PRECISION CONTRACTING SOLUTIONS, LP et al v. ANGI HOMESERVICES, INC. et al
| DERRICK S. SIEBER, CAROLYN TORSELL, STEPHEN C. SIEBER and PRECISION CONTRACTING SOLUTIONS, LP |
| ANGIE'S LIST, INC, KENNETH VOGEL, ANGI HOMESERVICES, INC and DISTRICT OF COLUMBIA |
| 1:2019cv02748 |
| September 16, 2019 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 WAIVER OF SERVICE by PRECISION CONTRACTING SOLUTIONS, LP. KENNETH VOGEL waiver sent on 10/30/2019, answer due 12/29/2019. (Attachments: #1 Exhibit)(Lyle, Edward) |
| Filing 28 REPLY to opposition to motion re #17 MOTION to Dismiss filed by DISTRICT OF COLUMBIA. (Lomax, Emma) |
| Filing 27 NOTICE OF WITHDRAWAL OF APPEARANCE as to ANGI HOMESERVICES, INC, ANGIE'S LIST, INC. Attorney Joshua David Schnell terminated. (Schnell, Joshua) |
| Filing 26 NOTICE of Appearance by Timothy D. Belevetz on behalf of ANGI HOMESERVICES, INC, ANGIE'S LIST, INC (Belevetz, Timothy) |
MINUTE ORDER (paperless) GRANTING #25 Defendant District of Columbia's Partial Consent Motion to Extend the Deadline to File its Reply to Plaintiffs' Opposition to its Motion to Dismiss, nunc pro tunc; and DIRECTING the District to reply, by November 8, 2019, to plaintiffs' opposition. Signed by Chief Judge Beryl A. Howell on November 5, 2019. (lcbah2)
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| Set/Reset Deadlines: District of Columbia's reply to plaintiffs' opposition due by 11/8/2019. (tg) |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: #1 Text of Proposed Order)(Lomax, Emma) |
| Filing 24 REPLY to opposition to motion re #13 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by ANGI HOMESERVICES, INC, ANGIE'S LIST, INC. (Schnell, Joshua) |
| Filing 23 RESPONSE re #14 MOTION to Dismiss Carolyn Torsell, #15 MOTION to Dismiss PCS and Derrick Sieber, #16 MOTION to Dismiss Stephen Sieber filed by PRECISION CONTRACTING SOLUTIONS, LP. (Lyle, Edward) |
| Filing 22 RESPONSE re #17 MOTION to Dismiss filed by PRECISION CONTRACTING SOLUTIONS, LP. (Lyle, Edward) |
| Filing 21 RESPONSE re #13 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by PRECISION CONTRACTING SOLUTIONS, LP. (Attachments: #1 Exhibit)(Lyle, Edward) |
| Filing 20 Mail Returned as Undeliverable. Mail Sent on 9/25/2019, to Stephen C. Sieber; Type of Document Returned: Minute Order entered on 9/24/2019, granting the pro hac vice appearance of Mr. George A. Gaspar; Mail re-sent to: Stephen C. Sieber, 1805 45th Street, NW, Washington, DC 20007. (tg) Modified on 10/24/2019 (tg). |
| Filing 19 Mail Returned as Undeliverable. Mail Sent on September 24, 2019, to Stephen C. Sieber; Type of Document Returned: Minute Order denying #12 Motion of Plaintiffs Derrick Sieber and Stephen Sieber for a Temporary Restraining Order and for a Preliminary Injunction Order Against Defendant ANGI Homeservices, Inc. and Angies List, Inc.; Mail re-sent to: Stephen C. Sieber, 1805 45th Street, NW, Washington, DC 20007 . (tg) Modified on 10/24/2019 (tg). |
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MINUTE ORDER (paperless) GRANTING the plaintiffs' #18 Consent Motion for Extension of Time. Accordingly, the plaintiffs shall file, by October 24, 2019, any opposition to defendants' #13 Motion to Dismiss; and by October 28, 2019, any opposition to defendants' #14 Motion to Dismiss, #15 Motion to Dismiss, #16 Motion to Dismiss, and #17 Motion to Dismiss. Signed by Chief Judge Beryl A. Howell on October 17, 2019. (lcbah3)
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| Set/Reset Deadlines: Plaintiffs' opposition to #13 Motion to Dismiss due by 10/24/2019; opposition to #14 , #15 , #16 , and #17 Motion to Dismiss due by 10/28/2019. (ztg) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss, #13 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, #14 MOTION to Dismiss Carolyn Torsell, #15 MOTION to Dismiss PCS and Derrick Sieber, #16 MOTION to Dismiss Stephen Sieber by PRECISION CONTRACTING SOLUTIONS, LP (Attachments: #1 Text of Proposed Order)(Lyle, Edward) |
| Filing 17 MOTION to Dismiss by DISTRICT OF COLUMBIA (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(jf) |
| Filing 16 MOTION to Dismiss Stephen Sieber by KENNETH VOGEL (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Vogel, Kenneth) |
| Filing 15 MOTION to Dismiss PCS and Derrick Sieber by KENNETH VOGEL (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Vogel, Kenneth) |
| Filing 14 MOTION to Dismiss Carolyn Torsell by KENNETH VOGEL (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Vogel, Kenneth) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted by ANGI HOMESERVICES, INC, ANGIE'S LIST, INC (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Schnell, Joshua) |
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MINUTE ORDER (paperless) DENYING #12 Motion of Plaintiffs Derrick Sieber and Stephen Sieber for a Temporary Restraining Order Against Defendant ANGI Homeservices, Inc. and Angies List, Inc. and Motion of Plaintiffs Derrick Sieber and Stephen Sieber for a Preliminary Injunction Order Against Defendant ANGI Homeservices, Inc. and Angies List, Inc. Derrick Sieber is the sole proprietor of Precision Contracting Solutions, LP (PCS), a home improvement and general contractor, and Stephen Sieber is a design consultant with no ownership stake in PCS. The underlying suit alleges that two of the defendants, Angies List, Inc., and ANGI Homeservices, Inc., which are directories of business and contractors, unlawfully removed from their websites customer ratings and comments about PCS. Plaintiffs seek a temporary restraining order (TRO) and a preliminary injunction (PI) requiring restoration of the information to the defendants' websites. PCS, also a plaintiff, has not joined the Siebers' requests for a TRO and a PI, although those requests depend on alleged harm to PCS, which will, in turn, allegedly harm the Siebers. To obtain either a TRO or a PI, a plaintiff "must establish (1) that he is likely to succeed on the merits, (2) that he is likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in his favor, and (4) that an injunction is in the public's interest." Aamer v. Obama, 742 F.3d 1023, 1038 (D.C. Cir. 2014) (internal quotation marks omitted). "[T]he movant has the burden to show that all four factors, taken together, weigh in favor of the injunction" or TRO. Davis v. Pension Benefit Guar. Corp., 571 F.3d 1288, 1292 (D.C. Cir. 2009); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 21-23 (2008). The plaintiffs have not made the required showing. On irreparable harm, the plaintiffs, in a Declaration by Derrick Sieber ("Pl.'s Decl."), Mem. Supp. Pls' Mots. ("Pls.' Mem."), make conclusory and unsubstantiated allegations that the information's removal caused "several clients" to terminate contracts with PCS, Pl.'s Decl. ¶ 37, "causing great financial harm," id. ¶ 38. Plaintiffs, on prevailing, could recover economic losses, so "economic loss does not, in and of itself, constitute irreparable harm." Wisc. Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985). Sieber avers that without immediate relief, "PCS will soon be driven out of business," Pl.'s Decl. ¶ 3738, but "[b]are allegations of what is likely to occur are" insufficient; "[t]he movant must provide proof... that the harm is certain to occur in the near future." Plaintiffs' claims of lasting reputational damage are similarly vague and speculative. See Pls.' Mem. at 16; see also John Doe Co. v. CFPB, 849 F.3d 1129, 1134 (D.C. Cir. 2017) (affirming denial of injunctive relief on speculative assertions of reputational and economic harm). As to the balance of equities, the fact that the Siebers may be unable to advertise their services on the defendants' websites ignores the myriad other options available, including PCS's own website, to promote their business interests and post positive comments from clients, tipping the balance of equities against the plaintiffs. Finally, on the current record, the requested relief is also not in the public interest. Any general public interest in access to ratings and reviews is weakened here by facts provided by plaintiffs: the information was removed after there were accusations (disputed by the Siebers) that the Siebers had posted fraudulent reviews and after the District of Columbia (also named as a defendant) sued PCS for violations of the District's Consumer Protection Procedures Act (the Siebers dispute the alleged violations). Pls.' Mem. at 4-5. Given these showings on prongs two, three, and four, plaintiffs cannot prevail on their motions for a TRO and a PI and the other prong need not be addressed. See Davis, 571 F.3d at 1295. Accordingly, the Siebers' motions for a TRO and PI are denied. Signed by Chief Judge Beryl A. Howell on September 24, 2019. (lcbah2)
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MINUTE ORDER (paperless) GRANTING the defendants' #11 Amended Motion for Leave to Appear Pro Hac Vice. Mr. George A. Gaspar may enter an appearance pro hac vice for the purpose of representing the defendants in this action. Signed by Chief Judge Beryl A. Howell on September 24, 2019. (lcbah3)
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Filing 12
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by DERRICK S. SIEBER, STEPHEN C. SIEBER (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Text of Proposed Order, #4 Text of Proposed Order)"Leave to file GRANTED", Signed by Chief Judge Beryl A. Howell on September 23, 2019.(zrdj)
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| Filing 11 Amended MOTION for Leave to Appear Pro Hac Vice :Attorney Name- George A. Gasper, :Firm- Ice Miller LLP, :Address- One American Square, Suite 2900, Indianapolis, IN 46282. Phone No. - (317) 236-2275. Fax No. - (317) 592-4665 Fee Status: No Fee Paid. by ANGI HOMESERVICES, INC, ANGIE'S LIST, INC (Schnell, Joshua) |
| Filing 10 NOTICE of Appearance by Emma Lee Lomax on behalf of DISTRICT OF COLUMBIA (Lomax, Emma) |
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MINUTE ORDER (paperless) DENYING the defendant's #8 Motion for Admission Pro Hac Vice for failure to comply with LCvR 83.2(d). The declaration filed by Mr. George A. Gasper does not include an indication of whether he "has been disciplined by any bar," as opposed to disbarred or suspended. See LCvR 83.2(d)(4) (emphasis added). Signed by Chief Judge Beryl A. Howell on September 20, 2019. (lcbah3)
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Filing 9
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on September 19, 2019. (lcbah3)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- George A. Gasper, :Firm- Ice Miller LLP, :Address- One American Square, Suite 2900, Indianapolis, IN 46282. Phone No. - (317) 236-2275. Fax No. - (317) 592-4665 Filing fee $ 100, receipt number 0090-6386678. Fee Status: Fee Paid. by ANGI HOMESERVICES, INC, ANGIE'S LIST, INC (Schnell, Joshua) |
| Filing 7 NOTICE to Counsel/Party re #1 Notice of Removal, (zeg) |
| Case Assigned to Chief Judge Beryl A. Howell. (zeg) |
| Filing 6 NOTICE of Consent to Removal by KENNETH VOGEL re #1 Notice of Removal, (Vogel, Kenneth) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANGIE'S LIST, INC (Schnell, Joshua) |
| Filing 4 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANGI HOMESERVICES, INC (Schnell, Joshua) |
| Filing 3 CIVIL COVER SHEET Amended by ANGIE'S LIST, INC, ANGI HOMESERVICES, INC re #1 Notice of Removal, filed by ANGIE'S LIST, INC, ANGI HOMESERVICES, INC. Related document: #1 Notice of Removal, filed by ANGI HOMESERVICES, INC, ANGIE'S LIST, INC.(Schnell, Joshua) |
| Filing 2 NOTICE of Appearance by Joshua David Schnell on behalf of Angi HomeServices, Inc., Angie's List, Inc. (Schnell, Joshua) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the District of Columbia, case number 19-005949 Filing fee $ 400, receipt number 0090-6378155 filed by Angie's List, Inc., Angi HomeServices, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Schnell, Joshua) |
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