KRAKAUER v. DISH NETWORK L.L.C.
| THOMAS H. KRAKAUER |
| DISH NETWORK L.L.C. |
| KURTZMAN CARSON CONSULTANTS LLC |
| RICHARD D. CONNER |
| 1:2014cv00333 |
| April 18, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Durham |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Cable/Satellite TV |
| 47 U.S.C. § 0227 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 512
USCA ORDER. Upon consideration of submissions relative to the motion to stay mandate, the court denies the motion. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
Filing 511
USCA STAY OF MANDATE UNDER FED. R. APP. P. 41(d)(1). The timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. USCA Case #18-1518. (Daniel, J)
|
|
Filing 510
USCA JUDGMENT as to #456 Notice of Appeal filed by DISH NETWORK L.L.C. 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. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
Filing 509
USCA OPINION affirmed by published opinion. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
Filing 508
SEALED UNREDACTED DOCUMENTS Exhibits 2-4 to Document 507 (Plaintiff's Memorandum in Opposition to Dish's Partial Objections to the Special Master's Report) filed by Plaintiff THOMAS H. KRAKAUER re #507 Corrected Document. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(BARRETT, JOHN)
|
|
Filing 507
Corrected document re #499 Objection - Other,, #503 Response,. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted), #3 Exhibit 3 (redacted), #4 Exhibit 4 (redacted), #5 Exhibit 5)(BARRETT, JOHN)
|
|
Filing 506
SEALED DOCUMENT re #505 Response, Exhibits A and B to E. Echtman Decl. (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit B)(ECHTMAN, ELYSE)
|
|
Filing 505
RESPONSE by Defendant DISH NETWORK L.L.C. re #498 Brief (Brief in Opposition to Plaintiff's Objections to the Special Master's Report). (Attachments: #1 Affidavit E. Echtman Declaration, #2 Exhibit A (redacted), #3 Exhibit B (redacted))(ECHTMAN, ELYSE)
|
|
Filing 504
SEALED UNREDACTED DOCUMENTS Exhibits 2-4 to Document 503 filed by Plaintiff THOMAS H. KRAKAUER re #503 Response,. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(BARRETT, JOHN)
|
|
Filing 503
RESPONSE re #499 Objection - Other,, Plaintiff's Memorandum in Opposition to Dish's Partial Objections to the Special Master's Report filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted), #3 Exhibit 3 (redacted), #4 Exhibit 4 (redacted), #5 Exhibit 5)(BARRETT, JOHN)
|
|
CASE REFERRED RE: #441 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 502
BRIEF re #499 Objection - Other,, Defendant DISH Network L.L.C.'s Corrected Partial Objections to the Special Master's Report. (ECHTMAN, ELYSE)
|
|
Filing 501
SEALED DOCUMENT re #499 Objection - Other, Exhibits A-F to the Echtman Decl. (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C. (Attachments: #1 Exhibit B to Echtman Decl., #2 Exhibit C to Echtman Decl., #3 Exhibit D. to Echtman Decl., #4 Exhibit E to Echtman Decl., #5 Exhibit F to Echtman Decl.) (ECHTMAN, ELYSE)
|
|
Filing 500
SEALED DOCUMENT re #499 Objection - Other,, Exhibit A to Proposed Disbursement Order (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C.. (ECHTMAN, ELYSE)
|
|
Filing 499
OBJECTION - Other re #494 Report by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. A to Proposed Order (redacted), #3 Affidavit E. Echtman Declaration, #4 Exhibit Ex. A to Echtman Decl. (redacted), #5 Exhibit Ex. B to Echtman Decl. (redacted), #6 Exhibit Ex. C to Echtman Decl. (redacted), #7 Exhibit Ex. D. to Echtman Decl. (redacted), #8 Exhibit Ex. E to Echtman Decl. (redacted), #9 Exhibit Ex. F to Echtman Decl. (redacted), #10 Exhibit Ex. G to Echtman Decl.)(ECHTMAN, ELYSE)
|
|
Filing 498
BRIEF re #494 Report Plaintiff's Brief in Support of His Objections to the Special Master's Final Report. (Attachments: #1 Exhibit A - Plaintiff's Proposed Disbursement Order)(BARRETT, JOHN)
|
|
Filing 497
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/17/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $10,454.50 directly to Richard Conner and Dr. Krakauer shall pay $4480.50 directly to Richard Conner. (Sheets, Jamie)
|
|
Filing 496
BILL OF COSTS Special Master's Fee Invoice for November 2018 by Special Master RICHARD D. CONNER. Objection to Bill of Costs due by 12/21/2018. (CONNER, RICHARD)
|
|
Filing 495
MEMORANDUM OPINION AND ORDER, signed by JUDGE CATHERINE C. EAGLES on 12/3/2018 that; Class counsel's motion for attorney's fees, expenses, and a class representative award, Doc. #460 , is GRANTED in part and DENIED in part. The Court awards Class Counsel an attorney's fee of $20,447,600, to be paid from the final judgment awarded to the class. The Court awards Class Counsel expenses of $481,317.73, which are to be paid from the final judgment awarded to the class. The Court denies the plaintiffs' motion to the extent it seeks a class representative award for Dr. Krakauer. (Sheets, Jamie)
|
|
Filing 494
REPORT Special Master's Final Report by Special Master RICHARD D. CONNER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(CONNER, RICHARD)
|
|
Filing 493
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/26/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $9488.50 directly to Richard Conner and Dr. Krakauer shall pay $4066.50 directly to Richard Conner. (Sheets, Jamie)
|
|
Filing 492
BILL OF COSTS Special Master's Fee Invoice for September and October 2018 by Special Master RICHARD D. CONNER. Objection to Bill of Costs due by 11/27/2018. (CONNER, RICHARD)
|
|
Filing 491
USCA ORDER. The court grants the motion to withdraw from further representation on appeal as to attorney Ryan McCune Donovan. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
Filing 490
USCA ORDER. The court grants the motion to withdraw from further representation on appeal as to attorney Tillman J. Breckenridge. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/25/18: At the request of the Special Master for an extension of time to issue his recommended findings pursuant to #441 and with the consent of counsel for the parties, the deadline is hereby extended to November 30, 2018. (Sanders, Marlene)
|
|
Filing 489
REDACTION to #470 Declaration Amended #470-4 (Exhibit D) by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 488
REDACTION to #470 Declaration Amended #470-3 (Exhibit C) by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 487
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 10/15/2018; that Louise Irving is withdrawn as counsel of record in the above-captioned action. (Sheets, Jamie)
|
|
Motions Submitted: #486 MOTION to Withdraw as Attorney LOUISA S. IRVING to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 486
MOTION to Withdraw as Attorney LOUISA S. IRVING by on behalf of DISH NETWORK L.L.C.. Responses due by 11/1/2018 (Attachments: #1 Text of Proposed Order)(IRVING, LOUISA)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/10/18: For the reasons stated in the Court's previous orders on motions to seal, #245 and #408 , the motion to seal, #471 , will be GRANTED in part and DENIED in part as follows: Class Member names shall not be redacted and shall be made public. Class Member street addresses and telephone numbers shall remain sealed consistent with how they are currently redacted. Plaintiffs counsel is directed to submit revised redacted versions of Exhibits B and C to the Declaration of Julie Swanson [Doc. #470 -3 and Doc. #470 -4] consistent with this Order within fourteen (14) days. As stated in the Court's prior Order, #408 , the Court further concludes that there is no reason to require the parties to file motions to seal the phone numbers and other identifying information in any future filings, as the Court has ruled numerous times that this information is subject to sealing in order to protect class members' privacy and to prevent their harassment. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/14/18. At the joint request of counsel in order to deal with pre-existing scheduling conflicts, the Court modifies the meet and confer schedule as follows: Telephonic meet and confer on Tuesday, 9/18/18 at 9:30 a.m.; In person meet and confer, if necessary, on Thursday, 9/20/18 at noon. (Sanders, Marlene)
|
|
Filing 485
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/12/2018; that the plaintiff's motion to overrule and strike Dish's objections, Doc. #478 , is GRANTED in part and DENIED in part as set out herein. (Sheets, Jamie)
|
|
Reset Hearings: Status Conference and Motion Hearing scheduled for 9/14/18 at 2:00 p.m. cancelled. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/12/18. The parties are advised that no telephone conference will be needed on 9/14/18, written order forthcoming. (Sanders, Marlene)
|
|
Motions Submitted: #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 483
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
|
|
TEXT ORDER In view of the hurricane forecast, the Court will cancel the hearing on Friday, September 14, 2018. Counsel should remain available that afternoon in case the Court determines that a telephone hearing will suffice. Signed by JUDGE CATHERINE C. EAGLES on September 10, 2018. (EAGLES, CATHERINE)
|
|
Filing 482
NOTICE of Hearing: Status Conference and Motion Hearing set for 9/14/2018 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES.(Sanders, Marlene)
|
|
Filing 481
SEALED UNREDACTED DOCUMENTS (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #480 BRIEF re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G [REDACTED], # 8 Exhibit H)(BICKS, PETER). (BICKS, PETER)
|
|
Filing 480
BRIEF in Opposition re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. Reply due 9/10/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G [REDACTED], #8 Exhibit H) (BICKS, PETER) Modified on 9/4/2018 to add deadline. (Sheets, Jamie)
|
|
Reset Motion Deadlines re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations: Responses due by 9/3/2018. Replies due by 9/10/2018. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations. The time for responding is shortened: Response due 9/3/18, with any Reply due 9/10/18. (Sanders, Marlene)
|
|
Filing 479
SEALED UNREDACTED DOCUMENTS Exhibit 1 to Document 478 filed by Defendant DISH NETWORK L.L.C. re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by THOMAS H. KRAKAUER. Response to Motion due by 9/10/2018 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 478
MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by THOMAS H. KRAKAUER. Response to Motion due by 9/10/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
|
|
Motions Submitted: #471 MOTION to Seal and #460 MOTION for Attorney Fees and Nontaxable Costs to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 477
RESPONSE Class Counsel's Response to Objections to Request for Attorney Fees and Nontaxable Costs filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 476
SEALED EXHIBITS re #475 Notice (Other) Exhibit A - Plaintiff's Final List by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
|
|
Filing 475
NOTICE by THOMAS H. KRAKAUER Plaintiff's Notice of Filing of Final List (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 474
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/26/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $343 directly to Richard Conner and Dr. Krakauer shall pay $147 directly to Richard Conner. (Sheets, Jamie)
|
|
Filing 473
SEALED UNREDACTED DOCUMENTS Exhibit D filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #470 DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 472
SEALED UNREDACTED DOCUMENTS Exhibit C filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #470 DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 471
MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 7/16/2018 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 470
DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(BARRETT, JOHN)
|
|
Filing 469
STATEMENT Special Master's Fee Invoice for May 2018 by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
|
|
Filing 468
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/8/2018. Upon consideration, the Court directs the plaintiff to file and submit the Final List with only names, addresses, telephone numbers (redacted in the public version, as previously ordered), and number of telephone calls. (Daniel, J)
|
|
Filing 467
ORDER signed by JUDGE CATHERINE C. EAGLES on 6/6/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $2,058 directly to Richard Conner and Dr. Krakauer shall pay $882 directly to Richard Conner. (Sheets, Jamie)
|
|
Filing 466
STATEMENT Special Master's Fee Invoice for April 2018 by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
|
|
Filing 465
Transcript of Proceedings held on 6-30-15, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/17/2018. (Calhoun, J.)
|
|
Filing 464
ORDER signed by JUDGE CATHERINE C. EAGLES on 5/10/2018 granting #463 Motion to Approve, as set out herein. (Sheets, Jamie)
|
|
Motions Submitted: #463 MOTION to Approve Forms of Class Notice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 463
MOTION to Approve Forms of Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
|
|
Filing 462
NOTICE of Docketing Record on Appeal from USCA re #456 Notice of Appeal filed by DISH NETWORK L.L.C. USCA Case Manger: T. Fischer. USCA Case Number 18-1518. (Sheets, Jamie)
|
|
Filing 461
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #460 MOTION for Attorney Fees and Nontaxable Costs filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(BARRETT, JOHN)
|
|
Filing 460
MOTION for Attorney Fees and Nontaxable Costs by THOMAS H. KRAKAUER. Response to Motion due by 5/29/2018 (BARRETT, JOHN)
|
|
Filing 459
Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #456 Notice of Appeal. (Sheets, Jamie)
|
|
Filing 458
ORDER signed by JUDGE CATHERINE C. EAGLES on 5/7/2018; that DISH Network's motion for leave to rely upon additional LexisNexis data, Doc. #450 , is DENIED. (Sheets, Jamie)
|
|
Filing 457
ORDER signed by JUDGE CATHERINE C. EAGLES on 5/7/2018; The Court approves the supersedeas bond proffered by Liberty Mutual Insurance Company in the amount of $63,000,000. Upon DISH's submission of the bond with the Clerk of Court and filing of a notice of appeal, the Court stays execution of the April 5 judgment, pursuant to Federal Rule of Civil Procedure 62( d), pending appeal from the judgment. (Sheets, Jamie)
|
|
Filing 456
NOTICE OF APPEAL by DISH NETWORK L.L.C.. Filing fee $ 505, receipt number 0418-2345123. (BICKS, PETER)
|
|
Filing 455
SEALED UNREDACTED DOCUMENTS (sealed pursuant to Dkt #408) filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #454 REPORT Agreed Final List and Request for Disbursement by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A (Agreed Final List), # 2 Text of Proposed Order Disbursement Order)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 454
REPORT Agreed Final List and Request for Disbursement by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A (Agreed Final List), #2 Text of Proposed Order Disbursement Order)(BARRETT, JOHN)
|
|
Filing 453
SUPERSEDEAS BOND in the amount of $ 63,000,000.00 posted by DISH NETWORK L.L.C. (A written order will issue next week.) (Powell, Gloria)
|
|
Motions Submitted: #452 MOTION to Expedite Approval of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES regarding #450 Motion for Leave to Rely Upon Additional LexisNexis Data. The motion is DENIED. Written order to follow as time permits. (Marsh, Keah)
|
|
Filing 452
MOTION to Expedite Approval of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order )(BICKS, PETER)
|
|
Filing 451
SEALED UNREDACTED DOCUMENTS (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #450 MOTION for Leave to Rely Upon Additional LexisNexis Data by DISH NETWORK L.L.C.. Response to Motion due by 5/21/2018 (Attachments: #1 Exhibit A REDACTED, #2 Exhibit B Part I REDACTED, #3 Exhibit B Part II REDACTED, # 4 Exhibit C Proposed Form of Order)(BICKS, PETER). (Attachments: #1 Exhibit A - UNREDACTED, #2 Exhibit B Part I - UNREDACTED, #3 Exhibit B Part II - UNREDACTED)(BICKS, PETER)
|
|
Filing 450
MOTION for Leave to Rely Upon Additional LexisNexis Data by DISH NETWORK L.L.C.. Response to Motion due by 5/21/2018 (Attachments: #1 Exhibit A REDACTED, #2 Exhibit B Part I REDACTED, #3 Exhibit B Part II REDACTED, #4 Exhibit C Proposed Form of Order)(BICKS, PETER)
|
|
Filing 449
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/18/2018 as set out herein. (Sheets, Jamie)
|
|
Filing 448
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/17/2018; that Richard Conner is appointed as a Special Master as set out herein. (Sheets, Jamie)
|
|
Filing 447
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/16/2018; that the Motion to Withdraw [Doc. #445 ] is GRANTED, and Allegra A. Noonan is withdrawn as a counsel for DISH in the above-captioned action. (Sheets, Jamie)
|
|
Motions Referred: RE: #445 MOTION to Withdraw as Attorney ALLEGRA A. NOONAN , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 446
JOINT STIPULATION STAYING EXECUTION OF JUDGMENT UNTIL EXPIRATION OF TIME TO FILE NOTICE OF APPEAL filed by all parties.. (BICKS, PETER)
|
|
Filing 445
MOTION to Withdraw as Attorney ALLEGRA A. NOONAN by on behalf of DISH NETWORK L.L.C.. Responses due by 5/4/2018 (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Appearance of Counsel)(NOONAN, ALLEGRA)
|
|
Filing 444
ORDER signed by JUDGE CATHERINE C. EAGLES on 04/12/2018, that the plaintiff's motion to seal, Doc. #420 , is GRANTED. The Clerk shall maintain the copies at Doc. #419 and Doc. #416 under seal. (Taylor, Abby)
|
|
Filing 443
AFFIDAVIT Tendered Pursuant to Fed. R. Civ. P. 53 filed by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
|
|
Filing 442
REPORT Joint Recommendation of Special Master by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 441
ORDER ON CLAIMS PROCEDURES signed by JUDGE CATHERINE C. EAGLES on 4/5/2018 as set out herein. (Sheets, Jamie)
|
|
Filing 440
SEALED EXHIBIT 2 (LIST OF 18,066 CLASS PHONE NUMBERS) as to #439 Judgment. (Sheets, Jamie)
|
|
Filing 439
FINAL JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 4/5/2018 as set out herein. (Sheets, Jamie)
|
|
Filing 438
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/5/2018; the Court will enter judgment for the plaintiff class against Dish in the amount of $61,342,800 and will enter a claims process management order. In order to prevent harassment of class members via telephone calls, the Court will seal the class list of telephone numbers, as it has been doing for some time. See, e.g., Doc. #408 . All disbursement orders will make public the names of class members entitled to distributions. (Sheets, Jamie)
|
|
Filing 437
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/5/2018; The motion to reconsider, Doc. #422 , is GRANTED IN PART AND DENIED IN PART, to the extent stated herein. The February Lists filed at Docs. #409 , #410 , #411 , and #412 are STRICKEN from the record. The parties shall meet and confer in order to prepare a proposed Final List that complies with the Court's January 2018 Order, Doc. #407 , and this Order. To the extent a dispute remains, the parties shall submit the matter to a Special Master, pursuant to a procedure established in a separate Claims Procedure Order. (Sheets, Jamie)
|
|
Filing 436
DECLARATION of Elyse D. Echtman filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Declaration of Elyse D. Echtman [REDACTED], #2 Exhibit B - Declaration of Elyse D. Echtman [REDACTED], #3 Exhibit C - Declaration of Elyse D. Echtman [REDACTED], #4 Exhibit D - Declaration of Elyse D. Echtman [REDACTED], #5 Exhibit E - Declaration of Elyse D. Echtman [REDACTED], #6 Exhibit F - Declaration of Elyse D. Echtman [REDACTED], #7 Exhibit G - Declaration of Elyse D. Echtman [REDACTED], #8 Exhibit H - Declaration of Elyse D. Echtman [REDACTED], #9 Exhibit I - Declaration of Elyse D. Echtman [REDACTED], #10 Exhibit J - Declaration of Elyse D. Echtman [REDACTED])(ECHTMAN, ELYSE)
|
|
Motions Submitted: #422 MOTION for Reconsideration re #407 Order on Motion for Judgment to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 435
SEALED EXHIBITS re 434 Declaration,,, Sealed Unredacted Exhibit A - Declaration of Elyse D. Echtman by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Sealed Unredacted Exhibit B - Declaration of Elyse D. Echtman, #2 Sealed Unredacted Exhibit C - Declaration of Elyse D. Echtman, #3 Sealed Unredacted Exhibit D - Declaration of Elyse D. Echtman, #4 Sealed Unredacted Exhibit E - Declaration of Elyse D. Echtman, #5 Sealed Unredacted Exhibit F - Declaration of Elyse D. Echtman, #6 Sealed Unredacted Exhibit G - Declaration of Elyse D. Echtman, #7 Sealed Unredacted Exhibit H - Declaration of Elyse D. Echtman, #8 Sealed Unredacted Exhibit I - Declaration of Elyse D. Echtman, #9 Sealed Unredacted Exhibit J - Declaration of Elyse D. Echtman)(ECHTMAN, ELYSE)
|
|
Filing 433
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
TEXT ORDER: The parties having agreed and requested the appointment of a Special Master to assist with the claims process, and pursuant to Rule 53 of the Rules of Civil Procedure, the Court gives notice of its intent to appoint a Special Master. The parties shall confer and no later than April 9, 2018, shall file either a joint recommendation or individual recommendations of an appropriate person or persons to serve as Special Master. The parties shall not recommend anyone who has a disqualifying conflict unless it has been waived by all parties, or anyone who has not agreed to serve if appointed. The recommendation shall include the terms on which the appointment would be accepted. If the parties agree, the proposed Special Master shall file the affidavit required under Rule 53(b)(2)(A) within three days of the filing of the joint recommendation. Signed by JUDGE CATHERINE C. EAGLES on March 21, 2018. (EAGLES, CATHERINE)
|
|
TEXT ORDER: The claims period is extended until June 18, 2018. Signed by JUDGE CATHERINE C. EAGLES on March 21, 2018. (EAGLES, CATHERINE)
|
|
Filing 430
SEALED UNREDACTED DOCUMENTS Plaintiff's Response to Dish's Motion for Reconsideration filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #429 RESPONSE re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by THOMAS H. KRAKAUER. Replies due by 4/2/2018 (Attachments: #1 Exhibit A)(BARRETT, JOHN). (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 429
RESPONSE re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by THOMAS H. KRAKAUER. Replies due by 4/2/2018 (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 428
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2018; that to the extent the defendant's motion for reconsideration is based on alleged contradictions in the existing data supported by newly reorganized evidence, Doc. #423 at Section B, it is DENIED. It is otherwise held open for conclusion of the briefing. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: To the extent Dish's motion for reconsideration, #422 , is based on reorganized information and the arguments made in Section B of the brief in support, #423 beginning on page 5, the motion will be DENIED, with an order forthcoming. Plaintiff need not respond to that argument. Plaintiff's brief in opposition to the remaining aspects of the motion is due 3/19/18. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES; Plaintiffs need not respond to the pending Motion for Reconsideration #422 , pending further Order of the Court. (Sanders, Marlene)
|
|
Filing 427
REDACTION to #425 SEALED Unredacted Documents (LR 5.4),, Declaration of Elyse D. Echtman (redacted pursuant to DKT #408) by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(ECHTMAN, ELYSE)
|
|
Filing 426
REDACTION to #424 SEALED Unredacted Documents (LR 5.4),, Declaration of Dr. Debra J. Aron (redacted pursuant to DKT #408) by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit B4, #11 Exhibit B5, #12 Exhibit C, #13 Exhibit D)(BICKS, PETER)
|
|
Filing 425
SEALED UNREDACTED DOCUMENTS Declaration of Elyse D. Echtman (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(ECHTMAN, ELYSE)
|
|
Filing 424
SEALED UNREDACTED DOCUMENTS Declaration of Dr. Debra J. Aron (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER). (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit B4, #11 Exhibit B5, #12 Exhibit C, #13 Exhibit D)(BICKS, PETER)
|
|
Filing 423
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 422
MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER)
|
|
Motions Submitted: #420 MOTION to Seal to JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
|
|
Filing 421
NOTICE of Appearance by attorney RYAN M. DONOVAN on behalf of Plaintiff THOMAS H. KRAKAUER (DONOVAN, RYAN)
|
|
Filing 420
MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 3/12/2018 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 419
SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
|
|
Filing 418
Redacted document re #414 Report. (BARRETT, JOHN) Modified on 2/20/2018 to edit text. (Sheets, Jamie)
|
|
Filing 417
REPORT re #380 Report The Parties' Updated Joint Submission on Claims Procedures by Plaintiff THOMAS H. KRAKAUER. (Corrected document re #413 Report). (Attachments: #1 Exhibit 1)(BARRETT, JOHN) Modified on 2/12/2018 to edit document title. (Sheets, Jamie)
|
|
Filing 416
SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
|
|
Filing 415
SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit A by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
|
|
Filing 414
REPORT re #407 Order on Motion for Judgment, The Parties' Joint Submission on Form of Judgment by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(BARRETT, JOHN)
|
|
Filing 413
***FILED IN ERROR*** REPORT re #380 Report The Parties' Updated Joint Submission on Claims Procedures by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN) Modified on 2/12/2018 to mark filed in error. See #417 for correct filing. (Sheets, Jamie)
|
|
Filing 412
STRICKEN REDACTION to #410 SEALED Exhibits Group 1-B by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
|
|
Filing 411
STRICKEN REDACTION to #409 SEALED Exhibits Group 1-A by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
|
|
Filing 410
STRICKEN SEALED EXHIBITS Group 1-B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
|
|
Filing 409
STRICKEN SEALED EXHIBITS Group 1-A by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: In light of the Court's Order entered 1/25/18, at #407 , it would be helpful to the Court for the parties to update their positions in the Joint Submission on Claims Procedures, #380 , and for each party to submit a proposed order in Word format reflecting its positions. The updated Joint Submission should also provide a status report on the number of claims received to date. The updated Joint Submission shall be filed and the proposed orders submitted by email to the Court's case manager no later than 2/9/18. (Sanders, Marlene)
|
|
Filing 408
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2018; The motion to seal, Doc. #404 , is GRANTED and the materials found on the docket at Doc. #406 shall remain sealed; The consent motions to seal, Doc. #391 and Doc. #396 , are GRANTED and the materials on file at Doc. #393 and Doc. #397 shall remain under seal; The parties may, without filing a motion to seal, file future pleadings, briefs, and exhibits under seal which contain personal identifying information of class members other than class member names but including phone numbers of class members, so long as redacted copies are made available on the public docket. (Sheets, Jamie)
|
|
Filing 407
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2018; that Dr. Krakauer's motion for judgment, Doc. #381 , is GRANTED IN PART and DENIED IN PART as stated herein. The parties shall revise, confer, and file the materials required in this Order and a partial final judgment will be entered upon further review. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/16/18 DENYING #403 . (Sanders, Marlene)
|
|
Filing 406
SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C. re #404 MOTION for Leave to File a Sur-Reply on Plaintiff's Motion for Judgment/Disbursement of Award (dkt #381) by DISH NETWORK L.L.C. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A to Motion for Leave - DISH's Sur-Reply, #2 Exhibit B to Motion for Leave - Aron Dish Declaration - REDACTED, #3 Exhibit C to Motion for LEave to File Sur-Reply - Proposed Form of Order on Motion to File Sur-Reply)(BICKS, PETER). (Attachments: #1 Exhibit A DISH Network L.L.C.s Sur-Reply to Plaintiffs Motion for Judgment/Disbursement of Award, #2 Exhibit B Declaration of Dr. Debra J. Aron, dated January 15, 2018 [UNREDACTED], #3 Exhibit C Proposed Form of Order)(BICKS, PETER)
|
|
Filing 405
BRIEF re #405 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. (BICKS, PETER)
|
|
Filing 404
MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A Proposed Form of Order)(BICKS, PETER)
|
|
Filing 403
MOTION for Leave to File a Sur-Reply on Plaintiff's Motion for Judgment/Disbursement of Award (dkt #381) by DISH NETWORK L.L.C.. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A to Motion for Leave - DISH's Sur-Reply, #2 Exhibit B to Motion for Leave - Aron Dish Declaration - REDACTED, #3 Exhibit C to Motion for LEave to File Sur-Reply - Proposed Form of Order on Motion to File Sur-Reply)(BICKS, PETER)
|
|
TEXT ORDER granting #400 Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to FAcilitate Claim Submissions. The Court grants Plaintiffs motion, and authorizes Class Counsel and the Claims Administratorto take all reasonable efforts to communicate with class members to facilitate the submission of valid claims. Signed by JUDGE CATHERINE C. EAGLES on January 15, 2018.(EAGLES, CATHERINE)
|
|
Filing 402
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Reset Motion Reply Deadline re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions: Replies due by 5:00 p.m. 1/12/2018 pursuant to 1/10/2018 Text Order. (Sheets, Jamie)
|
|
Filing 401
RESPONSE filed by Defendant DISH NETWORK L.L.C. re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 1/12/2018 (Attachments: #1 Exhibit A - Counter Proposed Order)(BICKS, PETER) Modified on 1/12/2018 to edit reply time per 1/10/2018 Text Order. (Sheets, Jamie)
|
|
Motions Submitted: #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER: Response due 1/11/18 by 5:00 p.m. and Reply due by 5:00 p.m. 1/12/18.(Sanders, Marlene)
|
|
Filing 400
MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 399
NOTICE by DISH NETWORK L.L.C. re #398 SEALED Unredacted Documents (LR 5.4), (Attachments: #1 Exhibit A - Phone Numbers Without Contradictory Name Information [REDACTED])(BICKS, PETER)
|
|
Filing 398
SEALED UNREDACTED DOCUMENTS Notice re: List of Phone Numbers Without Contradictory Name Information Within Plaintiff's Identified Data Sources filed by Defendant DISH NETWORK L.L.C. re NOTICE of Docket Text/Event Modification re Text Order referencing list of individuals dated 1/2/18: to add to file UNDER SEAL. (Sanders, Marlene) TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18: Within five business days, Dish shall file under seal, a list of the 221 class members as to whom "DISH is not asserting specific evidentiary conflicts". See #390 at 23. (Sanders, Marlene) Modified on 1/2/2018 to add docket text. (Sanders, Marlene). (Attachments: #1 Exhibit A - Phone Numbers Without Contradictory Name Information)(BICKS, PETER)
|
|
TEXT ORDER. The Court requires a working hard copy of the briefs and materials filed in connection with Plaintiff's pending motion for judgment (Doc. 381). No later than 10 am January 11, 2018, each side shall provide the Court's case manager with an indexed tabbed unredacted copy of its materials, printed with the ECF docket and page number on the bottom of each page, in notebooks. Signed by JUDGE CATHERINE C. EAGLES on January 8, 2018. (EAGLES, CATHERINE)
|
|
Motions Submitted: #396 Consent MOTION to Seal, #391 Consent MOTION to Seal; #381 MOTION for Judgment / Disbursement of Award to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 397
SEALED UNREDACTED DOCUMENTS Plaintiff's Reply in Support of Motion for Judgment/Disbursement of Award filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #395 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #381 MOTION for Judgment / Disbursement of Award filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN). (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
|
|
Filing 396
Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 395
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #381 MOTION for Judgment / Disbursement of Award filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18. To date, the Court has sealed names and phone numbers associated with class members. Going forward, the Court questions whether it remains appropriate to seal the names of class members, so long as the associated phone numbers remain under seal. Since disclosure of phone numbers on the public docket increases the risk that class members will be harassed with further unwanted phone calls - the very problem the lawsuit was designed to address - the Court is inclined to keep the phone numbers under seal. However, there does not seem to be the same reason to keep the names of class members sealed, particularly in any judgments entered. If either party wishes to be heard on this issue, the party may file a brief no longer than 4000 words no later than 1/24/18. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18: Within five business days, Dish shall file under seal, a list of the 221 class members as to whom "DISH is not asserting specific evidentiary conflicts". See #390 at 23. (Sanders, Marlene) Modified on 1/2/2018 to add docket text.(Sanders, Marlene).
|
|
NOTICE of Docket Text/Event Modification re Text Order referencing list of individuals dated 1/2/18: to add to file UNDER SEAL. (Sanders, Marlene)
|
|
Motions Submitted: #394 MOTION for Extension of Time to File Response/Reply as to #381 MOTION for Judgment / Disbursement of Award to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 12/27/17 GRANTING #394 Motion for Extension of Time to File Response/Reply to #381 ; Reply due 1/3/18. (Sanders, Marlene)
|
|
Filing 394
MOTION for Extension of Time to File Response/Reply as to #381 MOTION for Judgment / Disbursement of Award by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Set Motion Reply Deadlines re #381 MOTION for Judgment / Disbursement of Award: Replies due by 12/29/2017. (Sheets, Jamie)
|
|
Filing 393
SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C. re #390 BRIEF re #381 MOTION for Judgment / Disbursement of Award by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit Declaration of Dr. Aron [REDACTED] [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron [REDACTED], #3 Exhibit A - Part 2 - Declaration of Dr. Aron [REDACTED], #4 Exhibit A - Part 3 - Declaration of Dr. Aron [REDACTED], #5 Exhibit B - Declaration of Dr. Aron [REDACTED], #6 Exhibit C - Declaration of Dr. Aron [REDACTED], #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald) (BICKS, PETER). (Attachments: #1 Exhibit Declaration of Dr. Aron [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron, #3 Exhibit A - Part 2 - Declaration of Dr. Aron, #4 Exhibit A - Part 3 - Declaration of Dr. Aron, #5 Exhibit B - Declaration of Dr. Aron, #6 Exhibit C - Declaration of Dr. Aron, #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald) (BICKS, PETER) Modified on 12/18/2017 to remove duplicate text. (Sheets, Jamie)
|
|
Filing 392
BRIEF re #391 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 391
Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 1/5/2018 (Attachments: #1 Exhibit A)(BICKS, PETER)
|
|
Filing 390
BRIEF re #381 MOTION for Judgment / Disbursement of Award by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit Declaration of Dr. Aron [REDACTED] [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron [REDACTED], #3 Exhibit A - Part 2 - Declaration of Dr. Aron [REDACTED], #4 Exhibit A - Part 3 - Declaration of Dr. Aron [REDACTED], #5 Exhibit B - Declaration of Dr. Aron [REDACTED], #6 Exhibit C - Declaration of Dr. Aron [REDACTED], #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald)(BICKS, PETER) (Attachment 8 replaced on 12/18/2017 with corrected Redacted PDF) (Garland, Leah)
|
|
Filing 389
ORDER granting #388 Motion for Extension of Time signed by JUDGE CATHERINE C. EAGLES on 12/11/2017; that the Motion #388 is GRANTED. DISH's response shall be filed no later than December 15, 2017. (Sheets, Jamie)
|
|
Motions Submitted: #388 MOTION for Extension of Time (Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Judgment/Disbursement of Award) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 388
MOTION for Extension of Time (Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Judgment/Disbursement of Award) #381 by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order) (BICKS, PETER)
|
|
Filing 387
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/5/2017; that DISH's Motion for Rule 54(b) Judgment, Doc. #372 , is DENIED. (Sheets, Jamie)
|
|
Filing 386
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/5/2017; that Dr. Krakauer's motion to seal, Doc. #384 , is GRANTED and the materials on file at Doc. #385 shall remain under seal. (Sheets, Jamie)
|
|
Motions Submitted: #384 Consent MOTION to Seal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 385
SEALED UNREDACTED DOCUMENTS of Docket Entry 382 filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #384 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/12/2017 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(BARRETT, JOHN)
|
|
Filing 384
Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/12/2017 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 383
***FILED IN ERROR ***Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/11/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(BARRETT, JOHN) Modified on 11/21/2017 to mark filed in error and to remove document from public view. Attorney to re-file. (Garland, Leah)
|
|
Filing 382
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #381 MOTION for Judgment / Disbursement of Award (Redacted) filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1 Redacted, #2 Exhibit 2 Redacted, #3 Exhibit 3, #4 Exhibit 4 Redacted)(BARRETT, JOHN)
|
|
Filing 381
MOTION for Judgment / Disbursement of Award by THOMAS H. KRAKAUER. Responses due by 12/11/2017 (BARRETT, JOHN)
|
|
Filing 380
REPORT re #351 Memorandum and Opinion, Order,,,,,,,, (The Parties' Joint Submission Pursuant to July 27, 2017 Order) by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Motions Submitted: #372 MOTION for Entry of Judgment under Rule 54(b) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 379
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
TEXT ORDER re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.: Each side shall submit a proposed judgment in Word format, consistent with its position on this motion, to the Court's case manager within four business days. Signed by JUDGE CATHERINE C. EAGLES on November 8, 2017. (EAGLES, CATHERINE)
|
|
Filing 377
RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 11/21/2017 (BARRETT, JOHN)
|
|
Filing 376
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/3/2017; that the plaintiffs' motion to require Dish to pay claim administration costs, Doc. #363 , is DENIED. The denial is with prejudice to the extent that the plaintiffs seek to require Dish to advance the costs associated with providing and publicizing the initial notice of claim forms to potential class members. Otherwise the motion is denied without prejudice. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Court DENIES the request #375 to use the court seal. (Sanders, Marlene)
|
|
Filing 375
NOTICE by THOMAS H. KRAKAUER Plaintiff's Notice of Filing of Claim Form Documents, with Joint Request for Limited Ruling Regarding the Use of the Court Seal (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
|
|
Motions Submitted: #363 MOTION to Require DISH to Pay Administration Costs to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 374
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #363 MOTION to Require DISH to Pay Administration Costs filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 373
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 372
MOTION for Entry of Judgment under Rule 54(b) by DISH NETWORK L.L.C.. Response to Motion due by 11/7/2017 (BICKS, PETER)
|
|
Set Motion Reply Deadlines re #363 MOTION to Require DISH to Pay Administration Costs: Replies due by 10/24/2017. (Sheets, Jamie)
|
|
Filing 371
RESPONSE BRIEF re #363 MOTION to Require DISH to Pay Administration Costs [Brief in Opposition to Plaintiff's Motion to Require Dish to Pay Administrative Costs] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. (BICKS, PETER) Modified on 10/11/2017 to edit text. (Sheets, Jamie)
|
|
Filing 370
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 10/3/2017; that the defendant DISH Network's motion for judgment as a matter of law and remittitur, Doc. #346 , is DENIED. (Sheets, Jamie)
|
|
Filing 369
ORDER. Signed by JUDGE CATHERINE C. EAGLES on 9/29/2017, that the motion, (Doc. #368 ), is GRANTED and the following deadlines set forth in the July 27 Order are extended as follows: (1) the defendant DISH Network L.L.C.'s deadline to object to class members in proposed group judgment and provide evidence for those objections is extended from October 2, 2017, to and including October 23, 2017; (2) the parties' deadline to meet and confer about class members in proposed group judgment is extended from October 16, 2017, to and including November 6, 2017; and (3) the plaintiff Thomas H. Krakauer's deadline to file group motion(s) for judgment is extended from November 1, 2017, to and including November 20, 2017. (Daniel, J)
|
|
Motions Submitted: #368 Joint MOTION for Extension of Time (re: Memorandum Opinion and Order Docket Entry 351) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 368
Joint MOTION for Extension of Time (re: Memorandum Opinion and Order Docket Entry 351) by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
|
|
Filing 367
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/25/2017; that the motion to modify the previous Order on post-trial procedures, Doc. #365 , is DENIED. Class counsel shall provide a copy of this Order to the Claims Administrator. (Sheets, Jamie)
|
|
Electronic Notice from defense counsel on 9/21/2017 indicating no response will be filed re #365 . (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Upon review and consideration of the motion at #365 and supporting brief, the Court tentatively intends 1) to direct the Claims Administrator to send the class notices within a reasonable time given the tasks that need to be accomplished beforehand and to advise the Court in writing if those tasks will take longer than six weeks from the date of the order, and 2) to otherwise deny the motion. If the defendant wishes to be heard to the contrary, it shall file a response to the pending motion no later than 9/27/17. (Sanders, Marlene)
|
|
Motions Submitted: #365 MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 366
BRIEF re #365 MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration. (BARRETT, JOHN)
|
|
Filing 365
MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration by THOMAS H. KRAKAUER. Response to Motion due by 10/11/2017 (BARRETT, JOHN)
|
|
Filing 364
BRIEF re #363 MOTION to Require DISH to Pay Administration Costs . (BARRETT, JOHN)
|
|
Filing 363
MOTION to Require DISH to Pay Administration Costs by THOMAS H. KRAKAUER. Response to Motion due by 10/10/2017 (BARRETT, JOHN)
|
|
Filing 362
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2017, that the defendant DISH Network's motion to seal, Doc. #348 , is GRANTED and the materials on file at Doc. #350 shall remain under seal. (Butler, Carol) (Main Document 362 replaced on 9/14/2017) (Butler, Carol).
|
|
NOTICE of Docket Text/Event Modification re #362 Order on Motion to Seal,: to correct image. (Butler, Carol)
|
|
Filing 361
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/12/2017; The Court adopts and approves the instructions and claim form attached to this Order as set out herein. (Sheets, Jamie)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court has reviewed the joint submission on scheduling issues, #357 , and directs that the Court's usual schedule and word limits for briefing shall apply to any motions concerning payment of claims administration costs and motions for attorneys' fees, subject to further order of the Court. No further scheduling order appears needed at this time, and the Court will resolve any disputes over the timing of those motions after those motions are filed, if and when they arise. (Sanders, Marlene)
|
|
Filing 360
ORDER GRANTING JOINT MOTION FOR APPOINTMENT OF CLAIMS ADMINISTRATOR signed by JUDGE CATHERINE C. EAGLES on 9/11/2017; appointing Kurtzman Carson Consulting as Claims Administrator. (Sheets, Jamie)
|
|
Motions Submitted: #359 Joint MOTION to Appoint Claims Administrator to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 359
Joint MOTION to Appoint Claims Administrator by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 358
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/5/2017; the Court accepts the Joint Submission. The Court will rule on the disputed issues presented in the Joint Submission once it has had time to review the parties' positions and otherwise as time permits. (Sheets, Jamie)
|
|
Telephone Conference held before JUDGE CATHERINE C. EAGLES on 9/1/2017 with Attorney John Barrett counsel for Plaintiff and Attorneys John Ewald and Elyse Echtman counsel for defendant. A discussion was held regarding the Parties' Joint Submission filed 8/28/17. Written order forthcoming. (Sanders, Marlene)
|
|
Filing 357
REPORT re #351 Memorandum and Opinion, Order,,,,,,,, The Parties Joint Submission Pursuant to July 27, 2017 Order by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 356
REPORT re #351 Memorandum and Opinion, Order,,,,,,,, [The Parties' Joint Submission] by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiffs proposed instructions to class members, #2 Exhibit B - Defendants proposed changes to Plaintiffs proposed instructions to class members, #3 Exhibit C - Plaintiffs proposed claim form, #4 Exhibit D - Defendants proposed claim form)(BICKS, PETER)
|
|
Motions Submitted: #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4], #346 MOTION for Judgment as a Matter of Law and Remittitur to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 355
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 354
RESPONSE in Opposition re #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 8/25/2017 (BARRETT, JOHN)
|
|
Filing 353
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/8/2017; that the motion, Doc. #352 , is GRANTED. The response shall be filed no later than August 11, 2017. (Sheets, Jamie)
|
|
Motions Submitted: #352 MOTION for Extension of Time to File Response/Reply as to #346 MOTION for Judgment as a Matter of Law and Remittitur to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 352
MOTION for Extension of Time to File Response/Reply as to #346 MOTION for Judgment as a Matter of Law and Remittitur by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 351
MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/27/2017, that the defendants motion for post-trial procedures, Doc. 329, and the plaintiffs requests for post-trial procedures, Doc. 331, are GRANTED in part and DENIED in part as stated herein. The parties shall confer as directed and file such motions and submissions as are required by this order, as summarized in the Appendix. Unless stated otherwise in this order, the time frame and word limits for briefing are those set forth in the Local Rules. For all matters where joint submissions are required, the joint submission shall specifically state areas of agreement and disagreement and shall include proposed orders, if applicable. If the parties do not reach full agreement, each party may file a brief at the time of the joint submission addressing areas of disagreement. In view of the degree of advance consultation required, the Court expects the parties to address all issues in the initial briefs, which are limited to 6,000 words. The parties may file short response briefs no longer than 2500 words within ten days, if necessary, and no reply briefs are allowed.(Daniel, J)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 7/20/2017 regarding post trial proceedings. John Barrett, Matthew McCue and John Roddy present as counsel for plaintiff and John Ewald and Elyse Echtman present as counsel for defendant. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The parties are directed to hold open September 6, 2017 and September 25, 2017, for a potential hearing on pending matters. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Court GRANTS #340 MOTION for Leave to File a Sur-Reply filed by DISH NETWORK L.L.C. (Sanders, Marlene)
|
|
Filing 350
SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER). (BICKS, PETER)
|
|
Filing 349
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 348
MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER)
|
|
Filing 347
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 [REDACTED], #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(BICKS, PETER)
|
|
Filing 346
MOTION for Judgment as a Matter of Law and Remittitur by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER)
|
|
Filing 345
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 7/17/2017; that Jeremy Gilman is withdrawn as co-counsel of record for DISH in this action. (Sheets, Jamie)
|
|
Motions Submitted: #344 MOTION to Withdraw as Attorney JEREMY GILMAN to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 344
MOTION to Withdraw as Attorney JEREMY GILMAN by on behalf of DISH NETWORK L.L.C.. Responses due by 8/4/2017 (GILMAN, JEREMY)
|
|
Filing 343
Transcript of Proceedings held on 06/16/2017, before Judge Catherine C. Eagles. Court Reporter Briana L. Bell, Telephone number 226-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/24/2017. Redacted Transcript Deadline set for 8/3/2017. Release of Transcript Restriction set for 9/29/2017. (Bell, Briana)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference call held on 6/16/2017. Attorneys John Barrett, John Roddy, Matthew McCue and Matthew Norris participated on behalf of Plaintiff. Attorneys Elyse Echtman, Peter Bicks, Richard Keshian and John Ewald participated on behalf of Defendant. Parties reported to the Court the status of the issues regarding an interlocutory appeal; Court directed parties to continue discussion as to the most efficient and prompt manner to proceed; Court to decide post trial procedures and finalize; Court to issue decision in this matter. (Court Reporter Briana Bell.) (Welch, Kelly)
|
|
Filing 342
Transcript of Proceedings held on June 7, 2017, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 7/10/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/14/2017. (Calhoun, J.)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Attorneys John Barrett, Matthew McCue and Matthew Norris present as counsel for plaintiff and Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present as counsel for defendant. Motion Hearing held on 6/7/2017 re: Post-Trial Procedures. Court directs counsel to confer regarding interlocutory appeal and all matters addressed by the Court to date. Court sets telephone conference for 6/16/17 at 8:30 a.m. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
Filing 341
MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 6/6/2017, that Dish Network's motion for judgment as a matter of law (Doc. #318 ) and motion for a new trial (Doc. #320 ) are DENIED. (Daniel, J)
|
|
Motions Submitted: #340 MOTION for Leave to File a Sur-Reply to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 340
MOTION for Leave to File a Sur-Reply by DISH NETWORK L.L.C.. Responses due by 6/23/2017 (Attachments: #1 Exhibit A DISH's Sur-Reply, #2 Exhibit B Declaration of Dr. Debra J. Aron)(BICKS, PETER)
|
|
Filing 339
NOTICE of Hearing: Motion Hearing set for 6/7/2017 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 338
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 5/22/2017 as set out herein. (Sheets, Jamie)
|
|
Motions Submitted: #329 MOTION for Oral Argument for Post-Trial Procedures to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 337
REPLY in Support re #331 Brief Plaintiff's Reply in Support of Post-Trial Procedures filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Certification of Word Count)(BARRETT, JOHN) Modified on 5/22/2017 to correct title of document(Taylor, Abby).
|
|
Filing 336
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #329 MOTION for Post-Trial Procedures filed by DISH NETWORK L.L.C. (BICKS, PETER)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 5/16/17 DENYING #318 Defendant's Motion for Judgment as a Matter of Law and DENYING #320 Defendant's Motion for New Trial both filed 3/7/17. Opinion to follow as time permits. (Sanders, Marlene)
|
|
Filing 335
BRIEF re #331 Brief [Brief in Opposition to Plaintff's Motion for Post-Trial Procedures] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Declaration of Dr. Debra J. Aron, #2 Exhibit B - Declaration of Laura Dozois, #3 Exhibit C - 9.24.16.Email from J Barrett to E. Echtman)(BICKS, PETER)
|
|
Filing 334
RESPONSE in Opposition re #329 MOTION for Oral Argument for Post-Trial Procedures filed by DISH NETWORK L.L.C., #330 Memorandum, filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certification of Word Count)(BARRETT, JOHN)
|
|
Filing 333
DEPOSITION (paper copy) of Tanya Maslennikov taken on 3/5/13, used during the trial of this matter 1/10/17 through 1/19/17.(Sanders, Marlene)
|
|
Filing 332
VIDEOTAPED DEPOSITION (paper copy) of David Hill taken on 10/10/14, used during the trial of this matter 1/10/17 through 1/19/17. (Sanders, Marlene)
|
|
Filing 331
Plaintiff's BRIEF on Post-Trial Procedures. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 330
BRIEF In Support filed by Defendant DISH NETWORK L.L.C. re: #329 MOTION for Post-Trial Procedures (See #329 Motion for Exhibits to this Brief) (BICKS, PETER) Modified document description including to see #329 Motion for Exhibits on 4/27/2017. (Daniel, J)
|
|
Filing 329
MOTION by DISH NETWORK L.L.C. for Post-Trial Procedures. Response to Motion due by 5/17/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(BICKS, PETER) Modified document description on 4/27/2017. (Daniel, J)
|
|
Filing 328
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/18/2017; the parties are to adhere to the following deadlines: April 26, 2017: Plaintiff and DISH will each file a motion outlining their proposed post-trial procedures. May 10, 2017: The parties will file their responses to these motions. May 19, 2017: The parties will file their replies. The usual page limits for briefing will apply. The Court will evaluate the need for a hearing after it reviews the briefing. The parties should keep June 7 available, should a hearing be needed. The Court anticipates denying pending motions, Docs. 318, 320, so the parties should proceed on that basis. (Sheets, Jamie)
|
|
Filing 327
VIDEOTAPED DEPOSITION (paper copy) of Bahar Sophie Tehranchi taken on 8/26/13, used during the trial of this matter 1/10/17 through 1/19/17.(Sanders, Marlene)
|
|
Motions Submitted: #320 MOTION for New Trial , #318 MOTION for Judgment as a Matter of Law to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 326
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #320 MOTION for New Trial Defendant's Reply in Further Support filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 325
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #318 MOTION for Judgment as a Matter of Law Defendant's Reply in Further Support filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 324
NOTICE by DISH NETWORK L.L.C. re #314 Order, (Joint Submission with Proposed Schedule) (BICKS, PETER)
|
|
Filing 323
RESPONSE Plaintiff's Response in Opposition to Dish Network's Motion for Judgment As A Matter of Law filed by Plaintiff THOMAS H. KRAKAUER re #318 MOTION for Judgment as a Matter of Law filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 4/11/2017 (BARRETT, JOHN)
|
|
Filing 322
RESPONSE Plaintiff's Response to Dish's Motion For A New Trial filed by Plaintiff THOMAS H. KRAKAUER re #320 MOTION for New Trial filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 4/11/2017 (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
|
|
Filing 321
BRIEF re #320 MOTION for New Trial . (Attachments: #1 Exhibit A - Expert Report Anya Verkhovskaya, #2 Exhibit B - Verkhovskaya Deposition Excerpts)(BICKS, PETER)
|
|
Filing 320
MOTION for New Trial by DISH NETWORK L.L.C.. Response to Motion due by 3/28/2017 (BICKS, PETER)
|
|
Filing 319
BRIEF re #318 MOTION for Judgment as a Matter of Law . (BICKS, PETER)
|
|
Filing 318
MOTION for Judgment as a Matter of Law by DISH NETWORK L.L.C.. Response to Motion due by 3/28/2017 (BICKS, PETER)
|
|
Filing 317
TRIAL BRIEF SUR-REBUTTAL by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(BICKS, PETER)
|
|
Filing 316
Transcript of Proceedings held on 01/06/2017, re: Telephone Conference, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 3/27/2017. Redacted Transcript Deadline set for 4/6/2017. Release of Transcript Restriction set for 6/2/2017. (Russell, Lori)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 3/1/17, GRANTING #315 Motion for Leave to File Sur-Rebuttal to Plaintiff's Rebuttal Closing Argument. (Sanders, Marlene)
|
|
Electronic Notice to/from counsel for Plaintiff re #315 on 3/1/2017. No objection will be filed. (Sanders, Marlene)
|
|
Filing 315
MOTION for Leave to File a Sur-Rebuttal to Plaintiff's Rebuttal Closing Argument by DISH NETWORK L.L.C.. Response to Motion due by 3/21/2017 (Attachments: #1 Sur-Rebuttal, #2 Exhibit A - DISH Form 10-K)(BICKS, PETER)
|
|
Filing 314
POST-TRIAL SCHEDULING ORDER. Signed by JUDGE CATHERINE C. EAGLES on 2/24/2017, that no later than March 31, 2017, the parties shall file a Joint Submission on Post-Trial Issues, which shall identify all individual and subclass issues and all legal questions remaining to be resolved before final judgment can be entered, along with a proposed plan and schedule for resolving those issues as set out herein.(Daniel, J)
|
|
Filing 313
TRIAL BRIEF Plaintiff's Rebuttal Closing Argument Regarding An Enhanced Award for Willful or Knowing Violations of the TCPA by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 312
TRIAL BRIEF Defendant's Closing Statement by Defendant DISH NETWORK L.L.C..(ECHTMAN, ELYSE)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: DENYING #311 as moot based on previous text order. Plaintiff does not need to respond to #290 . (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: DENYING #290 Motion for Judgment as a Matter of Law, without prejudice to a Rule 50(b) motion.(Sanders, Marlene)
|
|
Filing 311
MOTION Defer Response to Dish's Motion for Judgment As A Matter of Law by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 310
Proposed Findings of Fact and Conclusions of Law by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Proposed Findings of Fact, #2 Exhibit B - Conclusions of Law)(BICKS, PETER)
|
|
Filing 309
Proposed Findings of Fact and Conclusions of Law by THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 308
TRIAL BRIEF Plaintiff's Closing Argument Regarding an Enhanced Award for Willful and Knowing Violations of the TCPA by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 307
Transcript of Proceedings held on 01/19/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 306
Transcript of Proceedings held on 01/18/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 305
Transcript of Proceedings held on 01/17/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 304
Transcript of Proceedings held on 01/13/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 303
Transcript of Proceedings held on 01/12/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 302
Transcript of Proceedings held on 01/11/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 301
Transcript of Proceedings held on 01/10/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
|
|
Filing 300
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2017; that the motion, Doc. #298 , is GRANTED and the form of notice is approved for mailing; and FURTHER that notice be mailed to affected class members within four days of the entry of this Order. (Sheets, Jamie)
|
|
Motions Submitted: #298 MOTION to Approve Plaintiff's Motion to Approve Form of Notice, With Request For Expedited Consideration to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 298
MOTION to Approve Plaintiff's Motion to Approve Form of Notice, With Request For Expedited Consideration by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 297
Jury Question #4 dated 1/19/17.(Sanders, Marlene)
|
|
Filing 296
Jury Question #3 dated 1/18/17.(Sanders, Marlene)
|
|
Filing 295
Jury Question #2 dated 1/18/17.(Sanders, Marlene)
|
|
Filing 294
Jury Question #1 dated 1/18/17.(Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/20/17. In connection with the upcoming written closing arguments and proposed conclusions of law on the issue of willfulness, the Court directs the parties' attention to United States v. Blankenship, No. 16-4193, particularly pp. 13-19, decided yesterday (1/19/17) by the Fourth Circuit.(Sanders, Marlene)
|
|
Filing 293
Final Jury Instructions. (Sheets, Jamie)
|
|
Filing 292
JURY VERDICT. (Sheets, Jamie)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 7)completed on 1/19/2017. Attorneys John Barrett, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. 10 jurors present and returned with a verdict at 2:20 p.m. Court sets following schedule for briefing regarding Willfulness Issue. All parties to submit conclusions of law and proposed findings of fact, as well as Plaintiff's written closing argument by 2/6/17. Defendant's written closing argument due 2/9/17 and Plaintiff's rebuttal due 2/13/17.(Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Filing 299
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/18/2017. (Day 6) held on 1/18/17. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Closing arguments by plaintiff and defendant. Court defers ruling on #290 , case will be submitted to jury. (See witness and exhibit list) Jury began deliberations at 2:10 p.m. Jury to continue deliberations on 1/19/17 at 9:00 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene) (Sanders, Marlene). (Sanders, Marlene).
|
|
Set Hearings: Jury Trial set for 1/19/2017 at 9:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 291
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #290 MOTION for Judgment as a Matter of Law filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 290
MOTION for Judgment as a Matter of Law by DISH NETWORK L.L.C.. Response to Motion due by 2/7/2017 (BICKS, PETER)
|
|
Motions Submitted: #290 MOTION for Judgment as a Matter of Law to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 5) held on 1/17/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Defendant presented evidence. Defendant rests. Defendant makes Oral Motion for Judgment as a Matter of Law; Court anticipates denying Motion, but defers ruling pending review of defendant's written motion and brief. Jury Trial continues 1/18/17 at 9:30 a.m. Attorneys to report at 9:15 a.m.(Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Set Hearings: Jury Trial set for 1/18/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 289
RESPONSE re #288 Notice (Other) Plaintiff's Response to Defendant's "Notice" filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 288
NOTICE by DISH NETWORK L.L.C. (Re: Witness Order) (BICKS, PETER)
|
|
Filing 287
NOTICE by DISH NETWORK L.L.C. (BICKS, PETER)
|
|
TEXT ORDER granting #286 Motion to Exclude Defendant's Exhibit 25. The report is hearsay and is not admissible under Rule 803(8)A) on the current record, as it does not appear the report was prepared by a government agency or public office, nor does it appear the factual findings and opinions in the report are those of the FTC or were adopted by the FTC. However, the report is, in large part, relevant, and this ruling is without prejudice should further evidence offered by the defendant disclose other grounds for admissibility. Signed by JUDGE CATHERINE C. EAGLES on January 16, 2017. (EAGLES, CATHERINE)
|
|
Filing 286
RESPONSE filed by Defendant DISH NETWORK L.L.C. re #286 MOTION to Exclude DX-25 filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(BICKS, PETER)
|
|
Motions Submitted: #286 MOTION to Exclude DX-25 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 285
MOTION to Exclude DX-25 by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
ORDER denying #283 Motion to Allow impeachment Testimony from Holly McRae. The court concludes the evidence would be substantive and consistent with its earlier ruling, denies the motion in its discretion. Signed by JUDGE CATHERINE C. EAGLES on January 14, 2017. (EAGLES, CATHERINE)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/13/2017. Jury Trial (Day 4) Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Plaintiff rests. Defendants make Oral Motion for Judgment as a Matter of Law; Court DENIES Motion. Defendant presents evidence. Plaintiff to submit supplemental briefing regarding admissibility of DX25 by 5:00 p.m. on 1/14/17; Defendants Response due 1/15/17 at 2:00 p.m. Jury Trial continued to 1/17/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Set Hearing: Jury Trial set for 1/17/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Motions Submitted: #283 MOTION to Allow Impeachment Testimony from Holly Taber Mcrae to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 284
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #283 MOTION to Allow Impeachment Testimony from Holly Taber Mcrae filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 283
MOTION to Allow Impeachment Testimony from Holly Taber Mcrae by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/12/2017. Jury Trial (Day 3) Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Jury Trial continued to 1/13/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Set Hearings: Jury Trial set for 1/13/17 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 2) held on 1/11/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Jury Trial continued to 1/12/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Set Hearings: Jury Trial set for 1/12/17 at 9:30 a.m. in Greensboro Courtroom 3, before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Selection held on 1/10/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. 10 Jurors selected and empaneled. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial begun on 1/10/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Court GRANTS Oral Motion by plaintiff to sequester witnesses. Opening Statements by plaintiff and defendant. Jury Trial continued to 9:30 a.m. on 1/11/17. (Court Reporter Lori Russell.)
|
|
Set/Reset Hearings: Jury Trial set for 1/11/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Set/Reset Hearings: Jury Trial RESET for 1/10/2017 at 10:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES, due to inclement weather, the Jury Trial will be postponed until 1/10/17. Jurors will report at 10:00 a.m. and counsel and parties at 10:30 a.m. (Sanders, Marlene)
|
|
Filing 282
Suggestion of Subsequently Decided Authority by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1)(BICKS, PETER)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 1/6/2017. Attorneys for plaintiff Brian Glass John Barrett and Matthew Norris; Attorneys for defendant Peter Biggs, Elyse Echtman, John Ewald participated. Court will allow plaintiff to us PX55 as it relates to control in their Opening Statement. Jury will report at 9:30 a.m., Jury selection will begin at 11:00 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Filing 281
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/5/2017. At the upcoming trial, each party anticipates presenting testimony from Bahar Tehranchi by way of video deposition. Each party has objected to some of the testimony designated by the other for presentation to the jury. See Doc. #280 . After review of the deposition transcript and consideration of the objections and responses, the Court overrules all objections. (Sheets, Jamie)
|
|
Filing 280
NOTICE by DISH NETWORK L.L.C. (Joint Submission re Deposition Designations) (Attachments: #1 Exhibit A - Transcript of B. Tehranchi deposition)(BICKS, PETER)
|
|
Filing 279
NOTICE of Appearance by attorney SHASHA Y. ZOU on behalf of Defendant DISH NETWORK L.L.C. (ZOU, SHASHA)
|
|
Filing 278
SEALED UNREDACTED DOCUMENTS [Amended Unredacted Versions of Call Categories] filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #269 SEALED UNREDACTED DOCUMENTS Unredacted Versions of Call Categories filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #267 STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ECHTMAN, ELYSE)
|
|
Filing 277
STIPULATION re #267 Stipulation [Amended Joint Stipulation Regarding Call Categories] by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ECHTMAN, ELYSE)
|
|
Filing 276
ORDER signed by JUDGE CATHERINE C. EAGLES on 01/04/2017, that Jamie L. Shookman is withdrawn as counsel of record in the above-captioned action. (Garland, Leah)
|
|
Motions Submitted: #273 MOTION to Withdraw as Attorney JAMIE L. SHOOKMAN to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 275
PRETRIAL DISCLOSURES by DISH NETWORK L.L.C..(BICKS, PETER)
|
|
Filing 274
FINAL PRETRIAL DISCLOSURES by THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 273
MOTION to Withdraw as Attorney JAMIE L. SHOOKMAN by on behalf of DISH NETWORK L.L.C.. Responses due by 1/24/2017 (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Appearance of Counsel)(SHOOKMAN, JAMIE)
|
|
Filing 272
ORDER signed by JUDGE CATHERINE C. EAGLES on 1/3/2017 as set out herein. (Attachments: #1 Juror Questionnaire) (Sheets, Jamie)
|
|
Filing 271
SECOND ORDER MODIFYING CLASS DEFINITION signed by JUDGE CATHERINE C. EAGLES on 12/29/2016. (Coyne, Michelle)
|
|
Filing 270
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/29/2016 GRANTING Motions to Seal #265 and #268 . The materials on file at Docs #266 and #269 shall remain under seal. (Coyne, Michelle) (Main Document 270 replaced on to reflect correct case number 12/29/2016) (Coyne, Michelle).
|
|
Motions Submitted: #268 MOTION to Seal Unredacted Versions of Call Categories; #265 MOTION to Seal Third Stipulated Exclusion List to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 269
SEALED UNREDACTED DOCUMENTS Unredacted Versions of Call Categories filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #267 STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
|
|
Filing 268
MOTION to Seal Unredacted Versions of Call Categories [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 1/13/2017 (BARRETT, JOHN)
|
|
Filing 267
STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
|
|
Filing 266
SEALED UNREDACTED DOCUMENTS Third Stipulated Exclusion List filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #264 STIPULATION Third Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit 1)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 265
MOTION to Seal Third Stipulated Exclusion List [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 1/13/2017 (BARRETT, JOHN)
|
|
Filing 264
Third Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
|
|
Motions Submitted: #263 Joint MOTION for Extension of Time to File Stipulations to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda)
|
|
TEXT ORDER granting #263 Motion for Extension of Time to File Stipulations by 12/26/2016 by JUDGE CATHERINE C. EAGLES on 12/22/2016. (Williamson, Wanda)
|
|
Filing 263
Joint MOTION for Extension of Time to File Stipulations by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 262
Supplemental BRIEF re Pretrial Conference - Final,,,, [Supplemental Briefing on Plaintiff's IDNC Claim]. (Attachments: #1 Exhibit A - Montano Deposition, #2 Exhibit B - Montano Deposition Ex. 1 - 30(b)(6), #3 C - Taylor Deposition)(BICKS, PETER)
|
|
Filing 261
NOTICE by DISH NETWORK L.L.C. re Pretrial Conference - Final,,,, The Parties' Revised Joint Jury Questionnaire (Attachments: #1 Revised Joint Jury Questionnaire)(BICKS, PETER)
|
|
Filing 260
Transcript of Pretrial motions Proceedings held on 12-12-16, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 1/12/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/23/2017. (Calhoun, J.) (Main Document 260 replaced on 12/19/2016) (Contreras, Jamie).
|
|
Filing 259
ORDER ON JOINT MOTION FOR EXTENSION OF TIME signed by JUDGE CATHERINE C. EAGLES on 12/16/2016; that the December 15, 2016 deadline set forth in the December 6, 2016 Order is extended through and including December 22, 2016. (Sheets, Jamie)
|
|
Motions Submitted: #258 Joint MOTION for Extension of Time to File Certain Stipulations set forth in the December 6, 2016 Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 258
Joint MOTION for Extension of Time to File Certain Stipulations set forth in the December 6, 2016 Order by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Final Pretrial Conference held on 12/12/2016. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Supplemental briefing re: IDNC claim due from the defendant by 12/19/16 and plaintiff by 12/29/16 (5 page limit for both parties). The Court grants oral motion for extension of time regarding notice to class members removed from class per Court's order #243 ; date to be stated in the new stipulation, forthcoming from the parties, covering all modifications to class definition. Preliminary Jury instructions will be modified as stated in open court. Parties to revise Jury Questionnaire per court direction and submit in Word format to clerk by 12/19/16. Deposition designations are due 12/21/16, Counter designations due 12/28/16, Objections due 12/30/16. Final exhibit and witness lists due 1/3/17. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
Filing 257
NOTICE of Appearance by attorney DAVID LITTERINE-KAUFMAN on behalf of Defendant DISH NETWORK L.L.C. (LITTERINE-KAUFMAN, DAVID)
|
|
Filing 256
NOTICE of Appearance by attorney JULIE GORCHKOVA on behalf of Defendant DISH NETWORK L.L.C. (GORCHKOVA, JULIE)
|
|
Filing 255
NOTICE of Appearance by attorney ALLEGRA A. NOONAN on behalf of Defendant DISH NETWORK L.L.C. (NOONAN, ALLEGRA)
|
|
Filing 254
NOTICE of Appearance by attorney LOUISA S. IRVING on behalf of Defendant DISH NETWORK L.L.C. (IRVING, LOUISA)
|
|
Filing 253
RESPONSE by Defendant DISH NETWORK L.L.C. re #246 Order,, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(BICKS, PETER)
|
|
Filing 252
Proposed Jury Instructions by Plaintiff THOMAS H. KRAKAUER Plaintiffs Proposed Modification of the Courts Draft Preliminary Instructions. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 251
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/6/2016 granting in part #250 Motion for Extension of Time to File as stated herein; the Court requires the parties to submit a near-final draft of the stipulations by e-mail to the case manager no later than December 12, 2016 at 8:00 a.m. The deadline for filing the stipulations on the court docket is extended to December 15, 2016. (Sheets, Jamie)
|
|
Motions Submitted: #250 Joint MOTION for Extension of Time to File Certain Stipulations Pursuant to the September 8, 2016 Minute Entry to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 250
Joint MOTION for Extension of Time to File Certain Stipulations Pursuant to the September 8, 2016 Minute Entry by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
|
|
Filing 249
NOTICE by DISH NETWORK L.L.C. re: Joint Jury Questionnaire (Attachments: #1 Exhibit A - Joint Jury Questionnaire)(BICKS, PETER)
|
|
Filing 248
STIPULATION Second Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
|
|
Filing 247
LIST The Parties' Joint Agenda for the December 12, 2016 Pretrial Conference by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 246
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/21/2016. Counsel shall confer with each other about the draft instructions attached to this Order. To the extent counsel have suggestions for improvement, deletions, or additions directed to the merits, they shall be submitted in writing no later than December 8, 2016. Counsel shall also provide a copy in Word format to the Court's case manager. Any such suggestions shall be written in plain language and shall be as concise as possible.(Daniel, J)
|
|
Filing 245
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/21/2016; that the motion to seal, (Doc. #240 ), is GRANTED and the materials at Doc. #241 shall remain under seal. (Sheets, Jamie)
|
|
Filing 244
NOTICE of Trial Calendar Jury Trial set for 1/9/2017 09:30 AM in Greensboro Courtroom #2 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
|
|
Filing 243
ORDER MODIFYING CLASS DEFINITION signed by JUDGE CATHERINE C. EAGLES on 11/14/2016, that, consistent with the authority cited above, the class definition is modified to exclude class members with the telephone numbers on the Stipulated Exclusion List; FURTHER that the plaintiff shall, within thirty days after this Order is entered, send postcard notice in accordance with the class notice order, (Doc. #153 ), to those persons previously provided with class notice with respect to those telephone numbers explaining that they are excluded from the class; and FURTHER that the parties' Stipulation, (Doc. #239 ), does not waive any right to challenge any ruling in this action, including but not limited to the class certification order and the class notice order. DISH reserves its right to seek to admit evidence relating to this stipulation at trial; the plaintiff reserves his right to oppose the admission of that evidence. (Butler, Carol)
|
|
Filing 242
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/14/2016; The parties shall confer about matters requiring resolution or discussion at the upcoming pretrial conference and shall prepare a joint agenda for that conference containing all such matters. They shall file the proposed agenda no later than November 29, 2016. The parties shall schedule a final mediated settlement conference with the mediator to take place no later than December 16, 2016. If the parties are unable to get on the mediator's schedule by that date, they shall either agree on another mediator or advise the Court, who will appoint a mediator with scheduling flexibility. (Sheets, Jamie)
|
|
Motions Submitted: #240 MOTION to Seal Plaintiff's Unopposed Motion to Seal to JUDGE CATHERINE C. EAGLES. (Williamson, Wanda)
|
|
Filing 241
SEALED UNREDACTED DOCUMENTS Stipulated Exclusion List filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #240 MOTION to Seal Plaintiff's Unopposed Motion to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Responses due by 11/28/2016 (Attachments: # 1 Text of Proposed Order)(BARRETT, JOHN), #239 STIPULATION Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A)(BARRETT, JOHN). (BARRETT, JOHN)
|
|
Filing 240
MOTION to Seal Plaintiff's Unopposed Motion to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Responses due by 11/28/2016 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 239
STIPULATION Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 238
TRIAL MEMO - The Parties' Revised Joint Submission by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiff's Third Revised Proposed Verdict Sheet, #2 Exhibit B - Defendant's Third Revised Proposed Verdict Sheet)(BICKS, PETER)
|
|
Filing 237
REPORT - The Parties' Joint Report Regarding Their Plan of Dismissal for Certain Claims by Agreement by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 236
REPORT - The Parties' Joint Report Regarding Their EBR-Related Trial Management Discussions by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 235
ORDER signed by JUDGE CATHERINE C. EAGLES on 10/5/2016, that the Motion is GRANTED. The parties' plan of dismissal for some claims by agreement, and a revised joint submission limited to certain issues regarding the verdict sheet shall be filed on October 17, 2016. The parties report regarding their discussion of trial management issues related to the EBR defense shall be filed that same day. (Butler, Carol)
|
|
Filing 234
MOTION for Extension of Time to File by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Motions Submitted: #234 MOTION for Extension of Time to File to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 233
AMENDED ORDER REGARDING PLAINTIFFS MOTION IN LIMINE Signed by JUDGE CATHERINE C. EAGLES on 9/19/2016; that Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED IN PART as to items 1, 7, and 8, and DENIED AS MOOT as to item 2. Dish may not present any evidence at trial of its established business relationship defense beyond the EBR list provided during discovery (Dish's Exhibit 32) and testimony from Bruce Werner about that list, subject to further order of the Court related to trial management issues and without prejudice to relevance, foundation, hearsay, and other evidentiary objections. The Court directs Dish to file a proffer of Mr. Werner's testimony, or to submit him for deposition by the plaintiff, by October 7, 2016, as directed supra p. 19. Dish may not use Exhibits 31A to 31S as affirmative evidence or on crossexamination. Dish may not use testimony related to Dr. Aron's supplemental report. (Sheets, Jamie)
|
|
Filing 232
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/19/2016; that the defendant Dish's motion for reconsideration, (Doc. #213 ), is GRANTED. (Sheets, Jamie)
|
|
Filing 231
Transcript of Pretrial Motion Proceedings held on 9-8-16, before Judge Eagles. Court Reporter Calhoun, Telephone number 336-332-6033. 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 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (Calhoun, J.)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference/Settlement Conference held on 9/8/2016. Attorneys John Barrett, Brian Glasser, Matthew McCue and Matthew Norris present as counsel for plaintiff; Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present as counsel for defendant. Court takes #213 Motion for Reconsideration under advisement. Counsel to file Plan of Dismissal for some claims per agreement and Revised Joint Submission limited to verdict sheet and category descriptions by 10/7/16; Any stipulation as to Dr. Krakauer's individual claims should be filed as far in advance of trial as possible; Stipulations as to categories due 12/5/16; Final Pretrial Conference 12/12/16 at 10:00 a.m. in Greensboro, Courtroom 3; Jury Trial 1/9/17 at 9:30 a.m. in Greensboro, Courtroom 3. Jury Selection and opening statements on 1/9/17; presentation of evidence begins on 1/10/17. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
Set Hearings: Final Pretrial Conference set for 12/12/2016 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Jury Trial set for 1/9/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Motions Submitted: #213 MOTION for Reconsideration re #209 Order, Regarding Plaintiff's Motion in Limine No. One to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 230
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/2/2016, that the defendant's motion to certify the Court's August 5 order for interlocutory appeal, (Doc. #226 ), is DENIED. (Daniel, J)
|
|
Filing 229
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Condensed Deposition Transcripts of Bruce Werner)(BICKS, PETER)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 8/30/16: Directing defense counsel to file the full transcript of the deposition of Bruce Werner, in condensed form, within three business days. (Sanders, Marlene)
|
|
Filing 228
REPORT re #211 Order,, [Joint Report in Response to Supplemental Scheduling Order] by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiff's Second Revised Verdict Sheet, #2 Exhibit B - Plaintiff's Second Revised Jury Instructions, #3 Exhibit C - DISH's Second Revised Verdict Sheet, #4 Exhibit D - DISH's Redline Second Revised Jury Instructions)(BICKS, PETER)
|
|
Filing 227
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #226 MOTION to Certify the Court's August 5, 2016 Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 226
MOTION to Certify the Court's August 5, 2016 Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) by DISH NETWORK L.L.C.. Responses due by 9/16/2016 (BICKS, PETER)
|
|
Filing 225
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/22/2016; that the August 22, 2016 deadline set forth in the Court's Order entered on August 12, 2016, (Doc. #211 ), is extended through and including August 29, 2016. The Court appreciates the efforts of the parties to work through pretrial issues and has now granted two continuances for that purpose. A further continuance is unlikely, however, as it would impede the Court's preparation for the upcoming pretrial conference. (Sheets, Jamie)
|
|
Motions Submitted: #224 Consent MOTION for Extension of Time to File Joint Report to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 224
Consent MOTION for Extension of Time to File Joint Report by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
|
|
Filing 223
RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 9/1/2016. (BARRETT, JOHN)
|
|
Filing 222
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/15/2016; Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED as to Items 11, 12, and 14; DENIED as to Item 9; and DENIED without prejudice as to Items 4,5, 10, and 13. Item 3 of Dr. Krakauer's motion in limine is GRANTED in part and DENIED AND DEFERRED in part, as stated herein. Item 6 of Dr. Krakauer's motion in limine is GRANTED in part and DENIED in part, as stated herein. Dish's first motion in limine, (Doc. #178 ), is GRANTED in part and DENIED in part, as stated herein. Dish's second and fifth motions in limine, (Docs. #180 , #189 ), are DENIED. Dish's third motion in limine, (Doc. #184 ), is DENIED without prejudice. Dish's fourth motion in limine, (Doc. #187 ), is GRANTED in part and DENIED AND DEFERRED in part, as stated herein. Dish's motion for leave, (Doc. #198 ), to file a reply in further support of its first motion in limine is GRANTED. Dish's motion for leave, (Doc. #212 ), to file supplemental evidence in opposition to Dr. Krakauer's motion in limine is GRANTED. (Sheets, Jamie)
|
|
Filing 221
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/12/2016, that the August 15, 2016 deadline set forth in the Courts Supplemental Scheduling Order, (Doc. #211 ), is extended through and including August 22, 2016. (Butler, Carol)
|
|
Filing 220
Joint MOTION for Extension of Time to File Joint Report by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order on Motion for Extension of Time) (BICKS, PETER)
|
|
Motions Submitted: #220 Joint MOTION for Extension of Time to File Joint Report to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 219
RESPONSE re #212 MOTION for Leave to File Supplemental Evidence in Opposition to Plaintiff's Motion in Limine filed by THOMAS H. KRAKAUER. Replies due by 8/26/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(BARRETT, JOHN)
|
|
Filing 218
ORDER signed by JUDGE CATHERINE C. EAGLES on 8/5/2016; that the defendant Dish Network L.L.C.'s motion to dismiss or in the alternative to decertify the classes, (Doc. #196 ), is DENIED. (Sheets, Jamie)
|
|
Filing 217
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 8/2/2016; that Jacob D. Albertson is withdrawn as counsel of record in this case. (Sheets, Jamie)
|
|
Motions Submitted: #216 MOTION to Withdraw as Attorney JACOB D. ALBERTSON to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 216
MOTION to Withdraw as Attorney JACOB D. ALBERTSON by on behalf of DISH NETWORK L.L.C.. Responses due by 8/25/2016 (Attachments: #1 Text of Proposed Order)(ALBERTSON, JACOB)
|
|
Filing 215
RESPONSE by Plaintiff THOMAS H. KRAKAUER re #199 Objection - Other Plaintiff's Response to Defendant's Objections to Proposed Jury Instructions. (BARRETT, JOHN)
|
|
Filing 214
BRIEF re #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Declaration of Benjamen E. Kern, #2 Exhibit A (6/30/2015 hearing transcript), #3 Exhibit B (3/17/2015 B. Werner depo transcript))(BICKS, PETER)
|
|
Filing 213
MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One by DISH NETWORK L.L.C.. Responses due by 8/15/2016 (Attachments: #1 Brief in Support of Its Limited Motion for Reconsideration of the Court's Order Regarding Plaintiff's Motion in Limine No. One, #2 Declaration of Benjamen E. Kern, #3 Exhibit A to Kern Declaration, #4 Exhibit B to Kern Declaration)(BICKS, PETER)
|
|
Filing 212
MOTION for Leave to File Supplemental Evidence in Opposition to Plaintiff's Motion in Limine by DISH NETWORK L.L.C.. Responses due by 8/11/2016 (Attachments: #1 Declaration of Eric L. Zalud)(ZALUD, ERIC)
|
|
Filing 211
SUPPLEMENTAL SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 7/15/2016; Counsel are directed to confer by telephone no later than July 22, then to exchange written proposals no later than July 29, and then to meet in person and confer in an effort to come to a sensible and efficient resolution as set out herein. Counsel shall jointly report to the Court in writing no later than August 15 concerning their progress. The matter is set for pretrial conference on Thursday, September 8, 2016 at 10 a.m. (Sheets, Jamie)
|
|
Filing 210
NOTICE of Hearing: Pretrial/Scheduling Conference set for 9/8/2016 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 7/15/16: It would be helpful to the Court if plaintiff responded to the defense objections to plaintiffs proposed jury instructions ([199-1], objecting to #174 ). No later than 8/1/16, plaintiff can file a brief no longer than 14 pages addressing the objections raised by the defendant. (Sanders, Marlene)
|
|
Filing 209
ORDER REGARDING PLAINTIFFS MOTION IN LIMINE signed by JUDGE CATHERINE C. EAGLES on 7/12/2016; that Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED IN PART as to paragraphs 1, 2, 7, and 8. Dish may not use Exhibits 31A to 31S as affirmative evidence or on cross-examination. Dish may not present any evidence at trial of its established business relationship defense, including any evidence that class members established an EBR by asking SSN to "call back." Dish may not use testimony related to Dr. Aron's supplemental report. Dish's motions in limine and the remainder of Dr. Krakauer's motion in limine remain under advisement. (Sheets, Jamie)
|
|
Motions Submitted: #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 208
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - July 6, 2016 Email)(BICKS, PETER)
|
|
Filing 207
Suggestion of Subsequently Decided Authority re #206 Response in Opposition to Motion, by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 206
RESPONSE in Opposition re #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by THOMAS H. KRAKAUER. Replies due by 7/11/2016. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 205
INITIAL DISCLOSURES by DISH NETWORK L.L.C.. (Attachments: #1 Defendant DISH Network L.L.C.'s Initial Disclosures, dated 7.9.14, #2 Defendant DISH Network L.L.C.'s Supplemental Answer to Plaintiff's First Set of Interrogatories, dated 1.23.15, #3 Defendant DISH Network L.L.C.'s Answers, Responses, and Objections to Plaintiff's Third Set of Interrogatories, Requests for Production, and Requests for Admission, dated 3.12.15, #4 Defendant DISH Network L.L.C.'s Supplemental Answers to Plaintiff's First Set of Interrogatories and DISH's Initial Disclosures, dated 3.16.15, #5 Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1), dated 7.1.14, #6 Plaintiff's Second Supplemental Response to DISH's First Set of Interrogatories and Requests for Production Propounded to Plaintiff Thomas H. Krakauer, dated 12.22.14)(BICKS, PETER)
|
|
Filing 204
Transcript of Pretrial Motions Proceedings held on 6-3-16, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. (Calhoun, J.)
|
|
Filing 203
ORDER CONTINUING TRIAL signed by JUDGE CATHERINE C. EAGLES on 6/3/2016. The Court does not anticipate a trial date earlier than November 2016, but it will make a decision on that after evaluating the motions in limine, addressing manageability issues that have arisen, and considering Dish's recently filed motion to dismiss. The parties shall keep the Court advised of any developments in United States v. DISH Network, L.L.C. (Daniel, J)
|
|
Filing 202
NOTICE of Appearance by attorney JAMIE L. SHOOKMAN on behalf of Defendant DISH NETWORK L.L.C. (SHOOKMAN, JAMIE)
|
|
Filing 201
NOTICE of Appearance by attorney JACOB D. ALBERTSON on behalf of Defendant DISH NETWORK L.L.C. (ALBERTSON, JACOB)
|
|
ORAL ORDER GRANTING #173 Motion to Continue issued by JUDGE CATHERINE C. EAGLES. See Minute Entry dated 6/3/16. (Sanders, Marlene)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference held on 6/3/2016. Attorneys Anthony Paronich, Brian Glasser, John Barrett, Matthew McCue and Jacob Matthew Norris present as counsel for plaintiff and Attorneys David Krueger, Elyse Echtman, Eric Zalud, John Ewald, Peter Bicks, Richard Keshian and Jacob Albertson present as counsel for defendants. Court GRANTS #173 ; Trial continued to a time to be determined by the Court; Court takes Motions in Limine under advisement. Briefing on Motion in Limine #196 to proceed on normal briefing schedule. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
Filing 200
OBJECTION - Other re #175 Proposed Jury Verdict by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(BICKS, PETER)
|
|
Filing 199
OBJECTION - Other re #174 Proposed Jury Instructions by Defendant DISH NETWORK L.L.C. (Attachments: #1 Exhibit A) (BICKS, PETER) (Attachment 1 replaced on 7/14/2016) (Sheets, Jamie)
|
|
Filing 198
MOTION for Leave to File a Reply in Further Support of Motion in Limine No. One by DISH NETWORK L.L.C.. Responses due by 6/27/2016 (Attachments: #1 Exhibit A - Reply in Further Support of Motion in Limine No. One)(BICKS, PETER)
|
|
Filing 197
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 196
MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice by DISH NETWORK L.L.C.. Responses due by 6/27/2016 (BICKS, PETER)
|
|
Filing 195
TRIAL BRIEF [Responsive Brief on Whether the Court or Jury Should Decide the Issue of "Willful or Knowing" Conduct] by Defendant DISH NETWORK L.L.C..(BICKS, PETER)
|
|
Filing 194
RESPONSE re #181 MOTION in Limine filed by DISH NETWORK L.L.C.. Replies due by 6/13/2016. (Attachments: #1 Declaration of Elyse D. Echtman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(BICKS, PETER)
|
|
Filing 193
TRIAL MEMO [Joint Proposal for Division of Trial Time] by DISH NETWORK L.L.C..(BICKS, PETER)
|
|
Filing 192
RESPONSE re #187 MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish, #189 MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel, #180 MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws, #178 MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance, #184 MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN filed by THOMAS H. KRAKAUER. Replies due by 6/13/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(BARRETT, JOHN)
|
|
Filing 191
BRIEF re #170 Order [Brief on Whether the Court or Jury Should Decide the Issue of "Willful or Knowing" Conduct] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 190
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #189 MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 189
MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
|
|
Filing 188
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #187 MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 187
MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
|
|
Filing 186
Plaintiff's BRIEF On Whether The Court Or The Jury Should Decide If Dish's Violations Were Willful Or Knowing by Plaintiff THOMAS H. KRAKAUER by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 185
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #184 MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN filed by DISH NETWORK L.L.C.. (Attachments: #1 Appendix A)(BICKS, PETER)
|
|
Filing 184
MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
|
|
Filing 183
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #181 MOTION in Limine filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(BARRETT, JOHN)
|
|
Filing 182
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #180 MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws filed by DISH NETWORK L.L.C.. (Attachments: #1 Appendix A)(BICKS, PETER)
|
|
Filing 181
MOTION in Limine by THOMAS H. KRAKAUER. Responses due by 6/10/2016 (BARRETT, JOHN)
|
|
Filing 180
MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
|
|
Filing 179
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #178 MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance filed by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 178
MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (Attachments: #1 Appendix A)(BICKS, PETER)
|
|
Filing 177
Proposed Jury Verdict Form by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Revised Proposed Verdict Sheet)(BICKS, PETER)
|
|
Filing 176
Proposed Jury Instructions by Defendant DISH NETWORK L.L.C. . (Attachments: #1 Exhibit A - DISH Revised Proposed Jury Instructions)(BICKS, PETER)
|
|
Filing 175
Proposed Jury Verdict Form by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 174
Proposed Jury Instructions by Plaintiff THOMAS H. KRAKAUER .(BARRETT, JOHN)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 5/9/16: The Court is reviewing the Motion to Continue #170 . In the meantime, the Court expects the parties to comply with its Scheduling Orders and to remain available for a pretrial conference on 6/3/16.(Sanders, Marlene)
|
|
Motions Submitted: #173 MOTION to Continue Plaintiff's Unopposed Motion to Continue Trial to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 173
MOTION to Continue Plaintiff's Unopposed Motion to Continue Trial by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
|
|
Filing 172
Transcript of Proceedings held on 04/21/2016, re: Pretrial/Settlement Conference, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016. (Russell, Lori)
|
|
Filing 171
NOTICE of Change of Address by ANTHONY I. PARONICH (PARONICH, ANTHONY)
|
|
Filing 170
SUPPLEMENTARY SCHEDULING ORDER. Signed by JUDGE CATHERINE C. EAGLES on 4/22/2016 as set out herein. The parties shall appear for an additional pre-trial conference on Friday, June 3 at 9:30 a.m. in Greensboro Courtroom 3. (Daniel, J)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference and Settlement Conference held on 4/21/2016. Attorneys John Barrett, Brian Glasser and Jacob Norris present for plaintiff and Attorneys Elyse Echtman, John Ewald, Eric Zalud,David Krueger and Chad Hansen present for defendant. Parties to exchange revised verdict sheets and jury instructions by May 5, 2016; Any Motions to Continue Trial are to be filed with the Court by May 5, 2016; Parties to submit revised verdict sheets and jury instructions to Court by May 12, 2016. Motions in Limine to be filed with the Court by May 17, 2016; Counsel to submit to Court division of trial time by May 22,2016. Responses to Motions in Limine are due May 27, 2016. Final Pretrial Conference scheduled for June 3, 2016 at 9:30 a.m. in Greensboro, Courtroom 3. Deposition designations and counter designations to be filed with the Court by June 13, 2016. Written Order forthcoming. (Court Reporter Lori Russell.) (Sanders, Marlene)
|
|
Set Hearings: Final Pretrial Conference set for 6/3/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 169
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/19/2016, that Dr. Krakauer's motion for summary judgment, (Doc. #71 ), is DENIED without prejudice. (Daniel, J)
|
|
Filing 168
OBJECTIONS to Plaintiff's Pretrial Submissions by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - DISH's Objections to Plaintiff's Proposed Jury Instructions, #2 Exhibit B - DISH's Ojections to Proposed Voir Dire Questions, #3 Exhibit C - DISH's Objections to Plaintiff's Proposed Verdict Sheet, #4 Exhibit D - DISH's Objections to Rule 26(a)(3)(A) disclosures)(BICKS, PETER)
|
|
Filing 167
Objection to Pretrial Disclosures by THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 166
AFFIDAVIT re #153 Order on Motion to Approve filed by Plaintiff THOMAS H. KRAKAUER. (PARONICH, ANTHONY)
|
|
Filing 165
TRIAL BRIEF Defendant's Pretrial Submissions by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Defendant's Trial Brief, #2 Exhibit B - Defendant's Proposed Jury Instructions, #3 Exhibit C - Defendant's Proposed Voir Dire, #4 Exhibit D - Defendant's Proposed Verdict Sheet, #5 Exhibit E - Defendant's Rule 26(a)(3) Disclosures)(BICKS, PETER)
|
|
Filing 164
TRIAL BRIEF Plaintiff's Pretrial Submissions by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A - Plaintiff's Trial Brief, #2 Exhibit B - Plaintiff's Proposed Jury Instructions, #3 Exhibit C - Plaintiff's Proposed Voir Dire, #4 Exhibit D - Plaintiff's Proposed Verdict Sheet, #5 Exhibit E - Plaintiff's Rule 26(a)(3) Disclosures, #6 Exhibit Tab 1)(BARRETT, JOHN)
|
|
Filing 163
NOTICE of Appearance by attorney BRIAN A. GLASSER on behalf of Plaintiff THOMAS H. KRAKAUER (GLASSER, BRIAN)
|
|
Filing 162
ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2016, that the defendant's motion to continue the trial date and extend pretrial deadlines, (Doc. #158 ), is DENIED. The defendant's motion to expedite consideration of the motion to continue, (Doc. #159 ), is DENIED as moot. (Daniel, J)
|
|
Filing 161
SUPPLEMENT re #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 160
RESPONSE in Opposition re #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines filed by THOMAS H. KRAKAUER. Replies due by 3/28/2016. (BARRETT, JOHN)
|
|
Motions Submitted: #159 MOTION to Expedite Consideration of Motion to Continue Trial Date and Extend Pretrial Deadlines, #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda)
|
|
TEXT ORDER: The attention of defense counsel is drawn to L.R. 40.1(b). Any supplement to the motion to continue to comply with this local rule shall be filed by March 14. While the Court considers the pending motion to continue, the parties shall comply with the existing scheduling order. Signed by JUDGE CATHERINE C. EAGLES on March 10, 2016. (EAGLES, CATHERINE)
|
|
Filing 159
MOTION to Expedite Consideration of Motion to Continue Trial Date and Extend Pretrial Deadlines by DISH NETWORK L.L.C.. (BICKS, PETER)
|
|
Filing 158
MOTION to Continue Trial Date and Extend Pretrial Deadlines by DISH NETWORK L.L.C.. Responses due by 4/4/2016 (BICKS, PETER)
|
|
Filing 157
SUPPLEMENTAL SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 3/2/2016, pending before the Court is the plaintiff's motion for partial summary judgment. (Doc. #71 .) The Court will stay resolution of the motion pending closure of the opt-out period. The parties shall comply with the Court's previous scheduling order, (Doc. #145 ), as if the motion for partial summary judgment will be denied, but shall identify for opposing counsel and the Court such jury instructions, verdict sheet issues, voir dire questions, exhibits, and witnesses as would be unnecessary should the motion be granted. (Butler, Carol)
|
|
Filing 156
NOTICE of Appearance by attorney PETER A BICKS on behalf of Defendant DISH NETWORK L.L.C. (BICKS, PETER)
|
|
Filing 155
NOTICE of Appearance by attorney ELYSE D. ECHTMAN on behalf of Defendant DISH NETWORK L.L.C. (ECHTMAN, ELYSE)
|
|
Filing 154
NOTICE of Appearance by attorney JOHN L. EWALD on behalf of Defendant DISH NETWORK L.L.C. (EWALD, JOHN)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 2/19/16. The motion to seal #148 is GRANTED and the unredacted documents on file at #149 shall remain sealed, as they contain personal identifying information of class members. (Sanders, Marlene)
|
|
Filing 153
ORDER signed by JUDGE CATHERINE C. EAGLES on 2/9/2016; that the motion for approval of class notice plan, (Doc. #126 ), is GRANTED. (Sheets, Jamie)
|
|
Filing 152
Transcript of Telephonic Status Conference held on 01/06/2016, before Judge Catherine C. Eagles. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 3/3/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016. (Nesbit, Briana)
|
|
Filing 151
JOINT Proposal by Plaintiff THOMAS H. KRAKAUER on Severing Issues for Trial. (BARRETT, JOHN) Modified document title on 2/5/2016. (Daniel, J)
|
|
Filing 150
REPLY MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #147 Response, Plaintiff's Reply Memorandum Addressing Dish's Response to Plaintiff's Revised Notice Plan filed by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 2/8/2016 to edit text. (Sheets, Jamie)
|
|
Filing 149
SEALED UNREDACTED DOCUMENTS (EXHIBIT 1 of Motion to Seal) filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #148 MOTION to Seal Document DISH Network L.L.C.'s Unopposed Motion to File its Response to Plaintiff's Submission of Revised Notice Plan Under Seal. (ZALUD, ERIC) Modified on 2/3/2016 to remove partial carry over text linked from pleading 148. (Sheets, Jamie)
|
|
Filing 148
MOTION to Seal Document DISH Network L.L.C.'s Unopposed Motion to File its Response to Plaintiff's Submission of Revised Notice Plan Under Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4 by DISH NETWORK L.L.C.. Responses due by 2/26/2016 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC) Modified on 2/3/2016 to remove "unless this motion is unopposed." (Sanders, Marlene).
|
|
Filing 147
RESPONSE re #146 Memorandum, DISH Network L.L.C's Response to Plaintiff's Submission of Revised Notice Plan filed by DISH NETWORK L.L.C. Replies due by 2/19/2016. (Attachments: #1 Exhibit A - Long Form Notice, #2 Exhibit B - Postcard Notice, #3 Text of Proposed Order) (ZALUD, ERIC)
|
|
Filing 146
MEMORANDUM Submitting Revised Notice Plan As Ordered by the Court in Its Minute Entry Dated January 6, 2016 by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A Plaintiff's Proposed Postcard Notice, #2 Exhibit B Plaintiff's Proposed Long Form Notice, #3 Exhibit C Plaintiff's Proposed Opt Out Form, #4 Exhibit D Plaintiff's Proposed Address Submission Form, #5 Exhibit E Plainitff's Proposed Order Approving Notice Plan) (BRODERICK, EDWARD)
|
|
Set Hearings: Jury Selection set for 6/17/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Jury Trial set for 6/20/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 145
SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 1/7/2016 as set out herein: The defendant's motion to continue the trial date, (Doc. #144 ), is GRANTED. The Court will hold the motion to approve class notice in abeyance pending further submissions. The parties shall participate in another mediation no later than March 31, 2016, with their previously chosen mediator, Richard Boyette, or another mediator of their choosing. The Clerk shall provide a copy of this order to Mr. Boyette. No later than April 1, 2016, each party shall file a trial brief, proposed jury instructions, proposed voir dire questions, and a proposed verdict sheet, and shall otherwise comply with Fed. R. Civ. P. 26(a)(3)(A) and L.R. 40.1(c). Objections pursuant to Rule 26(a)(3)(B) shall be filed no later than April 15, 2016. The parties shall appear for a pre-trial and settlement conference on Thursday, April 21 at 9:30 a.m. in Greensboro Courtroom 3. (Sheets, Jamie)
|
|
Set/Reset Deadlines/Hearings: Mediation due by 3/31/2016. Pretrial and Settlement Conference set for 4/21/2016 09:30 AM in Greensboro Courtroom #3. (Sheets, Jamie)
|
|
Minute Entry for proceedings held before Judge Catherine Eagles: Telephone Conference regarding class notification and motion to continue trial date held on 1/6/16: Participants Edward Broderick, John Barrett, John Roddy and Matthew Norris for plaintiff and David Krueger, Eric Zalud, Jeremy Gilman and Chad Hensen for defendant. Court informed parties it is generally satisfied with plaintiff's plan, with some changes. Plaintiff is to revise class notice plan, long and short form notices, and proposed Order, providing an option on the website for class members to opt out electronically, providing an optional simple form for class members to use when opting out by mail, and providing a mechanism for class members to supplement and update their contact information and to upload supporting documentation. Plaintiff shall provide this revised plan to Defendant by 1/12/16 for discussion, with submission to Court by 1/19/16. Defendant's Response will be due by 2/2/16 and Plaintiff's Reply will be due by 2/5/16.Plaintiff and defendant are to explore additional methods of online publicity of class notification which are inexpensive and to include additional suggestions in the revised class notice plan.Court Orders the parties to schedule another mediation with Richard Boyette or other mediator of choice immediately, said mediation to occur no later than 3/31/16.Parties discussed acceleration of pretrial disclosure deadlines. Court will review and a written order will be forthcoming.Court Orders counsel to be available for trial June 17-July 6, with a more detailed schedule to be determined. Court informs counsel that time limits will be imposed for presentation of evidence. Court informs the parties that no ruling on #71 will occur before late February, 2016, at the earliest. (Court Reporter Briana Nesbit.) (Sanders, Marlene)
|
|
Motions Submitted: #144 MOTION to Continue Trial Date to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 144
MOTION to Continue Trial Date by DISH NETWORK L.L.C.. (ZALUD, ERIC)
|
|
Filing 143
Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Proposed Order. (BARRETT, JOHN)
|
|
Filing 142
Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Exhibit C Long Form Notice. (BARRETT, JOHN)
|
|
Filing 141
Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Exhibit B Postcard Notice. (BARRETT, JOHN)
|
|
Filing 140
SEALED Attachment (71-3 Exhibit B Part 1) to #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship". (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in 134 Joint Proposal). (Attachments: #1 71-4 Exhibit B Part 2, #2 71-5 Exhibit B Part 3)(Powell, Gloria)
|
|
Filing 139
SEALED Attachments (Exhibit 129-2) to #129 RESPONSE in Opposition re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice. (Attachments: #1 Exhibit 129-3, #2 Exhibit 129-5. (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal)(Powell, Gloria)
|
|
Filing 138
SEALED Attachments (Exhibit 12) to Main Document to #56 RESPONSE filed by Defendant DISH NETWORK L.L.C. re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit 18, #2Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25). (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal). (Powell, Gloria)
|
|
Filing 137
SEALED Attachments (Exhibit B, Part 1) to #48 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal.) (Attachments: #1 Exhibit B, Part 2, #2 Exhibit B, Part 3)(Powell, Gloria)
|
|
Filing 136
ORDER signed by JUDGE CATHERINE C. EAGLES on 12/21/2015; that the motion to stay, (Doc. #114 ), is DENIED. (Sheets, Jamie)
|
|
Electronic NOTICE to Counsel: Telephone conference 1/6/16 at 10:00 a.m. Counsel for plaintiff to initiate call. (Sanders, Marlene)
|
|
Filing 135
USCA ORDER. Upon review of submissions relative to the petition for permission to appeal, the court denies the petition. Entered at the direction of Judge King with the concurrence of Judge Gregory and Judge Shedd. USCA Case Number 15-303. (Sheets, Jamie)
|
|
Filing 134
JOINT STATUS REPORT on Redaction of Documents and Filing Under Seal filed by all parties.. (BRODERICK, EDWARD)
|
|
Motions Submitted: #127 MOTION to Approve Joint Submission on Class Notice, #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice to JUDGE CATHERINE C. EAGLES-. (Sanders, Marlene)
|
|
Filing 133
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1 Declaration of Christina Peters-Stasiewicz)(BARRETT, JOHN)
|
|
Filing 132
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/18/2015; that Plaintiff Krakauer's Motion to Seal [Doc. #104 ] is GRANTED to the extent set out above, and the parties are directed to confer regarding an appropriate, workable, and consistent approach for redacting portions of the putative class members' personal contact information, and to file their joint proposal by December 1, 2015. (Sheets, Jamie)
|
|
Filing 131
NOTICE of Rescheduling: Master Trial Calendar: Jury Trial RESET for 4/4/2016 at 9:30 AM in Unassigned Courtroom before UNASSIGNED Judge. (Sanders, Marlene)
|
|
Filing 130
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/16/2015; that Defendant Dish Network's Motion to Seal [Doc. #88 ] is GRANTED, and the document shall remain sealed until further order of the Court. (Sheets, Jamie)
|
|
Filing 129
RESPONSE in Opposition re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice, #128 Memorandum, filed by DISH NETWORK L.L.C.. Replies due by 11/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (ZALUD, ERIC) (Attachments 2, 3, and 5 replaced with Redacted Versions on 12/21/2015 pursuant to #134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
|
|
Filing 128
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Plaintiff's Memorandum in Support of his Motion for Approval of Class Notice and Addressing Points of Disagreement With Dish on Class Notice filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 127
MOTION to Approve Joint Submission on Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(BARRETT, JOHN)
|
|
Filing 126
MOTION to Approve Plaintiff's Motion for Approval of Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(BARRETT, JOHN)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/29/15 Plaintiff's Amended Motion for Leave to file brief out of time #123 and the original motion #121 are DENIED. Plaintiff's Brief in Opposition #124 is STRICKEN. The Court will rule on the Motion for Stay #114 as time permits. (Sanders, Marlene)
|
|
ORDER issued by JUDGE CATHERINE C. EAGLES on 10/29/2015 denying #121 Motion for Leave to File; denying #123 Motion for Leave to File. (See 10/29/2015 Text Order) (Garland, Leah)
|
|
Filing 125
RESPONSE DEFENDANT'S MEMORANDUM OPPOSING PLAINTIFF'S AMENDED MOTION FOR LEAVE TO FILE BRIEF OUT OF TIME filed by Defendant DISH NETWORK L.L.C. re #123 Amended MOTION for Leave to File Brief Out of Time filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 11/13/2015. (Attachments: #1 Exhibit A - Quoted portions of transcript of 9/28/15 telephone conference)(GILMAN, JEREMY)
|
|
Filing 124
***STRICKEN***RESPONSE in Opposition re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by THOMAS H. KRAKAUER. Replies due by 11/12/2015. (BARRETT, JOHN) Modified on 10/29/2015 to remove reply deadline and to mark Stricken pursuant to 10/29/2015 Text Order. (Garland, Leah)
|
|
Filing 123
Amended MOTION for Leave to File Brief Out of Time by THOMAS H. KRAKAUER. Responses due by 11/19/2015 (BARRETT, JOHN)
|
|
Filing 122
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/26/2015; that Plaintiff Krakauer's Motions to Seal [Doc. #84 , #92 ] are DENIED and the Clerk is directed to unseal Exhibits P, Q, and V [Doc. #85 ] to Plaintiff's Memorandum and to unseal Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment [Doc. #93 ]. (Sheets, Jamie)
|
|
Filing 121
MOTION for Leave to File Brief Out of Time, With Integrated Response in Opposition to Motion for Stay by THOMAS H. KRAKAUER. Responses due by 11/16/2015 (BARRETT, JOHN)
|
|
Motions Submitted: #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 120
Transcript of Telephone conference held on 9-30-15, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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 10/26/2015. Redacted Transcript Deadline set for 11/5/2015. Release of Transcript Restriction set for 1/4/2016. (Calhoun, J.)
|
|
Filing 119
SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 10/1/2015 as set out herein. The case is continued from the January 2016 trial term. For the time being, the case is set for the April 2016 trial term. The Court will re-evaluate once notice issues are resolved, and the parties are advised that an earlier trial date is possible if the Court's schedule permits a special setting. (Sheets, Jamie)
|
|
Filing 118
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/29/2015; that the defendant's motion for summary judgment, (Doc. #73 ), is GRANTED to the extent stated herein and DENIED to the extent previously stated. (See Doc. #113 .) (Sheets, Jamie)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference regarding case status and class notification held on 9/28/2015: Participants Edward Broderick, John Barrett, John Roddy and Matthew Norris for plaintiff and Benjamen Kern, David Krueger, Eric Zalud, Jeremy Gilman and Richard Keshian for defendant. Court continues the trial from the January, 2016 trial calendar to the April, 2016 trial calendar. Text order forthcoming regarding other matters discussed. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
Filing 117
NOTICE of Appearance by attorney JEREMY GILMAN on behalf of Defendant DISH NETWORK L.L.C. (GILMAN, JEREMY)
|
|
Filing 116
NOTICE of Docketing Record on Appeal from USCA re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by DISH NETWORK L.L.C. USCA Case Manager: Karen Stump. USCA Case Number 15-303. (Sheets, Jamie)
|
|
Filing 115
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(ZALUD, ERIC)
|
|
Filing 114
MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal by DISH NETWORK L.L.C.. Responses due by 10/19/2015 (ZALUD, ERIC)
|
|
Filing 113
ORDER signed by JUDGE CATHERINE C. EAGLES on 9/22/2015, that the defendant's motion for summary judgment, (Doc. #73 ), is DENIED in part, as follows: 1) Dish's motion for summary judgment as to Dr. Krakauer's IDNC claim is DENIED; 2) Dish's motion for summary judgment on the theory of vicarious liability because of actual authority is DENIED; 3) The other issues raised by the motion remain under advisement. (Daniel, J)
|
|
Electronic Notice to all counsel of record on 9/22/2015: Telephone conference regarding case status and class notification set for 9/28/15 at 3:00 p.m. (Sanders, Marlene)
|
|
Set Hearings: Telephone Conference set for 9/28/2015 at 3:00 PM before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 112
ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2015; that the motion to strike, (Doc. #96 ), is DENIED. (Garland, Leah)
|
|
Filing 111
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2015; that the motion for class certification, (Doc. #47 ), is GRANTED. (Garland, Leah)
|
|
Filing 110
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/8/2015; that the motion to exclude expert report, (Doc. #57 ), is DENIED. (Sheets, Jamie)
|
|
Motions No Longer Submitted to JUDGE CATHERINE EAGLES re: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #84 MOTION to Seal , #92 Second MOTION to Seal Document #81 Response in Opposition to Motion (Sanders, Marlene)
|
|
Motions Referred: RE: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #84 MOTION to Seal , to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene)
|
|
Filing 109
Suggestion of Subsequently Decided Authority re #56 Response to Motion, by Defendant DISH NETWORK L.L.C. (Attachments: #1 Supplement Decision) (ZALUD, ERIC)
|
|
Motions Submitted: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority , #84 MOTION to Seal , #92 Second MOTION to Seal Document #81 Response in Opposition to Motion, to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 108
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
|
|
Filing 107
RESPONSE re #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, PARTIAL OPPOSITION TO PLAINTIFFS MOTION TO SEAL filed by DISH NETWORK L.L.C.. Replies due by 9/8/2015. (ZALUD, ERIC)
|
|
Filing 106
SEALED DOCUMENT re #103 Redacted Document, by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, Part 1, #4 Exhibit 4, Part 2, #5 Exhibit 4, Part 3, #6 Exhibit 4, Part 4, #7 Exhibit 5, Part 1, #8 Exhibit 5, Part 2, #9 Exhibit 5, Part 3, #10 Exhibit 5, Part 4, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(BARRETT, JOHN)
|
|
Filing 105
SEALED DOCUMENT re #102 Redacted Document by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-6)(BARRETT, JOHN)
|
|
Filing 104
MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, by THOMAS H. KRAKAUER. Responses due by 8/24/2015 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 103
REDACTION Redacted Deposition Transcript of Anya Verkhovskaya by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, Part 1, #4 Exhibit 4, Part 2, #5 Exhibit 4, Part 3, #6 Exhibit 4, Part 4, #7 Exhibit 5, Part 1, #8 Exhibit 5, Part 2, #9 Exhibit 5, Part 3, #10 Exhibit 5, Part 4, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(BARRETT, JOHN)
|
|
Filing 102
REDACTION Redacted Deposition Transcript of Thomas Krakauer by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit Exhibits 1-6)(BARRETT, JOHN)
|
|
Filing 101
Suggestion of Subsequently Decided Authority re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(BARRETT, JOHN)
|
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES 7/27/15: Directing the plaintiffs' attorney to submit full copies of the depositions of Mr. Krakauer and Mr. Verkhovskaya, in condensed form if possible, within three business days. (Sanders, Marlene)
|
|
Filing 100
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO TAKE DEPOSITIONS signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/23/2015; that the Motion [Doc. #98 ] is GRANTED, and the three witnesses referenced in the Court's June 24, 2015 Order shall be made available for deposition on or before August 14, 2015 for the limited purposes of questioning regarding the September 2005 email and the August 2011 email addressed in Plaintiffs Motion to Compel. (Sheets, Jamie)
|
|
Filing 99
RESPONSE in Opposition re #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority filed by DISH NETWORK L.L.C.. Replies due by 8/10/2015. (ZALUD, ERIC)
|
|
Filing 98
Joint MOTION for Extension of Time to Take Depositions by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Motions Referred: RE: #98 Joint MOTION for Extension of Time to Take Depositions, to MAG/JUDGE JOI ELIZABETH PEAKE - (Williamson, Wanda)
|
|
Filing 97
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 96
MOTION to Strike #95 Suggestion of Subsequently Decided Authority by THOMAS H. KRAKAUER. Responses due by 8/14/2015 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 95
Suggestion of Subsequently Decided Authority re #56 Response to Motion, by Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
|
|
Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motions Hearing held on 6/30/2015 re #71 Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER, #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C., #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER, #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by DISH NETWORK L.L.C.. John Barrett, Edward Broderick, John Roddy present as counsel for plaintiffs and Eric Zalud, David Krueger, Benjamin Kern and Richard Keshian present as counsel for defendants. Court takes matter under advisement. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
|
|
NOTICE of Docket Text/Event Modification re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship": Replaced attachment 1 with correct pdf per phone call from attorney. (Sheets, Jamie)
|
|
Filing 94
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/24/2015; that Plaintiff's Motion to Compel Discovery [Doc. #49 ] is GRANTED and Defendant shall, on or before July 24, 2015, make Bruce Werner, Mike Mills, and Amir Ahmed available for deposition for the limited purposes of questioning regarding the September 2005 email and the August 2011 email addressed herein. FURTHER that Plaintiff's Motion to Seal [Doc. #51 ] is DENIED and the Clerk is directed to unseal Exhibits D and E to Plaintiff's Brief in Support of Motion to Compel Discovery [Doc. #52 ]. (Sheets, Jamie)
|
|
Filing 93
- Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment (redacted version filed at 81) filed by Plaintiff THOMAS H. KRAKAUER re #92 Second MOTION to Seal Document #81 Response in Opposition to Motion. (BARRETT, JOHN) Modified on 10/26/2015 to unseal pursuant to Order #122 . (Sheets, Jamie)
|
|
Filing 92
Second MOTION to Seal Document #81 Response in Opposition to Motion, by THOMAS H. KRAKAUER. Responses due by 7/13/2015 (Attachments: #1 Text of Proposed Order) (BARRETT, JOHN)
|
|
Motions Submitted: #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship", #73 MOTION for Summary Judgment , #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 91
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
|
|
Filing 90
SEALED UNREDACTED DOCUMENTS (EXHIBIT 1 of Motion to Seal) filed by Defendant DISH NETWORK L.L.C. re #88 MOTION to Seal Document . (ZALUD, ERIC)
|
|
Filing 89
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #88 MOTION to Seal Document filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
|
|
Filing 88
MOTION to Seal Document by DISH NETWORK L.L.C.. Responses due by 7/9/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
|
|
Filing 87
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit)(ZALUD, ERIC)
|
|
Filing 86
NOTICE of Appearance by attorney JOHN J. RODDY on behalf of Plaintiff THOMAS H. KRAKAUER (RODDY, JOHN)
|
|
Filing 85
Exhibits P, Q, V filed by Plaintiff THOMAS H. KRAKAUER re #84 MOTION to Seal, #81 Response in Opposition to Motion. (BARRETT, JOHN) Modified on 10/26/2015 to unseal pursuant to order #122 . (Sheets, Jamie)
|
|
Filing 84
MOTION to Seal by THOMAS H. KRAKAUER. Responses due by 7/6/2015 (BARRETT, JOHN)
|
|
Filing 83
ORDER Appointing RICHARD T. BOYETTE as the mediator. The order of 8/18/2014 appointing Thomas C. Duncan is rescinded. Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
|
|
Filing 82
RESPONSE in Opposition re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by DISH NETWORK L.L.C. Replies due by 6/15/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (ZALUD, ERIC)
|
|
Filing 81
RESPONSE in Opposition re #73 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by THOMAS H. KRAKAUER. Replies due by 6/15/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC)(BARRETT, JOHN) Modified on 6/12/2015 to replace documents per the request of filer.(Coyne, Michelle).
|
|
Filing 80
ORDER GRANTING JOINT MOTION TO EXTEND DISPOSITIVE BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/20/2015; that the parties' Motion [Doc. #79 ] is GRANTED. The deadline to file an opposition to dispositive motions is May 28, 2015. The deadline to file a reply in support of dispositive motions is June 15, 2015. (Sheets, Jamie)
|
|
Electronic Notice from defense counsel on 5/20/2015 stating no Response will be filed to #51 . (Sanders, Marlene)
|
|
Motions Referred: RE: #51 MOTION to Seal , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 79
Joint MOTION for Extension of Time to File Response/Reply by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
|
|
Motions Referred: RE: #49 MOTION to Compel Plaintiff's Motion to Compel Discovery, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Motions Referred: RE: #79 Joint MOTION for Extension of Time to File Response/Reply , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 78
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #49 MOTION to Compel Plaintiff's Motion to Compel Discovery Plaintiff's Reply in Support of Motion to Compel Discovery filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 77
NOTICE by DISH NETWORK L.L.C. of Mediation and Selection of New Mediator (ZALUD, ERIC)
|
|
Motions Submitted: #47 MOTION to Certify Class Plaintiff's Motion for Class Certification to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 76
RESPONSE in Opposition re #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by THOMAS H. KRAKAUER. Replies due by 6/1/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(BARRETT, JOHN)
|
|
Filing 75
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A) (BARRETT, JOHN) (Main Document 75 replaced on 6/17/2015 with corrected signature page) (Sheets, Jamie)
|
|
Filing 74
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (ZALUD, ERIC) Modified on 5/8/2015 to add exihibt numbers. (Sheets, Jamie)
|
|
Filing 73
MOTION for Summary Judgment by DISH NETWORK L.L.C. Responses due by 6/11/2015 (ZALUD, ERIC) Modified on 5/11/2015 to correct response deadline. (Sheets, Jamie)
|
|
Filing 72
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Filing 71
MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" by THOMAS H. KRAKAUER. Responses due by 6/11/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 3 Part 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(BARRETT, JOHN) (Attachment 1 replaced on 6/25/2015) (Sheets, Jamie).(Attachments 3-4 as agreed and 5 replaced with Redacted Version on 12/21/2015 pursuant to 134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria). Modified on 12/22/2015 to Redact Versions 3-4 as agreed upon by parties. (Powell, Gloria)
|
|
Filing 70
NOTICE of Hearing: Motion Hearing RESET for 6/30/2015 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 69
ORDER signed by JUDGE CATHERINE C. EAGLES on 5/4/2015, granting in substantial part the Joint Motion to Extend Deadlines. The plaintiff's Reply Memorandum in Support of his Motion for Class Certification shall be filed by May 14, 2015. The plaintiff's response in opposition to the defendant's motion to exclude Anya Verkhovskaya shall be filed by May 14, 2015. Motions for summary judgment by either party shall be filed by May 7, 2015. The hearing on all pending motions remains scheduled for June 23. The Court's trial schedule does not permit a hearing in July. The parties may confer with the Court's case manager to see if the Court has available another day in late June which will work better for the litigants. (Daniel, J)
|
|
Filing 68
MOTION for Extension of Time Joint Motion to Extend Deadlines by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Motions Submitted: #68 MOTION for Extension of Time Joint Motion to Extend Deadlines to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 67
NOTICE of Intent to File Dispositive Motions by Plaintiff THOMAS H. KRAKAUER (BARRETT, JOHN)
|
|
Filing 66
NOTICE of Intent to File Dispositive Motions by Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
|
|
Filing 65
RESPONSE in Opposition re #49 MOTION to Compel Plaintiff's Motion to Compel Discovery filed by DISH NETWORK L.L.C.. Replies due by 5/18/2015. (ZALUD, ERIC)
|
|
Filing 64
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/27/2015; that Joint Motion for 60-Day Extension of Mediation Deadline [Doc. #63 ] is GRANTED IN PART in that the mediation deadline is extended to May 29, 2015. If, after a good faith effort to mediate on or before May 29, 2015, the parties still hold the belief that mediation would be more fruitful at a later date, the parties may adjourn the mediation and reconvene on or before June 30, 2015. (Sheets, Jamie)
|
|
Filing 63
Joint MOTION for Extension of Time for 60 day Extension of Mediation Deadline by DISH NETWORK L.L.C.. (Attachments: #1 Proposed Order)(ZALUD, ERIC)
|
|
Motions Referred: RE: #63 Joint MOTION for Extension of Time for 60 day Extension of Mediation Deadline, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 62
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO EXTEND CLASS CERTIFICATION REPLY DEADLINE TO MAY 8, 2015 signed by JUDGE CATHERINE C. EAGLES on 4/16/2015; that the plaintiff's motion, (Doc. #59 ), is GRANTED in part. Plaintiff's Reply Memorandum in Support of his Motion for Class Certification shall be filed by May 7, 2015. (Sheets, Jamie)
|
|
Filing 61
NOTICE of Hearing: Motion Hearing set for 6/23/2015 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 60
RESPONSE in Opposition re #59 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 filed by DISH NETWORK L.L.C.. Replies due by 5/4/2015. (Attachments: #1 Exhibit)(ZALUD, ERIC)
|
|
Motions Submitted: #59 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 59
MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
|
|
Filing 58
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(ZALUD, ERIC)
|
|
Filing 57
MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya by DISH NETWORK L.L.C.. Responses due by 5/7/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
|
|
Filing 56
RESPONSE filed by Defendant DISH NETWORK L.L.C. re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 4/30/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25) (ZALUD, ERIC) Modified on 4/14/2015 to add exhibit numbers. (Sheets, Jamie)(Attachments 12 and 18 through 25 replaced with Redacted Versions on 12/21/2015 pursuant to 134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
|
|
Filing 55
ORDER signed by JUDGE CATHERINE C. EAGLES on 4/10/2015; that DISH's motion to exceed the page limitation is GRANTED IN PART. DISH's brief in opposition may be as long as twenty-eight pages. The page limit for the plaintiff's reply brief is extended as well on the Court's own motion to eighteen pages, though of course the plaintiff is not required to file a long brief. (Sheets, Jamie)
|
|
Filing 54
AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Michael Oberbillig served on 4/02/2015, filed by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Motions Submitted: #53 MOTION for Leave to File Excess Pages Defendant DISH Network L.L.C.'s Motion For Leave To Exceed The Responsive Brief Page Limitation to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 53
MOTION for Leave to File Excess Pages Defendant DISH Network L.L.C.'s Motion For Leave To Exceed The Responsive Brief Page Limitation by DISH NETWORK L.L.C.. Responses due by 5/1/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
|
|
Filing 52
Exhibits D and E to Plaintiff's Brief in Support of Motion to Compel Discovery filed by Plaintiff THOMAS H. KRAKAUER re #51 MOTION to Seal. (BARRETT, JOHN) Modified on 6/24/2015 to unseal per order (pleading #94 ). (Sheets, Jamie)
|
|
Filing 51
MOTION to Seal by THOMAS H. KRAKAUER. Responses due by 4/30/2015 (BARRETT, JOHN)
|
|
Filing 50
BRIEF re #49 MOTION to Compel Plaintiff's Motion to Compel Discovery by Plaintiff THOMAS H. KRAKAUER filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (redacted), #5 Exhibit E (redacted), #6 Exhibit F)(BARRETT, JOHN)
|
|
Filing 49
MOTION to Compel Plaintiff's Motion to Compel Discovery by THOMAS H. KRAKAUER. Responses due by 4/30/2015 (BARRETT, JOHN)
|
|
Filing 48
MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A - Krakauer Deposition, #2 Exhibit B - Part 1 - Verkhovskaya Report, #3 Exhibit B - Part 2 - Verkhovskaya Report, #4 Exhibit B - Part 3 - Verkhovskaya Report, #5 Exhibit C - Tehranchi Deposition, #6 Exhibit D - Hill Deposition, #7 Exhibit E - Declarations Barrett Broderick McCue Paronich)(BARRETT, JOHN) (Attachment 5, 6, and 7 replaced on 3/24/2015 with corrected PDF images) (Garland, Leah) (Attachments 2-4 replaced with Redacted Versions on 12/21/2015 pursuant to #134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
|
|
Filing 47
MOTION to Certify Class Plaintiff's Motion for Class Certification by THOMAS H. KRAKAUER. Responses due by 4/16/2015 (BARRETT, JOHN)
|
|
Filing 46
ORDER GRANTING JOINT MOTION TO EXTEND DISH'S EXPERT DISCLOSURE AND DISPOSITIVE MOTION BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/16/2015; that the Joint Motion of Parties [Doc. #45 ] is GRANTED and prior scheduling orders are amended as follows: March 12, 2015: DISH'S expert report and disclosure deadline; May 21, 2015: Deadline to file opposition to dispositive motions; and June 8, 2015: Deadline to reply in support of dispositive motions. (Sheets, Jamie)
|
|
Motions Referred: RE: #45 JOINT MOTIONTo Extend Dispositive Motion Briefing and DISH's Expert Disclosure, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 45
JOINT MOTIONTo Extend Dispositive Motion Briefing and DISH's Expert Disclosure by DISH NETWORK L.L.C.. (KRUEGER, DAVID)
|
|
Filing 44
NOTICE of Appearance by attorney PATRICK MUENCH on behalf of Plaintiff THOMAS H. KRAKAUER (MUENCH, PATRICK)
|
|
Filing 43
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/13/2015; that Defendant's Motion for a Protective Order [Doc. #36 ] is DENIED, and Plaintiff shall have until February 27, 2015, to depose Defendant's Rule 30(b)(6) representative. (Sheets, Jamie)
|
|
Filing 42
ORDER GRANTING JOINT MOTION TO EXTEND EXPERT DISCLOSURE AND CLASS CERTIFICATION BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/12/2015; that the Joint Motion of Parties to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines [Doc. #41 ] is GRANTED, and the deadlines are extended as set out herein. All other deadlines remain as previously set. (Sheets, Jamie)
|
|
Motions Referred: RE: #41 Joint MOTION for Extension of Time to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 41
Joint MOTION for Extension of Time to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Motions Referred: RE: #36 MOTION for Protective Order , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 40
REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #36 MOTION for Protective Order filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
|
|
Filing 38
RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #36 MOTION for Protective Order filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 2/2/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
|
|
Filing 37
MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #36 MOTION for Protective Order Filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (KRUEGER, DAVID)
|
|
Filing 36
MOTION for Protective Order by DISH NETWORK L.L.C. Responses due by 1/29/2015 (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (KRUEGER, DAVID)
|
|
Filing 35
ORDER GRANTING MOTION TO EXTEND MEDIATION DEADLINE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/22/2014; that the Joint Motion [Doc. #33 ] is GRANTED, and the mediation deadline previously set in this matter shall be extended until April 30, 2015. (Sheets, Jamie)
|
|
Filing 34
ANSWER to Amended Complaint by DISH NETWORK L.L.C.. (ZALUD, ERIC)
|
|
Motions Referred: RE: #33 Consent MOTION for Extension of Time to Complete Mediation, to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 33
Consent MOTION for Extension of Time to Complete Mediation by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Mediation Deadline)(NORRIS, JACOB)
|
|
Filing 32
First AMENDED COMPLAINT against defendant DISH NETWORK L.L.C., filed by THOMAS H. KRAKAUER.(BARRETT, JOHN)
|
|
Filing 31
ORDER signed by JUDGE CATHERINE C. EAGLES on 11/25/2014; that Plaintiff's Motion to Amend Complaint is GRANTED and plaintiff shall file the proposed First Amended Complaint attached to the plaintiff's motion within five business days of the date of this Order. (Sheets, Jamie)
|
|
Motions Submitted: #26 MOTION to Amend #1 Complaint to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
|
|
Filing 30
REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #26 MOTION to Amend #1 Complaint filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
|
|
Set/Reset Motion and R and R Deadlines/Hearings re #26 MOTION to Amend #1 Complaint: Replies due by 11/28/2014. (Sheets, Jamie)
|
|
Filing 29
RESPONSE to Plaintiff's Motion to Amend Complaint filed by Defendant DISH NETWORK L.L.C. re #26 MOTION to Amend #1 Complaint filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
|
|
Filing 28
ORDER GRANTING MOTION TO WITHDRAW signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/29/2014; that the Motion to Withdraw [Doc. #24 ] is GRANTED, and Melanie Black Dubis and the law firm of Parker Poe Adams & Bernstein LLP are hereby allowed to withdraw their appearance as counsel for Defendant DISH Network in this action and are hereby relieved of all further duties therein. (Sheets, Jamie)
|
|
Filing 27
NOTICE of Appearance by attorney DAVID M. KRUEGER on behalf of Defendant DISH NETWORK L.L.C. (KRUEGER, DAVID)
|
|
Filing 26
MOTION to Amend #1 Complaint by THOMAS H. KRAKAUER. Responses due by 11/10/2014 (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
|
|
Filing 25
NOTICE of Appearance by attorney JACOB MATTHEW NORRIS on behalf of Plaintiff THOMAS H. KRAKAUER (NORRIS, JACOB)
|
|
Motions Referred: RE: #24 MOTION to Withdraw as Attorney MELANIE BLACK DUBIS , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 24
MOTION to Withdraw as Attorney MELANIE BLACK DUBIS by on behalf of DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(DUBIS, MELANIE)
|
|
Filing 23
SUPPLEMENTAL PROTECTIVE ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/11/2014. (Daniel, J)
|
|
Filing 22
JOINT STIPULATED PROTECTIVE ORDER as set out herein. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/11/2014. (Daniel, J)
|
|
CASE REFERRED RE: #21 to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
|
|
Filing 21
STIPULATION [Joint Stipulated Protective Order] by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A: Acknowledgment)(KESHIAN, RICHARD)
|
|
Filing 20
ORDER Appointing THOMAS C. DUNCAN as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
|
|
Filing 19
NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 1/4/2016 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE.(Sanders, Marlene)
|
|
MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 8/4/2014. Mediation due by 12/11/2014. (Gammon, Cheryl)
|
|
Filing 18
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/11/2014; that the parties' Joint Rule 26(f) Report [Doc. #17 ] is approved as submitted and as noted herein. Discovery shall be placed on a case-management track designated in LR 26.1(a) as EXCEPTIONAL. Discovery due by 4/17/2015. The Court notes that mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. Under Local Rule 83.9d, if the parties do not provide the name of an agreed-upon mediator within 21 days of this Order, the Clerk will select a mediator from the Court's panel of mediators. Plaintiff's Amended Pleadings due by 10/15/2014. Defendant's Amended Pleadings due by 10/15/2014. Joinder of Parties for Plaintiff due by 10/15/2014. Joinder of Parties for Defendant due by 10/15/2014. Dispositive Motions due by 5/4/2014. The parties do not consent under 28 U.S.C. 636(c) and do not require appointment of a master. The parties are uncertain how long a trial will take in this matter. If this case is certified as a class action pursuant to Rule 23, the parties estimate trial will take two weeks. If the case is not certified as a class action pursuant to Rule 23, the parties estimate trial will take two days. (Sheets, Jamie) Modified on 7/14/2014 to correct discivery deadline. (Sheets, Jamie)
|
|
Motions Referred: RE: #17 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
|
|
Filing 17
Rule 26(f) Report (Joint) filed by all parties by DISH NETWORK L.L.C.. (KESHIAN, RICHARD)
|
|
Filing 16
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/17/2014 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
|
|
Filing 15
NOTICE by DISH NETWORK L.L.C. NOTICE OF SUBSITUTION OF COUNSEL (DUBIS, MELANIE)
|
|
Filing 14
NOTICE of Appearance by attorney LAURA E. KOGAN on behalf of Defendant DISH NETWORK L.L.C. (KOGAN, LAURA)
|
|
Filing 13
NOTICE of Appearance by attorney BENJAMEN E. KERN on behalf of Defendant DISH NETWORK L.L.C. (KERN, BENJAMEN)
|
|
Filing 12
NOTICE of Appearance by attorney ERIC L. ZALUD on behalf of Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
|
|
Filing 11
ANSWER to #1 Complaint with Jury Demand by DISH NETWORK L.L.C.. (KESHIAN, RICHARD)
|
|
Filing 10
MOTION for Extension of Time to File Answer re #1 Complaint by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order)(DUBIS, MELANIE)
|
|
Filing 9
Corporate Disclosure Statement by DISH NETWORK L.L.C. identifying Corporate Parent DISH NETWORK CORPORATION for DISH NETWORK L.L.C. (DUBIS, MELANIE)
|
|
Filing 8
NOTICE of Appearance by attorney MELANIE BLACK DUBIS on behalf of Defendant DISH NETWORK L.L.C. (DUBIS, MELANIE)
|
|
ORDER granting #10 Motion for Extension of Time to Answer for DISH NETWORK L.L.C. Answer due by 5/29/2014. Signed by John Brubaker, Clerk of Court, on 05/13/2014. (Brubaker, John)
|
|
Filing 7
NOTICE of Appearance by attorney JOHN W. BARRETT on behalf of Plaintiff THOMAS H. KRAKAUER (BARRETT, JOHN)
|
|
Filing 6
NOTICE of Appearance by attorney EDWARD A. BRODERICK on behalf of Plaintiff THOMAS H. KRAKAUER (BRODERICK, EDWARD)
|
|
Filing 5
NOTICE of Appearance by attorney ANTHONY I. PARONICH on behalf of Plaintiff THOMAS H. KRAKAUER (PARONICH, ANTHONY)
|
|
Filing 4
AFFIDAVIT OF SERVICE as to DISH NETWORK L.L.C. served on 4/23/2014, answer due 5/14/2014. (Attachments: #1 Exhibit Service Return Receipt)(NORRIS, JACOB)
|
|
Filing 3
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie)
|
|
Filing 2
Summons Issued as to DISH NETWORK L.L.C. (Sheets, Jamie)
|
|
Filing 1
COMPLAINT against DISH NETWORK L.L.C. (Filing fee $ 400 receipt number 0418-1496692), filed by THOMAS H. KRAKAUER. (NORRIS, JACOB)
|
|
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. (Sheets, Jamie)
|
|
Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
