strike and for Sanctions to the extent that it finds DirecTV is entitled to its fees and costs in connection with the motion. The Court ORDERS that, within 14 days of the date of this Order, DirecTV shall either submit a Fee Petition, or shall file a Report advising that it is only seeking the fees and costs set forth in the Declaration of Attorney Christopher J. Hufnagel, [Filing No. 56-1]. Defendants shall have 7 days from the date of DirecTV's filing of a Fee Petition or Report to respond. No reply is necessary. The Court OVERRULES MCI's #98 Objection and Motion for Reconsideration of Report and Recommendation on Plaintiff's Motion to Dismiss and ADOPTS the Magistrate Judge's #89 Report and Recommendation in full. The Court GRANTS DirecTV's #68 Motion to Dismiss Amended Counterclaim and DISMISSES WITH PREJUDICE MCI's breach of contract counter-claim. As set forth in the Court's January 7, 2016 Order, the deadline for Defendants to file a Motion for Summary Judgment, and to file a response to DirecTV's Motion for Summary Judgment, is 30 days from the date of this Order. (See Order.) Signed by Judge Jane Magnus-Stinson on 6/3/2016. (GSO)
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| Filing 100 RESPONSE to Defendants' Objections to Report and Recommendation on Plaintiff's Motion to Dismiss, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 99 RESPONSE to Defendants' Objections to Report and Recommendation on Plaintiff's Motion to Strike and For Sanctions, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 98 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by MARTINSVILLE CORRAL, INC. re #89 REPORT AND RECOMMENDATIONS re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim filed by DIRECTV, LLC (Overhauser, Paul) |
| Filing 97 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by All Defendants re #88 REPORT AND RECOMMENDATIONS re #56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions filed by DIRECTV, LLC (Overhauser, Paul) |
| Filing 96 Witness List and Exhibit List, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 95 Exhibit List , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 94 Witness List , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
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Filing 93
ORDER ON MARCH 24, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel March 24, 2016, for a telephonic status conference. Discussion held regarding settlement and related matters. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 91
ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 2 p.m. on March 24, 2016. Counsel and their clients shall participate in this conference, who shall be connected to the conference line no later than 1:55 p.m. Information on how to access this conference call will be provided to counsel of record in a separate notice. The purpose of this conference is to address status of settlement. Signed by Magistrate Judge Tim A. Baker on 3/23/2016.(MGG) Modified on 3/23/2016 (MGG). (Main Document 91 replaced on 3/23/2016) (MGG).
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Filing 90
ORDER ON MARCH 17, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel March 17, 2016, for a telephonic status conference. Discussion held regarding settlement and related matters. Defendant's counsel shall contact the Magistrate Judge by March 18, 2016, to provide an update on settlement. Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 89 REPORT AND RECOMMENDATIONS re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim filed by DIRECTV, LLC. Signed by Magistrate Judge Tim A. Baker on 3/16/2016.(SWM) |
| Filing 88 REPORT AND RECOMMENDATIONS re #56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions filed by DIRECTV, LLC. Signed by Magistrate Judge Tim A. Baker on 3/16/2016.(SWM) |
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Filing 87
ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 10:30 a.m. on March 17, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 3/11/2016.(MGG)
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Filing 85
ORDER ON JANUARY 26, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel January 26, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. The Court ordered Defendant to produce another representative for a follow-up Rule 30 (b)(6) deposition due to numerous deficiencies in the responses provided by the first Rule 30 (b)(6) deponent. The deposition shall be completed by February 16, 2016. Defendant's request for fees and costs in connection with this deposition is denied. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 86
ORDER granting Defendants' #84 Motion for Extension of Time to File Response re #79 MOTION for Summary Judgment. The deadline for Defendants to file a Motion for Summary Judgment is hereby enlarged to the date that coincides with Defendants' deadline to file their Cross- Summary Judgment Motion, as calculated per this Court's Order of January 7, 2016 [#078]. Signed by Magistrate Judge Tim A. Baker on 2/1/2016. (SWM)
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| Filing 84 MOTION for Extension of Time to File Response to coincide with deadline for Defendants to file cross-motion for summary judgment per Order of Jan. 7, 2016 re #79 MOTION for Summary Judgment , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - Kent Mader: Unprepared Topics, #2 Text of Proposed Order)(Overhauser, Paul) |
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Filing 83
ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 2:30 p.m. on January 26, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 1/25/2016.(MGG)
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| Filing 82 Receipt of four compact disks re #81 NOTICE of manual filings by Plaintiff DIRECTV, LLC. (BGT) |
| Filing 81 NOTICE of manual filings, filed by Plaintiff DIRECTV, LLC, re #79 MOTION for Summary Judgment . (Lonstein, Julie) |
| Filing 80 BRIEF/MEMORANDUM in Support re #79 MOTION for Summary Judgment , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 79 MOTION for Summary Judgment , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Auditors Affidavit of the Martinsville Texas Corral audit on June 3, 2014, #3 Exhibit B - Video Disc of the Martinsville Texas Corral audit on June 3, 2014 (filed manually), #4 Exhibit C - Photographs of the Martinsville Texas Corral audit on June 3, 2014, #5 Exhibit D - Auditors Affidavit of the Shelbyville Texas Corral audit on June 4, 2014, #6 Exhibit E - Video Disc of the Shelbyville Texas Corral audit on June 4, 2014 (filed manually), #7 Exhibit F - Photographs of the Shelbyville Texas Corral audit on June 4, 2014, #8 Exhibit G - DIRECTV Account Records for Account Number 045448353 in the name of Victor Spina, #9 Exhibit H - Plaintiffs Affidavit in Support of Motion for Summary Judgment, #10 Exhibit I - Attorney Affidavit in Support of Motion for Summary Judgment, #11 Exhibit J - DIRECTVs March 30, 2015, discovery requests for Civil Action 1:15-cv-00104-JMS-TAB and Civil Action 1:15-cv-00105-TWP-TAB, #12 Exhibit K - Defendant Victor A. Spina, Jr.'s Responses to First Requests for Admission and Amended Reponses to First Requests for Admission (15-cv-104), #13 Exhibit L - Defendant William A. Spina's Responses to First Requests for Admission and Amended Responses to First Requests for Admission (15-cv-104), #14 Exhibit M - Defendant Martinsville Corral Inc.s Responses to First Requests for Admission and Amended Responses to First Requests for Admission (15-cv-104), #15 Exhibit N - Defendant Victor A. Spina, Jr.'s Responses to First Requests for Admission and Amended Responses to First Requests for Admission (15-cv-105), #16 Exhibit O - Defendant Victor A. Spina, Jr.s Responses to Interrogatories and Amended Responses to Interrogatories (15-cv-104), #17 Exhibit P - Defendant William A. Spinas Responses to Interrogatories and Amended Responses to Interrogatories (15-cv-104), #18 Exhibit Q - Defendant Martinsville Corral Inc.s Responses to Interrogatories and Amended Responses to Interrogatories (15-cv-104), #19 Exhibit R - Defendant Victor A. Spina, Jr.s Responses to Interrogatories and Amended Responses to Interrogatories (15-cv-105), #20 Exhibit S - Excerpts from Transcript of Deposition of Defendant Victor A. Spina, Jr., #21 Exhibit T - Excerpts from Transcript of Deposition of Defendant William A. Spina)(Lonstein, Julie) |
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Filing 78
ORDER granting #77 Motion for Extension of Time. The Defendants are allowed to file a motion for summary judgment 30 dyas after the earlier of :(a)DirecTV filing its answer to defendant, Martinsville Corral Inc's counterclaim or (b) the Court granting DirecTV's motion to dismiss. Signed by Magistrate Judge Tim A. Baker on 1/7/2016. (CBU)
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| Filing 77 MOTION for Extension of Time to thirty (30) days after the earlier of: (a) DirecTV filing its Answer to Defendant, Martinsville Corral, Inc.s Counterclaim; or (b) the Court granting DirecTVs Motion to Dismiss [#068] for Defendants to file Motion for Summary Judgment, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - Email of Counsel, #2 Exhibit 2 - Proposed order)(Overhauser, Paul) |
| Filing 76 Statement of Claims by DIRECTV, LLC. (Lonstein, Julie) |
| Filing 75 Statement of Claims by All Defendants. (Overhauser, Paul) |
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Filing 74
ORDER REFERRING MOTION. On November 23, 2015, Plaintiff/Counterclaim-Defendant DIRECTV, LLC, filed a Motion To Dismiss Amended Counterclaim [dkt. 68]. United States Magistrate Judge Tim Baker is hereby designated pursuant to 28 U.S.C. 636(b)(1)(B) to conduct any necessary hearings and issue a report and recommendation regarding the proper disposition of Plaintiff/Counterclaim-Defendant DIRECTV, LLC's, Motion To Dismiss Amended Counterclaim. Signed by Judge Jane Magnus-Stinson on 12/18/2015. (BGT)
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| Filing 73 REPLY in Support of Motion re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 72 RESPONSE in Opposition re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim , filed by Counter Claimant MARTINSVILLE CORRAL, INC.. (Overhauser, Paul) |
| Filing 71 NOTICE of Objection to Expert Testimony of Directv, LLC, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA (Overhauser, Paul) |
| Filing 70 REPLY in Support of Motion re #56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 69 BRIEF/MEMORANDUM in Support re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Exhibit A - Indiana Secretary of State Document, #2 Exhibit B - DIRECTV Customer Agreement)(Lonstein, Julie) |
| Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to ECF document #59, Amended Counterclaim, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Lonstein, Julie) |
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Filing 67
ORDER ON NOVEMBER 20, 2015, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel November 20, 2015, for a telephonic status conference. Discussion held regarding related matters. The deposition of Directv's executive vice president shall take place on December 15, 2015, and the liability discovery deadline is enlarged to that date. The Court declines to enlarge the summary judgment motion at this time, though for good cause a party may file a motion requesting a brief enlargement. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 66
SCHEDULING ORDER - This cause is set for a telephonic status conference at 11:30 a.m. on November 20, 2015. Parties shall participate in this conference by counsel, who shall call the Court at 317-229- 3660. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 11/19/2015.(MGG)
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| Filing 65 RESPONSE in Opposition re #56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions , filed by Defendant MARTINSVILLE CORRAL, INC.. (Attachments: #1 Exhibit 1 - Spencer Declaration dated June 4, 2015, #2 Exhibit 2 - Spencer Declaration dated September 25, 2015, #3 Exhibit 3 - Spencer Declaration dated November 16, 2015, #4 Exhibit 4 - Spencer Deposition, September 25, 2015, #5 Exhibit 5 - Overhauser Declaration)(Overhauser, Paul) |
| Filing 64 NOTICE of Appearance by Wayne D. Lonstein on behalf of Plaintiff DIRECTV, LLC. (Lonstein, Wayne) |
| Filing 63 Defendants Victor A. Spina Jr. and William Spina ANSWER to #7 Amended Complaint and Affirmative Defenses, filed by VICTOR A SPINA, WILLIAM SPINA.(Overhauser, Paul) |
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Filing 62
DISCOVERY ORDER: Pending before the Court is a dispute involving the proper location of the deposition of Plaintiff's Rule 30(b)(6) corporate representative. Plaintiff DirectTV argues the deposition of a Rule 30(b)(6) representative presumptively should occur at the company's principal place of business, which is El Segundo, California. Defendants counter that Plaintiff (and its officers) are required to make themselves available for deposition in the district in which Plaintiff brought suit. The Court overrules Plaintiff's objections and orders the deposition of Plaintiff's Rule 30(b)(6) representative to occur in Indianapolis at a time mutually convenient for the parties and their counsel. In this regard, the Court adds that, inexplicably, Defendants served a notice of deposition for this Rule 30(b)(6) deposition while the Court had the dispute as to the deposition's proper location under consideration. Serving a notice of deposition under these circumstances was improper at best. That deposition notice is quashed (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 11/5/2015.(SWM)
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Filing 61
MINUTE ORDER - Plaintiff and Defendant appeared in person and by counsel October 29, 2015, for a settlement conference. Settlement discussions held, but no settlement was reached. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 60
ORDER REFERRING MOTION. On October 28, 2015, Plaintiff DIRECTV, LLC, filed a Motion To Strike and For Sanctions [dkt. 56]. United States Magistrate Judge Tim Baker is hereby designated pursuant to 28 U.S.C. 636(b)(1)(B) to conduct any necessary hearings and issue a report and recommendation regarding the proper disposition of Plaintiff DIRECTV, LLC's Motion To Strike and For Sanctions. Signed by Judge Jane Magnus-Stinson on 11/2/2015. Motions referred to Tim A. Baker. (BGT)
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| Filing 59 AMENDED COUNTERCLAIM against DIRECTV, LLC, filed by MARTINSVILLE CORRAL, INC.(SWM) |
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Filing 58
ORDER granting Defendant Martinsville Corral Inc's #47 Motion for Leave to File Amended Counterclaim. Signed by Magistrate Judge Tim A. Baker on 11/2/2015. (SWM)
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| Filing 57 BRIEF/MEMORANDUM in Support re #56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and MOTION for Sanctions , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 56 MOTION to Strike deposition transcript of non-party witness Craig Spencer and, MOTION for Sanctions , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Declaration of Attorney Christopher J. Hufnagel, #2 Text of Proposed Order)(Lonstein, Julie) |
| Filing 55 REPLY in Support of Motion re #47 MOTION for Leave to File First Amended Counterclaim , filed by Defendant MARTINSVILLE CORRAL, INC.. (Attachments: #1 Exhibit 1 - Declaration of Craig Spencer dated September 25, 2015, #2 ***STRICKEN per #101 Order*** Exhibit 2 - Excerpts - Deposition of Craig Spencer)(Overhauser, Paul) Modified on 6/3/2016 (GSO). |
| Filing 54 RESPONSE in Opposition re #47 MOTION for Leave to File First Amended Counterclaim , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
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Filing 53
ORDER granting Plaintiff's #51 Motion to excuse a representative from appearing in person at the Settlement Conference. Party representative is to appear at the October 29, 2015 Settlement Conference by telephone. Signed by Magistrate Judge Tim A. Baker on 10/13/2015. (SWM)
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Filing 52
ORDER: On December 10, 2013, this Court revised its Uniform Case Management Plan for Civil Cases to include Section II.D, which provides as follows: Within 14 days after the non-expert discovery deadline, and consistent with the certification provisions of Fed. R. Civ. Proc. 11(b) the party with the burden of proof shall file a statement of the claims or defenses it intends to prove at trial, stating specifically the legal theories upon which the claims or defenses are based. See #Southern District of Indiana website. If the Case Management Plan in the above-captioned case does not include Section II.D as quoted above, the Court AMENDS the parties' Case Management Plan to include Section II.D and the parties shall file the appropriate statement. If the Case Management Plan in the above-captioned case already includes Section II.D as quoted above, the Court REMINDS the parties of their obligation to file the appropriate statement. Signed by Judge Jane Magnus-Stinson on 10/13/2015. (BGT)
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| Filing 51 Amended MOTION to Excuse Plaintiff's Representative From Appearing At Settlement Conference In Person and Request For Plaintiff's Representative to Appear By Telephone or Video Conference, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Lonstein, Julie) |
| Filing 50 MOTION to Excuse Plaintiff's Representative From Appearing At Settlement Conference In Person and Request For Plaintiff's Representative to Appear By Telephone, filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Text of Proposed Order)(Lonstein, Julie) |
| Filing 49 NOTICE of intent to respond in opposition, filed by Plaintiff DIRECTV, LLC, re #47 MOTION for Leave to File First Amended Counterclaim. (Lonstein, Julie) |
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Filing 48
MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Parties appeared by counsel September 29, 2015, for a telephonic status conference. This matter is set for a settlement conference at 1:30 p.m. on October 29, 2015, in Room 234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. Copy Mailed **SEE ORDER FOR DETAILS** Signed by Magistrate Judge Tim A. Baker. (MGG) Modified on 10/1/2015 (MGG). (Main Document 48 replaced on 10/1/2015) (MGG).
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| Filing 47 MOTION for Leave to File First Amended Counterclaim, filed by Defendant MARTINSVILLE CORRAL, INC.. (Attachments: #1 Exhibit 1 - Defendant, MCI's First Amended Counterclaim, #2 Exhibit 2 - Proposed Order)(Overhauser, Paul) |
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Filing 46
ORDER granting #45 Motion to Appear pro hac vice. Attorney Christopher J. Hufnagel for DIRECTV, LLC added. Copy to Christopher J. Hufnagel via US Mail. Signed by Magistrate Judge Tim A. Baker on 9/29/2015. (SWM)
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| Filing 45 MOTION for Attorney(s) Christopher J. Hufnagel to Appear pro hac vice (Filing fee $30, receipt number 0756-3617523), filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Exhibit Certification of Christopher J. Hufnagel, #2 Text of Proposed Order)(Lonstein, Julie) |
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Filing 44
SCHEDULING ORDER: This cause is set for a telephonic status conference at 2:00 p.m. on September 29, 2015. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 9/28/2015.(MGG)
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Filing 43
ORDER ADOPTING #42 REPORT AND RECOMMENDATION. The Magistrate Judge submitted his Report and Recommendation on two pending motions to dismiss. Defendants Victor and William Spinas' motion to dismiss [Filing Nos. 15, 35] be granted in part and denied in part, such that DirecTV's conversion claim should be dismissed and the interception claim should proceed forward. As to DirecTV's motion to dismiss MCI's counterclaims [Filing No. 22] the Magistrate Judge recommended that the motion should be granted. MCI's tortious interference with business relationship and abuse of process claims should be dismissed with prejudice. MCI's breach of contract claim should be dismissed without prejudice. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Jane Magnus-Stinson on 8/27/2015. (BGT)
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| Filing 42 AMENDED REPORT AND RECOMMENDATIONS re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY filed by DIRECTV, LLC, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VICTOR A SPINA, MARTINSVILLE CORRAL, INC. and WILLIAM SPINA. This entry is being amended to substitute the word "granted" for "dismissed" on page 8, at the conclusion of the discussion on the tortious interference with business relationship claim. The purpose of this amendment is to clarify the wording, not to substantively change the entry. As a result, the 14-day objection period should not be extended. Signed by Magistrate Judge Tim A. Baker on 8/11/2015.(SWM) |
| Filing 41 REPORT AND RECOMMENDATIONS re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY filed by DIRECTV, LLC, #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VICTOR A SPINA AND, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VICTOR A SPINA, MARTINSVILLE CORRAL, INC. and WILLIAM SPINA. Signed by Magistrate Judge Tim A. Baker on 8/5/2015.(SWM) |
| Filing 40 Witness List Preliminary, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA, Exhibit List Preliminary, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 39 Witness List - preliminary, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 38 Exhibit List - preliminary, filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
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Filing 34
ORDER. On July 6, 2015, the Court consolidated Cause No. 1:15-cv-00105-TWP-TAB into this action. The Court directs the Clerk to re-docket the pending motion to dismiss and the related filings from Cause No. 1:15-cv-00105-TWP-TAB (Filing No. 10; Filing No. 11: Filing No. 12) in this action and reopen that motion to dismiss as pending on the Court's docket. An Order Referring Motion had previously been entered referring that motion to United States Magistrate Tim A. Baker pursuant to 28 U.S.C. 636(b)(1)(B) to issue a report and recommendation, and that Order remains in effect. Signed by Judge Jane Magnus-Stinson on 7/15/2015. (BGT) Modified on 7/15/2015 (BGT).
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Filing 33
ORDER. The parties have filed their responses, [Filing No. 31; Filing No. 32], to the portion of the Case Management Plan in which the Court ordered the parties to show cause why this case should not be consolidated with Cause No. 1:15-cv-105-TWP-TAB, [Filing No. 30 at 13]. The parties' responses represent their consent to the consolidation of the two actions at issue. [Filing No. 31; Filing No. 32.] Therefore, the Court ORDERS Cause No. 1:15-cv-105-TWP-TAB CONSOLIDATED with Cause No. 1:15-cv-104-JMS-TAB for all future proceedings. All future filings should bear Cause No. 1:15-cv-104-JMS-TAB. The Court directs the Clerk to also docket this Order in Cause No. 1:15-cv-105-TWP-TAB and close that case. Signed by Judge Jane Magnus-Stinson on 7/6/2015. (BGT)
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| Filing 32 RETURN TO ORDER TO SHOW CAUSE, re #30 Order: Case ManagementScheduling Order, filed by MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA.. (Overhauser, Paul) |
| Filing 31 RETURN TO #30 ORDER TO SHOW CAUSE, filed by DIRECTV, LLC. (Lonstein, Julie) Modified on 6/26/2015 (BGT). |
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Filing 30
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 6/12/2015 for an Initial Pretrial Conference. Dispositive Motions due by 1/26/2016. Discovery due by 11/26/2015. The parties shall show cause, if any, why this case should not be consolidate with Cause No. 1:15-cv-0105-TWP-TAB for pretrial matters or, alternatively, for all purposes including trial. Signed by Magistrate Judge Tim A. Baker on 6/24/2015.(SWM)
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| Filing 29 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff DIRECTV, LLC . (Attachments: #1 Exhibit 1 - Letter dated May 13, 2015, #2 Exhibit 2 - Email messages between counsel)(Lonstein, Julie) |
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Filing 28
ORDER REFERRING MOTIONS for Report and Recommendation: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY filed by DIRECTV, LLC, and #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VICTOR A SPINA, MARTINSVILLE CORRAL, INC., WILLIAM SPINA. Signed by Judge Jane Magnus-Stinson on 5/19/2015. Motions referred to Tim A. Baker.(SWM)
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| Filing 27 REPLY in Support of Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY , filed by Counter Defendant DIRECTV, LLC, Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 26 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY , filed by Defendant MARTINSVILLE CORRAL, INC.. (Overhauser, Paul) |
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Filing 25
ORDER granting Defendants' #24 Motion to Continue the Initial Pretrial Conference. The Initial Pretrial Conference set for June 4, 2015 is vacated and reset for June 12, 2015 at 11:30 am in Room 234, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Magistrate Judge Tim A. Baker on 4/30/2015. (BGT)
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| Filing 24 Unopposed MOTION for Continuance of Initial Pre-Trial Conference [Doc. 21], filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit Proposed Order)(Overhauser, Paul) |
| Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY , filed by Counter Defendant DIRECTV, LLC. (Attachments: #1 Exhibit A - DIRECTV Customer Agreement)(Lonstein, Julie) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANT/COUNTERCLAIM-PLAINTIFFS COUNTERCLAIMS IN THEIR ENTIRETY, filed by Counter Defendant DIRECTV, LLC. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss Counterclaims, #2 Exhibit A to Memorandum - DIRECTV Customer Agreement, #3 Text of Proposed Order)(Lonstein, Julie) |
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Filing 21
SCHEDULING ORDER: Initial Pretrial Conference set for 6/4/2015 09:30 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. The parties shall file the proposed CMP no less than seven days prior to the pretrial conference (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 4/27/2015.(SWM)
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| Filing 37 REPLY in Support of Motion re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant VICTOR A SPINA. ***Reply docketed per Dkt. #34 Order. Motion originally docketed in case 1:15-cv-00105-TWP-TAB at Dkt. No. #12 .*** (BGT) |
| Filing 20 REPLY in Support of Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 36 RESPONSE in Opposition re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff DIRECTV, LLC. ***Response docketed per Dkt. #34 Order. Response originally docketed in case 1:15-cv-00105-TWP-TAB at Dkt. No. #11 .*** (Attachments: #1 Exhibit A - Complaint in J&J Sports Productions v. Mayreal II, LLC, #2 Exhibit B - Amended Complaint in J&J Sports Productions v. Mayreal II, LLC) (BGT) |
| Filing 19 RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff DIRECTV, LLC. (Attachments: #1 Exhibit A - Complaint for J&J v. Mayreal II LLC, #2 Exhibit B - Amended Complaint for J&J v Mayreal II LLC)(Lonstein, Julie) |
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Filing 18
ORDER denying Parties' #17 Joint Motion for Extension of Time to Respond to Discovery. Pursuant to Local Rule 6-1(b), only a notice is required, not a motion. Signed by Magistrate Judge Tim A. Baker on 4/16/2015. (BGT)
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| Filing 17 Joint MOTION for Extension of Time to Plaintiff to respond to discovery is by April 27, 2015 and May 15, 2015, respectively; and Defendants to respond to discovery is by May 16, 2015 , filed by Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant VICTOR A SPINA. ***Motion docketed per Dkt. #34 Order. Motion originally docketed in case 1:15-cv-00105-TWP-TAB at Dkt. No. #10 .*** (Attachments: #1 J&J Sports v. Mayreal II, Order on Motion to Dismiss, Case 11-3345 (MD, February 1, 2012)) (BGT) |
| Filing 16 ANSWER to #7 Amended Complaint Afffirmative Defenses and, COUNTERCLAIM against DIRECTV, LLC, filed by MARTINSVILLE CORRAL, INC..(Overhauser, Paul) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Attachments: #1 Exhibit 1 - J&J Sports v. Mayreal II, Order on Motion to Dismiss, Case 11-3345 (MD, February 1, 2012))(Overhauser, Paul) |
| Filing 14 NOTICE of Parties' First Extension of Time, filed by Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 13 Corporate Disclosure Statement by MARTINSVILLE CORRAL, INC.. (Overhauser, Paul) |
| Filing 12 NOTICE of Appearance by Paul B. Overhauser on behalf of Defendants MARTINSVILLE CORRAL, INC., VICTOR A SPINA, WILLIAM SPINA. (Overhauser, Paul) |
| Filing 11 RETURN of Service by CMRRR, filed by DIRECTV, LLC. MARTINSVILLE CORRAL, INC. served on 2/19/2015. (Lonstein, Julie) |
| Filing 10 RETURN of Service by CMRRR, filed by DIRECTV, LLC. WILLIAM SPINA served on 2/19/2015. (Lonstein, Julie) |
| Filing 9 RETURN of Service by CMRRR, filed by DIRECTV, LLC. VICTOR A SPINA served on 2/18/2015. (Lonstein, Julie) |
| Filing 8 Summons Issued as to MARTINSVILLE CORRAL, INC. and WILLIAM SPINA. (BGT) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by DIRECTV, LLC. (Attachments: #1 Proposed Summons)(Lonstein, Julie) |
| Filing 6 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (BGT) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 4 Summonses Issued as to MARTINSVILLE CORRAL, INC., VICTOR A SPINA. (DJH) |
| Filing 3 Corporate Disclosure Statement by DIRECTV, LLC identifying Corporate Parent THE DIRECTV GROUP, INC., Corporate Parent DIRECTV HOLDINGS LLC for DIRECTV, LLC.. (Lonstein, Julie) |
| Filing 2 NOTICE of Appearance by Julie Cohen Lonstein on behalf of Plaintiff DIRECTV, LLC. (Lonstein, Julie) |
| Filing 1 COMPLAINT against All Defendants, filed by DIRECTV, LLC. (Filing fee $400, receipt number 0756-3328852) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Lonstein, Julie) |
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