Erdberg v. On Line Information Services Inc
Plaintiff: Mark Erdberg
Defendant: On Line Information Services Inc and Rich Hobson
Case Number: 2:2012cv03883
Filed: November 16, 2012
Court: US District Court for the Northern District of Alabama
Office: Southern Office
County: Jefferson
Presiding Judge: R David Proctor
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 10, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2013 Opinion or Order Filing 60 ORDER denying #55 Motion to Alter or Amend. Signed by Judge R David Proctor on 12/10/2013. (AVC)
December 10, 2013 Opinion or Order Filing 59 ORDER denying #50 Motion for Attorney Fees. Signed by Judge R David Proctor on 12/10/2013. (AVC)
November 15, 2013 Opinion or Order Filing 58 REPLY to Opposition to Motion to Alter and Amend #57 filed by Mark Erdberg. (Evans, G)
November 12, 2013 Opinion or Order Filing 57 RESPONSE to Motion to Alter or Amend #55 filed by Rich Hobson, On Line Information Services Inc. (Lembke, Matthew)
November 7, 2013 Opinion or Order Filing 56 TEXT ORDER -This matter is before the court on Plaintiff's Motion to Alter or Amend (Doc. # 55), filed November 6, 2013. The parties are reminded to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order (Doc. # 12). Signed by Judge R David Proctor on 11/7/2013. (AVC)
November 6, 2013 Opinion or Order Filing 55 MOTION to Alter and Amend by Mark Erdberg. (Evans, G)
October 30, 2013 Opinion or Order Filing 54 REPLY Brief filed by Defendant On Line Information Services Inc re: #50 PETITION for Attorneys' Fees filed by On Line Information Services Inc. (Lembke, Matthew)
October 30, 2013 Opinion or Order Filing 53 RESPONSE to Motion re #50 PETITION for Attorneys' Fees RESPONSE TO ON-LINES PETITION FOR ATTORNEY FEES filed by Mark Erdberg. (Evans, G)
October 25, 2013 Opinion or Order Filing 52 TEXT ORDER - This matter is before the court on Defendant's Petition for Attorneys' Fees (Doc. # 50), filed October 23, 2013. The parties are REMINDED to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order (Doc. # 12). Signed by Judge R David Proctor on 10/25/13. (SFR, )
October 25, 2013 Opinion or Order Filing 51 TEXT ORDER -This matter is before the court on Defendant's Petition for Attorneys' Fees (Doc. # 50), filed October 23, 2013. The parties are reminded to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order (Doc. # 12). Signed by Judge R David Proctor on 10/25/2013. (AVC)
October 23, 2013 Opinion or Order Filing 50 PETITION for Attorneys' Fees by On Line Information Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lembke, Matthew)
October 9, 2013 Opinion or Order Filing 49 ORDER OF DISMISSAL-re: Motions #35 & #38 . The motions are GRANTED IN PART. Counts One through Four of Pltf's Amended Complaint are DISMISSED WITH PREJUDICE. Counts Five and Six are DISMISSED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 10/9/2013. (AVC)
October 9, 2013 Opinion or Order Filing 48 MEMORANDUM OPINION-re: Motion to Dismiss Plaintiff's Amended Complaint #35 and Motion to Dismiss the Amended Complaint or, in the Alternative, to Stirke Class Allegations or, in the further alternative, for a More Definite Statement #38 . Signed by Judge R David Proctor on 10/9/2013. (AVC)
October 3, 2013 Opinion or Order Filing 47 NOTICE of Appearance by Laura E Howell on behalf of Rich Hobson (Howell, Laura)
October 3, 2013 Opinion or Order Filing 46 TEXT ORDER - This matter is before the court on Plaintiff's Motion to Allow Rule 26 Planning and Commencement of Discovery(Doc. # 44). Defendants oppose Plaintiff's Motion (Doc. # 45). The Motion (Doc. # 44) is DENIED. The Rule 26 planning meeting and discovery remain STAYED. The parties SHALL file the required Rule 26 report within fourteen (14) days of a ruling on Defendants' pending Motions to Dismiss, if necessary. Signed by Judge R David Proctor on 10/3/2013. (AVC)
October 3, 2013 Opinion or Order Filing 45 RESPONSE in Opposition re #44 MOTION to Allow Rule 26 Planning and Commencement of Discovery filed by Rich Hobson, On Line Information Services Inc. (Lembke, Matthew)
October 2, 2013 Opinion or Order Filing 44 MOTION to Allow Rule 26 Planning and Commencement of Discovery by Mark Erdberg. (Evans, G) Modified on 10/2/2013 (AVC).
August 12, 2013 Opinion or Order Filing 43 REPLY to Response to Motion re #38 MOTION to Dismiss Amended Complaint or to Strike Class Allegations or for a More Definite Statement filed by Rich Hobson. (Parker, William)
August 7, 2013 Opinion or Order Filing 42 RESPONSE to Motion re #38 MOTION to Dismiss Amended Complaint PLAINTIFFS RESPONSIVE SUBMISSION IN RESPONSE TO EXHIBIT B OF THE COURT'S ORDER IN RESPONSE TO AOCS MOTION TO DISMISS AMENDED COMPLAINT filed by Mark Erdberg. (Evans, G)
August 5, 2013 Opinion or Order Filing 41 REPLY Brief filed by Defendant On Line Information Services Inc re: #35 MOTION to Dismiss Plaintiff's Amended Complaint or, In Alternative, to Strike Class Allegations or, in Further Alternative, For a More Definite Statement (OPPOSED) filed by On Line Information Services Inc. (Lembke, Matthew)
August 1, 2013 Opinion or Order Filing 40 RESPONSIVE Submission re: Motion to Dismiss Amended Complaint #35 filed by Mark Erdberg. (Evans, G) Modified on 8/2/2013 (AVC).
August 1, 2013 Opinion or Order Filing 39 TEXT ORDER - This matter is before the court on Defendant Rich Hobson's Motion to Dismiss the Amended Complaint or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement (Doc. # 38), filed July 31, 2013. The parties are REMINDED to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order (Doc. # 12). Signed by Judge R David Proctor on 08/01/13. (SFR, )
July 31, 2013 Opinion or Order Filing 38 MOTION to Dismiss Amended Complaint by Rich Hobson. (Attachments: #1 Exhibit A - Administrative Order Regarding Electronic Filing)(Parker, William)
July 25, 2013 Opinion or Order Filing 37 TEXT ORDER -This matter is before the court on Defendant On-Line Information Service, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement (Doc. # 9), filed July 25, 2013. The parties are REMINDED to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order (Doc. # 12). Signed by Judge R David Proctor on 12-3883. (AVC)
July 25, 2013 Opinion or Order Filing 36 Brief re #35 MOTION to Dismiss Plaintiff's Amended Complaint or, In Alternative, to Strike Class Allegations or, in Further Alternative, For a More Definite Statement (OPPOSED) filed by On Line Information Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lembke, Matthew)
July 25, 2013 Opinion or Order Filing 35 MOTION to Dismiss Plaintiff's Amended Complaint or, In Alternative, to Strike Class Allegations or, in Further Alternative, For a More Definite Statement (OPPOSED) by On Line Information Services Inc. (Lembke, Matthew)
July 12, 2013 Opinion or Order Filing 34 SUMMONS Returned Executed Rich Hobson served on 7/10/2013, answer due 7/31/2013. (AVC)
July 8, 2013 Opinion or Order Filing 33 Summons Issued as to Rich Hobson; mailed certified mail. (AVC)
July 8, 2013 Opinion or Order Filing 32 AMENDED COMPLAINT against On Line Information Services Inc, Rich Hobson, filed by Mark Erdberg.(Evans, G)
July 3, 2013 Opinion or Order Filing 31 ORDER granting Motion to Amend Complaint #25 . Because the original complaint is no longer the operative Complaint, Dft's Motion to Dismiss or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement #9 is ADMINISTRATIVELY TERMINATED. Signed by Judge R David Proctor on 7/3/2013. (AVC)
June 21, 2013 Opinion or Order Filing 30 RESPONSE to Opposition to Motion to Amend Complaint #29 filed by Mark Erdberg. (Evans, G) Modified on 6/21/2013 (AVC).
June 18, 2013 Opinion or Order Filing 29 OPPOSITION to Motion for Leave to Amend the Complaint #25 filed by On Line Information Services Inc. (Attachments: #1 Exhibit 1)(Lembke, Matthew) Modified on 6/21/2013 (AVC).
June 17, 2013 Opinion or Order Filing 28 TEXT ORDER- This matter is before the court on Defendant's Motion to Suspend Briefing Schedule on Motion to Dismiss (Doc. # 27). For good cause shown, the Motion to Suspend Briefing (Doc. # 27) is GRANTED. If Plaintiff is denied leave to amend, final briefs on the Motion to Dismiss will be due three days following the Court's decision. Signed by Judge R David Proctor on 6/17/2013. (AVC)
June 17, 2013 Opinion or Order Filing 27 MOTION to Suspend Briefing Schedule on Motion to Dismiss Plaintiff's Complaint or, in the Alternative, to Strike Class Allegations or, in the Further Alternative, for a More Definite Statement #9 by On Line Information Services Inc. (Lembke, Matthew) Modified on 6/17/2013 (AVC).
June 14, 2013 Opinion or Order Filing 26 SUPPLEMENTAL SUBMISSION in Response to Court's June 6th Order filed by Mark Erdberg. (Evans, G) Modified on 6/17/2013 (AVC).
June 14, 2013 Opinion or Order Filing 25 MOTION to Amend Complaint by Mark Erdberg. (Evans, G) Modified on 6/17/2013 (AVC).
June 14, 2013 Opinion or Order Filing 24 RESPONSE in Support re #9 MOTION to Dismiss Plaintiff's Complaint or, In The Alternative, To Strike Class Allegations or, In the Further Alternative, for a More Definite Statement filed by On Line Information Services Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lembke, Matthew)
June 10, 2013 Opinion or Order Filing 23 Evidentiary Material re: 22 Order,,,, Evidentiary Material Submitted in Response to the Court's June 6, 2013 Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lembke, Matthew)
June 6, 2013 Opinion or Order Filing 22 TEXT ORDER -This matter is before the court on Defendant's Motion to Dismiss or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement (Doc. # 9) and supplemental letters from counsel following the June 4, 2013, hearing. As a result of matters discussed at the hearing and issues raised in counsel's correspondence, it is ORDERED as follows: (1) on or before June 10, 2013, Defendant SHALL file copies of all relevant contracts between Defendant and the Alabama Administrative Office of Courts addressing Defendant's operation of alapay and alacourt; (2) on or before June 14, 2013, the parties may file simultaneous supplemental briefs limited to fifteen (15) pages; and (3) on or before June 19, 2013, the parties may file simultaneous responsive briefs limited to ten (10) pages. Upon receipt of these submissions, the court will determine whether further argument is warranted. Signed by Judge R David Proctor on 6/5/2013. (AVC)
June 4, 2013 Opinion or Order Minute Entry for proceedings held before Judge R David Proctor: Oral argument held on 6/4/2013 re #9 MOTION to Dismiss Plaintiff's Complaint or, In The Alternative, To Strike Class Allegations or, In the Further Alternative, for a More Definite Statement filed by On Line Information Services Inc. The court will take the motion under advisement. (Court Reporter Anita McCorvey.) (KLL)
April 19, 2013 Opinion or Order ORDER Setting Hearing on Motion #9 : This matter is before the court on Defendant's Motion to Dismiss or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement (Doc. # 9). The Motion (Doc. # 9) is SET for hearing on Tuesday, June 4, 2013 at 9:00 a.m. in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North. A court reporter will be present. Signed by Judge R David Proctor on 4/19/13. (ASL)
March 5, 2013 Opinion or Order Filing 21 TEXT ORDER- This matter is before the court on Defendant's Opposed Motion to Extend Deadline for Rule 26 Conference (Doc. # 20), filed March 4, 2013. For good cause shown, the Motion (Doc. # 20) is GRANTED. The parties' obligation to conduct the Rule 26 planning meeting is STAYED. The parties SHALL file the required Rule 26 report within fourteen (14) days of a ruling on Defendant's pending Motion to Dismiss, if necessary. Signed by Judge R David Proctor on 3/5/2013. (AVC)
March 4, 2013 Opinion or Order Filing 20 Opposed MOTION to Extend Deadline for Rule 26 Conference by On Line Information Services Inc. (Lembke, Matthew) Modified on 3/4/2013 (AVC).
February 21, 2013 Opinion or Order Filing 19 SUPPLEMENTAL Reply Brief in Support of Motion to Dismiss Plaintiff's Complaint or, in the Alternative to Strike Class Allegation or, in the Further Alternative, for a More Definite Statement #9 filed by On Line Information Services Inc. (Lembke, Matthew) Modified on 2/21/2013 (AVC).
February 19, 2013 Opinion or Order Filing 18 SUPPLEMENTAL Submission in Response to Motion to Dismiss #9 filed by Mark Erdberg. (Evans, G) Modified on 2/20/2013 (AVC).
February 12, 2013 Opinion or Order Filing 17 REPLY Brief re: Motion to Dismiss Plaintiff's Complaint or, in the Alternative, to Strike Class Allegations or, in the Further Alternative, for a More Definite Statement #9 filed by On Line Information Services Inc. (Lembke, Matthew) Modified on 2/12/2013 (AVC).
February 7, 2013 Opinion or Order Filing 16 TEXT ORDER- This matter is before the court on Defendant's Unopposed Motion for Extension of Time to File Reply Brief (Doc. # 15), filed February 6, 2013. For good cause shown, the Motion (Doc. # 15) is GRANTED. Defendant SHALL file its reply brief on or before February 12, 2013. Signed by Judge R David Proctor on 2/7/2013. (AVC)
February 6, 2013 Opinion or Order Filing 15 Unopposed MOTION for Extension of Time to File Reply Brief in Support of Motion to Dismiss Plaintiff's Complaint or, in the Alternative, to Strike Class Allegations or, in the Further Alternative, for a More Definite Statement #9 by On Line Information Services Inc. (Lembke, Matthew) Modified on 2/6/2013 (AVC).
February 5, 2013 Opinion or Order Filing 14 RESPONSIVE Submission in Response to Exhibit B of the Court's Order in Response to Motion to Dismiss #9 filed by Mark Erdberg. (Evans, G) Modified on 2/6/2013 (AVC).
February 1, 2013 Opinion or Order Filing 13 TEXT ORDER- This matter is before the court on Defendant's Motion to Dismiss or, in the alternative, to Strike Class Allegations or, in the further alternative, for a More Definite Statement (Doc. # 9), filed January 29, 2013. The parties are reminded to brief the Motion in accordance with Exhibit B attached to the court's January 30, 2013 Initial Order. Signed by Judge R David Proctor on 2/1/2013. (AVC)
January 30, 2013 Opinion or Order Filing 12 INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and Local Rule LR26.1(d) - with appendices attached. Signed by Judge R David Proctor on 1/30/2013. (AVC)
January 29, 2013 Opinion or Order Filing 11 Corporate Disclosure Statement by On Line Information Services Inc. (Lembke, Matthew) Modified on 1/29/2013 (AVC).
January 29, 2013 Opinion or Order Filing 10 Brief in Support of MOTION to Dismiss Plaintiff's Complaint or, In The Alternative, To Strike Class Allegations or, In the Further Alternative, for a More Definite Statement #9 filed by On Line Information Services Inc. (Attachments: #1 Exhibit A)(Lembke, Matthew) Modified on 1/29/2013 (AVC).
January 29, 2013 Opinion or Order Filing 9 MOTION to Dismiss Plaintiff's Complaint or, In The Alternative, To Strike Class Allegations or, In the Further Alternative, for a More Definite Statement by On Line Information Services Inc. (Lembke, Matthew) Modified on 1/29/2013 (AVC).
January 11, 2013 Opinion or Order Filing 8 SUMMONS Returned Executed by Mark Erdberg. On Line Information Services Inc served on 1/9/2013, answer due 1/30/2013. (Evans, G)
January 8, 2013 Opinion or Order Filing 7 Summons Reissued as to On Line Information Services Inc; returned to plaintiff for service. (AVC)
January 8, 2013 Opinion or Order Filing 6 Summons Returned Unexecuted as to On Line Information Services Inc. (AVC)
November 27, 2012 Opinion or Order Filing 5 Summons Reissued as to On Line Information Services Inc; mailed certified mail. (AVC)
November 26, 2012 Opinion or Order Filing 4 Summons Returned Unexecuted as to On Line Information Services Inc. (JLC)
November 19, 2012 Opinion or Order Case Reassigned to Judge R David Proctor. Judge James H Hancock no longer assigned to the case. (KAM)
November 16, 2012 Opinion or Order Filing 3 Summons Issued as to On Line Information Services Inc; mailed certified mail. (AVC)
November 16, 2012 Opinion or Order Filing 2 Request for service by certified mail filed by Mark Erdberg. (AVC)
November 16, 2012 Opinion or Order Filing 1 COMPLAINT against On Line Information Services Inc (Filing fee $350 Receipt# B4601038899), filed by Mark Erdberg.(AVC)

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Plaintiff: Mark Erdberg
Represented By: Alexandria Parrish
Represented By: D Lee Hodges
Represented By: G Daniel Evans
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Defendant: On Line Information Services Inc
Represented By: Matthew H Lembke
Represented By: Mary Ann Couch
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Defendant: Rich Hobson
Represented By: William G Parker, Jr
Represented By: Laura E Howell
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