Malik v. F-19 Holdings, LLC et al
| Anwar K. Malik |
| F-19 Holdings, LLC, Fitness 19 KY 185, LLC and CallFire, Inc. |
| 5:2015cv00130 |
| May 8, 2015 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Fayette |
| Karen K Caldwell |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2016. A more recent docket listing may be available from PACER.
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Filing 48
ORDER of USCA as to #47 Notice of Appeal filed by Anwar K. Malik this case is dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. (Attachments: #1 Cover Letter - No mandate to issue)(LC)
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USCA Case Number 16-5791 Case Manager Robin Baker for #47 Notice of Appeal filed by Anwar K. Malik. (LC)
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Filing 47
NOTICE OF APPEAL as to #45 Order, Terminate Motions,,,, #46 Judgment, by Anwar K. Malik. Filing fee $ 505, receipt number 0643-3503703. (Winters, Jessica)
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Filing 46
JUDGMENT: 1. The motion to dismiss #33 by F-19 Holdings and Fitness 19 is GRANTED and the claims against those dfts are DISMISSED without prejudice. 2. The motion to Compel #33 is GRANTED. 3. Callfire is DISMISSED as a dft and all claims against CallFire are DISMISSED without prejudice. 4. This matter is DISMISSED and STRICKEN from the Court's active docket. 5. This judgment is FINAL and APPEALABLE. Signed by Judge Karen K. Caldwell on 05/19/16.(LC)cc: COR
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Filing 45
OPINION AND ORDER: 1. The Motion by F-19 to dismiss #33 is GRANTED and the claims are DISMISSED without prejudice. 2. The motion by F-19 to compel arbitration #33 is GRANTED and if the plaintiff intends to pursue those claims, he is ORDER to submit them to arbitration. 3. The F-19 motion to enforce notice of dismissal #42 is DENIED. 4. CallFire is DISMISSED as a Defendant and all claims against CallFire are DISMISSED without prejudice. 5. CallFire motion to dismiss #35 is DENIED as moot. Signed by Judge Karen K. Caldwell on 05/19/16.(LC)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #33 MOTION to Dismiss by F-19 Holdings, LLC, Fitness 19 KY 185, LLC and Motion to Compel Arbitration MOTION to Compel (KJR)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #35 MOTION to Dismiss for failure to state a claim by CallFire, Inc. (KJR)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #42 MOTION to Enforce Notice of Dismissal as to Entire Action re #40 Notice of Voluntary Dismissal by F-19 Holdings, LLC, Fitness 19 KY 185, LLC (LC)
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Filing 44
REPLY to Response to Motion re #42 MOTION to Enforce Notice of Dismissal as to Entire Action re #40 Notice of Voluntary Dismissal by F-19 Holdings, LLC, Fitness 19 KY 185, LLC filed by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Donnellon, Daniel)
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Filing 43
RESPONSE in Opposition re #42 MOTION to Enforce Notice of Dismissal as to Entire Action re #40 Notice of Voluntary Dismissal by F-19 Holdings, LLC, Fitness 19 KY 185, LLC filed by Anwar K. Malik. (Winters, Jessica)
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Filing 42
MOTION to Enforce Notice of Dismissal as to Entire Action re #40 Notice of Voluntary Dismissal by F-19 Holdings, LLC, Fitness 19 KY 185, LLC (Attachments: #1 Proposed Order)(Donnellon, Daniel)
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Filing 41
ORDER: the pla having filed a Notice of Voluntary Dismiss of dft CallFire, Inc.; that pla's claims against CallFire, Inc. are DISMISSED WITHOUT PREJUDICE. Signed by Judge Karen K. Caldwell on 12/9/15.(KJR)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #40 Notice of Voluntary Dismissal (LC)
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Filing 40
NOTICE of Voluntary Dismissal by Anwar K. Malik (Attachments: #1 Proposed Order Proposed Dismissal Order)(Winters, Jessica)
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Filing 39
RESPONSE in Opposition re #33 MOTION to Dismiss by F-19 Holdings, LLC, Fitness 19 KY 185, LLC and Motion to Compel Arbitration MOTION to Compel filed by Anwar K. Malik. (Winters, Jessica)
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Filing 38
ORDER: 1. The first motion #11 to compel and to dismiss is DENIED as moot; 2. the plaintiff's motion for leave to file a sur-reply #25 regarding the first motion to compel is also DENIED as moot. Signed by Judge Karen K. Caldwell on 11/17/2015.(LC)cc: COR
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Filing 37
ORDER: granting #32 Motion for Adam D. Bowser to Appear Pro Hac Vice. Signed by Judge Karen K. Caldwell on 11/17/2015. (LC)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to attorney Adam D. Bowser
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Filing 36
ORDER: granting #31 Motion for Michael B. Hazzard to Appear Pro Hac Vice. Signed by Judge Karen K. Caldwell on 11/17/2015. (LC)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Attorney Michael B. Hazzard
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NOTICE OF DOCKET MODIFICATION TO Daniel J. Donnellon re #33 MOTION to Dismiss by F-19 Holdings, LLC, Fitness 19 KY 185, LLC and Motion to Compel Arbitration MOTION to Compel - Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (LC)
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BAR STATUS Check completed as to Adam D. Bowser re #32 MOTION for Adam D. Bowser to Appear Pro Hac Vice by CallFire, Inc. ( Filing fee $95; receipt number 0643-3353182). (LC)
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BAR STATUS Check completed as to Michael B. Hazzard re #31 MOTION for Michael B. Hazzard to Appear Pro Hac Vice by CallFire, Inc. ( Filing fee $95; receipt number 0643-3353162). (LC)
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Filing 35
MOTION to Dismiss for failure to state a claim by CallFire, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Terms of Service, #3 Exhibit 2 - Text Set Up, #4 Proposed Order)(McCauley, Haley)
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Filing 34
MEMORANDUM IN SUPPORT of #33 Motion to Compel Arbitration and to Dismiss Plaintiff's Second Amended Complaint filed by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Attachments: #1 Membership Agreement, #2 FCC Order)(Donnellon, Daniel)
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Filing 33
MOTION to Dismiss by F-19 Holdings, LLC, Fitness 19 KY 185, LLC and Motion to Compel Arbitration (Attachments: #1 Proposed Order)(Donnellon, Daniel). Added MOTION to Compel on 11/17/2015 (LC).
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Filing 32
MOTION for Adam D. Bowser to Appear Pro Hac Vice by CallFire, Inc. ( Filing fee $95; receipt number 0643-3353182) (Attachments: #1 Exhibit A - Affidavit of Adam D. Bowser, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(McCauley, Haley)
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Filing 31
MOTION for Michael B. Hazzard to Appear Pro Hac Vice by CallFire, Inc. ( Filing fee $95; receipt number 0643-3353162) (Attachments: #1 Exhibit A - Affidavit of Michael B. Hazzard, #2 Exhibit B - Certificate of Good Standing, #3 Proposed Order)(McCauley, Haley)
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Filing 30
SECOND AMENDED CLASS ACTION COMPLAINT against CallFire, Inc., F-19 Holdings, LLC, Fitness 19 KY 185, LLC, filed by Anwar K. Malik. Filed pursuant to Order #29 (LC)
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Filing 29
ORDER: 1. The Plaintiff's #20 MOTION for Leave to File second amended complaint is GRANTED; and 2. The Clerk SHALL FILE the tendered amended complaint into the record. Signed by Judge Karen K. Caldwell on 11/2/15.(LC)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re #20 FIRST MOTION for Leave to File Second Amended Complaint. (RKT)
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***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re #25 MOTION for Leave to File Sur-Reply to Motion to Compel Arbitration & to Dismiss by Anwar K. Malik. (RKT)
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Filing 28
REPLY BRIEF to #11 , #25 Motion for Leave to File Sur-Reply filed by Anwar K. Malik. (Winters, Jessica)
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Filing 27
RESPONSE to Motion re #20 FIRST MOTION for Leave to File by Anwar K. Malik seeking to file second amended complaint filed by CallFire, Inc.. (Edelman, Barbara)
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Filing 26
RESPONSE in Opposition re #25 MOTION for Leave to File Sur-Reply to Motion to Compel Arbitration & to Dismiss by Anwar K. Malik filed by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Donnellon, Daniel)
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Filing 25
MOTION for Leave to File Sur-Reply to Motion to Compel Arbitration & to Dismiss by Anwar K. Malik. (Attachments: #1 Exhibit - Tendered Sur-Reply, #2 Proposed Order)(Winters, Jessica) Modified text on 7/29/2015 (RKT).
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***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re #11 MOTION to Compel by F-19 Holdings, LLC, Fitness 19 KY 185, LLC Arbitration and to Dismiss. (RKT)
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Filing 24
REPLY to Response to Motion re #11 MOTION to Compel by F-19 Holdings, LLC, Fitness 19 KY 185, LLC Arbitration and to Dismiss filed by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Attachments: #1 Federal Communications Order FCC 15-72 (July 10, 2015))(Donnellon, Daniel)
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Filing 23
ORDER: re #22 The deadline for CallFire to answer to Plaintiff's First Amended Class Action Complaint shall be extended until after the Court rules upon Plaintiff's Motion for Leave to File Second Amended Class Action Complaint #20 . Signed by Judge Karen K. Caldwell on 07/17/2015.(LC)cc: COR
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Filing 22
Proposed Agreed Order/Stipulation Further Extending Time to Respond to Plaintiff's Complaint by CallFire, Inc.. (Edelman, Barbara)
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NOTICE OF DOCKET MODIFICATION TO Jessica K. Winters re #21 MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT. Error: the incorrect event "motion" was selected. Entry by Attorney; Clerk re-defined the pleading as a "Memorandum in support". No further action required by counsel. cc: COR (LC)
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Filing 21
MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS ACTION COMPLAINT #20 (Attachments: #1 Exhibit Emails between counsel re: Rule 11)(Winters, Jessica) Modified text on 7/10/2015 (LC).
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Filing 20
FIRST MOTION for Leave to File by Anwar K. Malik seeking to file second amended complaint (Attachments: #1 Exhibit Tendered Second Amended Class Action Complaint, #2 Proposed Order Proposed Order Motion for Leave)(Winters, Jessica)
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Filing 19
RESPONSE in Opposition re #11 MOTION to Compel by F-19 Holdings, LLC, Fitness 19 KY 185, LLC Arbitration and to Dismiss filed by Anwar K. Malik. (Winters, Jessica)
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Filing 18
NOTICE/ORDER: All parties are notified that the undersigned's stepson, Lloyd R. Cress, Jr., is employed as a non-equity member of Dinsmore & Shohl, LLP. Signed by Judge Karen K. Caldwell on 06/22/2015.(LC)cc: COR
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Filing 17
ORDER: re: #15 The deadline for the dft CallFire, Inc., to Respond to Plaintiff's Complaint is extended through July 20, 2015. Signed by Judge Karen K. Caldwell on 06/22/2015.(LC)cc: COR
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***PROPOSED AGREED ORDER SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #15 Proposed Agreed Order/Stipulation Extending Time for Defendant CallFire, Inc., to Respond to Plaintiff's Complaint by CallFire, Inc. (LC)
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Filing 16
FRCP 7.1 DISCLOSURE STATEMENT by CallFire, Inc.. (Edelman, Barbara)
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Filing 15
Proposed Agreed Order/Stipulation Extending Time for Defendant CallFire, Inc., to Respond to Plaintiff's Complaint by CallFire, Inc.. (Edelman, Barbara)
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Filing 14
ORDER: Dfts' Motion #10 for Alex Rodger to Appear Pro Hac Vice is GRANTED. Signed by Judge Karen K. Caldwell on 06/18/2015.(LC)cc: COR, Copy of general Order 06-11 and a copy of Electronic Filing Attorney registration Form to Alex Rodger
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Filing 13
SUMMONS RETURNED SERVICE BY SECRETARY OF STATE to F-19 Holdings, LLC COMPLETED on 6/16/2015. Secretary of State return states Delivered on 6/1/15. (LC)
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NOTICE OF DOCKET MODIFICATION TO Andrea Nichols re #12 MEMORANDUM IN SUPPORT Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel cc: COR (LC)
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BAR STATUS Check completed re #10 MOTION for Alex Rodger to Appear Pro Hac Vice by F-19 Holdings, LLC, Fitness 19 KY 185, LLC ( Filing fee $95; receipt number 0643-3238502). (LC)
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***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #10 MOTION for Alex Rodger to Appear Pro Hac Vice by F-19 Holdings, LLC, Fitness 19 KY 185, LLC ( Filing fee $95; receipt number 0643-3238502) (LC)
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Filing 12
MEMORANDUM IN SUPPORT of #11 filed by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Attachments: #1 Exhibit A - Membership Agreement)(Nichols, Andrea) Modified text on 6/16/2015 (LC).
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Filing 11
MOTION to Compel by F-19 Holdings, LLC, Fitness 19 KY 185, LLC Arbitration and to Dismiss (Attachments: #1 Proposed Order)(Nichols, Andrea)
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Filing 10
MOTION for Alex Rodger to Appear Pro Hac Vice by F-19 Holdings, LLC, Fitness 19 KY 185, LLC ( Filing fee $95; receipt number 0643-3238502) (Attachments: #1 Affidavit, #2 Proposed Order)(Nichols, Andrea)
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Filing 9
FRCP 7.1 DISCLOSURE STATEMENT by Fitness 19 KY 185, LLC. (Nichols, Andrea)
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Filing 8
FRCP 7.1 DISCLOSURE STATEMENT by F-19 Holdings, LLC. (Nichols, Andrea)
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Filing 7
NOTICE OF APPEARANCE by F-19 Holdings, LLC, Fitness 19 KY 185, LLC. (Nichols, Andrea)
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Filing 6
SUMMONS RETURNED SERVICE BY SECRETARY OF STATE to CallFire, Inc. COMPLETED on 6/9/2015. Secretary of State return states delivered on 5/29/15 (LC)
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Filing 5
CERTIFIED MAIL RECEIPT to Secretary of the State. (LC)
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Filing 4
AMENDED COMPLAINT against All Defendants, filed by Anwar K. Malik.(Kurtz, Jonathan)
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Filing 3
Summons Issued as to CallFire, Inc., F-19 Holdings, LLC; Summons issued and returned to counsel by U.S. Mail for service by Secretary of the State. (Attachments: #1 Summons)(LC)
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Filing 2
Summons Issued as to Fitness 19 KY 185, LLC; Summons issued and returned to counsel electronically (LC)
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Filing 1
COMPLAINT ( Filing fee $400; receipt number 0643-3210875), filed by Anwar K Malik. (Attachments: #1 Tendered Summons F-19 Holdings LLC, #2 Tendered Summons - Fitness 19 KY 185, LLC, #3 Tendered Summons - CallFire Inc., #4 Civil Cover Sheet, #5 Case Assignment)(LC)
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Conflict Check run. (LC)
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