CHAMPION PRO CONSULTING GROUP, INC., et al v. IMPACT SPORTS FOOTBALL, LLC et al
| CHAMPION PRO CONSULTING GROUP, INC. and CARL E. CAREY, JR., PH.D. |
| CHRISTINA WHITE, ROBERT QUINN, MITCHELL FRANKEL, TONY FLEMING, IMPACT SPORTS FOOTBALL, LLC and MARVIN AUSTIN |
| NC DEPARTMENT SECRETARY OF STATE |
| 1:2012cv00027 |
| January 9, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Orange |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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| Filing 159 SATISFACTION OF JUDGMENT as to Clerk's 1/10/17 Taxation of Costs in the Amount of $7,755.60 by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (GINSBERG, PETER) |
| Filing 158 USCA ORDER. Costs for these proceedings are taxed and certified in the amount of $48.00, as itemized in the accompanying bill of costs. 15-1899. (Taylor, Abby) |
| Filing 157 MANDATE of USCA. The judgment of this court, entered 12/22/2016, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. re #147 Notice of Appeal filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. 15-1899. (Taylor, Abby) |
| Filing 156 TAXATION OF COSTS in the amount of $ 7,755.60 are allowed and taxed against Plaintiffs. Signed by Clerk of Court, JOHN S. BRUBAKER, on 01/10/2017. (Taylor, Abby) |
| Filing 155 BILL OF COSTS (Amended) and Reply in Support of Bill of Costs by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Supplement Reply in Support of Bill of Costs)(GINSBERG, PETER) |
| Filing 154 OBJECTIONS to Answer to Bill of Costs by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 153 BILL OF COSTS and Supporting Documentation by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Objection to Bill of Costs due by 1/18/2017. (GINSBERG, PETER) |
| Filing 152 USCA JUDGMENT In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. as to #147 Notice of Appeal filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. 15-1899. (Taylor, Abby) |
| Filing 151 USCA OPINION Affirmed by published opinion. 15-1899. (Taylor, Abby) |
| Filing 150 Transcript of Proceedings held on 03/30/2015, before Judge William L. Osteen, Jr. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (Armstrong, Joe) |
| Filing 149 NOTICE of Docketing Record on Appeal from USCA re #147 Notice of Appeal filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. USCA Case Number 15-1899. Case Manager: T. Fischer. (Taylor, Abby) |
| Filing 148 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #147 Notice of Appeal (Taylor, Abby) |
| Filing 147 NOTICE OF APPEAL by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Filing fee $ 505, receipt number 0418-1749845. (DOLLEY, KEVIN) |
| Filing 146 JUDGMENT signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 07/15/2015, that Defendants' Motion to Dismiss the Amended Complaint (Doc. #31 ) is GRANTED IN PART AND DENIED IN PART, that Defendants' Motion for Summary Judgment (Doc. #62 ) is GRANTED, and that this case is DISMISSED.(Taylor, Abby) |
Filing 145
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 07/15/2015, that Defendants' Motion for Summary Judgment (Doc. #62 ) is GRANTED and that this case is DISMISSED. A judgment in accordance with this Memorandum Opinion and Order will be entered contemporaneously herewith.(Taylor, Abby)
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Filing 144
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 07/15/2015, that Plaintiffs' Motion for Sanctions (Doc. #120 ) is GRANTED IN PART and DENIED IN PART. This court will not enter a default judgment against Defendants but will impose a sanction as explained herein. (Taylor, Abby)
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Filing 143
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 03/31/2015, that Plaintiffs' Motion to Withdraw their Motion for Relief Pursuant to Federal Rule of Civil Procedure 56(d) (Doc. #133 ) is GRANTED and that Plaintiffs' Motion for Relief Pursuant to Federal Rule of Civil Procedure 56(d) (Doc. #68 ) is DENIED AS MOOT. (Taylor, Abby)
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| Minute Entry for proceedings held before CHIEF JUDGE WILLIAM L. OSTEEN JR. in Greensboro: Hearing held on 3/30/2015 re #62 MOTION for Summary Judgment , #120 MOTION for Sanctions , #68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d). Attorneys Dolley, Schaede, Ginsberg and Erteschik present. Matters taken under consideration as stated in court. (Court Reporter Jospeh Armstrong.) (Court Reporter Jospeh Armstrong.) (Powell, Gloria) |
| Telephonic Notice to/from ANDREW H. ERTESCHIK held on 3/19/2015: In light of scheduling conflicts the motions hearing set for 3/25/2015 has been reset to 3/30/2015; Counsel for defendants, Andrew Erteschik conferred with opposing counsel and all parties consent to the rescheduling of this hearing. Motion Hearing reset for 3/30/2015 02:00 PM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 142 NOTICE of Hearing: Motions Hearing set for 3/25/2015 09:30 AM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| CASE REFERRED re: #141 Reply to Response to #120 Motion, to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 141 REPLY, filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC., to Response to #120 MOTION for Sanctions filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(DOLLEY, KEVIN) |
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Filing 140
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 02/11/2015, that Plaintiffs' motion (Doc. #134 ) is GRANTED and that the page limitation for Plaintiffs' reply brief is hereby expanded eight (8) pages (exclusive of a title page, signature page, and certificate of service). Any reply brief shall otherwise conform to the rules of this court. Plaintiff shall have a period of two days to file a reply brief in accordance with this order. (Taylor, Abby)
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Filing 139
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 02/10/2015, that Defendants' motion (Doc. #136 ) is GRANTED and that the page limitation for Defendants Reply Brief is hereby expanded to two (2) pages (exclusive of a title page, signature page, and certificate of service). (Taylor, Abby)
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| Motions Submitted: #120 MOTION for Sanctions, #133 MOTION to Withdraw Document, #134 MOTION for Leave to Exceed Page Limitations for Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Sanctions in the Form of Default Judgment or an Adverse Jury Instruction, #136 Consent MOTION to Exceed Page Limit, to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 138 RESPONSE to #130 Statement of Material Facts, #131 Statement of Material Facts, re #62 MOTION for Summary Judgment Response to Plaintiffs' Statement of Additional Facts filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (GINSBERG, PETER) Modified on 2/4/2015 to correct title of document (Taylor, Abby). |
| Filing 137 REPLY, filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, to Response to #62 MOTION for Summary Judgment filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Exhibit A & B)(GINSBERG, PETER) |
| Filing 136 Consent MOTION to Exceed Page Limit by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Filing 135 REPLY, filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC., to Response to #120 MOTION for Sanctions filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(DOLLEY, KEVIN) |
| Filing 134 MOTION for Leave to Exceed Page Limitations for Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Motion for Sanctions in the Form of Default Judgment or an Adverse Jury Instruction by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 133 MOTION to Withdraw Document by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 132 RESPONSE Memorandum of Law In Opposition To Defendants' Motion For Summary Judgment filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. re #62 MOTION for Summary Judgment filed by MARVIN AUSTIN, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, TONY FLEMING filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Replies due by 2/5/2015. (DOLLEY, KEVIN) |
| Filing 131 Statement of Material Facts re #62 MOTION for Summary Judgment Plaintiffs' Statement of Additional and Controverted Material Facts filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 130 Statement of Material Facts re #62 MOTION for Summary Judgment Response to Defendants' Statement of Undisputed Material Facts filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 129 Index of Exhibits Part 2 Exhibits 17 through 32 of 49 by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit 17 part 1, #2 Exhibit 17 part 2, #3 Exhibit 17 Part 3, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21 part 1, #8 Exhibit 21 part 2, #9 Exhibit 21 part 3, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25, #14 Exhibit 26, #15 Exhibit 27, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30, #19 Exhibit 31, #20 Exhibit 32)(DOLLEY, KEVIN) |
| Filing 128 Index of Exhibits Part 3 Exhibits 33 through 49 of 49 by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit 33, #2 Exhibit 34, #3 Exhibit 35, #4 Exhibit 36, #5 Exhibit 37, #6 Exhibit 38, #7 Exhibit 39, #8 Exhibit 40, #9 Exhibit 41, #10 Exhibit 42, #11 Exhibit 43, #12 Exhibit 44, #13 Exhibit 45, #14 Exhibit 46, #15 Exhibit 47, #16 Exhibit 48, #17 Exhibit 49)(DOLLEY, KEVIN) |
| Filing 127 Index of Exhibits Part 1 Exhibits 1 through 16 of 49 by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1, #3 Exhibit 2 part 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(DOLLEY, KEVIN) |
| TEXT ORDER granting #125 Motion to Exceed Page Limitations and accepting #126 Response as filed. Issued by MAG/JUDGE L. PATRICK AULD on 01/13/2015. (AULD, L.) |
| Motion Referred: re: #125 MOTION to Exceed Page Limit for Defendants' Brief in Opposition to Plaintiffs' Motion for Sanctions to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 126 RESPONSE in Opposition re #120 MOTION for Sanctions filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Replies due by 1/29/2015. (Attachments: #1 Exhibit 1 - Lee Declaration, #2 Exhibit 2 - Erteschik Declaration, #3 Exhibit 3 - Litigation Hold Memo, #4 Exhibit 4 - 3-14-2012 E-Mail, #5 Exhibit 5 - Impact Transcript, #6 Exhibit 6 - Fleming Transcript, #7 Exhibit 7 - Frankel Transcript, #8 Exhibit 8 - Stewart Transcript, #9 Exhibit 9 - Quinn Transcript, #10 Exhibit 10 - White Transcript, #11 Exhibit 11 - Austin Transcript, #12 Exhibit 12 - Supp. Response)(GINSBERG, PETER) |
| Filing 125 MOTION to Exceed Page Limit for Defendants' Brief in Opposition to Plaintiffs' Motion for Sanctions by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Filing 124 AMENDED MEMORANDUM re #120 MOTION for Sanctions Corrected Brief As Contemplated by #123 Motion by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(DOLLEY, KEVIN) |
| Motion Referred: re: #123 MOTION to Correct Brief to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| TEXT ORDER granting #123 Motion for Leave to File Corrected Brief and directing Plaintiffs to file corrected brief as contemplated by #123 Motion by 01/09/2015. Issued by MAG/JUDGE L. PATRICK AULD on 01/07/2015. (AULD, L.) |
| Telephonic Notice held on 1/7/2015 with attorney Mark Obermeyer: Defendants do not oppose #123 Motion to Correct Brief. (Welch, Kelly) |
| Filing 123 MOTION to Correct Brief by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 1/26/2015 (Attachments: #1 Exhibit)(DOLLEY, KEVIN) |
| Filing 122 STATUS REPORT by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 121 MEMORANDUM re #120 MOTION for Sanctions by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(DOLLEY, KEVIN) |
| Filing 120 MOTION for Sanctions by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 1/12/2015 (DOLLEY, KEVIN) |
| TEXT ORDER terminating #92 Motion to Compel, in light of Text Order dated 11/03/2014 and #119 Notice. Issued by MAG/JUDGE L. PATRICK AULD on 12/09/2014. (AULD, L.) |
| Filing 119 NOTICE by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. Parties' Joint Notice (DOLLEY, KEVIN) |
| TEXT ORDER requiring that, on or before 12/09/2014, the Parties shall file a Joint Notice stating whether any issue raised in #92 Motion to Compel (including any issue as to cost-shifting) remains for resolution by the Court and, if so, what specifically the Parties contend so remains. By Text Order dated 11/03/2014, the Court granted in part, denied in part, and deferred in part #92 Motion to Compel for the reasons and in the manner stated on the record at the hearing held on 10/31/2014. Said Text Order further required, inter alia: (1) the Parties to consult about the deferred portion of #92 Motion to Compel; (2) Plaintiffs to submit a supplemental filing making certain showings (as specified at the hearing) regarding any matters that Plaintiffs contended remained in dispute; and (3) Defendants to file any supplemental response by 12/01/2014. Plaintiffs subsequently timely filed a Notice that appeared to indicate that, as a result of the ordered consultation, the Parties had resolved all remaining issues; however, the last line of said Notice stated that Defendants maintained a relevance objection as to certain matters. Defendants did not file any response by their respective deadline yesterday. The Court therefore requires the clarification now ordered. Issued by MAG/JUDGE L. PATRICK AULD on 12/02/2014. (AULD, L.) |
| Filing 118 MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/26/2014 as set out herein. ORDERED that Non-Party North Carolina Secretary of State's Motion to Quash and Objection to Subpoena and Notice of Deposition (Docket Entry #96 ) is GRANTED.(Taylor, Abby) |
| TEXT ORDER granting #116 Motion for Extension of Time. Dispositive motions are due by 12/17/2014. Issued by MAG/JUDGE L. PATRICK AULD on 11/26/2014. (AULD, L.) |
| Motion Referred: re: #116 MOTION for Extension of Time To File Motion Dispositive Motions until December 17, 2014, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 117 NOTICE by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. Regarding Meet & Confer Efforts (DOLLEY, KEVIN) |
| Filing 116 MOTION for Extension of Time To File Dispositive Motions until December 17, 2014 by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (DOLLEY, KEVIN) |
| Filing 115 REPLY, filed by Third-Party NC DEPARTMENT SECRETARY OF STATE, to Response to #96 Third Party MOTION to Quash Subpoena filed by NC DEPARTMENT SECRETARY OF STATE. (Attachments: #1 Affidavit of District Attorney James Woodall, #2 Affidavit of Special Agent A.H. Jones)(JONES-PHILLIPS, LAREENA) |
| Set/Reset Dispositive Motion Deadline: Dispositive Motions due by 12/3/2014. (Taylor, Abby) |
| TEXT ORDER granting in part and denying in part #107 Motion to Amend/Correct Discovery Plan. The parties may conduct the deposition of a corporate designee for Defendant Impact Sports Football, LLC and the conclusion of the deposition of Defendant Tony Fleming by 12/12/2014. The Court will not extend the deadline for any other discovery at this time. If the resolution of other discovery motions warrants further discovery, Plaintiff may seek relief targeted to such matters. The deadline for dispositive motions remains 12/03/2014; however, the parties are relieved of any obligation to file a notice of intention to file dispositive motions and, if any party believes in good faith that any outstanding discovery necessitates an extension of the dispositive motions deadline, said party may file a motion making a particularized showing to that effect. Issued by MAG/JUDGE L. PATRICK AULD on 11/03/2014. (AULD, L.) |
| TEXT ORDER granting in part, denying in part, and deferring in part #92 Motion to Compel for the reasons and in the manner stated on the record at the hearing held on 10/31/2014. Defendants shall promptly make the supplemental productions ordered. After consulting with Defendants, Plaintiffs shall make the required supplemental filing by 11/17/2014. Defendants shall make any supplemental response by 12/01/2014. Issued by MAG/JUDGE L. PATRICK AULD on 11/03/2014. (AULD, L.) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Motion Hearing held on 10/31/2014 re #105 MOTION for Leave to Exceed Page Limitations for Plaintiffs Reply in Support of Plaintiffs Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Interrogatories and Requests for Production filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC., #92 MOTION to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. As stated on the record, plaintiffs' motion #105 for Leave to Exceed Page Limitations for Plaintiffs' Reply in Support of Plaintiffs' Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Interrogatories and Requests for Production of Documents Directed to Defendants is hereby GRANTED and pleading #106 is excepted by the Court as filed; Text Order forthcoming as to #92 Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants. (Attorney(s) Kevin Dolley and Karen Schaede appeared on behalf of plaintiffs; Attorney(s) Beth Manzullo and Andrew Erteschik appeared on behalf of defendants; Proceedings recorded) (Kemp, Donita) |
| Filing 114 NOTICE of Appearance by attorney BETH A. MANZULLO on behalf of Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, Movants ROBERT QUINN, CHRISTINA WHITE (MANZULLO, BETH) |
| TEXT ORDER denying #113 Motion for Leave for Counsel to Participate by Telephone. Given the volume and complexity of the issues apparently left for resolution, the Court deems an in-person hearing necessary. Further, the Court rejects the suggestion by Defendants that counsel admitted to this Court who choose to appear with specially-appearing counsel possess some reduced obligation to their clients and/or to this Court. Duke Univ. v. Universal Prods. Inc., No. 1:13CV701, 2014 WL 3670019, at *1-3 (M.D.N.C. July 24, 2014) (unpublished). Finally, to the extent Defendants choose to have a specially-appearing counsel represent them at the hearing, Defendants have not shown why traveling to this District for the hearing on 10/31/2014 would preclude said counsel from preparing for matters to which he must attend on 11/03/2014. Attorneys routinely must juggle multiple assignments and regularly must work while traveling. The Court regrets any inconvenience, but does not deem the circumstances presented sufficient to warrant excusing an in-person appearance by counsel for Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 10/30/2014. (AULD, L.) |
| Filing 113 First MOTION Leave for Defendants Lead Counsels Associate to Participate by Telephone in Hearing by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Responses due by 11/24/2014 (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Filing 112 JOINT STATUS REPORT Amended Joint Notice Regarding Meet and Confer Efforts filed by all parties.. (Attachments: #1 Exhibit, #2 Exhibit)(DOLLEY, KEVIN) |
| Filing 111 JOINT STATUS REPORT Parties' Joint Notice Regarding Meet and Confer Efforts filed by all parties.. (DOLLEY, KEVIN) |
| Motions Referred: RE: #110 First MOTION to Continue October 31, 2014 Hearing, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| TEXT ORDER denying #110 Motion for Continuance of October 31, 2014 Hearing. Defendants seek a continuance of a hearing scheduled to resolve a discovery dispute. As grounds for the requested continuance, Defendants cite only the fact that specially-appearing counsel for Defendants, Peter Ginsberg, has a scheduling conflict. That contention does not constitute good cause under the circumstances. First, by making a special appearance in this case, Mr. Ginsberg agreed to ensure the presence of an attorney familiar with the case and with authority to control the litigation at all hearings. M.D.N.C. LR 83.1(d)(1)(i). Further, by appearing with Mr. Ginsberg, local counsel for Defendants, Andrew Erteschik, assumed responsibility for the conduct of this litigation. M.D.N.C. LR 83.1(d)(2). Finally, the discovery deadline rapidly approaches and the instant discovery dispute appears to represent but one of a number of discovery issues that will require resolution by the Court. Given those considerations, the Court cannot find good cause to delay the scheduled hearing, particularly where specially-appearing counsel for the parties apparently do not have common availability until December 2014. Issued by MAG/JUDGE L. PATRICK AULD on 10/29/2014. (AULD, L.) |
| TEXT ORDER requiring that, in advance of the hearing scheduled for 10/31/2014, the following shall occur: 1) consistent with their agreement documented on page 14 of #112 Joint Notice, Defendants shall provide Plaintiffs with information regarding the ESI searched, the individuals responsible for maintaining the ESI searched, the search terms used, the scope of time within which the search was conducted, and the basis for withholding any information from search results; and 2) consistent with their agreement documented on pages 20 and 21 of #112 Joint Notice, Defendants shall provide Plaintiffs with a narrative describing any measures they took to preserve information related to the lawsuit. Issued by MAG/JUDGE L. PATRICK AULD on 10/29/2014. (AULD, L.) |
| Filing 110 First MOTION to Continue October 31, 2014 Hearing by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Responses due by 11/21/2014 (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Motions Referred: re: #92 MOTION to Compel Discovery, #105 MOTION for Leave to Exceed Page Limitations for Plaintiffs Reply in Support of Motion to Compel Discovery, #107 MOTION to Amend/Correct Discovery Plan By Consent of the Parties to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
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Filing 109
ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/21/2014, that, on or before October 28, 2014, counsel for the Parties shall meet and confer directly and engage in good faith negotiations to resolve or narrow the disputed issues. This meeting must take place in person or via telephone conference. FURTHER that, on or before October 29, 2014, at 12:00 p.m., the Parties shall file a Joint Notice reporting the outcome of their efforts to resolve or narrow the disputed issues and, further, stating all discovery requests which remain in dispute and the nature of the disagreement as to each outstanding request. FURTHER that, on or before October 29, 2014, at 12:00 p.m., the Parties shall exchange written information detailing all expenses incurred, including attorneys fees, in making or opposing the instant Motion. FURTHER that, counsel for the Parties shall appear for a hearing on the Motion to Compel (Docket Entry #92 ) in Courtroom 1A of the L. Richardson Preyer United States Courthouse, Greensboro, North Carolina, at 1:00 p.m., on October 31, 2014, unless the above-described Joint Notice indicates that the Parties have reached an agreement as to all disputed discovery requests contained in the instant Motion. Given the large number of discovery requests which remain in dispute at this time, counsel for the Parties should anticipate that the hearing may continue into the evening on October 31, 2014. The Court may also take up the issue of expense-shifting at the hearing and thus counsel for the Parties must come prepared to address any matters related to expense-shifting, including any disputed issues regarding the reasonableness of any claimed hourly rate(s) and/or of the number of hours expended. (Taylor, Abby)
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| Set Motion Hearing: Motion Hearing set for 10/31/2014 at 1:00 PM in Greensboro Courtroom #1A. (Taylor, Abby) |
| Filing 108 RESPONSE in Opposition re #96 Third Party MOTION to Quash Subpoena filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Replies due by 11/6/2014. (Attachments: #1 Exhibit Exhibit 1)(DOLLEY, KEVIN) |
| Filing 107 MOTION to Amend/Correct Discovery Plan By Consent of the Parties by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 106 REPLY, filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC., to Response to #92 MOTION to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(DOLLEY, KEVIN) |
| Filing 105 MOTION for Leave to Exceed Page Limitations for Plaintiffs Reply in Support of Plaintiffs Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Interrogatories and Requests for Production of Documents Directed to Defendants by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 11/10/2014 (DOLLEY, KEVIN) |
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Filing 104
ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/14/2014, that Non-Party Quinn's Emergency Motion for Protective Order (Docket Entry #98 ) is DENIED. (Taylor, Abby)
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| Motion Referred: re: #98 Emergency MOTION for Protective Order to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 103 REPLY, filed by Movant ROBERT QUINN, to Response to #98 Emergency MOTION for Protective Order filed by ROBERT QUINN. (GINSBERG, PETER) |
| Filing 102 RESPONSE in Opposition re #98 Emergency MOTION for Protective Order filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. Replies due by 10/27/2014. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(DOLLEY, KEVIN) |
| TEXT ORDER granting #100 Motion for Leave to Exceed Page Limitation and accepting #101 Response as filed. Issued by MAG/JUDGE L. PATRICK AULD on 10/03/2014. (AULD, L.) |
| Filing 101 RESPONSE in Opposition re #92 MOTION to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Replies due by 10/20/2014. (Attachments: #1 Exhibit A - excerpts from Fleming deposition transcript, #2 Exhibit B - excerpts from Frankel deposition transcript)(GINSBERG, PETER) |
| Filing 100 MOTION for Leave to File Excess Pages by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Responses due by 10/27/2014 (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Motion Referred: re: #100 MOTION for Leave to File Excess Pages to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| TEXT ORDER temporarily granting #98 Motion for Emergency Protective Order to preserve the status quo pending the completion of briefing and final resolution of the issues raised in #98 Motion. Pursuant to Local Rule 7.3(f), the Court finds good cause to shorten the deadline for the filing of any response to #98 Motion to 10/08/2014. Given that Movant has sought emergency relief, the Court further finds it appropriate to require the filing of any reply by Movant by 10/10/2015. Issued by MAG/JUDGE L. PATRICK AULD on 10/01/2014. (AULD, L.) |
| TEXT ORDER granting #91 Motion for Leave to Exceed Page Limitations and denying #95 Motion for Expedited Briefing Schedule or Hearing. The Court accepts #93 Brief as filed, but concludes that, because of the extensive nature of said filing, Defendants should have the normal response time as to #92 Motion to Compel. If Plaintiffs prevail on #92 Motion to Compel and can show that any discovery ordered produced reasonably warrants follow-up discovery, Plaintiffs can seek leave to pursue such matters beyond the discovery deadline. Issued by MAG/JUDGE L. PATRICK AULD on 10/01/2014. (AULD, L.) |
| Filing 99 Memorandum of Law in Support MEMORANDUM re #98 Emergency MOTION for Protective Order by Movant ROBERT QUINN filed by ROBERT QUINN. (GINSBERG, PETER) |
| Filing 98 Emergency MOTION for Protective Order by ROBERT QUINN. Responses due by 10/24/2014 (Attachments: #1 Text of Proposed Order, #2 Affidavit Certificate of Conference)(GINSBERG, PETER) |
| Filing 97 MEMORANDUM IN SUPPORT OF #96 Third Party MOTION to Quash Subpoena by NC Department of the Secretary of State. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit)(JONES-PHILLIPS, LAREENA) Modified on 9/29/2014 to correct title of document(Taylor, Abby). |
| Filing 96 Third Party MOTION to Quash Subpoena by NC Department of the Secretary of State. Responses due by 10/20/2014 (JONES-PHILLIPS, LAREENA) |
| Filing 95 MOTION to Expedite Briefing Schedule or Hearing on Plaintiffs Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (DOLLEY, KEVIN) |
| Filing 94 LIST re #93 Memorandum, Index of Exhibits in Support for their Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants and Plaintiffs Certificate Verifying Compliance with Local Rule 37.1(a) by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(DOLLEY, KEVIN) |
| Filing 93 BRIEF filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. re #92 MOTION to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (DOLLEY, KEVIN) |
| Filing 92 MOTION to Compel Discovery Responses and Production of Documents Requested in Plaintiffs First and Second Sets of Written Discovery Directed to Defendants by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 10/2/2014 (Attachments: #1 Exhibit)(DOLLEY, KEVIN) |
| Filing 91 MOTION for Leave To Exceed Page Limitations For Plaintiffs' Legal Brief In Support Of Plaintiffs' Motion to Compel Discovery Responses and Production of Documents Requested in Plaintiffs' First and Second Sets of Written Discovery by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 10/2/2014 (DOLLEY, KEVIN) |
| Filing 90 NOTICE by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. Parties' Joint Notice (DOLLEY, KEVIN) |
| CASE REFERRED to MAG/JUDGE L. PATRICK AULD, RE: #90 Parties Joint Notice, complying with #89 Order. Hearing set for 9/5/14 at 2:00 pm in Greensboro, NC, Courtroom No. 1A is canceled. (Garrett, Kim) |
| Set/Reset Discovery Deadline: Discovery due by 11/3/2014. (Taylor, Abby) |
| Motion Referred: RE: #88 MOTION to Amend/Correct Discovery Plan By Consent of the Parties to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| TEXT ORDER granting #88 Motion to Amend/Correct Discovery Plan. The parties shall complete discovery by 11/03/2014. Issued by MAG/JUDGE L. PATRICK AULD on 08/20/2014. (AULD, L.) |
| Set Hearings: Status Conference set for 9/5/2014 02:00 PM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. See #89 Order (Garrett, Kim) |
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Filing 89
ORDER signed by MAG/JUDGE L. PATRICK AULD on 08/19/2014, that on or before August 26, 2014, Defendants shall serve Plaintiffs with a Notice setting forth the reasonable expenses, including attorneys' fees, incurred by Defendants in opposing Plaintiff's Motion for Emergency Protective Order Governing Confidential Information and Documents (Docket Entry #70 ) and Plaintiffs shall serve Defendants with a Notice setting forth the reasonable expenses, including attorneys' fees, incurred by Plaintiffs in opposing Defendants' Motion for Emergency Protective Order (Docket Entry #83 ). FURTHER that, on or before September 2, 2014, Plaintiffs and Defendants shall file a Joint Notice (1) certifying that their counsel have conferred in good faith about the matter of expense-shifting related to Plaintiffs' Motion for Emergency Protective Order Governing Confidential Information and Documents (Docket Entry #70 ) and Defendants' Motion for Emergency Protective Order (Docket Entry #83 ), including the reasonableness of any identified expenses, and (2) either documenting the fact of their resolution of all issues without need of any further action by the Court or summarizing the nature of any remaining dispute(s). FURTHER that, if the Joint Notice filed by the parties notes the existence of any remaining dispute(s) about expense-shifting related to Plaintiffs' Motion for Emergency Protective Order Governing Confidential Information and Documents (Docket Entry #70 ) and/or Defendants' Motion for Emergency Protective Order (Docket Entry #83 ), Attorneys Karen McKeithen Schaede, Kevin J. Dolley, Andrew H. Erteschik, and Peter R. Ginsberg shall appear for a hearing (at which the undersigned Magistrate Judge will receive evidence and/or argument regarding any such dispute(s)) in Courtroom 1A of the L. Richardson Preyer United States Courthouse, Greensboro, North Carolina, at 2:00 p.m., on September 5, 2014. (Taylor, Abby)
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| Filing 88 MOTION to Amend/Correct Discovery Plan By Consent Of The Parties by CARL E. CAREY, JR., PH.D.. (DOLLEY, KEVIN) |
| Filing 87 CERTIFICATE OF SERVICE by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC re #86 Declaration, (GINSBERG, PETER) |
| Filing 86 DECLARATION filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC re #83 Emergency MOTION for Protective Order filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Exhibit 1 - Kiernan Resignation Letter)(GINSBERG, PETER) |
| TEXT ORDER denying #83 Motion for Emergency Protective Order. The Scheduling Order in this case set 09/19/2014, as the deadline for discovery. On 06/26/2014, counsel for Plaintiffs asked specially-appearing counsel for Defendants, Peter Ginsberg, to propose dates in the next month for the deposition of Sean Kiernan. Ginsberg responded that he did not think he had any availability until late summer or early fall. On 07/11/2014, counsel for Plaintiffs again asked Ginsberg for a date in July and noted that Plaintiffs could not wait until near the end of the discovery period to depose Kiernan. Ginsberg responded by refusing to consider any dates before September. On 07/30/2014, Defendants opposed the request by Plaintiffs to extend the discovery deadline. On 07/31/2014, the Court declined to extend the discovery deadline. That same day, counsel for Plaintiffs gave written notice to Ginsberg that Plaintiffs intended to take the deposition of Kiernan (pursuant to a subpoena) at 9:30 a.m. on 08/15/2014, at 15303 Ventura Blvd., Sherman Oaks, California. On 08/08/2014 (a Friday), counsel for Plaintiffs successfully served Kiernan with a subpoena requiring his appearance at a deposition at 9:30 a.m. on 08/15/2014, at 15303 Ventura Blvd., Sherman Oaks, California. On 08/11/2014 (the following Monday), counsel for Plaintiffs advised Ginsberg in writing that Plaintiffs had made service on Kiernan. That same day, Ginsberg responded by objecting to the adequacy of notice to Defendants and stating that he was not available for the deposition on 08/15/2014. Counsel for Plaintiffs then offered to move the deposition of Kiernan to the week of 08/18/2014, but Ginsberg rejected that offer due to his unavailability. On 08/12/2014, Ginsberg added that he would not cooperate with any further discovery until an objection he previously had raised with counsel for Plaintiffs regarding access to transcripts from other depositions was resolved. That same day, Defendants filed the instant #83 Motion claiming that they had not received notice of the time and place of the Kiernan deposition until 08/11/2014 (without disclosing the fact of the written notice Ginsberg received on 07/31/2014). Under the foregoing circumstances, the Court concludes that Defendants received reasonable written notice as required by Federal Rule of Civil Procedure 30(b)(1) and that Defendants failed to show good cause for the entry of a protective order under Federal Rule of Civil Procedure 26(c)(1), particularly given the refusal by Ginsburg to consider any agreed-upon dates for a deposition of Kiernan in July or August, notwithstanding the fact that discovery closed on 09/19/2014, and that Defendants opposed any extension of the discovery deadline. Issued by MAG/JUDGE L. PATRICK AULD on 08/14/2014. (AULD, L.) |
| Filing 85 RESPONSE in Opposition re #83 Emergency MOTION for Protective Order filed by CHAMPION PRO CONSULTING GROUP, INC.. Replies due by 9/2/2014. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(DOLLEY, KEVIN) |
| TEXT ORDER requiring the filing of any response by Plaintiffs to #83 Motion for Emergency Protective Order by Noon on 08/14/2014. Because #83 Motion concerns a deposition noticed for 08/15/2014, good cause exists under Local Rule 7.3(f) to shorten the normal response time in this fashion. Further, because of the relevant time constraints, the Court will not await a reply from Defendants before ruling on #83 Motion. Issued by MAG/JUDGE L. PATRICK AULD on 08/13/2014. (AULD, L.) |
| Filing 84 MEMORANDUM filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC re #83 Emergency MOTION for Protective Order Memorandum in Support of Motion filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Exhibits A-D)(GINSBERG, PETER) |
| Filing 83 Emergency MOTION for Protective Order by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Responses due by 9/5/2014 (Attachments: #1 Proposed Order, #2 Certificate of Conference)(GINSBERG, PETER) |
| TEXT ORDER finding as moot #74 Motion to Seal, striking [74-1] Declaration (with rough transcript) and [74-2] Unredacted Memorandum, and directing the Clerk to unseal #74 Motion to Seal once [74-1] Declaration (with rough transcript) and [74-2] Unredacted Memorandum are stricken. The Text Order issued today regarding #70 Motion for Emergency Protective Order did not rely in any way on the attachments to #74 Motion to Seal. Accordingly, no need exists for said attachments to remain part of the record (and thus no need exists for the Court to address the propriety of sealing such attachments). For that same reason, #73 Redacted Memorandum may remain on the Docket in its redacted form. Finally, with the striking of the attachments to #74 Motion to Seal, no need exists to maintain said #74 Motion to Seal under seal. Issued by MAG/JUDGE L. PATRICK AULD on 08/12/2014. (AULD, L.) |
| TEXT ORDER denying #70 Motion for Emergency Protective Order Governing Confidential Information and Documents. As an initial matter, Plaintiffs failed to file a brief in support of the instant #70 Motion, in contravention of Local Rules 7.3(a) and (j). That failure generally warrants denial of the requested relief under Local Rule 7.3(k). Further, although the instant #70 Motion acknowledges that Federal Rule of Civil Procedure 26(c) requires Plaintiffs to show good cause for any protective order, the instant #70 Motion offers no such showing, but instead sets out only a bald assertion that their proposed protective order is necessary and that a deposition transcript includes confidential information. Such an approach contravenes Local Rule 26.2(a), as well as pertinent case authority, including In re Wilson, 149 F.3d 249, 252 (4th Cir. 1998), Jones v. Circle K Stores, 185 F.R.D. 223, 224 (M.D.N.C. 1999), and Brittain v. Stroh Brewery Co., 136 F.R.D. 408, 412 (M.D.N.C. 1991). After #73 Response by Defendants pointed out the lack of any showing of good cause by Plaintiffs, Plaintiffs filed a redacted #78 Reply, along with a #79 Motion to Seal Reply and #80 Sealed Memorandum, but without a sealed, unredacted copy of #78 Reply, in contravention of Local Rule 5.4(a). Given the extensive redactions in #78 Reply and the absence of any unredacted version in the record, the Court cannot discern good cause sufficient to support the relief requested in the instant #70 Motion from #78 Reply. In any event, Plaintiffs cannot use a reply to supply information or arguments that they should have offered at the time of the filing of the instant #70 Motion. Tyndall v. Maynor, 288 F.R.D. 103, 108 (M.D.N.C. 2013). Issued by MAG/JUDGE L. PATRICK AULD on 08/12/2014. (AULD, L.) |
| TEXT ORDER denying #79 Motion for Leave to File Reply under Seal and striking #80 Memorandum. Plaintiffs failed to comply with Local Rule 5.4(a), which (in this context) requires the filing (as an attachment to a motion to seal) of a sealed, unredacted version of any document that a party wishes to file under seal. Nor did Plaintiffs have authority under the Local Rules or otherwise to file #80 Memorandum under seal. Issued by MAG/JUDGE L. PATRICK AULD on 08/12/2014. (AULD, L.) |
| Filing 82 ECF 30 Day Notice as to Attorney Mark J. Obermeyer. (Taylor, Abby) |
| TEXT ORDER finding as moot #75 Motion for Pro Hac Vice Admission and #76 Motion for Pro Hac Vice Admission, in light of Local Rule 83.1(d)(1). Issued by MAG/JUDGE L. PATRICK AULD on 07/31/2014. (AULD, L.) |
| TEXT ORDER denying #81 Motion to Amend/Correct Case Management Order by Plaintiffs (opposed by Defendants). The instant #81 Motion seeks an extension of the deadline for service of expert reports and of the discovery deadline. Under Local Rule 7.3(j), even as to motions that do not require the filing of a brief, a litigant must state good cause and must cite applicable authority. The instant #81 Motion does not cite any authority. That failure alone justifies denial of the instant #81 Motion. Further, the instant #81 Motion does not set out good cause for the requested relief as required by Local Rule 7.3(j), as well as Federal Rule of Civil Procedure 16(b)(4) and Local Rule 26.1(d) (as to the requested extension of the discovery deadline). The instant #81 Motion asserts that Plaintiffs require more time to prepare the expert reports, as well as to complete discovery, and that good cause exists, but the instant #81 Motion does not explain the bases for those assertions. The instant #81 Motion does state that Plaintiffs are dissatisfied with some of the discovery responses by Defendants, that Plaintiffs recently have served additional written discovery on Defendants, that Plaintiffs have taken five depositions, and that Plaintiffs plan to take more depositions; however, the instant #81 Motion does not explain why Plaintiffs could not complete the additional depositions by the current discovery deadline of 09/19/2014 and does not explain how why any allegedly insufficient or as-yet unserved discovery responses prevent Plaintiffs from complying with their expert report deadline of 08/04/2014. Finally, as to the expert report deadline, the Court notes that Plaintiffs did not consult with Defendants about any extension until 07/29/2014 and did not seek relief until 07/30/2014, i.e., three and two business days, respectively, before the deadline. Delaying to the last minute in that fashion is not indicative of the type of diligence that constitutes an important part of the requisite good cause showing. Issued by MAG/JUDGE L. PATRICK AULD on 07/31/2014. (AULD, L.) |
| Filing 81 MOTION to Amend/Correct Case Management Order by CARL E. CAREY, JR., PH.D.. Responses due by 8/25/2014 (DOLLEY, KEVIN) |
| Motions Submitted: #62 MOTION for Summary Judgment , #68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d) to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Motions Referred: re: #70 MOTION for Protective Order, #74 MOTION to Seal Document, #75 MOTION for Pro Hac Vice Admission, #76 MOTION for Pro Hac Vice Admission, #79 MOTION to Seal Plaintiffs' Reply To Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Emergency Protective Order, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 80 STRICKEN SEALED BRIEF IN SUPPORT #79 MOTION to Seal Plaintiffs' Reply To Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Emergency Protective Order by Plaintiff CARL E. CAREY, JR., PH.D. (DOLLEY, KEVIN) Modified on 8/12/2014 to add text, see 2nd Text Order entered on 08/12/2014 (Taylor, Abby). |
| Filing 79 MOTION to Seal Plaintiffs' Reply To Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Emergency Protective Order by CARL E. CAREY, JR., PH.D.. Responses due by 8/14/2014 (DOLLEY, KEVIN) |
| Filing 78 REPLY (Redacted) filed by Plaintiff CARL E. CAREY, JR., PH.D., to Response to #70 MOTION for Protective Order filed by CARL E. CAREY, JR., PH.D. (DOLLEY, KEVIN) |
| Filing 77 REPLY, filed by Plaintiff CARL E. CAREY, JR., PH.D., to Response to #68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d) filed by CARL E. CAREY, JR., PH.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(DOLLEY, KEVIN) |
| Filing 76 MOTION for Pro Hac Vice Admission of Mark J. Obermeyer by CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) |
| Filing 75 MOTION for Pro Hac Vice Admission of Jonathan Skrabacz by CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) |
| Filing 74 MOTION to Seal Document by IMPACT SPORTS FOOTBALL, LLC, MARVIN AUSTIN, MITCHELL FRANKEL, TONY FLEMING, CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 7/24/2014 (Attachments: STRICKEN # 1 Declaration of Peter R. Ginsberg in Opposition to Plaintiffs Motion for an Emergency Protective Order, STRICKEN# 2 Defendants Memorandum of Law in Opposition to Plaintiffs Motion for an Emergency Protective Order)(GINSBERG, PETER) Modified on 8/12/2014 to add text per 3rd Text Order entered 08/12/2014 and unseal document (Taylor, Abby). |
| Filing 73 RESPONSE in Opposition re #70 MOTION for Protective Order (REDACTED) filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Replies due by 7/24/2014. (Attachments: #1 Affidavit Declaration of Peter R. Ginsberg in Opposition to Plaintiffs Motion for an Emergency Protective Order (Exhibit Redacted))(GINSBERG, PETER) |
| Filing 72 RESPONSE in Opposition re #68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d), #69 Memorandum, filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Replies due by 7/17/2014. (Attachments: #1 Affidavit Ginsberg Declaration with Exhibit)(GINSBERG, PETER) |
| TEXT ORDER granting #71 Motion for Extension of Time. Defendants shall file any response to #68 Motion for Relief pursuant to Federal Rule of Civil Procedure 56(d) by 07/03/2014. Issued by MAG/JUDGE L. PATRICK AULD on 07/02/2014. (AULD, L.) |
| Motion Referred: re: #71 Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Relief Pursuant to Rule 56(d), to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 71 Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Relief Pursuant to Rule 56(d) by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Text of Proposed Order)(GINSBERG, PETER) |
| Filing 70 MOTION for Protective Order by CARL E. CAREY, JR., PH.D.. (Attachments: #1 Text of Proposed Order)(DOLLEY, KEVIN) |
| Telephonic Notice held on 6/13/2014 from attorney Andrew Erteschik, to notify the Court that defendants will file a response to #70 Motion for Protective Order. (Welch, Kelly) |
| Filing 69 MEMORANDUM filed by Plaintiffs CHAMPION PRO CONSULTING GROUP, INC. and CARL E. CAREY, JR., PH.D. re #68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d) filed by CHAMPION PRO CONSULTING GROUP, INC. and CARL E. CAREY, JR., PH.D. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(DOLLEY, KEVIN) |
| Filing 68 MOTION for Relief Pursuant to Federal Rule of Civil Procedure 56(d) by CHAMPION PRO CONSULTING GROUP, INC. and CARL E. CAREY, JR., PH.D. Responses due by 7/7/2014 (DOLLEY, KEVIN) |
| Filing 67 MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 6/6/2014, that Non-Parties Robert Quinn and Christina White's Motion to Quash and for a Protective Order (Docket Entry #58 ) is DENIED. (Butler, Carol) |
| Filing 66 Statement of Material Facts re #62 MOTION for Summary Judgment filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (GINSBERG, PETER) |
| Motion Referred: re: #58 MOTION to Quash Subpoena and for a Protective Order, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re #64 Statement of Material Facts. Certificate of Service missing from document. File a Certificate of Service for pleading #64 . (Taylor, Abby) |
| Filing 65 REPLY, filed by Movants ROBERT QUINN, CHRISTINA WHITE, to Response to #58 MOTION to Quash MOTION for Protective Order filed by ROBERT QUINN, CHRISTINA WHITE. (Attachments: #1 Affidavit Declaration of Peter R. Ginsberg)(GINSBERG, PETER) |
| Filing 64 Statement of Material Facts re #62 MOTION for Summary Judgment filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (GINSBERG, PETER) |
| Filing 63 MEMORANDUM filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC re #62 MOTION for Summary Judgment filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Affidavit of Robert Quinn, #2 Affidavit of Tony Fleming, #3 Affidavit of Peter R. Ginsberg)(GINSBERG, PETER) |
| Filing 62 MOTION for Summary Judgment by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. Responses due by 6/23/2014 (GINSBERG, PETER) |
| Filing 61 RESPONSE in Opposition re #58 MOTION to Quash MOTION for Protective Order filed by CHAMPION PRO CONSULTING GROUP, INC.. Replies due by 6/2/2014. (DOLLEY, KEVIN) |
| Filing 60 NOTICE of Change of Address by KEVIN J. DOLLEY (DOLLEY, KEVIN) |
| Filing 59 MEMORANDUM filed by ROBERT QUINN, CHRISTINA WHITE re #58 MOTION to Quash MOTION for Protective Order filed by ROBERT QUINN, CHRISTINA WHITE. (Attachments: #1 Declaration of Peter R. Ginsberg, #2 Text of Proposed Order)(GINSBERG, PETER) |
| Filing 58 MOTION to Quash ( Responses due by 5/23/2014), MOTION for Protective Order by ROBERT QUINN, CHRISTINA WHITE. (GINSBERG, PETER) |
| Filing 57 NOTICE of Appearance by attorney PETER R. GINSBERG on behalf of Select Role Types ROBERT QUINN, CHRISTINA WHITE (GINSBERG, PETER) |
| TEXT ORDER granting #54 Unopposed Motion to Amend/Correct Discovery Plan. Reports from retained experts under Rule 26(a)(2) are due from Plaintiffs by 08/04/2014 and from Defendants by 09/04/2014. Supplementations under Rule 26(e) are due by 09/19/2014. Issued by MAG/JUDGE L. PATRICK AULD on 04/20/2014. (AULD, L.) |
| TEXT ORDER granting #55 Motion for Leave to Withdraw. Attorney MARK A. KOUPAL is terminated as counsel of record for Plaintiffs. Issued by MAG/JUDGE L. PATRICK AULD on 04/20/2014. (AULD, L.) |
| Motions Referred: re: #55 MOTION to Withdraw as Attorney MARK A. KOUPAL, #54 Consent MOTION to Amend/Correct Discovery Plan to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 56 MEMORANDUM OF FILING by Plaintiff CARL E. CAREY, JR., PH.D.. (DOLLEY, KEVIN) |
| Filing 55 MOTION to Withdraw as Attorney MARK A. KOUPAL by on behalf of CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (KOUPAL, MARK) |
| Filing 54 Consent MOTION to Amend/Correct Discovery Plan by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (DOLLEY, KEVIN) |
| Filing 53 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. ROBERT FLYNN ORR is substituted as counsel for Defendants. Attorney ROBERT FLYNN ORR terminated. (ORR, ROBERT) |
| Filing 52 NOTICE of Hearing: Master Trial Calendar: OCTOBER Jury Trial set for 10/5/2015 09:30 AM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. Trial Briefs etc. due 9/15/2015. (Welch, Kelly) |
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Filing 51
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/22/2014, that the motion to withdraw (Doc. #50 ) is GRANTED and that attorney William Holmes Lilley, III, is removed as attorney of record for Plaintiffs in this matter. (Taylor, Abby)
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| Motion Submitted: #50 MOTION to Withdraw as Attorney - William Holmes Lilley, III to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 50 First MOTION to Withdraw as Attorney KAREN MCKEITHEN SCHAEDE William Holmes Lilley, III by on behalf of CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (SCHAEDE, KAREN) |
| Filing 49 NOTICE by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC Notice of Appearance and Substitution of Counsel (from Lead Counsel to Local Civil Rule 83.1 local counsel for Defendants) (ERTESCHIK, ANDREW) |
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Filing 48
ORDER Appointing RICHARD T. BOYETTE as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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| Filing 47 NOTICE of Appearance by attorney PETER R. GINSBERG on behalf of Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC (GINSBERG, PETER) |
| Filing 46 NOTICE by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) |
| TEXT ORDER adopting #45 RULE 26F (JOINT) REPORT. Issued by MAG/JUDGE L. PATRICK AULD on 11/25/2013. (AULD, L.) |
| MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 12/19/2013. Mediation due by 3/28/2014. (Gammon, Cheryl) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Gammon, Cheryl) |
| Set Scheduling Order Deadlines: Plaintiffs' Amended Pleadings due by 2/7/2014. Defendants' Amended Pleadings due by 2/7/2014. Discovery due by 9/19/2014. Joinder of Parties for Plaintiffs due by 2/7/2014. Joinder of Parties for Defendant due by 2/7/2014. Discovery shall be placed on a case-management track designated in LR26.1(a) as complex. Parties do not agree to a magistrate judge. Trial is expected to take 5 days. A jury trial has been demanded. (Taylor, Abby) |
| Motions Referred: RE: #45 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Filing 45 Rule 26(f) Report (Joint) filed by all parties by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC.(ERTESCHIK, ANDREW) |
| Filing 44 ANSWER to Amended Complaint by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (ERTESCHIK, ANDREW) |
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ORDER granting #43 Motion for Extension of Time to Answer Amended Complaint for MARVIN AUSTIN; TONY FLEMING; MITCHELL FRANKEL; and IMPACT SPORTS FOOTBALL, LLC. Answer due by 10/28/2013. Nothing herein shall become the basis for extending any other previously established deadline. Signed by John Brubaker, Clerk of Court, on 10/15/2013. (Brubaker, John)
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| Filing 43 Consent MOTION for Extension of Time to Answer Amended Complaint by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC. (Attachments: #1 Text of Proposed Order)(ERTESCHIK, ANDREW) Modified on 10/11/2013 (Brubaker, John). |
| Filing 42 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 11/25/2013 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
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Filing 41
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 9/30/2013. For the reasons set forth herein, Defendants' Motion to Dismiss the Amended Complaint (Doc. #31 ) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to Plaintiffs' slander per se, tortious interference with contract, and unjust enrichment claims. The motion is DENIED as to Plaintiffs' unfair methods of competition and civil conspiracy claims.(Daniel, J)
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Filing 40
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 09/30/2013, that Plaintiffs' motion to strike (Doc. #33 ) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to Exhibit D and that exhibit will be struck; Exhibit C will be limited as described herein. Furthermore, the motion to dismiss will not be converted to a motion for summary judgment. The motion is otherwise DENIED. (Taylor, Abby)
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| Filing 39 STIPULATION of Dismissal of Defendants Robert Quinn and Christina White with prejudice by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (ORR, ROBERT) |
| Filing 38 REPLY, filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC., to Response to #33 MOTION to Strike #32 Memorandum, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) |
| Motions Submitted: #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #33 MOTION to Strike #32 Memorandum, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) |
| Filing 37 REPLY, filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE, to Response to #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. (Attachments: #1 Sun Chemicals Trading Corp. v. CBP Resources, Inc., 2004 U.S. Dist. LEXIS 15460 (M.D.N.C. June 3, 2004))(ERTESCHIK, ANDREW) |
| Filing 36 RESPONSE in Opposition re #33 MOTION to Strike #32 Memorandum,,, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. Replies due by 1/7/2013. (Attachments: #1 Sun Chemicals Trading Corp. v. CBP Resources, Inc., 2004 U.S. Dist. LEXIS 15460 (M.D.N.C. June 3, 2004), #2 Investor Relations Services, Inc. v. Michele Audio Corp. of America, Inc., 2006 U.S. Dist. LEXIS 65948 (M.D.N.C. July 19, 2006), #3 White v. Greensboro Police Department, 2012 U.S. Dist. LEXIS 138385 (M.D.N.C. May 31, 2012))(ERTESCHIK, ANDREW) |
| Filing 35 MEMORANDUM re #33 MOTION to Strike #32 Memorandum,,, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (SCHAEDE, KAREN) |
| Filing 34 RESPONSE filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MARVIN AUSTIN, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE, TONY FLEMING filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. Replies due by 12/31/2012. (SCHAEDE, KAREN) |
| Filing 33 MOTION to Strike #32 Memorandum, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 1/5/2013 (Attachments: #1 Exhibit Memorandum in Support of Motion to Strike)(SCHAEDE, KAREN) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re #33 MOTION to Strike #32 Memorandum, #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Memorandum filed in error as an exhibit to Motion to Strike. File a separate Memorandum in support of Motion to Strike, include a Certificate of Service. (Taylor, Abby) |
| Filing 32 MEMORANDUM filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE re #31 MOTION TO DISMISS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. (Attachments: #1 Exhibit A Arbitrators Opinion and Award, #2 Exhibit B Plaintiffs Amended Complaint, #3 Exhibit C July 28, 2011 Quinn-Fleming SRA, #4 ***STRICKEN***Exhibit D Carey v. Quinn Hearing Transcript, #5 Sun Chems. Trading Corp. v. CBP Res., Inc., 2004 U.S. Dist. LEXIS 15460 (M.D.N.C. June 3, 2004), #6 Investor Rels. Servs. v. Michele Audio Corp. of Am., 2006 U.S. Dist. LEXIS 65948 (M.D.N.C. July 19, 2006))(ERTESCHIK, ANDREW) Modified on 9/30/2013 to strike Exhibit D from memorandum, see pleading no. #40 Order. (Taylor, Abby). |
| Filing 31 MOTION TO DISMISS AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. Responses due by 12/13/2012 (ERTESCHIK, ANDREW) |
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Filing 30
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 11/02/2012, that Plaintiffs' Motion for Leave to File First Amended Complaint (Doc. #15 ) is GRANTED and Plaintiffs' proposed First Amended Complaint (Doc. #17 ) shall be construed as filed as of the date of this Order for purposes of determining when an answer or other response shall be due. FURTHER that Defendants' Motion to Dismiss the Complaint (Doc. #13 ) is DENIED WITHOUT PREJUDICE as MOOT. This Order is entered without prejudice to Defendants' right to file a response raising any and all defenses they believe appropriate under the applicable rules of procedure whether previously raised or not. (Taylor, Abby)
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Filing 29
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 09/17/2012, that Exhibit 1 (Doc. #25 ) to Plaintiffs' Response to Defendants' Motion in Opposition to Plaintiffs'Motion for Leave to Amend (Doc. #24 ) is no longer under Seal and that Plaintiffs' motion to seal (Doc. #26 ) is DENIED AS MOOT. (Taylor, Abby)
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| Filing 28 Supplemental Brief re #27 Order, by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) Modified on 8/15/2012 to correct text in title(Taylor, Abby). |
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Filing 27
ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 08/01/2012, that Plaintiffs are hereby given two (2) weeks to file this supplemental brief, during which time the exhibit (Doc. #25 ) will remain under seal. re #26 MOTION to Seal Document #25 SEALED Exhibits. (Taylor, Abby)
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| Motions No Longer Submitted #26 MOTION to Seal Document #25 SEALED Exhibits, Exhibit 1 to WILLIAM L. OSTEEN JR. (Taylor, Abby) |
| Motions Submitted: #26 MOTION to Seal Document #25 SEALED Exhibits, Exhibit 1, #15 First MOTION for Leave to File First Amended Complaint to JUDGE WILLIAM L. OSTEEN JR.- (Powell, Gloria) |
| Filing 26 MOTION to Seal Document #25 SEALED Exhibits, Exhibit 1 by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 6/11/2012 (SCHAEDE, KAREN) |
| Filing 25 EXHIBIT 1 to #24 Reply to Response by Plaintiffs CHAMPION PRO CONSULTING GROUP, INC., CARL E. CAREY, JR., PH.D., Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, ROBERT QUINN, CHRISTINA WHITE. (SCHAEDE, KAREN) Modified on 9/17/2012 to unseal document, see pleading no. #29 Order (Taylor, Abby). |
| Filing 24 REPLY to Defendants' Response in Opposition to Plaintiffs' Motion for Leave to Amend filed by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. re #23 Response in Opposition to Motion,, filed by MARVIN AUSTIN, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE, TONY FLEMING filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(SCHAEDE, KAREN) Modified on 5/18/2012 to change title of document(Taylor, Abby). |
| Filing 23 RESPONSE in Opposition re #15 First MOTION for Leave to File First Amended Complaint filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. Replies due by 5/17/2012. (Attachments: #1 Exhibit A - Texas Complaint (Champion Pro v. Impact (4:11-cv-2723)), #2 Exhibit B - Texas Docket (Champion Pro v. Impact (4:11-cv-2723)), #3 Exhibit C - Texas Aug. 3, 2011 Order (Chamption Pro v. Impact (4:11-cv-2723)), #4 Exhibit D - Missouri Complaint (Carey v. Quinn), #5 Exhibit E - NFLPA Arbitration Claim, #6 Exhibit F - Redline Amended Complaint to Original Complaint, #7 Exhibit G - Quinn-Flemming SRA)(ERTESCHIK, ANDREW) |
| Filing 22 NOTICE of Appearance by attorney W. HOLMES LILLEY, III on behalf of Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (LILLEY, W.) |
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Filing 21
ORDER signed by MAG/JUDGE L. PATRICK AULD on 04/16/2012. IT IS THEREFORE ORDERED that Plaintiff's Consent Motion for Extension of Time to File Response to Defendants' Motion to Dismiss (Docket Entry #20 ) is GRANTED and that Plaintiffs shall have an additional fourteen (14) days, after the date the Court rules on Plaintiff's Motion for Leave to File First Amended Complaint, in which to file a Response to Defendants Motion to Dismiss. (Taylor, Abby)
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| Motion Referred: #20 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss the Complaint to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 20 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss the Complaint by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Text of Proposed Order)(SCHAEDE, KAREN) |
| Filing 19 WITHDRAWAL of Motion by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. re #18 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss filed by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) |
| Filing 18 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (Attachments: #1 Text of Proposed Order SCHAEDE, KAREN) |
| Filing 17 First Amended Complaint filed by plaintiffs. (SCHAEDE, KAREN) (Entered: 10/15/2013) |
| Filing 16 MEMORANDUM re #15 First MOTION for Leave to File First Amended Complaint by Plaintiffs CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (SCHAEDE, KAREN) |
| Filing 15 First MOTION for Leave to File First Amended Complaint by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. Responses due by 4/30/2012 (SCHAEDE, KAREN) |
| Filing 14 MEMORANDUM filed by Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE re #13 MOTION to Dismiss filed by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. (Attachments: #1 Exhibit A - December 4, 2010 SRA, and copy of Standard NFLPA SRA, #2 Exhibit B - NFLPA Regulation Section 3B(30)(a))(ERTESCHIK, ANDREW) |
| Filing 13 MOTION to Dismiss by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, CHRISTINA WHITE. Responses due by 4/6/2012 (ERTESCHIK, ANDREW) |
| Filing 12 STIPULATION of Dismissal of Party Robert Quinn by CARL E. CAREY, JR., PH.D., CHAMPION PRO CONSULTING GROUP, INC.. (SCHAEDE, KAREN) |
| Case Reassigned to MAG/JUDGE L. PATRICK AULD. MAG/JUDGE P. TREVOR SHARP no longer assigned to the case. (Williamson, Wanda) |
| Filing 11 NOTICE of Appearance by attorney ROBERT FLYNN ORR on behalf of Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, ROBERT QUINN, CHRISTINA WHITE (ORR, ROBERT) |
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ORDER granting #10 Motion for Extension of Time to Answer for All Defendants. Answer due by 3/2/2012.Signed by Scott Crampton, Chief Deputy Clerk, on behalf of John Brubaker, Clerk of Court, on 2/1/12. (Crampton, Scott)
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| Filing 10 Consent MOTION for Extension of Time to File Answer by MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, ROBERT QUINN, CHRISTINA WHITE. (Attachments: #1 Text of Proposed Order for Extension of Time)(ERTESCHIK, ANDREW) |
| Filing 9 INITIAL DISCLOSURES by IMPACT SPORTS FOOTBALL, LLC.(ERTESCHIK, ANDREW) |
| Filing 8 NOTICE of Appearance by attorney ANDREW H. ERTESCHIK on behalf of Defendants MARVIN AUSTIN, TONY FLEMING, MITCHELL FRANKEL, IMPACT SPORTS FOOTBALL, LLC, ROBERT QUINN, CHRISTINA WHITE (ERTESCHIK, ANDREW) |
| Filing 7 NOTICE of Appearance by attorney MARK A. KOUPAL on behalf of Plaintiff CARL E. CAREY, JR., PH.D. (KOUPAL, MARK) |
| Filing 6 NOTICE of Appearance by attorney KEVIN J. DOLLEY on behalf of Plaintiff CARL E. CAREY, JR., PH.D. (DOLLEY, KEVIN) |
| Filing 5 Corporate Disclosure Statement by CHAMPION PRO CONSULTING GROUP, INC.. (SCHAEDE, KAREN) |
| NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re #2 Corporate Disclosure Statement - 7.1(a). Document is not signed by filing attorney. New document must be filed with electronic signature of filing attorney.(Contreras, Jamie) |
| Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie) |
| Filing 3 Summons Issued as to IMPACT SPORTS FOOTBALL, LLC, MITCHELL FRANKEL, TONY FLEMING, ROBERT QUINN, CHRISTINA WHITE, MARVIN AUSTIN. (Attachments: #1 Additional Summons - Mitchell Frankel, #2 Additional Summons - Tony Fleming, #3 Additional Summons - Robert Quinn, #4 Additional Summons - Christina White, #5 Additional Summons - Marvin Austin) (Sheets, Jamie) |
| Case Assigned to JUDGE WILLIAM L. OSTEEN JR. and MAG/JUDGE P. TREVOR SHARP. (Sheets, Jamie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff CHAMPION PRO CONSULTING GROUP, INC. (SCHAEDE, KAREN) Modified on 1/9/2012 to reflect correct party filing. (Sheets, Jamie)Document removed from public view. Document is deficient. Deficiency has been done. Modified on 1/11/2012 (Contreras, Jamie). |
| Filing 1 COMPLAINT against IMPACT SPORTS FOOTBALL, LLC, MITCHELL FRANKEL, TONY FLEMING, ROBERT QUINN CHRISTINA WHITE, MARVIN AUSTIN (Filing fee $ 350 receipt number 0418-1043423), filed by CHAMPION PRO CONSULTING GROUP, INC., CARL E. CAREY, JR. (Attachments: #1 Civil Cover Sheet) (SCHAEDE, KAREN) Modified on 1/9/2012 to remove duplicate text. (Sheets, Jamie) |
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