Federal Trade Commission v. Tate's Auto Center of Winslow Incorporation et al
Plaintiff: Federal Trade Commission
Defendant: Tates Automotive Incorporation, Tate Ford Lincoln Mercury Incorporated, Tate's Auto Center of Winslow Incorporation, Richard Berry, Linda Tate and Tate's Auto Center of Gallup Incorporated
Case Number: 3:2018cv08176
Filed: July 31, 2018
Court: US District Court for the District of Arizona
Office: Prescott Division Office
County: Navajo
Presiding Judge: Diane J Humetewa
Nature of Suit: Other Statutes: Commerce
Cause of Action: 15:0053
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2020 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)
June 11, 2020 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)
May 22, 2020 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)
May 22, 2020 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).
May 20, 2020 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).
May 13, 2020 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)
May 7, 2020 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)
May 7, 2020 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)
April 14, 2020 Opinion or Order 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)
April 14, 2020 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)
April 7, 2020 Opinion or Order 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)
April 6, 2020 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)
March 25, 2020 Filing 134 NOTICE re: Filings Exhibits Non-Electronically by Federal Trade Commission . (Attachments: #1 Attachment A)(Cox, Stephanie)
March 25, 2020 Opinion or Order 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 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)
March 24, 2020 Filing 123 MOTION to Seal Document Motion for Summary Judgment, and Exhibits by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine)
March 24, 2020 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)
March 24, 2020 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)
March 20, 2020 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)
March 19, 2020 Opinion or Order 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)
March 18, 2020 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)
March 5, 2020 Opinion or Order 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)
March 4, 2020 Filing 116 MOTION for Leave to File Excess Pages by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Conlon, Francis)
February 11, 2020 Opinion or Order 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)
February 10, 2020 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)
February 10, 2020 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)
January 24, 2020 Filing 112 REPORT of Settlement Talks/Discussions by Federal Trade Commission. (Worthman, Katherine)
January 24, 2020 Filing 111 NOTICE OF ATTORNEY APPEARANCE: Francis Conlon appearing for Federal Trade Commission. . (Conlon, Francis)
January 13, 2020 Filing 110 NOTICE re: of Service of Rebuttal Expert Disclosures by Federal Trade Commission . (Worthman, Katherine)
November 25, 2019 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)
November 19, 2019 Filing 108 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi)
November 19, 2019 Opinion or Order 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)
November 18, 2019 Filing 106 NOTICE of Service of Discovery filed by Federal Trade Commission. (Worthman, Katherine)
November 18, 2019 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)
November 18, 2019 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).
November 13, 2019 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)
November 7, 2019 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)
October 30, 2019 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)
October 30, 2019 Opinion or Order 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)
October 30, 2019 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)
October 30, 2019 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)
October 25, 2019 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)
October 18, 2019 Filing 96 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi)
October 17, 2019 Filing 95 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi)
October 4, 2019 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)
October 3, 2019 Opinion or Order 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)
October 2, 2019 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)
September 27, 2019 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)
September 16, 2019 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)
September 6, 2019 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)
September 4, 2019 Filing 88 NOTICE of Service of Discovery filed by Federal Trade Commission. (Takagi, Naomi)
September 3, 2019 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).
August 14, 2019 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)
August 8, 2019 Filing 85 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi)
August 2, 2019 Opinion or Order 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)
July 31, 2019 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)
July 16, 2019 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)
July 15, 2019 Filing 81 NOTICE of Service of Discovery filed by Federal Trade Commission. (Takagi, Naomi)
June 10, 2019 Filing 80 NOTICE of Service of Discovery filed by Federal Trade Commission. (Worthman, Katherine)
June 10, 2019 Filing 79 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Worthman, Katherine)
May 31, 2019 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)
May 28, 2019 Filing 77 NOTICE of Attorney Substitution by Stephanie Elizabeth Cox. (Cox, Stephanie)
May 24, 2019 Opinion or Order 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)
May 24, 2019 Filing 75 NOTICE of Service of Discovery filed by Linda Tate. (McCarthy, Craig)
May 23, 2019 Filing 74 STIPULATION re: #39 Order, Set/Reset Deadlines/Hearings by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine)
May 10, 2019 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)
May 2, 2019 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)
April 26, 2019 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)
April 19, 2019 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)
April 18, 2019 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)
April 12, 2019 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)
April 10, 2019 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)
April 9, 2019 Filing 66 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Fourth Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil)
April 9, 2019 Filing 65 TRANSCRIPT REQUEST by Federal Trade Commission for proceedings held on April 8, 2019, Judge Diane J Humetewa hearing judge(s). (Singhvi, Nikhil)
April 8, 2019 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)
April 5, 2019 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)
April 5, 2019 Opinion or Order 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)
April 5, 2019 Opinion or Order 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)
April 5, 2019 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)
April 3, 2019 Opinion or Order 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)
April 1, 2019 Filing 58 REPORT of Discovery Dispute by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A)(Singhvi, Nikhil)
March 27, 2019 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)
March 26, 2019 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)
March 26, 2019 Filing 55 TRANSCRIPT REQUEST by Federal Trade Commission for proceedings held on 2/14/19, Judge Diane J Humetewa hearing judge(s). (Singhvi, Nikhil)
March 20, 2019 Filing 54 RESPONSE re: #53 Notice of Filing Bankruptcy by Plaintiff Federal Trade Commission. (Singhvi, Nikhil)
March 19, 2019 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)
March 19, 2019 Filing 52 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Third Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil)
March 15, 2019 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)
March 12, 2019 Opinion or Order 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)
March 7, 2019 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)
February 27, 2019 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)
February 27, 2019 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)
February 26, 2019 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)
February 25, 2019 Filing 45 MOTION to Withdraw as Attorney (Colin A. Hector) by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Hector, Colin)
February 21, 2019 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)
February 14, 2019 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)
February 13, 2019 Opinion or Order 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)
February 13, 2019 Filing 41 NOTICE re: Joint Written Summary of Discovery Dispute by Federal Trade Commission . (Singhvi, Nikhil)
February 7, 2019 Filing 40 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Second Supplement) filed by Plaintiff Federal Trade Commission. (Singhvi, Nikhil)
February 5, 2019 Opinion or Order 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)
February 5, 2019 Filing 38 STATUS REPORT following Government Shutdown by Federal Trade Commission. (Singhvi, Nikhil)
February 4, 2019 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)
January 31, 2019 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)
January 7, 2019 Opinion or Order 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)
December 31, 2018 Filing 34 MOTION to Stay by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Worthman, Katherine)
December 28, 2018 Filing 33 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Takagi, Naomi)
December 12, 2018 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)
December 4, 2018 Filing 31 NOTICE of Appearance by Katherine Mary Worthman on behalf of Federal Trade Commission. (Worthman, Katherine)
November 12, 2018 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)
November 2, 2018 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)
November 2, 2018 Filing 28 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Federal Trade Commission. (Hector, Colin)
October 23, 2018 Opinion or Order 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)
October 23, 2018 Filing 26 Joint MOTION for Protective Order by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Singhvi, Nikhil)
October 16, 2018 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)
October 15, 2018 Opinion or Order 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)
October 15, 2018 Filing 23 MOTION for Leave to Appear by telephone by Federal Trade Commission. (Singhvi, Nikhil)
October 11, 2018 Filing 22 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (Joint Case Management Report) filed by Plaintiff Federal Trade Commission. (Hector, Colin)
October 2, 2018 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)
October 2, 2018 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)
September 14, 2018 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)
September 14, 2018 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)
September 13, 2018 Filing 17 NOTICE re: Settlement Negotiation Status by Federal Trade Commission . (Hector, Colin)
September 13, 2018 Filing 16 NOTICE re: Service by Federal Trade Commission re: #15 Order, Set/Reset Deadlines/Hearings . (Hector, Colin)
September 10, 2018 Opinion or Order 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)
August 9, 2018 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)
August 9, 2018 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)
August 9, 2018 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)
August 9, 2018 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)
August 9, 2018 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)
August 9, 2018 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)
August 9, 2018 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)
August 2, 2018 Opinion or Order 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)
July 31, 2018 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)
July 31, 2018 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)
July 31, 2018 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.
July 31, 2018 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)
July 31, 2018 Filing 2 SUMMONS Submitted by Federal Trade Commission. (Hector, Colin) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(BAC)
July 31, 2018 Filing 1 COMPLAINT filed by Federal Trade Commission. (Hector, Colin) (Attachments: #1 Civil Cover Sheet)(BAC)

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Search for this case: Federal Trade Commission v. Tate's Auto Center of Winslow Incorporation et al
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Defendant: Tates Automotive Incorporation
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Defendant: Tate Ford Lincoln Mercury Incorporated
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Defendant: Tate's Auto Center of Winslow Incorporation
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Defendant: Richard Berry
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Defendant: Linda Tate
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Defendant: Tate's Auto Center of Gallup Incorporated
Represented By: Craig A McCarthy
Represented By: Wendy Noel Weigand
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Plaintiff: Federal Trade Commission
Represented By: Colin Aiello Hector
Represented By: Nikhil Singhvi
Represented By: Stephanie Elizabeth Cox
Represented By: Naomi Takagi
Represented By: Katherine Mary Worthman
Represented By: Francis Maclyn Conlon
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