DCR Marketing Inc. v. U.S. Alliance Group, Inc.
DCR Marketing Inc. |
U.S. Alliance Group, Inc., Diana Fletcher and U.S. Alliance Group, Inc. doing business as Alternative Payments International |
8:2019cv01897 |
October 3, 2019 |
US District Court for the Central District of California |
Douglas F McCormick |
James V Selna |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Both |
Docket Report
This docket was last retrieved on August 24, 2022. A more recent docket listing may be available from PACER.
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Filing 274 Notice Lodging of Proposed Findings of Fact and Conclusions of Law filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. (Attachments: #1 Proposed Findings of Fact and Conclusions of Law)(Miller, Adam) |
Filing 273 NOTICE OF LODGING filed re Pretrial-Trial Scheduling Order - form only #205 (Attachments: #1 Memorandum DEFENDANT U.S. ALLIANCE GROUP, INC.S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AS IT RELATES TO DCR MARKETING, INC. AND BLUE NOVIS, INC.)(Huber, James) |
Filing 272 OPPOSITION in Opposition to DCR's re: for Attorney Fees #262 filed by Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 270 MINUTES [IN CHAMBERS] Minute Order re Motions in Limine by Judge James V. Selna: The parties have filed a series of Motions in Limine. The Court now enters its rulings. Several Motions relate to Blue Novis, Inc.'s ("Blue Novis") proposed expert Kavan Thanasith ("Thanasith"). Because of the overlapping nature of the Motions, they are dealt with separately in Section IV. Denying as moot #210 Motion in Limine to Exclude Blue Novis, Inc.'s Excessive Motions in Limine; Denying #211 Motion in Limine to Allow Kavan Thanasith to Serve as an Expert and Provide Expert Opinions; Granting #212 Motion in Limine for Admissions; Granting #214 Motion in Limine to Exclude of Kavan Thanasith; Granting #216 Motion in Limine to Preclude Kavan Thanasith from Testifying and/or Offering any Opinions at Trial. [SEE DOCUMENT FOR FURTHER DETAILS.] (es) |
Filing 269 CERTIFICATE OF SERVICE filed by Cross-Defendant DCR Marketing Inc., re Declaration,, #268 served on August 17, 2022. (Miller, Corey) |
Filing 268 DECLARATION of Diana Fletcher in Defense to USAG's Counterclaims filed by Counter Defendant DCR Marketing Inc.. (Attachments: #1 Exhibit DCR's Trial Exhibit 6, #2 Exhibit DCR's Trial Exhibit 7, #3 Exhibit DCR's Trial Exhibit 23, #4 Exhibit DCR's Trial Exhibit 35, #5 Exhibit DCR's Trial Exhibit 36, #6 Exhibit DCR's Trial Exhibit 38, #7 Exhibit DCR's Trial Exhibit 41, #8 Exhibit DCR's Trial Exhibit 43, #9 Exhibit DCR's Trial Exhibit 47, #10 Exhibit USAG's Trial Exhibit 95-76 - 95-82, #11 Exhibit USAG's Trial Exhibit 132)(Miller, Corey) |
Filing 267 DECLARATION of FADI CHEIKHA in Support of USAG's Defenses to Plaintiffs' Claims filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit)(Huber, James) |
Filing 266 DECLARATION of KERI PRESTON in Support of USAG's Defenses to Plaintiffs' Claims filed by Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 265 FINAL PRETRIAL CONFERENCE ORDER by Judge James V. Selna, See Order for details. (es) |
Filing 264 Certificate of Service filed by Plaintiff DCR Marketing Inc., Counter Defendant DCR Marketing Inc. re: Notice of Lodging #263 , First APPLICATION for Costs against U.S. Alliance Group, Inc. #262 (Gerber, Jonathan) |
Filing 263 NOTICE OF LODGING filed Proposed Order re First APPLICATION for Costs against U.S. Alliance Group, Inc. #262 (Attachments: #1 Proposed Order re Application for Costs and Fees)(Gerber, Jonathan) |
Filing 262 [PLAINTIFF/COUNTER-DEFENDANT DCR MARKETING, INC.'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES IN THE AMOUNT OF $7,000 AGAINST U.S. ALLIANCE GROUP, INC. AND/OR ITS COUNSEL OF RECORD AND IN FAVOR OF DCR WITH RESPECT TO DCR'S MOTION IN LIMINE TO EXCLUDE THANASITH'S TESTIMONY filed as] First APPLICATION for Costs against U.S. Alliance Group, Inc. filed by Plaintiff/ Counter Defendant DCR Marketing Inc.. (Attachments: #1 Declaration of Corey A. Miller, #2 Exhibit A to Corey A. Miller's Declaration) (Gerber, Jonathan) Modified on 8/18/2022 (es). |
Filing 261 ORDER GRANTING DEFENDANT U.S. ALLIANCE GROUP, INC'S APPLICATION FOR LEAVE TO PLACE UNDER SEAL by Judge James V. Selna: Granting #259 APPLICATION for Leave to file Under Seal. IT IS HEREBY ORDERED that USAG's Application is GRANTED, and ECF documents listed below are hereby permanently sealed. [See Order for details.] (es) |
Filing 260 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits listed in the matrix) under seal #259 filed by Counter Claimant U.S. Alliance Group, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document, #10 Unredacted Document, #11 Unredacted Document, #12 Unredacted Document, #13 Unredacted Document, #14 Unredacted Document, #15 Unredacted Document, #16 Unredacted Document, #17 Unredacted Document, #18 Unredacted Document, #19 Unredacted Document, #20 Unredacted Document, #21 Unredacted Document, #22 Unredacted Document, #23 Unredacted Document, #24 Unredacted Document, #25 Unredacted Document, #26 Unredacted Document, #27 Unredacted Document, #28 Unredacted Document, #29 Unredacted Document, #30 Unredacted Document, #31 Unredacted Document, #32 Unredacted Document, #33 Unredacted Document, #34 Unredacted Document, #35 Unredacted Document, #36 Unredacted Document, #37 Unredacted Document, #38 Unredacted Document, #39 Unredacted Document, #40 Unredacted Document, #41 Unredacted Document, #42 Unredacted Document, #43 Unredacted Document, #44 Unredacted Document, #45 Unredacted Document, #46 Unredacted Document, #47 Unredacted Document, #48 Unredacted Document, #49 Unredacted Document, #50 Unredacted Document)(Huber, James) |
Filing 259 APPLICATION to file document (Exhibits listed in the matrix) under seal filed by Counter Claimant U.S. Alliance Group, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document, #3 Redacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Redacted Document, #10 Redacted Document, #11 Redacted Document, #12 Redacted Document, #13 Redacted Document, #14 Redacted Document, #15 Redacted Document, #16 Redacted Document, #17 Redacted Document, #18 Redacted Document, #19 Redacted Document, #20 Redacted Document, #21 Redacted Document, #22 Redacted Document, #23 Redacted Document, #24 Redacted Document, #25 Redacted Document, #26 Redacted Document, #27 Redacted Document, #28 Redacted Document, #29 Redacted Document, #30 Redacted Document, #31 Redacted Document, #32 Redacted Document, #33 Redacted Document, #34 Redacted Document, #35 Redacted Document, #36 Redacted Document, #37 Redacted Document, #38 Redacted Document, #39 Redacted Document, #40 Redacted Document, #41 Redacted Document, #42 Redacted Document, #43 Redacted Document, #44 Redacted Document, #45 Redacted Document, #46 Redacted Document, #47 Redacted Document, #48 Redacted Document, #49 Redacted Document)(Huber, James) |
Filing 271 MINUTES OF PRETRIAL CONFERENCE AND MOTIONS IN LIMINE held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. Motions in limine are argued. A separate order re motions in limine to issue. Pretrial Conference held. The Court gives each side 8 hours to present their case in this Bench Trial. Court Reporter: Court Smart. (es) |
Filing 258 DECLARATION of KERI PRESTON re Declaration, #257 ADDITIONAL EXHIBITS filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit USAG EX 71-1 -71-21, #2 Exhibit USAG EX 86-1 -86-198, #3 Exhibit USAG EX 87-1 -87-61, #4 Exhibit USAG EX 88-1 -88-126, #5 Exhibit USAG EX 89-1 -89-221, #6 Exhibit USAG EX 90-1 -90-241, #7 Exhibit USAG EX 91-1 -91-183, #8 Exhibit USAG EX 92-1 -92-72, #9 Exhibit USAG EX 93-1 -93-48, #10 Exhibit USAG EX 94-1 -94-92, #11 Exhibit USAG EX 95-1 -95-158, #12 Exhibit USAG EX 96-67 -96-68, #13 Exhibit USAG EX 110-1, #14 Exhibit USAG EX 112-50, #15 Exhibit USAG EX 126-6, #16 Exhibit USAG EX 175-1, #17 Exhibit USAG EX 175-2, #18 Exhibit USAG EX 175-3, #19 Exhibit USAG EX 175-4, #20 Exhibit USAG EX 175-5 -175-21, #21 Exhibit USAG EX 175-22 -175-38, #22 Exhibit USAG EX 175-39 -175-55, #23 Exhibit USAG EX 175-56 -175-72, #24 Exhibit USAG EX 175-73 -175-81, #25 Exhibit USAG EX 175-75, #26 Exhibit USAG EX 175-80, #27 Exhibit USAG EX 175-82 -175-87, #28 Exhibit USAG EX 175-88 -175-90, #29 Exhibit USAG EX 175-91, #30 Exhibit USAG EX 175-98, #31 Exhibit USAG EX 175-99, #32 Exhibit USAG EX 175-100 -175-101, #33 Exhibit USAG EX 175-102, #34 Exhibit USAG EX 175-103 -175-112, #35 Exhibit USAG EX 175-113 -175-116, #36 Exhibit USAG EX 175-117, #37 Exhibit USAG EX 175-118 -175-125, #38 Exhibit USAG EX 175-126 -175-130, #39 Exhibit USAG EX 175-131 -175-133, #40 Exhibit USAG EX 175-134 -175-140, #41 Exhibit USAG EX 175-141, #42 Exhibit USAG EX 175-142 -175-146, #43 Exhibit USAG EX 175-318 -175-321, #44 Exhibit USAG EX 175-325, #45 Exhibit USAG EX 175-327 -175-332, #46 Exhibit USAG EX 175-333 -175-348, #47 Exhibit USAG EX 175-349, #48 Exhibit USAG EX 175-350, #49 Exhibit USAG EX 175-351 -175-352, #50 Exhibit USAG EX 175-353, #51 Exhibit USAG EX 175-354 -175-401, #52 Exhibit USAG EX 175-402 -175-407, #53 Exhibit USAG EX 175-408, #54 Exhibit USAG EX 175-409 -175-410, #55 Exhibit USAG EX 175-411, #56 Exhibit USAG EX 175-412 -175-418, #57 Exhibit USAG EX 175-419 -175-420, #58 Exhibit USAG EX 175-421 -175-423, #59 Exhibit USAG EX 175-424 -175-431, #60 Exhibit USAG EX 175-432 -175-433, #61 Exhibit USAG EX 175-434 -175-442, #62 Exhibit USAG EX 175-436, #63 Exhibit USAG EX 175-437, #64 Exhibit USAG EX 175-441, #65 Exhibit USAG EX 175-443 -175-448, #66 Exhibit USAG EX 175-449 -175-464, #67 Exhibit USAG EX 175-465, #68 Exhibit USAG EX 175-466 -175-467, #69 Exhibit USAG EX 175-468, #70 Exhibit USAG EX 175-469, #71 Exhibit USAG EX 175-470 -175-573, #72 Exhibit USAG EX 175-574 -175-591, #73 Exhibit USAG EX 175-592 -175-593, #74 Exhibit USAG EX 175-594 -175-595, #75 Exhibit USAG EX 175-596, #76 Exhibit USAG EX 175-597 -175-598, #77 Exhibit USAG EX 175-599, #78 Exhibit USAG EX 175-600, #79 Exhibit USAG EX 175-601 -175-604, #80 Exhibit USAG EX 175-605 -175-606, #81 Exhibit USAG EX 175-607 -175-612, #82 Exhibit USAG EX 175-613 -175-617, #83 Exhibit USAG EX 175-618 -175-621)(Huber, James) |
Filing 257 DECLARATION of KERI PRESTON filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit USAG EX 68-5, #2 Exhibit USAG EX 69-1 -69-506, #3 Exhibit USAG EX 70-1 -70-2665 part 1, #4 Exhibit USAG EX 70-1 -70-2665 part 2)(Huber, James) |
Filing 256 DECLARATION of FADI CHEIKHA filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit USAG EX 1-1 -1-34, #2 Exhibit USAG EX 48-1 -48-2, #3 Exhibit USAG EX 68-1 -68-9, #4 Exhibit USAG EX 70-1 -70-2665, #5 Exhibit USAG EX 73-1 -73-17, #6 Exhibit USAG EX 76-1 -76-303, #7 Exhibit USAG EX 76-304 -76-596, #8 Exhibit USAG EX 77-113 -77-122, #9 Exhibit USAG EX 78-1 -78-1218, #10 Exhibit USAG EX 80-1 -80-4, #11 Exhibit USAG EX 81-1, #12 Exhibit USAG EX 82-1 -82-9, #13 Exhibit USAG EX 83-1 -83-2, #14 Exhibit USAG EX 84-1 -84-16, #15 Exhibit USAG EX 110-1, #16 Exhibit USAG EX 125-1 -125-12, #17 Exhibit USAG EX 222-1 -222-4, #18 Exhibit USAG EX 239-1 -239-4, #19 Exhibit USAG EX 247-1 -247-298 part 1, #20 Exhibit USAG EX 247-1 -247-298 part 2, #21 Exhibit USAG EX 258-1 -258-130 part 1, #22 Exhibit USAG EX 258-1 -258-130-2 part 2, #23 Exhibit USAG EX 260-1 -260-33, #24 Exhibit USAG EX 261-1 -261-263)(Huber, James) |
Filing 255 DECLARATION of KAVAN THANASITH filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit USAG EX 68-1 -68-9, #2 Exhibit USAG EX 69-128, #3 Exhibit USAG EX 70-23, #4 Exhibit USAG EX 70-43, #5 Exhibit USAG EX 76-1 -76-303, #6 Exhibit USAG EX 76-304 -76-596, #7 Exhibit USAG EX 77-1 -77-173, #8 Exhibit USAG EX 78-1 -78-1218, #9 Exhibit USAG EX 80-1 -80-4, #10 Exhibit USAG EX 81-1, #11 Exhibit USAG EX 82-1 -82-9, #12 Exhibit USAG EX 83-1 -83-2, #13 Exhibit USAG EX 84-1 -84-16, #14 Exhibit USAG EX 86-73 -86-89, #15 Exhibit USAG EX 91-1 -91-17, #16 Exhibit USAG EX 110-1, #17 Exhibit USAG EX 247-20 -247-26, #18 Exhibit USAG EX 247-28 -247-32, #19 Exhibit USAG EX 247-35 -247-36, #20 Exhibit USAG EX 247-37 -247-38, #21 Exhibit USAG EX 247-40, #22 Exhibit USAG EX 247-42 -247-118, #23 Exhibit USAG EX 247-120 -247-203, #24 Exhibit USAG EX 247-205 -247-213)(Huber, James) |
Filing 254 CERTIFICATE OF SERVICE OF DECLARATION OF CAROLINE RUTENBAR filed by Defendant U.S. Alliance Group, Inc. re: Declaration #252 (Huber, James) |
Filing 253 DECLARATION of Diana Fletcher re Witness Testimony Summaries #250 ERRATA SEPARATING ATTACHMENTS filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Exhibit Plaintiff's Ex. 6, #2 Exhibit Plaintiff's Ex. 7, #3 Exhibit Plaintiff's Ex. 30, #4 Exhibit Plaintiff's Ex. 36, #5 Exhibit Plaintiff's Ex. 40, #6 Exhibit Plaintiff's Ex. 41, #7 Exhibit Plaintiff's Ex. 42, #8 Exhibit Plaintiff's Ex. 43, #9 Exhibit Plaintiff's Ex. 47, #10 Exhibit Plaintiff's Ex. 48)(Miller, Corey) |
Filing 252 DECLARATION of CAROLINE RUTENBAR filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit USAG EX 56-1, #2 Exhibit USAG EX 68-1 -68-9, #3 Exhibit USAG EX 106-1 -106-34)(Huber, James) |
Filing 251 CERTIFICATE OF SERVICE filed by Plaintiff DCR Marketing Inc., re Witness Testimony Summaries #250 served on August 10, 2022. (Miller, Corey) |
Filing 250 WITNESS TESTIMONY SUMMARIES filed by Plaintiff DCR Marketing Inc.. (Miller, Corey) |
Filing 249 ORDER GRANTING JOINT STIPULATION TO CONTINUED TRIAL DATE by Judge James V. Selna, re Stipulation for New Trial #246 . IT IS HEREBY ORDERED that the trial is continued to August 30, 2022 at 8:40 a.m. Pretrial Conference is continued to August 15, 2022 at 11:00 a.m. (es) |
Filing 248 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff DCR Marketing Inc.. (Attachments: #1 Proposed Order, #2 Exhibit)(Miller, Corey) |
Filing 247 NOTICE OF LODGING filed Proposed Order re Stipulation for New Trial #246 (Attachments: #1 Proposed Order)(Gerber, Jonathan) |
Filing 246 STIPULATION for New Trial on August 29, 2022 filed by Plaintiff/ Counter Defendants DCR Marketing Inc..(Gerber, Jonathan) |
Filing 245 MINUTE ORDER [IN CHAMBERS] ORDER RE PRETRIAL CONFERENCE ORDER by Judge James V. Selna: The parties have filed separate proposed pretrial conference orders. (Docket Nos. 239, 241.) The Local Rules require a single joint proposal. (Local Rule 16-7.) The parties shall file a single joint proposed pretrial conference order within seven days. If they fail to do so, the parties shall show cause in writing within seven days why the Court should not strike their pleading, enter defaults and/or sanction counsel or the parties for failure to comply with the Local Rules. re: Notice of Lodging Proposed Pretrial Order #239 , Notice of Lodging Proposed Pretrial Order #241 . (es) |
Filing 244 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Declaration #243 served on March 4, 2022. (Miller, Corey) |
Filing 243 DECLARATION of Corey A. Miller re Notice of Lodging Proposed Pretrial Order #241 filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Miller, Corey) |
Filing 242 DECLARATION of James C. Huber re Notice of Lodging Proposed Pretrial Order #241 CERTIFICATE OF SERVICE filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 241 NOTICE OF LODGING Proposed Pretrial Conference Order Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Proposed Order)(Huber, James) |
Filing 240 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Notice of Lodging Proposed Pretrial Order, #239 served on March 3, 2022. (Miller, Corey) |
Filing 239 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff DCR Marketing Inc.. (Attachments: #1 Proposed Order Proposed Final Pretrial Conference Order Signed by DCR Marketing, Inc., Diana Fletcher, and Blue Novis, Inc., #2 Exhibit Attachment A DCR Marketing, Inc. and Diana Fletcher's Objections to Exhibits)(Miller, Corey) |
Filing 238 RESPONSE IN SUPPORT of MOTION IN LIMINE (1 of 3) to Admit (1) That the Merchant Services Agreement is a Valid Enforceable Agreement Between DCR Marketing, Inc. and U.S. Alliance Group, Inc. and; (2) That U.S. Alliance Group, Inc. Terminated the Merchant Services Agreement #212 filed by Plaintiff DCR Marketing Inc.. (Miller, Adam) |
Filing 237 REPLY In support of Motion in Limine No. 3 MOTION IN LIMINE (3 of 3) to Preclude Kavan Thanasith from Testifying and/or Offering any Opinions at Trial #216 filed by Plaintiff DCR Marketing Inc.. (Miller, Adam) |
Filing 236 REPLY Support of Motion in Limine no. 2 MOTION IN LIMINE (2 of 3) to Exclude The Opinions of Kavan Thanasith as well as the Expert Report of Kavan Thanasith; and Precluding Kavan Thanasith from Testifying at Trial #214 filed by Plaintiff DCR Marketing Inc.. (Miller, Adam) |
Filing 235 REPLY IN SUPPORT OF Second MOTION IN LIMINE to Allow Kavan Thanasith to Serve as an Expert and Provide Expert Opinions on Behalf of USAG at the Time of Trial #211 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 234 REPLY IN SUPPORT OF First MOTION IN LIMINE to Exclude Blue Novis, Inc.'s Excessive Motions in Limine #210 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 233 [DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC. d/b/a ALTERNATIVE PAYMENTS INTERNATIONAL'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE NO. 1 TO EXCLUDE BLUE NOVIS, INC.'S EXCESSIVE MOTIONS IN LIMINE filed as] NOTICE OF MOTION AND MOTION IN LIMINE to Exclude BLUE NOVIS, INC.'S EXCESSIVE MOTIONS IN LIMINE filed by Defendant/Counter Claimant U.S. Alliance Group, Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna.(Huber, James) Modified on 3/1/2022 (es). |
Filing 232 NOTICE of Errata re USAG's Memorandum of Contentions of Fact and Law filed by Defendant/Counterclaimant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 231 Amended MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant/Counterclaimant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 230 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Memorandum of Contentions of Fact and Law #229 served on February 18, 2022. (Miller, Corey) |
Filing 229 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. (Miller, Corey) |
Filing 228 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Response in Opposition to Motion #227 served on February 18, 2022. (Miller, Corey) |
Filing 227 OPPOSITION to Second MOTION IN LIMINE to Allow Kavan Thanasith to Serve as an Expert and Provide Expert Opinions on Behalf of USAG at the Time of Trial #211 filed by Plaintiff DCR Marketing Inc.. (Miller, Corey) |
Filing 226 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Witness List #224 served on February 18, 2022. (Miller, Corey) |
Filing 225 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re Exhibit List #223 served on February 18, 2022. (Miller, Corey) |
Filing 224 Witness List filed by Plaintiff/Cross-Defendant DCR Marketing Inc... (Miller, Corey) |
Filing 223 Proposed Joint Exhibit List filed by Plaintiff/Cross-Defendant DCR Marketing Inc... (Miller, Corey) |
Filing 222 Witness List filed by Defendant/Counterclaimant U.S. Alliance Group, Inc... (Huber, James) |
Filing 221 USAG's OPPOSITION in Opposition to DCR's re: MOTION IN LIMINE (3 of 3) to Preclude Kavan Thanasith from Testifying and/or Offering any Opinions at Trial #216 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 220 USAG's OPPOSITION in Opposition to DCR's re: MOTION IN LIMINE (2 of 3) to Exclude The Opinions of Kavan Thanasith as well as the Expert Report of Kavan Thanasith; and Precluding Kavan Thanasith from Testifying at Trial #214 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 219 USAG's OPPOSITION in Opposition to DCR's re: MOTION IN LIMINE (1 of 3) to Admit (1) That the Merchant Services Agreement is a Valid Enforceable Agreement Between DCR Marketing, Inc. and U.S. Alliance Group, Inc. and; (2) That U.S. Alliance Group, Inc. Terminated the Merchant Services Agreement #212 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 218 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant/Counterclaimant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 217 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re MOTION IN LIMINE (3 of 3) to Preclude Kavan Thanasith from Testifying and/or Offering any Opinions at Trial #216 served on February 14, 2022. (Miller, Corey) |
Filing 216 NOTICE OF MOTION AND MOTION IN LIMINE (3 of 3) to Preclude Kavan Thanasith from Testifying and/or Offering any Opinions at Trial filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna. (Attachments: #1 Declaration Corey A. Miller)(Miller, Corey) |
Filing 215 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re MOTION IN LIMINE (2 of 3) to Exclude The Opinions of Kavan Thanasith as well as the Expert Report of Kavan Thanasith; and Precluding Kavan Thanasith from Testifying at Trial #214 served on February 14, 2022. (Miller, Corey) |
Filing 214 NOTICE OF MOTION AND MOTION IN LIMINE (2 of 3) to Exclude The Opinions of Kavan Thanasith as well as the Expert Report of Kavan Thanasith; and Precluding Kavan Thanasith from Testifying at Trial filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna. (Attachments: #1 Declaration Corey A. Miller)(Miller, Corey) |
Filing 213 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-Defendant DCR Marketing Inc., re MOTION IN LIMINE (1 of 3) to Admit (1) That the Merchant Services Agreement is a Valid Enforceable Agreement Between DCR Marketing, Inc. and U.S. Alliance Group, Inc. and; (2) That U.S. Alliance Group, Inc. Terminated the Merchant Services Agreement #212 served on February 14, 2022. (Miller, Corey) |
Filing 212 NOTICE OF MOTION AND MOTION IN LIMINE (1 of 3) to Admit (1) That the Merchant Services Agreement is a Valid Enforceable Agreement Between DCR Marketing, Inc. and U.S. Alliance Group, Inc. and; (2) That U.S. Alliance Group, Inc. Terminated the Merchant Services Agreement "Immediately," Without Providing DCR Marketing, Inc. Notice of Default and an Opportunity to Cure filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna.(Miller, Corey) |
Filing 211 NOTICE OF MOTION AND Second MOTION IN LIMINE to Allow Kavan Thanasith to Serve as an Expert and Provide Expert Opinions on Behalf of USAG at the Time of Trial filed by Defendant/Counter Claimant U.S. Alliance Group, Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna. (Attachments: #1 Declaration of James C. Huber in support of USAG's Motion in Limine No. 2 re Expert)(Huber, James) |
Filing 210 NOTICE OF MOTION AND First MOTION IN LIMINE to Exclude Blue Novis, Inc.'s Excessive Motions in Limine filed by Defendant/Counter Claimant U.S. Alliance Group, Inc.. Motion set for hearing on 3/14/2022 at 11:00 AM before Judge James V. Selna.(Huber, James) |
Filing 209 FOR COURT USE ONLY: STATISTICAL CORRECTION re #184 MOTION for Order Sanctioning DCR Marketing, Inc. and its Counsel and Blue Novis, Inc. and its Counsel re Order #187 . (nbo) |
Filing 208 MINUTES OF Telephone Discovery Conference held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court and counsel confer regarding discovery issues. Court makes ruling as reflected on the record. Court Reporter: AT&T Digital Recording. (et) |
Filing 207 MINUTES ORDER re: Settlement Conference by Magistrate Judge Douglas F. McCormick: To enable me to assist the parties in making that re-evaluation, I am now ORDERING each of the parties to submit to me a Supplemental Confidential Addendum to their prior settlement statement that includes the following. [See documents for further details). This Supplemental Confidential Addendum shall be signed by each party's lead trial counsel and submitted to me at my Chambers email address on or before September 24, 2021. (et) |
Filing 206 ORDER ON BLUE NOVIS' and DCR MARKETING'S JOINT STIPULATION FOLLOWING STATUS CONFERENCE RE TRIAL and PRETRIAL DATES AND OBLIGATIONS by Judge James V. Selna. Per the Court's previously entered scheduling orders in each case, discovery is and will remain closed. Likewise, the motion cutoff in each case has passed and is not being reset. Trial in this matter to start on March 29, 2022 at 8:30 a.m. The Final Pre-Trial Conference is set pursuant to Fed. R. Civ. P. 16, for March 14, 2022 at 11:00 a.m. Counsel shall comply with Local Rule 16-8. [See Document for further details.] (es) Modified on 8/29/2021 (es). |
Filing 205 ORDER FOR COURT TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb) |
Filing 204 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/21/21 re Transcript #203 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
Filing 203 TRANSCRIPT for proceedings held on 7/21/21. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (jlo) |
Filing 202 TRANSCRIPT ORDER as to Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher for Court Smart (CS). Court will contact Juliana Garcia at jgarcia@mmg-llp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gerber, Jonathan) |
Filing 201 TRANSCRIPT ORDER as to Defendant U.S. Alliance Goup, Inc. U.S. Alliance Group, Inc. for Court Smart (CS). Court will contact Jessica Randall at jrandall@attorneygl.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Herndon, Joshua) |
Filing 200 MINUTES OF Informal Discovery Conference held before Judge James V. Selna: Cause called and counsel make their appearances. Court and counsel confer regarding discovery issues. Court continues matter to August 11, 2021, at 11:00 am. Court Reporter: AT&T-Digital Recording. (es) |
Filing 199 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court hereby sets a Telephonic Discovery Conference for 7/21/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
Filing 198 NOTICE OF FILING TRANSCRIPT filed for proceedings 6-28-21 10:40 a.m. re Transcript #197 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
Filing 197 TRANSCRIPT for proceedings held on 6-28-21 10:40 a.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/21/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/28/2021. (Seffens, Sharon) |
Filing 196 MINUTES OF Status Conference held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. Counsel stipulate to a bench trial. Counsel shall meet and confer submit a stipulation by July 12, 2021 re consolidation of the two cases and setting of the bench trial set in the first quarter of 2022 and all dates related to the trial. The Court finds that DCR should make their presentation followed by Alliance and then Blue Novis. Pretrial Conference and trial date in case SACV 20-1280 are ordered vacated, to be reset by the stipulation above. Counsel shall hold a further settlement conference before Magistrate Judge McCormick. Court Reporter: Sharon Seffens. (es) |
Filing 195 MINUTES OF Motion to Compel and MOTION for Sanctions Hearing held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court issues tentative ruling. Counsel argue motion. Court takes matters under submission. Court Reporter: AT&T-Digital Recording. (es) |
Filing 194 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court hereby continues the matter set for 06/16/2021 at 9:30 AM to 6/16/2021 at 10:30 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
Filing 193 [IN CHAMBERS] SCHEDULING NOTICE: At the request of counsel, the Status Conference set for 6/14/2021 at 10:00 am is continued to 6/28/2021 at 10:30 AM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
Filing 192 CERTIFICATE OF SERVICE filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher, re Objection/Opposition (Motion related),, #191 served on 06/11/2021. (Gerber, Jonathan) |
Filing 191 Plaintiff/ Counter-Defendant Marketing, Inc.'s Opposition to USAG's Ex Parte Application to Extend Expert Discovery Cutoff, Compel Plaintiff's Expert Witness Deposition or For an Order Permitting Only Defendant's Expert to testify at Trial (ECF No. 188) In Opposition re: EX PARTE APPLICATION to Withdraw EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 8/16/2021 #188 filed by Plaintiff DCR Marketing Inc., Counter Defendant Diana Fletcher. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber)(Gerber, Jonathan) |
Filing 190 [IN CHAMBERS] Text Only Entry: Order Denying Ex Parte Application as Moot[Dkt 189] is VACATED as entered in error. The Ex Parte Application is reinstated. Counsel may file an opposition, if any. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
Filing 189 ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #188 [PROPOSED] ORDER GRANTING U.S. ALLIANCE GROUP, INC.'S EX PARTE APPLICATION TO EXTEND EXPERT DISCOVERY CUT-OFF, COMPEL PLAINTIFF'S EXPERT WITNESS DEPOSITION, OR FOR AN ORDER PERMITTING ONLY DEFENDANT'S EXPERT WITNESS AT TRIAL. (es) |
Filing 188 EX PARTE APPLICATION to Withdraw , EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 8/16/2021 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of James Huber in Support of Ex Parte Application, #2 Declaration of Josh Herndon in Support of Ex Parte Application, #3 Proposed Order) (Herndon, Joshua) |
Filing 187 MINUTES OF Hearing Re: Confidential Documents held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Pursuant to the agreement of the parties, the Court orders Docket 46-1 in the Blue Novis v. U.S. Alliance Group, Inc. matter sealed. Court makes further rulings as reflected on the record. Court continues hearing to June 16, 2021, at 9:30 am. Court Reporter: AT&T-Digital Recording. (es) |
Filing 186 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-defendant DCR Marketing Inc., re Response in Opposition to Motion, #185 served on June 2, 2021. (Miller, Corey) |
Filing 185 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions Misuse of Confidential Information and Documents #184 filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber, #2 Declaration Declaration of Juliana Garcia)(Miller, Corey) |
Filing 184 NOTICE OF MOTION AND MOTION for Sanctions Misuse of Confidential Information and Documents filed by Defendant/Counter Claimant U.S. Alliance Group, Inc.. Motion set for hearing on 6/3/2021 at 10:30 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Notice of Motion, #2 Declaration Declaration in Support of Motion) (Huber, James) |
Filing 183 MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick, Court now ORDERS as follows: Counsel shall immediately meet-and-confer about all relief sought by USAG related to the production of CONFIDENTIAL documents and conclude such discussions by no later than 5/28/2021; To the extent USAG seeks relief from the Court related to this issue, it shall file its moving papers by no later than Tuesday 6/1/2021; Any opposition shall be filed by no later than Wednesday, 6/2/2021; The Court will hear any dispute related to this matter on Thursday, 6/3/2021 at 10:30am. (et) |
Filing 182 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-defendant DCR Marketing Inc., re Objection/Opposition (Motion related),, #181 served on May 5, 2021. (Miller, Corey) |
Filing 181 Opposition to Defendant U.S. Alliance Group, Inc.'s Supplemental Brief Identifying Attorney's Fees and Expenses Opposition re: MOTION to Compel FURTHER RESPONSES AND FURTHER PRODUCTION OF DOCUMENTS FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR PRODUCTION OF DOCUMENTS #97 , MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE SPECIAL INTERROGATORIES #98 Opposition filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber)(Attorney Corey Aaron Miller added to party DCR Marketing Inc.(pty:pla))(Miller, Corey) |
Filing 180 MINUTES (IN CHAMBERS) Order re: Settlement Conference by Magistrate Judge Douglas F. McCormick: A Settlement Conference in the above-captioned matters will be held before the Court by video conference on May 26, 2021, at 9:00 a.m. Plaintiff DCR Marketing, Inc. shall submit a Settlement Conference Statement to the Magistrate Judge by noon on May 24, 2021. [See document for details.] (es) |
Filing 179 SUPPLEMENT to MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE SPECIAL INTERROGATORIES #98 , MOTION to Compel FURTHER RESPONSES AND FURTHER PRODUCTION OF DOCUMENTS FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR PRODUCTION OF DOCUMENTS #97 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Christopher Dryden in Support of Supplemental Brief, #2 Declaration of James C. Huber in Support of Supplemental Brief, #3 Declaration of Joshua J. Herndon in Support of Supplemental Brief, #4 Certificate of Service)(Herndon, Joshua) |
Filing 178 MINUTES (In Chambers) Order re: Settlement Conference by Magistrate Judge Douglas F. McCormick: The Court held a settlement conference in the Blue Novis matter on April 15, 2021. Based on its discussion with counsel and the parties in that matter, the Court concludes that a joint settlement conference in these two cases is warranted. Accordingly, counsel for all parties in both matters are ORDERED to meet and confer about their availability for a joint settlement conference on one of the following dates: May 19, 2021; May 20, 2021; May 26, 2021; June 2, 2021 ; or June 3, 2021. The parties should notify the Court of their selected date within seven (7) days of this order. [See document for details.] (es) |
Filing 177 TRANSCRIPT ORDER as to Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher for Court Smart (CS). Court will contact Juliana Garcia at jgarcia@mmg-llp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gerber, Jonathan) |
Filing 176 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #94 filed by Counter Defendant Diana Fletcher.(Gerber, Jonathan) |
Filing 175 ORDER by Judge James V. Selna granting #81 Request to Substitute Attorney: The Court hereby orders that the request of: Diana Fletcher, Counter Defendant, to substitute Jonathan L. Gerber, who is Retained Counsel, as attorney of record instead of Alejandro S. Angulo. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorney(s) in this case. (bm) |
Filing 174 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/19/21 re Transcript #173 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
Filing 173 TRANSCRIPT for proceedings held on 3/19/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/16/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/24/2021. (jlo) |
Filing 172 MINUTES (IN CHAMBERS) Order re: Defendant's Request for Sanctions for RFP and Interrogatory Motions (Dkt. 97, 98) by Magistrate Judge Douglas F. McCormick: Following last Friday's further telephonic conference regarding Defendant's discovery motions (Dkt. 97 and 98), the Court now ORDERS as follows: USAG is ORDERED to submit a supplemental brief and accompanying declaration(s) within 28 days that identifies its attorney's fees and reasonable expenses in connection with the Motions at Dkts. 97 and 98. DCR is ORDERED to file a supplemental opposition within 14 days of USAG's filing. The Court will set a hearing date if it deems a hearing necessary. [See document for further details.] (es) |
Filing 171 TRANSCRIPT ORDER as to Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher for Court Smart (CS). Court will contact Juliana Garcia at jgarcia@mmg-llp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gerber, Jonathan) |
Filing 170 TRANSCRIPT ORDER as to Defendant/Counter Claimant U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc. for Court Smart (CS). Court will contact Yazmin Navez at ynavez@attorneygl.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Herndon, Joshua) |
Filing 169 MINUTES OF INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court and counsel confer regarding discovery issues. Court makes orders as reflected on the record. Court Reporter: AT&T-Digital Recording. (es) |
Filing 168 ORDER GRANTING JOINT STIPULATION TO EXTEND EXPERT DISCOVERY CUT-OFF #166 by Judge James V. Selna. IT IS HEREBY ORDERED that the Expert Discovery Cut-off is continued from March 26, 2021, to June 14, 2021. (es) |
Filing 167 NOTICE OF LODGING filed Proposed Order re Stipulation for Discovery #166 (Attachments: #1 Proposed Order Granting Joint Stipulation to Extend Expert Discovery Cut-Off)(Gerber, Jonathan) |
Filing 166 Third STIPULATION for Discovery as to Extend Expert Discovery Cut-off filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher.(Gerber, Jonathan) |
Filing 164 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. At the request of counsel, the Court hereby continues the Informal Discovery Conference from 3/17/2021 at 11:00 am to 3/19/2021 at 11:00 am before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
Filing 163 DECLARATION of Huguette Masse filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 162 TRANSCRIPT ORDER as to Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher for Court Smart (CS). Court will contact Juliana Garcia at jgarcia@mmg-llp.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Gerber, Jonathan) |
Filing 161 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/2/21 re Transcript #160 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
Filing 160 TRANSCRIPT for proceedings held on 3/2/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/25/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/2/2021. (jlo) |
Filing 165 MINUTES OF Informal Discovery Conference held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court and counsel confer regarding discovery issues. Court sets further hearing for March 17, 2012, at 11:00 am. Court Reporter: AT&T-Digital Recording. (es) |
Filing 159 TRANSCRIPT ORDER as to Defendant/Counter Claimant U.S. Alliance Group, Inc. for Court Smart (CS). Court will contact Yazmin Navez at ynavez@attorneygl.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Herndon, Joshua) |
Filing 158 [IN CHAMBERS] SCHEDULING NOTICE: The Court having previously vacated the trial date in this matter, vacates the Pretrial Conference previously set for 3/1/2021 at 11:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
Filing 157 ORDER GRANTING JOINT STIPULATION TO EXTEND EXPERT DISCOVERY CUT-OFF by Judge James V. Selna, re Stipulation for Discovery #155 : The Court, having reviewed the Joint Stipulation to Extend Expert Discovery Cut-Off, and cause appearing: IT IS HEREBY ORDERED that the Expert Discovery Cut-off is continued from February 26, 2021, to March 26, 2021. (bm) |
Filing 156 NOTICE OF LODGING filed re Stipulation for Discovery #155 (Attachments: #1 Proposed Order GRANTING JOINT STIPULATION TO EXTEND EXPERT DISCOVERY CUT-OFF)(Gerber, Jonathan) |
Filing 155 Second STIPULATION for Discovery as to Extend Expert Discovery Cut-off filed by Plaintiff DCR Marketing Inc., Diana Fletcher.(Gerber, Jonathan) |
Filing 154 MINUTES OF Informal Discovery Conference held before Magistrate Judge Douglas F. McCormick: Cause called and counsel make their appearances. Court and counsel confer regarding discovery issues. Court sets further hearing for March 2, 2021, at 9:30 am. Court Reporter: AT&T Digital Recording. (es) |
Filing 153 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/5/11; 1/11/21 re Transcript #152 , #151 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY |
Filing 152 TRANSCRIPT for proceedings held on 1/11/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021. (jlo) |
Filing 151 TRANSCRIPT for proceedings held on 1/5/21. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021. (jlo) |
Filing 150 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court sets a Telephonic Discovery Conference set for February 10, 2021, at 10:00 AM before Magistrate Judge Douglas F. McCormick. The Courtroom Deputy Clerk will provide call-in information via separate email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
Filing 149 TRANSCRIPT ORDER as to Defendant/Counter Claimant U.S. Alliance Group, Inc. for Court Smart (CS). Court will contact Yazmin Navez at ynavez@attorneygl.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Herndon, Joshua) |
Filing 148 MINUTES (IN CHAMBERS) Order re: Defendant's Motion to Compel Further Responses to Requests for Admission (Dkt. 96) by Magistrate Judge Douglas F. McCormick: Defendant U.S. Alliance Group, Inc. moved to compel further responses to 72 requests for admission. See Dkt. 96. The Court held a hearing on January 11, 2021, at which it discussed RFA Nos. 1-10 and issued oral rulings on Defendant's motion as to those RFAs. The Court now rules as follows as to remaining RFAs, Nos. 11-72: [See document for details.] (es) |
Filing 145 MINUTES [IN CHAMBERS] Order Regarding Motion for Summary Judgment by Judge James V. Selna: For the following reasons, the Court GRANTS in part and DENIES in part the motion. [See document for details.] (es) |
Filing 147 MINUTES OF Discovery Hearing held before Magistrate Judge Douglas F. McCormick: Counsel argue motion. Court takes matter under submission. Court Recorder: AT&T Digital Recording. (nbo) |
Filing 144 REPLY NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Joshua J. Herndon in Support of USAG's Reply to Opposition to the Motion for Summary Judgment, #2 Exhibit A to the Declaration of Joshua J. Herndon, #3 DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S EVIDENTIARY OBJECTIONS TO PLAINTIFF/COUNTER DEFENDANTS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, #4 DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S RESPONSE TO DCR MARKETING, INC.S STATEMENT OF ADDITIONAL MATERIAL FACTS IN SUPPORT OF ITS OPPOSITION TO USAGS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION, #5 Certificate of Service)(Herndon, Joshua) |
Filing 143 ORDER GRANTING JOINT STIPULATION TO CONTINUE FINAL PRETRIAL CONFERENCE #140 by Judge James V. Selna. IT IS HEREBY ORDERED that the Final PreTrial Conference is continued from February 16, 2021, to March 1, 2021 at 11:00 a.m. The Court sua sponte also vacates the trail date in light of the pandemic. (es) |
Filing 142 ORDER by Judge James V. Selna, GRANTING #80 Request of: DCR Marketing, Inc, plaintiff to Substitute Attorney Jonathan L. Gerber, Retained Counsel as attorney of record instead of Alejandro S. Anguloof Rutan & Tucker LLP. (es) |
Filing 141 NOTICE OF LODGING filed Proposed Order re Stipulation to Continue, #140 (Attachments: #1 Proposed Order To Continue Final Pretrial Conference)(Gerber, Jonathan) |
Filing 140 STIPULATION to Continue Final Pretrial Conference from February 16, 2021 to March 2, 2021 filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher.(Attorney Jonathan Lawrence Gerber added to party Diana Fletcher(pty:cd))(Gerber, Jonathan) |
Filing 139 ORDER GRANTING JOINT STIPULATION TO EXTEND EXPERT DISCOVERY CUT-OFF #136 by Judge James V. Selna. IT IS HEREBY ORDERED that the Expert Discovery Cut-off is continued from January 23, 2021, to February 26, 2021. (es) |
Filing 138 EXHIBIT Filed filed by Defendant U.S. Alliance Group, Inc.. REDACTED EXHIBIT A to the Declaration of Joshua J. Herndon in Support of USAG's Motion for Summary Judgment, or in the Alternative for Summary Adjudication of Claims or Defenses as to Declaration (Motion related), #110 . (Herndon, Joshua) |
Filing 137 NOTICE OF LODGING filed Proposed Order re Stipulation for Discovery #136 (Attachments: #1 Proposed Order)(Gerber, Jonathan) |
Filing 136 STIPULATION for Discovery as to Extend Expert Discovery Cut-off filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher.(Gerber, Jonathan) |
Filing 146 MINUTES OF Discovery Hearing held before Magistrate Judge Douglas F. McCormick. Court holds and continues hearing to 01/11/2021 at 10:00 am. Court Recorder: AT&T Digital Recording. (nbo) |
Filing 135 CERTIFICATE OF SERVICE filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher, re Declaration (Motion related),, #130 , Objection/Opposition (Motion related), #128 , Statement (Motion related), #127 , Declaration (Motion related), #131 , Declaration (Motion related), #132 , Response in Opposition to Motion #126 , Declaration (Motion related) #133 , Objection/Opposition (Motion related), #129 served on 01/04/2021. (Gerber, Jonathan) |
Filing 134 CERTIFICATE OF SERVICE filed by Plaintiff/ Counter Defendant DCR Marketing Inc., Diana Fletcher, re NOTICE OF MOTION AND MOTION for Summary Judgment #107 served on 01/04/2021. (Gerber, Jonathan) |
Filing 133 DECLARATION of Corey A. Miller in Opposition of NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 132 DECLARATION of Jonathan L. Gerber in Opposition of NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Attachments: #1 Exhibit Q to Gerber Declaration, #2 Exhibit R to Gerber Declaration, #3 Exhibit S to Gerber Declaration, #4 Exhibit T to Gerber Declaration, #5 Exhibit U to Gerber Declaration, #6 Exhibit V to Gerber Declaration)(Gerber, Jonathan) |
Filing 131 DECLARATION of Nelson Shehaj in Opposition of NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Attachments: #1 Exhibit N to Shehaj Declaration, #2 Exhibit O to Shehaj Declaration, #3 Exhibit P to Shehaj Declaration)(Gerber, Jonathan) |
Filing 130 DECLARATION of Diana Fletcher in Opposition of NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Attachments: #1 Exhibit A to Fletcher Declaration, #2 Exhibit B to Fletcher Declaration, #3 Exhibit C to Fletcher Declaration, #4 Exhibit D to Fletcher Declaration, #5 Exhibit E to Fletcher Declaration, #6 Exhibit F to Fletcher Declaration, #7 Exhibit H to Fletcher Declaration, #8 Exhibit I to Fletcher Declaration, #9 Exhibit J to Fletcher Declaration, #10 Exhibit K to Fletcher Declaration, #11 Exhibit L to Fletcher Declaration)(Gerber, Jonathan) |
Filing 129 Opposition to Defendant/ Counterclaimant's Request for Judicial Notice in Support of Motion for Summary Judgment/ Adjudication In Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 128 Objection to Evidence Filed In Support of Defendant/Counterclaimant's Request for Judicial Notice in Support of Motion for Summary Judgment / Adjudication In Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 127 STATEMENT of Separate Statement of Genuine Disputes of Material Facts and Additional Material Facts NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 126 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. (Gerber, Jonathan) |
Filing 125 ORDER GRANTING DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.'S EX PARTE APPLICATION FOR AN ORDER SEALING EXHIBIT A TO THE DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES (ECF 110-1), AND PROVIDING LEAVE TO FILE REDACTED EXHIBIT A #121 by Judge James V. Selna. NOTE: CHANGES MADE BY THE COURT. [SEE ORDER FOR DETAILS] (es) |
Filing 124 PARTIES' JOINT REPORT of RE OUTCOME OF MEDIATION filed by Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 123 DECLARATION of James C. Huber re Order on Motion for Extension of Time to File, #115 filed by Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 122 OPPOSITION to EX PARTE APPLICATION for Order for ORDER SEALING EXHIBIT A TO THE DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES (ECF 110-1), AND PROVIDING LEAVE TO FILE #121 filed by Plaintiff DCR Marketing Inc., Counter Defendant DCR Marketing Inc.. (Gerber, Jonathan) |
Filing 121 EX PARTE APPLICATION for Order for ORDER SEALING EXHIBIT A TO THE DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES (ECF 110-1), AND PROVIDING LEAVE TO FILE REDACTED EXHIBIT A filed by Defendant/Counter Claimant U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Lauren Caggiano in Support of Defendant/Counter Claimant U.S. Alliance Group, Inc.'s Ex Parte Application for an Order Sealing Exhibit A, #2 Declaration of Joshua J. Herndon in Support of Defendant/Counter Claimant U.S. Alliance Group, Inc.'s Ex Parte Application for an Order Sealing Exhibit A, #3 Exhibit A-1 to the Declaration of Joshua J. Herndon, #4 Notice of Lodging Proposed Order Granting Defendant/Counter Claimant U.S. Alliance Group, Inc.'s Ex Parte Application for an Order Sealing Exhibit A, #5 Proposed Order Granting Defendant/Counter Claimant U.S. Alliance Group, Inc.'s Ex Parte Application for an Order Sealing Exhibit A, #6 Certificate of Service) (Herndon, Joshua) |
Filing 120 Answer to Fourth Amended Counterclaims ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #94 filed by Counter Defendant DCR Marketing Inc..(Gerber, Jonathan) |
Filing 119 SUPPLEMENT to MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE SPECIAL INTERROGATORIES #98 filed by Defendant U.S. Alliance Group, Inc.. (Herndon, Joshua) |
Filing 118 SUPPLEMENT to MOTION to Compel FURTHER RESPONSES AND FURTHER PRODUCTION OF DOCUMENTS FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR PRODUCTION OF DOCUMENTS #97 filed by Defendant U.S. Alliance Group, Inc.. (Herndon, Joshua) |
Filing 117 SUPPLEMENT to MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR ADMISSION #96 filed by Defendant U.S. Alliance Group, Inc.. (Herndon, Joshua) |
Filing 116 DECLARATION of Jonathan L. Gerber re Order on Motion for Extension of Time to File, #115 filed by Plaintiff DCR Marketing Inc.. (Gerber, Jonathan) |
Filing 115 ORDER GRANTING PLAINTIFF/COUNTERDEFENDANT DCR MARKETING, INC.'S EX PARTE APPLICATION by Judge James V. Selna. The deadline for DCR to file opposition to the Defendant/ Counterclaimant U.S. Alliance Group, Inc.s Motion for Summary Judgment or Summary Adjudication is here by extended to January 4, 2021. Reply: January 11, 2021. Hearing: January 25, 2021. (iv) |
Filing 114 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication #112 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Ashley Polyascko Lee ISO Oppo to Ex Parte, #2 Declaration of Jeremy Stock ISO Oppo to Ex Parte, #3 Exhibit 1 to the Stock Declaration, #4 Certificate of Service)(Herndon, Joshua) |
Filing 113 NOTICE OF LODGING filed re EX PARTE APPLICATION for Extension of Time to File Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication #112 (Attachments: #1 Proposed Order)(Gerber, Jonathan) |
Filing 112 EX PARTE APPLICATION for Extension of Time to File Opposition to Motion for Summary Judgment or, in the Alternative, Summary Adjudication filed by Plaintiff/Cross-Defendant DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber) (Gerber, Jonathan) |
Filing 111 CERTIFICATE OF SERVICE filed by Defendant/Counter Claimant U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc., re Request for Judicial Notice,, #108 , NOTICE OF MOTION AND MOTION for Summary Judgment #107 , Statement (Motion related), #109 , Declaration (Motion related), #110 (Herndon, Joshua) |
Filing 110 DECLARATION of Joshua J. Herndon IN SUPPORT OF DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit A to the Herndon Declaration, #2 Exhibit B to the Herndon Declaration)(Herndon, Joshua) |
Filing 109 STATEMENT of SEPARATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW FILED IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Defendant U.S. Alliance Group, Inc.. (Herndon, Joshua) |
Filing 108 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment #107 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit 1 to the Request for Judicial Notice, #2 Exhibit 2 to the Request for Judicial Notice, #3 Exhibit 3 to the Request for Judicial Notice, #4 Exhibit 4 to the Request for Judicial Notice, #5 Exhibit 5 to the Request for Judicial Notice, #6 Exhibit 6 to the Request for Judicial Notice, #7 Exhibit 7 to the Request for Judicial Notice, #8 Exhibit 8 to the Request for Judicial Notice, #9 Exhibit 9 to the Request for Judicial Notice, #10 Declaration 10 to the Request for Judicial Notice)(Herndon, Joshua) |
Filing 107 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant/Counter Plaintiff U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc.. Motion set for hearing on 1/11/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF CLAIMS OR DEFENSES) (Herndon, Joshua) |
Filing 106 ORDER FOR DISMISSAL OF THE FOURTH AMENDED COUNTERCLAIMS SECOND AND THIRD CAUSES OF ACTION AND EXTENSION OF DEADLINE FOR ALL SERVED COUNTER-DEFENDANTS TO ANSWER THE FOURTH AMENDED COUNTERCLAIMS OF U.S. ALLIANCE GROUP, INC. #105 by Judge James V. Selna, the Court hereby dismisses Fourth Amended Counterclaim's second and third cause of actions for express contractual indemnity and breach of the implied covenant of good faith and fair dealing, respectively Further, the Court hereby grants the two-week extension for served Counter Defendants to file an answer to the remaining claims contained within the Fourth Amended Counterclaims. (es) |
Filing 105 STIPULATION for Extension of Time to File Answer to Fourth Amended Counter-Claims filed by Plaintiff/Cross-defendant DCR Marketing Inc.. (Attachments: #1 Proposed Order Proposed Order)(Attorney Jonathan Lawrence Gerber added to party DCR Marketing Inc.(pty:cd))(Gerber, Jonathan) |
Filing 104 ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #99 PLAINTIFF/COUNTERDEFENDANT DCR MARKETING, INC.'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER TO EXTEND DISCOVERY CUTOFF. [See document for details.] (es) |
Filing 103 DECLARATION of Joshua J. Herndon IN OPPOSITION TO DCR MARKETING, INC.'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER AND TO EXTEND DISCOVERY CUT-OFF EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/1/2021 #99 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Exhibit 1 TO THE HERNDON DECLARATION, #2 Exhibit 2 TO THE HERNDON DECLARATION, #3 Exhibit 3 TO THE HERNDON DECLARATION, #4 Exhibit 4 TO THE HERNDON DECLARATION, #5 Exhibit 5 TO THE HERNDON DECLARATION, #6 Exhibit 6 TO THE HERNDON DECLARATION, #7 Exhibit 7 TO THE HERNDON DECLARATION, #8 Exhibit 8 TO THE HERNDON DECLARATION, #9 Exhibit 9 TO THE HERNDON DECLARATION, #10 Exhibit 10 TO THE HERNDON DECLARATION, #11 Exhibit 11 TO THE HERNDON DECLARATION, #12 Exhibit 12 TO THE HERNDON DECLARATION, #13 Exhibit 13 TO THE HERNDON DECLARATION, #14 Exhibit 14 TO THE HERNDON DECLARATION, #15 Exhibit 15 TO THE HERNDON DECLARATION, #16 Exhibit 16 TO THE HERNDON DECLARATION, #17 Exhibit 17 TO THE HERNDON DECLARATION, #18 Exhibit 18 TO THE HERNDON DECLARATION, #19 Exhibit 19 TO THE HERNDON DECLARATION, #20 Exhibit 20 TO THE HERNDON DECLARATION, #21 PROOF OF SERVICE)(Herndon, Joshua) |
Filing 102 OPPOSITION TO DCR MARKETING, INC.'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER AND TO EXTEND DISCOVERY CUT-OFF re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/1/2021 #99 filed by Defendant U.S. Alliance Group, Inc.. (Herndon, Joshua) |
Filing 101 CERTIFICATE OF SERVICE filed by Plaintiff/Cross-defendant DCR Marketing Inc., re EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/1/2021 #99 , Notice of Lodging #100 served on December 3, 2020. (Gerber, Jonathan) |
Filing 100 NOTICE OF LODGING filed re EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/1/2021 #99 (Attachments: #1 Proposed Order Proposed Order)(Gerber, Jonathan) |
Filing 99 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 1/1/2021 filed by Plaintiff/Cross-defendant DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber) (Gerber, Jonathan) |
Filing 98 NOTICE OF MOTION AND MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE SPECIAL INTERROGATORIES filed by Defendant/Counter Claimant U.S. Alliance Group, Inc. U.S. Alliance Group, Inc.. Motion set for hearing on 1/5/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 JOINT STIPULATION RE DEFENDANT/ COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE SPECIAL INTERROGATORIES, #2 Exhibit 1 - DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF JOINT STIPULATION, #3 Exhibit 2 - DECLARATION OF JONATHAN L. GERBER IN SUPPORT OF JOINT STIPULATION, #4 CERTIFICATE OF SERVICE)(Herndon, Joshua) |
Filing 97 NOTICE OF MOTION AND MOTION to Compel FURTHER RESPONSES AND FURTHER PRODUCTION OF DOCUMENTS FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR PRODUCTION OF DOCUMENTS filed by Defendant/Counter Claimant U.S. Alliance Group, Inc. U.S. Alliance Group, Inc.. Motion set for hearing on 1/5/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 JOINT STIPULATION RE DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES AND FURTHER PRODUCTION OF DOCUMENTS FROM PLAINTIFF/ COUNTER DEFENDANT DCR MARKETING, INC. TO REQUESTS FOR PRODUCTION OF DOCUMENTS, #2 Exhibit 1 - DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF JOINT STIPULATION, #3 Exhibit 2 - DECLARATION OF JONATHAN L. GERBER IN SUPPORT OF JOINT STIPULATION, #4 CERTIFICATE OF SERVICE)(Herndon, Joshua) |
Filing 96 NOTICE OF MOTION AND MOTION to Compel FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR ADMISSION filed by Defendant/Counter Claimant U.S. Alliance Group, Inc. U.S. Alliance Group, Inc.. Motion set for hearing on 1/5/2021 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 JOINT STIPULATION RE DEFENDANT/ COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.S MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES FROM PLAINTIFF/COUNTER DEFENDANT DCR MARKETING, INC. TO THE REQUESTS FOR ADMISSION, #2 Exhibit 1 - DECLARATION OF JOSHUA J. HERNDON IN SUPPORT OF JOINT STIPULATION, #3 Exhibit 2 - DECLARATION OF JONATHAN L. GERBER IN SUPPORT OF JOINT STIPULATION, #4 CERTIFICATE OF SERVICE)(Herndon, Joshua) |
Filing 95 DISCLOSURE DEFENDANT/COUNTER CLAIMANT U.S. ALLIANCE GROUP, INC.'S FIRST EXPERT DISCLOSURES STATEMENT filed by Defendant U.S. Alliance Group, Inc. (Attachments: #1 Exhibit 1 to Defendant/Counter Claimant USAG's First Expert Disclosures Statement)(Huber, James) |
Filing 94 ANSWER to Complaint (Attorney Civil Case Opening), #1 DEFENDANT/COUNTER-CLAIM PLAINTIFF'S ANSWER, AFFIRMATIVE DEFENSES AND FOURTH AMENDED COUNTERCLAIMS AND THIRD PARTY CLAIMS, THIRD PARTY COMPLAINT against Diana Fletcher, COUNTERCLAIM against Diana Fletcher, DCR Marketing Inc. filed by Defendant/Counter Claimant U.S. Alliance Group, Inc..(Huber, James) |
Filing 93 ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #86 EX PARTE APPLICATION to Continue Trial and Related Dates. [See document for details.] (es) |
Filing 92 CERTIFICATE OF SERVICE filed by Plaintiff/ Counter Defendant DCR Marketing Inc., re Reply (Motion related),, #91 served on 11/11/2020. (Gerber, Jonathan) |
Filing 91 REPLY In support First EX PARTE APPLICATION to Continue Trial from March 2, 2021 to July 6, 2021First EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/17/2020 #86 filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber ISO Plaintiff/ Counter-Defendant DCR Marketing, Inc.'s Reply to Ex Parte Application to Continue Trial and Related Dates, #2 Exhibit A to Gerber Decl, #3 Exhibit B to Gerber Decl, #4 Exhibit C to Gerber Decl, #5 Exhibit D to Gerber Decl, #6 Exhibit E to Gerber Decl)(Gerber, Jonathan) |
Filing 90 CERTIFICATE OF SERVICE filed by Defendant/Counter-Claim Plaintiff, U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc., re MEMORANDUM in Opposition to Motion,,,,, #89 served on 11/10/2020. (Herndon, Joshua) |
Filing 89 MEMORANDUM in Opposition to First EX PARTE APPLICATION to Continue Trial from March 2, 2021 to July 6, 2021First EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/17/2020 #86 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Fadi Cheika ISO Oppo to Ex Parte, #2 Declaration of Joshua J. Herndon ISO Oppo to Ex Parte, #3 Exhibit 1 to the Herndon Decl., #4 Exhibit 2 to the Herndon Decl., #5 Exhibit 3 to the Herndon Decl., #6 Exhibit 4 to the Herndon Decl., #7 Exhibit 5 to the Herndon Decl., #8 Exhibit 6 to the Herndon Decl., #9 Exhibit 7 to the Herndon Decl., #10 Exhibit 8 to the Herndon Decl., #11 Exhibit 9 to the Herndon Decl., #12 Exhibit 10 to the Herndon Decl., #13 Exhibit 11 to the Herndon Decl., #14 Exhibit 12 to the Herndon Decl., #15 Exhibit 13 to the Herndon Decl., #16 Exhibit 14 to the Herndon Decl., #17 Exhibit 15 to the Herndon Decl., #18 Exhibit 16 to the Herndon Decl., #19 Exhibit 17 to the Herndon Decl., #20 Exhibit 18 to the Herndon Decl., #21 Exhibit 19 to the Herndon Decl., #22 Exhibit 20 to the Herndon Decl., #23 Exhibit 21 to the Herndon Decl., #24 Exhibit 22 to the Herndon Decl.)(Herndon, Joshua) |
Filing 88 CERTIFICATE OF SERVICE filed by plaintiff/cross-defendant DCR Marketing Inc., re Notice of Lodging, #87 , First EX PARTE APPLICATION to Continue Trial from March 2, 2021 to July 6, 2021First EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/17/2020 #86 Defendant/Cross-Complainant U.S. Alliance Group, Inc., dba Alternative Payments International served on November 9, 2020. (Miller, Adam) |
Filing 87 NOTICE OF LODGING filed Plaintiff/Cross-Defendant DCR Marketing, Inc. re First EX PARTE APPLICATION to Continue Trial from March 2, 2021 to July 6, 2021First EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/17/2020 #86 (Attachments: #1 Proposed Order Proposed Order Granting Ex Parte Application)(Miller, Adam) |
Filing 86 First EX PARTE APPLICATION to Continue Trial from March 2, 2021 to July 6, 2021, First EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 4/17/2020 filed by plaintiff/cross-defendant DCR Marketing Inc.. (Attachments: #1 Declaration Declaration of Jonathan L. Gerber) (Attorney Adam Isaac Miller added to party DCR Marketing Inc.(pty:pla)) (Miller, Adam) |
Filing 85 MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: Plaintiff/Counter-Defendant DCR Marketing Inc. ("DCR Marketing") moves to dismiss Defendant/Counter-Plaintiff U.S. Alliance Group, Inc. d/b/a Alternative Payments International's ("US Alliance Group") third amended counterclaims ("TAC"). Mot., Dkt. No. 82. US Alliance Group opposed the motion. Opp'n, Dkt. No. 83. DCR Marketing replied. Reply, Dkt. No. 84. For the following reasons, the Court GRANTS in part and DENIES in part the motion with leave to amend. [See document for details.] (es) |
Filing 84 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION to Dismiss the first, second, third, and fourth claims for relief set forth in counter-claimant U.S. Alliance Group Inc.'s Third Amended Counterclaims and for an order striking the Third Amended Counterclaim's se #82 filed by Counter Defendant DCR Marketing Inc.. (Gerber, Jonathan) |
Filing 83 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss the first, second, third, and fourth claims for relief set forth in counter-claimant U.S. Alliance Group Inc.'s Third Amended Counterclaims and for an order striking the Third Amended Counterclaim's se #82 filed by Defendant U.S. Alliance Group, Inc., Counter Claimant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 82 NOTICE OF MOTION AND MOTION to Dismiss the first, second, third, and fourth claims for relief set forth in counter-claimant U.S. Alliance Group Inc.'s Third Amended Counterclaims and for an order striking the Third Amended Counterclaim's second claim for express contractual indemnity filed by Plaintiff/ Counter Defendant DCR Marketing Inc.. Motion set for hearing on 10/26/2020 at 01:30 PM before Judge James V. Selna. (Attorney Jonathan Lawrence Gerber added to party DCR Marketing Inc.(pty:cd)) (Gerber, Jonathan) |
Filing 81 REQUEST TO SUBSTITUTE ATTORNEY Jonathan Lawrence Gerber in place of attorney Alejandro S. Angulo filed by Counter Defendant Diana Fletcher. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney) (Attorney Jonathan Lawrence Gerber added to party Diana Fletcher(pty:cd)) (Gerber, Jonathan) |
Filing 80 REQUEST TO SUBSTITUTE ATTORNEY Jonathan Lawrence Gerber in place of attorney Alejandro S. Angulo filed by Plaintiff's Attorney DCR Marketing Inc.. (Attachments: #1 Proposed Order (Proposed) Order on Request for Approval of Substitution or Withdrawal of Attorney) (Attorney Jonathan Lawrence Gerber added to party DCR Marketing Inc.(pty:pla)) (Gerber, Jonathan) |
Filing 79 Notice of Appearance or Withdrawal of Counsel: for attorney Alejandro S Angulo counsel for Plaintiff DCR Marketing Inc., Counter Defendants DCR Marketing Inc., Diana Fletcher. Adding Alejandro S. Angulo as counsel of record for DCR Marketing, Inc. and Diana Fletcher for the reason indicated in the G-123 Notice. Filed by Plaintiff/Counter Defendant and Counter-Defendant Plaintiff/Counter-Defendant DCR Marketing, Inc. and Counter-Defendant Diana Fletcher. (Attorney Alejandro S Angulo added to party DCR Marketing Inc.(pty:pla), Attorney Alejandro S Angulo added to party DCR Marketing Inc.(pty:cd), Attorney Alejandro S Angulo added to party Diana Fletcher(pty:cd))(Angulo, Alejandro) |
Filing 78 *NOTE: CHANGES MADE BY THE COURT* ORDER GRANTING DCR MARKETING, INC.'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO (1) THIRD AMENDED COUNTERCLAIMS, AND (2) OUTSTANDING WRITTEN DISCOVERY #75 by Judge James V. Selna. IT IS HEREBY ORDERED that the Ex Parte Application is GRANTED. DCR Marketing Inc.'s response to the (1) Third Amended Complaint, and (2) outstanding written discovery, shall be due no later than the fourteenth (14th) day after its new counsel makes an appearance in this action; provided the if new counsel has not appeared within 20 days, the response to the Third Amended Complaint and the outstanding discovery shall be due within 14 days thereafter. The Court will not countenance undue delay. (es) |
Filing 77 MINUTES [IN CHAMBERS] Order Regarding Motion to Withdraw as Counsel of Record by Judge James V. Selna: For the following reasons, the Court GRANTS the motion. The Court further finds that oral argument would not be helpful on this matter and vacates the August 24, 2020 hearing. Fed. R. Civ. P. 78; L.R. 7-15. (See document for details.) (es) |
Filing 76 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Respond to Third Amended Counterclaims and Outstanding Discovery #75 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Declaration of Christopher Dryden ISO DEFENDANT/COUNTER-CLAIM PLAINTIFF'S OPPOSITION TO DCR MARKETING, INC. 'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO (1) THIRD AMENDED COUNTERCLAIMS, AND (2) OUTSTANDING WRITTEN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Dryden, Christopher) |
Filing 75 EX PARTE APPLICATION for Extension of Time to File Respond to Third Amended Counterclaims and Outstanding Discovery filed by plaintiff/counter-defendant DCR Marketing Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Ex Parte Application for Extension of Time to Respond to Third Amended Counterclaims and Written Discovery) (Wilks, Frederick) |
Filing 74 ANSWER to Complaint (Attorney Civil Case Opening), #1 DEFENDANT/COUNTER-CLAIM PLAINTIFF'S ANSWER, AFFIRMATIVE DEFENSES AND THIRD AMENDED COUNTERCLAIMS AND THIRD-PARTY CLAIMS, THIRD PARTY COMPLAINT against Diana Fletcher, Third COUNTERCLAIM against DCR Marketing Inc., Diana Fletcher filed by Defendant/Counter-Claim Plaintiff, U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc..(Huber, James) |
Filing 73 NOTICE OF MOTION AND MOTION of Matthew A. Hodel and Fred L. Wilks to Withdraw as Attorney Notice of Motion and Motion of Hodel Wilks LLP for Leave to Withdraw as Counsel of Record for DCR Marketing, Inc.; Memorandum of Points and Authorities in Support filed by plaintiff DCR Marketing Inc.. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration Declaration of Fred L. Wilks in Support of Motion of Hodel Wilks LLP for Leave to Withdraw as Counsel of Record for DCR Marketing, Inc., #2 Declaration Declaration of Matthew A. Hodel in Support of Motion of Hodel Wilks LLP for Leave to Withdraw as Counsel of Record for DCR Marketing, Inc., #3 Proposed Order Proposed Order Granting Motion of Hodel Wilks LLP for Leave to Withdraw as Counsel of Record for DCR Marketing, Inc.) (Wilks, Frederick) |
Filing 72 MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss by Judge James V. Selna: For the following reasons, the Court GRANTS in part and DENIES in part the motion without prejudice. (See document for details.) (es) |
Filing 71 Order Denying Plaintiff's Motion for Issuance of Right to Attach Order and Writ of Attachment (Dkt. 63) by Magistrate Judge Douglas F. McCormick: The Court finds the Motion suitable for disposition without a hearing. The hearing set for June 30, 2020, is removed from the Court's calendar. For the reasons set forth below, DCR's Motion is DENIED. *See document for details.* (es) |
Filing 70 REPLY reply in support of motion NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaims #65 Reply in Support of DCR Marketing Inc.'s Motion to Dismiss U.S. Alliance Group, Inc.'s Second Amended Counterclaims filed by Plaintiff DCR Marketing Inc.. (Wilks, Frederick) |
Filing 69 OBJECTION in opposition to evidence submitted in opposition re: NOTICE OF MOTION AND MOTION for Writ of Writ of Attachment Notice of Motion and Motion for Issuance of Right to Attach Order and Writ of Attachment #63 , APPLICATION for Writ of Writ of Attachment #62 Plaintiff's Objection to Evidence Submitted in Opposition to Motion for Issuance of Right to Attach Order and Writ of Attachment filed by Plaintiff DCR Marketing Inc.. (Wilks, Frederick) |
Filing 68 REPLY reply in support of motion NOTICE OF MOTION AND MOTION for Writ of Writ of Attachment Notice of Motion and Motion for Issuance of Right to Attach Order and Writ of Attachment #63 , APPLICATION for Writ of Writ of Attachment #62 Reply in Support of Motion for Issuance of Right to Attach Order and Writ of Attachment filed by Plaintiff DCR Marketing Inc.. (Wilks, Frederick) |
Filing 67 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaims #65 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Attachments: #1 DEFENDANT/COUNTER-CLAIM PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF DCR MARKETING, INC.S MOTION TO DISMISS SECOND AMENDED COMPLAINT)(Huber, James) |
Filing 66 OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT Opposition re: NOTICE OF MOTION AND MOTION for Writ of Writ of Attachment Notice of Motion and Motion for Issuance of Right to Attach Order and Writ of Attachment #63 filed by Defendant U.S. Alliance Group, Inc.. (Attachments: #1 EVIDENTIARY OBJECTIONS IN OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT, #2 Declaration OF FADI CHEIKA IN OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT, #3 Declaration OF CAROLINE RUTENBAR IN OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT, #4 Declaration OF KERI PRESTON IN OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT, #5 Declaration OF JAMES C. HUBER, ESQ. IN OPPOSITON TO PLAINTIFF/ COUNTER CLAIM DEFENDANTS MOTION FOR ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT)(Huber, James) |
Filing 65 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaims filed by plaintiff/counter-defendant DCR Marketing Inc.. Motion set for hearing on 7/6/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order Proposed Order Granting DCR Marketing, Inc.'s Motion to Dismiss Second Amended Counterclaims) (Wilks, Frederick) |
Filing 64 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The Court, on its own motion, hereby resets Plaintiff's Motion for Writ of Attachment #62 #63 currently set for 06/29/2020 at 1:30 PM before District Judge James V. Selna to 6/30/2020 at 10:00 AM before Magistrate Judge Douglas F. McCormick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
Filing 63 NOTICE OF MOTION AND MOTION for Writ of Writ of Attachment Notice of Motion and Motion for Issuance of Right to Attach Order and Writ of Attachment filed by plaintiff DCR Marketing Inc.. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge James V. Selna. (Wilks, Frederick) Modified on 6/2/2020 (es). |
Filing 62 APPLICATION for Writ of Writ of Attachment filed by plaintiff DCR Marketing Inc.. Application set for hearing on 6/29/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Proposed Order Writ of Attachment After Hearing, #2 Declaration Declaration of Diana Fletcher in Support of Motion for Right to Attach Order and Writ of Attachment, #3 Exhibit Exhibit A to Declaration of Diana Fletcher, #4 Exhibit Exhibit B to Declaration of Diana Fletcher, #5 Exhibit Exhibit C to Declaration of Diana Fletcher, #6 Exhibit Exhibit D to Declaration of Diana Fletcher, #7 Exhibit Exhibit E to Declaration of Diana Fletcher, #8 Exhibit Exhibit F to Declaration of Diana Fletcher, #9 Exhibit Exhibit G to Declaration of Diana Fletcher, #10 Declaration Declaration of Nelson Shehaj in Support of Motion for Right to Attach Order and Writ of Attachment, #11 Exhibit Exhibit A to Declaration of Nelson Shehaj, #12 Exhibit Exhibit B to Declaration of Nelson Shehaj, #13 Declaration Declaration of Fred L. Wilks in Support of Motion for Right to Attach Order and Writ of Attachment) (Wilks, Frederick) Modified on 6/2/2020 (es). |
Filing 61 STIPULATION AND PROTECTIVE ORDER #50 by Magistrate Judge Douglas F. McCormick. (es) |
Filing 60 DISCLOSURE of RULE 26 filed by Defendant U.S. Alliance Group, Inc. (Huber, James) |
Filing 59 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition, #58 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Amended Answer to Complaint. The filer used the event, Amended Complaint, for docketing this filing. 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. (gk) |
Filing 58 Second AMENDED COMPLAINT against Counter-Claim Defendants/Plaintiffs All Defendants amending Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #17 , filed by Defendant/Counter-Claim Plaintiff U.S. Alliance Group, Inc.(Huber, James) |
Filing 57 *NOTE COMPLETE CASE NUMBER* ORDER GRANTING LEAVE TO FILE SECOND AMENDED COUNTER CLAIMS #56 by Judge James V. Selna, it is ORDERED that U.S. Alliance Group, Inc. is hereby granted leave to file its second amended counterclaims. (es) |
Filing 56 STIPULATION for Order GRANTING LEAVE TO FILE SECOND AMENDED COUNTERCLAIM filed by Defendant/Counter-Claim Plaintiff, U.S. Alliance Group, Inc. d/b/a Alternative Payments International U.S. Alliance Group, Inc.. (Attachments: #1 Proposed Order Granting Leave to File Second Amended Counter Claims)(Huber, James) |
Filing 55 *NOTE COMPLETE CASE NUMBER* ORDER AMENDING ORDER RE SCHEDULING DATES #54 by Judge James V. Selna, it is ORDERED that the deadline for the parties to complete expert discovery shall be January 23, 2021. (es) |
Filing 54 STIPULATION to AMEND Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Hearings,,, Set/Reset Deadlines/Hearings,, #52 filed by plaintiff DCR Marketing Inc.. (Attachments: #1 Proposed Order Proposed Order Re Amendment of Order Re Scheduling Dates)(Wilks, Frederick) |
Filing 53 ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (es) |
Filing 52 MINUTES [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial March 2, 2021 at 8:30 a.m. Final PreTrial Conference February 16, 2021 at 8:30 a.m. Discovery Cut-off November 17, 2020. Expert Discovery Cut-off January 23, 2020. Law and Motion Cut-off January 11, 2021 at 1:30 p.m. Last Day to Amend Pleadings or Add Parties July 1, 2020. The Court orders that any settlement discussions shall be completed not later than December 18, 2020. The Scheduling Conference set for May 11, 2020 at 10:30 a.m. is VACATED. (See document for further details and deadlines.) (es) |
Filing 51 AMENDED JOINT RULE 26(f) REPORT filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 50 STIPULATION for Protective Order filed by Defendant/Counter-Claim Plaintiff, U.S. Alliance Group, Inc. d/b/a Alternative Payments International, Defendant U.S. Alliance Group, Inc..(Huber, James) |
Filing 49 MINUTES (IN CHAMBERS) order Denying Ex Parte Application for Writ of Attachment (Dkt. 47) by Judge James V. Selna: For the reasons set for below, DCR's Application is DENIED. *See document for details.* (es) |
Filing 48 OPPOSITON TO PLAINTIFF DCR MARKETING INC.S EX PARTE APPLICATION re: EX PARTE APPLICATION for Writ of Writ of Attachment Application for Right to Attach Order, Temporary Protective Order, Etc. #47 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Attachments: #1 Supplement Evidentiary Objections, #2 Declaration Declaration of Fadi Cheika In Support of Opposition to Ex Parte Application, #3 Declaration Declaration of Caroline Rutenbar In Support of Opposition to Ex Parte Application, #4 Declaration Declaration of Keri Preston In Support of Opposition to Ex Parte Application, #5 Declaration Declaration of James C. Huber In Support of Opposition to Ex Parte Application)(Huber, James) |
Filing 47 EX PARTE APPLICATION for Writ of Writ of Attachment Application for Right to Attach Order, Temporary Protective Order, Etc. filed by plaintiff DCR Marketing Inc.. (Attachments: #1 Proposed Order Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment, #2 Proposed Order Temporary Protective Order, #3 Proposed Order Writ of Attachment) (Wilks, Frederick) |
Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #45 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance. 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. (ak) |
Filing 45 NOTICE Notice of Appearance filed by plaintiff DCR Marketing Inc.. (Wilks, Frederick) |
Filing 44 ORDER by Judge James V. Selna: GRANTING #43 Plaintiff DCR marketing Inc. Request to Substitute Attorney Matthew A Hodel as attorney of record instead of Derek W. Edwards. (es) |
Filing 43 REQUEST TO SUBSTITUTE ATTORNEY Matthew A. Hodel in place of attorney Derek W. Edwards filed by Plaintiff DCR Marketing Inc.. (Edwards, Derek) |
Filing 42 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against DCR Marketing Inc., Diana Fletcher filed by U.S. ALLIANCE GROUP, INC., dba Alternative Payments International U.S. Alliance Group, Inc..(Huber, James) |
Filing 41 ORDER SEALING ANSWER AND ORDERING COUNSEL TO REFILE REDACTED ANSWER #39 by Judge James V. Selna: The Court orders that Docket #13, Answer, ordered SEALED. Counsel shall file a redacted answer within 3 days. (es) |
Filing 40 Order Setting Rule 26(f) Scheduling Conference set for 5/11/2020 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 5/4/2020. (lb) |
Filing 39 NOTICE OF MOTION AND MOTION to Strike Exhibit A to Answer/Counter-Claim Answer to Complaint (Attorney Civil Case Opening), Counterclaim 13 and Seal filed by DEFENDANT/COUNTER-CLAIM PLAINTIFF'S U.S. Alliance Group, Inc.. Motion set for hearing on 3/9/2020 at 11:00 AM before Judge James V. Selna. (Attachments: #1 Affidavit /Declaration) (Huber, James) |
Filing 38 NOTICE OF FILING TRANSCRIPT filed for proceedings 1-24-20 1:47 p.m. re Transcript #37 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
Filing 37 TRANSCRIPT for proceedings held on 1-24-20 1:47 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020. (Seffens, Sharon) |
Filing 36 MINUTES (IN CHAMBERS) Order Regarding Motion to Disqualify Counsel by Judge James V. Selna: Before the Court are three matters. For the following reasons, the Court GRANTS in part and DENIES in part the Motion to Disqualify Counsel. The Motion to Dismiss is ordered off calendar, and may be refiled by new, independent counsel based exclusively on such new counsel's fact finding and determination that such a motion comports with Rule 11 of the Federal Rules of Civil Procedure. The Order to Show Cause is DISCHARGED. (See order for further details.) (es) |
Filing 35 NOTICE of Withdrawal of only Laura P. Merritt (PHV) for reasons set forth in Notice of Deficiency (D.E. 28) filed by Plaintiff DCR Marketing Inc.. (Merritt, Laura) |
Filing 34 MINUTES OF Motion to Disqualify Plaintiff's Counsel #15 DCR Marketing, Inc's Motion to Dismiss Amended Counterclaims #24 Order to Show Cause Why Sanctions Should not be Imposed and/or the Answer Stricken for Defendant's Failure to Appear at the 12-16-19 Scheduling Conference Scheduling Conference Hearing held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. Matter is argued and taken under submission. Court Reporter: Sharon Seffens. (es) |
Filing 33 JOINT REPORT Rule 26(f) Discovery Plan (AMENDED) ; estimated length of trial 5 days, filed by Plaintiff DCR Marketing Inc... (Attachments: #1 Exhibit A: Schedule of Pretrial and Trial Dates for Civil Cases)(Edwards, Derek) |
Filing 32 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Amended Counterclaims with Memorandum of Points and Authorities in Support #24 filed by Counter Defendant DCR Marketing Inc.. (Edwards, Derek) |
Filing 31 [IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION to Dismiss #24 , MOTION to Disqualify Counsel #15 , Scheduling Conference and Order to Show Cause previously setfor 1/27/2020 at 1:30 pm are advanced to 1/24/2020 at 01:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
Filing 30 DEFENDANT/COUNTER-CLAIM PLAINTIFF'S OPPOSITION TO DCR MARKETING INC.'S MOTION TO DISMISS AMENDED COUNTERCLAIMS OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Amended Counterclaims with Memorandum of Points and Authorities in Support #24 filed by Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 29 ORDER by Judge James V. Selna, GRANTING #27 Non-Resident Attorney Laura P. Merritt APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff DCR Marketing Inc, designating Derek W. Edwards as local counsel. (es) |
Filing 28 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Laura P. Merritt to Appear Pro Hac Vice on behalf of Counter Defendants DCR Marketing Inc., DCR Marketing Inc., Plaintiff DCR Marketing Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25050806) #27 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt) |
Filing 27 APPLICATION of Non-Resident Attorney Laura P. Merritt to Appear Pro Hac Vice on behalf of Counter Defendants DCR Marketing Inc., DCR Marketing Inc., Plaintiff DCR Marketing Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25050806) filed by Attorney for Plaintiff / Counterdefendant DCR Marketing Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order Proposed Order on Application of Non-Resident to Appear in Specific Case Pro Hac Vice) (Edwards, Derek) |
Filing 26 [IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION to Disqualify Counsel #15 , the Scheduling Conference and the Order to Show Cause previously set for 1/6/2020 at 1:30 pm are continued to 1/27/2020 at 01:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
Filing 25 REPLY TO OPPOSITION NOTICE OF MOTION AND MOTION to Disqualify Counsel Waller Lansden Dortch & Davis, LLP, Derek Edwards #15 filed by Counter Claimant U.S. Alliance Group, Inc., Defendant U.S. Alliance Group, Inc.. (Huber, James) |
Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Amended Counterclaims with Memorandum of Points and Authorities in Support filed by Plaintiff/Counter-Defendant DCR Marketing Inc.. Motion set for hearing on 1/27/2020 at 10:30 AM before Judge James V. Selna. (Attachments: #1 Proposed Order Proposed Order) (Edwards, Derek) |
Filing 22 DECLARATION of Christopher M. Phillips re MEMORANDUM in Opposition to Motion #20 to Disqualify Plaintiff's Counsel filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Exhibit 1: Sept. 12, 2019 Email String, #2 Exhibit 2: Sept. 10, 2019 Email String, #3 Exhibit 3: Sept. 12, 2019 Email String, #4 Exhibit 4: Sept. 12, 2019 Email String)(Edwards, Derek) |
Filing 21 DECLARATION of Derek W. Edwards re MEMORANDUM in Opposition to Motion #20 to Disqualify Plaintiff's Counsel filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Exhibit 1: July 25, 2012 Email String, #2 Exhibit 2: June 26, 2012 Email String, #3 Exhibit 3: Oct. 4, 2011 Email String, #4 Exhibit 4: Oct. 4, 2011 Email String, #5 Exhibit 5: Oct. 25, 2011 Email String, #6 Exhibit 6: Nov. 3, 2011 Email, #7 Exhibit 7: Sept. 12, 2019 Email, #8 Exhibit 8: Sept. 10, 2019 Email, #9 Exhibit 9: Sept. 12, 2019 Email, #10 Exhibit 10: Oct. 30, 2012 Email)(Edwards, Derek) |
Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Disqualify Counsel Waller Lansden Dortch & Davis, LLP, Derek Edwards #15 filed by Plaintiff DCR Marketing Inc.. (Edwards, Derek) |
Filing 19 RESPONSE filed by Defendant U.S. Alliance Group, Inc.to Scheduling Conference - optional html form,,, Set/Reset Deadlines/Hearings,, #18 (Attachments: #1 Declaration Declaration of James Huber in Support of Response)(Huber, James) |
Filing 23 AMENDED MINUTES re SCHEDULING CONFERENCE held before Judge James V. Selna: Cause is called for hearing with counsel for the plaintiff, only, present. There is no appearance by or on behalf of defendant. The Scheduling Conference and Motion to Disqualify Counsel are continued to, and the Court sets a Order to Show Cause on, January 13, 2020 at 1:30 p.m. why sanctions should not be imposed against the defendant and/or the answer stricken for defendants failure to appear this date. Defendant shall reply to the Order to Show Cause, in writing, by January 6, 2020. (shb) |
Filing 18 MINUTES OF Scheduling Conference held before Judge James V. Selna: There is no appearance by or on behalf of defendant. The Scheduling Conference is continued to, and the Court sets a Order to Show Cause on, January 13, 2020 at 1:30 p.m. why sanctions should not be imposed against the defendant and/or the answer stricken for defendant's failure to appear this date. Defendant shall reply to the Order to Show Cause, in writing, by January 6, 2020. Court Reporter: Sharon Seffens. (es) |
Filing 17 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMANDFIRST AMENDED, THIRD PARTY COMPLAINT against Diana Fletcher, First COUNTERCLAIM against DCR Marketing Inc. filed by DEFENDANT/COUNTER-CLAIM PLAINTIFF'S U.S. Alliance Group, Inc..(Huber, James) |
Filing 16 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff DCR Marketing Inc... (Attachments: #1 Exhibit A: Schedule of Pretrial and Trial Dates for Civil Cases)(Edwards, Derek) |
Filing 15 NOTICE OF MOTION AND MOTION to Disqualify Counsel Waller Lansden Dortch & Davis, LLP, Derek Edwards filed by Defendant/Counter-Claim Plaintiff, U.S. Alliance Group, Inc. d/b/a Alternative Payments International, Defendant U.S. Alliance Group, Inc.. Motion set for hearing on 1/6/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration Declaration of James Huber In Support of Motion, #2 Declaration Declaration of Fadi Cheika In Support of Motion, #3 Declaration Declaration of Robert Falck In Support of Motion) (Huber, James) |
Filing 14 Joint STIPULATION for Extension of Time to File Response as to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #13 filed by Plaintiff/Counter-Defendant DCR Marketing Inc..(Edwards, Derek) |
Filing 13 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND, COUNTERCLAIM against DCR Marketing Inc., Diana Fletcher filed by Defendant U.S. Alliance Group, Inc..(Huber, James) |
Filing 12 First STIPULATION Extending Time to Answer the complaint as to U.S. Alliance Group, Inc. answer now due 11/22/2019, filed by Defendant U.S. Alliance Group, Inc..(Attorney Joshua John Herndon added to party U.S. Alliance Group, Inc.(pty:dft))(Herndon, Joshua) |
Filing 11 NOTICE of Appearance filed by attorney James Cannon Huber on behalf of Defendant U.S. Alliance Group, Inc. (Attorney James Cannon Huber added to party U.S. Alliance Group, Inc.(pty:dft))(Huber, James) |
Filing 10 Order Setting Rule 26(f) Scheduling Conference set for 12/16/2019 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 12/9/2019. (rrp) |
Filing 9 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff DCR Marketing Inc., upon Defendant U.S. Alliance Group, Inc. served on 10/9/2019, answer due 10/30/2019. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Edwards, Derek) |
Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
Filing 7 21 DAY Summons issued re Complaint #1 as to defendant U.S. Alliance Group, Inc. (esa) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (esa) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DCR Marketing Inc.. (Edwards, Derek) |
Filing 3 NOTICE of Interested Parties filed by Plaintiff DCR Marketing Inc., (Edwards, Derek) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff DCR Marketing Inc.. (Edwards, Derek) |
Filing 1 COMPLAINT Receipt No: 0973-24547155 - Fee: $400, filed by Plaintiff DCR Marketing Inc.. (Attachments: #1 Exhibit DCR Application, #2 Exhibit API Terms & Conditions, #3 Exhibit Notice of Termination 09.09.19) (Attorney Derek W Edwards added to party DCR Marketing Inc.(pty:pla))(Edwards, Derek) |
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