Robert W Mauthe MD PC v. ITG Inc, et al
| ITG INC, M SCIENCE LLC and ITG INVESTMENT RESEARCH INC |
| ROBERT W MAUTHE MD PC, Individually and as the representatives of a class of similarly-situated persons |
| 19-3222 |
| October 1, 2019 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| Filing 76 MANDATE ISSUED. Costs taxed against Appellees in the amount of $1269.20. ($634.60 to each Appellant) [19-3018, 19-3222] (CJG) [Entered: 07/21/2020 07:44 AM] |
Filing 75
ORDER (SMITH, Chief Judge, MCKEE, AMBRO, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, MATEY, PHIPPS and GREENBERG, Circuit Judges) denying Petition for Panel Rehearing and Petition En Banc Rehearing filed by Appellees ITG Investment Research Inc, M Science LLC and ITG Inc. Judge Greenberg's vote is limited to denying rehearing before the original panel. Greenberg, Authoring Judge. (NDA regenerated due to Judge Porter removed from Coram due to recusal)--[Edited 07/14/2020 by MB] (MB) [Entered: 07/14/2020 09:28 AM]
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| Filing 74 ECF FILER: RESPONSE on behalf of Appellant Robert W Mauthe MD PC to Court to Petition for Rehearing. Certificate of Service dated 06/29/2020 by ECF. [19-3222]--[Edited 06/30/2020 by MB] (PAB) [Entered: 06/29/2020 09:25 PM] |
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Filing 73
ORDER (JORDAN, RESTREPO and GREENBERG, Circuit Judges) Appellant is hereby ordered to file a response to the Petitions for Rehearing within 20 days of the date of this order. Greenberg, Authoring Judge. (CJG) [Entered: 06/09/2020 04:49 PM]
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| Filing 72 ECF FILER: AMENDED Petition for Rehearing filed by Appellee ITG Inc for Panel and En Banc Rehearing. Certificate of Service dated 06/02/2020. Service made by ECF. [19-3222] (EM) [Entered: 06/02/2020 06:14 PM] |
| Filing 71 ECF FILER: Petition filed by Appellee ITG Inc for Rehearing before original panel and the court en banc. Certificate of Service dated 05/29/2020. Service made by ECF. [19-3222] (FJE) [Entered: 05/29/2020 03:42 PM] |
| Filing 70 ECF FILER: Petition filed by Appellees ITG Investment Research Inc and M Science LLC for Rehearing before original panel and the court en banc. Certificate of Service dated 05/29/2020. Service made by ECF. [19-3222] (CDM) [Entered: 05/29/2020 03:08 PM] |
| Filing 69 REVIEWED & ADJUSTED Bill of Costs filed. After review, costs will be taxed in the amount of $674.60. (MB) [Entered: 05/28/2020 07:58 AM] |
| Filing 68 ECF FILER: BILL OF COSTS filed on behalf of Appellant Robert W Mauthe MD PC. Certificate of Service dated 05/27/2020. Service made by ECF. [19-3222] (PAB) [Entered: 05/27/2020 01:29 PM] |
| Filing 67 Archived PDF of website(s) cited in opinion. (SB) [Entered: 05/19/2020 05:21 PM] |
| Filing 66 JUDGMENT, the orders of dismissal of August 26, 2019, in No. 19-3222, and August 29, 2019, in No. 19-3018, are reversed and the matters are remanded for further proceedings. Costs taxed against Appellees. [19-3018, 19-3222] (CJG) [Entered: 05/15/2020 09:09 AM] |
| Filing 65 PRECEDENTIAL OPINION. Coram: JORDAN, RESTREPO and GREENBERG, Circuit Judges. Total Pages: 21. Judge: GREENBERG Authoring, Judge: JORDAN Dissenting. [19-3018, 19-3222] (CJG) [Entered: 05/15/2020 09:06 AM] |
| Filing 63 COURT MINUTES OF ARGUED/SUBMITTED CASES. [19-3018, 19-1470, 19-3222, 19-2797, 19-1391, 19-2961, 18-1204] (PM) [Entered: 03/24/2020 12:21 PM] |
| Filing 62 ARGUED on Tuesday, March 24, 2020. Panel: JORDAN, RESTREPO and GREENBERG, Circuit Judges. Phillip A. Bock arguing for Appellant Richard E. Fischbein; Patrick D. Doran arguing for Appellee ITG Investment Research Inc;Francis J. Earley arguing for Appellee ITG Inc; Samantha L. Southall arguing for Appellee Olson Research Group Inc. [19-3018, 19-3222] (PM) [Entered: 03/24/2020 12:16 PM] |
| Filing 61 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Phillip A. Bock, Esq. for Appellant Robert W Mauthe MD PC. Case Summary: Is an unsolicited fax a TCPA advertisement when it offers a medical professional $200 in exchange for 60 minutes of time, or $60 in exchange for 25 minutes of time, spent answering questions in an on-line survey?. Post Video: YES. [19-3222] (PAB) [Entered: 03/17/2020 09:29 PM] |
| Filing 60 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Patrick D. Doran, Esq. for Appellees ITG Investment Research Inc and M Science LLC in 19-3222. Case Summary: Whether a fax violates the TCPA if it provides information about a research survey and honoraria for qualified respondents but offers nothing for sale, and if such a fax is within the ambit of the recent Optum standard limiting TCPA fax claims.. Post Video: YES. [19-3222, 19-3018] (PDD) [Entered: 03/17/2020 04:05 PM] |
| Filing 59 ECF FILER: DIVISION OF TIME FORM filed by Attorney Ms. Samantha L. Southall, Esq. for Appellee Olson Research Group Inc in 19-3018. Certificate of Service dated 03/17/2020. Service made by ECF. [19-3018, 19-3222] (SLS) [Entered: 03/17/2020 03:22 PM] |
| Filing 58 TEXT ONLY ORDER (Clerk) The start time of oral argument has been amended to 10:30am [19-3018, 19-3222] (PM) [Entered: 03/17/2020 09:33 AM] |
| Filing 57 AMENDED Oral Argument Notification for Tuesday, 03/24/2020. Courtroom & Time: Maris Courtroom / *10:30am. Location: Philadelphia, PA. [19-3018, 19-3222]--[Edited 03/17/2020 by PM] (PM) [Entered: 03/12/2020 12:56 PM] |
| Filing 56 HARD COPY RECEIVED from Appellant Robert W Mauthe MD PC - Reply Brief. Copies: 7. (KEL) [Entered: 02/21/2020 12:17 PM] |
| Filing 55 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Robert W Mauthe MD PC. Certificate of Service dated 02/19/2020 by ECF. [19-3222] (PAB) [Entered: 02/19/2020 07:27 PM] |
| Filing 54 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Francis J. Earley, Esq. for Appellee ITG Inc. Certificate of Service dated 02/18/2020. Service made by ECF. [19-3222] (FJE) [Entered: 02/18/2020 03:44 PM] |
| Filing 53 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Patrick D. Doran, Esq. for Appellees ITG Investment Research Inc and M Science LLC in 19-3222. Certificate of Service dated 02/18/2020. Service made by ECF. [19-3222, 19-1470, 19-3018] (PDD) [Entered: 02/18/2020 02:49 PM] |
| Filing 52 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Phillip A. Bock, Esq. for Appellant Robert W Mauthe MD PC. Certificate of Service dated 02/17/2020. Service made by ECF, Email. [19-3222] (PAB) [Entered: 02/17/2020 03:17 PM] |
| Filing 51 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Ms. Samantha L. Southall, Esq. for Appellee Olson Research Group Inc in 19-3018. Certificate of Service dated 02/13/2020. Service made by ECF. [19-3018, 19-1470, 19-3222] (SLS) [Entered: 02/13/2020 09:30 AM] |
| Filing 50 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Bart T. Murphy, Esq. for Appellees Hartford Financial Services Group Inc and Spreemo Inc in 19-1470. Certificate of Service dated 02/11/2020. Service made by ECF. [19-1470, 19-3018, 19-3222] (BTM) [Entered: 02/11/2020 11:05 AM] |
| Filing 49 Calendared for Tuesday, 03/24/2020. Calendar Clerk: PM. (PM) [Entered: 02/11/2020 10:41 AM] |
| Filing 48 HARD COPY RECEIVED from Appellees ITG Investment Research Inc and M Science LLC in 19-3222 - Brief. Copies: 7. [19-3222, 19-1470, 19-3018] (KEL) [Entered: 02/06/2020 04:25 PM] |
| Filing 47 HARD COPY RECEIVED from Appellee ITG Inc in 19-3222 - Brief. Copies: 7. [19-3222, 19-1470, 19-3018] (KEL) [Entered: 02/06/2020 12:36 PM] |
| Filing 46 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees ITG Investment Research Inc and M Science LLC. Certificate of Service dated 02/05/2020 by ECF. [19-3222] (CDM) [Entered: 02/05/2020 02:04 PM] |
| Filing 45 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee ITG Inc. Certificate of Service dated 02/05/2020 by ECF. [19-3222] (FJE) [Entered: 02/05/2020 01:59 PM] |
| Filing 44 ECF FILER: LETTER from Attorney Francis J. Earley, Esq. for Appellee ITG Inc in 19-3222. Counsel is unavailable for the following dates: 03/26/2020, 03/27/2020, [19-3222, 19-1470, 19-3018] (FJE) [Entered: 01/17/2020 11:09 AM] |
| Filing 43 Appellees ITG Inc, ITG Investment Research Inc and M Science LLC verbally granted an extension of time to file brief until 02/05/2020 pursuant to Third Cir. LAR 31.4. (JK) [Entered: 01/14/2020 04:11 PM] |
| Filing 42 CLERK ORDER The Motion by Appellee Olson Research Group, Inc. in No. 19-3018 to Consolidate the Actions at Nos. 19-3018 & 19-3222 for Disposition Only is granted. It is noted that on October 1, 2019, the Clerk consolidated Nos. 19-1470 and 19-3018 for disposition only. Nos. 19-1470, 19-3018, and 19-3222 are hereby consolidated for disposition only. [19-1470, 19-3018, 19-3222] (CJG) [Entered: 01/06/2020 11:54 AM] |
| HARD COPY RECEIVED from Appellant Robert W Mauthe MD PC - Brief with Volume I of Appendix attached. Copies: 7. (AR) [Entered: 12/26/2019 10:25 AM] |
| HARD COPY RECEIVED from Appellant Robert W Mauthe MD PC - Appendix. Copies: 4. Volumes: 2 (Volume I attached to Brief). (EAF) [Entered: 12/31/2019 11:09 AM] |
| ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant Robert W Mauthe MD PC. Certificate of service dated 12/23/2019 by ECF. [19-3222] (PAB) [Entered: 12/23/2019 11:31 AM] |
| ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant Robert W Mauthe MD PC. Certificate of Service dated 12/23/2019 by ECF. [19-3222] (PAB) [Entered: 12/23/2019 11:27 AM] |
| Appellant Robert W Mauthe MD PC verbally granted an extension of time to file brief & appendix until 12/23/2019 pursuant to Third Cir. LAR 31.4. (JK) [Entered: 12/05/2019 03:00 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee ITG Investment Research Inc, filed. [19-3222] (CDM) [Entered: 10/28/2019 03:16 PM] |
| BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Robert W Mauthe MD PC due on or before 12/09/2019. Appendix due on or before 12/09/2019. (MB) [Entered: 10/28/2019 04:29 PM] |
| FOLLOW UP LETTER to Patrick D. Doran, Esq. for ITG Investment Research Inc, Thomas P. Manning, Esq. for ITG Investment Research Inc and Craig D. Mills, Esq. for ITG Investment Research Inc requesting the following document(s): Disclosure Statement on or before 11/07/2019. (MB) [Entered: 10/24/2019 08:57 AM] |
| ECF FILER: ENTRY OF APPEARANCE from David M. Oppenheim on behalf of Appellant(s) Robert W. Mauthe, M.D., P.C.. [19-3222] (DMO) [Entered: 10/16/2019 01:06 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Thomas P. Manning on behalf of Appellee(s) ITG Investment Research Inc. and M Science LLC. [19-3222] (TPM) [Entered: 10/15/2019 03:04 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Craig D. Mills on behalf of Appellee(s) ITG Investment Research Inc. and M Science LLC. [19-3222] (CDM) [Entered: 10/15/2019 03:14 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Patrick D. Doran on behalf of Appellee(s) ITG Investment Research Inc. and M Science LLC. [19-3222] (PDD) [Entered: 10/15/2019 03:00 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Francis J. Earley, Esquire on behalf of Appellee(s) ITG Inc.. [19-3222] (KER) [Entered: 10/15/2019 01:54 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Esteban Morales, Esquire on behalf of Appellee(s) ITG Inc.. [19-3222] (KER) [Entered: 10/15/2019 01:52 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee M Science LLC, filed. [19-3222] (CDM) [Entered: 10/15/2019 03:18 PM] |
| ECF FILER: Concise Summary of the Case filed by Appellant Robert W Mauthe MD PC, received. [19-3222] (PAB) [Entered: 10/15/2019 09:32 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Phillip A. Bock on behalf of Appellant(s) Robert W. Mauthe, M.D., P.C.. [19-3222] (PAB) [Entered: 10/15/2019 07:44 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Robert W Mauthe MD PC, filed. [19-3222] (PAB) [Entered: 10/15/2019 07:47 PM] |
| ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Robert W Mauthe MD PC advising this court that no transcripts are needed. [19-3222]--[Edited 10/16/2019 by DW] (PAB) [Entered: 10/15/2019 07:48 PM] |
| ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Robert W Mauthe MD PC, filed. [19-3222] (PAB) [Entered: 10/15/2019 07:46 PM] |
| ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee ITG Inc, filed. [19-3222] (KER) [Entered: 10/14/2019 04:54 PM] |
| ECF FILER: ENTRY OF APPEARANCE from Kevin E. Raphael on behalf of Appellee(s) ITG, Inc.. [19-3222] (KER) [Entered: 10/10/2019 02:56 PM] |
| RECORD available on District Court CM/ECF. (MB) [Entered: 10/01/2019 01:59 PM] |
| CIVIL CASE DOCKETED. Notice filed by Appellant Robert W Mauthe MD PC in District Court No. 5-18-cv-01968. (MB) [Entered: 10/01/2019 01:53 PM] |
| CLERK ORDER The above-docketed appeals are hereby consolidated for purposes of disposition only, filed. [19-1470, 19-3222] (MB) [Entered: 10/01/2019 02:11 PM] |
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