Corbin Bernsen v. Innovative Legal Marketing, LLC
| Corbin Bernsen |
| Innovative Legal Marketing, LLC |
| 2:2011cv00546 |
| October 7, 2011 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of State |
| Douglas E. Miller |
| Rebecca Beach Smith |
| Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 108 TRANSCRIPT OF TRIAL PROCEEDINGS, SECOND DAY, for date of 11-8-2012, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Gloria Smith, Telephone number 757-222-7074. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 1/18/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 3/19/2013.(stewart, jody) |
| Filing 107 TRANSCRIPT 0F TRIAL PROCEEDINGS, FIRST DAY, for date of 11-7-2012, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Gloria Smith, Telephone number 757-222-7074. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 1/18/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 3/19/2013.(stewart, jody) |
| Filing 106 STIPULATION of Dismissal Without Prejudice by Corbin Bernsen. (Baldridge, James) |
| Settlement Conference held on 11/8/2012 before Chief Judge Smith in Chambers. (sche) |
| Filing 105 Exhibit List. (sche) |
| Filing 104 Witness List. (sche) |
| Filing 103 JURY TRIAL (Day #2) held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. Matter came on for continuation of Jury Trial on 11/8/2012. Jurors, counsel and parties present. The court advised the jurors that the parties had resolved their differences in this matter. Jurors excused. Court adjourned. (sche) |
| Filing 102 Objection to 101 NOTICE to use special verdict form filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit A)(Paul, Dustin) |
ORAL ORDER granting 68 Motion in Limine (as to opening statements); denying 69 Motion in Limine; granting 73 Motion in Limine (as to opening statements), by District Judge Rebecca Beach Smith on November 7, 2012. (sche) Modified on 11/8/2012 to add wording "as to opening statements" (sche).
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| Filing 101 NOTICE by Corbin Bernsen Proposed Special Verdict Form (Baldridge, James) |
| Filing 100 JURY TRIAL (Day #1) held before District Judge Rebecca Beach Smith: Gloria Smith, OCR. James Baldridge and Danielle Foley present with plaintiff Corbin Bernsen. Richard Ottinger and Dustin Paul present on behalf of defendant.Voir Dire held on 11/7/2012. Jury Trial held on 11/7/2012. Petit jurors were sworn, examined on voir dire, and from said panel came a jury (10) who were duly sworn. Jurors not serving, excused subject to call. On motion, witnesses excluded. Out of the presence of the jury, the court ruled on the pending motions in limine. Motion in Limine (doc. #68), Granted; Motion in Limine (doc. #69), Denied; Motion in Limine (doc. #73), Granted. Opening statements of counsel heard. Evidence presented by plaintiff. Jury Trial continued to 11/8/2012 at 10:00 AM in Norfolk Courtroom 1 before District Judge Rebecca Beach Smith. Court adjourned. (sche) |
| TRIAL EXHIBITS received from Corbin Bernsen (3 large binders). (rsim, ) |
| TRIAL EXHIBIT received from Innovative Legal Marketing, LLC.(additional 2 binders with one large manilla envelope). (rsim, ) Modified on 11/6/2012 to correct party exhibits received from (rsim, ). |
| Filing 99 Letter requesting permission from the court to bring notebook computer to orientation. (Ottinger, Richard) |
| Filing 98 Letter Requesting Permission to Bring Laptop to 11/6/12 Orientation. (Baldridge, James) |
| TRIAL EXHIBITS received from Innovative Legal Marketing, LLC. (2 binders with 1 once copy)(rsim, ) |
| Filing 97 Letter re: 91 Letter requesting permission for use of electronics devices at trial (ldab, ) |
| Filing 96 Proposed Voir Dire by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
| Filing 95 Proposed Jury Instructions by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
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Filing 94
MEMORANDUM ORDER Granting re: 71 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert. Accordingly, Dinzler may not testify generally about the use of a spokesperson in advertising campaigns nor to how negative press coverage of the spokesperson unfavorably impacts consumers' impressions of products generally. Signed by Magistrate Judge Douglas E. Miller and filed on 10/31/12. (ldab, )
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Filing 93
FINAL PRETRIAL ORDER. Signed by Magistrate Judge Douglas E. Miller on 10/30/12 and filed 10/31/12. (ldab, )
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| Filing 92 Letter re: 90 Letter requesting permission to use the Court's evidence presentation system. (ldab, ) |
| Final Pretrial Conference concluded on 10/30/2012 via telephone before Magistrate Judge Douglas E. Miller. (lwoo) |
| Filing 91 Letter requesting permission for use of electronics devices at trial. (Ottinger, Richard) |
| Filing 90 Letter requesting permission to use the Court's evidence presentation system. (Baldridge, James) |
| Filing 89 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Telephone Conference held on 10/26/2012. Matter came on for telephone conference on motion in limine (#71) and to resolve some remaining issues from the final pretrial conference. Present by telephone were James Baldridge, Danielle Foley and Molley (Geissenhainer) Cusson on behalf of the plaintiff. Dustin Paul and Richard Ottinger present on behalf of the defendant. Counsel indicate they have no further argument to make regarding this motion and will rely on the briefs filed. The Court makes rulings on the record and grants the motion. A short order will enter. The parties go off the record to work further on the final pretrial conference. Motion hearing adjourned. (Court Reporter Heidi Jeffreys, OCR.)(cdod, ) |
| Reset Hearings: Final Pretrial Conference set for 10/30/2012 at 04:30 PM in Chambers before Magistrate Judge Douglas E. Miller. (cdod, ) |
| Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Final Pretrial Conference held on 10/26/2012. (cdod, ) |
| Filing 88 Proposed Voir Dire by Corbin Bernsen. (Baldridge, James) |
| Filing 87 Plaintiff's Proposed Jury Instructions by Corbin Bernsen. (Baldridge, James) |
| Filing 86 Plaintiff's Proposed Jury Instructions by Corbin Bernsen. (Baldridge, James) |
| Set Hearings Telephone Conference set for 10/26/2012 at 11:00 AM in Chambers before Magistrate Judge Douglas E. Miller. (cdod, ) |
| Final Pretrial Conference held on 10/18/2012 before Magistrate Judge Douglas E. Miller. (lwoo) |
| Filing 85 REPLY to Response to Motion re 71 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert filed by Corbin Bernsen. (Attachments: # 1 Exhibit)(Baldridge, James) |
| Filing 84 REPLY to Response to Motion re 73 MOTION in Limine to Exclude Evidence Regarding Bernsen's Appearance in a Skit filed by Corbin Bernsen. (Attachments: # 1 Exhibit, # 2 Exhibit)(Baldridge, James) |
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Filing 83
ORDER granting 78 Motion for Pro hac vice, Appointed Lauren Elise Ingebritson for Corbin Bernsen. Signed by District Judge Rebecca Beach Smith and filed on 10/10/12. (jcow, )
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| Filing 82 Memorandum in Opposition re 69 MOTION in Limine to Exclude Certain References to Corbin Bernsen's Character on "LA Law" filed by Corbin Bernsen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Baldridge, James) |
| Filing 81 Memorandum in Opposition re 68 MOTION in Limine to Exclude Reference to Randy Dinzler's Prior Fraud Conviction filed by Corbin Bernsen. (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)(Baldridge, James) |
| Filing 80 Objection to 71 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert filed by Innovative Legal Marketing, LLC. (Paul, Dustin) |
| Filing 79 Objection to 73 MOTION in Limine to Exclude Evidence Regarding Bernsen's Appearance in a Skit filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Paul, Dustin) |
| Filing 78 Motion to appear Pro Hac Vice by Lauren E. Ingebritson and Certification of Local Counsel J. Douglas Baldridge Filing fee $ 75, receipt number 0422-3236079. by Corbin Bernsen. (Baldridge, James) |
| Filing 77 Withdrawal of Motion by Corbin Bernsen re 70 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert (Baldridge, James) |
| Filing 76 Memorandum in Support re 75 MOTION in Limine to Exclude Evidence Regarding Bernsen's Other Income filed by Corbin Bernsen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Baldridge, James) |
| Filing 75 MOTION in Limine to Exclude Evidence Regarding Bernsen's Other Income by Corbin Bernsen. (Baldridge, James) |
| Filing 74 Memorandum in Support re 73 MOTION in Limine to Exclude Evidence Regarding Bernsen's Appearance in a Skit filed by Corbin Bernsen. (Attachments: # 1 Exhibit 1)(Baldridge, James) |
| Filing 73 MOTION in Limine to Exclude Evidence Regarding Bernsen's Appearance in a Skit by Corbin Bernsen. (Baldridge, James) |
| Filing 72 Memorandum in Support re 71 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert filed by Corbin Bernsen. (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)(Baldridge, James) |
| Filing 71 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert by Corbin Bernsen. (Baldridge, James) |
| Filing 70 MOTION in Limine to Exclude Any Purported Expert Testimony of Defendant's Proposed Expert by Corbin Bernsen. (Baldridge, James) |
| Filing 69 MOTION in Limine by Innovative Legal Marketing, LLC. (Paul, Dustin) |
| Filing 68 MOTION in Limine by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit)(Paul, Dustin) |
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Filing 67
MEMORANDUM OPINION re: 50 MOTION for Summary Judgment by Corbin Bernsen. Accordingly, Bernsen's Motion for Summary Judgment on ILM's Counterclaim is HELD IN ABEYANCE until trial. IT IS SO ORDERED. Signed by District Judge Rebecca Beach Smith and filed on 9/6/12. Copies distributed 9/7/12.(ldab, )
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Filing 66
ORDER Granting 65 Joint MOTION Entry of Agreed Pretrial Order. Signed by Magistrate Judge Douglas E. Miller and filed on 8/31/12. Copies distributed to all parties 8/31/12 (ldab, )
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| MOTION REFERRED to Magistrate Judge Douglas E. Miller. 65 Joint MOTION Entry of Agreed Pretrial Order (ldab, ) |
| Filing 65 Joint MOTION Entry of Agreed Pretrial Order by Corbin Bernsen. (Attachments: # 1 Proposed Order)(Geissenhainer, Molly) |
| Filing 64 TRANSCRIPT of proceedings for dates of July 25, 2012, before Judge Douglas E. Miller, Court Reporter/Transcriber Tami Tichenor, Telephone number 757 222-7078. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 9/20/2012. Redacted Transcript Deadline set for 10/22/2012. Release of Transcript Restriction set for 11/19/2012.(tichenor, tamora) |
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Filing 63
MEMORANDUM ORDER: Adopting in part Report and Recommendations re 45 Report and Recommendations.; granting in part and denying in part 18 Motion for Summary Judgment. The court, having examined Bernsen's Objection to the R&R, and having reviewed the record and made de novo findings with respect to the portion objected to, does hereby adopt and approve the findings and recommendations set forth in Sections A and C(2)-(5) of the R&R, concerning the morality clause in the Agreement and dismissal of Bernsen's unjust enrichment claim. The court does hereby modify the findings and recommendations set forth in Section C(l) of the R&R, concerning a conclusion of law on ILM's potential waiver of its rights under the Agreement, as discussed above. Accordingly, ILM's Motion for Summary Judgment is GRANTED in part and DENIED in part. The court finds as a matter of law that the language of the Agreement includes a morality clause; however, the court declines to find as a matter of law that ILM has not waived its rights under the Agreement, because a material fact remains in dispute, namely ILM's intent to waive. The court DENIES ILM's motion as to Bernsen's alleged breach of the morality clause, because material facts remain in dispute concerning Bernsen's conduct and waiver. Finally, the court GRANTS ILM's motion on Bernsen's claim for unjust enrichment, and DISMISSES that claim. The Clerk is DIRECTED to forward a copy of this Order to counsel for all parties. Signed by District Judge Rebecca Beach Smith and filed on 8/14/12. Copies distributed to all parties 8/15/12. (ldab, )
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| Filing 62 Request for Hearing by Corbin Bernsen re 50 MOTION for Summary Judgment (Geissenhainer, Molly) |
| Filing 61 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 7/25/2012 re 47 MOTION for Leave to File Supplement to Plaintiff's Motion to Compel filed by Corbin Bernsen, 32 MOTION to Compel filed by Corbin Bernsen. Molly Geissenhainer present on behalf of the plaintiff and Dustin Paul and Richard Ottinger present on behalf of the defendants. The Court indicates that the papers attached to motion (#47) have been reviewed in preparation for the hearing, therefore that motion has been GRANTED. The hearing proceeds with argument on #32. Ms. Geissenhainer argues and Mr. Paul responds. The Court makes rulings on the record. No order will be entered in this matter. Court adjourned. (Court Reporter Tami Tichenor, OCR.)(cdod, ) |
| Filing 60 Response to 57 Objection,,, filed by Innovative Legal Marketing, LLC. (Paul, Dustin) |
| Reset Hearings: Final Pretrial Conference set for 10/18/2012 at 02:00 PM in Chambers before Magistrate Judge Douglas E. Miller. (lwoo) |
| Filing 59 Reply to Motion re 47 MOTION for Leave to File Supplement to Plaintiff's Motion to Compel filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 58 Reply to Motion re 50 MOTION for Summary Judgment filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Jury Trial reset for 11/7/2012 at 11:00 AM in Norfolk (see Order dated June 22, 2012). (sche) |
| Filing 57 Objection to 45 REPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLCREPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLC filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 56 RESPONSE to Motion re 32 MOTION to Compel filed by Innovative Legal Marketing, LLC. (Paul, Dustin) |
| Filing 55 RESPONSE to Motion re 50 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Affidavit)(Paul, Dustin) |
| Motion Hearing as to 32 MOTION to Compel, 47 Motion for Leave set for 7/25/2012 at 02:00 PM in Norfolk Mag Courtroom 2 before Magistrate Judge Douglas E. Miller. (lwoo) Modified on 7/2/2012 to include Motion for Leave 47 (lwoo, ). NEF Regenerated. |
| Filing 54 REPLY to Response to Motion re 32 MOTION to Compel filed by Corbin Bernsen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Geissenhainer, Molly) |
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Filing 53
ORDER granting 29 Motion to Continue Trial Date. The parties are DIRECTED to contact the Calendar Clerk within ten (10) days of the date of this Order to set a new trial date, to commence on or before November 15, 2012. All other deadlines and dates previously set by the court remain in full force and effect. Signed by District Judge Rebecca Beach Smith and filed on 6/22/12. (mwin, )
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Filing 52
ORDER granting 38 Motion for Leave to File Supplimental Exhibit. Signed by Magistrate Judge Douglas E. Miller on June 22, 2012. (Miller, Douglas)
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| Filing 51 Memorandum in Support re 50 MOTION for Summary Judgment filed by Corbin Bernsen. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Geissenhainer, Molly) |
| Filing 50 MOTION for Summary Judgment by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 49 Request for Hearing by Corbin Bernsen re 32 MOTION to Compel (Geissenhainer, Molly) |
| Filing 48 Memorandum in Support re 47 MOTION for Leave to File Supplement to Plaintiff's Motion to Compel, 32 MOTION to Compel filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 47 MOTION for Leave to File Supplement to Plaintiff's Motion to Compel by Corbin Bernsen. (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Geissenhainer, Molly) |
| Filing 46 Clerk's Mailing Certificate (ldab, ) |
| Filing 45 REPORT AND RECOMMENDATIONS re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLC For the foregoing reasons, the undersigned recommends that the Court DENY the ILM's Motion for Summary Judgment in part and GRANT it part, finding as a matter of law that ILM has not waived its rights under the Agreement, and that the language of the Agreement includes a morality clause. However, because material facts remain in dispute concerning Bernsen's conduct, the undersigned recommends the Court DENY ILM's Motion as to Bernsen's alleged breach of the morality clause. Finally, the undersigned recommends that the Court GRANT ILM's Motion on Bernsen's claim for unjust enrichment and dismiss that claim. REVIEW PROCEDURE: By copy of this Report and Recommendation, the parties are notified that pursuant to 28 U.S.C. § 636(b)(1)(C): 1. Any party may serve upon the other party and file with the Clerk written objections to the foregoing findings and recommendations within fourteen (14) days from the date of mailing of this Report to the objecting party, 28 U.S.C. § 636 (b) (1) (C), computed pursuant to Rule 6 (a) of the Federal Rules of Civil Procedure. A party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. 2. A district judge shall make a de novo determination of those portions of this report or specified findings or recommendations to which objection is made. The parties are further notified that failure to file timely objections to the findings and recommendations set forth above will result in waiver of right to appeal from a judgment of this Court based on such findings and recommendations. Signed by Magistrate Judge Douglas E. Miller and filed on 6/20/12. Copies distributed to all parties 6/20/12.(ldab, ) |
| Filing 44 TRANSCRIPT of proceedings for dates of 06/05/2012, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 7/19/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 9/17/2012.(stewart, jody) |
| Filing 43 Memorandum in Opposition re 32 MOTION to Compel filed by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
| Filing 42 Request for Hearing by Corbin Bernsen re 29 MOTION to Continue Trial Date (Geissenhainer, Molly) |
| Filing 41 NOTICE by Corbin Bernsen of Consent to Proceed Before a United States Magistrate Judge (Attachments: # 1 Exhibit Consent to Proceed Before a United States Magistrate Judge)(Geissenhainer, Molly) |
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Filing 40
ORDER Granting 35 Motion for Extension of Time to Complete Discovery It is hereby ORDERED that, pursuant to the agreement of counsel, ILM's June 12, 2012 discovery deadline is hereby extended to June 18, 2012 for the purposes of taking the deposition of Steven Blatt. The parties agree that ILM's discovery deadline is extended to accommodate the schedule of Mr. Blatt. Signed by Magistrate Judge Douglas E. Miller and filed on 6/13/12. Copies distributed 6/14/12. (ldab, )
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| Filing 39 Memorandum in Support re 38 MOTION for Leave to File Supplement to Bernsen's Summary Judgment Supplement filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 38 MOTION for Leave to File Supplement to Bernsen's Summary Judgment Supplement by Corbin Bernsen. (Attachments: # 1 Exhibit Parker Deposition Rough Transcript)(Geissenhainer, Molly) |
| Filing 37 REPLY to Response to Motion re 29 MOTION to Continue Trial Date filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 36 Opposition to 29 Motion to Continue filed by Innovative Legal Marketing, LLC. (Paul, Dustin) |
| Filing 35 Joint MOTION for Extension of Time to Complete Discovery by Innovative Legal Marketing, LLC. (Attachments: # 1 Proposed Order)(Paul, Dustin) |
| MOTIONS REFERRED to Magistrate Judge: 35 Joint MOTION for Extension of Time to Complete Discovery (ldab, ) |
| Filing 34 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller; Jody Stewart, OCR. Matter came on for hearing on defendants motion for summary judgment (ECF #18). Appearances by James Baldridge for plaintiff and Dustin Paul and Richard Ottinger for defendants.Argument.Comments and questions of court. Further argument. Opposition. Rebuttal. Court takes matter under advisement and will prepare R&R. Court in recess. (afor) |
| Filing 33 Memorandum in Support re 32 MOTION to Compel filed by Corbin Bernsen. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Attachment A, # 3 Exhibit Attachment B, # 4 Exhibit Attachment C, # 5 Exhibit Attachment D, # 6 Exhibit Attachment E, # 7 Exhibit Attachment F, # 8 Exhibit Attachment G, # 9 Exhibit Attachment H (part 1 of 2), # 10 Exhibit Attachment H (part 2 of 2), # 11 Exhibit Attachment I, # 12 Exhibit Attachment J, # 13 Exhibit Attachment K, # 14 Exhibit Attachment L, # 15 Exhibit Attachment M, # 16 Exhibit Attachment N, # 17 Exhibit Attachment O (part 1 of 2), # 18 Exhibit Attachment O (part 2 of 2), # 19 Exhibit Attachment P, # 20 Exhibit Attachment Q, # 21 Exhibit Attachment R, # 22 Exhibit Attachment S, # 23 Exhibit Attachment T)(Geissenhainer, Molly) |
| Filing 32 MOTION to Compel by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 31 Memorandum Bernsen's Summary Judgment Supplement to 24 Memorandum in Opposition, 28 Order on Motion for Summary Judgment,,, filed by Corbin Bernsen. (Attachments: # 1 Exhibit Ex. 1 Johnson (part 1 of 2), # 2 Exhibit Ex. 1 Johnson (part 2 of 2), # 3 Exhibit Ex. 2 Bernsen, # 4 Exhibit Ex. 3 Dinzler, # 5 Exhibit Ex. 4 Bell Hughes & Coleman, # 6 Exhibit Ex. 5 James, # 7 Exhibit Ex. 6 Greve (part 1 of 2), # 8 Exhibit Ex. 6 Greve (part 2 of 2), # 9 Exhibit Ex. 7 Marcari, # 10 Exhibit Ex. 8 Munley)(Geissenhainer, Molly) |
| Filing 30 Memorandum in Support re 29 MOTION to Continue Trial Date filed by Corbin Bernsen. (Geissenhainer, Molly) |
| Filing 29 MOTION to Continue Trial Date by Corbin Bernsen. (Geissenhainer, Molly) |
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Filing 28
ORDER re: 18 Motion for Summary Judgment & 26 Request for Hearing by Corbin Bernsen, Innovative Legal Marketing, LLC.After consultation with the parties, oral argument on Defendant's Motion for Summary Judgment is set before the undersigned for June 5, 2012 at 11:00 a.m. In addition, as a result of additional discovery completed by the parties, Plaintiff has requested leave to supplement its Opposition to the Motion for Summary Judgment with newly discovered information and Defendant has requested leave to supplement its Reply thereto. Accordingly, both parties' Motion for Leave to Supplement is GRANTED in part. Each party may file supplemental exhibits and a brief explanatory memorandum of no more than five pages. All supplemental briefs and exhibits shall be electronically filed by 10:00 a.m. on June 4,2012. Signed by Magistrate Judge Douglas E. Miller and filed on 5/23/12. Copies distributed to all parties 5/23/12. (ldab, )
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| Set/Reset Deadlines as to 18 MOTION for Summary Judgment. Motion Hearing set for 6/5/2012 at 11:00 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Douglas E. Miller. (afor, ) |
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Filing 27
REFERRAL ORDER - 18 Motion for Summary Judgment. Accordingly, pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), it is ORDERED that United States Magistrate Judge Douglas E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion for Summary Judgment. The magistrate judge shall file his report of proposed findings and recommendations with the court, and the clerk shall forthwith forward copies to counsel for the parties. Within fourteen (14) days after being served with a copy of the magistrate judge's report, any party may serve and file written objections to such proposed findings and recommendations as provided by 28 U.S.C. § 636 (b), Federal Rule of Civil Procedure 72 (b), and the Local Rules of this court. A party may respond to another party's objections within fourteen (14) days after being served with a copy. Signed by District Judge Rebecca Beach Smith and filed on 5/18/12. Copies distributed as directed on 5/18/12. (ldab, )
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| Filing 26 Request for Hearing by Corbin Bernsen, Innovative Legal Marketing, LLC (Geissenhainer, Molly) |
| Filing 25 REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit Exhibit 1)(Paul, Dustin) |
| Filing 24 Memorandum in Opposition re 18 MOTION for Summary Judgment filed by Corbin Bernsen. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Baldridge, James) |
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Filing 23
ORDER Granting 22 Joint Motion Entry of Agreed Discovery Order by Corbin Bernsen.. It is hereby ORDERED that, pursuant to the agreement of counsel, Plaintiff Corbin Bernsen's May 15, 2012 discovery deadline is hereby extended to June 12, 2012 for the purposes of taking depositions. The parties agree that Plaintiffs discovery deadline is extended due to the unavailability of Defendant Innovative Legal Marketing, LLC's witnesses Brien Johnson, Randy Dinzler, and Jerry Parker prior to May 15, 2012 It is hereby ORDERED that Randy Dinzler will appear for deposition on May 29, 2012 at 9:00 a.m. at the offices of Vandeventer Black, LLP, 101 West Main Street, Suite 500, World Trade Center, Norfolk, VA 23510. It is hereby ORDERED that Brien Johnson, individually and on behalf of Defendant, will appear for deposition on May 30, 2012 at 9:00 a.m. at the offices of Vandeventer Black, LLP, 101 West Main Street, Suite 500, World Trade Center, Norfolk, VA 23510. It is hereby ORDERED that Jerry Parker will appear for deposition on June 12, 2012 at 9:00 a.m. at the offices of Prose Premier Executive Center- Fort Myers, 5237 Summerlin Commons, Fort Myers, FL 33907, pursuant to the valid subpoena served on April 4, 2012. The parties have agreed, however, to continue to discuss an alternate location for this deposition. It is hereby ORDERED that, pursuant to the agreement of counsel, Randy Dinzler has been served with a valid subpoena for the production of documents and will produce all documents requested in the subpoena via email, on compact disc, or via overnight mail sent to Venable LLP, 575 7th Street, N.W., Washington, D.C. 20004 on or before May 18, 2012. Signed by Magistrate Judge Douglas E. Miller and filed on 5/9/12. Copies distributed 5/10/12. (ldab, )
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| Filing 22 Joint MOTION Entry of Agreed Discovery Order by Corbin Bernsen. (Attachments: # 1 Proposed Order Agreed Discovery Order)(Geissenhainer, Molly) |
| Set Hearings Telephone Conference set for 5/9/2012 at 03:30 PM in Chambers before Magistrate Judge Douglas E. Miller. (cdod, ) |
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Filing 21
ORDER Granting 20 Motion for Pro hac vice Appointed Danielle R Foley for Corbin Bernsen. Signed by District Judge Rebecca Beach Smith on 5/2/12 and filed 5/3/12. (ldab, )
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| Filing 20 Motion to appear Pro Hac Vice by Danielle R. Foley and Certification of Local Counsel J. Douglas Baldridge Filing fee $ 75, receipt number 0422-3019339. by Corbin Bernsen. (Baldridge, James) |
| Received exhibits 4 and 11 to document number 18 , motion for summary judgment. Both exhibits are on CD discs. (jcow, ) |
| Filing 19 Memorandum, Memorandum in Support re 18 MOTION for Summary Judgment filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Paul, Dustin) |
| Filing 18 MOTION for Summary Judgment by Innovative Legal Marketing, LLC. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Paul, Dustin) |
|
Filing 17
ORDER Granting 16 Motion for Protective Order. Signed by Magistrate Judge Douglas E. Miller and filed on 4/13/12. Copies distributed 4/16/12 (ldab, )
|
| Filing 16 MOTION for Protective Order by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit Proposed Protective Order)(Paul, Dustin) |
| Filing 15 Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 7/6/2012 at 10:00 AM in Norfolk. Jury Trial is set for 7/24/2012 at 11:00 AM in Norfolk. Signed by District Judge Rebecca Beach Smith on January 10, 2012 and filed on January 11, 2012. (sche) |
| Scheduling Conference - Rule 16b held on 1/10/2012. (sche) |
| Filing 14 NOTICE of Appearance by James Douglas Baldridge on behalf of Corbin Bernsen (Baldridge, James) |
| Rule 16b Scheduling Conference reset for 1/10/2012 at 09:00 AM (sche) |
|
Filing 13
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 1/9/2012 at 10:00 AM in Norfolk Conference Room (outside Mag 2). Signed by Magistrate Judge Douglas E. Miller on 12/9/11 and filed 12/12/11. (lbax, )
|
| Refer for 16(b) (ldab, ) |
| Filing 12 CERTIFICATE of Service Corrected re 11 Answer to Counterclaim by James Douglas Baldridge on behalf of Corbin Bernsen (Baldridge, James) |
| Filing 11 ANSWER to Counterclaim re 7 Answer to Complaint, Counterclaim by Corbin Bernsen. (Baldridge, James) |
|
Filing 10
ORDER Granting re 8 MOTION to Accept Filing of Answer and Counterclaim It is ADJUDGED, ORDERED and DECREED that Defendant's Motion for Enlargement of Time to file its responsive pleadings on or before November 9, 2011 is hereby GRANTED.. Signed by District Judge Rebecca Beach Smith on 11/30/11 nunc pro tunc 11/09/11. Copies mailed 11/30/11.(ldab, )
|
| Notice of Correction re 11 Answer to Counterclaim The signature block on the certificate of service does not match the filing user's login. The filing user has been notified and has been asked to refile the certificate of service with their signature block linking the certificate of service to document 11 .(ldab, ) |
| Filing 9 Memorandum in Support re 8 MOTION to Accept Filing of Answer and Counterclaim re 7 Answer to Complaint, Counterclaim filed by Innovative Legal Marketing, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order (Ottinger, Richard) |
| Filing 8 MOTION to Accept Filing of Answer and Counterclaim re 7 Answer to Complaint, Counterclaim by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
| Notice of Correction re 7 Answer to Complaint, Counterclaim Document number 7 was filed without leave of court to file the document. This answer is noted Subject to Defect. Corrective action is required.(ldab, ) |
| Filing 7 ANSWER to 1 Complaint and, COUNTERCLAIM against Corbin Bernsen by Innovative Legal Marketing, LLC.(Ottinger, Richard) Modified on 11/18/2011 Filed Subject to Defect(ldab, ). |
| Filing 6 NOTICE of Appearance by Dustin Mitchell Paul on behalf of Innovative Legal Marketing, LLC (Paul, Dustin) |
| Filing 5 Financial Interest Disclosure Statement (Local Rule 7.1) by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
| Filing 4 MOTION for Extension of Time to File Answer re 1 Complaint by Innovative Legal Marketing, LLC. (Ottinger, Richard) |
| Filing 3 SUMMONS Returned Executed, Innovative Legal Marketing, LLC served on 10/12/2011 (jcow, ) |
| Filing 2 Summons Issued, orig. and 1 copy, as to Innovative Legal Marketing, LLC. Clerk called plaintiff's counsel, as requested, to advise summons pkg. ready to be picked up. (Attachments: # 1 Magistrate Judge Notice and Judge's Information)(ecav, ) |
| Filing 1 COMPLAINT against Innovative Legal Marketing, LLC ( Filing fee $ 350 receipt number 24683013190.6), filed by Crobin Bernsen. (Attachments: # 1 Exhibit 1, # 2 Receipt, # 3 Civil Cover Sheet)(ecav, ) |
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| Plaintiff: Corbin Bernsen | |
| Represented By: | James Douglas Baldridge |
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| Defendant: Innovative Legal Marketing, LLC | |
| Represented By: | Richard Hooper Ottinger |
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