Federal Trade Commission v. Tate's Auto Center of Winslow Incorporation et al
| Federal Trade Commission |
| Tates Automotive Incorporation, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Winslow Incorporation, Richard Berry, Linda Tate, Tate's Auto Center of Gallup Incorporated and Tate Ford Lincoln Mercury Incorporated a Delaware corporation doing business as Tate's Auto Center |
| Capital One Auto Finance Incorporated and Santander Consumer USA Incorporated |
| 3:2018cv08176 |
| July 31, 2018 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Navajo |
| Diane J Humetewa |
| Other Statutes: Commerce |
| 15 U.S.C. § 0053 |
| None |
Docket Report
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Filing 188
ORDER extending the deadline for the parties' Stipulation to Dismiss to July 19, 2021. If a Stipulation has not been filed, the parties shall file on that date a Status Report stating good cause. Signed by Judge Diane J Humetewa on 6/17/2021. (LFIG)
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| Filing 187 NOTICE re: Joint Status Update by Federal Trade Commission re: #186 Order, Set Deadlines . (Takagi, Naomi) |
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Filing 186
ORDER that this case will remain stayed. The parties shall submit a Stipulation to Dismiss by June 18, 2021. If a Stipulation to Dismiss is not filed by that date, the parties shall submit an updated Status Report. Signed by Judge Diane J Humetewa on 5/3/2021. (LFIG)
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| Filing 185 NOTICE re: Joint Status Update Regarding Settlement by Federal Trade Commission re: #183 Order, Set/Reset Deadlines/Hearings, Terminate Motions, Terminate Hearings . (Takagi, Naomi) |
| Filing 184 MINUTE ORDER: Counsel have notified the Court that the additional settlement conference session is not needed. The Court therefore vacates the additional settlement conference session set for Wednesday, April 28, 2021, at 2:30 p.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
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Filing 183
ORDER that the parties' Joint Stipulation to Stay Case (Doc. #181 ) is granted. All proceedings in this matter shall be stayed. ORDERED vacating the Final Pretrial Conference scheduled for May 25, 2021. IT IS FURTHER ORDERED that the parties shall file a status update, which shall include an estimated date by which the FTC will approve or deny the settlement, no later than April 29, 2021. Signed by Judge Diane J Humetewa on 4/23/2021. (LFIG)
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| Filing 181 Joint MOTION to Stay to Consider Settlement Agreement by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Takagi, Naomi) |
| Filing 182 MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Settlement Conference held on 4/22/2021. Settlement conference conducted by videoteleconference. The parties reached a settlement subject to FTC approval and need additional time to draft the settlement documents to be submitted to FTC for approval. Additional settlement conference session to address any issues regarding the settlement documents that may arise is set for Wednesday, April 28, 2021 at 2:30 p.m. to be conducted by Judge Fine via videoteleconference. If the parties finalize settlement documents for FTC approval before the additional settlement conference session and agree that the additional settlement conference session is not necessary, counsel shall promptly email Judge Fine's chambers and the session will be vacated by minute entry. APPEARANCES: For Plaintiff Federal Trade Commission: Naomi Takagi, Gregory Ashe, Francis Conlon, Daniel O Hanks and Kimberly Nelson, Bankruptcy Counsel for FTC. For Defendants: Richard Berry and Linda Tate with counsel Andreas Daniel Coumides, Kent Cammack, Cary Forester (personal counsel for Linda Tate), and James Cross (counsel for Richard Berry in bankruptcy proceedings). Also in attendance for Federated Mutual were Thomas Crouch (coverage counsel) and Lori Morthew (adjustor). Settlement Conference set for 4/28/2021 at 02:30 PM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Deborah M Fine. Hearing held 10:00 am to 5:22 pm. (Hearing not recorded) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 180 MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Status Hearing re: Settlement Conference held on 4/2/2021. Settlement Conference procedures discussed. Federal Trade Commission counsel will be the party representatives for Plaintiff at the conference. Defense counsel and an insurance claim representative with Federated Insurance will be the party representatives for defense. The Court affirms the Settlement Conference on 4/22/21. APPEARANCES: Telephonic appearances by Gregory Ashe, Francis Conlon, Daniel Hanks, Naomi Takagi for Plaintiff. Telephonic appearances by Kent Cammack, Andreas Coumides, for Defendants. Telephonic appearances by additional attendees:James Cross, Cary Forester and Kimberly Nelson. (Recorded by COURTSMART.) Hearing held 10:11 am to 10:42 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
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Filing 179
NOTICE AND ORDER - Telephonic Status Conference is set on Friday, April 2, 2021, at 10:00 a.m. before United States Magistrate Judge Deborah M. Fine, 602-322-7630. All counsel who will participate in the Settlement Conference shall participate in the Telephonic Status Conference. All parties and their counsel who are responsible for the case SHALL appear before the undersigned Settlement Judge, 401 W. Washington St., Courtroom 304, Phoenix, Arizona, on Thursday, April 22, 2021, at 10:00 a.m. See document for complete details. Signed by Magistrate Judge Deborah M Fine on 03/08/2021. (MHW)
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Filing 178
ORDER pursuant to the parties' #177 Stipulation. ORDERED referring this matter to United States Magistrate Judge Deborah M. Fine for a settlement conference. Counsel are directed to jointly contact the chambers of Judge Fine no later than five (5) days from the date of this order to schedule a settlement conference to be held on or before April 23, 2021. Signed by Judge Diane J Humetewa on 2/26/2021. (See Order for details.) (LFIG)
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| Filing 177 STIPULATION re Joint Request for Settlement Conference Before a United States Magistrate Judge by Richard Berry. (Attachments: #1 Text of Proposed Order [Proposed] Order Re Settlement Conference Before a United States Magistrate Judge)(Coumides, Andreas) |
| Filing 176 NOTICE of Appearance by Gregory A Ashe on behalf of Federal Trade Commission. (Ashe, Gregory) |
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Filing 175
ORDER granting the #173 Motion for Clarification as set forth in this Order. IT IS FURTHER ORDERED granting in part the #174 Motion for Extension of Time and resetting the Final Pretrial Conference for 5/25/2021 at 10:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Counsel are permitted to appear by video teleconference and instructions on how to participate in the video teleconference will be sent to counsel via email. Joint Proposed Final Pretrial Order due by 4:00 PM 4/26/2021. Motions in Limine due by 4/26/2021. Responses thereto due 5/3/2021. Signed by Judge Diane J Humetewa on 2/18/2021. (See Order for details.) (LFIG)
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| Filing 174 MOTION for Extension of Time re Pretrial Deadlines and to Continue Final Pretrial Conference by Richard Berry. (Attachments: #1 Text of Proposed Order [Proposed] Order to Extend Pretrial Deadlines and Continue Final Pretrial Conference)(Coumides, Andreas) |
| Filing 173 MOTION For Clarification by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Conlon, Francis) |
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Filing 172
ORDER setting a Final Pretrial Conference for 4/6/2021 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Motions in Limine due by 3/12/2021. Responses thereto due 3/19/2021. Joint Proposed Final Pretrial Order due by 4:00 PM on 3/12/2021. Signed by Judge Diane J Humetewa on 2/10/2021. (See Order for details.) (LFIG)
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| Filing 171 NOTICE re: Readiness for Pretrial Conference by Federal Trade Commission . (Takagi, Naomi) |
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Filing 170
ORDER that Plaintiff's Motion for Summary Judgment (Doc. #156 ) (with a redacted copy at Doc. #132 ) is granted only as it relates to Counts V and VI of the Complaint. The remainder of the Motion is denied as detailed in Section II. ORDERED that Plaintiff's Motion to Exclude (Doc. #122 ) is granted in part and denied in part as detailed in Section III. IT IS FURTHER ORDERED that in light of the partial denial of the Motion for Summary Judgment, the parties are directed to comply with Paragraph 11 of the Rule 16 Scheduling Order (Doc. #24 ) regarding notice of readiness for pretrial conference. Signed by Judge Diane J Humetewa on 2/5/2021. (See Order for details.) (LFIG)
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| Remark: Pro hac vice motion(s) granted for Anand S Raman, Darren M Welch on behalf of Intervenor Parties Capital One Auto Finance, Inc., Santander Consumer USA Inc.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 169 SEALED Exhibit Q by Richard Berry, Linda Tate. (SLQ) |
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Filing 168
ORDER - Pursuant to this Court's Order (Doc. #166 ), IT IS ORDERED directing the Clerk of Court to enter into the docket the document currently lodged at (Doc. #167 ) as sealed. Signed by Judge Diane J Humetewa on 1/28/21. (SLQ)
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| Filing 167 *FILED at #169 * SEALED LODGED Proposed Exhibit Q UNDER SEAL. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Richard Berry. (Coumides, Andreas) Modified on 1/28/2021 (SLQ). |
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Filing 166
ORDER - IT IS HEREBY ORDERED that Santander Consumer USA Inc.'s Motion to Intervene for the Limited Purpose of Moving to Seal Confidential Documents (Doc. #160 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall enter into the docket the documents currently lodged at (Docs. #159 ; #162 ; #165 ) as sealed. IT IS FINALLY ORDERED that the Courts Order (Doc. #151 ) is amended allowing Plaintiff to file Exhibits PX10, PX 61, PX 62, PX 63, PX 64, PX 65, PX 66, PX 67, PX 68, PX 69, PX 70, PX 72, PX 73, PX 74, PX 78, PX 79, PX 80, PX 84, PX 85, PX 89 and PX 90 to its Motion for Summary Judgment under seal, and allowing Defendants to file Exhibit Q to its Response under seal. The parties are not required to duplicate filings already ordered to be filed under seal by this Order. All other aspects of the Court's previous Order are reaffirmed. (See document for complete details). Signed by Judge Diane J Humetewa on 1/27/21. (SLQ)
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| Filing 165 *SEALED Response in Opposition to Motion for Summary Judgment. Filed by Richard Berry and Linda Tate. (Attachments: #1 Exhibit N, #2 Exhibit O Part 1, #3 Exhibit O Part 2, #4 Exhibit O Part 3, #5 Exhibit O Part 4)(Coumides, Andreas) *Modified to change from lodged to filed per order #166 ; NEF regenerated on 1/27/2021 (SLQ)/(SCH). |
| Filing 162 *SEALED Exhibits PX10, PX61, PX62, PX63, PX64, PX65. Filed by Santander Consumer USA Inc. (Attachments: #1 Exhibit PX66, PX67, PX68, PX69, PX70, #2 Exhibit PX72, PX73, PX74, PX78, PX79, PX80, #3 Exhibit PX84, PX85, PX89, PX90, Q)(Friday, Kimberly) *Modified to change from lodged to filed per order #166 ; NEF regenerated on 1/27/2021 (SLQ)/(SCH). |
| Filing 159 *SEALED Exhibits PX9, PX54, PX59, PX81, PX94-R. Filed by Federal Trade Commission. (Takagi, Naomi) *Modified to change from lodged to filed per order #166 ; NEF regenerated on 1/27/2021 (SLQ)/(SCH). |
| Filing 164 RESPONSE to Motion re: #156 MOTION for Summary Judgment [Refiling] filed by Richard Berry. (Attachments: #1 Exhibit A to C, #2 Exhibit C continued, #3 Exhibit D to K, #4 Exhibit L to T, #5 Exhibit U, #6 Exhibit V to Z)(Coumides, Andreas) |
| Filing 163 NOTICE re: of Filing by Richard Berry and Linda Tate's Response in Opposition to Motion for Summary Judgment. (Coumides, Andreas) |
| Filing 161 REPLY to Response to Motion re: #156 MOTION for Summary Judgment [Refiling] filed by Federal Trade Commission. (Takagi, Naomi) |
| Filing 160 MOTION to Intervene for the Limited Purpose of Moving to Seal Confidential Documents (Unopposed), MOTION to Seal Document by Santander Consumer USA Inc.. (Attachments: #1 Exhibit Declaration of Kenneth Cyiark, #2 Text of Proposed Order)(Friday, Kimberly) |
| Filing 158 Additional Attachments to Main Document re: #156 MOTION for Summary Judgment [Refiling] by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX 157 cont, #2 Exhibit PX 157 cont, #3 Exhibit PX 158-161, #4 Exhibit PX 161 cont. -166, #5 Exhibit PX 167-190, #6 Exhibit PX 191-218)(Takagi, Naomi) |
| Filing 157 Additional Attachments to Main Document re: #156 MOTION for Summary Judgment [Refiling] by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX 91-93, 95-121, #2 Exhibit PX 122-126, #3 Exhibit PX 127-135, #4 Exhibit PX 136-139, #5 Exhibit PX 140-146, #6 Exhibit PX 147-155, #7 Exhibit PX 156, #8 Exhibit PX 156 cont., #9 Exhibit PX 156 cont.)(Takagi, Naomi) |
| Filing 156 MOTION for Summary Judgment [Refiling] by Federal Trade Commission. (Attachments: #1 Affidavit Declaration of K. Worthman, #2 Text of Proposed Order Proposed Order, #3 Exhibit PX 1-5, #4 Exhibit PX 6-8, 11-12, #5 Exhibit PX 13-16, #6 Exhibit PX 17-34, #7 Exhibit PX 35, #8 Exhibit PX 36, #9 Exhibit PX 37-53, 55-58, 60, 71, 75-77, 82-83, #10 Exhibit PX 86-87)(Takagi, Naomi) |
| Filing 155 NOTICE re: Notice of Refiling by Federal Trade Commission re: #151 Order on Motion to Seal Document . (Takagi, Naomi) |
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Filing 154
ORDER - IT IS HEREBY ORDERED that Capital One, N.A., d/b/a Capital One Auto Finance's Motion to Intervene for the Limited Purpose of Moving to Seal Confidential Documents (Doc. #152 ) is granted. IT IS FURTHER ORDERED that the Clerk of Court shall enter into the docket the documents currently lodged at (Doc. #153 ) as sealed. IT IS FINALLY ORDERED that the Court's Order (Doc. #151 ) is amended requiring Plaintiff to file Exhibits PX 9, PX 54, PX 59, PX 81, and PX 94 to its Motion for Summary Judgment under seal, and requiring Defendants to file Exhibits N and O to its Response under seal. All other aspects of the Court's previous Order are affirmed. (See document for complete details). Signed by Judge Diane J Humetewa on 1/26/21. (SLQ)
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| Filing 153 *SEALED Exhibit PX 9 to Plaintiff's Motion for Summary Judgment re: #132 Filed by Capital One Auto Finance, Inc. (Attachments: #1 Exhibit PX 54 to Plaintiffs Motion for Summary Judgment, #2 Exhibit PX 59 to Plaintiffs Motion for Summary Judgment, #3 Exhibit PX 81 to Plaintiffs Motion for Summary Judgment, #4 Exhibit PX 94 to Plaintiffs Motion for Summary Judgment, #5 Exhibit N to Defendant's Response in Opposition to Summary Judgment, #6 Exhibit O to Defendant's Response in Opposition to Summary Judgment)(Friday, Kimberly) *Modified to change from lodged to filed per order #154 ; NEF regenerated on 1/26/2021 (SLQ)/(SCH). |
| Filing 152 *MOTION to Intervene for the Limited Purpose of Moving to Seal Confidential Documents (Unopposed) by Capital One Auto Finance, Inc.. (Attachments: #1 Exhibit Declaration of Joseph Allison, #2 Text of Proposed Order)(Friday, Kimberly). *Modified to add MOTION to Seal Document event on 1/26/2021 (SCH). |
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Filing 151
ORDER - IT IS HEREBY ORDERED that the parties' Motions to Seal (Docs. #123 ; #142 ; #145 ) are denied, without prejudice. IT IS FURTHER ORDERED that the parties shall file unredacted versions of the documents filed or lodged at Docs. #132 , #143 , & #146 , within fourteen (14) days of this Order. (See document for complete details). Signed by Judge Diane J Humetewa on 1/11/21. (SLQ)
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| Filing 150 NOTICE of Appearance by Andreas Daniel Coumides on behalf of Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Coumides, Andreas) |
| Filing 149 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that there is no just reason to delay entry of final judgment pursuant to Federal Rule of Civil Procedure 54 (b). Judgment is hereby entered in favor of Plaintiff Federal Trade Commission and against Corporate Defendants Tate's Auto Center of Winslow Incorporated, Tate's Automotive Incorporated, Tate Ford Lincoln Mercury Incorporated d/b/a Tate's Auto Center, and Tate's Auto Center of Gallup Incorporated in the amount of $7,203,227. The Corporate Defendants shall not engage in any business consistent with the Order. (EJA) |
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Filing 148
ORDER granting #147 Stipulation. Judgment in the amount of seven million, two hundred three thousand, two hundred twenty-seven Dollars ($7,203,227) is entered in favor of the Commission and against Corporate Defendants, jointly and severally, as equitable monetary relief. See document for complete details. Signed by Judge Diane J Humetewa on 8/18/20. (EJA)
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| Filing 147 STIPULATION Stipulated Order For Permanent Injunction and Monetary Judgment As To Corporate Defendants by Federal Trade Commission. (Worthman, Katherine) |
| Filing 146 SEALED LODGED Proposed Plaintiffs Reply In Support Of Its Motion For Summary Judgment re: #145 MOTION to Seal Document Plaintiffs Reply In Support Of Its Motion For Summary Judgment. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Worthman, Katherine) |
| Filing 145 MOTION to Seal Document Plaintiffs Reply In Support Of Its Motion For Summary Judgment by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
| Filing 144 NOTICE re: Notice of Filing Exhibit Non-Electronically by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation re: #143 Sealed Lodged Proposed Document Notice of Filing Exhibit "I" Non-Electronically. (McCarthy, Craig) |
| Filing 143 SEALED LODGED Proposed Defendants' Response in Opposition to Motion for Summary Judgment re: #132 MOTION for Summary Judgment Redacted/Public. Document to be filed by Clerk if #142 Motion or Stipulation to Seal is granted. Filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Exhibit Exhibits A-H, #2 Exhibit Exhibits I-N, #3 Exhibit Exhibit O, #4 Exhibit Exhibit P-Z)(McCarthy, Craig) *Modified to add link to Motion to Seal on 5/26/2020 (SCH). |
| Filing 142 *MOTION to File Under Seal and Leave to File Exhibit "I" Non-Electronically by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Text of Proposed Order)(McCarthy, Craig) *Modified event from Motion for Leave to File to Motion to Seal Document on 5/21/2020 (SCH). |
| Filing 141 *REPLY to Response to Motion re: #122 Motion To Exclude Expert Opinions Of Christopher Linscott by Federal Trade Commission. (Takagi, Naomi) *Modified to correct event on 5/14/2020. (LFIG) |
| Filing 140 Additional Attachments to Main Document re: #139 Response in Opposition to Motion Defendants' Response to Plaintiff Federal Trade Commission's Motion to Exclude Expert Opinions of Christopher Linscott by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 139 RESPONSE in Opposition re: #122 MOTION Motion to Exclude Expert Opinions of Christopher Linscott Defendants' Response to Plaintiff Federal Trade Commission's Motion to Exclude Expert Opinions of Christopher Linscott filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 138
ORDER: For good cause showing, the Stipulation to Extend Plaintiff's time to Reply to Defendants' Response to the Motion for Summary Judgment (Doc. #137 ) is APPROVED. Plaintiff shall have until June 12, 2020 to file its Reply. ORDERED by Judge Diane J Humetewa on 4/14/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 137 STIPULATION To Extend Plaintiff'sTime To Reply to Defendants Response to the Motion for Summary Judgment by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
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Filing 136
ORDER: This matter is before the Court on Defendants' Motion to Extend Deadlines to Respond to Plaintiff's Motion for Summary Judgment Against Richard Berry and Linda Tate and Plaintiff's Motion to Exclude Expert Opinions of Christopher Linscott (Doc. #135 ). For good cause appearing, IT IS ORDERED granting the Motion (Doc. #135 ). Defendants' deadline to respond to Plaintiff's #122 Motion to Exclude Expert Opinions of Christopher Linscott shall be May 8, 2020. Defendants' deadline to respond to Plaintiff's #132 Motion for Summary Judgment Against Richard Berry and Linda Tate shall be May 22, 2020. ORDERED by Judge Diane J Humetewa on 4/7/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 135 MOTION for Extension of Time to File Response/Reply as to #127 Sealed Lodged Proposed Document, #126 Sealed Lodged Proposed Document, #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits, #130 Sealed Lodged Proposed Document, #122 MOTION Motion to Exclude Expert Opinions of Christopher Linscott, #132 MOTION for Summary Judgment Redacted/Public, #125 Sealed Lodged Proposed Document, #128 Sealed Lodged Proposed Document, #124 Sealed Lodged Proposed Document, #129 Sealed Lodged Proposed Document Defendants' Motion to Extend the Deadlines to Respond to Plaintiff's Motion for Summary Judgment Against Richard Berry and Linda Tate and Plaintiff's Motion to Exclude Expert Opinions of Christopher Linscott by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Text of Proposed Order Proposed Order)(McCarthy, Craig) |
| Filing 134 NOTICE re: Filings Exhibits Non-Electronically by Federal Trade Commission . (Attachments: #1 Attachment A)(Cox, Stephanie) |
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Filing 133
ORDER that the FTC's #121 Motion to File Non-Electronic Exhibits is GRANTED. The FTC shall comply with the procedure outlined in the Electronic Case Filing Administrative Policies and deliver the non-electronic exhibits to the Clerk's Office on or before May 4, 2020. ORDERED that the FTC must electronically provide Defendants and the Court with a copy of the index, notice of filing, and exhibits via secure file transfer link sent by email. IT IS FURTHER ORDERED that the FTC's #120 Unopposed Motion to Serve Courtesy Copies Electronically is DENIED. The FTC must provide courtesy copies of its MSJ, Motion to Seal, and its non-electronic exhibits that accompany its MSJ to the Court on or before May 4, 2020. Signed by Judge Diane J Humetewa on 3/25/2020. (See Order for details.) (LFIG)
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| Filing 132 MOTION for Summary Judgment Redacted/Public by Federal Trade Commission. (Attachments: #1 Text of Proposed Order, #2 Exhibit 9-16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20-25, #7 Exhibit 27-34, #8 Exhibit 35, #9 Exhibit 36, #10 Exhibit 37-75, #11 Exhibit 76-90, #12 Exhibit 77, #13 Exhibit 94, #14 Exhibit 95-101, #15 Exhibit 102, #16 Exhibit 103, #17 Exhibit 104, #18 Exhibit 105, #19 Exhibit 106, #20 Exhibit 107, #21 Exhibit 108, #22 Exhibit 109, #23 Exhibit 110, #24 Exhibit 111, #25 Exhibit 112, #26 Exhibit 113, #27 Exhibit 114, #28 Exhibit 115, #29 Exhibit 116, #30 Exhibit 117, #31 Exhibit 118-120, #32 Exhibit 121, #33 Exhibit 122, #34 Errata 123, #35 Exhibit 124-127, #36 Exhibit 128-29, #37 Exhibit 130, #38 Exhibit 131, #39 Exhibit 132, #40 Exhibit 133, #41 Exhibit 134-138, #42 Exhibit 139-159, #43 Exhibit 160-161, #44 Exhibit 162, #45 Exhibit 163, #46 Exhibit 164, #47 Exhibit 165, #48 Exhibit 166, #49 Exhibit 167, #50 Exhibit 168, #51 Exhibit 169, #52 Exhibit 174, #53 Exhibit 175-177, #54 Exhibit 179-180, #55 Exhibit 181-182, #56 Exhibit 184 and 186, #57 Exhibit 187, #58 Exhibit 189-193, #59 Exhibit 195-203, #60 Exhibit 206, #61 Exhibit 207, #62 Exhibit 208, #63 Exhibit 209, #64 Exhibit 210, #65 Exhibit 211, #66 Exhibit 212, #67 Exhibit 213-215, #68 Exhibit 216, #69 Exhibit 217, #70 Exhibit 218, #71 Exhibit 1-8)(Worthman, Katherine) |
| Filing 131 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 195, #2 Exhibit 196, #3 Exhibit 197, #4 Exhibit 198, #5 Exhibit 199, #6 Exhibit 200, #7 Exhibit 201, #8 Exhibit 202, #9 Exhibit 203, #10 Exhibit 207, #11 Exhibit 208, #12 Exhibit 210, #13 Exhibit 213, #14 Exhibit 214, #15 Exhibit 215, #16 Exhibit 217, #17 Exhibit 218, #18 Text of Proposed Order)(Worthman, Katherine) |
| Filing 130 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 156a, #2 Exhibit 156b, #3 Exhibit 156c, #4 Exhibit 157a, #5 Exhibit 157b, #6 Exhibit 157c, #7 Exhibit 160, #8 Exhibit 161, #9 Exhibit 165, #10 Exhibit 167, #11 Exhibit 169, #12 Exhibit 170, #13 Exhibit 173, #14 Exhibit 175, #15 Exhibit 176, #16 Exhibit 177, #17 Exhibit 179, #18 Exhibit 180, #19 Exhibit 181, #20 Exhibit 182, #21 Exhibit 184, #22 Exhibit 186, #23 Exhibit 189, #24 Exhibit 190, #25 Exhibit 191, #26 Exhibit 192, #27 Exhibit 193)(Worthman, Katherine) |
| Filing 129 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 134, #2 Exhibit 135, #3 Exhibit 136, #4 Exhibit 137, #5 Exhibit 138, #6 Exhibit 139, #7 Exhibit 141, #8 Exhibit 142, #9 Exhibit 143, #10 Exhibit 144, #11 Exhibit 145, #12 Exhibit 146, #13 Exhibit 147, #14 Exhibit 148, #15 Exhibit 149, #16 Exhibit 150, #17 Exhibit 151, #18 Exhibit 152, #19 Exhibit 153, #20 Exhibit 154)(Worthman, Katherine) |
| Filing 128 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 78, #2 Exhibit 79, #3 Exhibit 80, #4 Exhibit 81, #5 Exhibit 82, #6 Exhibit 83, #7 Exhibit 84, #8 Exhibit 85, #9 Exhibit 86, #10 Exhibit 87, #11 Exhibit 88, #12 Exhibit 89, #13 Exhibit 90, #14 Exhibit 94, #15 Exhibit 95, #16 Exhibit 96, #17 Exhibit 97, #18 Exhibit 98, #19 Exhibit 99, #20 Exhibit 100, #21 Exhibit 101, #22 Exhibit 118, #23 Exhibit 119, #24 Exhibit 120, #25 Exhibit 124, #26 Exhibit 125, #27 Exhibit 126, #28 Exhibit 127, #29 Exhibit 128, #30 Exhibit 129, #31 Exhibit 130)(Worthman, Katherine) |
| Filing 127 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 46, #2 Exhibit 47, #3 Exhibit 48, #4 Exhibit 49, #5 Exhibit 50, #6 Exhibit 51, #7 Exhibit 52, #8 Exhibit 53, #9 Exhibit 54, #10 Exhibit 55, #11 Exhibit 56, #12 Exhibit 57, #13 Exhibit 58, #14 Exhibit 59, #15 Exhibit 60, #16 Exhibit 61, #17 Exhibit 62, #18 Exhibit 63, #19 Exhibit 64, #20 Exhibit 65, #21 Exhibit 66, #22 Exhibit 67, #23 Exhibit 68, #24 Exhibit 69, #25 Exhibit 70, #26 Exhibit 71, #27 Exhibit 72, #28 Exhibit 73, #29 Exhibit 74, #30 Exhibit 75, #31 Exhibit 76)(Worthman, Katherine) |
| Filing 126 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 34, #9 Exhibit 35, #10 Exhibit 36, #11 Exhibit 37, #12 Exhibit 38, #13 Exhibit 39, #14 Exhibit 40, #15 Exhibit 41, #16 Exhibit 42, #17 Exhibit 43, #18 Exhibit 44, #19 Exhibit 45)(Worthman, Katherine) |
| Filing 125 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 22, #16 Exhibit 23, #17 Exhibit 24, #18 Exhibit 25)(Worthman, Katherine) |
| Filing 124 SEALED LODGED Proposed Motion for Summary Judgment Against Richard Berry and Linda Tate, and Exhibits re: #123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Federal Trade Commission. (Attachments: #1 Affidavit Declaration of Katherine Worthman, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5a, #7 Exhibit 5b, #8 Exhibit 5c, #9 Exhibit 6, #10 Exhibit 7)(Worthman, Katherine) |
| Filing 123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
| Filing 122 MOTION Motion to Exclude Expert Opinions of Christopher Linscott by Federal Trade Commission. (Attachments: #1 Exhibit PX 1, #2 Text of Proposed Order)(Takagi, Naomi) |
| Filing 121 First MOTION for Leave to File Motion for Leave to File Non-Electronically by Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Leave to File Non-electronically)(Cox, Stephanie) |
| Filing 120 MOTION (unopposed) to serve courtesy copies electronically via secure file transfer link by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
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Filing 119
ORDER pursuant to the #118 Stipulation. ORDERED that the summary judgment deadline is continued as it relates only to the Corporate Defendants for a period of 60 days following entry of the Bankruptcy Court's order relating to the Trustee's motion seeking approval. Signed by Judge Diane J Humetewa on 3/18/2020. (LFIG)
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| Filing 118 STIPULATION To Continue Summary Judgment Deadline As To Corporate Defendants Only by Federal Trade Commission. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Text of Proposed Order)(Worthman, Katherine) |
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Filing 117
ORDER - IT IS ORDERED that the FTC's Unopposed Motion to Exceed Page Limit for Summary Judgment (Doc. #116 ) is GRANTED in part and DENIED in part. The FTC may file a motion for summary judgment of no more than 25 pages. IT IS FURTHER ORDERED affirming the remainder of the Court's Rule 16 Scheduling Order (Doc. #24 ) and its August 2, 2019 Order (Doc. #84 ). (See document for complete details). Signed by Judge Diane J Humetewa on 3/4/20. (SLQ)
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| Filing 116 MOTION for Leave to File Excess Pages by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Conlon, Francis) |
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Filing 115
ORDER: For good cause showing, Defendants' Unopposed Motion to Extend Expert Witness Deposition Deadline (Doc. #113 ) is GRANTED. The deadline to complete expert depositions shall be extended to and through February 28, 2020. The remainder of the parties' Rule 16 Scheduling Order (Doc. #24 ) and the deadlines in the Courts August 2, 2019 Order (Doc. #84 ) are affirmed. ORDERED by Judge Diane J Humetewa on 2/11/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 114 Additional Attachments to Main Document re: #113 MOTION for Extension of Time to Complete Discovery (Unopposed) Proposed Order by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 113 MOTION for Extension of Time to Complete Discovery (Unopposed) by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 112 REPORT of Settlement Talks/Discussions by Federal Trade Commission. (Worthman, Katherine) |
| Filing 111 NOTICE OF ATTORNEY APPEARANCE: Francis Conlon appearing for Federal Trade Commission. . (Conlon, Francis) |
| Filing 110 NOTICE re: of Service of Rebuttal Expert Disclosures by Federal Trade Commission . (Worthman, Katherine) |
| Filing 109 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Ninth Supplemental Responses to Mandatory Discovery with Rule 26(a)(2) Expert Witness Disclosure filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 108 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi) |
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Filing 107
ORDER granting #104 Stipulation to Extend Expert Witness Disclosure Deadlines. See document for complete details. Signed by Judge Diane J Humetewa on 11/18/2019. (RMV)
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| Filing 106 NOTICE of Service of Discovery filed by Federal Trade Commission. (Worthman, Katherine) |
| Filing 105 Additional Attachments to Main Document re: #104 MOTION for Disclosure Stipulation to Extend Expert Witness Disclosure Proposed Order by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 104 *STIPULATION to Extend Expert Witness Disclosure by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) *Modified to correct event on 11/19/2019 (RMV). |
| Filing 103 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Responsive consumer deal jackets that could be located pursuant to Plaintiff's 7th and 8th Supplemental Mandatory Initial Discovery Responses dated October 17-18, 2019 filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 102 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Linda Tate executed Verification, Richard Berry executed Verifications filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 101 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 100
ORDER that Defendants shall produced Corporate Defendants' 2018 financial statements and Ms. Tates updated responses to the FTC's First Set of Interrogatories based on her 2018 tax returns by 5:00 pm MST on October 30, 2019. IT IS FURTHER ORDERED that Defendants shall produce all outstanding verifications to interrogatories on or before November 6, 2019, and all identified consumer deal jackets on or before November 13, 2019. Signed by Judge Diane J Humetewa on 10/30/2019. (LFIG)
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| Filing 99 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) FTCs First Supplemental Responses and Objections to Defendants First Set of Interrogatories filed by Plaintiff Federal Trade Commission. (Worthman, Katherine) |
| Filing 98 NOTICE re: Joint Summary of Discovery Dispute by Federal Trade Commission . (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D)(Worthman, Katherine) |
| Filing 97 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Defendants' Seventh Supplemental Responses to Mandatory Discovery Requests and Defendant Dealerships' Seventh Supplemental Responses to First Set of Requests for Production filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 96 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi) |
| Filing 95 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi) |
| Filing 94 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 93
ORDER that the Court declines to issue any ruling at this time re: the parties' #92 Joint Discovery Dispute. Signed by Judge Diane J Humetewa on 10/3/2019. (LFIG)
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| Filing 92 NOTICE re: Joint Summary of Discovery Dispute by Federal Trade Commission . (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D, #5 Exhibit Attachment E)(Worthman, Katherine) |
| Filing 91 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 90 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Defendant Dealerships' Fourth Supplemental Responses to Second Set of Requests for Production filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 89 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 88 NOTICE of Service of Discovery filed by Federal Trade Commission. (Takagi, Naomi) |
| Filing 87 *NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Notice of Service of Defendant Dealerships' Fifth Supplemental Responses to First Set of Interrogatories and Defendant Dealerships' Third Supplemental Responses to Second Set of Requests for Production) filed by Defendants Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation, Richard Berry, Linda Tate. (McCarthy, Craig) *Modified to correct event and add filers on 9/4/2019 (RMV). |
| Filing 86 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 85 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi) |
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Filing 84
ORDER pursuant to parties' #83 Stipulation. Discovery due by 10/30/2019. Dispositive motions due by 3/24/2020. ORDERED that absent extraordinary circumstances, no further extensions shall be granted. Signed by Judge Diane J Humetewa on 8/1/2019. (LFIG)
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| Filing 83 STIPULATION re: #76 Order on Stipulation, #24 Scheduling Order, Terminate Motions, Terminate Hearings by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
| Filing 82 NOTICE TO FILER OF DEFICIENCY re: #81 Notice of Service of Discovery filed by Federal Trade Commission. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Katherine Worthman but submitted using the log-in and password belonging to attorney Naomi Takagi. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) |
| Filing 81 NOTICE of Service of Discovery filed by Federal Trade Commission. (Takagi, Naomi) |
| Filing 80 NOTICE of Service of Discovery filed by Federal Trade Commission. (Worthman, Katherine) |
| Filing 79 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Worthman, Katherine) |
| Filing 78 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 77 NOTICE of Attorney Substitution by Stephanie Elizabeth Cox. (Cox, Stephanie) |
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Filing 76
ORDER granting the parties' #74 Joint Stipulation to Extend Case Deadlines. Discovery due 8/30/2019. Dispositive motions due 1/24/2020. IT IS FURTHER ORDERED that the remainder of the original Rule 16 Scheduling Order #24 is AFFIRMED. Signed by Judge Diane J Humetewa on 5/24/19. (CLB)
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| Filing 75 NOTICE of Service of Discovery filed by Linda Tate. (McCarthy, Craig) |
| Filing 74 STIPULATION re: #39 Order, Set/Reset Deadlines/Hearings by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
| Filing 73 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 72 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 71 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 69 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING Proceedings held on 04/08/2019, before Judge DIANE J. HUMETEWA. [Court Reporter Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/17/2019. (RCO) |
| Filing 68 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING proceedings held on 02/14/2019, before Judge DIANE J. HUMETEWA. [Court Reporter: Linda Schroeder, RDR, CRR, Telephone number (602) 322-7249]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/9/2019. (RAP) |
| Filing 66 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Fourth Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil) |
| Filing 65 TRANSCRIPT REQUEST by Federal Trade Commission for proceedings held on April 8, 2019, Judge Diane J Humetewa hearing judge(s). (Singhvi, Nikhil) |
| Filing 64 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Discovery Dispute Hearing held on 4/8/2019. Status of discovery discussed. IT IS ORDERED that within 21 days, the Defendants and Digital Wire 360 shall submit affidavits detailing their efforts related to uncovering advertisements from the dates as set forth on the record. IT IS FURTHER ORDERED that with 30 days, the Defendants shall submit all requested advertisement records within their possession to the FTC. TELEPHONIC APPEARANCES: Naomi Takagi and Nikhil Singhvi for Plaintiff. Craig McCarthy for Defendants. (Court Reporter Linda Schroeder.) Hearing held 3:59 PM to 4:28 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
| Filing 63 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 62
ORDER: IT IS ORDERED setting a Telephonic Discovery Dispute Hearing re: Docs. #58 and #59 for Monday, April 8, 2019 at 4:00 PM (Arizona Time) in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Participating counsel will receive teleconference instructions by a separate electronic mail notice. ORDERED by Judge Diane J Humetewa on 4/5/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 61
ORDER granting the #45 Motion to Withdraw as Attorney and Colin A. Hector is withdrawn as counsel for the FTC. Signed by Judge Diane J Humetewa on 4/5/2019. (LFIG)
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| Filing 60 MEMORANDUM Defendants' Order to Show Cause Memorandum #59 Order to Show Cause, #58 Report - Other by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 59
ORDER that Defendant show cause in writing on or before Friday, April 5, 2019, at 9:00 a.m. why the Court should not order Defendants to: (1) detail their internal and external efforts to retrieve advertisements from January 2013 through July 31, 2018; (2) identify all media outlets (e.g., newspaper, television, radio, and internet) where they have placed advertisements from January 2013 through July 31, 2018; and (3) confirm that, going forward, all of their advertisements are being preserved. Signed by Judge Diane J Humetewa on 4/3/2019. (LFIG)
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| Filing 58 REPORT of Discovery Dispute by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A)(Singhvi, Nikhil) |
| Filing 57 REPLY re: #53 Notice of Filing Bankruptcy, #54 Response by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Exhibit A & B)(McCarthy, Craig) |
| Filing 56 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (6th Supplemental) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Weigand, Wendy) |
| Filing 55 TRANSCRIPT REQUEST by Federal Trade Commission for proceedings held on 2/14/19, Judge Diane J Humetewa hearing judge(s). (Singhvi, Nikhil) |
| Filing 54 RESPONSE re: #53 Notice of Filing Bankruptcy by Plaintiff Federal Trade Commission. (Singhvi, Nikhil) |
| Filing 53 NOTICE OF FILING BANKRUPTCY Upon the Record as to Tate's Auto Center of Winslow, Inc.; Tate's Automotive, Inc.; Tate Ford-Lincoln-Mercury, Inc.; and Tate's Auto Center of Gallup, Inc. by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Exhibit A-D)(McCarthy, Craig) |
| Filing 52 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Third Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil) |
| Filing 51 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (5th Supplemental MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Weigand, Wendy) |
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Filing 50
ORDER denying the #44 Motion to Compel. ORDERED that on or before March 15, 2019, Defendants must provide the FTC with the file type or format of the electronic deal jacket files. IT IS FURTHER ORDERED that on or before March 26, 2019, Defendants must provide the FTC with a searchable list of all financed transactions between July 31, 2013, and July 31, 2018, which includes the transaction date, dealership location, and lender name for each transaction. Signed by Judge Diane J Humetewa on 3/12/2019. (See Order for details.) (LFIG)
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| Filing 49 RESPONSE to Motion re: #44 MOTION to Compel Production of Documents filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Exhibit Exhibit A)(McCarthy, Craig) |
| Filing 48 NOTICE TO FILER OF DEFICIENCY re: #47 Notice of Service of Discovery. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 47 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 46 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) (4th Supplemental) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 45 MOTION to Withdraw as Attorney (Colin A. Hector) by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Hector, Colin) |
| Filing 44 MOTION to Compel Production of Documents by Federal Trade Commission. (Attachments: #1 Exhibit Declaration of K Worthman and Attachments, #2 Text of Proposed Order)(Worthman, Katherine) |
| Filing 43 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Discovery Dispute Hearing held on 2/14/2019. As set forth on the record, Plaintiff is directed to file supplemental briefing of no more than five (5) pages within seven (7) days. Defendants shall file a response thereto of no more than five (5) pages within the time allowed by the rules. No reply is permitted. APPEARANCES: Telephonic appearance by Katherine Worthman for Plaintiff. Craig McCarthy for Defendants. (Court Reporter Linda Schroeder.) Hearing held 2:29 PM to 3:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) |
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Filing 42
ORDER: IT IS ORDERED setting a Telephonic Discovery Dispute Hearing for 2/14/2019 at 2:30 PM (Arizona Time) in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Participating counsel will receive teleconference instructions by a separate electronic mail notice. ORDERED by Judge Diane J Humetewa on 2/13/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 41 NOTICE re: Joint Written Summary of Discovery Dispute by Federal Trade Commission . (Singhvi, Nikhil) |
| Filing 40 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Second Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil) |
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Filing 39
ORDER extending deadlines as follows: Discovery due by 7/19/2019. Dispositive motions due by 11/22/2019. Signed by Judge Diane J Humetewa on 2/5/2019. (See Order for details.) (LFIG)
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| Filing 38 STATUS REPORT following Government Shutdown by Federal Trade Commission. (Singhvi, Nikhil) |
| Filing 37 NOTICE of Service of Discovery filed by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 36 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Third) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
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Filing 35
ORDER granting #34 Motion to Stay. ORDERED that this stay will automatically lift upon restoration of government funding to the Federal Trade Commission. IT IS FURTHER ORDERED that the within 14 days of restoration of government funding to the Federal Trade Commission, the parties must file a status report regarding effect of the stay on all pending case deadlines. Signed by Judge Diane J Humetewa on 1/7/2019. (LFIG)
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| Filing 34 MOTION to Stay by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine) |
| Filing 33 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi) |
| Filing 32 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Second Supplemental) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 31 NOTICE of Appearance by Katherine Mary Worthman on behalf of Federal Trade Commission. (Worthman, Katherine) |
| Filing 30 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (1st Supplemental) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 29 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 28 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Federal Trade Commission. (Hector, Colin) |
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Filing 27
ORDER granting the #26 Joint Motion for Protective Order. Signed by Judge Diane J Humetewa on 10/23/2018. (See Order for details.) (LFIG)
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| Filing 26 Joint MOTION for Protective Order by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Singhvi, Nikhil) |
| Filing 25 NOTICE TO FILER OF DEFICIENCY re: #23 MOTION for Leave to Appear by telephone filed by Federal Trade Commission. Document not in compliance with LRCiv 7.1(a)(1) - The following information must be stated upon the first page of every document and may be presented for filing single-spaced: The name, address, email address, State Bar Attorney number, telephone number, and optionally the fax number, of the attorney appearing for the party in the action or proceeding and whether the attorney appears for the plaintiff, defendant, or other party - in propria persona - must be typewritten or printed in the space to the left of the center of the page and beginning at line one (1) on the first page. The space to the right of the center must be reserved for the filing marks of the Clerk. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
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Filing 24
RULE 16 SCHEDULING ORDER: Discovery due by 5/17/2019. Dispositive motions due by 10/11/2019. ORDERED vacating the Rule 16 Scheduling Conference set for 10/19/2018. ORDERED denying as moot Plaintiff's #23 Request to Appear by Telephone. Signed by Judge Diane J Humetewa on 10/15/2018. (See Order for details.) (LFIG)
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| Filing 23 MOTION for Leave to Appear by telephone by Federal Trade Commission. (Singhvi, Nikhil) |
| Filing 22 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (Joint Case Management Report) filed by Plaintiff Federal Trade Commission. (Hector, Colin) |
| Filing 21 Corporate Disclosure Statement by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 20 ANSWER to #1 Complaint by Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation.(McCarthy, Craig) |
| Filing 19 NOTICE TO FILER OF DEFICIENCY re: #18 Notice of Appearance/Association of Counsel. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 18 NOTICE of Appearance by Craig A McCarthy on behalf of Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (McCarthy, Craig) |
| Filing 17 NOTICE re: Settlement Negotiation Status by Federal Trade Commission . (Hector, Colin) |
| Filing 16 NOTICE re: Service by Federal Trade Commission re: #15 Order, Set/Reset Deadlines/Hearings . (Hector, Colin) |
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Filing 15
ORDER setting a Rule 16 Scheduling Conference for 10/19/2018 at 4:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED that Plaintiff shall serve a copy of this order upon any Defendant who has not yet appeared and file notice of service. Signed by Judge Diane J Humetewa on 9/10/2018. (See Order for details.) (LFIG)
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| Filing 14 NOTICE re: Service of ecf 3 (notice re MIDP) and ecf 7 (order re Rule 12 motions) as to all defendants and relief defendant by Federal Trade Commission . (Hector, Colin) |
| Filing 13 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Tate Ford-Lincoln-Mercury, Inc. . (Hector, Colin) |
| Filing 12 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Tates Automotive, Inc. . (Hector, Colin) |
| Filing 11 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Tate's Auto Center of Gallup, Inc. . (Hector, Colin) |
| Filing 10 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Tate's Auto Center of Winslow, Inc. . (Hector, Colin) |
| Filing 9 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Linda Tate . (Hector, Colin) |
| Filing 8 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on 8/2/2018 to Richard Berry . (Hector, Colin) |
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 8/1/2018. (LFIG)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Federal Trade Commission. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 4 Summons Issued as to Richard Berry, Linda Tate, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Gallup Incorporated, Tate's Auto Center of Winslow Incorporation, Tates Automotive Incorporation. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-18-08176-PCT-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC) |
| Filing 2 SUMMONS Submitted by Federal Trade Commission. (Hector, Colin) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(BAC) |
| Filing 1 COMPLAINT filed by Federal Trade Commission. (Hector, Colin) (Attachments: #1 Civil Cover Sheet)(BAC) |
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