Netquote Inc. v. Byrd Featured Case

Plaintiff NetQuote Inc. alleges that defendants submitted false and misleading information to plaintiff through plaintiff's website at www.netquote.com concerning real or fictitious persons who allegedly wish to receive price quotations from NetQuote's insurance affiliates on various forms of insurance, but who in reality do not wish to receive any such contact from NetQuote or NetQuote's insurance affiliates.

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Plaintiff: Netquote Inc.
Defendant: Brandon Byrd and Mostchoice.com, Inc.
Counter Claimant: Mostchoice.com, Inc.
Counter Defendant: Netquote Inc.
Case Number: 1:2007cv00630
Filed: March 29, 2007
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: David M. Ebel
Presiding Judge: Michael E. Hegarty
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Both
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The following documents for this case are available for you to view or download:

Date Filed Document Text
May 5, 2009 Opinion or Order Filing 342 ORDER. Pursuant to Fed.R.Civ.P. 54(d), Court enters judgment against Brandon Byrd and MoistChoice, Com, Inc. and in favor of NetQuote, Inc. in the amount of $47,967.82 for all reasonable and necessary costs. Hearing on bill of costs set 5/6/09 is vacated, by Judge David M. Ebel on 5/5/09. (gmssl, )
April 1, 2009 Opinion or Order Filing 337 ORDER denying 306 Mostchoice's Motion for Judgment as a Matter of Law. Denying 312 Mostchoice's Motion for a New Trial or Remittitur. Granting in part and denying in part 305 NetQuote's Motion for Prejudgment Interest. Denying 305 NetQuote's Request for the Court to Exercise its Discretion to Increase Punitive Damages. Denying 333 Mostchoice's Supplemental Motion for New Trial based on false testimony. Defendants Brandon Byrd and Mostchoice shall jointly a nd severally pay to Plaintiff NetQuote: (a) actual damages in the amount of $1,600,000.00; (b) prejudgment interest in the amount of $24,168.00; (c) post-judgment interest on the sum of $1,624,168.00 at the applicable federal statutory post-judgment interest rate of.59% from the date judgment is entered. Defendant Mostchoice shall pay to Plaintiff NetQuote: (a) punitive damages in the amount of $1,624,168.00; (b) post-judgment interest on the sum of $1,624,168.00 a t the applicable federal statutory post-judgment interest rate of.59% from the date judgment is entered. Defendant Brandon Byrd shall pay to Plaintiff NetQuote: (a) punitive damages in the amount of $10,000.00; (b) post-judgment interest o n the sum of $10,000 at the applicable federal statutory post-judgment interest rate of.59% from the date judgment is entered. Judgment shall be entered accordingly in favor of Plaintiff NetQuote and against Defendants Brandon Byrd and Mostchoice, by Judge David M. Ebel on 4/1/09.(ebs, )
April 29, 2008 Filing 224
REPORT AND RECOMMENDATION that 155 Defendants' MOTION to Exclude Expert Testimony filed by Brandon Byrd, Mostchoice.com, Inc. be denied. Signed by Magistrate Judge Michael E. Hegarty on 4/28/08. (jmp, )
April 24, 2008 Filing 223
OBJECTIONS to Plaintiff's Proposed Exhibits by Defendants Mostchoice.com, Inc., Brandon Byrd. (Isenberg, Ryan)
April 23, 2008 Filing 222
OBJECTIONS to Pursuant to Fed.R.Civ.P.26(A)(3) by Plaintiff Netquote Inc.. (Williams, Daniel)
April 15, 2008 Filing 221
NOTICE of Associated Cases by Plaintiff Netquote Inc. (Williams, Daniel)
April 14, 2008 Filing 220
Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 4/14/2008. All documents in Plaintiffs white exhibit notebook are admitted for the purposes of this hearing only. The portion of the transcript relating to Defendants Exhibit 5 and questions regarding that document will be SEALED. The Court takes the motion under advisement. (Court Reporter FTR-Cathy Coomes.) (jmp, )
March 26, 2008 Filing 219
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 3/26/2008. (Court Reporter FTR - C. Coomes) (mehcd)
March 24, 2008 Opinion or Order Filing 217
FINAL PRETRIAL ORDER: Pending Motions, Discovery complete, estimated 10-20 day jury trial. Signed by Magistrate Judge Michael E. Hegarty on 3/24/08. (jmp, )
March 21, 2008 Opinion or Order Filing 214
MINUTE ORDER: Final Pretrial Conference is rescheduled for 3/24/2008 09:00 AM before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 3/21/08. (jmp, )
March 6, 2008 Opinion or Order Filing 210
ORDER granting in part and denying in part 202 Defendants' Motion for Leave to Take Preservation Depositions. Signed by Magistrate Judge Michael E. Hegarty on 3/06/08.(jmp, )
March 5, 2008 Filing 208
REPLY to Response to Motion re 202 MOTION for Leave to Take Preservation Depositions filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
February 29, 2008 Opinion or Order Filing 206
MINUTE ORDER re: 155 Defendant's MOTION to Exclude Expert Testimony filed by Brandon Byrd, Mostchoice.com, Inc. Final Pretrial Conference set for 3/21/2008 at 09:30 AM is reschuled to 02:30 PM the same day in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Motion Hearing set for 3/21/2008 02:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 2/29/08. (jmp, )
February 20, 2008 Filing 200
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Final Pretrial Conference held on 2/20/2008. Set/Reset Deadlines: Proposed Pretrial Order due by 3/20/2008. Set/Reset Hearings: Final Pretrial Conference RESET for 3/21/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
February 5, 2008 Filing 198
NOTICE of Entry of Appearance of Melvin L. Hewitt, Jr. by Ryan Lance Isenberg on behalf of Mostchoice.com, Inc., Brandon Byrd (Isenberg, Ryan)
February 4, 2008 Opinion or Order Filing 197
MINUTE ORDER granting 189 Defendants' Unopposed Motion for Leave to File Rebuttal Expert Report. Plaintiff is granted leave to file Surreply to Motion to Exclude on or before 2/22/08, by Magistrate Judge Michael E. Hegarty on 2/4/08.(jmp, )
January 31, 2008 Filing 196
NOTICE of Withdrawal of Motion for Relief Under FRCP 56(f) [Dkt. 171] by Defendant Mostchoice.com, Inc. (Isenberg, Ryan)
January 25, 2008 Opinion or Order Filing 194
MINUTE ORDER granting Defendants' 190 Unopposed Motion to File Rebuttal Expert Report Under Seal. Clerk of Court is directed to maintain under seal document found under doc. 191, by Magistrate Judge Michael E. Hegarty on 1/25/08.(sss, )
January 10, 2008 Filing 173
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Discovery Dispute Hearing held on 1/10/2008. (Court Reporter FTR - C. Coomes) (mehcd)
December 28, 2007 Filing 163
Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/28/2007. ORDERED: Plaintiff's 100 Motion to Reopen Depositions at Federal Courthouse is granted in part and denied in part. ORDERED: Defendant Mostchoice.com, Inc.'s 124 Motion for Additional Time to Obtain Non-Party Discovery, to Continue the Final Pre-Trial Conference, and to Identify a Rebuttal Expert Witness is granted in part and denied in part. Final Pretrial Conference set for 2/5/08 is vacted and reset for 2/20/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. ORDERED: Defendants' 112 Motion to Modify Protective Order, or For Relief from Protective Order is denied without prejudice. (Court Reporter FTR - Ellen Miller.) (sss, )
December 21, 2007 Filing 162
REPLY to Response to Motion re 112 MOTION to Modify or for Relief from Protective Order filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
December 19, 2007 Opinion or Order Filing 161
MINUTE ORDER Setting Hearing on Motion 100 MOTION to Reopen Depositions at Federal Courthouse, 124 Renewed MOTION For Extension of Time to Obtain Non-Party Discovery, Identify a Rebuttal Expert, and Continue the Final Pre-Trial Conference, 112 MOTION to Modify or for Relief from Protective Order : Oral Argument set for 12/28/2007 09:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty.Entered by Magistrate Judge Michael E. Hegarty on 12/19/07. (pap, )
December 17, 2007 Filing 156
REPLY to Response to Motion re 100 MOTION to Reopen Depositions at Federal Courthouse filed by Plaintiff Netquote Inc.. (Williams, Daniel)
December 14, 2007 Filing 152
Exhibits in Support of 149 MOTION for Summary Judgment, 150 Sealed Document,,, 151 Sealed Document, Exhibit List (exhibits filed under seal) by Defendants Mostchoice.com, Inc., Brandon Byrd. (Isenberg, Ryan)
December 10, 2007 Opinion or Order Filing 141
Minute ORDER granting Defendants' Unopposed 130 Motion to File Documents Under Seal in Connection with Defendants' Response to Plaintiff's Motion to Reopen Depositions. Clerk of Court directed to maintain under seal document found at 131 , by Magistrate Judge Michael E. Hegarty on 12/10/07.(sss, )
December 6, 2007 Filing 139
STIPULATION (Amended) of Dismissal of Counterclaims by Plaintiff Netquote Inc.. (Williams, Daniel)
November 28, 2007 Opinion or Order Filing 122
ORDER denying Defendants' 111 Motion for Reconsideration of Defendant's Motion for Additional Depositions. Signed by Magistrate Judge Michael E. Hegarty on 11/28/07.(sss, )
November 27, 2007 Filing 121
STIPULATION of Dismissal of Counterclaims by Counter Claimants Mostchoice.com, Inc., Mostchoice.com, Inc., Mostchoice.com, Inc., Counter Defendants Netquote Inc., Netquote Inc., Netquote Inc., Plaintiff Netquote Inc., Defendants Mostchoice.com, Inc., Brandon Byrd. (Williams, Daniel)
November 26, 2007 Filing 120
RESPONSE to Plaintiff's Objection to Appeal of Magistrate's Order filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
November 21, 2007 Filing 113
MOTION to Seal Exhibits to Motion to Modify or for Relief from Protecitve Order [Dt.# 112] by Defendants Mostchoice.com, Inc. and Brandon Byrd. (Isenberg, Ryan) Modified on 11/23/2007 to add filer(sss, ).
November 15, 2007 Opinion or Order Filing 107
Minute ORDER granting Defendant's 102 Motion to File Documents Under Seal in Connection with Defendant's Reply to Plaintiffs Response to Mostchoice's Motion for Additional Discovery. Defendant to provide Plaintiff with copies of all documents filed under seal by 11/19/07, by Magistrate Judge Michael E. Hegarty on 11/15/07.(sss, )
November 13, 2007 Opinion or Order Filing 104
Minute ORDER granting in part and denying in part Defendant's 93 Motion for Leave to Take Additional Depositions, for Additional Time to Complete Written Discovery, and to Modify the Scheduling Order Accordingly. Defendant's request to extend discovery period is denied without prejudice. Defendant's request for leave to take additional depositions is denied. Defendant's request for additional time to complete written discovery is granted. Plaintiff shall respond to Defendant's requests by 12/13/07, by Magistrate Judge Michael E. Hegarty on 11/13/07.(sss, )
November 6, 2007 Opinion or Order Filing 98
APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 97 Order on Motion for Miscellaneous Relief (Designation of Documents as Attorney Eyes Only by Defendants Mostchoice.com, Inc., Brandon Byrd (Isenberg, Ryan)
October 31, 2007 Opinion or Order Filing 97
ORDER granting Plaintiff's 90 Motion to Maintain Highly Confidential - Attorneys Eyes Only Designation for Documents NQ000160- NQ000204. Signed by Magistrate Judge Michael E. Hegarty on 10/31/07.(sss, )
October 29, 2007 Filing 96
STIPULATION for Extension of Time to Respond to Request for Admissions by Defendant Brandon Byrd. (Isenberg, Ryan)
October 25, 2007 Filing 95
RESPONSE to Motion re 90 MOTION to Maintain Highly-Confidential-Attorneys' Eyes Only Designation for Documents filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
October 9, 2007 Filing 91
Plaintiff's ANSWER to Counterclaim by Netquote Inc..(Perkins, Heather)
October 5, 2007 Opinion or Order Filing 89
ORDER dismissing as Moot 75 Motion to Dismiss MostChoince's Amended Fraud Counterclaim. Signed by Judge David M. Ebel on 10/05/07.(jjh, )
September 28, 2007 Filing 88
REPLY to 83 Unopposed MOTION for Leave to File Second Amended Counterclaim, 75 MOTION to Dismiss MostChoice's Amended Fraud Counterclaim, 87 Counterclaim, 82 Response to Motion, 85 Order on Motion for Leave, in Support of Motion to Dismiss Fraud Counterclaim by Plaintiff Netquote Inc.. (Tate, Teresa)
September 14, 2007 Opinion or Order Filing 81
ORDER granting Defendant's Unopposed 80 Motion for Extension of Time to File Response to Plaintiff's Motion to Dismiss by 09/21/07. Signed by Judge David M. Ebel on 09/14/07.(jjh, )
August 23, 2007 Filing 76
REPLY to 62 Counterclaim by Plaintiff Netquote Inc.. (Stark, David)
August 20, 2007 Opinion or Order Filing 71
Minute ORDER granting in part and denying in part Unopposed 69 Motion for Extension of Time to submit Expert Report as set forth in this Minute Order by Magistrate Judge Michael E. Hegarty on 08/20/07.(jjh, )
August 15, 2007 Opinion or Order Filing 68
ORDER Defendant MostChoices Motion to Dismiss (Dkt. # 32) filed 06/15/07, is GRANTED as to Plaintiff NetQuotes claims of common law unfair competition and deceptive trade practices under the CCPA, and is DENIED as to any other basis for dismissal. Signed by Judge David M. Ebel on 08/15/07.(jjh, )
August 14, 2007 Opinion or Order Filing 67
MINUTE ORDER The parties are directed to contact this Courts chambers to reschedule a settlement conference when it appears that fruitful negotiations can occur by Magistrate Judge Michael E. Hegarty on 08/14/07. (jjh, )
August 13, 2007 Filing 66
REPLY to Response to Motion re 49 MOTION for Protective Order filed by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Stark, David)
August 7, 2007 Filing 65
Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Dispute Hearing held on 8/7/2007. (Court Reporter FTR - C. Coomes) (mehcd)
July 30, 2007 Filing 59
NOTICE of Entry of Appearance by Teresa Taylor Tate on behalf of Netquote Inc. (Tate, Teresa)
July 27, 2007 Filing 57
REPLY to Response to Motion re 32 Partial MOTION to Dismiss for Failure to State a Claim filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
July 26, 2007 Opinion or Order Filing 55
Minute ORDER denying without prejudice Defendant Mostchoice.com, Inc's 53 Motion for Leave to amend counterclaims, by Magistrate Judge Michael E. Hegarty on 7/26/07.(gms, )
July 2, 2007 Filing 48
MOTION to Dismiss MostChoice's Counterclaims by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Stark, David)
June 20, 2007 Opinion or Order Filing 47
Minute ORDER granting 45 Motion to Withdraw as Attorney. Attorney Teresa L. Ashmore and Rachel L. Eichenbaum terminated by Magistrate Judge Michael E. Hegarty on 06/20/07.(jjh, )
June 19, 2007 Opinion or Order Filing 42
Minute ORDER granting Joint 38 Motion for Extension of Time to Respond to Written Discovery Requests by 07/13/07 by Magistrate Judge Michael E. Hegarty on 06/19/07.(jjh, )
June 13, 2007 Opinion or Order Filing 35
Minute ORDER denying Stipulated 29 Motion for Protective Order without prejudice, by Magistrate Judge Michael E. Hegarty on 6/13/07.(gms, )
June 12, 2007 Filing 29
Stipulated MOTION for Protective Order re Byrd computer hard drive by Plaintiff Netquote Inc.. (Stark, David)
June 6, 2007 Filing 28
CORPORATE DISCLOSURE STATEMENT by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
June 5, 2007 Opinion or Order Filing 26
SCHEDULING ORDER: Discovery due by 11/5/2007. Dispositive Motions due by 12/3/2007. Settlement Conference set for 8/10/2007 03:30 PM before Magistrate Judge Michael E. Hegarty. Final Pretrial Conference set for 2/5/2008 09:30 AM before Magistrate Judge Michael E. Hegarty. Signed by Magistrate Judge Michael E. Hegarty on 06/05/07. (jjh, )
June 4, 2007 Filing 25
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 6/4/2007. Settlement Conference set for 8/10/2007 03:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Confidential Settlement Statements due by 8/3/07. Proposed Pretrial Order due by 1/29/2008. Final Pretrial Conference set for 2/5/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
May 25, 2007 Filing 24
Proposed Scheduling Order by Plaintiff Netquote Inc.. (Williams, Daniel)
May 10, 2007 Filing 22
CORPORATE DISCLOSURE STATEMENT by Plaintiff Netquote Inc.. (Stark, David)
May 8, 2007 Opinion or Order Filing 21
ORDER granting 19 Motion to Withdraw as Attorney. Attorney Christopher P. Beall terminated. Signed by Magistrate Judge Michael E. Hegarty on 05/08/07.(jjh, )
May 7, 2007 Filing 18
NOTICE of Entry of Appearance by David W. Stark on behalf of Netquote Inc. (Stark, David)
April 23, 2007 Filing 15
WAIVER OF SERVICE Returned Executed by Netquote Inc.. Mostchoice.com, Inc. waiver sent on 4/16/2007, answer due 6/15/2007. (Beall, Christopher)
April 17, 2007 Opinion or Order Filing 14
ORDER dismissing as Moot Defendant's 8 Motion to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim for Fraud Upon Which Relief can be Granted. Signed by Judge David M. Ebel on 04/17/07.(jjh, )
April 12, 2007 Filing 9
NOTICE of Entry of Appearance by Ryan Lance Isenberg on behalf of Brandon Byrd (Isenberg, Ryan)
April 3, 2007 Opinion or Order Filing 7
MINUTE ORDER Scheduling Conference set for 6/4/2007 09:15 AM before Magistrate Judge Michael E. Hegarty in Courtroom 203 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Entered by Magistrate Judge Michael E. Hegarty on 4/3/2007. (mehcd)
April 2, 2007 Opinion or Order Filing 6
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Ebel. (jjh, )
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Search for this case: Netquote Inc. v. Byrd
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Plaintiff: Netquote Inc.
Represented By: Daniel D. Williams
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Defendant: Brandon Byrd
Represented By: Ryan Lance Isenberg
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Defendant: Mostchoice.com, Inc.
Represented By: Ryan Lance Isenberg
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Counter claimant: Mostchoice.com, Inc.
Represented By: Ryan Lance Isenberg
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Counter defendant: Netquote Inc.
Represented By: Daniel D. Williams
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