Federal Trade Commission v. Acquinity Interactive, LLC et al
Plaintiff: Federal Trade Commission
Defendant: Burton Katz, Worldwide Commerce Associates, LLC a Nevada limited liability company doing business as WCA, 7657030 Canada, Inc. a Canadian corporation doing business as Acquinity Interactive, Firebrand Group, S.L., LLC, Sarita Somani, Acquinity Interactive, LLC, Gregory Van Horn, Matthew Beucler, Garry Jonas, Scott Modist, Jonathan Smyth, Joshua Greenberg, Revenue Path E-Consulting Private, Limited and Revenuepath Limited
3Rd Party Defendant: DG DMV LLC, Cambridge Media Series, LLC, On Point Guides, LLC, Bronco Holdings, LLC, On Point Employment LLC, Issue Based Media LLC, Direct Market, LLC, On Point Global LLC and Dragon Global Holdings, LLC
Case Number: 0:2014cv60166
Filed: January 23, 2014
Court: US District Court for the Southern District of Florida
Office: Ft Lauderdale Office
County: XX US, Outside State
Presiding Judge: Alicia M Otazo-Reyes
Referring Judge: Robert N Scola
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 0053
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2021 Opinion or Order Filing 168 REPLY to Response to Motion re #138 MOTION for Temporary Restraining Order and Preliminary Injunction, #137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt Consolidated filed by Federal Trade Commission. (Waldrop, Sarah) Modified document link on 5/21/2021 (ls).
May 21, 2021 Opinion or Order Filing 167 PAPERLESS ORDER: granting the FTC's unopposed motion for leave to file excess pages. #166 . The FTC states in its motion that it is filing a consolidated reply brief, which it attached as an exhibit to its motion, in response to the contempt Defendants' five opposition briefs, but due to the number of issues and arguments raised, requires an additional two pages over and above the 10 page limit for reply briefs set forth by the Local Rules. The Court grants the FTC the requested additional two pages for its consolidated reply brief. Signed by Judge Robert N. Scola, Jr. (sda)
May 21, 2021 Opinion or Order Filing 166 Unopposed MOTION for Leave to File Excess Pages for Consolidated Reply Brief by Federal Trade Commission. (Attachments: #1 Proposed Brief, #2 Text of Proposed Order)(Waldrop, Sarah)
May 17, 2021 Opinion or Order Filing 165 Clerks Notice to Filer re #162 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. See DE # 164 Notice of Adoption. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
May 14, 2021 Opinion or Order Filing 164 Notice of Adoption/Joinder by Waltham Technologies LLC Related document: #160 Response in Opposition to Motion, filed by Burton Katz, Elisha Rothman, Brent Levison (ls)(See Image at DE #162)
May 14, 2021 Opinion or Order Filing 163 RESPONSE in Opposition re #137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt, #138 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dragon Global Holdings LLC, Dragon Global LLC, Dragon Global Management LLC, Robert Zangrillo. Replies due by 5/21/2021. (Attachments: #1 Declaration of Matthew L. Schwartz, #2 DGX1, #3 DGX2, #4 DGX3, #5 DGX4, #6 DGX5, #7 DGX6, #8 DGX7, #9 DGX8, #10 DGX9, #11 DGX10, #12 DGX11, #13 DGX12, #14 DGX13, #15 DGX14, #16 DGX15, #17 DGX16, #18 DGX17, #19 DGX18, #20 DGX19, #21 DGX20, #22 DGX21, #23 DGX22, #24 DGX23, #25 DGX24, #26 DGX25, #27 DGX26, #28 DGX27, #29 DGX28, #30 DGX29, #31 DGX30, #32 DGX31)(Louis, Marshall)
May 14, 2021 Opinion or Order Filing 162 RESPONSE in Opposition re #138 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Waltham Technologies LLC. Replies due by 5/21/2021. (Kaplan, Justin)
May 14, 2021 Opinion or Order Filing 161 NOTICE of Attorney Appearance by Justin Brett Kaplan on behalf of Waltham Technologies LLC. Attorney Justin Brett Kaplan added to party Waltham Technologies LLC(pty:dft). (Kaplan, Justin)
May 14, 2021 Opinion or Order Filing 160 RESPONSE in Opposition re #138 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Burton Katz, Brent Levison, Elisha Rothman. Replies due by 5/21/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thielhelm, Robert)
May 14, 2021 Opinion or Order Filing 159 RESPONSE in Opposition re #137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt filed by Brent Levison, Elisha Rothman. Replies due by 5/21/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thielhelm, Robert)
May 14, 2021 Opinion or Order Filing 158 RESPONSE to Motion re #135 MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt, #138 MOTION for Temporary Restraining Order and Preliminary Injunction Omnibus filed by On Point Global LLC, On Point Employment LLC, On Point Guides, LLC, Dragon Global Holdings, LLC, Cambridge Media Series, LLC, Issue Based Media LLC, DG DMV LLC, Direct Market, LLC, Bronco Holdings, LLC. Attorney Kenneth Dante Murena added to party On Point Global LLC(pty:3pd), Attorney Kenneth Dante Murena added to party On Point Employment LLC(pty:3pd), Attorney Kenneth Dante Murena added to party On Point Guides, LLC(pty:3pd), Attorney Kenneth Dante Murena added to party Dragon Global Holdings, LLC(pty:3pd), Attorney Kenneth Dante Murena added to party Cambridge Media Series, LLC(pty:3pd), Attorney Kenneth Dante Murena added to party Issue Based Media LLC(pty:3pd), Attorney Kenneth Dante Murena added to party DG DMV LLC(pty:3pd), Attorney Kenneth Dante Murena added to party Direct Market, LLC(pty:3pd), Attorney Kenneth Dante Murena added to party Bronco Holdings, LLC(pty:3pd). Replies due by 5/21/2021. (Murena, Kenneth)
May 12, 2021 Opinion or Order Filing 157 PAPERLESS ORDER: granting certain of the Defendants' motions to appear pro hac vice. #153 , #154 , #155 . Attorneys John T. Zach, Matthew L. Schwartz, and Sabina Mariella are given permission to appear and participate in this matter on behalf of the moving Defendants. The Clerk is directed to provide these attorneys with notifications of all electronic filings via the e-mail addresses set forth in their respective motions. Signed by Judge Robert N. Scola, Jr. (sda)
May 12, 2021 Opinion or Order Filing 156 PAPERLESS ORDER: granting certain of the Defendants' motions to appear pro hac vice. #149 , #150 , #151 , #152 . Attorneys William Oxley, Thomas Donaho, Mark DeLaquil, and Meghan Rohling Kelly are given permission to appear and participate in this matter on behalf of the moving Defendants. The Clerk is directed to provide these attorneys with notifications of all electronic filings via the e-mail addresses set forth in their respective motions. Signed by Judge Robert N. Scola, Jr. (sda)
May 12, 2021 Opinion or Order Filing 155 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sabina Mariella. Filing Fee $ 200.00 Receipt # AFLSDC-14681862 by Dragon Global Holdings LLC, Dragon Global LLC, Dragon Global Management LLC, Robert Zangrillo. Responses due by 5/26/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Louis, Marshall)
May 12, 2021 Opinion or Order Filing 154 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew L. Schwartz. Filing Fee $ 200.00 Receipt # AFLSDC-14681850 by Dragon Global Holdings LLC, Dragon Global LLC, Dragon Global Management LLC, Robert Zangrillo. Responses due by 5/26/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Louis, Marshall)
May 12, 2021 Opinion or Order Filing 153 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John T. Zach. Filing Fee $ 200.00 Receipt # AFLSDC-14681823 by Dragon Global Holdings LLC, Dragon Global LLC, Dragon Global Management LLC, Robert Zangrillo. Responses due by 5/26/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Louis, Marshall)
May 12, 2021 Opinion or Order Filing 152 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Meghan Rohling Kelly. Filing Fee $ 200.00 Receipt # AFLSDC-14681778 by Burton Katz, Brent Levison, Elisha Rothman. Responses due by 5/26/2021 (Attachments: #1 Exhibit Certification of Meghan Kelly, #2 Text of Proposed Order)(Thielhelm, Robert)
May 12, 2021 Opinion or Order Filing 151 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark DeLaquil. Filing Fee $ 200.00 Receipt # AFLSDC-14681743 by Burton Katz, Brent Levison, Elisha Rothman. Responses due by 5/26/2021 (Attachments: #1 Exhibit Certification of Mark DeLaquil, #2 Text of Proposed Order)(Thielhelm, Robert)
May 12, 2021 Opinion or Order Filing 150 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas Donaho. Filing Fee $ 200.00 Receipt # AFLSDC-14681720 by Burton Katz, Brent Levison, Elisha Rothman. Responses due by 5/26/2021 (Attachments: #1 Exhibit Certification of Thomas Donaho, #2 Text of Proposed Order)(Thielhelm, Robert)
May 12, 2021 Opinion or Order Filing 149 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William Oxley. Filing Fee $ 200.00 Receipt # AFLSDC-14681661 by Burton Katz, Brent Levison, Elisha Rothman. Responses due by 5/26/2021 (Attachments: #1 Exhibit Certification of William Oxley, #2 Text of Proposed Order)(Thielhelm, Robert)
May 12, 2021 Opinion or Order Filing 148 NOTICE of Attorney Appearance by Robert William Thielhelm, Jr on behalf of Burton Katz, Brent Levison, Elisha Rothman. Attorney Robert William Thielhelm, Jr added to party Burton Katz(pty:dft), Attorney Robert William Thielhelm, Jr added to party Brent Levison(pty:res), Attorney Robert William Thielhelm, Jr added to party Elisha Rothman(pty:res). (Thielhelm, Robert)
May 11, 2021 Opinion or Order Filing 147 PAPERLESS ORDER: granting in part the Dragon Nonparties' unopposed motion for leave to exceed the page limitations set forth in Local Rule 7.1(c)(2). #146 . In support of their motion, the Dragon Nonparties state that they intend to file a combined response to the FTC's motions for an order to show cause as to why Robert Zangrillo should not be held in contempt #137 and motion for temporary restraining order and preliminary injunction #138 for efficiency and because the issues presented in both motions overlap to some extent. While the Dragon Nonparties request 40 pages for their combined brief, the number of pages they would be able to utilize if they filed two separate briefs, the Court grants in part the Dragon Nonparties motion, granting 30 pages for their combined brief. This reduction in pages accounts for space saved by not having to recount the procedural and factual background in each brief, as well as for the space saved by not having to address overlapping issues in separate filings. The movants are free to file a subsequent motion for leave to file excess pages should they be unable to adequately brief all the issues raised in the FTC's motions, provided such motion complies with Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g.,... a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows The Court to review the proposed filing to evaluate whether excess pages are in fact necessary. Signed by Judge Robert N. Scola, Jr. (sda)
May 11, 2021 Opinion or Order Filing 146 Unopposed MOTION for Leave to File Excess Pages by Robert Zangrillo, Dragon Global LLC, Dragon Global Management LLC, Dragon Global Holdings LLC. Attorney Marshall Dore Louis added to party Robert Zangrillo(pty:res), Attorney Marshall Dore Louis added to party Dragon Global LLC(pty:res), Attorney Marshall Dore Louis added to party Dragon Global Management LLC(pty:res), Attorney Marshall Dore Louis added to party Dragon Global Holdings LLC(pty:res). (Attachments: #1 Text of Proposed Order)(Louis, Marshall)
May 4, 2021 Opinion or Order Filing 144 EXHIBITS PX18, PX23, PX25, PX26, PX33-PX48 by Federal Trade Commission. Related document: #137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt filed by Federal Trade Commission, #138 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Federal Trade Commission. (Attachments: #1 Exhibit PX18, #2 Exhibit PX23, #3 Exhibit PX25, #4 Exhibit PX26, #5 Exhibit PX33, #6 Exhibit PX34 part 1, #7 Exhibit PX34 part 2, #8 Exhibit PX34 part 3, #9 Exhibit PX35 - notice of motion to seal, #10 Exhibit PX36, #11 Exhibit PX37, #12 Exhibit PX38, #13 Exhibit PX39, #14 Exhibit PX40, #15 Exhibit PX41, #16 Exhibit PX42, #17 Exhibit PX43, #18 Exhibit PX44, #19 Exhibit PX45, #20 Exhibit PX46, #21 Exhibit PX47, #22 Exhibit PX48)(Chaudhry, Sana)
May 4, 2021 Opinion or Order Filing 143 PAPERLESS ORDER: granting the FTC's motion for leave to file documents marked confidential under temporary seal. #139 . The FTC may file sealed documents, pursuant to this order, and the Clerk shall maintain the seal for ten days, with the seal expiring at 5 p.m. on the tenth day after entry of this order. Signed by Judge Robert N. Scola, Jr. (sda)
May 4, 2021 Opinion or Order Filing 142 NOTICE of Striking #140 Notice (Other),,, filed by Federal Trade Commission by Federal Trade Commission (Chaudhry, Sana)
May 4, 2021 Opinion or Order SYSTEM ENTRY - Docket Entry 145 [misc] restricted/sealed until further notice. (1699805)
May 3, 2021 Opinion or Order Filing 141 Clerks Notice to Filer re #140 Notice (Other),,,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Exhibits, found under Other Filings, Trial Documents. AND Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules and using the Correct Event. (ls)
April 30, 2021 Opinion or Order Filing 140 "STRICKEN" NOTICE by Federal Trade Commission re #137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt, #139 MOTION to Seal Documents Marked Confidential Under Temporary Seal per Local Rule 5.4, #138 MOTION for Temporary Restraining Order and Preliminary Injunction Exhibits in Support (Attachments: #1 PX18, #2 PX23, #3 PX25, #4 PX26, #5 PX33, #6 PX34 part 1, #7 PX34 part 2, #8 PX34 part 3, #9 PX35 - notice of motion to seal, #10 PX36, #11 PX37, #12 PX38, #13 PX39, #14 PX40, #15 PX41, #16 PX42, #17 PX43, #18 PX44, #19 PX45, #20 PX46, #21 PX47, #22 PX48) (Waldrop, Sarah) Modified on 5/5/2021 (ls). (per DE #142)
April 30, 2021 Opinion or Order Filing 139 MOTION to Seal Documents Marked Confidential Under Temporary Seal per Local Rule 5.4 by Federal Trade Commission. (Attachments: #1 Text of Proposed Order) (Erickson, Christopher)
April 30, 2021 Opinion or Order Filing 138 MOTION for Temporary Restraining Order and Preliminary Injunction by Federal Trade Commission. Responses due by 5/14/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Text of Proposed Order)(Waldrop, Sarah)
April 30, 2021 Opinion or Order Filing 137 MOTION for Order to Show Cause Why Robert Zangrillo, Brent Levison, and Elisha Rothman Should Not Be Held in Contempt by Federal Trade Commission. Attorney Sana Chaudhry added to party Federal Trade Commission(pty:pla). (Attachments: #1 Text of Proposed Order)(Chaudhry, Sana)
February 14, 2020 Opinion or Order Filing 136 ORDER granting #135 Motion for Order to Show Cause. Signed by Judge Robert N. Scola, Jr. on 2/14/2020. See attached document for full details. (ls)
February 12, 2020 Opinion or Order Filing 135 MOTION for Order to Show Cause Why Defendants Should Not Be Held in Contempt by Federal Trade Commission. Attorney Sarah Waldrop added to party Federal Trade Commission(pty:pla). (Attachments: #1 Affidavit PX1 with Atts A-Z, #2 Exhibit PX1 Atts AA-AZ, #3 Exhibit PX1 Atts BA-BJ, #4 Affidavit PX2, #5 Affidavit PX3, #6 Affidavit PX4, #7 Affidavit PX5, #8 Affidavit PX6, #9 Affidavit PX7, #10 Exhibit PX8, #11 Exhibit PX9, #12 Exhibit PX10, #13 Exhibit PX11 Part 1, #14 Exhibit PX11 Part 2, #15 Exhibit PX12 Part 1, #16 Exhibit PX12 Part 2, #17 Exhibit PX13, #18 Affidavit PXs 14-17, #19 Text of Proposed Order)(Waldrop, Sarah)
October 16, 2014 Opinion or Order Filing 134 ORDER granting #130 Motion for Voluntary Dismissal as to Defendants Joshua Greenberg and Scott Modist. Signed by Judge Robert N. Scola, Jr. on 10/16/2014. (lls)
October 16, 2014 Opinion or Order Filing 133 ORDER granting #129 Motion and Entering Final Judgment as to Defendants Worldwide Commerce Associates, LLC, Firebrand Group, S.L., LLC, and Mathew Beucler. Signed by Judge Robert N. Scola, Jr. on 10/16/2014. (lls)
October 16, 2014 Opinion or Order Filing 132 ORDER granting #128 Motion and Entering Final Judgment as to Defendants Burton Katz and Jonathan Smyth. Signed by Judge Robert N. Scola, Jr. on 10/16/2014. (lls)
October 16, 2014 Opinion or Order Filing 131 ORDER granting #127 Motion and Entering Final Judgment as to Defendants Acquinity Interactive, LLC, 7657030 Canada, Inc., Garry Jones, Gregory Van Horn, Revenue Path E-Consulting Private, LTD., Revenuepath Limited, and Sarita Somani. Signed by Judge Robert N. Scola, Jr. on 10/16/2014. (lls)
October 9, 2014 Opinion or Order Filing 130 MOTION for voluntary dismissal with prejudice of Defendants Joshua Greenberg and Scott Modist, and joint stipulation for each party to bear its own costs and attorney's fees by Federal Trade Commission. (Wernikoff, Steven)
October 9, 2014 Opinion or Order Filing 129 Joint MOTION for entry of stipulated final judgment and order for permanent injunction as to Defendants Worldwide Commerce Associates, LLC, Firebrand Group, S.L., LLC, and Matthew Beucler by Federal Trade Commission. (Attachments: #1 Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief as to Defendants Worldwide Commerce Associates, LLC, Firebrand Group, S.L., LLC, and Matthew Beucler)(Wernikoff, Steven)
October 9, 2014 Opinion or Order Filing 128 Joint MOTION for entry of stipulated final judgment and order for permanent injunction as to Defendants Burton Katz and Jonathan Smyth by Federal Trade Commission. (Attachments: #1 Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief as to Defendants Burton Katz and Jonathan Smyth)(Wernikoff, Steven)
October 9, 2014 Opinion or Order Filing 127 Joint MOTION for entry of stipulated final judgment and order for permanent injunction as to Defendants Acquinity Interactive, LLC, 7657030 Canada, Inc., Garry Jonas, Gregory Van Horn, Revenue Path E-Consulting Private, Ltd., Revenuepath Limited, and Sarita Somani by Federal Trade Commission. (Attachments: #1 Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief as to Defendants Acquinity Interactive, LLC, 7657030 Canada, Inc., Garry Jonas, Gregory Van Horn, Revenue Path E-Consulting Private, Ltd., Revenuepath Limited, and Sarita Somani)(Wernikoff, Steven)
October 8, 2014 Opinion or Order Filing 126 NOTICE of Attorney Appearance by Peter W. Homer on behalf of Scott Modist. Attorney Peter W. Homer added to party Scott Modist(pty:dft). (Homer, Peter)
September 3, 2014 Opinion or Order Filing 125 ORDER CLOSING CASE upon Notice of Settlement: Stipulation of Final Dismissal or a Motion for Dismissal due by 11/3/2014. Signed by Judge Robert N. Scola, Jr. on 9/3/2014. (ls)
September 3, 2014 Opinion or Order Civil Case Terminated. Closing Case. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
August 28, 2014 Opinion or Order Filing 124 Agreed MOTION to Stay Proceedings and Applicable Deadlines Pending Federal Trade Commission Formal Review of Settlement by Federal Trade Commission. Responses due by 9/15/2014 (Wernikoff, Steven)
August 14, 2014 Opinion or Order Filing 123 ANSWER and Affirmative Defenses to Amended Complaint by Joshua Greenberg. (Epstein, Richard)
August 5, 2014 Opinion or Order Filing 122 ANSWER to Amended Complaint by Gregory Van Horn. (Jeffrey, Douglas)
July 24, 2014 Opinion or Order Filing 121 PAPERLESS ORDER: The Court grants #120 Unopposed Motion for Extension of Time to Respond to Amended Complaint. The deadline for Defendant Joshua Greenberg to respond to the Amended Complaint is extended to August 14, 2014. Signed by Judge Robert N. Scola, Jr. (aki)
July 22, 2014 Opinion or Order Filing 120 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re #88 Amended Complaint, by Joshua Greenberg. Attorney Richard Wayne Epstein added to party Joshua Greenberg(pty:dft). (Attachments: #1 Text of Proposed Order)(Epstein, Richard)
July 21, 2014 Opinion or Order Filing 119 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 7/21/2014 re #100 MOTION to Compel Compliance with Subpoenas to Edison Marketing, LLC, Maxsavingsclub, LLC, RR Labs, LLC, Unique Consulting Group, Inc., Vitapure Labs, LLC, Zivair Holdings, LLC filed by Federal Trade Commission, #101 MOTION to Compel Compliance with Subpoena Issued to Sierra Vista Management Company, LLC filed by Federal Trade Commission. APPEARANCES: FOR THE PLAINTIFF - STEVEN WERNIKOFF, ESQ. AND MATTHEW WERNZ, ESQ.; FOR NON-PARTIES - EDISON MARKETING, MAXSAVINGSCLUB, RR LABS, UNIQUE CONSULTING GROUP, VITAPURE LABS, ZIVAIR HOLDINGS AND SIERRA VISTA MANAGEMENT COMPANY - RICHARD EPSTEIN, ESQ. (Digital 15:06:09.) (sl)
July 21, 2014 Opinion or Order Filing 118 ORDER granting #100 Motion to Compel; granting in part and denying in part #101 Motion to Compel. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/21/2014. (ahd)
July 18, 2014 Opinion or Order Filing 117 PAPERLESS ORDER: The Court grants #115 Unopposed Motion for Extension of Time. The Court extends the deadline for defendant Gregory Van Horn to respond to the Amended Complaint to August 13, 2014. Signed by Judge Robert N. Scola, Jr. (aki)
July 18, 2014 Opinion or Order Filing 116 PAPERLESS ORDER granting #113 Agreed Motion to Hold July 21 Hearing by Telephone. Counsel for Plaintiff shall be responsible for placing a conference call to (305) 523-5740 at the appointed time. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/18/2014. (ahd)
July 18, 2014 Opinion or Order Filing 115 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re #88 Amended Complaint, by Gregory Van Horn. (Attachments: #1 Exhibit Proposed Agreed Order Granting Extension)(Jeffrey, Douglas)
July 18, 2014 Opinion or Order Filing 114 NOTICE of Attorney Appearance by Douglas Jason Jeffrey on behalf of Gregory Van Horn. Attorney Douglas Jason Jeffrey added to party Gregory Van Horn(pty:dft). (Jeffrey, Douglas)
July 18, 2014 Opinion or Order Filing 113 Agreed MOTION To Hold July 21 Hearing By Telephone re #103 Order Setting Hearing on Motion, Set Motion and R&R Deadlines/Hearings,, by Federal Trade Commission. (Wernz, Matthew)
July 17, 2014 Opinion or Order Filing 112 REPLY to Response to Motion re #101 MOTION to Compel Compliance with Subpoena Issued to Sierra Vista Management Company, LLC filed by Federal Trade Commission. (Wernz, Matthew)
July 17, 2014 Opinion or Order Filing 111 REPLY to Response to Motion re #100 MOTION to Compel Compliance with Subpoenas to Edison Marketing, LLC, Maxsavingsclub, LLC, RR Labs, LLC, Unique Consulting Group, Inc., Vitapure Labs, LLC, Zivair Holdings, LLC filed by Federal Trade Commission. (Wernz, Matthew)
July 17, 2014 Opinion or Order Filing 110 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Jonathan Smyth waiver sent on 6/18/2014, answer due 8/18/2014. (Wernikoff, Steven)
July 17, 2014 Opinion or Order Filing 109 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Burton Katz waiver sent on 6/18/2014, answer due 8/18/2014. (Wernikoff, Steven)
July 10, 2014 Opinion or Order Filing 108 RESPONSE in Opposition re #100 MOTION to Compel Compliance with Subpoenas to Edison Marketing, LLC, Maxsavingsclub, LLC, RR Labs, LLC, Unique Consulting Group, Inc., Vitapure Labs, LLC, Zivair Holdings, LLC filed by Edison Marketing, LLC, Maxsavingsclub, LLC, RR Labs, LLC, Unique Consulting Group, Inc., Vitapure Labs, LLC, Zivair Holdings, LLC. Attorney Richard Wayne Epstein added to party Edison Marketing, LLC(pty:ip), Attorney Richard Wayne Epstein added to party Maxsavingsclub, LLC(pty:ip), Attorney Richard Wayne Epstein added to party RR Labs, LLC(pty:ip), Attorney Richard Wayne Epstein added to party Unique Consulting Group, Inc.(pty:ip), Attorney Richard Wayne Epstein added to party Vitapure Labs, LLC(pty:ip), Attorney Richard Wayne Epstein added to party Zivair Holdings, LLC(pty:ip). (Epstein, Richard)
July 10, 2014 Opinion or Order Filing 107 RESPONSE in Opposition re #101 MOTION to Compel Compliance with Subpoena Issued to Sierra Vista Management Company, LLC filed by Sierra Vista Management Company, LLC. Attorney Richard Wayne Epstein added to party Sierra Vista Management Company, LLC(pty:ip). (Epstein, Richard)
July 9, 2014 Opinion or Order Filing 106 SUMMONS (Affidavit) Returned Executed on #88 Amended Complaint, with a 21 day response/answer filing deadline by Federal Trade Commission. Gregory Van Horn served on 7/3/2014, answer due 7/24/2014. (Wernikoff, Steven)
July 9, 2014 Opinion or Order Filing 105 SUMMONS (Affidavit) Returned Executed on #88 Amended Complaint, with a 21 day response/answer filing deadline by Federal Trade Commission. Joshua Greenberg served on 7/3/2014, answer due 7/24/2014. (Wernikoff, Steven)
July 9, 2014 Opinion or Order Filing 104 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Scott Modist waiver sent on 7/1/2014, answer due 9/2/2014. (Wernikoff, Steven)
July 3, 2014 Opinion or Order Filing 103 ORDER Setting Hearing on #100 MOTION to Compel; and #101 MOTION to Compel. Motion Hearing is set for 7/21/2014 at 3:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Responses are due by 7/10/2014, Replies are due by 7/17/2014. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/3/2014. (lf00)
July 3, 2014 Opinion or Order Filing 102 CERTIFICATION AND TRANSFER TO MAGISTRATE JUDGE. Pursuant to Administrative Order 2014-64, the undersigned certifies that the above-captioned case presently has no referred, fully briefed pending motions and is therefore ready to be transferred to Magistrate Judge Alicia Otazo-Reyes, as the newly Paired Magistrate Judge to the Honorable Robert N. Scola, Jr. The Clerk of Court shall transfer the Magistrate Judge assignment for this case to Magistrate Judge Otazo-Reyes. Signed by Magistrate Judge Alicia O. Valle on 7/3/2014. (sd01)
July 3, 2014 Opinion or Order Magistrate Judge Alicia M. Otazo-Reyes added. Magistrate Judge Alicia O. Valle no longer assigned to case. Motions referred to Alicia M. Otazo-Reyes. (mf)
July 2, 2014 Opinion or Order Filing 101 MOTION to Compel Compliance with Subpoena Issued to Sierra Vista Management Company, LLC by Federal Trade Commission. Responses due by 7/21/2014 (Attachments: #1 Exhibit A -- Subpoena to Sierra Vista Management Company, LLC, #2 Exhibit B -- Sierra Vista Management Company, LLC's Objections and Responses to Subpoena, #3 Exhibit C -- Relevant contracts, #4 Exhibit D -- Emails between counsel pursuant to F.R.C.P. 37 and L.R. 7.1(a)(3))(Wernz, Matthew)
July 2, 2014 Opinion or Order Filing 100 MOTION to Compel Compliance with Subpoenas to Edison Marketing, LLC, Maxsavingsclub, LLC, RR Labs, LLC, Unique Consulting Group, Inc., Vitapure Labs, LLC, Zivair Holdings, LLC by Federal Trade Commission. Responses due by 7/21/2014 (Attachments: #1 Exhibit Subpoena to Edison Marketing, LLC, #2 Exhibit Edison Marketing, LLC's Objections and Responses to Subpoena, #3 Exhibit Subpoena to Maxsavingsclub, LLC, #4 Exhibit Maxsavingsclub, LLC's Objections and Responses to Subpoena, #5 Exhibit Subpoena to RR Labs, LLC, #6 Exhibit RR Labs, LLC's Objections and Responses to Subpoena, #7 Exhibit Subpoena to Unique Consulting Group, Inc., #8 Exhibit Unique Consulting Group, Inc.'s Objections and Responses to Subpoena, #9 Exhibit Subpoena to Vitapure Labs, LLC, #10 Exhibit Vitapure Labs, LLC's Objections and Responses to Subpoena, #11 Exhibit Subpoena to Zivair Holdings, LLC, #12 Exhibit Zivair Holdings, LLC's Objections and Responses to Subpoena, #13 Exhibit Emails between counsel pursuant to F.R.C.P. 37 and L.R. 7.1(a)(3))(Wernz, Matthew)
June 30, 2014 Opinion or Order Filing 98 ANSWER and Affirmative Defenses to Amended Complaint by Matthew Beucler. Attorney Jeffrey Aaron Backman added to party Matthew Beucler(pty:dft). (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 97 ANSWER and Affirmative Defenses to Amended Complaint by Firebrand Group, S.L., LLC. Attorney Jeffrey Aaron Backman added to party Firebrand Group, S.L., LLC(pty:dft). (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 96 ANSWER and Affirmative Defenses to Amended Complaint by Garry Jonas. (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 95 ANSWER and Affirmative Defenses to Amended Complaint by Worldwide Commerce Associates, LLC. (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 94 ANSWER and Affirmative Defenses to Amended Complaint by Sarita Somani. (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 93 ANSWER and Affirmative Defenses to Amended Complaint by Revenue Path E-Consulting Private, Limited, Revenuepath Limited. (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 92 ANSWER and Affirmative Defenses to Amended Complaint by 7657030 Canada, Inc., Acquinity Interactive, LLC. (Backman, Jeffrey)
June 30, 2014 Opinion or Order Filing 91 NOTICE of Filing Discovery: Non Party Written Responses and Objections to the Federal Trade Commissions's Subpoena to Produce by Richard E. Doran.(Doran, Richard)
June 27, 2014 Opinion or Order Filing 99 Minute Entry for proceedings held before Judge Kathleen M. Williams: Motion Hearing held on 6/27/2014. The Court heard arguments on Defendant Illinois Union Insurance Co.'s Motion to Dismiss [DE 14] and Defendant Mast Biosurgery, Inc.'s Motion to Dismiss [DE 17]. A written order will follow. Counsel of Record present at hearing.. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov (ag)
June 17, 2014 Opinion or Order Filing 90 Summons Issued as to Joshua Greenberg, Burton Katz, Scott Modist, Jonathan Smyth, Gregory Van Horn. (tpl)
June 16, 2014 Opinion or Order Filing 89 NOTICE of Filing Proposed Summons(es) by Federal Trade Commission (Attachments: #1 Summon(s) to Defendant Joshua Greenberg, #2 Summon(s) to Defendant Burton Katz, #3 Summon(s) to Defendant Scott Modist, #4 Summon(s) to Defendant Jonathan Smyth, #5 Summon(s) to Defendant Gregory Van Horn)(Wernz, Matthew)
June 16, 2014 Opinion or Order Filing 88 AMENDED COMPLAINT for Permanent Injunction and Other Equitable Relief against All Defendants filed in response to Order Granting Motion for Leave, filed by Federal Trade Commission. (Attachments: #1 Certificate of Service)(Wernikoff, Steven)
June 12, 2014 Opinion or Order Filing 87 STATUS REPORT -- Interim Joint Status Report by Federal Trade Commission (Wernikoff, Steven)
June 10, 2014 Opinion or Order Filing 86 PAPERLESS ORDER granting #85 Plaintiff Federal Trade Commission's Motion for Leave to file its Amended Complaint for Permanent Injunction and Other Equitable Relief. Plaintiff Federal Trade Commission may file its Amended Complaint by June 17, 2014. The Court reminds Plaintiff that Local Rule 15.1 states "[w]hen a motion to amend is granted, the amended pleading shall be separately filed and served[.]" Signed by Judge Robert N. Scola, Jr. (aki)
June 9, 2014 Opinion or Order Filing 85 MOTION for Leave to File Amended Complaint for Permanent Injunction and Other Equitable Relief by Federal Trade Commission. (Attachments: #1 Attachment A -- Amended Complaint for Permanent Injunction and Other Equitable Relief, #2 Attachment B -- Proposed Order)(Wernikoff, Steven)
June 6, 2014 Opinion or Order Filing 84 PAPERLESS ORDER granting in part #83 Renewed Second Agreed Motion to Extend Deadline to Join Additional Parties or to Amend Pleadings. The deadline to join parties or amend pleadings is extended to Monday, June 9, 2014. The Court also notes that repeatedly e-mailing Court personnel about a pending motion is inappropriate. Signed by Judge Robert N. Scola, Jr. (aki)
June 6, 2014 Opinion or Order Filing 83 Agreed MOTION for Extension of Time join additional parties or to amend pleadings Renewed Second Agreed Motion to Extend Deadline by 7657030 Canada, Inc., Acquinity Interactive, LLC, Matthew Beucler, Firebrand Group, S.L., LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC. Responses due by 6/23/2014 (Attachments: #1 Proposed Order)(Epstein, Richard)
June 5, 2014 Opinion or Order Filing 82 PAPERLESS ORDER denying #81 Agreed Motion for Extension of Time to Extend Deadline to Join Additional Parties or Amend Pleadings. On February 11, 2014, the Court entered a #72 Scheduling Order, setting May 16, 2014 as the deadline to join additional parties and amend the pleadings. The parties moved to extend the deadline to join additional parties and amend the pleadings, informing the Court that they believed an extension would aid settlement negotiations. The Court granted the motion and extended the deadline to June 6, 2014. The parties seek an additional 3-week extension for the same reason. The parties have failed to show any good cause for extending the deadline any further,and it does not appear that the first extension in any way assisted ongoing settlement negotiations. The Court expects parties to continue to litigate pending cases, regardless of whether they are simultaneously engaging in settlement negotiations. Signed by Judge Robert N. Scola, Jr. (aki)
June 4, 2014 Opinion or Order Filing 81 Agreed MOTION for Extension of Time to Extend Deadline to Join Additional Parties or to Amend Pleadings re #72 Scheduling Order, Order Referring Case to Mediation,,,, by 7657030 Canada, Inc., Acquinity Interactive, LLC, Matthew Beucler, Firebrand Group, S.L., LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC. Responses due by 6/23/2014 (Attachments: #1 Text of Proposed Order)(Epstein, Richard)
May 16, 2014 Opinion or Order Filing 80 PAPERLESS ORDER granting #79 Motion for Extension of Time to Extend the Deadline to Join Additional Parties or to Amend the Pleadings.The deadline set forth in the Scheduling Order And Order Of Referral To Mediation for the deadline to join additional parties or to amend the pleadings is hereby extended to June 6, 2014. Amended Pleadings due by 6/6/2014. Joinder of Parties due by 6/6/2014. Signed by Judge Robert N. Scola, Jr on 5/16/2014. (jh)
May 16, 2014 Opinion or Order Filing 79 Agreed MOTION for Extension of Time to Extend Deadline to Join Additional Parties or to Amend Pleadings re #72 Scheduling Order, Order Referring Case to Mediation,,,, by 7657030 Canada, Inc., Acquinity Interactive, LLC, Matthew Beucler, Firebrand Group, S.L., LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Sarita Somani, Worldwide Commerce Associates, LLC. Responses due by 6/2/2014 (Attachments: #1 Text of Proposed Order)(Epstein, Richard)
March 5, 2014 Opinion or Order Filing 78 ANSWER and Affirmative Defenses to Complaint by Garry Jonas. (Epstein, Richard)
March 5, 2014 Opinion or Order Filing 77 ANSWER and Affirmative Defenses to Complaint by Worldwide Commerce Associates, LLC. (Epstein, Richard)
March 5, 2014 Opinion or Order Filing 76 ANSWER and Affirmative Defenses to Complaint by Sarita Somani. (Epstein, Richard)
March 5, 2014 Opinion or Order Filing 75 ANSWER and Affirmative Defenses to Complaint by 7657030 Canada, Inc., Acquinity Interactive, LLC. (Epstein, Richard)
March 5, 2014 Opinion or Order Filing 74 ANSWER and Affirmative Defenses to Complaint by Revenue Path E-Consulting Private, Limited, Revenuepath Limited. (Epstein, Richard)
March 5, 2014 Opinion or Order Filing 73 ANSWER and Affirmative Defenses to Complaint by 7657030 Canada, Inc., Acquinity Interactive, LLC. (Epstein, Richard)
February 11, 2014 Opinion or Order Filing 72 SCHEDULING ORDER and ORDER REFERRING CASE to Mediation: ( Trial set for 8/10/2015 before Judge Robert N. Scola Jr.., Calendar Call set for 8/4/2015 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Amended Pleadings due by 5/16/2014., Expert Discovery due by 4/24/2015., Fact Discovery due by 2/13/2015., Joinder of Parties due by 5/16/2014., In Limine Motions due by 6/5/2015., Dispositive Motions due by 5/1/2015., Pretrial Motions due by 6/5/2015., Joint Pretrial Stipulation due by 7/2/2015., Joint Interim Status Report due by 6/13/2014.), Mediation Deadline 3/20/2015. Signed by Judge Robert N. Scola, Jr on 2/11/2014. (tpl)
February 11, 2014 Opinion or Order Filing 71 ORDER granting #70 Motion to Withdraw as Counsel. Attorney Ari Nicholas Rothman terminated. Signed by Judge Robert N. Scola, Jr on 2/11/2014. (tpl)
February 10, 2014 Opinion or Order Filing 70 Agreed MOTION to Withdraw as Attorney Motion to Substitute Attorneys of Record by Richard W. Epstein. by Matthew Beucler, Firebrand Group, S.L., LLC. Attorney Richard Wayne Epstein added to party Matthew Beucler(pty:dft), Attorney Richard Wayne Epstein added to party Firebrand Group, S.L., LLC(pty:dft). Responses due by 2/27/2014 (Attachments: #1 Proposed Order)(Epstein, Richard)
February 7, 2014 Opinion or Order Filing 69 SCHEDULING REPORT - Rule 26(f) by Federal Trade Commission (Wernikoff, Steven)
January 31, 2014 Opinion or Order Filing 68 PAPERLESS ORDER granting #67 Motion to Withdraw as Attorneys of Record for Acquinity Interactive, LLC, 7657030 Canada, Inc., Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Worldwide Commerce Associates, LLC, and Sarita Somani. Gino L. Divito and Timothy A. Hudson's Motion to Withdraw as Attorneys of Record for Acquinity Interactive, LLC, 7657030 Canada, Inc., Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Worldwide Commerce Associates, LLC, and Sarita Somani is granted. Signed by Judge Robert N. Scola, Jr (aki)
January 30, 2014 Opinion or Order Filing 67 Unopposed MOTION to Withdraw as Attorney by Gino L. DiVito and Timothy A. Hudson. by 7657030 Canada, Inc., Acquinity Interactive, LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC. Responses due by 2/18/2014 (Attachments: #1 Text of Proposed Order)(Epstein, Richard)
January 29, 2014 Opinion or Order Filing 66 NOTICE of Attorney Appearance by Matthew H. Wernz on behalf of Federal Trade Commission. Attorney Matthew H. Wernz added to party Federal Trade Commission(pty:pla). (Wernz, Matthew)
January 24, 2014 Opinion or Order Filing 65 ORDER Requiring Discovery and Scheduling Conference, and ORDER REFERRING Discovery Matters to Magistrate Judge Alicia O. Valle. Signed by Judge Robert N. Scola, Jr on 1/24/2014. (tpl)
January 23, 2014 Opinion or Order Filing 64 Bar Letter re: Admissions sent to attorney Ari Nicholas Rothman, mailing date January 23, 2014. (ksa)
January 23, 2014 Opinion or Order Filing 63 Bar Letter re: Admissions sent to attorneys Gino L. DiVito and Timothy A. Hudson, mailing date January 23, 2014. (ksa)
January 23, 2014 Opinion or Order Filing 62 NOTICE of Attorney Appearance by John C. Hallerud on behalf of Federal Trade Commission. Attorney John C. Hallerud added to party Federal Trade Commission(pty:pla). (Hallerud, John)
January 23, 2014 Opinion or Order Filing 61 Judge Assignment to Judge Robert N. Scola, Jr (bb)
January 23, 2014 Opinion or Order Filing 60 Case transferred in from Illinois Northern; Case Number 1:13-cv-05380. Electronic file including transfer order and docket sheet received. .(bb).
January 21, 2014 Opinion or Order Filing 59 TRANSFERRED to the U.S. District Court Southern District of Florida the electronic record. (ao,)
January 6, 2014 Opinion or Order Filing 58 MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 1/6/2014. The FTC chose this district, the home forum of its investigating office, and for that reason its choice is entitled to significant consideration. That said, the balance of the other factors considered under section 1404(a) tilts significantly in favor of transfer. The Court concludes that transfer would not merely shift inconvenience from one side to the other and that the balance of convenience strongly favors transfer. For these reasons, the Court grants defendant's motion to transfer [dkt. no. 16] and directs the Clerk to transfer this case to the Southern District of Florida. Civil case terminated. Mailed notice. (pjg, )
December 17, 2013 Opinion or Order Filing 57 MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing set for 12/18/2013 is vacated and will be reset, if necessary, once the Court rules on the pending motion to transfer. (mk)
December 12, 2013 Opinion or Order Filing 56 RESPONSE by Defendants Matthew Beucler, Firebrand Group, S.L., LLC to text entry, terminate hearings, set/reset hearings,,,,,,,,,,,,,,, #54 (Rothman, Ari)
December 11, 2013 Opinion or Order Filing 55 NOTICE by 7657030 Canada, Inc., Acquinity Interactive, LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC re text entry, terminate hearings, set/reset hearings,,,,,,,,,,,,,,, #54 Notice of Consent to Personal Jurisdiction and Venue (Epstein, Richard)
December 4, 2013 Opinion or Order Filing 54 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has identified a threshold issue regarding the motion to transfer that the parties have not addressed. Section 1404(a), upon which defendant Acquinity relies in the motion, provides for transfer to a district where the action might have been brought. This requires that both venue and personal jurisdiction exist in the proposed transferee district. See, e.g., Caldera Pharms., Inc. v. Los Alamos Nat'l Sec., LLC, 844 F. Supp. 2d 926, 930 (N.D. Ill. 2012) (citing Hoffman v. Blaski, 363 U.S. 335 (1960)). Acquinity has addressed venue, but not personal jurisdiction. And no defendant other than Acquinity has put on the record its position regarding the motion. Several of the defendants appear to be Florida citizens or residents, thus making it likely that both venue and personal jurisdiction exist over them in the proposed transferee district, but some are not. Before the Court will address Acquinity's motion further, defendants (all of whom have now appeared by counsel) must state whether venue and personal jurisdiction would exist over them in the proposed transferee district. The Court also directs that in the same filing, each defendant other than Acquinity is to state whether it opposes transfer. The defendants' submissions are to be made by no later than 12/12/2013. The telephone status hearing set for 12/10/2013 is vacated and reset to 12/18/2013 at 8:45 AM. (mk)
November 22, 2013 Opinion or Order Filing 53 NOTICE by Acquinity Interactive, LLC re reply to response to motion #52 to transfer venue (Hudson, Timothy)
November 21, 2013 Opinion or Order Filing 52 REPLY by Acquinity Interactive, LLC to response to motion, #45 (Attachments: #1 Exhibit Declaration, #2 Exhibit Linkedin Profile)(Epstein, Richard)
November 21, 2013 Opinion or Order Filing 51 Joint Status Report and Discovery Plan by Federal Trade Commission (Attachments: #1 Certificate of Service)(Wernikoff, Steven)
November 8, 2013 Opinion or Order Filing 50 ATTORNEY Appearance for Defendants 7657030 Canada, Inc., Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani by Gino L DiVito (DiVito, Gino)
November 8, 2013 Opinion or Order Filing 49 ATTORNEY Appearance for Defendants 7657030 Canada, Inc., Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani by Timothy A. Hudson (Hudson, Timothy)
November 8, 2013 Opinion or Order Filing 48 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 11/8/2013 with attorneys for all parties. The Court will rule on the motion to transfer by 12/5/2013. The motion to extend time to respond to the complaint #36 is granted. Telephone status hearing, to be initiated by the parties, is set for 12/10/2013 at 8:45 a.m. for the purpose of setting a discovery and pretrial schedule. Status report is to be filed by 11/22/2013. (pjg, )
November 8, 2013 Opinion or Order Filing 47 ATTORNEY Appearance for Defendants 7657030 Canada, Inc., Acquinity Interactive, LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC by Jeffrey Backman (Backman, Jeffrey)
November 8, 2013 Opinion or Order Filing 46 ATTORNEY Appearance for Defendants 7657030 Canada, Inc., Acquinity Interactive, LLC, Garry Jonas, Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani, Worldwide Commerce Associates, LLC by Richard W. Epstein (Epstein, Richard)
November 7, 2013 Opinion or Order Filing 45 RESPONSE by Federal Trade Commission to MOTION by Defendant Acquinity Interactive, LLC to transfer case #16 (Attachments: #1 Exhibit 1 -- Complaint, #2 Exhibit 2 -- McKenney Declaration, #3 Exhibit 2 -- Attachment A, #4 Exhibit 2 -- Attachment B, #5 Exhibit 2 -- Attachment C, #6 Exhibit 2 -- Attachment D, #7 Exhibit 3 -- Kossow Declaration, #8 Exhibit 3 -- Attachment A, #9 Certificate of Service)(Wernikoff, Steven)
November 7, 2013 Opinion or Order Filing 44 RESPONSE by Federal Trade Commission to MOTION by Defendants 7657030 Canada, Inc., Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani for extension of time to Respond to the Complaint Pending a Ruling on Defendant Acquinity Interactive, LLc's Motion to Tran #36 (Attachments: #1 Certificate of Service)(Wernikoff, Steven)
October 30, 2013 Opinion or Order Filing 43 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revenue Path E-Consulting Private, Limited Defendant Revenue Path E-Consulting Private, Limited Corporate Disclosure Statements (Backman, Jeffrey)
October 30, 2013 Opinion or Order Filing 42 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by 7657030 Canada, Inc. Defendant 7657030 Canada, Inc.'s Corporate Disclosure Statements (Backman, Jeffrey)
October 30, 2013 Opinion or Order Filing 41 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revenuepath Limited Defendant Revenuepath Limited's Corporate Disclosure Statements (Backman, Jeffrey)
October 24, 2013 Opinion or Order Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Firebrand Group, S.L., LLC (Rothman, Ari)
October 23, 2013 Opinion or Order Filing 39 NOTICE of Motion by Richard W. Epstein for presentment of extension of time, #36 before Honorable Matthew F. Kennelly on 11/12/2013 at 09:30 AM. (Epstein, Richard)
October 23, 2013 Opinion or Order Filing 38 STATEMENT by Defendant Worldwide Commerce Associates, LLC for disclosure Statements (Epstein, Richard)
October 23, 2013 Opinion or Order Filing 37 STATEMENT by Defendant Acquinity Interactive, LLC for disclosure Statements (Epstein, Richard)
October 23, 2013 Opinion or Order Filing 36 MOTION by Defendants 7657030 Canada, Inc., Revenue Path E-Consulting Private, Limited, Revenuepath Limited, Sarita Somani for extension of time to Respond to the Complaint Pending a Ruling on Defendant Acquinity Interactive, LLc's Motion to Transfer Venue (Epstein, Richard)
October 20, 2013 Opinion or Order Filing 35 MINUTE entry before Honorable Matthew F. Kennelly: The orders entered on the docket in this case pursuant to General Orders by the Chief Judge are hereby vacated to the extent they may be understood to extend hearing dates and deadlines in this case. The Court had previously entered an order, at the request of counsel for the FTC, that took into account the anticipated government shutdown. On the Court's motion, however, the due date for the response to defendants' motion to transfer is extended to 11/7/2013, and the due date for defendants' reply is extended to 11/21/2013. The status hearing set for 11/1/2013 is vacated and reset to 11/8/2013 at 9:00 AM. (mk)
October 17, 2013 Opinion or Order Filing 34 GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo. (td, )
October 8, 2013 Opinion or Order Filing 33 ORDER: The motions of Jeffrey Backman and Richard Epstein to appear pro hac vice are both granted (dkt. nos. #29 & #30 ). These attorneys are directed to promptly contact the Clerk's Office to establish e-filing accounts in this district. The motion hearing date of 10/9/2013 is vacated as to both motions. Signed by the Honorable Matthew F. Kennelly on 10/8/2013. Mailed notice (ao,)
October 7, 2013 Opinion or Order Filing 32 GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). "Signed by Chief Judge Castillo." Mailed notice (ao,)
October 3, 2013 Opinion or Order Filing 31 NOTICE of Motion by Timothy A. Hudson for presentment of motion to appear pro hac vice #30 , motion to appear pro hac vice #29 before Honorable Matthew F. Kennelly on 10/9/2013 at 09:30 AM. (Hudson, Timothy)
October 3, 2013 Opinion or Order Filing 30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8792554. (Epstein, Richard)
October 3, 2013 Opinion or Order Filing 29 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8792532. (Backman, Jeffrey)
October 2, 2013 Opinion or Order Filing 28 MINUTE entry before Honorable Matthew F. Kennelly: Defendants' motion to extend the time for responding to the complaint pending ruling on the motion to transfer #18 is granted, though the Court reserves the right to alter this ruling at or following the rescheduled initial scheduling conference. Defendants' motion to reset the scheduling conference and plaintiff's motion to reset that conference [23 & 25] are granted; the initial conference is reset to 11/1/2013 at 9:00 a.m., in chambers (Room 2188). The parties are directed to comply with Judge Kennelly's initial standing order prior to the conference. The Court advises that because it is likely the case will be pending in federal court either here or in Florida, it is unlikely that the Court will defer discovery. Response to motion to transfer is to be filed by 10/31/2013. Reply to response is to be filed by 11/14/2013. (mk)
October 1, 2013 Opinion or Order Filing 27 ATTORNEY Appearance for Defendants Acquinity Interactive, LLC, Garry Jonas, Worldwide Commerce Associates, LLC by Gino L DiVito (DiVito, Gino)
October 1, 2013 Opinion or Order Filing 26 NOTICE of Motion by Steven M. Wernikoff for presentment of motion for miscellaneous relief #25 before Honorable Matthew F. Kennelly on 10/9/2013 at 09:30 AM. (Attachments: #1 Certificate of Service)(Wernikoff, Steven)
October 1, 2013 Opinion or Order Filing 25 MOTION by Plaintiff Federal Trade Commission For Continuance of Pending Court Appearances Because of U.S. Government Cessation (Attachments: #1 Certificate of Service)(Wernikoff, Steven)
September 30, 2013 Opinion or Order Filing 24 NOTICE of Motion by Ari Nicholas Rothman for presentment of motion to reset #23 before Honorable Matthew F. Kennelly on 10/3/2013 at 09:30 AM. (Rothman, Ari)
September 30, 2013 Opinion or Order Filing 23 MOTION by Defendants Matthew Beucler, Firebrand Group, S.L., LLC to reset October 9, 2013, Status Hearing (Attachments: #1 Exhibit 1)(Rothman, Ari)
September 30, 2013 Opinion or Order Filing 22 ANSWER to Complaint by Firebrand Group, S.L., LLC(Rothman, Ari)
September 30, 2013 Opinion or Order Filing 21 ANSWER to Complaint by Matthew Beucler(Rothman, Ari)
September 30, 2013 Opinion or Order Filing 20 ATTORNEY Appearance for Defendants Matthew Beucler, Firebrand Group, S.L., LLC by Ari Nicholas Rothman (Rothman, Ari)
September 30, 2013 Opinion or Order Filing 19 NOTICE of Motion by Timothy A. Hudson for presentment of extension of time #18 before Honorable Matthew F. Kennelly on 10/9/2013 at 09:30 AM. (Hudson, Timothy)
September 30, 2013 Opinion or Order Filing 18 MOTION by Defendants Acquinity Interactive, LLC, Garry Jonas, Worldwide Commerce Associates, LLC for extension of time (Hudson, Timothy)
September 30, 2013 Opinion or Order Filing 17 NOTICE of Motion by Timothy A. Hudson for presentment of motion to transfer case #16 before Honorable Matthew F. Kennelly on 10/9/2013 at 09:30 AM. (Hudson, Timothy)
September 30, 2013 Opinion or Order Filing 16 MOTION by Defendant Acquinity Interactive, LLC to transfer case (Attachments: #1 Exhibit A)(Hudson, Timothy)
September 30, 2013 Opinion or Order Filing 15 MOTION by Defendant Acquinity Interactive, LLC to transfer case (Hudson, Timothy)
September 30, 2013 Opinion or Order Filing 14 ATTORNEY Appearance for Defendants Acquinity Interactive, LLC, Garry Jonas, Worldwide Commerce Associates, LLC by Timothy A. Hudson (Hudson, Timothy)
September 16, 2013 Opinion or Order Filing 13 WAIVER OF SERVICE returned executed by Federal Trade Commission. Sarita Somani waiver sent on 7/31/2013, answer due 10/29/2013. (Wernikoff, Steven)
September 10, 2013 Opinion or Order Filing 12 MINUTE entry before Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 10/9/2013 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/home/Judges.aspx. Counsel for plaintiff(s) are ordered to cause a copy of this order to be mailed forthwith to each defendant or its counsel of record. (mk)
September 9, 2013 Opinion or Order Filing 11 WAIVER OF SERVICE returned executed by Federal Trade Commission. Worldwide Commerce Associates, LLC waiver sent on 7/31/2013, answer due 9/30/2013. (Wernikoff, Steven)
September 9, 2013 Opinion or Order Filing 10 WAIVER OF SERVICE returned executed by Federal Trade Commission. Revenuepath Limited waiver sent on 7/31/2013, answer due 10/29/2013. (Wernikoff, Steven)
September 9, 2013 Opinion or Order Filing 9 WAIVER OF SERVICE returned executed by Federal Trade Commission. Revenue Path E-Consulting Private, Limited waiver sent on 7/31/2013, answer due 10/29/2013. (Wernikoff, Steven)
September 6, 2013 Opinion or Order Filing 8 WAIVER OF SERVICE returned executed by Federal Trade Commission. Matthew Beucler waiver sent on 7/31/2013, answer due 9/30/2013. (Wernikoff, Steven)
September 6, 2013 Opinion or Order Filing 7 WAIVER OF SERVICE returned executed by Federal Trade Commission. Firebrand Group, S.L., LLC waiver sent on 7/31/2013, answer due 9/30/2013. (Wernikoff, Steven)
September 6, 2013 Opinion or Order Filing 6 WAIVER OF SERVICE returned executed by Federal Trade Commission. 7657030 Canada, Inc. waiver sent on 7/31/2013, answer due 10/29/2013. (Wernikoff, Steven)
September 6, 2013 Opinion or Order Filing 5 WAIVER OF SERVICE returned executed by Federal Trade Commission. Garry Jonas waiver sent on 7/31/2013, answer due 9/30/2013. (Wernikoff, Steven)
September 6, 2013 Opinion or Order Filing 4 WAIVER OF SERVICE returned executed by Federal Trade Commission. Acquinity Interactive, LLC waiver sent on 7/31/2013, answer due 9/30/2013. (Wernikoff, Steven)
July 29, 2013 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff Federal Trade Commission by Steven M. Wernikoff (Wernikoff, Steven)
July 29, 2013 Opinion or Order Filing 2 CIVIL Cover Sheet (Wernikoff, Steven)
July 29, 2013 Opinion or Order Filing 1 COMPLAINT filed by Federal Trade Commission; (Wernikoff, Steven)
July 29, 2013 Opinion or Order CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Young B. Kim. (jn, )

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Search for this case: Federal Trade Commission v. Acquinity Interactive, LLC et al
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Defendant: Burton Katz
Represented By: Thomas Donaho
Represented By: Robert William Thielhelm, Jr.
Represented By: Meghan Rohling Kelly
Represented By: William W. Oxley
Represented By: Mark DeLaquil
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Defendant: Worldwide Commerce Associates, LLC a Nevada limited liability company doing business as WCA
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: 7657030 Canada, Inc. a Canadian corporation doing business as Acquinity Interactive
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: Firebrand Group, S.L., LLC
Represented By: Jeffrey Aaron Backman
Represented By: Ari Nicholas Rothman
Represented By: Richard Wayne Epstein
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Defendant: Sarita Somani
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: Acquinity Interactive, LLC
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: Gregory Van Horn
Represented By: Douglas Jason Jeffrey
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Defendant: Matthew Beucler
Represented By: Jeffrey Aaron Backman
Represented By: Ari Nicholas Rothman
Represented By: Richard Wayne Epstein
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Defendant: Garry Jonas
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: Scott Modist
Represented By: Peter W. Homer
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Defendant: Jonathan Smyth
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Defendant: Joshua Greenberg
Represented By: Richard Wayne Epstein
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Defendant: Revenue Path E-Consulting Private, Limited
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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Defendant: Revenuepath Limited
Represented By: Richard Wayne Epstein
Represented By: Timothy A. Hudson
Represented By: Gino L. DiVito
Represented By: Jeffrey Aaron Backman
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3rd party defendant: DG DMV LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: Cambridge Media Series, LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: On Point Guides, LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: Bronco Holdings, LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: On Point Employment LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: Issue Based Media LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: Direct Market, LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: On Point Global LLC
Represented By: Kenneth Dante Murena
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3rd party defendant: Dragon Global Holdings, LLC
Represented By: Kenneth Dante Murena
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Plaintiff: Federal Trade Commission
Represented By: Sarah Waldrop
Represented By: Christopher J. Erickson
Represented By: Sana Chaudhry
Represented By: Steven M. Wernikoff
Represented By: Matthew H. Wernz
Represented By: John C. Hallerud
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