Michael Terpin v. AT and T Inc et al
| Michael Terpin |
| AT and T Mobility LLC, Does 1-25, AT and T Inc and Does 1-10 |
| 2:2018cv06975 |
| August 15, 2018 |
| US District Court for the Central District of California |
| Maria A Audero |
| Karen L Stevenson |
| Otis D Wright |
| Other Statutory Actions |
| 47 U.S.C. § 0227 Violation of Telephone Consumer Protection Act |
| Plaintiff |
Docket Report
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Filing 250
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #248 filed by Michael Terpin. CCA # 23-55375. Appellee's opposed motion to file under seal portions of Volume 10 of the excerpts of record is granted, subject to reconsideration by the merits panel. [See document for all details.](mat)
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Filing 249
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55375 assigned to Notice of Appeal to 9th Circuit Court of Appeals,, #248 as to plaintiff Michael Terpin. (mat)
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Filing 248
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Michael Terpin. Appeal of Order on Sealed Motion (Generic sealed motion type event), Order on Motion for Summary Judgment, Order on Motion for Leave #243 , Judgment,, #245 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-35151504.) (Attachments: #1 Exhibit Representation Statement, #2 Exhibit Order on Summary Judgment Motion, #3 Exhibit Order Unsealing Order on Summary Judgment, #4 Exhibit Judgment)(Toohey, Timothy)
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Filing 247
ORDER GRANTING DEFENDANT AT&T MOBILITY LLC'S UNOPPOSED MOTION TO UNSEAL #246 THE COURT'S SUMMARY JUDGMENT ORDER [DKT. 243] by Judge Otis D. Wright, II. (lc)
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Filing 246
NOTICE OF MOTION AND MOTION to Unseal Document Order on Sealed Motion (Generic sealed motion type event), Order on Motion for Summary Judgment, Order on Motion for Leave #243 filed by Defendant AT and T Mobility LLC. Motion set for hearing on 5/8/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Ochsenbein, Jeremy)
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Filing 245
JUDGMENT by Judge Otis D. Wright, II: On March 28, 2023, the Court entered an Order granting the Motion for Summary Judgment filed by Defendant AT&T Mobility LLC ("AT&T") against Plaintiff Michael Terpin (Dkt. 243). Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that: 1. Judgment is in favor of AT&T on all of Plaintiffs claims; 2. Plaintiff is not entitled to recover any damages from AT&T in this action; and 3. All dates and deadlines are VACATED. The Clerk of the Court shall close the case. (MD JS-6, Case Terminated). (lc)
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Filing 244
NOTICE OF LODGING filed Proposed Judgment re Order on Sealed Motion (Generic sealed motion type event), Order on Motion for Summary Judgment, Order on Motion for Leave #243 (Attachments: #1 Proposed Order)(Ochsenbein, Jeremy)
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Filing 243
SEALED - ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (bm)
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Filing 242
Notice of Appearance or Withdrawal of Counsel: for attorney Nancy L Stagg counsel for Defendant AT and T Mobility LLC. Adding Nancy L. Stagg as counsel of record for AT&T Mobility LLC for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Mobility LLC. (Attorney Nancy L Stagg added to party AT and T Mobility LLC(pty:dft))(Stagg, Nancy)
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Filing 241
Opposition opposition re: EX PARTE APPLICATION to Conduct Depositions of Plaintiff's Expert Witnesses #239 filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in support of Opposition)(Toohey, Timothy)
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Filing 240
The hearing on the MOTION for Summary Judgment re Order on Motion #167 ; and MOTION for Summary Judgment as to All Claims #168 , scheduled for March 27, 2023 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 239
EX PARTE APPLICATION to Conduct Depositions of Plaintiff's Expert Witnesses filed by Defendant AT and T Mobility LLC. (Attachments: #1 Declaration, #2 Proposed Order) (Ochsenbein, Jeremy)
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Filing 238
MINUTES OF TELEPHONIC CONFERENCE RE: JOINT REQUEST FOR ORDER CLARIFYING ORDER ON DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S IMPROPER EXPERT REBUTTAL REPORTS #235 held before Magistrate Judge Karen L. Stevenson. After further discussion, the Court will issue an amended Order. Court Recorder: XTR- 03/20/2023. (hr)
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Filing 237
AMENDED MINUTE (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S IMPROPER EXPERT REBUTTAL REPORTS by Magistrate Judge Karen L. Stevenson re: MOTION to Strike Plaintiff's Rebuttal Expert Reports #176 , Stipulation to Clarify Order #236 ; amending Minute (In Chambers) Order #235 . (see document for details) (hr)
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Filing 236
STIPULATION to Clarify Order Granting in Part and Denying in Part Defendant AT&T Mobility LLC's Motion to Strike Plaintiff's Improper Rebuttal Experts, Re: Order on Motion to Strike,,,,, #235 , filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Ochsenbein, Jeremy)
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Filing 235
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S IMPROPER EXPERT REBUTTAL REPORTS (Dkt. No. 176) #176 by Magistrate Judge Karen L. Stevenson. Before the Court is Defendant AT&T Mobility's ("Defendant's") Motion to Strike Plaintiff's Improper Expert Report, Or In The Alternative For Leave to Serve Rebuttal Expert Reports, filed on January 27, 2023 (the "Motion to Strike"), along with a Declaration of Jeremy S. Ochsenbein ("Ochsenbein Decl.") (Dkt. No. 176). The Court GRANTS in part and DENIES in part the Motion to Strike. Therefore, the Motion to Strike is GRANTED in part and DENIED in part as follows:Marpet Report: pages 1-19 are STRICKEN; the Motion to Strike is DENIED as to pages 19-25 starting with the portion of the report on page 19 under the heading Rebuttal to Sanders Report; and Petronella Report: paragraphs 25-40 are STRICKEN; the Motion to Strike is DENIED as to paragraphs 50-56. The Motion to Strike is GRANTED as to: (1) the Marpet Report pages 1-19 (up to the heading on page 19 that reads, "Rebuttal to Sanders Report"); (2) the Petronella Report paragraphs 25-40; and (3) Plaintiff's rebuttal experts may not testify in Plaintiff's case-in-chief at trial. The Motion is DENIED in all other respects. Each party to bear its own costs. (SEE ORDER FOR FURTHER INFORMATION) (gr)
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Filing 234
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Opposition,, #233 served on 3/6/2023. (Toohey, Timothy)
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Filing 233
SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 , Order on Motion for Leave to File Document Under Seal,,,,,,,,,,, #215 filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in Support of Opposition to Motion to Dismiss, #2 Exhibit 1-19 Filed Under Seal, #3 Exhibit 20-39 Filed Under Seal, #4 Exhibit 40-50 Filed Under Seal, #5 Unredacted Document Separate Statement in Opposition to Motion for Summary Judgment)(Toohey, Timothy)
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Filing 232
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 Redacted filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in support of Opposition to Motion for Summary Judgment, #2 Exhibit 1-12 Redacted, #3 Exhibit 13-44 Redacted, #4 Exhibit 45-50 Redacted, #5 Redacted Document Separate Statement in Support of Opposition to Motion to Summary Judgment)(Toohey, Timothy)
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Filing 231
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 DEFENDANT AT&T MOBILITY LLCS EVIDENTIARY OBJECTIONS TO PLAINTIFFS ADDITIONAL FACTS IN SUPPORT OF PLAINTIFFS OPPOSITION TO SUMMARY JUDGMENT [REDACTED] filed by Defendant AT and T Mobility LLC. (Ochsenbein, Jeremy)
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Filing 230
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 DEFENDANT AT&T MOBILITY LLCS RESPONSE TO PLAINTIFFS ADDITIONAL FACTS IN SUPPORT OF PLAINTIFFS OPPOSITION TO SUMMARY JUDGMENT [REDACTED] filed by Defendant AT and T Mobility LLC. (Ochsenbein, Jeremy)
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Filing 229
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Document #227 , Sealed Document, #228 served on March 3, 2023. (Ochsenbein, Jeremy)
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Filing 228
SEALED DOCUMENT AT&T Evidentiary Objections to Plaintiff's Separate Statement in Support of MSJ Opposition re Reply (Motion related) #197 , Order on Motion for Leave to File Document Under Seal,, #218 filed by Defendant AT and T Mobility LLC.(Ochsenbein, Jeremy)
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Filing 227
SEALED DOCUMENT AT&T Responses to Plaintiff's Additional Facts re Reply (Motion related) #197 , Order on Motion for Leave to File Document Under Seal,, #218 filed by Defendant AT and T Mobility LLC.(Ochsenbein, Jeremy)
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Filing 226
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #225 served on 3/2/2023. (Toohey, Timothy)
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Filing 225
SEALED DOCUMENT Opposition to Motion to Strike re Order on Motion for Leave to File Document Under Seal #219 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 224
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Reply, #223 served on March 2, 2023. (Ochsenbein, Jeremy)
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Filing 223
SEALED REPLY RE SEALED NOTICE OF MOTION AND MOTION to Strike Improper Rebuttal Experts re Order on Motion for Leave to File Document Under Seal #205 #206 , Order on Motion for Leave to File Document Under Seal #221 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Declaration)(Ochsenbein, Jeremy)
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Filing 222
MINUTES OF HEARING RE: DEFENDANT AT&T MOBILITY LLC'S MOTION TO STRIKE PLAINTIFF'S IMPROPER REBUTTAL EXPERT REPORTS, OR, IN THE ALTERNATIVE, FOR LEAVE TO SERVE REBUTTAL EXPERT REPORTS [DKT. NOS. #176 (redacted)/ #206 (sealed)]; Motion Hearing held before Magistrate Judge Karen L. Stevenson. The Court hears oral argument. After further discussion with counsel, the Court takes the matter under submission. An Order will issue. Court Recorder: CS-02/28/2023. (hr)
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Filing 221
ORDER GRANTING DEFENDANT AT&T MOBILITY LLC'S APPLICATION TO FILE PLAINTIFF'S INTERROGATORY RESPONSES UNDER SEAL by Magistrate Judge Karen L. Stevenson: granting #194 APPLICATION to Seal Document(s). (see document for details) (hr)
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Filing 220
ORDER DENYING STIPULATION TO CONTINUE TRIAL DATE AND OTHER DATES #216 by Judge Otis D. Wright, II. (lc)
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Filing 219
ORDER GRANTING PLAINTIFF'S APPLICATION TO FILE DOCUMENTS UNDER SEAL by Magistrate Judge Karen L. Stevenson: granting #181 APPLICATION to Seal Document(s). (see document for details) (hr)
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Filing 218
ORDER GRANTING DEFENDANT AT&T MOBILITY LLC'S APPLICATION TO FILE SUMMARY JUDGMENT REPLY DOCUMENTS UNDER SEAL #198 by Judge Otis D. Wright, II. IT ISHEREBY ORDERED THAT the following documents shall be filed under seal as follows: Defendant AT&TMobility LLC's Response to Plaintiffs Additional Facts in Support of Plaintiff's Opposition to Summary Judgment; Defendant AT&T Mobility LLC's Evidentiary Objections to Plaintiff's Additional Facts. See order for details. (lom)
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Filing 217
NOTICE OF ERRATA filed by Plaintiff Michael Terpin. correcting Stipulation to Continue #216 (Attachments: #1 Exhibit SDNY Restitution Order dated December 1, 2023, #2 Exhibit SDNY Judgment dated December 19, 2023)(Blechner, Paul)
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Filing 216
STIPULATION to Continue Trial Date from May 2, 2023 to December 26, 2023 filed by Plaintiff Michael Terpin. (Attachments: #1 Proposed Order)(Blechner, Paul)
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Filing 215
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S APPLICATION TO SEAL #191 AND DENYING AS MOOT PLAINTIFF'S APPLICATION TO SEAL #185 by Judge Otis D. Wright, II. The Court GRANTS IN PART Plaintiff's Application to File Documents Under Seal, only to the extent expressly granted in the right column of the table attached to this order in Attachment A. The materials and portions of materials listed in the right column of that table may be redacted and filed under seal. The Application is otherwise DENIED. (ECF No. 191.) Plaintiff's initially filed application to seal is DENIED AS MOOT. (ECF No. 185.) Pursuant to Local Rule 79-5.2.2(b)(ii), to the extent the Court herein denies Plaintiff's Application to Seal, Plaintiff "may file the document in the public case (i.e., unsealed) no earlier than 4 days, and no later than 10 days, after the Application is denied." Pursuant to Local Rule 79-5.2.2(c), to the extent the Court herein grants Plaintiff's Application to Seal, Plaintiff MUST now file the approved document with whatever motion or other document the under-seal filing is intended to support." "The Clerk will not convert the PROPOSED sealed document submitted with the Application into a new filing." Id.See Attachment A to Order Re Plaintiff's Application. (lom)
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Filing 214
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #213 served on 2/23/2023. (Toohey, Timothy)
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Filing 213
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document relating to Opposition to Motion to Strike under seal #212 filed by Plaintiff Michael Terpin. (Attachments: #1 Unredacted Document Exhibit A Opposition to Motion to Strike, #2 Unredacted Document Exhibit B Sanders Expert Report)(Toohey, Timothy)
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Filing 212
EX PARTE APPLICATION to file document relating to Opposition to Motion to Strike under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Proposed Order)(Toohey, Timothy)
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Filing 211
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Court hereby CONTINUES the hearing on Defendant's Motion for Summary Judgment, (ECF Nos. #167 and #168 ), from February 27, 2023, to March 27, 2023, at 1:30 p.m. (lom)
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Filing 210
(IN CHAMBERS) ORDER RE: PLAINTIFF'S SEALED DECLARATION OF TIMOTHY J. TOOHEY IN SUPPORT OF DEFENDANT'S APPLICATION TO FILE PORTIONS OF EXPERT REPORTS UNDER SEAL [Dkt No. 178] by Magistrate Judge Karen L. Stevenson. Plaintiff seeks an order of the Court sealing certain documents identified in the Declaration of Timothy J. Toohey ("Toohey Decl.") offered in support of Defendant's Application to Seal portions of Expert Reports. (Dkt. No. 178.) #178 The Court previously granted Defendant's Application to Seal. (See Dkt. No. 205.) However, Plaintiff neither filed an application to seal on its own behalf, nor submitted a proposed order regarding the sealing of the documents identified in the Toohey Declaration. However, in the interest of justice and in light of the February 28, 2023 hearing on the motion to strike, if Plaintiff wishes to have certain of its documents filed under seal, on or before Friday, February 24, 2023, Plaintiff may file an ex parte application that identifies the specific documents to be considered for sealing and good cause for sealing said documents, along with a Proposed Order for the Courts consideration. (gr)
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Filing 209
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S IMPROPER REBUTTAL EXPERT REPORTS, OR IN THE ALTERNATIVE, FOR LEAVE TO SERVE REBUTTAL EXPERT REPORTS [DKT NOS. 176] by Magistrate Judge Karen L. Stevenson: The hearing on Defendants Motion to Strike Plaintiffs Improper Rebuttal Expert Reports (Dkt. No. 176) previously scheduled for Monday, February 27, 2022 at 1:30 p.m., has been referred to Chief Magistrate Judge Karen L. Stevenson and is re-scheduled to Tuesday, February 28, 2023, at 1:00 p.m. The hearing will take place at the Roybal Federal Courthouse, 255 East Temple Street, Los Angeles, California, 90012, Courtroom 580, 5th Floor. (et)
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Filing 208
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. The Stipulation to Continue Trial Date and Other Dates is DENIED. (ECF No. #204 .) Denial is without prejudice to the parties requesting a reasonable continuance based on a concrete showing of good cause. (lom)
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Filing 207
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re SEALED NOTICE OF MOTION AND MOTION to Strike Improper Rebuttal Experts re Order on Motion for Leave to File Document Under Seal #205 #206 served on February 21, 2023. (Ochsenbein, Jeremy)
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Filing 206
SEALED NOTICE OF MOTION AND MOTION to Strike Improper Rebuttal Experts re Order on Motion for Leave to File Document Under Seal #205 filed by Defendant AT and T Mobility LLC. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration)(Ochsenbein, Jeremy)
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Filing 205
ORDER GRANTING DEFENDANT AT&T MOBILITY LLC'S APPLICATION TO FILE EXPERT REPORTS UNDER SEAL by Magistrate Judge Karen L. Stevenson: granting #174 APPLICATION to Seal Document(s). (see document for details) (hr)
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Filing 204
STIPULATION to Continue Trial Date from May 2, 2023 to March 12, 2024 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Ochsenbein, Jeremy)
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Filing 203
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #202 served on 2/15/2023. (Toohey, Timothy)
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Filing 202
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Interrogatory Responses under seal #194 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 201
Objection opposition re: NOTICE OF MOTION AND MOTION to Strike Plaintiff's Rebuttal Expert Reports #176 Evidentiary Objections to Reply to Opposition of Plaintiff filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 200
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #199 served on February 13, 2023. (Ochsenbein, Jeremy)
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Filing 199
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Responses to Plaintiff's Additional Facts; AT&T Evidentiary Objections under seal #198 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Ochsenbein, Jeremy)
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Filing 198
APPLICATION to file document Responses to Plaintiff's Additional Facts; AT&T Evidentiary Objections under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Ochsenbein, Jeremy)
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Filing 197
REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 filed by Defendant AT and T Mobility LLC. (Ochsenbein, Jeremy)
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Filing 196
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration #195 served on February 13, 2023. (Ochsenbein, Jeremy)
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Filing 195
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Interrogatory Responses under seal #194 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Ochsenbein, Jeremy)
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Filing 194
APPLICATION to file document Interrogatory Responses under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document)(Ochsenbein, Jeremy)
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Filing 193
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #192 served on February 10, 2023. (Ochsenbein, Jeremy)
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Filing 192
SEALED DECLARATION IN SUPPORT OF Amended APPLICATION to file document Opposition to Summary Judgment; Separate Statement of Facts; Declaration of Timothy Toohey and Exhibits 1-50 thereto under seal #191 filed by Defendant AT and T Mobility LLC.(Ochsenbein, Jeremy)
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Filing 191
Amended APPLICATION to file document Opposition to Summary Judgment; Separate Statement of Facts; Declaration of Timothy Toohey and Exhibits 1-50 thereto under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Proposed Order Proposed Order, #2 Redacted Document Opposition to Motion for Summary Judgment, #3 Redacted Document Separate Statement of Facts in Support of Motion for Summary Judgment, #4 Declaration Toohey Declaration ISO Opposition to Motion for Summary Judgment, #5 Redacted Document Exhibits 1-6 to Toohey Declaration, #6 Redacted Document Exhibits 7-39 to Toohey Declaration, #7 Redacted Document Exhibits 40-45 to Toohey Decl., #8 Redacted Document Exhibits 46-50 to Toohey DEclaration)(Toohey, Timothy)
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Filing 190
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: APPLICATION to file document Opposition to motion to strike expert reports under seal #181 , APPLICATION to file document Opposition to motion for summary judgment, statement of genuine disputed material facts and declaration of Timothy J. Toohey and documents 1-50 attached thereto under seal #185 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Missing proposed orders (not found as attachments to applications nor supporting documents. Other error(s) with document(s): As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as a Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
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Filing 189
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration,,, #186 on third party Ellis Pinsky served on 2/7/2023. (Toohey, Timothy)
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Filing 188
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration,,, #186 on third party Prime Communications served on 2/7/2023. (Toohey, Timothy)
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Filing 187
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration,,, #186 served on 2/6/2003. (Toohey, Timothy)
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Filing 186
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to motion for summary judgment, statement of genuine disputed material facts and declaration of Timothy J. Toohey and documents 1-50 attached thereto under seal #185 filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in support of opposition to motion for summary judgment, #2 Unredacted Document Exhibits 1-11 to Toohey Declaration, #3 Unredacted Document Exhibits 12-21 to Toohey Declaration, #4 Unredacted Document Exhibits 22-43 to Toohey Declaration, #5 Unredacted Document Exhibits 44-50 to Toohey Declaration, #6 Unredacted Document Plaintiff's Statement of Genuine Disputed Material Facts and Conclusions of Law in Opposition to Motion for Summary Judgment, #7 Unredacted Document Plaintiff's Memorandum in Opposition to Motion for Summary Judgment)(Toohey, Timothy)
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Filing 185
APPLICATION to file document Opposition to motion for summary judgment, statement of genuine disputed material facts and declaration of Timothy J. Toohey and documents 1-50 attached thereto under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Redacted Document Redacted Opposition to Motion for Summary Judgment, #2 Redacted Document Redacted Statement of Genuine Disputed Material Facts and Conclusions of Law in Opposition to Motion for Summary Judgment, #3 Declaration Timothy J. Toohey in Opposition to Motion for Summary Judgment, #4 Redacted Document Exhibits 1-6 to Toohey Declaration, #5 Redacted Document Exhibits 7-39 to Toohey Declaration, #6 Redacted Document Exhibits 40-45 to Toohey Declaration, #7 Redacted Document Exhibits 46-50 to Toohey Declaration)(Toohey, Timothy)
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Filing 184
DECLARATION of Michael Terpin opposition NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims #168 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 183
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #182 served on 2/6/2023. (Toohey, Timothy)
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Filing 182
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to motion to strike expert reports under seal #181 filed by Plaintiff Michael Terpin. (Attachments: #1 Unredacted Document Opposition to Motion to Strike)(Toohey, Timothy)
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Filing 181
APPLICATION to file document Opposition to motion to strike expert reports under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Redacted Document Opposition to Motion to Strike)(Toohey, Timothy)
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Filing 180
DECLARATION of Timothy J. Toohey opposition NOTICE OF MOTION AND MOTION to Strike Plaintiff's Rebuttal Expert Reports #176 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 179
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #178 served on 1/31/2023. (Toohey, Timothy)
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Filing 178
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion to Strike and Declaration under seal #174 filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit B with Plaintiff's Proposed Redactions (Sanders Report))(Toohey, Timothy)
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Filing 177
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #175 served on January 27, 2023. (Ochsenbein, Jeremy)
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Filing 176
NOTICE OF MOTION AND MOTION to Strike Plaintiff's Rebuttal Expert Reports filed by Defendant AT and T Mobility LLC. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Ochsenbein Declaration, #2 Proposed Order) (Ochsenbein, Jeremy)
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Filing 175
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion to Strike and Declaration under seal #174 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document Motion to Strike, #2 Unredacted Document Ochsenbein Declaration)(Ochsenbein, Jeremy)
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Filing 174
APPLICATION to file document Motion to Strike and Declaration under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Redacted Document Motion to Strike, #2 Redacted Document Ochsenbein Declaration, #3 Proposed Order)(Ochsenbein, Jeremy)
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Filing 173
ORDER RE STIPULATION TO MODIFY FACT DISCOVERY DEADLINE #158 FOR TAKING OFNON-PARTY DEPOSITION #170 by Judge Otis D. Wright, II: 1. The 30(b)(6) deposition of non-party Prime shall proceed on February 2, 2023. 2. The fact discovery cutoff of January 25, 2023 (see Dkt no. 158) shall be continued solely to hold the Prime deposition on February 2; 3. Except as expressly stated herein, no other pending dates relating to discovery, pretrial, or trial matters in this Action are modified by this Stipulation, and the Parties retain and reserve all rights relating thereto. (lc)
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Filing 172
ORDER RE STIPULATION TO MODIFY EXPERT DISCOVERY DEADLINE #171 by Judge Otis D. Wright, II: The expert discovery cutoff of January 30, 2023 (Dkt. 66) shall be continued to March 7, 2023. Except as expressly stated herein, no other pending dates relating to discovery, pretrial, or trial matters in this Action are modified by this Stipulation. (lc)
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Filing 171
STIPULATION to Continue Expert Discovery Deadline from 1/30/23 to 3/7/23 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Ochsenbein, Jeremy)
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Filing 170
STIPULATION to Extend Discovery Cut-Off Date to 2/2/23 for Prime Deposition Only filed by plaintiff Michael Terpin. (Attachments: #1 Proposed Order)(Toohey, Timothy)
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Filing 169
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re SEALED NOTICE OF MOTION AND MOTION for Summary Judgment re Order on Motion for Leave to File Document Under Seal, #166 #167 served on 1/14/2023. (Johnson, Ashley)
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Filing 168
NOTICE OF MOTION AND MOTION for Summary Judgment as to All Claims filed by Defendant AT and T Mobility LLC. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Separate Statement of Undisputed Facts (Redacted), #2 Declaration Declaration of Jeremy Ochsenbein, #3 Declaration Declaration of Joseph Morella, #4 Declaration Declaration of Carl Brian Rexroad, #5 Proposed Order, #6 Proposed Judgment) (Ochsenbein, Jeremy)
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Filing 167
SEALED NOTICE OF MOTION AND MOTION for Summary Judgment re Order on Motion for Leave to File Document Under Seal, #166 filed by Defendant AT and T Mobility LLC. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Jeremy Ochsenbein, #2 Separate Statement of Undisputed Facts)(Ochsenbein, Jeremy)
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Filing 166
ORDER GRANTING IN PART DEFENDANT AT&T MOBILITY LLC'S APPLICATION TO FILED DOCUMENTS UNDER SEAL #159 by Judge Otis D. Wright, II: Only those listed in right column of the table above as expressly granted may be redacted and filed under seal. The Application is otherwise denied. (lc) Modified on 1/9/2023 (lc).
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Filing 165
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #164 served on 12/23/2022. (Toohey, Timothy)
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Filing 164
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (MSJ; Statement of Uncontroverted Facts and Conclusions of Law; Ochsenbein Declaration) under seal #159 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 163
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #160 served on December 23, 2022. (Ochsenbein, Jeremy)
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Filing 162
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #160 served on December 22, 2022. (Ochsenbein, Jeremy)
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Filing 161
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #160 served on December 22, 2022. (Ochsenbein, Jeremy)
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Filing 160
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (MSJ; Statement of Uncontroverted Facts and Conclusions of Law; Ochsenbein Declaration) under seal #159 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document)(Ochsenbein, Jeremy)
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Filing 159
APPLICATION to file document (MSJ; Statement of Uncontroverted Facts and Conclusions of Law; Ochsenbein Declaration) under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document, #4 Redacted Document)(Ochsenbein, Jeremy)
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Filing 158
ORDER RE STIPULATION TO MODIFY AND SET DATES RELATING TO DISCOVERY ANDMOTION PRACTICE (SEE DOCUMENT FOR SPECIFICS AND DEADLINES THEREIN) #152 by Judge Otis D. Wright, II: (lc)
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Filing 157
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Defense counsel request that the Court seal the entire docket no. (140) due to sensitive information. The Court grants this request and orders the clerks office to seal this document immediately. (lc)
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Filing 156
MINUTE (IN CHAMBERS) ORDER RE: PLAINTIFF MICHAEL TERPIN'S MOTION RE ORDER RESOLVING DISCOVERY ISSUES IN DISPUTE by Magistrate Judge Karen L. Stevenson: granting in part and denying in part #123 Motion to Compel Answers to Interrogatories; terminating #130 Supplemental Memorandum; terminating #134 Supplemental Memorandum. The Motion is GRANTED in part as to Interrogatory No. 19 as follows: within ten (10) days of the date of this Order, Defendant shall provide a supplemental response to Interrogatory No. 19 as outlined above. The Motion is DENIED in all other respects. (see document for further details) (hr)
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Filing 155
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On December 15, 2022, Defendant moved for summary judgment and applied for leave to file portions of that motion under seal. At the direction of the Court, on December 16, 2022, Defendant amended its motion for summary judgment to comply with Local Rule 11-6. In connection with that amendment, Defendant also filed another application for leave to file portions of the amended notice and motion under seal. The Court STRIKES both motions and both applications for leave to file under seal (docket no 140), #141 , #146 , #147 (SEE DOCUMENT FOR SPECIFICS). To refile these documents, Defendant must first file the application for leave to file under seal, including all supporting materials pursuant to Local Rule 79-5.2.2(a) and (b). Only after the Court has ruled on the application for leave may Defendant file the motion for summary judgment with all of its supporting materials, including any Court-approved redactions and associated under-seal materials. (lc) Modified on 12/21/2022 (lc).
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Filing 154
NOTICE OF ERRATA filed by Defendant AT and T Mobility LLC. correcting Amendment (Motion related) #146 (Ochsenbein, Jeremy)
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Filing 153
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #151 served on 12/19/2022. (Toohey, Timothy)
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Filing 152
STIPULATION to Continue Discovery Cut Off and Expert Rebuttal Deadlines and Summary Judgment Hearing Date from 1/9/23 Discovery Cut Off for Fact Witnesses; 12/23/22 Expert Rebuttal Deadline and 1/23/23 Hearing on Summary Judgment to 1/25/23 Discovery Cut Off for Fact Witnesses; 1/13/23 Expert Rebuttal Deadline and 2/27/23 Summary Judgment Hearing Re: Amendment (Motion related) #146 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #140 filed by plaintiff Michael Terpin. (Attachments: #1 Proposed Order)(Toohey, Timothy)
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Filing 151
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Amended Summary Judgment Motion under seal #147 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 150
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #142 served on December 15, 2022. (Ochsenbein, Jeremy)
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Filing 149
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration #148 served on December 16, 2022. (Ochsenbein, Jeremy)
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Filing 148
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Amended Summary Judgment Motion under seal #147 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document)(Ochsenbein, Jeremy)
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Filing 147
APPLICATION to file document Amended Summary Judgment Motion under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ochsenbein, Jeremy)
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Filing 146
Amendment to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint #140 filed by Defendant AT and T Mobility LLC. (Ochsenbein, Jeremy)
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Filing 145
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Defendant moves for summary judgment #140 , but fails to include the requisite certificate of compliance with Local Rule 11-6. Accordingly, the Court ORDERS Defendant to file a Local Rule 11-6 certificate of compliance within three court days of the date of this order. Alternatively, Defendant may file an amended motion that complies with Local Rule 11-6. Failure to comply with this Order may result in the Court striking the noncompliant filing (lc) Modified on 12/16/2022 (lc).
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Filing 144
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #142 served on December 15, 2022. (Ochsenbein, Jeremy)
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Filing 143
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Declaration in SupportDeclaration, #142 served on December 15, 2022. (Ochsenbein, Jeremy)
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Filing 142
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Summary Judgment Motion, Separate Statement of Uncontroverted Facts and Conclusions of Law, Ochsenbein Declaration under seal #141 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document Summary Judgment Motion, #2 Unredacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law, #3 Unredacted Document Ochsenbein Declaration)(Ochsenbein, Jeremy)
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Filing 141
APPLICATION to file document Summary Judgment Motion, Separate Statement of Uncontroverted Facts and Conclusions of Law, Ochsenbein Declaration under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order, #2 Redacted Document Summary Judgment Motion, #3 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law, #4 Redacted Document Ochsenben Declaration)(Ochsenbein, Jeremy)
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Filing 140
NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint filed by Defendant AT and T Mobility LLC. Motion set for hearing on 1/23/2023 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Redacted Document Separate Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration, #3 Declaration, #4 Declaration, #5 Proposed Order, #6 Proposed Order Proposed Judgment) (Ochsenbein, Jeremy)
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Filing 139
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Sealed Document #137 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
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Filing 138
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document, #137 Unredacted Exhibits P-1, P-7 and P-8 served on 12/1/2022. (Toohey, Timothy)
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Filing 137
SEALED DOCUMENT Unredacted Document Exhibit P-1 re MOTION to Supplement Joint Stipulation re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #123 Supplemental Memorandum #130 , Order on Motion for Leave to File Document Under Seal #136 filed by Plaintiff Michael Terpin. (Attachments: #1 Unredacted Document Exhibit P-7, #2 Unredacted Document Exhibit P-8)(Toohey, Timothy)
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Filing 136
ORDER by Magistrate Judge Karen L. Stevenson: granting #131 APPLICATION to Seal Documents. (see document for details) (hr)
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Filing 135
MINUTE (IN CHAMBERS) ORDER VACATING HEARING ON PLAINTIFF'S MOTION PLAINTIFF MICHAEL TERPIN RE: ORDER RESOLVING DISCOVERY ISSUES IN DISPUTE by Magistrate Judge Karen L. Stevenson, re: MOTION to Supplement Joint Stipulation re Discovery Dispute re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #134 , MOTION to Supplement Joint Stipulation re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #130 , MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #123 . Counsel are notified that, on the Court's own motion, the hearing on Plaintiff's Motion of Plaintiff Michael Terpin Re: Order Resolving Discovery Issues In Dispute (dkt no. 123), scheduled for Wednesday, November 30, 2022, at 10 a.m., is hereby VACATED. The motion is now fully briefed, and the Court deems this matter suitable for decision without oral argument. See C.D. Local Rule 7-15. An Order will issue. (hr)
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Filing 134
NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation re Discovery Dispute re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #123 filed by Defendant AT and T Mobility LLC. Motion set for hearing on 11/30/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (McRae, Marcellus)
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Filing 133
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #132 served on 11/16/2022. (Toohey, Timothy)
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Filing 132
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits P-1, P-7 and P-8 to Supplemental Memorandum under seal #131 filed by Plaintiff Michael Terpin. (Attachments: #1 Unredacted Document Exhibit P-1, #2 Unredacted Document Exhibit P-7, #3 Unredacted Document Exhibit P-8)(Toohey, Timothy)
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Filing 131
APPLICATION to file document Exhibits P-1, P-7 and P-8 to Supplemental Memorandum under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Proposed Order, #2 Redacted Document Exhibit P-1, #3 Redacted Document Exhibit P-7, #4 Redacted Document Exhibit P-8)(Toohey, Timothy)
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Filing 130
NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #123 Supplemental Memorandum filed by plaintiff Michael Terpin. Motion set for hearing on 11/30/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Exhibit P-1 (Under Seal), #2 Exhibit P-2, #3 Exhibit P-3, #4 Exhibit P-4, #5 Exhibit P-5, #6 Exhibit P-6, #7 Exhibit P-7 (Under Seal), #8 Exhibit P-8 (Under Seal), #9 Exhibit P-9)(Toohey, Timothy)
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Filing 129
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document, #128 served on 11/10/2022. (Toohey, Timothy)
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Filing 128
SEALED DOCUMENT Exhibits 1, 2 and 3 re MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC #123 , Order on Motion for Leave to File Document Under Seal, #127 filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit Exhibit 2, #2 Exhibit Exhibit 3)(Toohey, Timothy)
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Filing 127
ORDER by Magistrate Judge Karen L. Stevenson: Granting #124 APPLICATION to Seal Document. Re: APPLICATION to file document Exhibits 1, 2 and 3 to Joint Stipulation to Compel Further Responses to Interrogatories under seal #124 . (et)
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Filing 126
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #125 and Unredacted Exhibits served on 11/8/2022. (Toohey, Timothy)
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Filing 125
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1, 2 and 3 to Joint Stipulation to Compel Further Responses to Interrogatories under seal #124 filed by Plaintiff Michael Terpin. (Attachments: #1 Unredacted Document Exhibit 1 Unredacted, #2 Unredacted Document Exhibit 2 Unredacted, #3 Unredacted Document Exhibit 3 Unredacted)(Toohey, Timothy)
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Filing 124
APPLICATION to file document Exhibits 1, 2 and 3 to Joint Stipulation to Compel Further Responses to Interrogatories under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Proposed Order, #2 Exhibit Redacted Exhibit 1, #3 Exhibit Redacted Exhibit 2, #4 Exhibit Redacted Exhibit 3)(Toohey, Timothy)
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Filing 123
NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of AT&T Mobility, LLC filed by plaintiff Michael Terpin. Motion set for hearing on 11/30/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Memorandum Joint Stipulation Regarding Motion to Compel Responses to Interrogatories 17-20, #2 Exhibit Redacted Exhibit 1, #3 Exhibit Redacted Exhibit 2, #4 Exhibit Redacted Exhibit 3, #5 Exhibit Exhibit 4)(Toohey, Timothy)
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Filing 122
MINUTES OF TELEPHONIC CONFERENCE RE:DISCOVERY DISPUTE settling #119 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Karen L. Stevenson. The Court directed Plaintiff to file motion to compel in the Joint Stipulation format pursuant to Local Rule 37-2. A hearing on the motion to compel will be held on Wednesday, November 30, 2022, at 10:00 a.m. (see document for further details) Court Recorder: XTR- 10/12/2022. (hr)
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Filing 121
MINUTE (IN CHAMBERS) ORDER DENYING DEFENDANT AT&T's MOTION RE DISPUTE AS TO PLAINTIFF'S RESPONSE TO AT&T'S INTERROGATORY NO. 30 by Magistrate Judge Karen L. Stevenson: denying #91 Motion. Plaintiff is not required to provide any written response to Interrogatory No. 30. (see document for further details) (hr)
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Filing 120
MINUTE (IN CHAMBERS) ORDER GRANTING PLAINTIFF MICHAEL TERPIN'S MOTION FOR ORDER COMPELLING AT&T TO PRODUCE PRIVILEGE LOG by Magistrate Judge Karen L. Stevenson: granting #90 , #108 Motion for Order Compelling AT&T to Produce a Privilege Log. Within ten (10) days of the date of this Order, Defendant shall provide a supplemental privilege log to Plaintiff that identifies the documents subsumed in the previous single privilege log entry by describing the nature of the individual documents withheld "in a manner that, without revealing information itself privileged or protected," will enable Plaintiff to assess the claim. (see document for further details) (hr)
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Filing 119
MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 10/12/2022 at 2:30 PM before Magistrate Judge Karen L. Stevenson. (hr)
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Filing 118
MINUTES OF MOTION HEARINGS HELD VIA ZOOM VIDEOTELEPHONIC RE: (1) PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO PRODUCE PRIVILEGE LOG; AND (2) DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO PROVIDE ADEQUATE WRITTEN RESPONSES TO AT&T'S INTERROGATORY NO. 30 (Dkt. Nos. #90 & #91 ) held before Magistrate Judge Karen L. Stevenson. After hearing the arguments of counsel, the Court takes the motions under submission. Orders will issue. Court Recorder: Zoom VTC-Courtsmart- 09/21/2022. (hr)
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Filing 117
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Document, #116 served on September 8, 2022. (Ochsenbein, Jeremy)
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Filing 116
SEALED DOCUMENT JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE DISPUTE AS TO PLAINTIFFS RESPONSE TO AT&TS INTERROGATORY NO. 30 re Order on Motion for Leave to File Document Under Seal #105 filed by Defendant AT and T Mobility LLC.(Ochsenbein, Jeremy)
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Filing 115
MEMORANDUM in Support of MOTION for Order for compelling Plaintiff Michael Terpin to provide adequate written responses to AT&Ts Interrogatory No. 30. #91 Supplemental Memorandum filed by Defendant AT and T Mobility LLC. (Ochsenbein, Jeremy)
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Filing 114
MEMORANDUM in Opposition to MOTION for Order for compelling AT&T to produce a privilege log and related issues #90 Supplemental Memorandum filed by Defendant AT and T Mobility LLC. (Johnson, Ashley)
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Filing 113
MEMORANDUM in Opposition to MOTION for Order for compelling Plaintiff Michael Terpin to provide adequate written responses to AT&Ts Interrogatory No. 30. #91 Supplemental Memorandum filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 112
MEMORANDUM in Support of MOTION for Order for compelling AT&T to produce a privilege log and related issues #90 Supplemental Memorandum filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 111
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #110 served on 09/07/2022. (Toohey, Timothy)
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Filing 110
SEALED DOCUMENT Exhibit O re MOTION for Order for compelling AT&T to produce a privilege log and related issues #90 , Order on Motion for Leave to File Document Under Seal #109 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 109
ORDER by Magistrate Judge Karen L. Stevenson: Granting #106 APPLICATION to Seal Document. Re: Corrected APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal #92 and #106 . (et) Modified on 9/8/2022 (et).
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Filing 108
Amendment to MOTION for Order for compelling AT&T to produce a privilege log and related issues #90 Joint Stipulation of the Parties filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in Support of Discovery Motion, #2 Exhibit Exhibit A to Declaration of Timothy J Toohey, #3 Exhibit Exhibits B-D to Declaration of Timothy J Toohey, #4 Exhibit Exhibits E-K to Declaration of Timothy J Toohey, #5 Exhibit Exhibits L-N to Declaration of Timothy J. Toohey, #6 Redacted Document Exhibit O (Redacted) to Declaration of Timothy J. Toohey, #7 Declaration Declaration of Ashley Johnson in Opposition to Discovery Motion, #8 Exhibit Exhibits 1-5 to Declaration of Ashley Johnson)(Toohey, Timothy)
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Filing 107
SEALED DOCUMENT Exhibit O re Corrected APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal #106 , Order on Motion for Order re Discovery Matter,,, Telephone Conference,, #87 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 106
Corrected APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Redacted Document Exhibit O, #2 Proposed Order)(Toohey, Timothy)
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Filing 105
ORDER GRANTING DEFENDANT AT&T MOBILITY LLC'S APPLICATION TO FILE DOCUMENTS UNDER SEAL by Magistrate Judge Karen L. Stevenson: granting #103 APPLICATION to Seal Document(s). (see document for details) (hr)
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Filing 104
SEALED DECLARATION IN SUPPORT OF Corrected APPLICATION to file document JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE DISPUTE AS TO PLAINTIFFS RESPONSE TO AT&TS INTERROGATORY NO. 30 under seal #103 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Unredacted Document)(Ochsenbein, Jeremy)
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Filing 103
Corrected APPLICATION to file document JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE DISPUTE AS TO PLAINTIFFS RESPONSE TO AT&TS INTERROGATORY NO. 30 under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Redacted Document, #2 Proposed Order)(Ochsenbein, Jeremy)
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Filing 102
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal #92 , APPLICATION to file document Exhibits A, B, D, 2 and 3 to Joint Discovery Stipulation under seal #94 , Deficiency in Electronically Filed Documents (G-112A) #100 by Magistrate Judge Karen L. Stevenson. 1. You must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (Leave to File Under Seal), and the declaration and unredacted documents using another, sealed event (Sealed Declaration in Support); 2. See L.R. 79-5.2.2 and the Guide to Electronically Filing Under-Seal Documents in Civil Cases on the court's website. (hr)
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Filing 101
DECLARATION of Ashley E. Johnson in support of APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal #92 filed by Defendant AT and T Mobility LLC. (Johnson, Ashley)
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Filing 100
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Applications to File Documents Under Seal #92 , #94 . The following error(s) was/were found: 1. You must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (Leave to File Under Seal), and the declaration and unredacted documents using another, sealed event (Sealed Declaration in Support); 2. See L.R. 79-5.2.2 and the Guide to Electronically Filing Under-Seal Documents in Civil Cases on the court's website. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
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Filing 99
PROOF OF SERVICE filed by plaintiff Michael Terpin, re APPLICATION to file document Exhibits A, B, D, 2 and 3 to Joint Discovery Stipulation under seal #94 Declaration of Timothy J. Toohey in Support and Proposed Redactions served on 08/25/2022. (Toohey, Timothy)
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Filing 98
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, FOR UNDER SEAL JOINT STIPULATION PURSUANT TO LOCAL RULE 37-2 RE DISPUTE AS TO PLAINTIFFS RESPONSE TO AT&TS INTERROGATORY NO. 30 served on August 24, 2022. (Ochsenbein, Jeremy)
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Filing 97
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Proof of Service (subsequent documents), #93 Notice of Manual Filing of Exhibit O to Joint Stipulation; Exhibit O to be filed under seal served on 08/24/2022. (Toohey, Timothy)
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Filing 96
PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re APPLICATION to file document Exhibits A, B, D, 2 and 3 to Joint Discovery Stipulation under seal #94 served on August 24, 2022. (Ochsenbein, Jeremy)
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Filing 95
Notice of Appearance or Withdrawal of Counsel: for attorney Emily Grace Avazian counsel for Plaintiff Michael Terpin. Adding Emily Avazian as counsel of record for Michael Terpin for the reason indicated in the G-123 Notice. Filed by Plaintiff Michael Terpin. (Attorney Emily Grace Avazian added to party Michael Terpin(pty:pla))(Avazian, Emily)
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Filing 94
APPLICATION to file document Exhibits A, B, D, 2 and 3 to Joint Discovery Stipulation under seal filed by Defendant AT and T Mobility LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Ochsenbein, Jeremy)
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Filing 93
PROOF OF SERVICE filed by plaintiff Michael Terpin, re APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal #92 and associated documents (Declaration of Timothy J. Toohey and Proposed Order) served on 08/24/2022. (Toohey, Timothy)
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Filing 92
APPLICATION to file document Exhibit O to Joint Discovery Declaration under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy J. Toohey in Support of Application to File Under Seal, #2 Proposed Order Granting Application to File Under Seal)(Toohey, Timothy)
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Filing 91
NOTICE OF MOTION AND MOTION for Order for compelling Plaintiff Michael Terpin to provide adequate written responses to AT&Ts Interrogatory No. 30. filed by Defendant AT and T Mobility LLC. Motion set for hearing on 9/21/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Ochsenbein, Jeremy)
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Filing 90
NOTICE OF MOTION AND MOTION for Order for compelling AT&T to produce a privilege log and related issues filed by plaintiff Michael Terpin. Motion set for hearing on 9/21/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Toohey, Timothy)
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Filing 89
MINUTES OF TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE settling #88 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Karen L. Stevenson. The Court determined that briefing would be useful to resolve this discovery dispute and authorized Defendant to bring a motion to compel in the Joint Stipulation format under Local Rule 37-2 and to set the motion on the Court's regular hearing calendar. (see document for further details) Court Recorder: CS 08/09/2022. (hr)
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Filing 88
MOTION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE. The telephonic discovery conference is scheduled for August 9, 2022 at 2:00 p.m. The call-in information has been provided to the participating parties by email. (et)
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Filing 87
MINUTES OF TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE settling #86 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Karen L. Stevenson. After discussion with the parties and noting that Federal Rule of Civil Procedure 26(b)(5) requires that a privilege log contain sufficient detail to "enable other parties to assess the claim," the Court directed Plaintiff to file a motion to compel Defendant to provide detail on its privilege log consistent with Rule 26(b)(5). A hearing should be set on a regular motion hearing date from the Court's calendar. (see document for further details) Court Recorder: XTR- 07/25/2022. (hr)
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Filing 86
MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 7/25/2022 at 1:00 PM before Magistrate Judge Karen L. Stevenson. (hr)
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Filing 85
MINUTE (IN CHAMBERS) ORDER DENYING PLAINTIFF MICHAEL TERPIN'S MOTION RE: ORDER RESOLVING DISCOVERY ISSUES IN DISPUTE by Magistrate Judge Karen L. Stevenson: denying #76 Motion. The Motion is DENIED. Each party to bear its own costs. (see document for further details) (hr)
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Filing 84
MINUTE (IN CHAMBERS) ORDER VACATING HEARING ON MOTION PLAINTIFF OF MICHAEL TERPIN RE ORDER RESOLVING DISCOVERY ISSUES IN DISPUTE by Magistrate Judge Karen L. Stevenson, re: Corrected MOTION for Order for Resolving Issues Regarding Production of Documents #76 . Counsel are notified that, on the Court's own motion, the hearing on the Motion of Plaintiff Michael Terpin Re Order Resolving Discovery Issues in Dispute (Dkt No.76), scheduled for Wednesday, June 8, 2022, at 10 a.m., is hereby VACATED. The motion is now fully briefed, and the Court deems this matter suitable for decision without oral argument. (hr)
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Filing 83
MEMORANDUM in Support of Corrected MOTION for Order for Resolving Issues Regarding Production of Documents #76 Supplemental Memorandum Pursuant to Rule 37.2.3 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 82
MINUTES OF TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTES settling #81 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Karen L. Stevenson. On Issue No. 1, after further discussion with the parties, the Court concludes that briefing is necessary to evaluate the relevance and proportionality of the information sought and to assess the adequacy of Plaintiff's prior responses. Accordingly, the parties may set out their respective positions and authorities in the joint stipulation format under Local Rule 37-2 and select a regular motion hearing date from the Court's calendar. As to Issue (2), the Court declines to order briefing on this issue. (see document for further details) Court Recorder: XTR- 05/05/2022. (hr)
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Filing 81
MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 5/5/2022 at 9:00 AM before Magistrate Judge Karen L. Stevenson. (hr)
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Filing 80
Notice of Appearance or Withdrawal of Counsel: for attorney Jeremy Scott Ochsenbein counsel for Defendant AT and T Mobility LLC. Adding Jeremy S. Ochsenbein as counsel of record for AT&T Mobility LLC for the reason indicated in the G-123 Notice. Filed by Defendant AT&T Mobility LLC. (Attorney Jeremy Scott Ochsenbein added to party AT and T Mobility LLC(pty:dft))(Ochsenbein, Jeremy)
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Filing 79
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #78 , Sealed Document #77 served on March 31, 2022. (Toohey, Timothy)
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Filing 78
SEALED DOCUMENT Exhibit 1 re Corrected MOTION for Order for Resolving Issues Regarding Production of Documents #76 , Order on Motion for Leave to File Document Under Seal #69 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 77
SEALED DOCUMENT Exhibit A re Order on Motion for Leave to File Document Under Seal #69 , Corrected MOTION for Order for Resolving Issues Regarding Production of Documents #76 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 76
NOTICE OF MOTION AND Corrected MOTION for Order for Resolving Issues Regarding Production of Documents filed by plaintiff Michael Terpin. Motion set for hearing on 6/8/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Memorandum Corrected Joint Discovery Stipulation)(Toohey, Timothy)
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Filing 75
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) #74 , MOTION for Order for Resolving Issues Regarding Production of Documents #70 by Magistrate Judge Karen L. Stevenson. PLEASE SELECT AN OPEN MOTION HEARING DATE FROM THE COURT'S REGULAR MOTION HEARING CALENDAR. (hr)
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Filing 74
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Order for Resolving Issues Regarding Production of Documents #70 . The following error(s) was/were found: THE SELECTED MOTION HEARING DATE IS CLOSED. PLEASE REVIEW THE JUDGE'S PROCEDURES AND SCHEDULES (CLOSED MOTION DATES) TO SELECT AN AVAILABLE MOTION HEARING DATE. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
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Filing 73
PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #72 , Sealed Document #71 Exhibits A and 1 to Joint Stipulation served on March 30, 2022. (Toohey, Timothy)
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Filing 72
SEALED DOCUMENT Exhibit 1 re MOTION for Order for Resolving Issues Regarding Production of Documents #70 , Order on Motion for Leave to File Document Under Seal #69 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 71
SEALED DOCUMENT Exhibit A re MOTION for Order for Resolving Issues Regarding Production of Documents #70 , Order on Motion for Leave to File Document Under Seal #69 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
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Filing 70
NOTICE OF MOTION AND MOTION for Order for Resolving Issues Regarding Production of Documents filed by plaintiff Michael Terpin. Motion set for hearing on 4/20/2022 at 10:00 AM before Magistrate Judge Karen L. Stevenson. (Attachments: #1 Signed Application Joint Stipulation of Parties Regarding Discovery Dispute)(Toohey, Timothy)
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Filing 69
ORDER by Magistrate Judge Karen L. Stevenson: granting #67 APPLICATION to Seal Document(s). (see document for details) (hr)
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Filing 68
PROOF OF SERVICE filed by plaintiff Michael Terpin, re APPLICATION to file document Exhibits A and 1 to Joint Stipulation under seal #67 for Documents to be Sealed (Exhibits A and 1) served on March 24, 2022. (Toohey, Timothy)
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Filing 67
APPLICATION to file document Exhibits A and 1 to Joint Stipulation under seal filed by Plaintiff Michael Terpin. (Attachments: #1 Declaration of Timothy Toohey in support of application to file documents under seal, #2 Proposed Order granting plaintiff's application to file documents under seal)(Toohey, Timothy)
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Filing 66
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order CONTINUING Trial and Related Dates. Upon consideration of the stipulation filed by the parties #65 , the Court hereby ORDERS that the following dates and deadlines shall supersede those previously set in this matter: Final Pretrial Conference set for 4/10/2023 01:30 PM ; Jury Trial set for 5/2/2023 09:00 AM ; Motion in Limine set for hearing on 4/24/2023 at 01:30 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 65
STIPULATION to Continue Trial Date from August 23, 2022 to May 2, 2023 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Johnson, Ashley)
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Filing 64
MINUTES OF TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTES settling #62 Motion Re: Informal Discovery Dispute; Telephone Conference held before Magistrate Judge Karen L. Stevenson. After further discussion, the Court concludes that briefing would be useful to resolve these issues. Accordingly, the Plaintiffs are authorized to file motion to compel in the joint stipulation format under Local Rule 37-2 and select a regular motion hearing date from the Court's calendar. (see document for further details) Court Recorder: XTR- 02/07/2022. (hr)
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Filing 63
MINUTES OF TELEPHONIC CONFERENCE RE:DISCOVERY DISPUTES held before Magistrate Judge Karen L. Stevenson: Case called. Counsel state their appearances. The Court notified the parties of a potential conflict. After determining whether recusal is required, the Court will resume the discovery call on Monday, February 7, 2022, at 3:00 p.m. Court Reporter: XTR-2/4/2022. (et)
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Filing 62
MOTION RE: INFORMAL DISCOVERY DISPUTE. Telephone Conference set for 2/4/2022 at 1:00 PM before Magistrate Judge Karen L. Stevenson. (hr)
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Filing 61
ORDER EXTENDING SCHEDULING ORDER DEADLINES #60 by Judge Otis D. Wright, II: Final Pretrial Conference set for 7/25/2022 01:30 PM ; Motion in Limine set for hearing on 8/8/2022 at 01:30 PM ; Jury Trial set for 8/23/2022 09:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 60
Corrected STIPULATION to Continue Trial Date from June 7, 2022 to August 9, 2022 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Johnson, Ashley)
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Filing 59
STIPULATION to Continue Trial Date from June 7, 2022 to August 9, 2022 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Johnson, Ashley)
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Filing 58
PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order #57 . (see document for details) (hr)
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Filing 57
STIPULATION for Protective Order filed by Defendant AT and T Mobility LLC.(Johnson, Ashley)
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Filing 55
Motion Re: Informal Discovery Dispute (gr)
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Filing 54
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (lc)
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Filing 53
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Schedule of Trial and Pretrial Dates: Jury Trial : 6/7/22 9:00 AM; Hearing on Motions in Limine: 5/23/22 1:30 PM; Final Pretrial Conference: 5/9/22 1:30 PM. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (lc)
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Filing 52
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12 days, filed by Plaintiff Michael Terpin.. (Toohey, Timothy)
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Filing 51
ORDER that the Scheduling Conference is set for January 11, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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Filing 50
ANSWER to Amended Complaint/Petition #42 filed by Defendant AT and T Mobility LLC.(McRae, Marcellus)
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Filing 49
ORDER GRANTING DEFENDANT'S PARTIAL MOTION TO DISMISS #43 by Judge Otis D. Wright, II: The Court finds it premature to dismiss Doe defendants 1-10, as they are permitted by Local Rule 19-1 and facts may develop during discovery which enable Mr. Terpin to identify the Does. However, as no complaint may include more than ten Doe defendants, the Court GRANTS AT&T's motion to dismiss Doe defendants 11-25 with prejudice. (lc) Modified on 9/8/2020 (lc). Modified on 9/8/2020 (lc).
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Filing 48
RESPONSE filed by Defendant AT and T Mobility LLCto Request for Judicial Notice, #47 (Johnson, Ashley)
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Filing 47
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof (12(b)(6)) #43 filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit Exhibits 1-4)(Toohey, Timothy)
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Filing 46
The hearing on the MOTION TO DISMISS #43 , scheduled for May 4, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 45
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof (12(b)(6)) #43 filed by Defendant AT and T Mobility LLC. (McRae, Marcellus)
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Filing 44
OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof (12(b)(6)) #43 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 43
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof (12(b)(6)) filed by Defendant AT and T Mobility LLC. Motion set for hearing on 5/4/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Johnson, Ashley)
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Filing 42
SECOND AMENDED COMPLAINT against Defendant AT and T Mobility LLC amending Amended Complaint/Petition #32 , filed by Plaintiff Michael Terpin (Attachments: #1 Exhibit Exhibits A-F to Second Amended Complaint)(Toohey, Timothy)
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Filing 41
NOTICE of Change of Attorney Business or Contact Information: for attorney Paul A Blechner counsel for Plaintiff Michael Terpin. Changing address to 2049 Century Park E., Suite 2600. Filed by Plaintiff Michael Terpin. (Blechner, Paul)
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Filing 40
NOTICE of Change of address by Timothy J Toohey attorney for Plaintiff Michael Terpin. Changing attorneys address to 2049 Century Park East, Suite 2600, Los Angeles, CA 90067. Filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 39
ORDER RE STIPULATION REGARDING DEFENDANTS RESPONSIVE PLEADING #38 by Judge Otis D. Wright, II: 1. In light of Plaintiffs intention to file a Second Amended Complaint, Defendant need not answer the portions of the currently operative Amended Complaint that survive under this Courts February 24, 2020 Order; 2. Plaintiff will file a Second Amended Complaint pursuant to the CourtsFebruary 24, 2020 Order; 3. Defendant will file a responsive pleading directed at the Second Amended Complaint pursuant to Federal Rules of Civil Procedure 12 and 15, once the Second Amended Complaint is filed. (lc)
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Filing 38
STIPULATION for Extension of Time to File Responsive Pleading filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order)(Johnson, Ashley)
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Filing 37
ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS MOTION TO DISMISS #33 by Judge Otis D. Wright, II: The Court GRANTS, IN PART, and DENIES, IN PART, AT&Ts Motion to Dismiss. Mr. Terpin may amend the FAC to address the deficiencies identified above within 21 days from the date of this Order. (lc). Modified on 2/24/2020 .(lc).
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Filing 36
The hearing on the MOTION TO DISMISS #33 , scheduled for September 23, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 35
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #33 filed by Defendant AT and T Mobility LLC. (McRae, Marcellus)
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Filing 34
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #33 filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit A)(Toohey, Timothy)
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Filing 33
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendant AT and T Mobility LLC. Motion set for hearing on 9/23/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (McRae, Marcellus)
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Filing 32
First AMENDED COMPLAINT against Defendant AT and T Mobility LLC, Does amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Michael Terpin (Attachments: #1 Exhibit Exhibits A-F to Complaint)(Toohey, Timothy)
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Filing 31
ORDER RE STIPULATION REGARDING DEFENDANTS RESPONSIVE PLEADING #30 by Judge Otis D. Wright, II: In light of Plaintiffs intention to file an Amended Complaint, Defendant need not answer the portions of the currently operative Complaint that survive under this Courts July 19 Order.. Plaintiff will file an Amended Complaint pursuant to the Courts July 19, 2019 Order. Defendant will file a responsive pleading directed at the Amended Complaint pursuant to Federal Rules of Civil Procedure 12 and 15, once the Amended Complaint is filed. (lc)
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Filing 30
STIPULATION for Extension of Time to File Defendant's Responsive Pleading filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order re Stipulation Regarding Defendant's Responsive Pleading)(McRae, Marcellus)
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Filing 29
ORDER GRANTING, IN PART, AND DENYING IN PART, DEFENDANTS MOTION TO DISMISS #14 ; AND DENYING DEFENDANTS MOTION TO STRIKE #15 by Judge Otis D. Wright, II: The Court GRANTS IN PART, and DENIES IN PART, AT&Ts Motion to Dismiss and DENIES AT&Ts Motion to Strike Mr. Terpin may amend his Complaint to address the deficiencies identified above within 21 days from the date of this Order. (lc)
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Filing 28
Notice of Appearance or Withdrawal of Counsel: for attorney Marcellus A McRae counsel for Defendant AT and T Mobility LLC. Michael M. Lee is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AT&T MOBILITY LLC. (McRae, Marcellus)
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Filing 27
OPPOSITION to AT&T's request for judicial notice re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof #14 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 26
The hearing on the MOTION TO DISMISS #14 and MOTION TO STRIKE #15 , scheduled for January 28, 2019 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 25
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof #14 filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order Granting AT&T Mobility LLCs Request for Judicial Notice In Support Of Motion To Dismiss The Complaint)(McRae, Marcellus)
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Filing 24
ON THE COURT'S OWN MOTION, the hearing on Defendant's Motion to Dismiss #14 and Motion to Strike #15 are CONTINUED from December 3, 2018, to January 28, 2019, at 1:30 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
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Filing 23
REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Strike Portions of a Complaint ; Memorandum of Points and Authorities In Support Thereof #15 filed by Defendant AT and T Mobility LLC. (McRae, Marcellus)
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Filing 22
REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof #14 filed by Defendant AT and T Mobility LLC. (McRae, Marcellus)
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Filing 21
ORDER GRANTING APPLICATION of Non-Resident Attorney Ashley E. Johnson to Appear Pro Hac Vice on behalf of Defendant AT and T Mobility LLC and designating Marcellus A MacRae as local counsel #20 by Judge Otis D. Wright, II (lc)
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Filing 20
APPLICATION of Non-Resident Attorney Ashley E. Johnson to Appear Pro Hac Vice on behalf of Defendant AT and T Mobility LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22751512) filed by Defendant AT and T Mobility LLC. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (McRae, Marcellus)
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Filing 19
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof #14 filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit in Support of Opposition to Motion to Dismiss)(Toohey, Timothy)
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Filing 18
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Portions of a Complaint ; Memorandum of Points and Authorities In Support Thereof #15 filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 17
ORDER RE STIPULATION TO EXTEND HEARING DATE FOR DEFENDANTS MOTION TO DISMISS AND MOTION TO STRIKE #16 by Judge Otis D. Wright, II:The hearing by the Court on the Motions to Dismiss and Motion to Strike will be continued from November 19, 2018 to December 3, 2018 at 1:30 p.m. #14 , #15 . Plaintiff will file its oppositions to the Motion to Dismiss and Motion to Strike on November 5, 2018; and Defendant will file its replies to Plaintiffs oppositions to the Motion to Dismiss and Motion to Strike on November 19, 2018. (lc)
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Filing 16
STIPULATION to Continue Hearing on Defendants' Motions to Dismiss and to Strike from November 19, 2018 to December 3, 2018 Re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof #14 , NOTICE OF MOTION AND MOTION to Strike Portions of a Complaint ; Memorandum of Points and Authorities In Support Thereof #15 filed by plaintiff Michael Terpin. (Attachments: #1 Proposed Order)(Toohey, Timothy)
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Filing 15
NOTICE OF MOTION AND MOTION to Strike Portions of a Complaint ; Memorandum of Points and Authorities In Support Thereof filed by Defendant AT and T Mobility LLC. Motion set for hearing on 11/19/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (McRae, Marcellus)
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Filing 14
NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities In Support Thereof filed by Defendant AT and T Mobility LLC. Motion set for hearing on 11/19/2018 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (McRae, Marcellus)
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Filing 13
CERTIFICATE of Interested Parties filed by Defendants AT and T Mobility LLC, identifying AT&T Mobility LLC. (McRae, Marcellus)
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Filing 12
NOTICE of Appearance filed by attorney Eric David Vandevelde on behalf of Defendant AT and T Mobility LLC (Attorney Eric David Vandevelde added to party AT and T Mobility LLC(pty:dft))(Vandevelde, Eric)
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Filing 11
NOTICE of Appearance filed by attorney Marcellus A McRae on behalf of Defendant AT and T Mobility LLC (Attorney Marcellus A McRae added to party AT and T Mobility LLC(pty:dft))(McRae, Marcellus)
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Filing 10
NOTICE of Appearance filed by attorney Michael M Lee on behalf of Defendant AT and T Mobility LLC (Attorney Michael M Lee added to party AT and T Mobility LLC(pty:dft))(Lee, Michael)
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Filing 9
NOTICE OF DISMISSAL filed by plaintiff Michael Terpin pursuant to FRCP 41a(1) as to AT and T Inc. (Toohey, Timothy)
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Filing 8
WAIVER OF SERVICE Returned Executed filed by plaintiff Michael Terpin. upon AT and T Mobility LLC waiver sent by Plaintiff on 8/23/2018, answer due 10/22/2018. Waiver of Service signed by Niki Okcu. (Toohey, Timothy)
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Filing 7
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-06975 ODW(KSx). (rn)
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Filing 6
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Maria A. Audero. (car)
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Filing 3
NOTICE of Interested Parties filed by Plaintiff Michael Terpin, (Toohey, Timothy)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Michael Terpin. (Toohey, Timothy)
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Filing 1
COMPLAINT Receipt No: 0973-22255737 - Fee: $400, filed by Plaintiff Michael Terpin. (Attachments: #1 Exhibit Exhibits A-D to Complaint) (Attorney Timothy J Toohey added to party Michael Terpin(pty:pla))(Toohey, Timothy)
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