In Re: Easysaver Rewards Litigation
Plaintiff: Grant Jenkins, Jennifer Lawler, Bradley Berentson, Deanna Hunt, Josue Romero, Albert Parker, Alissa Herbst, Daniel Cox, Christopher Dickey, Jonathan Walter, Kimberly Kenyon, Bobbi Sledge and Gina Bailey
Defendant: Doe Defendants A - Z, Encore Marketing International, Inc., Provide Commerce, Inc. and Regent Group, Inc. a California Corporation doing business as Encore Marketing International
Case Number: 3:2009cv02094
Filed: September 24, 2009
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Cynthia Bashant
Referring Judge: William V Gallo
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2020 Opinion or Order Filing 371 REPLY to Response to Motion re #368 MOTION for Attorney Fees for Common-Fund Benefit filed by Brian Perryman. (Schulman, Adam)
June 12, 2020 Opinion or Order Filing 370 RESPONSE to Motion re #368 MOTION for Attorney Fees for Common-Fund Benefit filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Brian Perryman, Josue Romero, Bobbi Sledge, Jonathan Walter. (Anderson, Jennie) (jmo).
May 27, 2020 Opinion or Order Filing 369 ORDER Setting Briefing Schedule on Objector's Motion for Attorney's Fees (ECF No. #368 ). Plaintiff's Response to Objector's motion due by 6/12/2020. Objector shall file any reply no later than 6/19/2020. Signed by Judge Cynthia Bashant on 5/27/20.(jmo) (dlg).
May 15, 2020 Opinion or Order Filing 368 MOTION for Attorney Fees for Common-Fund Benefit by Brian Perryman. (Attachments: #1 Declaration of Theodore H. Frank)(Frank, Theodore) (jmo).
May 1, 2020 Opinion or Order Filing 367 ORDER granting in part #356 Plaintiffs' Renewed Motion for Attorney Fees. The Court awards Plaintiffs counsel $3,417,904.13 in attorneys fees. If Plaintiffs are successful in obtaining additional relief for the class, they may return to the Court to seek a supplemental fee award. Signed by Judge Cynthia Bashant on 4/30/2020.(bxc)
February 24, 2020 Opinion or Order Filing 366 ORDER Granting Motion for Substitution of Counsel (ECF No. #360 ). Attorney Michael G Rhodes; Michelle C Doolin and Leo P Norton terminated. Signed by Judge Cynthia Bashant on 2/21/20. (jmo) (dlg).
February 18, 2020 Opinion or Order Filing 365 RESPONSE re #364 Objection filed by Gina Bailey, Kimberly Kenyon, Albert Parker. (Steckler, Bruce) (jmo).
February 14, 2020 Opinion or Order Filing 364 OBJECTION by Brian Perryman Supplemental Objection to Renewed Motion for Fees. (Schulman, Adam) (dlg).
February 6, 2020 Opinion or Order Filing 363 DECLARATION re #361 Order, Supplemental Declaration of Michael D. Singer in Support of Plaintiffs' Renewed Motion for Attorneys' Fees and Costs by Plaintiffs Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Proof of Service)(Singer, Michael) (jmo).
February 5, 2020 Opinion or Order Filing 362 DECLARATION re #361 Order, Supplemental Declaration of Bruce W. Steckler In Support of Plaintiffs' Renewed Motion for Attorneys' Fees by Plaintiffs Gina Bailey, Kimberly Kenyon, Albert Parker. (Attachments: #1 Declaration, #2 Exhibit)(Steckler, Bruce) (jmo).
January 31, 2020 Opinion or Order Filing 361 ORDER Requesting Supplemental Briefing on #356 MOTION for Attorney Fees. To aid the Court in considering Plaintiffs renewed motion and Objectors challenges, the Court orders Plaintiffs to submit supplemental declarations from Mr. Steckler and Mr. Singer no later than February 7, 2020. If Objector wishes to address these supplemental declarations, he may file a supplemental objection no later than February 14, 2020. Signed by Judge Cynthia Bashant on 1/31/2020.(bxc)
December 20, 2019 Opinion or Order Filing 360 NOTICE of Substitution of Counsel of Record; Consent Order for Substitution of Attorney by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Howell, Edwin) Modified on 12/23/2019 to correct event. QC mail to attorney re: filed using the wrong event/submission of proposed order. Directed not to re-file document (jmo).
December 6, 2019 Opinion or Order Filing 359 REPLY to Response to Motion re #356 MOTION for Attorney Fees filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Patterson, James). Modified on 12/9/2019 - Wrong event. Duplicate text added. QC Email sent. Corrected entry (jah).
November 25, 2019 Opinion or Order Filing 358 RESPONSE in Opposition re #356 MOTION for Attorney Fees Plaintiffs' Notice of Motion and Renewed Motion for Attorney's Fees filed by Brian Perryman. (Schulman, Adam)
November 7, 2019 Opinion or Order Filing 357 ORDER Setting Briefing Schedule re #356 MOTION for Attorney Fees Plaintiffs' Notice of Motion and Renewed Motion for Attorney's Fees : Responses due by 11/25/2019; Replies due by 12/6/2019. Signed by Judge Cynthia Bashant on 11/6/19.(dlg)
November 1, 2019 Opinion or Order Filing 356 MOTION for Attorney Fees by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of James R. Patterson, #3 Declaration of Gene J. Stonebarger, #4 Declaration of Michael D. Singer, #5 Declaration of Jennie Lee Anderson, #6 Declaration of Bruce Steckler)(Patterson, James)Attorney James Richard Patterson added to party Daniel Cox(pty:pla), Attorney James Richard Patterson added to party Christopher Dickey(pty:pla), Attorney James Richard Patterson added to party Alissa Herbst(pty:pla), Attorney James Richard Patterson added to party Jennifer Lawler(pty:pla), Attorney James Richard Patterson added to party Jonathan Walter(pty:pla) Modified on 12/9/2019 (jah).
October 25, 2019 Opinion or Order Filing 355 Joint STATUS REPORT by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter. (Anderson, Jennie). Modified on 10/28/2019 - Per telephonic request of Filer, Objector Brian Perryman removed as a filer. Edited text (jah).
October 25, 2019 Opinion or Order Filing 354 NOTICE of Appearance by Edwin Arthur Howell on behalf of Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Howell, Edwin). Attorney Edwin Arthur Howell added to party Provide Commerce, Inc.(pty:dft). (jah).
October 17, 2019 Opinion or Order Filing 353 NOTICE of Change of Address by Gene J. Stonebarger (Stonebarger, Gene). Modified on 10/21/2019 - QC Email sent for Atty to update ECF account per ECF 1.f (jah).
September 27, 2019 Opinion or Order Filing 352 ORDER granting in part and denying in part Plaintiffs' #338 Motion for Attorney Fees and Costs. Court grants Plaintiffs' request for an award of $200,000 in costs to class counsel. Court denies without prejudice Plaintiffs' request for $8.7 million in attorneys fees based on the entire settlement. Court bifurcates the fee award as described in this Order. If Plaintiffs wish to seek fees based on only the non-coupon portion of the settlement, they may file a new motion for attorneys fees that is consistent with this Order by 11/1/2019. The parties shall file a joint status report by 10/25/2019, informing the Court of their plan for distributing the credits, including whether they have chosen to amend the settlement agreement or whether the Court needs to enter an amended judgment to allow for distribution of the credits. Signed by Judge Cynthia Bashant on 9/27/2019. (jah)
September 16, 2019 Opinion or Order Filing 351 NOTICE of Order Lifting Automatic Stay and Bankruptcy Claims Bar Date; Request for Order Granting Plaintiffs' Motion for Attorneys' Fees and Costs Prior to the October 7, 2019 Bar Date by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter (Anderson, Jennie).Modified on 9/17/2019 - Has s/ of different atty. QC Email sent re ECF signature policy (jah).
June 24, 2019 Opinion or Order Filing 350 NOTICE of Denial of Petition for Writ of Certiorari by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter (Attachments: #1 Exhibit A)(Anderson, Jennie)Attorney Jennie Lee Anderson added to party Alissa Herbst(pty:pla)
June 10, 2019 Opinion or Order Filing 349 NOTIFICATION OF BANKRUPTCY Upon the Record as to FTD Companies, Inc. by Provide Commerce, Inc. (Attachments: #1 Exhibit A)(Norton, Leo). (jah).
March 12, 2019 Opinion or Order Filing 348 NOTICE OF WITHDRAWAL OF DOCUMENT by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Brian Perryman, Josue Romero, Bobbi Sledge, Jonathan Walter re #346 MOTION to Strike #343 Response in Opposition re #338 MOTION for Attorney Fees and Costs filed by Grant Jenkins, Kimberly Kenyon, Jonathan Walter, Christopher Dickey, Jennifer Lawler, Daniel Cox, Bradley Berentson, Josue Romero, Deanna Hunt, Albert Parker, Bobbi Sledge, Gina Bailey, Alissa Herbst. (Steckler, Bruce). (jah).
March 11, 2019 Opinion or Order Filing 347 REPLY to Response to Motion re #338 MOTION for Attorney Fees and Costs, filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter. (Steckler, Bruce). Modified on 3/12/2019 - Corrected document link and text (jah).
March 11, 2019 Opinion or Order Filing 346 *** WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #348 *** MOTION to Strike #343 Response in Opposition re #338 MOTION for Attorney Fees and Costs filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter. (Steckler, Bruce). Modified on 3/12/2019 - Wrong event, should be motion to strike. Changed to Motion. Corrected document link and text (jah). Modified on 3/13/2019 - Motion and judge association termed (jah).
February 22, 2019 Opinion or Order Filing 345 ORDER Granting #344 Motion for Extension of Time to File Reply re #338 MOTION for Attorney Fees and Costs. Plaintiffs may file a reply to Perryman's Opposition no later than 3/11/2019. No further extensions will be granted. Signed by Judge Cynthia Bashant on 2/22/2019. (acc)
February 20, 2019 Opinion or Order Filing 344 MOTION for Extension of Time to File Response/Reply to Opposition of Brian Perryman to Plaintiffs' Motion for Attorney's Fees and Costs by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler. (Anderson, Jennie)
February 18, 2019 Opinion or Order Filing 343 RESPONSE in Opposition re #338 MOTION for Attorney Fees and Costs filed by Brian Perryman. (Attachments: #1 Exhibit 1 - Petition for certiorari in Perryman v. Romero)(Schulman, Adam) (acc).
February 4, 2019 Opinion or Order Filing 342 NON Opposition re #338 MOTION for Attorney Fees and Costs filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)
February 1, 2019 Opinion or Order Filing 341 NOTICE of Change of Address by Adam E. Schulman as to Brian Perryman(Schulman, Adam). (jah).
January 23, 2019 Opinion or Order Filing 340 NOTICE Regarding Exhibit Attachment: Exhibit 1 to Declaration of Gene Stonebarger by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter re #338 MOTION for Attorney Fees and Costs (Anderson, Jennie). Modified on 1/24/2019 - Edited text (jah).
January 23, 2019 Opinion or Order Filing 339 DECLARATION of Edward A. Infantere #338 MOTION for Attorney Fees and Costs by Plaintiffs Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Anderson, Jennie). (jah).
January 22, 2019 Opinion or Order Filing 338 MOTION for Attorney Fees and Costs by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jennie Anderson, #3 Declaration of James Patterson, #4 Declaration of Michael Singer, #5 Declaration of Bruce Steckler, #6 Declaration of Timothy Blood, #7 Declaration of Linda B. Quinn, #8 Declaration of Todd Carpenter, #9 Declaration of Brian Lawler, #10 Declaration of Gene Stonebarger)(Anderson, Jennie). Modified on 1/23/2019 - Removed duplicative attachment description (P & A's) (jah).
December 19, 2018 Opinion or Order Filing 337 ORDER Setting Briefing Schedule. In review of the Ninth Circuit's vacating of the award of attorneys' fees re #336 USCA Mandate, Court sets the following briefing schedule pertaining to the issue of what is the proper award of attorneys' fees: 1.) Plaintiffs shall file a supplemental memorandum regarding the appropriate award of attorneys' fees by 1/22/2019, 2.) Defendant shall file a supplemental memorandum regarding the appropriate award of attorneys' fees by 2/4/2019, 3.) Objector may file a supplemental opposition memorandum by 2/18/2019, and 4.) Plaintiffs may file a reply to any supplemental opposition memorandum of Objector by 2/25/2019. Any request to extend any deadline shall be made at least 5 days in advance of the relevant deadline. After submission of all briefing, Court will determine whether oral argument is warranted. Signed by Judge Cynthia Bashant on 12/19/2018. (jah)
November 29, 2018 Opinion or Order Filing 336 MANDATE of USCA affirming the approval of the class action settlement and vacating and remanding re the award of attorney's fees as to #330 Notice of Appeal to the 9th Circuit filed by Brian Perryman. (akr)
November 21, 2018 Opinion or Order Filing 335 ORDER of USCA as to #330 Notice of Appeal to 9th Circuit filed by Brian Perryman. Objector-Appellant Brian Perryman's motions seeking to stay issuance of the mandate and extend the time to file a petition for panel rehearing or, in the alternative, to stay the mandate pending his filing a petition for writ of certiorari to the United States Supreme Court and the disposition thereof are denied. (akr)
March 2, 2017 Opinion or Order Filing 334 ORDER of USCA as to #330 Notice of Appeal to 9th Circuit, filed by Brian Perryman. Appellees' motion for summary affirmance of the USDC's judgment is denied. Appellees' request for judicial notice is denied as unnecessary as either the documents are already part of the USDC record or a prior decision of the USCA. Appellant's motion for sanctions is denied. Briefing schedule issued. (akr)
October 24, 2016 Opinion or Order Filing 333 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/27/2016, before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/14/2016. Redacted Transcript Deadline set for 11/25/2016. Release of Transcript Restriction set for 1/23/2017. (akr)
September 9, 2016 Opinion or Order Filing 332 USCA Time Schedule Order as to #330 Notice of Appeal to 9th Circuit, filed by Brian Perryman. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 10/6/2016 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 11/7/2016.) (cc: Court Reporters). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
September 9, 2016 Opinion or Order Filing 331 USCA Case Number 16-56307 for #330 Notice of Appeal to 9th Circuit, filed by Brian Perryman. (akr)
September 6, 2016 Opinion or Order Filing 330 NOTICE OF APPEAL to the 9th Circuit as to #328 Order, #277 Judgment, #271 Order, #305 Order, by Brian Perryman. (Filing fee $ 505 receipt number 0974-9385536.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Frank, Theodore). (Modified on 9/6/2016 to edit docket text re linked Order.) (akr).
August 31, 2016 Opinion or Order Filing 329 NOTICE of Change of Address by Objector Brian Perryman (Frank, Theodore). Modified on 8/31/2016 - Edited text re filer. QC Email sent for Atty update address information thru CM/ECF utilities per ECF I.f. (jah).
August 9, 2016 Opinion or Order Filing 328 ORDER re #277 Judgment, #271 Order on Motion for Attorney Fees. This Court, having reconsidered the settlement in the light of In re Online DVD Rental Antitrust Litigation, adopts and reinstates the Orders of Judge Battaglia. (ECF Nos. 271, 277.) Judgment is entered in the Plaintiff Class Members' favor and the case is dismissed with prejudice. Signed by Judge Cynthia Bashant on 8/9/2016.(kcm) (sjt).
July 27, 2016 Opinion or Order Filing 327 SUPPLEMENTAL BRIEFING: Letter re Unanswered Question at Oral Argument by Brian Perryman re 326 Oral Argument Hearing, (Attachments: #1 Exhibit Cox v. Clarus complaint)(Frank, Theodore). Modified on 7/28/2016 - Wrong event. QC Email sent. Corrected entry (jah).
July 27, 2016 Opinion or Order Filing 326 Minute Entry for proceedings held before Judge Cynthia Bashant: Oral Argument Hearing held on 7/27/2016. Court to issue order.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Mazin Sbaiti, Isam Khoury, Jennie Anderson, Bruce Steckler, and Timothy Cohelan). (Defendant Attorney Leo Norton and Myron Cherry). (Theodore Frank).(no document attached) (sxm)
July 6, 2016 Opinion or Order Filing 325 ORDER granting Defendants and Objector Brian Perryman's #324 Ex Parte Motion to Clarify Court's 6/7/2016 Order Setting Oral Argument #23 . Court clarifies that the parties and Mr. Perryman are expected to appear through counsel, personal attendance is not required. Signed by Judge Cynthia Bashant on 7/5/2016. (jah)
June 13, 2016 Opinion or Order Filing 324 Ex Parte MOTION to Clarify re #323 Order by Encore Marketing International, Inc., Brian Perryman, Provide Commerce, Inc., Regent Group, Inc.. (Attachments: #1 Declaration Theodore H. Frank)(Frank, Theodore). Modified on 6/14/2016 - Edited text and link to Order (jah).
June 7, 2016 Opinion or Order Filing 323 ORDER Setting Oral Argument. Court orders the parties and Objector Brian Perryman to appear for Oral Argument Hearing set for 7/27/2016 09:30 AM in Courtroom 4B before Judge Cynthia Bashant regarding the proposed class action settlement, motion for attys' fees and costs, and the impact of In re Online DVD-Rental Antitrust Litigation, 779 F.3d 934 (9th Cir. 2105). Signed by Judge Cynthia Bashant on 6/7/2016. (jah)
December 1, 2015 Opinion or Order Filing 322 RESPONSE re #321 Notice of Decision Filed By Brian Perryman filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Proof of Service)(Patterson, James). Modified on 12/2/2015 - Edited text (jah).
November 16, 2015 Opinion or Order Filing 321 NOTICE of Decision by Brian Perryman (Attachments: #1 Exhibit)(Schulman, Adam). (jah).
September 14, 2015 Opinion or Order Filing 320 ORDER granting Joint Motion to Return Appeal Bond and to Close Interest Bearing Account. Court orders Clerk of the Court to release the amount of $15,000.00, plus interest, from the interest bearing acct to Center for Class Action Fairness. Clerk of the Court is authorized to deduct a fee for handling all funds deposited with Court and held in interest bearing accts or instruments. Fee must be equal to that authorized by the Judicial Conference of the United States abd set by the Director of the Administrative Office of the U.S. Courts. Signed by Judge Cynthia Bashant on 9/14/2015. (cc: Financial) (jah)
August 12, 2015 Opinion or Order Filing 319 ORDER granting #318 Joint Motion to Return Appeal Bond. Signed by Judge Cynthia Bashant on 8/12/2015. (kcm)
August 11, 2015 Opinion or Order Filing 318 Joint MOTION for Release of Bond Obligation Imposed by #291 and Deposited #292 by Brian Perryman. (Attachments: #1 Proposed Order)(Frank, Theodore). Modified on 8/11/2015 - Proposed Order attached. QC Email sent re ECF Proposed Order policy and to email Proposed Order to Chambers (jah).
July 24, 2015 Opinion or Order Filing 317 ORDER Denying Pro Hac Vice as to Anna St. John. Signed by Judge Cynthia Bashant on 7/23/2015.(vam)
July 21, 2015 Opinion or Order Filing 316 Notice of Document Discrepancies and Order Thereon by the Chambers of Judge the Cynthia Bashant Rejecting re #313 Reply - Other, from Plaintiffs Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. Non-compliance with local rule(s), ECF 2(a),(g): Docket entry does not accurately reflect the document filed, Pleading is titled to wrong Court. Pleading is a Ninth Circuit Court of Appeals document. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. (jah) (Additional attachment(s) added on 7/21/2015: #1 Rejected Document) (jah).
July 17, 2015 Opinion or Order Filing 315 Corporate Disclosure Statement by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo). (jah).
July 16, 2015 Opinion or Order Filing 314 REPLY in Support of Final Settlement Approval re #310 Supplemental Briefing filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Jennifer Lawler, Josue Romero, Jonathan Walter. (Sbaiti, Mazin). Modified on 7/17/2015 - Edited text (jah).
July 16, 2015 Opinion or Order Filing 313 ORDERED STRICKEN PER 7/21/2015 DISCREPANCY ORDER #316 - REPLY in Support of Final Settlement Approval re #310 Supplemental Briefing filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Josue Romero, Jonathan Walter. (Sbaiti, Mazin). Modified on 7/17/2015 - Wrong pdf attached. Pdf is Court of Appeals document. Edited text (jah). (Main Document 313 replaced on 7/21/2015) (jah). Modified on 7/21/2015 - Image removed (jah).
July 16, 2015 Opinion or Order Filing 312 SUPPLEMENTAL BRIEFING: Reply Supplemental Memorandum in Support of Final Settlement Approval by Defendant Provide Commerce, Inc. re #310 Supplemental Briefing. (Attachments: #1 Proof of Service)(Norton, Leo). Modified on 7/17/2015 - Edited text (jah).
July 8, 2015 Opinion or Order Filing 311 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (St. John, Anna) (vam).
July 2, 2015 Opinion or Order Filing 310 Response in Opposition to Motion for Final Approval and Attorneys Fees by Objector Brian Perryman re #306 Supplemental Briefing, #307 Supplemental Briefing. (Attachments: #1 Declaration of Theodore H. Frank, #2 Exhibits 1-3, #3 Exhibits 4-6, #4 Exhibits 7-11, # . Modified on 7/6/2015 - Wrong event. Extra text added in all caps. QC Email sent. Corrected entry. Removed duplicative text and attachment descriptions (jah).
July 1, 2015 Opinion or Order Filing 309 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8208319.) (Application to be reviewed by Clerk.) (St. John, Anna). Modified on 7/2/2015 - Not signed by Applicant (jah).
June 18, 2015 Opinion or Order Filing 308 NOTICE of Joinder by Regent Group, Inc. re #307 Supplemental Briefing (Zolna, Jacie) (dls).
June 18, 2015 Opinion or Order Filing 307 SUPPLEMENTAL BRIEFING by Defendant Provide Commerce, Inc. re #262 Response in Support of Motion,, #305 Order, . (Attachments: #1 Declaration of Laura Szeliga iso Supplemental Memorandum, #2 Proof of Service)(Norton, Leo) (dls).
June 18, 2015 Opinion or Order Filing 306 SUPPLEMENTAL BRIEFING by Plaintiffs Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter Supplemental Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement and Plaintiffs' Unopposed Motion for (1) Attorneys' Fees and (2) Incentive Awards. (Anderson, Jennie)(dls).
May 21, 2015 Opinion or Order Filing 305 ORDER Setting Briefing Schedule re #303 Joint Memorandum Following Remand, #304 Memorandum Following Remand. Plaintiffs and Dfts may each file supplemental memoranda within 28 days of this Order. Objector may file opposition within 14 days thereafter. Plaintiffs and Dfts may reply, if necessary, within 14 days of Objector's Opposition. Thereafter, Court will set a hearing date for final settlement approval. Signed by Judge Cynthia Bashant on 5/21/2015. (jah)
May 4, 2015 Opinion or Order Filing 304 MEMORANDUM Following Remand re #301 Order Reopening Case, filed by Brian Perryman. (Frank, Theodore). Modified on 5/5/2015 - Wrong event. Corrected text (jah).
May 4, 2015 Opinion or Order Filing 303 Joint MEMORANDUM of Parties Following Remand re #301 Order Reopening Case filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Alissa Herbst, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Jennifer Lawler, Albert Parker, Josue Romero, Bobbi Sledge, Jonathan Walter. (Neilson, Kimberly). Modified on 5/5/2015 - Wrong event. Corrected text (jah).
April 23, 2015 Opinion or Order Filing 302 MANDATE of USCA vacating the decision of the USDC and remanding for further proceedings as to #278 Notice of Appeal to 9th Circuit, filed by Brian Perryman. (akr)
April 23, 2015 Opinion or Order Filing 301 ORDER REOPENING CASE. Court vacates the #277 Judgment and #271 Final Order Approving Class Settlement. Court reopens the case for further proceedings. Parties are instructed to jointly submit a 10 page memorandum summarizing import of the Frank decision and intentions going forward. Objector-Appellant Brian Perryman may submit a 10 page memorandum on the same topic. Submissions must be filed by 5/4/2015. Court will set schedules as appropriate. Signed by Judge Cynthia Bashant on 4/23/2015. (jah)
April 3, 2015 Opinion or Order Filing 300 ORDER of USCA as to #278 Notice of Appeal to 9th Circuit, filed by Brian Perryman. Plaintiffs-Appellees' Motion for Rehearing or for Clarification is denied. (akr)
January 29, 2015 Opinion or Order Filing 299 ORDER of USCA as to #278 Notice of Appeal to 9th Circuit, filed by Brian Perryman. Submission of this case is deferred pending resolution of Frank v. Netflix, No. 12-15705. Oral argument currently scheduled for February 2, 2015, is vacated. (akr)
May 14, 2014 Opinion or Order Filing 298 TRANSFER ORDER. The following civil cases is hereby transferred from the calendar of the Honorable Anthony J. Battaglia to the calendar of the Honorable Cynthia A. Bashant. All future filings should reflect the change in designation and all pending conferences or hearing dates now set before Judge Battaglia are VACATED. The parties are instructed to contact Judge Bashants chambers for a new hearing date and to determine whether the current briefing schedule on any pending motions remain effective. Any dates set before any magistrate judge remain unchanged. The new case number is 09cv2094 BAS (WVG). Signed by Judge Anthony J. Battaglia on 05/13/14.(jcj)
March 17, 2014 Opinion or Order Filing 297 MOTION to Withdraw #294 MOTION for Contempt Against Todd Haas and Sentry Insurance a Mutual Company and To Enforce Stipulated Protective Order by Regent Group, Inc. (Zolna, Jacie) (cge).
March 14, 2014 Opinion or Order Filing 296 ORDER by Judge Battaglia: Set/re-set briefing schedule. Pursuant to an oral request by counsel and for good cause shown, the Oppositions as to #294 Motion for Contempt Against Todd Haas and Sentry Insurance a Mutual Company and To Enforce Stipulated Protective Order is now due to be filed by Tuesday, March 18, 2014, and Replies are now due to be filed by Tuesday, 4/1/2014.(no document attached) (sc) (cge).
February 28, 2014 Opinion or Order Filing 295 ORDER by Judge Battaglia, Set briefing schedule as to #294 MOTION for Contempt Against Todd Haas and Sentry Insurance a Mutual Company and To Enforce Stipulated Protective Order. Oppositions due by 3/14/2014, Replies due by 3/28/2014, no sur-replies will be filed. Motion Hearing set for 4/17/2014 at 2:00 PM in Courtroom 3B before Judge Anthony J. Battaglia.(no document attached) (sc) (cge).
February 27, 2014 Opinion or Order Filing 294 DOCUMENT WITHDRAWN PER #297 - MOTION for Contempt against Todd Haas and Sentry Insurance a Mutual Company and to Enforce Stipulated Protective Order by Regent Group, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A-G, #3 Proof of Service)(Zolna, Jacie) (cge). (Modified text to indicate withdrawn on 3/18/2014) (cge).
June 5, 2013 Opinion or Order Filing 293 AMENDED NOTICE OF APPEAL to the 9th Circuit as to #291 Order granting Motion for Appellate Bond, #277 Final Judgment, #271 Final Order Approving Class Settlement, Granting Plaintiffs' Motions for Attorneys' Fees, Costs, and Incentive Awards, Overruling Perryman's Objections, by Brian Perryman, Objector. (Frank, Theodore). Modified on 6/6/2013 to edit docket text to reflect the title of the filed document. Notice of Appeal filed at document #278 on 3/4/2013. USCA Case Number is 13-55373. Amended Notice of Appeal electronically transmitted to US Court of Appeals via regenerated NEF. (akr).
May 20, 2013 Opinion or Order Filing 292 Appeals BOND re #291 ORDER granting 284 Motion Bond on Appeal in the amount of $15,000 posted by Objector Brian Perryman. (cge)
May 6, 2013 Opinion or Order Filing 291 ORDER granting #284 Motion Bond on Appeal. On or before May 31, 2013, Objector Perryman must either post a $15,000 bond or file a notice of dismissal of his appeal. Signed by Judge Anthony J. Battaglia on 5/6/13. (cge) (jrl).
May 6, 2013 Opinion or Order Filing 290 ORDER denying Objector Perryman's #272 Motion for Rule 11 Sanctions. Signed by Judge Anthony J. Battaglia on 5/6/13. (cge)
April 26, 2013 Opinion or Order Filing 289 ORDER by Judge Battaglia, Motions Submitted #272 MOTION for Sanctions under Rule 11, #284 MOTION for Bond on Appeal. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date.(no document attached) (sc)
April 25, 2013 Opinion or Order Filing 288 REPLY to Response to Motion re #284 MOTION for Bond on Appeal filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Declaration of Jennie Lee Anderson, #2 Exhibit A)(Anderson, Jennie)(cge).
April 18, 2013 Opinion or Order Filing 287 RESPONSE in Opposition re #284 MOTION for Bond on Appeal filed by Brian Perryman. (Attachments: #1 Exhibit 1. Cobell bill of costs order, #2 Exhibit 2. Blessing bill of costs order, #3 Exhibit 3. Ninth Circuit bill of costs form, #4 Declaration of Theodore H. Frank in opposition to motion for appeal bond)(Frank, Theodore) (cge).
April 3, 2013 Opinion or Order Filing 286 NOTICE OF RELATED CASE(S) by Brian Perryman of case(s) 11-cv-2711 . (Frank, Theodore) (cge). (No proposed low number rule order prepared, to be prepared in 11cv2711)(cge).
March 20, 2013 Opinion or Order Filing 285 REPLY to Response to Motion re #272 MOTION for Sanctions under Rule 11 filed by Brian Perryman. (Attachments: #1 Exhibit 1. In re Wal-Mart Wage and Hour (9th Cir.))(Frank, Theodore) (cge).
March 14, 2013 Opinion or Order Filing 284 MOTION for Bond on Appeal by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Memo of Points and Authorities)(Anderson, Jennie) (cge).
March 8, 2013 Opinion or Order Filing 283 TRANSCRIPT DESIGNATION AND ORDERING FORM by Brian Perryman for proceedings held on January 28, 2013 re #278 Notice of Appeal to 9th Circuit. (Schulman, Adam). (akr).
March 6, 2013 Opinion or Order Filing 282 RESPONSE in Opposition re #272 MOTION for Sanctions under Rule 11 filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Martin, Alisa) (cge).
March 6, 2013 Opinion or Order Filing 281 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/28/2013, before Judge Anthony J. Battaglia. Court Reporter/Transcriber: Jeannette N. Hill. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/27/2013. Redacted Transcript Deadline set for 4/8/2013. Release of Transcript Restriction set for 6/4/2013. (akr)
March 5, 2013 Opinion or Order Filing 280 USCA Time Schedule Order as to #278 Notice of Appeal to 9th Circuit, filed by Brian Perryman. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/3/2013 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 5/3/2013.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
March 5, 2013 Opinion or Order Filing 279 USCA Case Number 13-55373 for #278 Notice of Appeal to 9th Circuit, filed by Brian Perryman. (akr)
March 4, 2013 Opinion or Order Filing 278 NOTICE OF APPEAL to the 9th Circuit as to #277 Final Judgment, #271 Final Order Approving Class Settlement, Granting Plaintiffs' Motions for Attorneys' Fees, Costs, and Incentive Awards, Overruling Perryman's Objections, by Brian Perryman, Objector. (Filing fee $ 455 receipt number 0974-5670971.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Frank, Theodore). Modified on 3/4/2013 to edit docket text re Judgment and Order being appealed and to add docket text re filer's party designation. (akr).
February 21, 2013 Opinion or Order Filing 277 REINSTATED ON 8/9/2016 PER ORDER #328 - VACATED ON 4/23/2015 PER ORDER #301 - FINAL JUDGMENT in favor of Settlement Class against Defendants. The Court hereby dismisses with prejudice the action. Signed by Judge Anthony J. Battaglia on 02/21/2013.(yeb). Modified on 4/24/2015 - Edited to reflect as vacated. Case reopened (jah). Modified on 8/9/2016 - to reinstate judgment. Case closed (kcm).
February 21, 2013 Opinion or Order Filing 276 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility re #275 Joint MOTION Entry of Judgment re #271 Order on Motion for Attorney Fees filed by Bradley Berentson, Grant Jenkins, Jonathan Walter, Josue Romero, Christopher Dickey, Jennifer Lawler, Gina Bailey, Daniel Cox (aef)
February 20, 2013 Opinion or Order Filing 275 Joint MOTION Entry of Judgment re #271 Order on Motion for Attorney Fees by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Exhibit A)(Martin, Alisa) (aef).
February 14, 2013 Opinion or Order Filing 274 NOTICE of Non-Compliance with Local Rule 5.1(a) Legibility, re #272 MOTION for Sanctions under Rule 11 filed by Brian Perryman. (jah)
February 13, 2013 Opinion or Order Filing 273 ORDER by Judge Battaglia, Set briefing schedule as to #272 MOTION for Sanctions under Rule 11. Oppositions due by 3/6/2013, Replies due by 3/20/2013, no sur-replies will be filed. Motion Hearing set for 5/2/2013 at 2:00 PM in Courtroom 2A before Judge Anthony J. Battaglia.(no document attached) (sc)
February 13, 2013 Opinion or Order Filing 272 MOTION for Sanctions under Rule 11 by Brian Perryman. (Attachments: #1 Memo of Points and Authorities)(Frank, Theodore). Modified on 2/14/2013 - Pdf not 14-point font. Notice of Non-Compliance prepared (jah).
February 4, 2013 Opinion or Order Filing 271 REINSTATED ON 8/9/2016 PER ORDER #328 - VACATED ON 4/23/2015 PER ORDER #301 - FINAL ORDER Approving Class Settlement; granting Plaintiffs' #255 Motion for Attorneys' Fees, Costs, and Incentive Awards; overruling Perryman's objections. Signed by Judge Anthony J. Battaglia on 2/4/13. (cge). Modified on 4/24/2015 - Edited to reflect as vacated. Case reopened. (jah). Modified on 8/9/2016 - to reinstate order. Case closed. (kcm).
January 28, 2013 Opinion or Order Filing 270 Minute Order. for proceedings held before Judge Anthony J. Battaglia: Motion Hearing and Fairness hearing held on 1/28/2013 re #255 MOTION for Attorney Fees and Costs, and Incentive Awards filed by Bradley Berentson, Grant Jenkins, Jonathan Walter, Josue Romero, Christopher Dickey, Jennifer Lawler, Gina Bailey, Daniel Cox ; Motions Submitted #255 MOTION for Attorney Fees and Costs, and Incentive Awards. Court to issue Order. (Court Reporter Jeannette HIll). (no document attached) (ksr)
January 25, 2013 Opinion or Order Filing 269 SUPPLEMENTAL DECLARATION re #267 Order on Motion to Supplement, #255 MOTION for Attorney Fees and Costs, and Incentive Awards, #262 Response in Support of Motion,, of Theodore H. Frank by Objector Brian Perryman. (Attachments: #1 Exhibits A through C of Frank Declaration)(Frank, Theodore) (Modified to indicate 'supplemental' on 1/28/13) (cge).
January 25, 2013 Opinion or Order Filing 268 SUPPLEMENTAL DECLARATION re #267 Order on Motion to Supplement, #255 MOTION for Attorney Fees and Costs, and Incentive Awards, #262 Response in Support of Motion,, of Brian Perryman by Objector Brian Perryman. (Frank, Theodore)(Modified to indicate 'supplemental' on 1/28/13) (cge).
January 25, 2013 Opinion or Order Filing 267 ORDER granting #266 Ex Parte Motion for leave to Supplement Record with the Declaration of Brian Perryman and the Declaration of Theodore H. Frank. Signed by Judge Anthony J. Battaglia on 1/25/13. (cge) (jcj).
January 23, 2013 Opinion or Order Filing 266 Ex Parte MOTION to Supplement Record with the Declaration of Brian Perryman and the Declaration of Theodore H. Frank by Brian Perryman. (Attachments: #1 Memo of Points and Authorities and Declaration of Theodore H. Frank re attempt to meet and confer, #2 Proposed Order)(Frank, Theodore) (Proposed Order submitted, improper s/ signature (P/As), email sent to atty on 1/23/2013) (cge).
January 22, 2013 Opinion or Order Filing 265 NON Opposition re #255 MOTION for Attorney Fees and Costs, and Incentive Awards and Dkt 262 - Memorandum of Points and Authorities ISO Final Approval of Class Action Settlement filed by Provide Commerce, Inc. (Attachments: #1 Declaration of Leo P. Norton, #2 Exhibit A - F to Declaration of Leo P. Norton, #3 Proof of Service)(Norton, Leo) (cge).
January 22, 2013 Opinion or Order Filing 264 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia: Rejecting Document, from Objector Brian Perryman. Non-compliance with local rule(s), OTHER: Supplemental Documents require court order. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties(All non-registered users served via U.S. Mail Service)(cge)
January 22, 2013 Opinion or Order Filing 263 DOCUMENT STRICKEN PER #264 - SUPPLEMENTAL DOCUMENT by Brian Perryman re #258 Response in Opposition to Motion, #255 MOTION for Attorney Fees and Costs, and Incentive Awards, #262 Response in Support of Motion,, SUPPLEMENTAL DECLARATION of Brian Perryman in Opposition to #255 . (Frank, Theodore)(No leave of court granted to file Supplemental Document, discrepancy prepared on 1/22/2013. Modified to indicate document stricken on 1/22/13) (cge). (Main Document 263 replaced on 1/22/2013) (cge).
January 18, 2013 Opinion or Order Filing 262 RESPONSE in Support re #255 MOTION for Attorney Fees and Costs, and Incentive Awards filed by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Declaration of Hon. Edward A. Infante In Support, #2 Declaration of Bruce W. Steckler in Support, #3 Declaration (Supp) of Isam C. Khoury in Support, #4 Declaration of Jennifer M. Keough re Claims Admin, etc., #5 Declaration of Jennifer M. Keough re B. Perryman & A. Meyer)(Sbaiti, Mazin) (cge).
December 28, 2012 Opinion or Order Filing 261 NOTICE of Change of Address by Bruce W. Steckler (Steckler, Bruce) (Atty Maint)(cge).
December 21, 2012 Opinion or Order Filing 260 NOTICE of Appearance by Adam E. Schulman on behalf of Brian Perryman (Schulman, Adam) (rlu).
December 17, 2012 Opinion or Order Filing 259 PRO HAC VICE APPOINTED: Adam E. Schulman appearing for Objector Brian Perryman. (All non-registered users served via U.S. Mail Service)(vam)
December 7, 2012 Opinion or Order Filing 258 RESPONSE in Opposition re #255 MOTION for Attorney Fees and Costs, and Incentive Awards , OBJECTION to Proposed Settlement [248-3], and NOTICE of intent to appear at fairness hearing through counsel filed by Brian Perryman. (Attachments: #1 Declaration Brian Perryman)(Frank, Theodore)(cge).
December 6, 2012 Opinion or Order Filing 257 ORDER by Judge Battaglia, Due to a conflict in the Court's calendar, the Fairness Hearing is hereby continued from 1/25/13 to 1/28/2013 at 2:00 PM in Courtroom 12 before Judge Anthony J. Battaglia.(no document attached) (sc)
November 30, 2012 Opinion or Order Filing 256 NOTICE of Hearing on Motion #255 MOTION for Attorney Fees and Costs, and Incentive Awards :Due to a conflict in the Court's calendar, the motion hearing is hereby continued to 1/28/2013 at 2:00 PM in Courtroom 12 before Judge Anthony J. Battaglia. (no document attached) (sc)
November 26, 2012 Opinion or Order Filing 255 MOTION for Attorney Fees and Costs, and Incentive Awards by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Memo of Points and Authorities, #2 Declaration James Patterson & Exhibits, #3 Declaration Isam Khoury & Exhibits, #4 Declaration Bruce Steckler & Exhibits, #5 Declaration Gene Stonebarger & Exhibits, #6 Declaration Jennie Lee Anderson & Exhibits)(Martin, Alisa) (cge).
September 6, 2012 Opinion or Order Filing 254 ORDER granting #253 Motion to Continue Deadlines Under Settlement Agreement and Order Preliminarily Approving Class Settlement. Fairness Hearing set for 1/25/2013 01:30 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 9/6/12. (cge) Modified to correct hearing date for Fairness Hearing (2012 to 2013) on 9/10/2012 (cge). (Main Document 254 replaced on 9/10/2012 - incorrect year indicated for Fairness Hearing, NEF regenerated) (cge).
September 5, 2012 Opinion or Order Filing 253 Joint MOTION to Continue Deadlines Under Settlement Agreement and Order Preliminarily Approving Class Settlement by Regent Group, Inc. (Attachments: #1 Declaration of Senthil Lakshmanan)(Zolna, Jacie) (cge).
June 26, 2012 Opinion or Order Filing 252 ORDER granting #248 Preliminary Approval of Class Action Settlement and Provisional Class Certification. Motion Hearing set for 7/13/12 is vacated. Fairness Hearing set for 12/21/2012 01:30 PM before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 6/26/12. (cge)(jrl).
June 22, 2012 Opinion or Order Filing 251 ORDER denying as moot #227 , #228 Motions to Dismiss and #233 Motion to File Documents Under Seal. Signed by Judge Anthony J. Battaglia on 6/22/12. (cge) (jcj).
June 22, 2012 Opinion or Order Filing 250 NOTICE by Provide Commerce, Inc. of Transmission of CAFA Notice (Norton, Leo) (cge).
June 21, 2012 Opinion or Order Filing 249 ORDER by Judge Battaglia: Motion to Dismiss hearing scheduled for June 22, 2012 before Judge Battaglia is hereby vacated.(no document attached) (sc)
June 13, 2012 Opinion or Order Filing 248 MOTION (Unopposed) for (1) Preliminary Approval of Class Action Settlement, (2) Provisional Class Certification, (3) Distribution of Class Notice, and (4) Scheduling of Fairness Hearing by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jennie Lee Anderson, #3 Exhibit 1-5 to Declaration of Jennie Lee Anderson)(Anderson, Jennie) (cge).
June 11, 2012 Opinion or Order Filing 247 AMENDED SCHEDULING ORDER Regulating Pre-Class Certification Discovery. Telephonic Status Conference held on 6/11/12 at 8:00 AM. Signed by Magistrate Judge William V. Gallo on 6/11/12.(cge) (jcj).
June 11, 2012 Opinion or Order Filing 246 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 6/11/2012(mcb)
May 18, 2012 Opinion or Order Filing 245 MINUTE ORDER: A further Telephonic Status Conference set for 6/11/2012 08:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 5/18/2012.(yeb) (jcj).
May 18, 2012 Opinion or Order Filing 244 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 5/18/2012(mcb)
April 18, 2012 Opinion or Order Filing 243 NOTICE of Hearing on Motion #228 MOTION to Dismiss Fourth Amended Complaint As To Plaintiffs Jennifer Lawler, John Walters, Daniel Cox, And Christopher Dickey, #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint : Motion Hearing continued to 6/22/2012 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (sc)
April 16, 2012 Opinion or Order Filing 242 ORDER: Telephonic Status Conference set for 5/18/2012 at 08:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 04/16/12.(cge)
April 13, 2012 Opinion or Order Filing 241 Minute Entryfor proceedings held before Magistrate Judge William V. Gallo: Discovery Status Conference held on 4/13/2012.(mcb)
April 2, 2012 Opinion or Order Filing 240 NOTICE of Hearing on Motion #228 MOTION to Dismiss Fourth Amended Complaint As To Plaintiffs Jennifer Lawler, John Walters, Daniel Cox, And Christopher Dickey, #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint : Motion Hearings continued to 5/25/2012 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (sc)
March 27, 2012 Opinion or Order Filing 239 AMENDED SCHEDULING ORDER : The Court shall convene a telephonic Status Conference set for 4/13/2012 at 8:00 AM to discuss the status of settlement discussions. The Court will initiate the call. Plaintiffs' motion for class certification, if any, shall be filed by 6/22/2012. Signed by Magistrate Judge William V. Gallo on 3/27/2012.(All non-registered users served via U.S. Mail Service)(leh) (jcj).
March 27, 2012 Opinion or Order Filing 238 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 3/27/2012(ajf)
February 23, 2012 Opinion or Order Filing 237 REPLY to Response to Motion re #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint filed by Provide Commerce, Inc. (Attachments: #1 Declaration of Leo P. Norton, #2 Exhibit A through C to Declaration of Leo P. Norton, #3 Proof of Service)(Norton, Leo) (cge).
February 23, 2012 Opinion or Order Filing 236 REPLY to Response to Motion re #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint filed by Regent Group, Inc. (Attachments: #1 Exhibit A)(Cherry, Myron) (cge).
February 22, 2012 Opinion or Order Filing 235 NOTICE Regarding Exhibit Attachment by Gina Bailey re #233 MOTION to File Documents Under Seal Filed on behalf of Defendants Pursuant to Court Instruction (Attachments: #1 Affidavit Exhibit A - Blum Decl., #2 Affidavit Exhibit B - Natter Decl.)(Sbaiti, Mazin) (cge).
February 14, 2012 Opinion or Order Filing 234 CERTIFICATE OF SERVICE by Gina Bailey, Bradley Berentson, Daniel Cox, Christopher Dickey, Grant Jenkins, Jennifer Lawler, Josue Romero, Jonathan Walter re #233 MOTION to File Documents Under Seal (Sbaiti, Mazin) (cge).
February 13, 2012 Opinion or Order Filing 233 MOTION to File Documents Under Seal (With attachments)(Sbaiti, Mazin) (atty contacted re cert of service) (lmt).
February 13, 2012 Opinion or Order Filing 232 RESPONSE in Opposition re #228 MOTION to Dismiss Fourth Amended Complaint As To Plaintiffs Jennifer Lawler, John Walters, Daniel Cox, And Christopher Dickey, #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint REDACTED VERSION filed by Gina Bailey, Bradley Berentson, Grant Jenkins, Josue Romero, Jennifer Lawler, Daniel Cox, Jonathan Walter, Christopher Dickey. (Sbaiti, Mazin) (cge).
February 13, 2012 Opinion or Order Filing 231 ORDER granting #230 Joint Motion for Leave to File Excess Pages. Signed by Judge Anthony J. Battaglia on 2/13/12. (cge) (jrl).
February 9, 2012 Opinion or Order Filing 230 Joint MOTION for Leave to File Excess Pages by Gina Bailey, Bradley Berentson, ALISSA HERBST, Deanna Hunt, Grant Jenkins, Kimberly Kenyon, Albert Parker, Josue Romero, Bobbi Sledge. (Attachments: #1 Proof of Service)(Neilson, Kimberly) (cge).
January 25, 2012 Opinion or Order Filing 229 ORDER by Judge Battaglia, Set briefing schedule as to #228 MOTION to Dismiss Fourth Amended Complaint As To Plaintiffs Jennifer Lawler, John Walters, Daniel Cox, And Christopher Dickey, #227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint. Oppositions due by 2/13/2012, Replies due by 2/23/2012, no sur-replies will be filed. Motion Hearing set for 4/13/2012 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia.(sc)
January 24, 2012 Opinion or Order Filing 228 MOTION to Dismiss Fourth Amended Complaint As To Plaintiffs Jennifer Lawler, John Walters, Daniel Cox, And Christopher Dickey by Provide Commerce, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 through 7 to Request for Judicial Notice, #4 Declaration of Hannah Blum, #5 Proof of Service)(Norton, Leo) (cge).
January 24, 2012 Opinion or Order Filing 227 MOTION to Dismiss Certain Claims Asserted in the Fourth Amended Consolidated Class Action Complaint by Regent Group, Inc. (Attachments: #1 Memo of Points and Authorities , #2 Exhibit 1-3 to Memo of Points and Authorities, #3 Declaration of Rob Tucker , #4 Exhibit 1-4 to Declaration of Rob Tucker, #5 Defendant Regent Group, Inc.s Request for Judicial Notice , #6 Declaration of Jacie C. Zolna, #7 Exhibit 1-2 to Declaration of Jacie C. Zolna, #8 Exhibit 3-5 of Declaration of Jacie C. Zolna, #9 Proof of Service)(Cherry, Myron) Modified to remove duplicate text on 1/25/2012 (cge).
January 4, 2012 Opinion or Order Filing 226 ORDER granting #225 Joint Motion to Extend Time to Respond to the Fourth Amended Consolidated Complaint. Provide Commerce, Inc. answer due 1/24/2012; Regent Group, Inc. answer due 1/24/2012. Signed by Judge Anthony J. Battaglia on 01/04/12. (cge) (jrl).
January 3, 2012 Opinion or Order Filing 225 Joint MOTION for Extension of Time to File Answer re #221 Amended Complaint by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) (cge).
December 23, 2011 Opinion or Order Filing 224 AMENDED SCHEDULING ORDER: Court's 10/14/2011 Scheduling Order is amended. Parties may conduct general discovery as to the four new Plaintiffs and any new claims and allegations added by the Fourth Amended Complaint, but only insoafar as such new discovery relates to class certification. This limited additional discovery shall be completed by 4/20/2012. All discovery pertaining to expert witnesses shall be completed by 6/8/2012. Plaintiffs' motion for class certification shall be filed by 6/22/2012. Any oppositoin shall be filed no later than 30 calendar days from the filing date of the class certification motion. Any reply shall be filed no later than 21 calendar days from the filing of each opposition. Motions will not be heard or calendared unless counsel for the moving party has obtained a motion hearing date from the law clerk of the judge hearing the motion. Signed by Magistrate Judge William V. Gallo on 12/23/2011. (jah)
December 23, 2011 Opinion or Order Filing 223 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: The Status Conference set for December 27, 2011, at 8:00 a.m. is VACATED. Scheduling Order will issue based on briefing received.(ajf)
December 21, 2011 Opinion or Order Filing 222 Minute ORDER setting Status Conference for 12/27/2011 08:00 AM before Magistrate Judge William V. Gallo. Proposed schedules or briefs due 12/22/11. Signed by Magistrate Judge William V. Gallo on 12/21/11.(cge) (jcj).
December 14, 2011 Opinion or Order Filing 221 FOURTH AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Grant Jenkins, Bradley Berentson, Josue Romero, Gina Bailey. (Patterson, James) Modified text on 12/15/2011 (cge).
December 14, 2011 Opinion or Order Filing 220 ORDER granting #161 Joint Motion to Substitute Attorney. James Patterson of Patterson Law Group, APC substituted in place of Harrison, Patterson & O'Connor. Signed by Judge Anthony J. Battaglia on 12/14/11. (cge)
December 7, 2011 Opinion or Order Filing 219 ORDER granting voluntary dismissal of Plaintiff Parker 206 ; denying motions to dismiss as moot #173 , #177 ; and granting motion to amend consolidated complaint 206 . Plaintiffs shall file their amended complaint on or before December 14, 2011. The parties shall meet and confer regarding the additional discovery needed by Defendants only as to the Newly Added Plaintiffs and contact Judge Gallo's chambers on or before December 21, 2011. Signed by Judge Anthony J. Battaglia on 12/07/11. (cge) (jrl). (jrl).
November 14, 2011 Opinion or Order Filing 218 ORDER granting #214 Joint Motion to Continue. The Court extends the November 14, 2011 deadline to comply with its October 26, 2011 order. Defendant Regent Group, Inc. shall produce an initial production of information by November 21, 2011 and the remaining production of that information by December 2, 2011. Signed by Magistrate Judge William V. Gallo on 11/10/11. (cge) (jrl).
November 10, 2011 Opinion or Order Filing 215 ORDER by Judge Battaglia: Granting #190 Motion for Extension of Time to File Response/Reply. The Court notes that the parties have already filed their replies and oppositions to the Motions to Dismiss (Doc. Nos. 173 and 177. (sc)
November 10, 2011 Opinion or Order Filing 214 Joint MOTION to Continue to Extend Deadline to Comply With October 26, 2011 Order by Regent Group, Inc. (Zolna, Jacie)(cge).
October 28, 2011 Opinion or Order Filing 213 REPLY to Response to Motion re #196 MOTION to File Documents Under Seal Plaintiffs Omnibus Filings filed by Gina Bailey, Josue Romero. (Attachments: #1 Declaration Sbaiti with Exhibits)(Sbaiti, Mazin) (cge).
October 28, 2011 Opinion or Order Filing 212 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion to Strike from Defendant Provide Commerce, Inc.. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties.(cge) (jrl).
October 25, 2011 Opinion or Order Filing 211 ORDER granting in part Plaintiffs' Motion to Compel and Amend Scheduling Order re 183 SEALED MOTION filed by ALISSA HERBST, Kimberly Kenyon, Josue Romero, Deanna Hunt, Bobbi Sledge, Gina Bailey. Signed by Magistrate Judge William V. Gallo on 10/25/11.(cge) (jrl).
October 21, 2011 Opinion or Order Filing 217 RESPONSE in Opposition re #173 MOTION to Dismiss the Claims Asserted by Plaintiff Albert Parker in the Third Amended Consolidated Class Action Complaint filed by Provide Commerce, Inc. (cge)
October 21, 2011 Opinion or Order Filing 210 DOCUMENT STRICKEN PER #212 - MOTION to Strike #197 Sealed Lodged Proposed Document, Exhibits 2-12 to Declaration of Mazin A. Sbaiti in Support of Plaintiffs' October 6, 2011 Omnibus Filings and Portions of Plaintiffs' Omnibus Filing by Provide Commerce, Inc. (Attachments: # 1 Proof of Service)(Norton, Leo) (Modified on 10/24/2011 - Okay per chambers. (mdc) Main Document 210 replaced on 10/28/2011 per docket #212 . Modified text to indicate document stricken on 10/28/2011) (cge)
October 21, 2011 Opinion or Order Filing 209 REPLY to Response to Motion re #177 MOTION to Dismiss The Third Amended Complaint As To Plaintiff Albert Parker, #196 MOTION to File Documents Under Seal and Opposition to Plaintiffs' Motions for Leave to Amend and to Voluntarily Dismiss Plaintiff Parker filed by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) (mtb).
October 20, 2011 Opinion or Order Filing 216 RESPONSE in Opposition re #177 MOTION to Dismiss The Third Amended Complaint As To Plaintiff Albert Parker filed by Regent Group, Inc. (cge)
October 20, 2011 Opinion or Order Filing 208 REPLY to Response to Motion re #173 MOTION to Dismiss the Claims Asserted by Plaintiff Albert Parker in the Third Amended Consolidated Class Action Complaint, #196 MOTION to File Documents Under Seal and Response in Opposition to Plaintiffs Motions to Intervene, Voluntarily Dismiss Plaintiff Albert Parker and to Amend the Consolidated Complaint filed by Regent Group, Inc. (Attachments: #1 Exhibit A-D, #2 Exhibit E-G)(Cherry, Myron) (aef). Modified on 10/21/2011- QC email sent to atty re document not on time; Doc. 190 Motion requests extension of time but it has not been ruled on yet (aef).
October 18, 2011 Opinion or Order Filing 207 ORDER granting #204 Joint Motion to Extend Deadline to Comply with Order Compelling Deposition of Albert Parker. Signed by Magistrate Judge William V. Gallo on 10/18/11. (cge) (jrl).
October 17, 2011 Opinion or Order Filing 205 ORDER granting #196 Motion to File Documents Under Seal. Signed by Judge Anthony J. Battaglia on 10/17/2011. (All non-registered users served via U.S. Mail Service)(leh)
October 17, 2011 Opinion or Order Filing 204 Joint MOTION to Continue Deadline to Comply with Order Compelling Deposition of Albert Parker by Josue Romero. (Patterson, James) (cge).
October 14, 2011 Opinion or Order Filing 203 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration of Hannah Blum from Defendant Provide Commerce, Inc. Non-compliance with local rule(s), OTHER: Supplemental document requires leave of court prior to filing. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. (cge) (jrl).
October 14, 2011 Opinion or Order Filing 202 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration of Barry Natter from Defendant Regent Group, Inc.. Non-compliance with local rule(s), OTHER: Supplemental document requires leave of court prior to filing. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. (cge) (jrl).
October 14, 2011 Opinion or Order Filing 201 AMENDED SCHEDULING ORDER Regulating Pre-Class Certification Discovery: Plaintiffs' motion for class certification, if any, shall be filed on or before February 15, 2012. Any opposition shall be filed no later than 30 calendar days from the filing date of the class certification motion. Any reply shall be filed no later than 21 calendar days from the filing date of each opposition. Signed by Magistrate Judge William V. Gallo on 10/14/11.(cge) (jrl).
October 13, 2011 Opinion or Order Filing 200 DECLARATION of Hannah Blum in Support of Plaintiffs' Application to File Documents Under Seal Pursuant to Protective Order re #196 MOTION to File Documents Under Seal by Defendant Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) Supplemental documents filed w/out leave of court, discrepancy prepared (cge).
October 13, 2011 Opinion or Order Filing 199 DECLARATION of Barry Natter in Support of Plaintiffs Application to File Documents Under Seal Pursuant to Stipulated Protective Order re #196 MOTION to File Documents Under Seal, #197 Sealed Lodged Proposed Document by Defendant Regent Group, Inc. (Attachments: #1 Proof of Service)(Zolna, Jacie) Supplemental documents filed w/out leave of court, discrepancy prepared. Modified on 10/14/2011 (cge).
October 7, 2011 Opinion or Order Filing 198 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Settlement Conference (with Plaintiffs only) held on 10/7/2011(ajf)
October 6, 2011 Opinion or Order Filing 197 [FILED AS SEALED DOCUMENT ON 10/17/2011] - SEALED LODGED Proposed Document re: #196 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Neilson, Kimberly)(leh). Modified on 10/18/2011 to add file date of lodgment (leh).
October 6, 2011 Opinion or Order Filing 196 MOTION to File Documents Under Seal (With attachments)(Neilson, Kimberly) (leh).
October 6, 2011 Opinion or Order Filing 194 ORDER granting #191 Motion to File Documents Under Seal. Signed by Magistrate Judge William V. Gallo on 10/6/11. (lmt) (jcj).
October 6, 2011 Opinion or Order Filing 193 SUR-REPLY - re #179 MOTION to File Documents Under Seal and in Opposition to Plaintiffs Motion to Extend the Schedule Deadlines Under Rule 16 and to Compel Discovery filed by Regent Group, Inc.(Cherry, Myron) No provision for acceptance (cge).
October 5, 2011 Opinion or Order Filing 192 [Filed as Sealed Document on 10/6/11] - SEALED LODGED Proposed Document re: #191 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Patterson, James)(lmt). (Main Document 192 replaced on 10/6/2011) (lmt). (Attachment 1 replaced on 10/6/2011) (lmt). (Attachment 2 replaced on 10/6/2011) (lmt). (Attachment 3 replaced on 10/6/2011) (lmt). Modified on 10/6/2011 (lmt).
October 5, 2011 Opinion or Order Filing 191 MOTION to File Documents Under Seal (With attachments)(Patterson, James) (lmt).
October 5, 2011 Opinion or Order Filing 190 Joint MOTION for Extension of Time to File Response/Reply as to 184 Terminate Motion and R&R Deadlines/Hearings, Order, Set Motion and R&R Deadlines/Hearings, by Gina Bailey, Encore Marketing International, Inc., Provide Commerce, Inc., Regent Group, Inc., Josue Romero. (Sbaiti, Mazin) QC mailer sent re proposed order (cge).
September 28, 2011 Opinion or Order Filing 189 RESPONSE in Opposition re #179 MOTION to File Documents Under Seal and Motion to Extend the Schedule Deadlines Under Rule 16 and to Compel Discovery filed by Provide Commerce, Inc. (Attachments: #1 Declaration of Leo P. Norton, #2 Exhibit A to Declaration of Leo P. Norton, #3 Proof of Service)(Norton, Leo) (cge).
September 28, 2011 Opinion or Order Filing 188 RESPONSE in Opposition re #179 MOTION to File Documents Under Seal and Motion to Extend the Schedule Deadlines Under Rule 16 and to Compel Discovery filed by Regent Group, Inc. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-I)(Cherry, Myron) (cge).
September 26, 2011 Opinion or Order Filing 187 ORDER Compelling Deposition of Albert Parker. Deposition shall be completed no later than 10/19/11. Signed by Magistrate Judge William V. Gallo on 09/26/11.(cge) (jrl).
September 22, 2011 Opinion or Order Filing 186 SUPPLEMENTAL BRIEFING by Plaintiffs Gina Bailey, Josue Romero re #180 Sealed Lodged Proposed Document,, to Plaintiffs' Motion to Extend the Schedule Deadlines Under Rule 16 and to Compel Discovery Filed on September 14, 2011 (Docket No. 180). (Sbaiti, Mazin)(kaj).
September 21, 2011 Opinion or Order Filing 185 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 9/21/2011. All parties are temporarily relieved from compliance with expert report deadline currently set for September 23, 2011.(ajf)
September 19, 2011 Opinion or Order Filing 184 ORDER BY JUDGE BATTAGLIA, Set/Reset Deadlines as to #173 and #177 MOTIONS to Dismiss the Claims Asserted by Plaintiff Albert Parker in the Third Amended Complaint. Oppositions/Motion to Amend due by 10/5/2011 and may exceed 25 page limit, Replies/Oppositions due by 10/19/2011 and may exceed 25 page limit, Replies due by October 26, 2011; no sur-replies shall be filed. Motions will be heard on 12/9/2011 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia.(sc)
September 16, 2011 Opinion or Order Filing 182 ORDER granting #179 Motion to File Documents Under Seal. Signed by Magistrate Judge William V. Gallo on 9/16/11. (lmt)
September 15, 2011 Opinion or Order Filing 181 MINUTE ORDER. Settlement Conference set for 10/7/2011 from 02:00 PM - 04:30 PM before Magistrate Judge William V. Gallo. Plaintiff Bradley Barentson granted leave to appear by telephone. Defendants and their counsel are excused from this conference. Signed by Magistrate Judge William V. Gallo on 09/15/11.(cge) (jrl).
September 14, 2011 Opinion or Order Filing 180 [Filed as Sealed Document on 9/16/11] - SEALED LODGED Proposed Document re: #179 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Sbaiti, Mazin) (lmt). Modified on 9/16/2011 (lmt). (Main Document 180 replaced on 9/16/2011) (lmt). (Attachment 1 replaced on 9/16/2011) (lmt). (Attachment 2 replaced on 9/16/2011) (lmt). (Attachment 3 replaced on 9/16/2011) (lmt). (Attachment 4 replaced on 9/16/2011) (lmt). (Attachment 5 replaced on 9/16/2011) (lmt). (Attachment 6 replaced on 9/16/2011) (lmt).
September 14, 2011 Opinion or Order Filing 179 MOTION to File Documents Under Seal (With attachments)(Sbaiti, Mazin) (cge). (lmt).
September 2, 2011 Opinion or Order Filing 178 MINUTE ORDER vacating settlement conference set for 09/07/11 at 02:00 PM before Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 09/02/11.(cge) (jrl).
September 1, 2011 Opinion or Order Filing 177 MOTION to Dismiss The Third Amended Complaint As To Plaintiff Albert Parker by Provide Commerce, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1 to Request for Judicial Notice, #4 Proof of Service)(Norton, Leo) (cge).
September 1, 2011 Opinion or Order Filing 176 ANSWER to #164 Amended Complaint and Affirmative Defenses w/Certificate of Service by Encore Marketing International, Inc., Regent Group, Inc.(Cherry, Myron) (cge).
September 1, 2011 Opinion or Order Filing 175 ORDER granting in part and denying in part #159 Ex Parte Motion for Reconsideration. Signed by Magistrate Judge William V. Gallo on 09/01/11. (cge) (jrl).
August 31, 2011 Opinion or Order Filing 174 ORDER BY JUDGE BATTAGLIA, Set Deadlines as to #173 MOTION to Dismiss the Claims Asserted by Plaintiff Albert Parker in the Third Amended Consolidated Class Action Complaint. Oppositions due by 9/21/2011, Replies due by 9/30/2011, no sur-replies shall be filed without leave of Court. Motion hearing set for 12/9/2011 at 1:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. (sc)
August 31, 2011 Opinion or Order Filing 173 MOTION to Dismiss the Claims Asserted by Plaintiff Albert Parker in the Third Amended Consolidated Class Action Complaint by Regent Group, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1 to Memo of Points and Authorities, #3 Declaration of Stacy Bransfield, #4 Exhibit 1 to Declaration of Stacy Bransfield, #5 Request for Judicial Notice, #6 Declaration of Jacie C. Zolna in Support of Request for Judicial Notice, #7 Exhibit 1-4 to Declaration of Jacie C. Zolna, #8 Proof of Service)(Cherry, Myron) 1 (cge).
August 25, 2011 Opinion or Order Filing 172 MINUTE ORDER: In-person Settlement Conference set for 9/7/2011 02:00 PM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 08/25/11.(cge) (jrl).
August 24, 2011 Opinion or Order Filing 171 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Discovery Conference held on 8/24/2011(ajf)
August 17, 2011 Opinion or Order Filing 170 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference (w/Provide Commerce & Underwriters only) held on 8/17/2011(ajf)
August 15, 2011 Opinion or Order Filing 169 ORDER Rescheduling Status Conference. Telephonic Status Conference set for 8/17/11 at 10:30 AM is rescheduled to 8/17/2011 11:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 08/15/11.(cge) (jrl).
August 12, 2011 Opinion or Order Filing 168 ORDER Setting Telephonic Status Conference. Telephonic Status Conference set for 8/17/2011 10:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 08/12/11.(cge) (jrl).
August 5, 2011 Opinion or Order Filing 167 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference (w/ Defendants and their insurance carriers) held on 8/5/2011(ajf)
August 4, 2011 Opinion or Order Filing 166 RESPONSE to Motion re #159 Ex Parte MOTION for Reconsideration re #144 Order Resolving Discovery Disputes filed by Encore Marketing International, Inc., Regent Group, Inc. (Cherry, Myron) (cge).
August 3, 2011 Opinion or Order Filing 165 ORDER denying Defendant Provide Commerce, Inc.'s #124 Motion to Temporarily Stay Action. Signed by Judge Anthony J. Battaglia on 08/03/11. (cge)(jrl).
July 28, 2011 Opinion or Order Filing 164 THIRD AMENDED Consolidated Class Action Complaint with Jury Demand against All Defendants, filed by Josue Romero, Gina Bailey. (Sbaiti, Mazin) Modified text to indicate 'Third Amended,' removed duplicative text on 7/29/2011 (cge).
July 27, 2011 Opinion or Order Filing 163 ORDER granting #153 Application to File Documents Under Seal. Signed by Judge Anthony J. Battaglia on 07/27/11. (cge) (jrl).
July 27, 2011 Opinion or Order Filing 162 ORDER granting #146 Joint Motion for Leave to File Third Amended Complaint. Plaintiffs shall file the proposed Third Amended Consolidated Class Action Complaint attached to the joint motion within five (5) days of this Order. Defendants shall file their response within 35 days of the filing of the First Amended Consolidated Class Action Complaint. Defendants are further relieved of answering the Second Amended Consolidated Class Action Complaint. Signed by Judge Anthony J. Battaglia on 07/27/11. (cge) (jrl).
July 26, 2011 Opinion or Order Filing 161 NOTICE by Josue Romero of Substitution of Counsel (Patterson, James) (cge).
July 21, 2011 Opinion or Order Filing 160 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Telephonic Discovery Conference held on 7/21/2011. Provide Commerce may have until August 1, 2011, to comply with the Court's June 30, 2011, Order. EMI/Regent Group may have until July 26, 2011, to do the same. Any response to Plaintiffs' ex parte motion for reconsideration/clarification of portions of the June 30, 2011, Order is due no later than August 4, 2011.(ajf)
July 20, 2011 Opinion or Order Filing 159 Ex Parte MOTION for Reconsideration re #144 Order Resolving Discovery Disputes by Gina Bailey, Josue Romero. (Sbaiti, Mazin) (cge).
July 19, 2011 Opinion or Order Filing 158 ORDER Following Status Conference. Follow-up Telephonic Status Conference set for 8/5/2011 07:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 07/19/11.(cge) (jrl).
July 18, 2011 Opinion or Order Filing 157 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference (with Defendants and their insurance carriers) held on 7/18/2011(ajf)
July 14, 2011 Opinion or Order Filing 156 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration in Support of #153 Application to Seal from Defendant Provide Commerce, Inc. Non-compliance with local rule(s), OTHER: Supplemental documents require court order. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. (cge)(jrl).
July 12, 2011 Opinion or Order Filing 155 Declaration of Jonathan Sills in Support re #153 Application to File Documents Under Seal filed by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) Incorrect event, modified text to correct event, supplemental document without court order, discrepancy order prepared (cge).
July 12, 2011 Opinion or Order Filing 154 REPLY to Response to Motion re #124 MOTION to Stay Action Temporarily filed by Provide Commerce, Inc. (Attachments: #1 Declaration of Leo P. Norton, #2 Exhibit A to Norton Declaration, #3 Exhibit B (Part I of II) to Norton Declaration, #4 Exhibit B (Part II of II) to Norton Declaration, #5 Proof of Service)(Norton, Leo) (cge)
July 5, 2011 Opinion or Order Filing 153 Application to File Documents Under Seal by Gina Bailey, Josue Romero. (Attachments: #1 Declaration of Jennie Lee Anderson)(Anderson, Jennie) (cge).
July 5, 2011 Opinion or Order Filing 152 AFFIDAVIT in Opposition re #124 MOTION to Stay Action Temporarily filed by Gina Bailey, Josue Romero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Anderson, Jennie) (cge)
July 5, 2011 Opinion or Order Filing 151 RESPONSE in Opposition re #124 MOTION to Stay Action Temporarily Conditionally Under Seal filed by Gina Bailey, Josue Romero. (Anderson, Jennie) (cge).
July 5, 2011 Opinion or Order Filing 150 Minute Order: The Court vacates the portion of its June 22, 2011, Order regarding Defendants' obligation to produce documents. (See Doc. No. 131 at 1:23-26.) The teleconference scheduled in paragraph 4 remains on calendar. Signed by Judge William V.Gallo on 07/05/11. (cge)
June 30, 2011 Opinion or Order Filing 149 NOTICE Regarding Exhibit Attachment by Gina Bailey, Josue Romero re #146 Joint MOTION for Leave to File Third Amended Consolidated Class Action Complaint (Attachments: #1 Exhibit Proposed Third Amended Consolidated Class Action Complaint)(Sbaiti, Mazin (cge).
June 30, 2011 Opinion or Order Filing 148 NOTICE OF WITHDRAWAL OF DOCUMENT by Gina Bailey, Josue Romero of Third Amended Consolidated Class Action Complaint (Document 147). (Sbaiti, Mazin) (cge).
June 30, 2011 Opinion or Order Filing 147 DOCUMENT WITHDRAWN PER DOCKET ENTRY #148 - AMENDED COMPLAINT with Jury Demand Third Amended Consolidated Class Action Complaint against Encore Marketing International, Inc., Provide Commerce, Inc., Regent Group, Inc., filed by Josue Romero, Gina Bailey. (Sbaiti, Mazin) (cge).
June 30, 2011 Opinion or Order Filing 146 Joint MOTION for Leave to File Third Amended Consolidated Class Action Complaint by Gina Bailey, Josue Romero. (Sbaiti, Mazin) (cge).
June 30, 2011 Opinion or Order Filing 145 CERTIFICATE OF SERVICE by ALISSA HERBST re #142 Notice of Withdrawal , #141 Notice of Withdrawal (Sammons, Diane) (cge).
June 30, 2011 Opinion or Order Filing 144 ORDER on Discovery Disputes. The parties shall proceed as instructed in Appendices A through D to this Order and shall comply no later than 07/22/11. Signed by Magistrate Judge William V. Gallo on 06/30/11.(cge) (jrl).
June 29, 2011 Opinion or Order Filing 143 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Stipulation of Voluntary Dismissal of Plaintiff Kimberly Kenyon from Plaintiff Kimberly Kenyon. Non-compliance with local rule(s), OTHER: Any stipulation must be filed as a joint motion (Local Rule 7.2). IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. (All non-registered users served via U.S. Mail Service)(cge) (cap). Modified text to remove signature information on 7/7/2011 (cge).
June 29, 2011 Opinion or Order Filing 142 NOTICE of Withdrawal of Attorney Elliott Louis Pell, Esq. by ALISSA HERBST (Sammons, Diane) No proof of service, QC mailer sent to atty (cge).
June 29, 2011 Opinion or Order Filing 141 NOTICE of Withdrawal of Attorney Randee M. Mattloff, Esq. by ALISSA HERBST (Sammons, Diane) No proof of service (cge).
June 28, 2011 Opinion or Order Filing 140 ANSWER to #110 Amended Complaint by Regent Group, Inc. (Zolna, Jacie) Modified entry to remove duplicate text on 6/29/2011 (cge).
June 24, 2011 Opinion or Order Filing 139 AMENDED SCHEDULING ORDER re #123 Ex Parte Motion for Order Continuing Scheduling Order Deadlines. Signed by Magistrate Judge William V. Gallo on 06/24/11. (All non-registered users served via U.S. Mail Service)(cge) (jrl).
June 24, 2011 Opinion or Order Filing 138 REPLY to Response to Motion re #123 Ex Parte MOTION Order Continuing Scheduling Order Deadlines re #120 Scheduling Order filed by Regent Group, Inc.(Attachments: #1 Declaration of Jacie C. Zolna)(Cherry, Myron) Modified entry to remove duplicate text on 6/27/2011 (cge).
June 23, 2011 Opinion or Order Filing 137 REPLY to Response to Ex Parte Motion re #123 Ex Parte MOTION Order Continuing Scheduling Order Deadlines re #120 Scheduling Order, and opposition to Encore Marketiing Joinder of same filed by Gina Bailey, Josue Romero. (Attachments: #1 Declaration Sbaiti)(Sbaiti, Mazin) No proof of service, QC mailer sent. (cge).
June 22, 2011 Opinion or Order Filing 136 RESPONSE in Opposition re #122 Ex Parte MOTION to Expedite Decision on Plaintiffs' Discovery Disputes Raised With the Court on June 7, 2011 and Memorandum in Support Thereof filed by Regent Group, Inc.(Cherry, Myron)(cge).
June 22, 2011 Opinion or Order Filing 135 NOTICE of Joinder by Regent Group, Inc. re #123 Ex Parte MOTION Order Continuing Scheduling Order Deadlines re #120 Second Amended Scheduling Order (Cherry, Myron) Modified on 6/23/2011 (cge).
June 22, 2011 Opinion or Order Filing 134 NOTICE of Joinder by Regent Group, Inc. re #124 MOTION to Stay Action Temporarily (Cherry, Myron) (cge).
June 22, 2011 Opinion or Order Filing 133 ANSWER to #110 Amended Complaint by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) (cge).
June 22, 2011 Opinion or Order Filing 132 RESPONSE in Opposition re #122 Ex Parte MOTION to Expedite Decision on Plaintiffs' Discovery Disputes Raised With the Court on June 7, 2011 and Memorandum in Support Thereof filed by Provide Commerce, Inc. (Attachments: #1 Declaration of Leo P.Norton, #2 Proof of Service)(Norton, Leo) Modified text on 6/23/2011 (cge).
June 22, 2011 Opinion or Order Filing 131 ORDER Following Settlement Conference. On July 18, 2011, at 9:00 a.m. Counsel for Defendants and the participating insurance carriers shall participate in a status teleconference with the Court to report on their progress towards resolving coverage and settlement issues. Signed by Magistrate Judge William V. Gallo on 6/22/2011.(All non-registered users served via U.S. Mail Service)(jer) (jcj).
June 22, 2011 Opinion or Order Filing 130 DOCUMENT STRICKEN PER DOCKET ENTRY 143 - Stipulation of Voluntary Dismissal of Plaintiff Kimberly Kenyon Without Prejudice Under Rule 41(a)(1)(A)(ii)(Sbaiti, Mazin) Document not filed as a joint motion, discrepancy order prepared. (cge). (Main Document 130 replaced on 6/29/2011) (cge). Modified text to indicate document stricken on 6/29/2011 (cge).
June 22, 2011 Opinion or Order Filing 129 MINUTE ORDER re Order to Show Cause. In light of Plaintiff Kenyon's apparent desire to be removed as a named class representative in response to the Court's May 23, 2011, Order to Show Cause (Doc. No. 108), the associated OSC hearing currently on calendar for June 27, 2011, at 2:00 p.m. is vacated. The Court shall take no further action on its Order to Show Cause unless Ms. Kenyon remains a named plaintiff. Signed by Magistrate Judge William V. Gallo on 6/22/11.(All non-registered users served via U.S. Mail Service)(jer) (jcj).
June 21, 2011 Opinion or Order Filing 128 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Application to Withdraw Plaintiff Kimberly Kenyon as a Named Class Representative from Plaintiff Kimberly Kenyon. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Anthony J. Battaglia on 06/21/11.(All non-registered users served via U.S. Mail Service)(cge) (mam).
June 20, 2011 Opinion or Order Filing 127 ORDER Setting Briefing Schedule re #124 Motion to Stay. Responses due by 7/5/2011, Replies due by 7/12/2011. Motion Hearing set for 8/12/2011 01:30 PM in Courtroom 12 before Judge Anthony J. Battaglia. Signed by Judge Anthony J. Battaglia on 06/20/11.(All non-registered users served via U.S. Mail Service)(cge) (mam).
June 20, 2011 Opinion or Order Filing 126 DOCUMENT STRICKEN PER DOCKET ENTRY 128 - Application to Withdraw Plaintiff Kimberly Kenyon as a Named Class Representative in Response to Order to Show Cause (Doc #108) by Kimberly Kenyon. (Sbaiti, Mazin) Modified text to indicated document stricken on 6/21/2011 (cge). (Main Document 126 replaced on 6/21/2011) (cge).
June 20, 2011 Opinion or Order Filing 125 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Settlement Conference (with Defendants and their insurance carriers only) held on 6/20/2011(ajf)
June 20, 2011 Opinion or Order Filing 124 MOTION to Stay Action Temporarily by Provide Commerce, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Leo P. Norton , #3 Declaration of Jonathan Sills #4 Proof of Service)(Norton, Leo) (cge).
June 20, 2011 Opinion or Order Filing 123 Ex Parte MOTION Order Continuing Scheduling Order Deadlines re #120 Scheduling Order by Provide Commerce, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Leo P. Norton, #3 Exhibit A to Norton Declaration, #4 Exhibit B (Part I) to Norton Declaration, #5 Exhibit B (Part II) to Norton Declaration, #6 Exhibit B (Part III) to Norton Declaration, #7 Exhibits C-F to Norton Declaration, #8 Proof of Service )(Norton, Leo) (cge).
June 17, 2011 Opinion or Order Filing 122 Ex Parte MOTION to Expedite Decision on Plaintiffs' Discovery Disputes Raised With the Court on June 7, 2011 and Memorandum in Support Thereof by Gina Bailey, Kimberly Kenyon, Josue Romero. (Sbaiti, Mazin) (cge).
June 17, 2011 Opinion or Order Filing 121 CONSOLIDATION ORDER, Cases associated,11cv0349 AJB (WVG). Signed by Judge Anthony J. Battaglia on 06/16/11. All future docketing will be done in the lead case.(All non-registered users served via U.S. Mail Service)(cge) Modified text on 6/17/2011 (cge). (av1).
June 13, 2011 Opinion or Order Filing 120 SECOND AMENDED SCHEDULING ORDER Regulating Pre-Class Certification Discovery. The Court's April 11, 2011 scheduling order (Doc No. 102) is amended only to include the related case 11cv0349 AJB (WVG). Signed by Magistrate Judge William V. Gallo on 06/13/11.(cge) (cap).
June 9, 2011 Opinion or Order Filing 119 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Joint Motion to Consolidate Cases from Plaintiffs Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero, Bobbi Sledge. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, OTHER: Document inappropriately submitted as a Joint Motion. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge Anthony J. Battaglia on 06/09/11.(cge) (mam).
June 9, 2011 Opinion or Order Motions and Judge Association terminated: #114 Joint MOTION to Consolidate Cases Pursuant to the Court's November 13, 2009 Order filed by Kimberly Kenyon, Josue Romero, Deanna Hunt, Bobbi Sledge, Gina Bailey. (cge)(mam).
June 7, 2011 Opinion or Order Filing 118 NOTICE by Gina Bailey, Kimberly Kenyon, Josue Romero of Discovery Disputes with Provide Commerce (Attachments: #1 Exhibit A)(Sbaiti, Mazin) (cge).
June 7, 2011 Opinion or Order Filing 117 NOTICE by Gina Bailey, Kimberly Kenyon, Josue Romero of Discovery Disputes with EMI (Attachments: #1 Exhibit A, #2 Exhibit B)(Sbaiti, Mazin) (cge).
June 7, 2011 Opinion or Order Filing 116 NOTICE by Provide Commerce, Inc. Letter Brief Regarding Discovery Disputes (Attachments: #1 Exhibit Exhibits A to C, #2 Proof of Service Certificate of Service)(Norton, Leo) (cge).
June 7, 2011 Opinion or Order Filing 115 STATUS REPORT on Open Issues with Written Discovery by Regent Group, Inc. (Attachments: #1 Exhibit A-E)(Cherry, Myron)(cge).
June 3, 2011 Opinion or Order Filing 114 DOCUMENT STRICKEN PER DOCKET ENTRY #119 - Joint MOTION to Consolidate Cases Pursuant to the Court's November 13, 2009 Order by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero, Bobbi Sledge. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Neilson, Kimberly) QC mailer sent re incorrect s/ with login (cge). (Main Document 114 replaced on 6/9/2011) (cge). Modified text to indicated document stricken, NEF regenerated on 6/9/2011 (cge).
May 31, 2011 Opinion or Order Filing 113 Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: #110 SECOND AMENDED COMPLAINT from Plaintiff Josue Romero. Non-compliance with local rule OTHER: Joint motion for leave to file document still pending (doc. no. 111). IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record(jer) (jrl).
May 26, 2011 Opinion or Order Filing 112 ORDER granting #111 Joint Motion for Leave to File Second Amended Consolidated Class Action Complaint. Signed by Judge Anthony J. Battaglia on 05/26/11. (cge)(mam).
May 25, 2011 Opinion or Order Filing 111 Joint MOTION for Leave to File Second Amended Consolidated Class Action Complaint by Josue Romero. (Attachments: #1 Exhibit)(Patterson, James) (cge).
May 25, 2011 Opinion or Order Filing 110 SECOND AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Josue Romero. (Patterson, James) Modified text on 5/26/2011, motion for leave to file document still pending #111 , QC mailer sent to atty (cge).
May 23, 2011 Opinion or Order Filing 109 ORDER Setting Settlement Conference. Mandatory Settlement Conference was held on 05/20/11. An additional limited Settlement Conference has been set for 6/20/2011 06:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 05/23/11.(cge) (av1).
May 23, 2011 Opinion or Order Filing 108 ORDER TO SHOW CAUSE: Telephonic Order to Show Cause Hearing set for 6/27/2011 02:00 PM before Magistrate Judge William V. Gallo. Order to Show Cause Response due by 6/20/2011. Signed by Magistrate Judge William V. Gallo on 05/23/11.(cge) (av1).
May 20, 2011 Opinion or Order Filing 107 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Mandatory Settlement Conference held on 5/20/2011(ajf)
May 16, 2011 Opinion or Order Filing 106 ORDER on Ex Parte Motion granting in part and denying in part #104 Motion to Excuse Parker and Kenyon from attending the Mandatory Settlement Conference on May 20, 2011. Mr. Parker shall participate telephonically at the MSC on 05/20/11. The remaining named Plaintiffs, including Ms. Kenyon, shall appear in person. Signed by Magistrate Judge William V. Gallo on 05/16/11. (cge) (cap).
May 13, 2011 Opinion or Order Filing 105 RESPONSE in Opposition re #104 Ex Parte MOTION To Excuse Parker and Kenyon from attending the Mandatory Settlement Conference on May 20, 2011 filed by Provide Commerce, Inc. (Attachments: #1 Exhibit A, #2 Proof of Service)(Norton, Leo) (cge).
May 11, 2011 Opinion or Order Filing 104 Ex Parte MOTION To Excuse Parker and Kenyon from attending the Mandatory Settlement Conference on May 20, 2011 by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero, Bobbi Sledge. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Alisa A, Martin, #3 Declaration of Plaintiff Albert Parker)(Martin, Alisa) (cge).
April 13, 2011 Opinion or Order Filing 103 ORDER granting #100 Joint Motion for Stipulated Protective Order. The Court grants the Joint Motion and hereby adopts the Stipulated Protective Order as the order of this court. Signed by Magistrate Judge William V. Gallo on 04/13/11. (cge) (av1).
April 11, 2011 Opinion or Order Filing 102 Amended Case Management Conference ORDER: It is hereby ordered that the Mandatory Settlement Conference shall be conducted on 5/20/2011 at 9:00 AM in the Chambers of Magistrate Judge William V. Gallo. Counsel shall submit confidential settlement statements directly to Chambers by 5/12/2011 and not filed with the Clerk of Court. Signed by Magistrate Judge William V. Gallo on 4/11/2011.(All non-registered users served via U.S. Mail Service)(leh)(jrd)
April 8, 2011 Opinion or Order Filing 101 ORDER. Upon review of the parties proposed protective order, the Court is considering striking the full sentence that appears on lines 22 through 25 on page 7. If the parties wish to defend this passage, they may submit a joint letter-brief. If the parties do not submit a response by April 12, 2011, the Court may strike the above passage. Signed by Magistrate Judge William V. Gallo on 04/08/11.(cge) (mam).
April 8, 2011 Opinion or Order Filing 100 Joint MOTION for Protective Order by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(cge).
March 14, 2011 Opinion or Order Filing 99 ORDER of TRANSFER: This matter is hereby transferred from the calendar of the Honorable Michael M. Anello to the calendar of United States District Judge Anthony J. Battaglia. The initials AJB shall replace MMA in all future pleadings. All pending motion hearing and pretrial conference dates on the calendar of Judge Anello are hereby Vacated. All hearings calendared before the assigned magistrate judge remain set. The new case number is 09CV2094-AJB(WVG). Signed by Judge Michael M. Anello on 3/14/2011.(All non-registered users served via U.S. Mail Service)(leh) (jcj).
March 11, 2011 Opinion or Order Filing 98 Regent Group, Inc.'s ANSWER to #93 First Amended Consolidated Complaint by Regent Group, Inc. (Attachments: #1 Proof of Service)(Zolna, Jacie) (leh).
March 11, 2011 Opinion or Order Filing 97 ANSWER to #93 First Amended Consolidated Complaint by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh)
February 23, 2011 Opinion or Order Filing 96 Amended Case Management SCHEDULING ORDER: It is hereby ordered that a Mandatory Settlement Conference is set for 5/13/2011 at 9:00 AM in the Chambers of Magistrate Judge William V. Gallo. Plaintiffs' motion for class certification, if any, shall be filed by 9/9/2011. Any opposition shall be filed by 10/7/2011. Any reply shall be filed by 10/28/2011. Signed by Magistrate Judge William V. Gallo on 2/23/2011.(leh) (jrl).
February 23, 2011 Opinion or Order Filing 95 Case Management Conference SCHEDULING ORDER: It is hereby ordered that the Court will hold a Mandatory Settlement Conference set for 5/13/2011 at 9:00 AM in the Chambers of Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 2/23/2011.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
February 14, 2011 Opinion or Order Filing 94 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Case Management Conference held on 2/14/2011(ajf)
February 10, 2011 Opinion or Order Filing 93 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Bobbi Sledge, Josue Romero, Deanna Hunt, Kimberly Kenyon, Gina Bailey. (Patterson, James)(jpp).
February 9, 2011 Opinion or Order Filing 92 ORDER Granting #91 Joint Motion to Allow Plaintiffs to File Amended Complaint. Plaintiffs shall file their First Amended Consolidated Class Action Complaint, attached as Exhibit 1 to the Joint Motion, on or before February 11, 2011. Defendants shall file their response to Plaintiff's First Amended Consolidated Class Action Complaint on or before March 11, 2011. Signed by Judge Michael M. Anello on 2/9/11. (jer) (jrl).
February 4, 2011 Opinion or Order Filing 91 Joint MOTION for Leave to File First Amended Consolidated Class Action Complaint by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero, Bobbi Sledge. (Attachments: #1 Exhibit "1")(Patterson, James)(leh).
December 16, 2010 Opinion or Order Filing 90 ORDER Following Early Neutral Evaluation: Settlement of this case could not be reached. Based thereon, the Court orders a telephonic Case Management Conference set for 2/14/2011 at 8:00 AM in the Chambers of Magistrate Judge William V. Gallo. Counsel shall, and the parties may, attend the conference. Plaintiffs' counsel shall coordinate the conference call and provide the Court and Defendants a conference dial-in number at least 7 days in advance of the teleconference. Signed by Magistrate Judge William V. Gallo on 12/16/2010.(leh) (jrl).
December 16, 2010 Opinion or Order Filing 89 Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 12/15/2010(ajf)
December 10, 2010 Opinion or Order Filing 88 ORDER Overruling and Denying #87 Plaintiffs' Objection and Ex Parte Motion: Plaintiffs' objection to the Magistrate's order instructing Ms. Hunt to appear at the ENE is OVERRULED, as such matters are within the sole discretion of the Magistrate Judge. Plaintiffs' ex parte request to substitute a new (unidentified) class representative in Ms. Hunt's place is DENIED without prejudice. If Plaintiffs desire to amend their complaint to remove Ms. Hunt and substitute a different class representative in her stead, they may move to do so in accordance with Fed. R. Civ. Proc. 15 and pursuant to Civil Local Rule 7.1.e.1. IT IS SO ORDERED by Judge Michael M. Anello on 12/10/2010. (dmr)
December 10, 2010 Opinion or Order Filing 87 Ex Parte MOTION Objection To December 7, 2010 Order Of Magistrate Judge Requiring Plaintiff Hunt To Personally Appear At The December 15, 2010 Ene, Or, In The Alternative, Ex Parte Request For Leave To Amend Complaint To Dismiss Plaintiff Hunt And Substitute In New Class Representative by Deanna Hunt. (Patterson, James) (lao).
December 7, 2010 Opinion or Order Filing 86 ORDER denying #83 Ex Parte Motion Relief from Court's November 29, 2010 Order Requiring Hunt's Personal Appearance at ENE. Ms. Hunt is again ordered to appear in person. Signed by Magistrate Judge William V. Gallo on 12/7/2010. (leh) (jrl).
December 7, 2010 Opinion or Order Filing 85 RESPONSE in Opposition re #83 Ex Parte MOTION Relief from Court's November 29, 2010 Order Requiring Hunt's Personal Appearance at ENE filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
December 3, 2010 Opinion or Order Filing 84 ORDER Setting Deadline to File Opposition to #83 Ex Parte MOTION Relief from Court's November 29, 2010 Order Requiring Hunt's Personal Appearance at ENE filed by Deanna Hunt. All oppositions are due by 12/7/2010 at noon at the latest. Signed by Magistrate Judge William V. Gallo on 12/3/2010.(leh)
December 3, 2010 Opinion or Order Filing 83 Ex Parte MOTION Relief from Court's November 29, 2010 Order Requiring Hunt's Personal Appearance at ENE by Deanna Hunt. (Attachments: #1 Declaration of Deanna Hunt)(Patterson, James) Modified on 12/6/2010, atty contacted re: missing pos, atty to file pos (leh).
November 29, 2010 Opinion or Order Filing 82 AMENDED ORDER on #77 Ex Parte MOTION excuse personal appearance at ENE on December 15, 2010 filed by Kimberly Kenyon, Deanna Hunt. Good cause having been shown by Ms. Kenyon only, the Court grants in part and denies in part Plaintiffs' request and Orders as follows: (1) Ms. Kenyon shall participate telephonically at the ENE on 12/15/2010 at 2:00 PM; (2) Ms. Kenyon shall be on the telephone for the entire duration of the ENE, or until the undersigned excuses her;(3) The remaining named Plaintiffs, including Ms. Hunt, shall appear in person; and (4) Plaintiffs' counsel shall contact the undersigned's chambers by 12/10/2010, and provide a telephone number at which Ms. Kenyon can be contacted. The Court will initiate the call. Signed by Magistrate Judge William V. Gallo on 11/29/2010.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
November 23, 2010 Opinion or Order Filing 81 ORDER granting in part and denying in part #77 Ex Parte Motion to excuse personal appearance at ENE on December 15, 2010. The Court orders as follows: (1) Ms. Kenyon shall participate telephonically at the ENE on 12/15/2010 at 9:00 AM.; (2) Ms. Kenyon shall be on the telephone for the entire duration of the ENE, or until the undersigned excuses her.; (3) The remaining named Plaintiffs, including Ms. Hunt, shall appear in person.; (4) Plaintiffs' counsel shall contact the undersigned's chambers on 12/10/2010 and provide a telephone number at which Ms. Kenyon can be contacted. The Court will initiate the call. Signed by Magistrate Judge William V. Gallo on 11/23/2010. (leh) (jrl).
November 23, 2010 Opinion or Order Filing 80 RESPONSE in Opposition re #67 Ex Parte MOTION for Order to Excuse Plaintiffs Deanna Hunt and Kimberly Kenyon From Personally Attending the Early Neutral Evaluation Conference on September 27, 2010 filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
November 23, 2010 Opinion or Order Filing 79 RESPONSE in Opposition re #77 Ex Parte MOTION excuse personal appearance at ENE on December 15, 2010 filed by Regent Group, Inc.. (Zolna, Jacie) (leh).
November 22, 2010 Opinion or Order Filing 78 ORDER Setting Deadline to File Opposition to Plaintiffs' Ex Parte Motion re #77 Ex Parte MOTION excuse personal appearance at ENE on December 15, 2010 filed by Kimberly Kenyon, Deanna Hunt. Given the impending Thanksgiving holiday and the proximity of the ENE itself, all oppositions to Plaintiffs' ex parte motion are due by 11/24/2010 at noon at the latest. Signed by Magistrate Judge William V. Gallo on 11/22/2010.(leh)
November 22, 2010 Opinion or Order Filing 77 Ex Parte MOTION excuse personal appearance at ENE on December 15, 2010 by Deanna Hunt, Kimberly Kenyon. (Martin, Alisa)(leh).
November 12, 2010 Opinion or Order Filing 76 ORDER re #73 Joint Hearing Statement : The Court denies Plaintiffs' request for an order compelling a pre-ENE Rule 26(f) conference. Signed by Magistrate Judge William V. Gallo on 11/12/2010.(leh) (jrl).
November 5, 2010 Opinion or Order Filing 75 CERTIFICATE OF SERVICE by Bobbi Sledge re #73 Joint Hearing Statement, #74 Declaration of Jennie Lee Anderson Re Joint Statement Re Pre-ENE Discovery Pursuant To Chamber Rules Re Joint Statements (Anderson, Jennie)(leh).
November 4, 2010 Opinion or Order Filing 74 DECLARATION re #73 Joint Hearing Statement by Plaintiff Gina Bailey. (Anderson, Jennie) Modified on 11/5/2010 atty contacted re: missing pos, atty to file pos (leh).
November 4, 2010 Opinion or Order Filing 73 JOINT HEARING STATEMENT by Gina Bailey. (Anderson, Jennie) Modified on 11/5/2010 atty contacted re: missing pos, atty to file pos (leh).
October 27, 2010 Opinion or Order Filing 72 MINUTE ORDER: The parties are ordered to submit to the Court a joint statement no later than 11/4/2010 and shall comply with provisions related thereto contained in the Local Rules and Chambers Rules. Signed by Magistrate Judge William V. Gallo on 10/26/2010.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
September 23, 2010 Opinion or Order Filing 71 NOTICE AND ORDER for Early Neutral Evaluation Conference: It is hereby ordered that an Early Neutral Evaluation of this case will be held on 12/15/2010 ay 2:00 PM in Courtroom F before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 9/23/2010.(All non-registered users served via U.S. Mail Service)(leh) (jrl).
September 22, 2010 Opinion or Order Filing 70 Minute Order: Magistrate Judge Barbara Lynn Major recuses from this case and request another magistrate judge be randomly drawn and assigned. Magistrate Judge William V. Gallo randomly assigned to this case. The new case number is 09CV2094-MMA (WVG).(smy)
September 21, 2010 Opinion or Order Filing 69 ORDER: (1) Vacating Early Neutral Evaluation Conference; and (2) Denying as Moot #67 Ex Parte Motion for Order to Excuse Plaintiffs Deanna Hunt and Kimberly Kenyon From Personally Attending the Early Neutral Evaluation Conference on September 27, 2010. Due to this Court's pending recusal, the Early Neutral Evaluation conference currently scheduled for 9/27/2010 at 9:30 a.m. in the chambers of the Honorable Barbara L. Major is hereby Vacated. All future conference or hearing dates will be rescheduled by the newly-assigned Magistrate Judge. Signed by Magistrate Judge Barbara Lynn Major on 9/21/2010. (All non-registered users served via U.S. Mail Service)(leh)(jrl).
September 20, 2010 Opinion or Order Filing 68 RESPONSE in Opposition re #67 Ex Parte MOTION for Order to Excuse Plaintiffs Deanna Hunt and Kimberly Kenyon From Personally Attending the Early Neutral Evaluation Conference on September 27, 2010 filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
September 16, 2010 Opinion or Order Filing 67 Ex Parte MOTION for Order to Excuse Plaintiffs Deanna Hunt and Kimberly Kenyon From Personally Attending the Early Neutral Evaluation Conference on September 27, 2010 by Deanna Hunt, Kimberly Kenyon. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Alisa A. Martin, #3 Proof of Service)(Martin, Alisa)(leh).
September 9, 2010 Opinion or Order Filing 66 ANSWER to #27 Consolidated Class Action Complaint, by Regent Group, Inc.(Attachments: #1 Proof of Service)(Zolna, Jacie)(leh).
September 3, 2010 Opinion or Order Filing 65 ORDER granting #64 Ex Parte Motion for Extension of Time to File Answer to Consolidated Class Action Complaint. Defendant, Regent Group, Inc., shall file its answer by 9/10/2010. Signed by Judge Michael M. Anello on 9/3/2010. (leh)(jrl).
September 2, 2010 Opinion or Order Filing 64 Ex Parte MOTION for Extension of Time to File Answer to Consolidated Class Action Complaint by Regent Group, Inc.. (Attachments: #1 Declaration of Jacie C. Zolna in Support of Ex Parte Application to Extend Time to Answer, #2 Exhibit Proposed Order)(Zolna, Jacie) Modified on 9/3/2010 atty contacted re: proposed orders should be emailed to Chambers, not e-filed in system (leh).
August 31, 2010 Opinion or Order Filing 63 NOTICE AND ORDER for Early Neutral Evaluation Conference: It is hereby ordered that an Early Neutral Evaluation of this case will be held on 9/27/2010 at 9:30 AM in the Chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 8/31/2010.(leh) (jrl).
August 30, 2010 Opinion or Order Filing 62 ANSWER to #27 Consolidated Class Action Complaint by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo) (leh).
August 13, 2010 Opinion or Order Filing 61 ORDER: Granting in Part and Denying in Part #34 Motion to Dismiss; Denying #38 Motion to Dismiss; Granting #48 Motion to Strike. For the reasons stated herein, the Court: denies Defendant Provide's request for Judicial Notice; Grants Plaintiffs' Motion to Strike EMI's Exhibits; Grants Plaintiffs' supplemental request for judicial notice; Denies Defendant EMI's Motion to Dismiss; and Grants in Part and Denies in Part Defendant Provide's Motion to Dismiss. Plaintiff's Twelfth Cause of Action and Thirteenth Cause of Action are dismissed with prejudice. Signed by Judge Michael M. Anello on 8/13/2010. (leh) (jrl).
June 14, 2010 Opinion or Order Filing 60 Response to #57 Notice of Recent Decision and Supplemental Request for Judicial Notice in Opposition to #38 Motion to Dismiss filed by Regent Group, Inc.. (Zolna, Jacie) Modified on 6/15/2010 to edit text(leh).
June 11, 2010 Opinion or Order Filing 59 REPLY to Response to Motion re #34 MOTION to Dismiss Consolidated Complaint filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
June 4, 2010 Opinion or Order Filing 58 NOTICE of MDL Filing: Order Denying Transfer (kaj)
June 2, 2010 Opinion or Order Filing 57 NOTICE of Recent Decision and Request for Judicial Notice re RESPONSE in Opposition re #38 MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof, #34 MOTION to Dismiss Consolidated Complaint Notice of Recent Decision and Supplemental Request for Judicial Notice filed by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero, Bobbi Sledge. (Attachments: #1 Declaration of James R. Patterson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Patterson, James) Modified on 6/3/2010 to edit text (mkz).
May 28, 2010 Opinion or Order Filing 56 PRO HAC VICE APPOINTED: Mazin A. Sbaiti appearing for Plaintiffs Josue Romero, Bobbi Sledge. (All non-registered users served via U.S. Mail Service)(mkz)
May 10, 2010 Opinion or Order Filing 55 Notice of Document Discrepancy and Order Thereon by Judge Michael M. Anello Accepting Document: #54 Response in Opposition to Motion Strike the Declaration of Lee Carson from Defendants Encore Marketing International, Inc., Regent Group, Inc.. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge Michael M. Anello on 5/10/2010.(leh)
May 7, 2010 Opinion or Order Filing 54 RESPONSE in Opposition re #48 MOTION to Strike The Declaration of Lee Carson, Attached As an Exhibit to Defendant Regent Group, Inc.'s Motion to Dismiss the Consolidated Class Action Complaint, and Plaintiffs' Memorandum in Support Thereof filed by Encore Marketing International, Inc., Regent Group, Inc.. (Attachments: #1 Exhibit 1)(Zolna, Jacie) Modified on 5/10/2010 atty contacted re: doc untimely, motion taken under submission already(leh).
May 4, 2010 Opinion or Order Filing 53 Minute Order Taking Matters Under Submission: Currently set for hearing before the Court on May 10, 2010 are: Defendant Provide Commerce, Inc.'s #34 Motion to Dismiss Consolidated Complaint; Defendant Regent Group, Inc.'s (d/b/a/ Encore Marketing International) #38 (Corrected) Motion to Dismiss the Consolidated Class Action Complaint; and Plaintiffs' #48 Motion to Strike the Declaration of Lee Carson, Attached As an Exhibit to Defendant Regent Group, Inc.'s Motion to Dismiss. The Court in its discretion takes these matters under submission on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the previously scheduled motion hearing shall be taken off calendar. So Ordered by Judge Anello on May 4, 2010. Signed by Judge Michael M. Anello on 5/04/2010.(dmr)
April 22, 2010 Opinion or Order Filing 52 NOTICE of MDL Filing: Reply in Support of Defendant Provide Commerce, Inc.'s Motion to Transfer for Coordinated or Consolidated Proceedings Under 28 U.S.C. 1407 (Attachments: #1 Proof of Service)(kaj)
April 14, 2010 Opinion or Order Filing 51 REPLY to Response to Motion re #34 MOTION to Dismiss Consolidated Complaint Reply In Support Of Defendant Provide Commerce, Inc.'s Motion To Dismiss Consolidated Complaint originally filed as RESPONSE in Support by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) (leh). Modified on 4/15/2010 to reflect Reply per Attny (lao).
April 14, 2010 Opinion or Order Filing 50 REPLY to Response to Motion re #38 MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof filed by Regent Group, Inc.. (Zolna, Jacie)(leh).
April 14, 2010 Opinion or Order Filing 49 REPLY to re #45 Objection to Provide Commerce, Inc.'s Request For Judicial Notice filed by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
April 13, 2010 Opinion or Order Filing 48 MOTION to Strike The Declaration of Lee Carson, Attached As an Exhibit to Defendant Regent Group, Inc.'s Motion to Dismiss the Consolidated Class Action Complaint, and Plaintiffs' Memorandum in Support Thereof by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero. (Steckler, Bruce)(leh).
April 7, 2010 Opinion or Order Filing 47 NOTICE of MDL Filing: Defendant Provide Commerce, Inc.'s Notice of Appearance (Attachments: #1 Corporate Disclosure Statement, #2 Proof of Service)(kaj)
March 26, 2010 Opinion or Order Filing 46 RESPONSE in Opposition re #38 MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof filed by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero. (Steckler, Bruce)(leh).
March 26, 2010 Opinion or Order Filing 45 OBJECTION by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero to Provide Commerce Inc.'s Request for Judicial Notice In Support of Motion to Dismiss Consolidated Complaint. (Anderson, Jennie)(leh).
March 26, 2010 Opinion or Order Filing 44 DECLARATION in Support of #43 Response in Opposition to #34 MOTION to Dismiss Consolidated Complaint filed by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Anderson, Jennie) Modified on 3/29/2010 to edit text(leh).
March 26, 2010 Opinion or Order Filing 43 RESPONSE in Opposition re #34 MOTION to Dismiss Consolidated Complaint filed by Gina Bailey, Deanna Hunt, Kimberly Kenyon, Josue Romero. (Anderson, Jennie)(leh).
March 19, 2010 Opinion or Order Filing 42 NOTICE of MDL Filing: Defendant Provide Commerce, Inc.'s Motion to Transfer for Coordinated or Consolidated Proceedings Under 28 U.S.C. 1407 (Attachments: #1 Memorandum, #2 Schedule of Actions, #3 Appendix of Exhibits (pt 1 of 2), #4 Appendix of Exhibits (pt 2 of 2), #5 Corporate Disclosure Statement, #6 Proof of Service)(kaj)
March 18, 2010 Opinion or Order Filing 41 NOTICE OF RELATED CASE(S) by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) Low Number Order Not Prepared - Case in Diff. District(leh).
March 4, 2010 Opinion or Order Filing 40 ORDER granting #39 Joint Motion to Continue Hearing on Defendants' Motions to Dismiss and Setting of Briefing Schedule. It is hereby ordered that the hearing on Defendants' Motions to Dismiss shall be continued to 5/10/2010. Plaintiffs shall have up to 3/26/2010 to file their responses in opposition. Defendants shall have up to 4/14/2010 to file their reply memoranda. Signed by Judge Michael M. Anello on 3/4/2010. (leh) (kaj).
March 3, 2010 Opinion or Order Filing 39 Joint MOTION to Continue Hearing on Defendants' Motions to Dismiss and Setting of Briefing Schedule by Encore Marketing International, Inc., Provide Commerce, Inc., Regent Group, Inc., Josue Romero, Deanna Hunt, Kimberly Kenyon, Gina Bailey. (Anderson, Jennie)(leh).
February 24, 2010 Opinion or Order Filing 38 MOTION to Dismiss (Corrected) the Consolidated Class Action Complaint and Memorandum in Support Thereof by Encore Marketing International, Inc., Regent Group, Inc.. (Attachments: #1 Declaration of Lee Carson in Support of Defendant Regent Group, Inc.'s Motion to Dismiss the Consolidated Class Action Complaint, #2 Exhibit 1 to Declaration of Lee Carson, #3 Proof of Service)(Zolna, Jacie)(leh).
February 23, 2010 Opinion or Order Filing 37 Corporate Disclosure Statement/ Notice of Party with Financial Interest by Encore Marketing International, Inc., Regent Group, Inc.. (Zolna, Jacie) Modified on 2/24/2010 to edit text(leh).
February 23, 2010 Opinion or Order Filing 36 CERTIFICATE of Service re #33 MOTION to Dismiss the Consolidated Class Action Complaint and Memorandum in Support Thereof by Encore Marketing International, Inc., Regent Group, Inc. (Zolna, Jacie)(leh).
February 22, 2010 Opinion or Order Filing 35 Notice of Party with Financial Interest and Corporate Disclosure Statement by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo) Modified on 2/23/2010 to edit text (leh).
February 22, 2010 Opinion or Order Filing 34 MOTION to Dismiss Consolidated Complaint by Provide Commerce, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Leo P. Norton In Support Of Motion To Dismiss, #4 Declaration of Joshua Rabinovitz In Support Of Motion To Dismiss, #5 Exhibit 1 through 9 To Declaration Of Joshua Rabinovitz, #6 Exhibit 10 To Declaration of Joshua Rabinovitz, #7 Exhibit 11 To Declaration Of Joshua Rabinovitz, #8 Proof of Service)(Norton, Leo)(leh).
February 22, 2010 Opinion or Order Filing 33 MOTION to Dismiss the Consolidated Class Action Complaint and Memorandum in Support Thereof by Encore Marketing International, Inc., Regent Group, Inc.. (Attachments: #1 Declaration Declaration of Lee Carson in Support of Defendant Regent Group, Inc.'s Motion to Dismiss the Consolidated Class Action Complaint, #2 Exhibit Exhibit 1 to Declaration of Lee Carson)(Zolna, Jacie) Modified on 2/23/2010 atty contacted re: missing hearing date, time; missing pos, atty to file pos(leh).
January 25, 2010 Opinion or Order Filing 32 Minute Entry for proceedings held before Judge Michael M. Anello: Telephonic Conference with counsel held on 1/25/2010. Court grants Defendants leave to file motions to dismiss. Hearing on motions set for 3/22/2010 at 2:30 PM. Briefing shall be in accordance with Civil Local Rule 7.1.e. Court grants Defendants and Plaintiffs extension of page limitations -- five (5) additional pages for Defendants' memoranda in support of motions and for Plaintiffs' memoranda in support of oppositions. Plaintiffs represented by attorneys with Andrus Anderson LLP; Baron & Budd PC; Harrison Patterson O'Connor & Kinkead LLP; Lindsay and Stonebarger; Cohelan Khoury & Singer. Defendants represented by attorneys with Cooley Godward Kronish LLP; Mryon M. Cheery & Associates, LLC; Kirby Noonan Lance and Hoge LLP. (amk)
January 25, 2010 Opinion or Order Filing 31 NOTICE of Appearance by Myron M. Cherry on behalf of Encore Marketing International, Inc., Regent Group, Inc. (Cherry, Myron) (leh).
January 19, 2010 Opinion or Order Filing 30 Minute Order Setting Telephonic Conference: Pursuant to the request of Defendants and this Court's Civil Chambers Rules, the Court hereby sets a Telephonic Conference Re: Defendants' Proposed Motions to Dismiss on Monday, January 25, 2010 at 11:30 a.m. before Judge Anello. Counsel for Defendant Provide Commerce, Inc. shall be responsible for coordinating and initiating the telephonic conference. If a conferencing service is used to assist with the call, dial-in instructions may be submitted directly to Chambers via Judge Anello's e-file email address: efile_anello@casd.uscourts.gov. So Ordered By Judge Michael M. Anello on 1/19/2010. (amk)
January 13, 2010 Opinion or Order Filing 29 NOTICE of Request For Telephone Conference Re: Proposed Motion To Dismiss by Provide Commerce, Inc. (Attachments: #1 Exhibit 1 Declaration Of Leo P. Norton Re Compliance With Meet And Confer Requirements For Proposed Motion To Dismiss, #2 Proof of Service)(Norton, Leo)(leh).
January 13, 2010 Opinion or Order Filing 28 NOTICE of Request for Telephonic Conference Re: Proposed Motion to Dismiss by Encore Marketing International, Inc., Regent Group, Inc. (Attachments: #1 Declaration of Compliance With Meet and Confer Requirements)(Zolna, Jacie) (leh).
December 14, 2009 Opinion or Order Filing 27 CONSOLIDATED CLASS ACTION COMPLAINT with Jury Demand against Encore Marketing International, Inc., Provide Commerce, Inc., Regent Group, Inc., filed by Bobbi Sledge, Josue Romero. (Attachments: #1 Proof of Service)(Khoury, Isam) Modified on 12/15/2009 atty contacted re: wrong s/ user (leh).
November 13, 2009 Opinion or Order Filing 26 ORDER granting #14 Joint Motion to Consolidate Cases, Cases associated - 09cv2111-MMA(BLM). Parties added to case from member case. All future filings will be done in the lead case. ORDER granting #13 Joint Motion to Appoint Counsel. Attorneys James Patterson and Jennie Lee Anderson shall serve as Defendants point persons for communication with Plaintiffs lead counsel. Plaintiffs shall file a consolidated order within 30 days from the entry of this Order. Defendants shall answer or otherwise respond to the consolidated complaint within 30 days of the filing of the consolidated complaint. Signed by Judge Michael M. Anello on 11/13/2009. (Attachments: #1 Transfer Letter) (leh) (jrl).
November 13, 2009 Opinion or Order Filing 25 Minute Order Vacating Motions Hearing: Currently set for hearing on November 16, 2009 are Plaintiffs' #13 Joint MOTION to Appoint Counsel and #14 Joint MOTION to Consolidate Cases. The Court has reviewed the papers submitted in support and in opposition to these motions, and determined that a hearing is not necessary. Accordingly, the hearing is vacated, no appearances are required, and the Court shall issue written rulings forthwith. So Ordered by Judge Michael Anello on 11/13/2009. (amk)
November 6, 2009 Opinion or Order Filing 24 REPLY to Response to Motion re #14 Joint MOTION to Consolidate Cases Notice of Joint Motion to Consolidate Related Cases filed by Bobbi Sledge. (Anderson, Jennie)(leh).
November 6, 2009 Opinion or Order Filing 23 REPLY to Response to Motion re #13 Joint MOTION to Appoint Counsel Notice of Joint Motion to Appoint Interim Class Counsel filed by Bobbi Sledge. (Anderson, Jennie)(leh).
November 2, 2009 Opinion or Order Filing 22 RESPONSE in Opposition re #13 Joint MOTION to Appoint Counsel Notice of Joint Motion to Appoint Interim Class Counsel filed by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
November 2, 2009 Opinion or Order Filing 21 RESPONSE in Opposition re #14 Joint MOTION to Consolidate Cases Notice of Joint Motion to Consolidate Related Cases filed by Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Norton, Leo) (leh).
October 23, 2009 Opinion or Order Filing 20 NOTICE of Appearance by Michael G Rhodes on behalf of Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Rhodes, Michael) (leh).
October 23, 2009 Opinion or Order Filing 19 NOTICE of Appearance by Michelle C Doolin on behalf of Provide Commerce, Inc. (Attachments: #1 Proof of Service)(Doolin, Michelle)(leh).
October 20, 2009 Opinion or Order Filing 18 NOTICE of Withdrawal of Document by Bobbi Sledge re #9 MOTION to Appoint Interim Class Counsel (Anderson, Jennie) Modified on 10/21/2009 to edit text(leh).
October 20, 2009 Opinion or Order Filing 17 DECLARATION of Bruce W. Steckler in Support of re #13 Joint MOTION to Appoint Counsel Notice of Joint Motion to Appoint Interim Class Counsel by Plaintiff Bobbi Sledge. (Anderson, Jennie) (leh).
October 20, 2009 Opinion or Order Filing 16 PRO HAC VICE APPOINTED: Melissa K. Hutts appearing for Plaintiff Bobbi Sledge. (All non-registered users served via U.S. Mail Service)(mkz)
October 20, 2009 Opinion or Order Filing 15 PRO HAC VICE APPOINTED: J. Burton LeBlanc, IV appearing for Plaintiff Bobbi Sledge. (All non-registered users served via U.S. Mail Service)(mkz)
October 19, 2009 Opinion or Order Filing 14 Joint MOTION to Consolidate Cases Notice of Joint Motion to Consolidate Related Cases by Bobbi Sledge. (Attachments: #1 Memo of Points and Authorities in Support of Joint Motion to Consolidate Related Cases, #2 Proof of Service Certificate of Service)(Anderson, Jennie) Modified on 10/20/2009 atty contacted re: s/ signature(leh).
October 19, 2009 Opinion or Order Filing 13 Joint MOTION to Appoint Counsel Notice of Joint Motion to Appoint Interim Class Counsel by Bobbi Sledge. (Attachments: #1 Memo of Points and Authorities in Support of Joint Motion to Appoint Interim Class Counsel, #2 Declaration of James R. Patterson in Support of Joint Motion, #3 Declaration of Isam C. Khoury in Support of Joint Motion, #4 Declaration of Jennie Lee Anderson in Support of Joint Motion, #5 Certificate of Service)(Anderson, Jennie)(leh).
October 16, 2009 Opinion or Order Filing 12 PRO HAC VICE APPOINTED: Bruce W. Steckler appearing for Plaintiff Bobbi Sledge (All non-registered users served via U.S. Mail Service)(mkz)
October 16, 2009 Opinion or Order Filing 11 ORDER granting #10 Joint Motion for Extension of Time to Respond to Complaint. Provide Commerce's deadline to respond to the complaint is 7 days after the Court rules on Plaintiff's motion to appoint interim class counsel, unless the Court orders or the plaintiffs in this case and the related case jointly agree that a consolidated or other superseding complaint be filed, or the Court orders a different deadline to respond in connection with its ruling on the motion to appoint interim class counsel. Signed by Judge Michael M. Anello on 10/16/2009. (leh) (jrl).
October 15, 2009 Opinion or Order Filing 10 Joint MOTION for Extension of Time to File Response/Reply to Complaint by Provide Commerce, Inc.. (Attachments: #1 Proof of Service)(Norton, Leo)(leh).
October 8, 2009 Opinion or Order Filing 9 DOCUMENT WITHDRAWN PER ATTY - MOTION to Appoint Counsel Notice of Motion and Motion to Appoint Interim Class Counsel by Bobbi Sledge. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Appoint Interim Class Counsel, #2 Declaration of Jennie Lee Anderson In Support Motion to Appoint Interim Class Counsel, #3 Declaration of Bruce W. Steckler In Support of Motion to Appoint Interim Class Counsel, #4 Certificate of Service)(Anderson, Jennie) Modified on 10/21/2009, motion withdrawn per atty filing; termed motion; edited text (leh).
October 7, 2009 Opinion or Order Filing 8 CERTIFICATE OF SERVICE by Bobbi Sledge re #4 MOTION to Appoint Counsel Interim Class Counsel, #7 Declaration, #6 Declaration, #5 Memorandum of Points and Authorities (Anderson, Jennie) (ag).
October 7, 2009 Opinion or Order Filing 7 DECLARATION re #4 MOTION to Appoint Counsel Interim Class Counsel, #5 MOTION to Appoint Counsel Memorandum of Points and Authorities in Support of Motion to Appoint Interim Class Counsel of Bruce W. Steckler in Support Thereof by Plaintiff Bobbi Sledge. (Attachments: #1 Exhibit A)(Anderson, Jennie) Modified on 10/8/2009. Attorney to re-file document with motion per chambers (cap).
October 7, 2009 Opinion or Order Filing 6 DECLARATION re #4 MOTION to Appoint Counsel Interim Class Counsel, #5 MOTION to Appoint Counsel Memorandum of Points and Authorities in Support of Motion to Appoint Interim Class Counsel of Jennie Lee Anderson in Support Thereof by Plaintiff Bobbi Sledge. (Attachments: #1 Exhibit A)(Anderson, Jennie) Attny to refile Motion and attachments (lao).
October 7, 2009 Opinion or Order Filing 5 MOTION to Appoint Counsel Memorandum of Points and Authorities in Support of Motion to Appoint Interim Class Counsel by Bobbi Sledge. (Anderson, Jennie) Modified on 10/8/2009 (tkl). Per Chambers, atty to re-efile motion. Motion terminated.
October 7, 2009 Opinion or Order Filing 4 MOTION to Appoint Counsel Interim Class Counsel by Bobbi Sledge. (Anderson, Jennie) Modified on 10/8/2009 - Per chambers, atty to refile this motion with attachments (Docs. # 5, 6, 7 and 8) (mdc)
October 6, 2009 Opinion or Order Filing 3 SUMMONS Returned Executed by Bobbi Sledge. Provide Commerce, Inc. served on 9/25/2009, answer due 10/15/2009. (Anderson, Jennie)(leh).
September 24, 2009 Opinion or Order Filing 2 Summons Issued as to Provide Commerce, Inc. (smy)
September 24, 2009 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Provide Commerce, Inc. (Filing fee $350, receipt number 005614), filed by Bobbi Sledge.(smy) (av1).

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Search for this case: In Re: Easysaver Rewards Litigation
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Defendant: Doe Defendants A - Z
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Defendant: Encore Marketing International, Inc.
Represented By: Myron Milton Cherry
Represented By: Jacie C. Zolna
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Defendant: Provide Commerce, Inc.
Represented By: Michelle C Doolin
Represented By: Michael G Rhodes
Represented By: Edwin Arthur Howell
Represented By: Leo P Norton
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Defendant: Regent Group, Inc. a California Corporation doing business as Encore Marketing International
Represented By: Jacie C. Zolna
Represented By: Myron Milton Cherry
Represented By: Ethan Thomas Boyer
Represented By: Michael L Kirby
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Plaintiff: Grant Jenkins
Represented By: Isam C Khoury
Represented By: Mazin A. Sbaiti
Represented By: Gene J. Stonebarger
Represented By: Michael D. Singer
Represented By: James Richard Patterson
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
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Plaintiff: Jennifer Lawler
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Bradley Berentson
Represented By: Isam C Khoury
Represented By: Mazin A. Sbaiti
Represented By: Gene J. Stonebarger
Represented By: Michael D. Singer
Represented By: James Richard Patterson
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
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Plaintiff: Deanna Hunt
Represented By: Kimberly Dawn Neilson
Represented By: Michael D. Singer
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Josue Romero
Represented By: Michael D. Singer
Represented By: Isam C Khoury
Represented By: Mazin A. Sbaiti
Represented By: Gene J. Stonebarger
Represented By: Kimberly Dawn Neilson
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Albert Parker
Represented By: Isam C Khoury
Represented By: Gene J. Stonebarger
Represented By: James Richard Patterson
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
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Plaintiff: Alissa Herbst
Represented By: Jay J. Rice
Represented By: Michael D. Singer
Represented By: ELLIOTT LOUIS PELL
Represented By: Diane E. Sammons
Represented By: RANDEE M. MATLOFF
Represented By: Jennie Lee Anderson
Represented By: James Richard Patterson
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Plaintiff: Daniel Cox
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Christopher Dickey
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Jonathan Walter
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: Jennie Lee Anderson
Represented By: Alisa A. Martin
Represented By: James Richard Patterson
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Plaintiff: Kimberly Kenyon
Represented By: Kimberly Dawn Neilson
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: James Richard Patterson
Represented By: Alisa A. Martin
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
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Plaintiff: Bobbi Sledge
Represented By: Kimberly Dawn Neilson
Represented By: Mazin A. Sbaiti
Represented By: Melissa K. Hutts
Represented By: James Richard Patterson
Represented By: Alisa A. Martin
Represented By: J. Burton LeBlanc, IV
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
Represented By: Lori Erin Andrus
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Plaintiff: Gina Bailey
Represented By: Kimberly Dawn Neilson
Represented By: Mazin A. Sbaiti
Represented By: Michael D. Singer
Represented By: James Richard Patterson
Represented By: Alisa A. Martin
Represented By: Bruce Steckler
Represented By: Jennie Lee Anderson
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