Michael Terpin v. AT and T Inc et al
Plaintiff: Michael Terpin
Defendant: AT and T Mobility LLC, Does 1-25, AT and T Inc and Does 1-10
Case Number: 2:2018cv06975
Filed: August 15, 2018
Court: US District Court for the Central District of California
Presiding Judge: Maria A Audero
Referring Judge: Karen L Stevenson
2 Judge: Otis D Wright
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. ยง 0227 Violation of Telephone Consumer Protection Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2023 Opinion or Order 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)
April 24, 2023 Opinion or Order 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)
April 17, 2023 Opinion or Order 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)
April 6, 2023 Opinion or Order 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)
April 5, 2023 Opinion or Order 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)
March 30, 2023 Opinion or Order 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)
March 29, 2023 Opinion or Order 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)
March 28, 2023 Opinion or Order Filing 243 SEALED - ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (bm)
March 22, 2023 Opinion or Order 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)
March 21, 2023 Opinion or Order 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)
March 21, 2023 Opinion or Order 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
March 20, 2023 Opinion or Order 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)
March 20, 2023 Opinion or Order 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)
March 20, 2023 Opinion or Order 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)
March 16, 2023 Opinion or Order 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)
March 8, 2023 Opinion or Order 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)
March 6, 2023 Opinion or Order Filing 234 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Opposition,, #233 served on 3/6/2023. (Toohey, Timothy)
March 6, 2023 Opinion or Order 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)
March 6, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
March 3, 2023 Opinion or Order 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)
March 2, 2023 Opinion or Order Filing 226 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #225 served on 3/2/2023. (Toohey, Timothy)
March 2, 2023 Opinion or Order 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)
March 2, 2023 Opinion or Order Filing 224 PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Reply, #223 served on March 2, 2023. (Ochsenbein, Jeremy)
March 2, 2023 Opinion or Order 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)
February 28, 2023 Opinion or Order 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)
February 28, 2023 Opinion or Order 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)
February 28, 2023 Opinion or Order Filing 220 ORDER DENYING STIPULATION TO CONTINUE TRIAL DATE AND OTHER DATES #216 by Judge Otis D. Wright, II. (lc)
February 28, 2023 Opinion or Order 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)
February 24, 2023 Opinion or Order 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)
February 24, 2023 Opinion or Order 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)
February 24, 2023 Opinion or Order 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)
February 24, 2023 Opinion or Order 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)
February 23, 2023 Opinion or Order Filing 214 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #213 served on 2/23/2023. (Toohey, Timothy)
February 23, 2023 Opinion or Order 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)
February 23, 2023 Opinion or Order 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)
February 23, 2023 Opinion or Order 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)
February 22, 2023 Opinion or Order 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)
February 22, 2023 Opinion or Order 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)
February 22, 2023 Opinion or Order 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)
February 21, 2023 Opinion or Order 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)
February 21, 2023 Opinion or Order 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)
February 17, 2023 Opinion or Order 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)
February 16, 2023 Opinion or Order 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)
February 15, 2023 Opinion or Order Filing 203 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #202 served on 2/15/2023. (Toohey, Timothy)
February 15, 2023 Opinion or Order Filing 202 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Interrogatory Responses under seal #194 filed by Plaintiff Michael Terpin.(Toohey, Timothy)
February 15, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 13, 2023 Opinion or Order 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)
February 10, 2023 Opinion or Order 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)
February 10, 2023 Opinion or Order 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)
February 9, 2023 Opinion or Order 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)
February 8, 2023 Opinion or Order 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)
February 7, 2023 Opinion or Order 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)
February 7, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order Filing 187 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration,,, #186 served on 2/6/2003. (Toohey, Timothy)
February 6, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order Filing 183 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #182 served on 2/6/2023. (Toohey, Timothy)
February 6, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order 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)
February 6, 2023 Opinion or Order 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)
January 31, 2023 Opinion or Order Filing 179 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #178 served on 1/31/2023. (Toohey, Timothy)
January 31, 2023 Opinion or Order 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)
January 27, 2023 Opinion or Order 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)
January 27, 2023 Opinion or Order 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)
January 27, 2023 Opinion or Order 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)
January 27, 2023 Opinion or Order 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)
January 24, 2023 Opinion or Order 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)
January 24, 2023 Opinion or Order 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)
January 23, 2023 Opinion or Order 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)
January 23, 2023 Opinion or Order 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)
January 23, 2023 Opinion or Order 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)
January 14, 2023 Opinion or Order 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)
January 14, 2023 Opinion or Order 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)
January 9, 2023 Opinion or Order 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).
December 23, 2022 Opinion or Order Filing 165 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #164 served on 12/23/2022. (Toohey, Timothy)
December 23, 2022 Opinion or Order 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)
December 23, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
December 21, 2022 Opinion or Order 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)
December 20, 2022 Opinion or Order 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)
December 20, 2022 Opinion or Order 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).
December 19, 2022 Opinion or Order Filing 154 NOTICE OF ERRATA filed by Defendant AT and T Mobility LLC. correcting Amendment (Motion related) #146 (Ochsenbein, Jeremy)
December 19, 2022 Opinion or Order Filing 153 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration #151 served on 12/19/2022. (Toohey, Timothy)
December 19, 2022 Opinion or Order 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)
December 19, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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)
December 16, 2022 Opinion or Order 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).
December 15, 2022 Opinion or Order 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)
December 15, 2022 Opinion or Order 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)
December 15, 2022 Opinion or Order 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)
December 15, 2022 Opinion or Order 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)
December 15, 2022 Opinion or Order 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)
December 1, 2022 Opinion or Order 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)
December 1, 2022 Opinion or Order 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)
December 1, 2022 Opinion or Order 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)
November 29, 2022 Opinion or Order Filing 136 ORDER by Magistrate Judge Karen L. Stevenson: granting #131 APPLICATION to Seal Documents. (see document for details) (hr)
November 29, 2022 Opinion or Order 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)
November 16, 2022 Opinion or Order 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)
November 16, 2022 Opinion or Order Filing 133 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Declaration in SupportDeclaration, #132 served on 11/16/2022. (Toohey, Timothy)
November 16, 2022 Opinion or Order 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)
November 16, 2022 Opinion or Order 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)
November 16, 2022 Opinion or Order 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)
November 10, 2022 Opinion or Order Filing 129 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document, #128 served on 11/10/2022. (Toohey, Timothy)
November 10, 2022 Opinion or Order 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)
November 10, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
November 8, 2022 Opinion or Order 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)
October 12, 2022 Opinion or Order 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)
October 12, 2022 Opinion or Order 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)
October 11, 2022 Opinion or Order 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)
October 6, 2022 Opinion or Order 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)
September 21, 2022 Opinion or Order 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)
September 8, 2022 Opinion or Order Filing 117 PROOF OF SERVICE filed by Defendant AT and T Mobility LLC, re Sealed Document, #116 served on September 8, 2022. (Ochsenbein, Jeremy)
September 8, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order Filing 111 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #110 served on 09/07/2022. (Toohey, Timothy)
September 7, 2022 Opinion or Order 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)
September 7, 2022 Opinion or Order 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).
September 6, 2022 Opinion or Order 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)
September 5, 2022 Opinion or Order 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)
September 5, 2022 Opinion or Order 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)
September 1, 2022 Opinion or Order 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)
August 31, 2022 Opinion or Order 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)
August 31, 2022 Opinion or Order 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)
August 30, 2022 Opinion or Order 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)
August 29, 2022 Opinion or Order 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)
August 26, 2022 Opinion or Order 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)
August 25, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 24, 2022 Opinion or Order 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)
August 23, 2022 Opinion or Order 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)
August 23, 2022 Opinion or Order 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)
August 9, 2022 Opinion or Order 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)
August 3, 2022 Opinion or Order 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)
July 25, 2022 Opinion or Order 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)
July 19, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 3, 2022 Opinion or Order 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)
May 25, 2022 Opinion or Order 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)
May 5, 2022 Opinion or Order 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)
April 27, 2022 Opinion or Order 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)
April 12, 2022 Opinion or Order 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)
March 31, 2022 Opinion or Order Filing 79 PROOF OF SERVICE filed by plaintiff Michael Terpin, re Sealed Document #78 , Sealed Document #77 served on March 31, 2022. (Toohey, Timothy)
March 31, 2022 Opinion or Order 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)
March 31, 2022 Opinion or Order 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)
March 31, 2022 Opinion or Order 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)
March 31, 2022 Opinion or Order 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)
March 31, 2022 Opinion or Order 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)
March 30, 2022 Opinion or Order 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)
March 30, 2022 Opinion or Order 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)
March 30, 2022 Opinion or Order 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)
March 30, 2022 Opinion or Order 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)
March 28, 2022 Opinion or Order Filing 69 ORDER by Magistrate Judge Karen L. Stevenson: granting #67 APPLICATION to Seal Document(s). (see document for details) (hr)
March 24, 2022 Opinion or Order 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)
March 24, 2022 Opinion or Order 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)
February 22, 2022 Opinion or Order 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)
February 18, 2022 Opinion or Order 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)
February 7, 2022 Opinion or Order 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)
February 4, 2022 Opinion or Order 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)
February 2, 2022 Opinion or Order 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)
November 4, 2021 Opinion or Order 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)
November 3, 2021 Opinion or Order 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)
November 3, 2021 Opinion or Order 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)
May 25, 2021 Opinion or Order Filing 58 PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Stipulation for Protective Order #57 . (see document for details) (hr)
May 24, 2021 Opinion or Order Filing 57 STIPULATION for Protective Order filed by Defendant AT and T Mobility LLC.(Johnson, Ashley)
April 23, 2021 Opinion or Order Filing 55 Motion Re: Informal Discovery Dispute (gr)
December 29, 2020 Opinion or Order 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)
December 29, 2020 Opinion or Order 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)
December 28, 2020 Opinion or Order Filing 52 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12 days, filed by Plaintiff Michael Terpin.. (Toohey, Timothy)
September 23, 2020 Opinion or Order 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)
September 22, 2020 Opinion or Order Filing 50 ANSWER to Amended Complaint/Petition #42 filed by Defendant AT and T Mobility LLC.(McRae, Marcellus)
September 8, 2020 Opinion or Order 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).
June 1, 2020 Opinion or Order Filing 48 RESPONSE filed by Defendant AT and T Mobility LLCto Request for Judicial Notice, #47 (Johnson, Ashley)
May 26, 2020 Opinion or Order 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)
April 24, 2020 Opinion or Order 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
April 20, 2020 Opinion or Order 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)
April 13, 2020 Opinion or Order 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)
March 30, 2020 Opinion or Order 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)
March 16, 2020 Opinion or Order 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)
March 13, 2020 Opinion or Order 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)
March 11, 2020 Opinion or Order 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)
March 2, 2020 Opinion or Order 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)
February 28, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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).
September 18, 2019 Opinion or Order 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
September 9, 2019 Opinion or Order 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)
August 30, 2019 Opinion or Order 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)
August 23, 2019 Opinion or Order 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)
August 9, 2019 Opinion or Order 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)
July 29, 2019 Opinion or Order 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)
July 26, 2019 Opinion or Order 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)
July 19, 2019 Opinion or Order 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)
July 2, 2019 Opinion or Order 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)
January 23, 2019 Opinion or Order 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)
January 23, 2019 Opinion or Order 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
January 22, 2019 Opinion or Order 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)
November 28, 2018 Opinion or Order 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
November 19, 2018 Opinion or Order 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)
November 19, 2018 Opinion or Order 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)
November 16, 2018 Opinion or Order 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)
November 15, 2018 Opinion or Order 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)
November 5, 2018 Opinion or Order 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)
November 5, 2018 Opinion or Order 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)
October 25, 2018 Opinion or Order 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)
October 24, 2018 Opinion or Order 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)
October 22, 2018 Opinion or Order 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)
October 22, 2018 Opinion or Order 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)
October 22, 2018 Opinion or Order Filing 13 CERTIFICATE of Interested Parties filed by Defendants AT and T Mobility LLC, identifying AT&T Mobility LLC. (McRae, Marcellus)
October 22, 2018 Opinion or Order 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)
October 22, 2018 Opinion or Order 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)
October 22, 2018 Opinion or Order 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)
August 23, 2018 Opinion or Order Filing 9 NOTICE OF DISMISSAL filed by plaintiff Michael Terpin pursuant to FRCP 41a(1) as to AT and T Inc. (Toohey, Timothy)
August 23, 2018 Opinion or Order 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)
August 16, 2018 Opinion or Order 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)
August 16, 2018 Opinion or Order 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)
August 15, 2018 Opinion or Order Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
August 15, 2018 Opinion or Order Filing 4 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Maria A. Audero. (car)
August 15, 2018 Opinion or Order Filing 3 NOTICE of Interested Parties filed by Plaintiff Michael Terpin, (Toohey, Timothy)
August 15, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed by Plaintiff Michael Terpin. (Toohey, Timothy)
August 15, 2018 Opinion or Order 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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Search for this case: Michael Terpin v. AT and T Inc et al
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Defendant: AT and T Mobility LLC
Represented By: Eric David Vandevelde
Represented By: Ashley E Johnson
Represented By: Michael M Lee
Represented By: Marcellus A McRae
Represented By: Jeremy Scott Ochsenbein
Represented By: Michael M. Lee
Represented By: Nancy L Stagg
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Defendant: Does 1-25
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Defendant: AT and T Inc
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Defendant: Does 1-10
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Plaintiff: Michael Terpin
Represented By: Pierce Henry O'Donnell
Represented By: Timothy J Toohey
Represented By: Paul A Blechner
Represented By: Emily Grace Avazian
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