Federal Trade Commission v. Hornbeam Special Situations, LLC et al
| Federal Trade Commission |
| Earl G. Robinson, Keith Merrill, Mark Ward, clickXchange Media, LLC, Jerry L. Robinson, Platinum Online Group,LLC, Gyroscope Management Holdings, LLC, Dale Paul Cleveland, iStream Financial Services, Inc., Hornbeam Special Situations, LLC, EDebitPay,LLC, Cardinal Points Management, LLC, Kris Axberg, James McCarter, Cardinal Points Holdings, LLC, William R. Wilson, Richard Joachim, Chet Andrews, Patricia Brandmeier Robinson, Guadalupe L. Andrews, Cardinal Points Management, LLC doing business as Clear Compass Digital Group and Platinum Online Group,LLC doing business as Premier Membership Clubs |
| Guadlupe Leticia Gallegos Andrews |
| 1:2017cv03094 |
| August 15, 2017 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Timothy C Batten |
| William M Ray |
| Other Statutory Actions |
| 15 U.S.C. § 0053 Federal Trade Commission Act |
| Defendant |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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| Clerk's Certificate of Mailing as to Mark Ward re #480 Order (jpa) |
Filing 480
ORDER GRANTING the #476 Motion to terminate Storage of Hornbeam Records. Signed by Judge William M. Ray, II on 10/2/23. (jpa)
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| Submission of #476 MOTION for Order to Terminate Storage of Hornbeam Records, to District Judge William M. Ray II. (sll) |
| Filing 479 RESPONSE in Support re #476 MOTION for Order to Terminate Storage of Hornbeam Records filed by James McCarter. (Buhay, William) |
| Filing 478 RESPONSE re #476 MOTION for Order to Terminate Storage of Hornbeam Records filed by Federal Trade Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brown, Philip) |
| Filing 477 NOTICE OF TRIAL. Jury Trial is set for 1/10/2024 at 9:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on this 15th day of May, 2023. (pdt) |
| Clerk's Certificate of Mailing as to Mark Ward re #477 Notice of Trial. (pdt) |
| Filing 476 MOTION for Order to Terminate Storage of Hornbeam Records with Brief In Support by James McCarter. (Attachments: #1 Exhibit Exh 1-Ward Depo Excerpts, #2 Exhibit Exh 2-Sep 27 2018 Park Email, #3 Exhibit Exh 3-Apr 13 2022 Buhay Email, #4 Exhibit Exh 4-Mar 23 2023 Buhay Email, #5 Text of Proposed Order Exh 5-Proposed Order)(Buhay, William) |
| Filing 475 Request for Leave of Absence for the following date(s): Jun 30-Jul 10, Aug 18-20, Sep 15-18, Oct 20-23, Nov 10-13, by William Charles Buhay. (Buhay, William) |
| Filing 474 Request for Leave of Absence for the following date(s): 7/1/2023 - 7/31/2023, 8/2/2023 - 8/8/2023, 8/15/2023 - 8/30/2023, 9/6/2023 - 9/11/2023, 9/15/2023, 9/25/2023 - 9/26/2023, 10/9/2023 - 10/15/2023, 12/6/2023 - 12/10/2023, by Michael L. Mallow. (Mallow, Michael) Modified on 4/4/2023 to edit docket text (tas). |
| Filing 473 Request for Leave of Absence for the following date(s): 11/22/2023, 11/24/2023, 12/26/2023, 12/27/2023, 12/28/2023, 12/29/2023, by Korin Ewing Felix. (Felix, Korin) |
| Filing 472 Request for Leave of Absence for the following date(s): 7/31/2023 - 8/16/2023, by Korin Ewing Felix. (Felix, Korin) Modified on 3/10/2023 (tas). |
| Filing 471 Request for Leave of Absence for the following date(s): 4/27/2023 - 5/6/2023, 7/19/2023 - 7/29/2023, by Philip Z. Brown. (Brown, Philip) Modified on 3/10/2023 (tas). |
| Filing 470 Request for Leave of Absence for the following date(s): 6/30/2023, 7/1/2023, 7/2/2023, 7/3/2023, 7/4/2023, 7/5/2023, 7/6/2023, 7/7/2023, 8/7/2023, 8/8/2023, 8/9/2023, 8/10/2023, 8/11/2023, 8/12/2023, 8/13/2023, 8/14/2023, 8/15/2023, 8/16/2023, 8/17/2023, 8/18/2023, by Hong Park. (Park, Hong) |
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Filing 469
ORDER GRANTING #465 Application for Admission Pro Hac Vice for Colm A. Moran. Signed by Judge William M. Ray, II on 11/3/2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tas)
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| APPROVAL by Clerks Office re: #465 APPLICATION for Admission of Colm A. Moran Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12167197). Attorney Colm A. Moran added appearing on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (cdg) |
| Filing 468 NOTICE Of Filing Parties' Objections to Deposition Designations for Trial by Federal Trade Commission and Responses Thereto (Attachments: #1 Attach. A (McCarter Obj. to FTC Desig. and FTC Resp.), #2 Attach. B (FTC Obj. to McCarter Desig. and McCarter Resp.), #3 Attach. C (FTC Obj. to E. Robinson Desig. and E. Robinson Resp.), #4 Attach. D (Cleveland and Wilson Obj. to FTC Desig. and FTC Resp.), #5 Attach. E (FTC Obj. Cleveland and Wilson Desig. and their Resp.))(Felix, Korin) |
| Filing 467 TRIAL BRIEF Filed Jointly by Earl Robinson and James McCarter by Earl G. Robinson. (Hoffecker, Charles) |
| Filing 466 NOTICE by Earl G. Robinson re #461 Proposed Pretrial Order,,,, #462 Notice setting Trial Earl Robinson's Objections to Designated Depo Testimony and FTC's Responses (Hoffecker, Charles) |
| Filing 465 APPLICATION for Admission of Colm A. Moran Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12167197).by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Gieser, Caroline) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 464 Withdrawal of Counsel Mr. Ortiz for Defendant James McCarter by James McCarter (Ortiz, William) Modified on 11/4/2022 *QC email sent re non-compliance with LR 83.1E (gas). |
| Filing 463 Minute Entry for proceedings held before Judge William M. Ray, II: Pretrial Conference held on 6/28/2022. The Court discussed the proposed pretrial order with counsel and confirmed this case will be specially set for a bench trial beginning December 5, 2022 at 9:00 AM in Courtroom 1705. All exhibits should be produced electronically and any party may rely upon any document on another party's exhibit list. Parties may present deposition disputes and pretrial briefing by November 1 as discussed in open court. Proposed findings of fact and conclusions of law are not due until the completion of trial. (Court Reporter Wynette Blathersr)(jkl) |
| Filing 462 NOTICE setting Trial: Jury Trial set for 12/5/2022 at 09:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. (tas) |
| Clerk's Certificate of Mailing as to Mark Ward re #462 Notice setting Trial. (tas) |
| Filing 461 Proposed Pretrial Order Joint Consolidated Pretrial Order by Federal Trade Commission. (Attachments: #1 Attachment C FTC, #2 Attachment D E. Robinson, #3 Attachment D J. McCarter, #4 Attachment D Wilson and Cleveland, #5 Attachment E-1 FTC and Wilson and Cleveland Stipulations, #6 Attachment E-2 FTC and E. Robinson and McCarter Stipulations, #7 Attachment F-1 FTC Witness List, #8 Attachment F-2 E. Robinson Witness List, #9 Attachment F-3 J. McCarter Witness List, #10 Attachment F-4 Wilson and Cleveland Witness List, #11 Attachment F-5 M. Ward Witness List, #12 Attachment G-1 FTC Exhibits and Party Objections, #13 Attachment G-2 E. Robinson Exhibit List and Party Objections, #14 Attachment G-3 J. McCarter Exhibit List and Party Objections, #15 Attachment G-4 Wilson and Cleveland Exhibit List and Party Objections, #16 Attachment G-5 M. Ward Exhibit List and Party Objections, #17 Attachment H-1 FTC Trial Brief, #18 Attachment J-1 FTC Deposition Designations, #19 Attachment J-2 J. McCarter Deposition Designations, #20 Attachment J-3 Cleveland and Wilson Deposition Designations)(Felix, Korin) |
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DOCKET ENTRY ORDER finding as moot #446 Motion to Dismiss. So ordered by Judge William M. Ray, II on 6/23/2022. (jkl)
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Filing 460
STIPULATED ORDER Resolving Claims Against Defendant the Estate of Chet L. Andrews (Guadalupe L. Andrews, as Personal Representative). IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. Signed by Judge William M. Ray, II on 6/22/2022. (tas)
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Filing 459
STIPULATED ORDER Resolving Claims Against Defendant the Estate of Jerry L. Robinson (Patricia Brandmeier Robinson, as Executor of the Estate of Jerry L. Robinson). IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. Signed by Judge William M. Ray, II on 6/22/2022. (tas)
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| Clerk's Certificate of Mailing as to Mark Ward re #459 Order, #460 Order. (tas) |
| Filing 458 NOTICE of Settlement Proposed Stipulated Orders Resolving Claims Against Defendants the Estate of Jerry L. Robinson and the Estate of Chet L. Andrews by Federal Trade Commission (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Felix, Korin) |
| Filing 457 NOTICE of Appearance by Charles Edgar Hoffecker on behalf of Earl G. Robinson (Hoffecker, Charles) |
| Filing 456 Mail Returned as Undeliverable. Mail sent to Earl G. Robinson re #453 Order, Set Deadlines/Hearings, Order Setting Hearing on Motion (tas) |
| Filing 455 NOTICE of Pretrial Conference and Motion to Dismiss Hearing Via Zoom Video (tas) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #454 Trial Calendar Order. (abm) |
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Filing 454
TRIAL CALENDAR ORDER. Signed by Judge William M. Ray, II on 4/25/2022. (abm)
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Filing 453
NOTICE OF HEARING Pretrial Conference and Hearing on #446 MOTION to Dismiss set for 6/28/2022 at 09:30 AM via ZOOM VIDEO before Judge William M. Ray II. Instructions for ZOOM VIDEO will be sent separately from the docket. If any party wishes for the hearing to occur live in the courtroom with all counsel present, they may petition the Court within 10 days of the date of this Notice of Hearing; otherwise, the Court will proceed with ZOOM VIDEO hearing. Consolidated Pretrial Order due by 5/31/2022. Signed by Judge William M. Ray, II on 4/22/2022. (adg)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #453 Order. (adg) |
| Submission of #446 MOTION to Dismiss to District Judge William M. Ray II. (jkl) |
| Filing 452 REPLY to Response to Motion re #446 MOTION to Dismiss filed by Guadalupe L. Andrews. (Stone, Julia) |
| Filing 451 Request for Leave of Absence for the following date(s): July 25 2022-July 29 2022, August 1 2022-August 5 2022, for Richard P. Lawson, by Julia Blackburn Stone. (Stone, Julia) |
| Filing 450 Request for Leave of Absence for the following date(s): June 16-17, 2022, August 9-12, 2022, August 15-19, 2022, August 29-September 2, 2022, September 6-9, 2022, by Korin Ewing Felix. (Felix, Korin) |
| Filing 449 Request for Leave of Absence for the following date(s): 5/26/2022-6/7/2022, by William Charles Buhay. (Buhay, William) |
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Filing 448
ORDER: The Court GRANTS IN PART and DENIES IN PART the Motion for Summary Judgment filed by Defendants EDebit Pay, LLC, Dale Cleveland, and William Wilson [Doc. #388 ], and the Court DENIES the rest of the Motions. [Docs. #375 , #376 , #377 , #378 , #379 , #381 , #387 , and #390 ]. See Order for more details. Signed by Judge William M. Ray, II on 3/28/2022. (abm) Modified on 3/28/2022 to edit docket text (abm).
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #448 Order on Motion for Summary Judgment. (abm) |
| Filing 447 RESPONSE in Opposition re #446 MOTION to Dismiss filed by Federal Trade Commission. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H)(Felix, Korin) |
| Filing 446 MOTION to Dismiss by Guadalupe L. Andrews. (Caplan, Michael) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #445 Order. (abm) |
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Filing 445
Stipulated Order for Permanent Injunction and Equitable Monetary Relief as to Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim re #444 Notice of Settlement. See Order for details. Signed by Judge William M. Ray, II on 2/24/2022. (abm)
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| Filing 444 NOTICE of Settlement Proposed Stipulated Permanent Injunction and Monetary Judgment as to Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim by Federal Trade Commission (Attachments: #1 Exhibit Proposed Stipulated Permanent Injunction and Monetary Judgment)(Felix, Korin) |
| Filing 443 PROPOSED ORDER re: #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson, filed by Earl G. Robinson. (Attachments: #1 Envelope)(cmd) |
| Filing 442 PROPOSED ORDER re: #379 MOTION for Summary Judgment Against Defendant Mark Ward, filed by Mark Ward. (Attachments: #1 Cover Letter)(cmd) |
| Filing 441 PROPOSED ORDER [Proposed] Order Denying FTC MSJ re: #377 MOTION for Summary Judgment, MOTION for Permanent Injunction, and MOTION for Award of Equitable Monetary Relief Against Defendant James McCarter. (Ortiz, William) Modified on 1/18/2022 to edit docket text (abm). |
| Filing 440 NOTICE by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. of Certificate of Consent for Withdrawal of Counsel (Caplan, Michael) |
| Submission of #435 Unopposed MOTION to Stay Resolution of Pending Motions Brought By or Against The iStream Defendants Pending Settlement , #425 MOTION to Strike #421 Notice of Filing,,, , to District Judge William M. Ray II. (jkl) |
| Filing 439 Minute Entry for proceedings held before Judge William M. Ray, II: Summary Judgment Motion Hearing held on 12/21/2021 via Zoom. Proposed orders are due by January 15, 2022 from parties and due March 1, 2022 from FTC and iStream defendants involved in settlement discussions. (Court Reporter Wynette Blathers)(jkl) |
| Filing 438 NOTICE of Appearance by William Daniel Ortiz on behalf of James McCarter (Ortiz, William) |
| Filing 437 NOTICE of Appearance by William Charles Buhay on behalf of James McCarter (Buhay, William) |
| Filing 436 RESPONSE in Opposition re #425 MOTION to Strike #421 Notice of Filing,,, filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 435 Unopposed MOTION to Stay Resolution of Pending Motions Brought By or Against The iStream Defendants Pending Settlement by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
| Filing 434 NOTICE Of Filing Declaration by Mark Ward re #430 Response in Opposition to Motion (vs) |
| Filing 433 NOTICE Of Filing Various documents by Mark Ward (vs) |
| Filing 432 Statement of Material Facts re #379 MOTION for Summary Judgment Against Defendant Mark Ward MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Mark Ward. (vs) |
| Filing 431 Response to Statement of Material Facts re #379 MOTION for Summary Judgment Against Defendant Mark Ward MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Mark Ward. (vs) |
| Filing 430 RESPONSE in Opposition re #379 MOTION for Summary Judgment Against Defendant Mark Ward MOTION for Permanent Injunction, MOTION for Award of Equitable Monetary Relief filed by Mark Ward. (vs) |
| Filing 429 NOTICE Of Filing Declaration in support of opposition to motion by Earl G. Robinson re #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson MOTION for Permanent Injunction MOTION for Award of Equitable Monetary Relief (vs) |
| Filing 428 Response to Statement of Material Facts re #376 MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Award of Equitable Monetary Relief Against Defendant Earl G. Robinson filed by Earl G. Robinson. (vs) |
| Filing 427 NOTICE Of Filing Various documents by Earl G. Robinson (vs) |
| Filing 426 NOTICE of Change of Address for James McCarter (ceo) |
| Filing 425 MOTION to Strike #421 Notice of Filing,,, with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Felix, Korin) |
| Filing 424 Response to Statement of Material Facts re #388 MOTION for Summary Judgment EDP PARTIES AMENDED RESPONSE TO PLAINTIFF FEDERAL TRADE COMMISSIONS RESPONSE TO EDP DEFENDANTS STATEMENT OF UNDISPUTED FACTS filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Exhibit PLAINTIFF FEDERAL TRADE COMMISSIONS OBJECTIONS AND RESPONSES TO DEFENDANTS JOINT 30(b)(6) INTERROGATORIES)(Gieser, Caroline) |
| Submission of #377 MOTION for Summary Judgment Against Defendant James McCarter MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief, #379 MOTION for Summary Judgment Against Defendant Mark Ward MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief, #378 MOTION for Summary Judgment Against the Estate of Jerry L. RobinsonMOTION for Award of Equitable Monetary Relief, #388 MOTION for Summary Judgment , #381 MOTION for Summary Judgment Against the Estate of Chet L. AndrewsMOTION for Equitable Monetary Relief, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief, #387 MOTION for Summary Judgment , #389 MOTION for Summary Judgment , #390 MOTION for Summary Judgment , to District Judge William M. Ray II. (jkl) |
| Filing 423 REPLY to Response to Motion re #388 MOTION for Summary Judgment filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Response to FTC's Response to EDP's Statement of Undisputed Facts, #2 Exhibit 1 to Response to FTC's Response to EDP's Statement of Undisputed Facts, #3 Response to FTC's Statement of Additional Undisputed Material Facts in Support of its Opposition to EDP's Motion for Summary Judgment)(Mallow, Michael) |
| Filing 422 REPLY BRIEF re #389 MOTION for Summary Judgment filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Response to Plaintiffs' Statement of Additional Material Facts in Opposition to Defendants' Motion for Summary Judgement)(Caplan, Michael) |
| Filing 421 NOTICE Of Filing Corrected Declaration by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. re #389 MOTION for Summary Judgment , #401 Response in Opposition to Motion,, (Attachments: #1 Corrected Declaration of Michael McGuire (with track changes), #2 Corrected Declaration of Michael McGuire (clean copy), #3 Corrected Motion for Summary Judgment (with track changes), #4 Corrected Motion for Summary Judgment (clean copy), #5 Corrected Statement of Undisputed Material Facts (with track changes), #6 Corrected Statement of Undisputed Material Facts (clean copy), #7 Corrected Opposition to Motion for Summary Judgment (with track changes), #8 Corrected Opposition to Motion for Summary Judgment (clean copy))(Caplan, Michael) |
| Filing 420 REPLY to Response to Motion re #381 MOTION for Summary Judgment Against the Estate of Chet L. AndrewsMOTION for Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 Att. A C. Andrews Dep. Excerpts, #2 Att. B K. Axberg Dep. Excerpts, #3 Att. C J. Button Dep. Excerpts, #4 Att. D C. Healey Dep. Excerpts, #5 Att. E iStream 30(b)(6) Dep. Excerpts, #6 Att. F R. Joachim Dep. Excerpts, #7 Att. G J. Kelly Dep. Excerpts, #8 Att. H Access VG 30(b)(6) Dep. Excerpts)(Felix, Korin) |
| Filing 419 REPLY to Response to Motion re #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 Ex. A, #2 FTC Reply in Support of Statement of Undisputed Facts, #3 FTC Response to iStream Defs. Statement of Additional Material Facts, #4 Att. A iStream 30(b)(6) Dep. Excerpts, #5 Att. B K. Axberg Dep. Excerpts, #6 Att. C R. Joachim Dep. Excerpts, #7 Att. D C. Andrews Dep. Excerpts, #8 Att. E J. Button Dep. Excerpts, #9 Att. F C. Healey Dep. Excerpts, #10 Att. G P. Joyner Dep. Excerpts, #11 Att. H J. Kelly Dep. Excerpts, #12 Att. I V. Murillo Dep. Excerpts, #13 Att. J K. Olszewski Dep. Excerpts)(Felix, Korin) |
| Filing 418 REPLY BRIEF re #378 MOTION for Summary Judgment Against the Estate of Jerry L. RobinsonMOTION for Award of Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 FTC's Reply SUF, #2 FTC's Obj. and Resp. to Robinson Estate SAMF, #3 Exhibit A, #4 J. McCarter Dep. Excerpts, #5 E. Robinson Dep. Excerpts, #6 EDP 30(b)(6) (Cleveland) Dep. Excerpts, #7 W. Wilson Dep. Excerpts)(Brown, Philip) |
| Filing 417 REPLY BRIEF re #379 MOTION for Summary Judgment Against Defendant Mark Ward MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 FTC's Reply SUF, #2 FTC's Obj. and Resp. to Ward SAMF, #3 M. Ward Dep. Excerpts)(Brown, Philip) |
| Filing 416 REPLY BRIEF re #377 MOTION for Summary Judgment Against Defendant James McCarter MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 FTC's Reply SUF, #2 Obj. and Resp. to McCarter SAMF, #3 J. McCarter Dep. Excerpts, #4 T. Olsen Dep. Excerpts)(Brown, Philip) |
| Filing 415 Reply in Support re #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Federal Trade Commission. (Attachments: #1 FTC's Reply SUF, #2 E. Robinson Dep. Excerpts, #3 EDP 30(b)(6) Dep. (Cleveland) excerpts)(Brown, Philip) Modified on 12/14/2021 to edit text (rlh). |
| Filing 414 REPLY to Response to Motion re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson filed by Federal Trade Commission. (Attachments: #1 FTC's Reply to EDP Defendants' Response to FTC's Statement of Undisputed Material Facts and Objections to Evidence, #2 FTC's Response to EDP Defendants' Statement of Undisputed Material Facts, #3 Atts. A to N - Previously Filed Depo. Tr. Excerpts, #4 Att. O - Suppl. Access VG 30(b)(6) (Peterson) Depo. Tr. Excerpts, #5 Att. P - Suppl. M. Wilson Depo. Tr. Excerpts, #6 Att. Q - Suppl. EDebitPay 30(b)(6) (W. Wilson) Depo. Tr. Excerpts, #7 Att. R - Suppl. Vazquez Depo. Tr. Excerpts, #8 Att. S - Suppl. Baker Depo. Tr. Excerpts, #9 Att. T - Suppl. Leon Depo. Tr. Excerpts, #10 Att. U - Suppl. Murillo Depo. Tr. Excerpts, #11 Att. V - Suppl. AdMediary 30(b)(6) (Welch) Depo. Tr. Excerpts)(Park, Hong) |
| Filing 413 REPLY BRIEF re #390 MOTION for Summary Judgment filed by Guadalupe L. Andrews. (Caplan, Michael) |
| Submission of #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson and #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief to District Judge William M. Ray II. (abm) |
| Filing 412 RESPONSE in Opposition re #377 MOTION for Summary Judgment Against Defendant James McCarter MOTION for Permanent Injunction, and MOTION for Award of Equitable Monetary Relief filed by James McCarter. (Attachments: #1 Affidavit and Response to FTC's Statement of Undisputed Facts in Support of Motion for Summary Judgment, #2 Affidavit and Statement of Additional Facts, #3 Cover Letter)(rlh) |
| Filing 411 RESPONSE in Opposition re #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Statement of Material Facts EDP Parties' Separate Statement of Undisputed Material Facts)(Gieser, Caroline) |
| Filing 410 NOTICE Of Filing FTC's Exhibits and Deposition Transcripts in Support of Its Oppositions to Defendants' Motions for Summary Judgment by Federal Trade Commission re #407 Response in Opposition to Motion,, #409 Response in Opposition to Motion,, #405 Response in Opposition to Motion,,,, #406 Response in Opposition to Motion,, (Park, Hong) |
| Filing 409 RESPONSE in Opposition re #390 MOTION for Summary Judgment (Andrews Estate) filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts FTC Resp. Andrews Estate Stmt. of Material Facts, #2 Statement of Material Facts FTC Stmt. of Additional Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit PX 1394, #11 Exhibit PX 1395, #12 Exhibit C. Andrews Dep. Excerpts, #13 Exhibit J. Button Dep. Excerpts, #14 Exhibit iStream 30(b)(6), J. Erickson, Dep. Excerpts, #15 Exhibit V. Murillo Dep. Excerpts)(Felix, Korin) |
| Filing 408 Response to Statement of Material Facts re #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Exhibit Chart of Undisputed Facts and Evidentiary Objections)(Gieser, Caroline) |
| Filing 407 RESPONSE in Opposition re #389 MOTION for Summary Judgment (iStream Defendants) filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts FTC Resp. to iStream Defs. Stmt. of Undisputed Facts, #2 Statement of Material Facts FTC Stmt. of Additional Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit PX 1392, #11 Exhibit PX 1393, #12 Exhibit PX 1394, #13 Exhibit C. Andrews Dep. Excerpts, #14 Exhibit J. Button Dep. Excerpts, #15 Exhibit iStream 30(b)(6), J. Erickson, Dep. Excerpts, #16 Exhibit V. Murillo Dep. Excerpts)(Felix, Korin) |
| Filing 406 RESPONSE in Opposition re #387 MOTION for Summary Judgment (Robinson Estate) filed by Federal Trade Commission. (Attachments: #1 FTC Obj. and Resp. to Robinson Estate's Stmt. of Material Facts, #2 FTC's Stmt. of Additional Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 C. Andrews Dep. Excerpts, #10 iStream 30(b)(6) (Erickson) Dep. Excerpts, #11 V. Murillo Dep. Excerpts)(Brown, Philip) |
| Filing 405 RESPONSE in Opposition re #388 MOTION for Summary Judgment (EDP Defendants) filed by Federal Trade Commission. (Attachments: #1 Att. A - M. Baker Deposition Excerpts, #2 Att. B - D. Cleveland Deposition Excerpts, #3 Att. C - EDebitPay 30(b)(6) (D. Cleveland) Deposition Excerpts, #4 Att. D - M. Leon Deposition Excerpts, #5 Att. E - K. Merrill Deposition Excerpts, #6 Att. F - V. Murillo Deposition Excerpts, #7 Att. G - Access VG 30(b)(6) (C. Peterson) Deposition Excerpts, #8 Att. H - M. Vazquez Deposition Excerpts, #9 Att. I - M Wilson Deposition Excerpts, #10 Att. J - W. Wilson Deposition Excerpts, #11 Att. K - EDebitPay 30(b)(6) (W. Wilson) Deposition Excerpts, #12 Att. L - C. Andrews Deposition Excerpts, #13 Att. M - AdMediary 30(b)(6) (A. Welch) Deposition Excerpts, #14 Att. N - ArrowCentric 30(b)(6) (M. Wilson) Deposition Excerpts, #15 FTC's Response to EDP Defendants' Statement of Undisputed Facts, #16 FTC's Statement of Add'l Undisputed Facts)(Park, Hong) |
| Filing 404 RESPONSE in Opposition re #381 MOTION for Summary Judgment Against the Estate of Chet L. AndrewsMOTION for Equitable Monetary Relief filed by Guadalupe L. Andrews. (Caplan, Michael) |
| Filing 403 NOTICE Of Filing Excerpts of Original Transcripts of Depositions by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. re #401 Response in Opposition to Motion,, (Attachments: #1 Anderson 30(b)(6) Excerpts, #2 Andrews Dep. Vol. I Excerpts, #3 Andrews Dep. Vol. II Excerpts, #4 Axberg 30(b)(6) Dep. Excerpts, #5 Axberg Dep. Excerpts, #6 Button Dep. Excerpts, #7 Cleveland 30(b)(6) Dep. Excerpts, #8 Eckert 30(b)(6) Dep. Excerpts, #9 Erickson 30(b)(6) Dep. Excerpts, #10 Healy 30(b)(6) Dep. Excerpts, #11 Healy Dep. Excerpts, #12 Joachim Dep. Excerpts, #13 Joyner Dep. Excerpts, #14 Kelly Dep. Excerpts, #15 Leon Dep. Excerpts, #16 McGuire 30(b)(6) Vol. I Dep. Excerpts, #17 McGuire 30(b)(6) Vol. II Dep. Excerpts, #18 Murillo Vol. I Dep. Excerpts, #19 Murillo Vol. II Dep. Excerpts, #20 Olsen Dep. Excerpts, #21 Olszewski 30(b)(6) Dep. Excerpts, #22 Olszewski Dep. Excerpts, #23 Thomas 30(b)(6) 9.14.20 Dep. Excerpts, #24 Thomas 30(b)(6) 9.18.20 Dep. Excerpts, #25 Zillges Dep. Excerpts)(Caplan, Michael) |
| Filing 402 NOTICE Of Filing Exhibits in Support of Their Response to Plaintiff's Statement of Undisputed Facts in Support of its Motion for Summary Judgment by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. re #401 Response in Opposition to Motion,, (Attachments: #1 Exhibit 3006, #2 Exhibit 3007, #3 Exhibit 3008, #4 Exhibit 3009, #5 Exhibit 3010, #6 Exhibit 3011, #7 Exhibit 3012, #8 Exhibit 3013, #9 Exhibit 3014, #10 Exhibit 3015, #11 Exhibit 3016, #12 Exhibit 3017, #13 Exhibit 3018, #14 Exhibit 3019)(Caplan, Michael) |
| Filing 401 RESPONSE in Opposition re #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim MOTION for Permanent InjunctionMOTION for Award of Equitable Monetary Relief filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Response to Plaintiff's Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, Entry of Permanent Injunction, and Award of Equitable Monetary Relief, #2 Statement of Additional Material Facts in Support of Opposition to Plaintiff Federal Trade Commission's Motion for Summary Judgment)(Caplan, Michael) |
| Filing 400 RESPONSE in Opposition re #378 MOTION for Summary Judgment Against the Estate of Jerry L. RobinsonMOTION for Award of Equitable Monetary Relief filed by Patricia Brandmeier Robinson. (Attachments: #1 Statement of Material Facts)(Ficken, Allison) |
| Filing 398 NOTICE OF VIDEO HEARING: Notice is hereby given that the Court sets a hearing to be conducted via ZOOM VIDEO on the Motion for Entry of Preclusion Order [Doc 374], Motions for Summary Judgment [Docs 375-381, 387-390], in this case for Tuesday, December 21, 2021 at 9:30 a.m. before the Honorable William M. Ray, II. Connection Instructions: https://ganduscourts.zoomgov.com/j/1616057454 Meeting ID: 161 605 7454 Passcode: 1705 Audio via phone: +1 646 828 7666 If any party wishes for the hearing to occur live in the courtroom with all counsel present, they may petition the Court within ten (10) days of the date of this Notice. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (cmd) |
| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, and Mark Ward re #397 Order. (bgt) |
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Filing 397
Amended Order Setting Briefing Schedule and Page Limits for Motion for Summary Judgment: Oppositions to Motions for summary judgment shall be filed no later than October 29, 2021. Replies in support of motions for summary judgment shall be filed no later than December 3, 2021. Each memorandum in support of a motion for summary judgment and each opposition to a motion for summary judgment shall be no longer than 40 pages, and each reply memorandum in support of a motion for summary judgment shall be no longer than 25 pages. Signed by Judge William M. Ray, II on 9/9/21. (rlh) Modified on 9/15/2021 to edit typo (cmd).
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| Filing 396 REPLY BRIEF re #374 Motion for Entry of Preclusion Order filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Exhibit 1 - McGuire Dep. Vol. I Excerpts, #2 Exhibit 2 - Eckert Dep. Excerpts, #3 Exhibit 3 - McGuire Dep. Vol. II Excerpts)(Caplan, Michael) |
| Filing 395 CERTIFICATE OF SERVICE Regarding Plaintiff's Third Amended Initial Disclosures and Amended Response to Defendants Joint 30(b)(6) Interrogatory No. 85 by Federal Trade Commission.(Felix, Korin) |
| Submission of #374 Motion for Entry of Preclusion Order, to District Judge William M. Ray II. (tcc) |
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Filing 394
ORDER granting #392 Application for Admission of Michael A. Munoz Pro Hac Vice. Signed by Judge William M. Ray, II on 8/25/2021. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tcc)
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| Filing 393 RESPONSE in Opposition re #374 Motion for Entry of Preclusion Order filed by Federal Trade Commission. (Attachments: #1 Ex. A, FTC Initial Disclosures, #2 Ex. B PX 1186, T. Van Wazer Decl., #3 Ex. C, #4 Ex. D PX 1370, T. Van Wazer Supp. Decl., #5 Ex. E iStream 30(b)(6) Dep. (J. Erickson) Excerpts, #6 Ex. F PX 1164, #7 Ex. G iStream Sample Data, #8 Ex. H PX 1100, #9 Ex. I PX 43, #10 Ex. J V. Murillo Dep. Excerpts, #11 Ex. K, #12 Ex. L PX 112, #13 Ex. M PX 188, #14 Ex. N PX 193, #15 Ex. O PX 194, #16 Ex. P PX 203, #17 Ex. Q PX 50, #18 Ex. R C. Andrews Dep. Excerpts, #19 Ex. S, FTC First Amended Initial Disclosures)(Felix, Korin) |
| APPROVAL by Clerks Office re: #392 APPLICATION for Admission of Michael A. Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11192101).. Attorney Michael A. Munoz added appearing on behalf of Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (nmb) |
| Filing 392 APPLICATION for Admission of Michael A. Munoz Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11192101).by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Notification of Docket Correction re #391 Clerk's Notice to Respond to Motion for Summary Judgment: Modified on 8/13/2021 to link docket entry to correct MSJs. (cmd) |
| Filing 391 Clerk's Notice to Parties to Respond to #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #379 MOTION for Summary Judgment Against Defendant Mark Ward (cmd) Modified on 8/13/2021 to link to correct MSJs. (cmd) |
| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #391 Clerk's Notice to Respond to Motion for Summary Judgment. (cmd) |
| Filing 390 MOTION for Summary Judgment with Brief In Support by Guadalupe L. Andrews. (Attachments: #1 Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Caplan, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 389 MOTION for Summary Judgment with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Caplan, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 388 MOTION for Summary Judgment with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Exhibit 1 - Declaration of William Richard Wilson, #4 Exhibit 2 - PX 0761, #5 Exhibit 3 - Excerpt from the 30(b)(6) Deposition of William Wilson, #6 Exhibit 4 - PX 0759, #7 Exhibit 5 - PX 0760, #8 Exhibit 6 - PX 0762)(Gieser, Caroline) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 8/11/2021 to edit text. (cmd) |
| Filing 387 MOTION for Summary Judgment by Patricia Brandmeier Robinson. (Attachments: #1 Brief In Support of Defendant's Motion, #2 Statement of Material Facts, #3 Exhibit 1, #4 Exhibit 2)(Ficken, Allison) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 8/11/2021 to edit duplicative text. (cmd) |
| Filing 386 NOTICE Of Filing by Federal Trade Commission re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson, #378 MOTION for Summary Judgment Against the Estate of Jerry L. Robinson, #379 MOTION for Summary Judgment Against Defendant Mark Ward, #381 MOTION for Summary Judgment Against the Estate of Chet L. Andrews Deposition Transcripts (Attachments: #1 Access 30(b)(6) Deposition, #2 AdMediary 30(b)(6) Deposition, #3 ArrowCentric 30(b)(6) Deposition, #4 C. Andrews Deposition, #5 C. Healey Deposition, #6 D. Cleveland Deposition, #7 E. Robinson Deposition, #8 EDP Dep. D. Cleveland, #9 EDP Dep. W. Wilson, #10 iStream 30(b)(6) Deposition, #11 J. Button Deposition, #12 J. Kelly Deposition, #13 J. McCarter Deposition, #14 K. Axberg Deposition, #15 K. Axberg Zillges Deposition, #16 K. Merrill Deposition, #17 K. OIszewski Deposition, #18 M. Baker Deposition, #19 M. Leon Deposition, #20 M. McCarter Deposition, #21 M. Vazquez Deposition, #22 M. Ward Deposition, #23 M. Wilson Deposition, #24 N. Zillges Deposition, #25 R. Joachim Deposition, #26 R. Thomas Deposition, #27 T. Anderson Zillges Deposition, #28 T. Olsen Deposition, #29 V. Murillo Deposition, #30 W. Wilson Deposition, #31 WestSide Bank 30(b)(6) Deposition)(Park, Hong) |
| Filing 385 NOTICE Of Filing by Federal Trade Commission re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #378 MOTION for Summary Judgment Against the Estate of Jerry L. Robinson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #379 MOTION for Summary Judgment Against Defendant Mark Ward, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #381 MOTION for Summary Judgment Against the Estate of Chet L. Andrews, #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson (Attachments: #1 FTC Exhibits Volume 36 PX 1290 to PX 1291, #2 FTC Exhibits Volume 37 PX 1292, #3 FTC Exhibits Volume 38 PX 1293, #4 FTC Exhibits Volume 39 PX 1294 to PX 1307, #5 FTC Exhibits Volume 40 PX 1308 to PX 1335, #6 FTC Exhibits Volume 41 PX 1336 to PX 1343, #7 FTC Exhibits Volume 42 PX 1344 to PX 1361, #8 FTC Exhibits Volume 43 PX 1362 to PX 1387, #9 FTC Exhibits Volume 44 PX 1388 to PX 1391)(Brown, Philip) |
| Filing 384 NOTICE Of Filing by Federal Trade Commission re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #378 MOTION for Summary Judgment Against the Estate of Jerry L. Robinson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #379 MOTION for Summary Judgment Against Defendant Mark Ward, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #381 MOTION for Summary Judgment Against the Estate of Chet L. Andrews, #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson (Attachments: #1 FTC Exhibits Volume 24 PX 1113 pt 1, #2 FTC Exhibits Volume 25 PX 1113 pt 2, #3 FTC Exhibits Volume 26 PX 1114 to PX 1141, #4 FTC Exhibits Volume 27 PX 1142 to PX 1191, #5 FTC Exhibits Volume 28 PX 1192 to PX 1193, #6 FTC Exhibits Volume 29 PX 1194 to PX 1212, #7 FTC Exhibits Volume 30 PX 1213 to PX 1230, #8 FTC Exhibits Volume 31 PX 1231 to PX 1285, #9 FTC Exhibits Volume 32 PX 1286, #10 FTC Exhibits Volume 33 PX 1287, #11 FTC Exhibits Volume 34 PX 1288, #12 FTC Exhibits Volume 35 PX 1289)(Park, Hong) |
| Filing 383 NOTICE Of Filing by Federal Trade Commission re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #378 MOTION for Summary Judgment Against the Estate of Jerry L. Robinson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #379 MOTION for Summary Judgment Against Defendant Mark Ward, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #381 MOTION for Summary Judgment Against the Estate of Chet L. Andrews, #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson (Attachments: #1 FTC Exhibits Volume 13 PX 594 to PX 639, #2 FTC Exhibits Volume 14 PX 640 to PX 721, #3 FTC Exhibits Volume 15 PX 722 to PX 820, #4 FTC Exhibits Volume 16 PX 821 to PX 886, #5 FTC Exhibits Volume 17 PX 887 to PX 930, #6 FTC Exhibits Volume 18 PX 931, #7 FTC Exhibits Volume 19 PX 932 to PX 981, #8 FTC Exhibits Volume 20 PX 982 to PX 1079, #9 FTC Exhibits Volume 21 PX 1080 to PX 1101, #10 FTC Exhibits Volume 22 PX 1102 to PX 1111, #11 FTC Exhibits Volume 23 PX 1112)(Brown, Philip) |
| Filing 382 NOTICE Of Filing by Federal Trade Commission re #375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #378 MOTION for Summary Judgment Against the Estate of Jerry L. Robinson, #377 MOTION for Summary Judgment Against Defendant James McCarter, #379 MOTION for Summary Judgment Against Defendant Mark Ward, #380 MOTION for Summary Judgment Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #381 MOTION for Summary Judgment Against the Estate of Chet L. Andrews, #376 MOTION for Summary Judgment Against Defendant Earl G. Robinson (Attachments: #1 FTC Exhibits Volume 1 PX 1 to PX 42, #2 FTC Exhibits Volume 2 PX 43 to PX 78, #3 FTC Exhibits Volume 3 PX 79 to PX 118, #4 FTC Exhibits Volume 4 PX 119 to PX 181, #5 FTC Exhibits Volume 5 PX 182 to PX 207, #6 FTC Exhibits Volume 6 PX 208 to PX 261, #7 FTC Exhibits Volume 7 PX 262 to PX 338, #8 FTC Exhibits Volume 8 PX 339 to PX 372, #9 FTC Exhibits Volume 9 PX 373 to PX 450, #10 FTC Exhibits Volume 10 PX 451 to PX 499, #11 FTC Exhibits Volume 11 PX 500 to PX 547, #12 FTC Exhibits Volume 12 PX 548 to PX 593)(Park, Hong) |
| Filing 381 MOTION for Summary Judgment, MOTION for Equitable Monetary Relief Against the Estate of Chet L. Andrews with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access VG 30(b)(6) Dep. Excerpts, #5 Att. B C. Andrews Dep. Excerpts, #6 Att. C C. Healey Dep. Excerpts, #7 Att. D E. Robinson Dep. Excerpts, #8 Att. E iStream 30(b)(6) Dep. Excerpts, #9 Att. F J. Button Dep. Excerpts, #10 Att. G J. Kelly Dep. Excerpts, #11 Att. H J. McCarter Dep. Excerpts, #12 Att. I K. Axberg Dep. Excerpts, #13 Att. J K. Merrill Dep. Excerpts, #14 Att. K K. Olszewski Dep. Excerpts, #15 Att. L M. Baker Dep. Excerpts, #16 Att. M M. Leon Dep. Excerpts, #17 Att. N R. Joachim Dep. Excerpts, #18 Att. O V. Murillo Dep. Excerpts, #19 Att. P WestSide Bank 30(b)(6) Dep. Excerpts)(Felix, Korin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Relief and edited text on 8/11/2021. (cmd) |
| Filing 380 MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Award of Equitable Relief Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access VG 30(b)(6) Dep. Excerpts, #5 Att. B C. Andrews Dep. Excerpts, #6 Att. C C. Healey Dep. Excerpts, #7 Att. D E. Robinson Dep. Excerpts, #8 Att. E iStream 30(b)(6) Dep. Excerpts, #9 Att. F J. Button Dep. Excerpts, #10 Att. G J. Kelly Dep. Excerpts, #11 Att. H J. McCarter Dep. Excerpts, #12 Att. I K. Axberg Dep. Excerpts, #13 Att. J K. Merrill Dep. Excerpts, #14 Att. K K. Olszewski Dep. Excerpts, #15 Att. L M. Baker Dep. Excerpts, #16 Att. M M. Leon Dep. Excerpts, #17 Att. N R. Joachim Dep. Excerpts, #18 Att. O T. Olsen Dep. Excerpts, #19 Att. P V. Murillo Dep. Excerpts, #20 Att. Q WestSide Bank 30(b)(6) Dep. Excerpts)(Felix, Korin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Permanent Injunction, MOTION for Award and edited text on 8/11/2021. (cmd) |
| Filing 379 MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Award of Equitable Monetary Relief Against Defendant Mark Ward with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access Dep., Peterson Excerpts, #5 Att. B Baker Dep. Excerpts, #6 Att. C Leon Dep. Excerpts, #7 Att. D J. McCarter Dep. Excerpts, #8 Att. E Merrill Dep. Excerpts, #9 Att. F Murillo Dep. Excerpts, #10 Att. G Robinson Dep. Excerpts, #11 Att. H Ward Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Permanent Injunction, MOTION for Award and edited text on 8/11/2021. (cmd) |
| Filing 378 MOTION for Summary Judgment, MOTION for Award of Equitable Monetary Relief Against the Estate of Jerry L. Robinson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access Dep., Bentley Excerpts, #5 Att. B. Access Dep., Peterson Excerpts, #6 Att. C Axberg Dep. Excerpts, #7 Att. D Baker Dep. Excerpts, #8 Att. E Joyner Dep. Excerpts, #9 Att. F Leon Dep. Excerpts, #10 Att. G J. McCarter Dep. Excerpts, #11 Att. H Merrill Dep. Excerpts, #12 Att. I Murillo Dep. Excerpts, #13 Att. J. Robinson Dep. Excerpts, #14 Att. K Ward Dep Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Award and edited text on 8/11/2021. (cmd) |
| Filing 377 MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Award of Equitable Monetary Relief Against Defendant James McCarter with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access Dep., Bentley Excerpts, #5 Att. B. Access Dep., Peterson Excerpts, #6 Att. C Axberg Dep. Excerpts, #7 Att. D Baker Dep. Excerpts, #8 Att. E Joyner Dep. Excerpts, #9 Att. F Leon Dep. Excerpts, #10 Att. G J. McCarter Dep. Excerpts, #11 Att. H M. McCarter Dep. Excerpts, #12 Att. I Merrill Dep. Excerpts, #13 Att. J. Murillo Dep. Excerpts, #14 Att. K Robinson Dep. Excerpts, #15 Att. L Ward Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Permanent Injunction, MOTION for Award and edited text on 8/11/2021. (cmd) |
| Filing 376 MOTION for Summary Judgment, MOTION for Permanent Injunction, MOTION for Award of Equitable Monetary Relief Against Defendant Earl G. Robinson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A Access Dep., Bentley Excerpts, #5 Att. B. Access Dep., Peterson Excerpts, #6 Att. C Axberg Dep. Excerpts, #7 Att. D Baker Dep. Excerpts, #8 Att. E Joyner Dep. Excerpts, #9 Att. F J. McCarter Dep. Excerpts, #10 Att. G Merrill Dep. Excerpts, #11 Att. H Murillo Dep. Excerpts, #12 Att. I Robinson Dep. Excerpts, #13 Att. J Ward Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--. Added MOTION for Permanent Injunction, MOTION for Award and edited text on 8/11/2021. (cmd) |
| Filing 375 MOTION for Summary Judgment Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief, #2 Statement of Material Facts, #3 Text of Proposed Order, #4 Att. A - M. Baker Deposition Excerpts, #5 Att. B - D. Cleveland Deposition Excerpts, #6 Att. C - EDebitPay 30(b)(6) (D. Cleveland) Deposition Excerpts, #7 Att. D - M. Leon Deposition Excerpts, #8 Att. E - K. Merrill Deposition Excerpts, #9 Att. F - V. Murillo Deposition Excerpts, #10 Att. G - Access VG 30(b)(6) (C. Peterson) Deposition Excerpts, #11 Att. H - M. Vazquez Deposition Excerpts, #12 Att. I - M Wilson Deposition Excerpts, #13 Att. J - W. Wilson Deposition Excerpts, #14 Att. K - EDebitPay 30(b)(6) (W. Wilson) Deposition Excerpts, #15 Att. L - C. Andrews Deposition Excerpts, #16 Att. M - AdMediary 30(b)(6) (A. Welch) Deposition Excerpts, #17 Att. N - ArrowCentric 30(b)(6) (M. Wilson) Deposition Excerpts)(Park, Hong) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 374 MOTION for Entry of Preclusion Order with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Caplan, Michael) |
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Filing 373
ORDER SETTING BRIEFING SCHEDULE AND PAGE LIMITS FOR MOTIONS FOR SUMMARY JUDGMENT: Motions for summary judgment shall be filed no later than August 10, 2021. Oppositions to motions for summary judgment shall be filed no later than September 14, 2021. Replies in support of motions for summary judgment shall be filed no later than October 19, 2021. Each memorandum in support of a motion for summary judgment and each opposition to a motion for summary judgment shall be no longer than 40 pages, and each reply memorandum in support of a motion for summary judgment shall be no longer than 25 pages. Signed by Judge William M. Ray, II on 7/14/2021. (cmd)
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| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #373 Order. (cmd) |
| Filing 372 Supplemental NOTICE re #360 Notice of Filing re AMG Capital Mgmt., LLC v. FTC by Federal Trade Commission. (Felix, Korin) Modified on 7/6/2021 to edit text. (cmd) |
| Filing 371 NOTICE Of Filing Parties' Joint Proposed Briefing Schedule and Page Limits for Summary Judgment Motions by Federal Trade Commission (Attachments: #1 Text of Proposed Order Ex. A Proposed Order)(Felix, Korin) |
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DOCKET ENTRY ORDER terminating without prejudice #323 , #324 , #325 , #326 , #327 , #328 , #329 , #370 Motions for Summary Judgment. So ordered by Judge William M. Ray, II on 6/21/2021. (jkl)
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| Filing 370 MOTION for Summary Judgment with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Statement of Material Facts, #2 Exhibit 1 - FTC's Second Amended Initial Disclosures, #3 Exhibit 2 - FTC's Responses to Defendants' Joint 30(b)(6) Interrogatories, #4 Exhibit 3 - FTC's Amended Responses to iStream's 1st Interrogatories, #5 Exhibit 4 - Declaration of Michael McGuire, #6 Exhibit 5 - Declaration of Thomas P. Van Wazer, #7 Exhibit 6 - Excerpts of Deposition Transcript of Patti D. Joyner, #8 Exhibit 7 - Excerpts of Deposition Transcript of Nicholas Zillges, #9 Exhibit 8 - Excerpts of Deposition Transcript of Jeffrey Kelly)(Caplan, Michael) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 369 Request for Leave of Absence for the following date(s): 8/25/21-8/27/21, 8/30/21-9/3/21, 9/7/21-9/10/21, 9/13/21-9/15/21, by Korin Ewing Felix. (Felix, Korin) |
| Filing 368 NOTICE Of Filing Deposition Transcript in Support of FTC's Motions for Summary Judgment on Liability by Federal Trade Commission re #333 Notice of Filing (Attachments: #1 Exhibit 12/2/2014 K. Axberg Dep.)(Felix, Korin) Modified on 5/25/2021 to edit text. (cmd) |
| Submission of #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson; #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson; #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson; #326 MOTION for Summary Judgment Against Defendant James McCarter; #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward; #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim; #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews to District Judge William M. Ray, II. (cmd) |
| Filing 367 REPLY to Response to Motion re #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts Reply to FTC Statement of Material Facts, #2 Statement of Material Facts Response to M. Ward Statement of Additional Material Facts, #3 Exhibit Exhibit A, #4 Exhibit PX 1300, #5 Exhibit M. Ward Dep. Excerpts)(Brown, Philip) |
| Filing 366 REPLY to Response to Motion re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts Reply to FTC Statement of Material Facts, #2 Statement of Material Facts Response to E. Robinson Statement of Additional Material Facts, #3 Exhibit PX 1301, #4 Exhibit PX 1302, #5 Exhibit E. Robinson Dep. Excerpts, #6 Exhibit EDP 30(b)(6) (Cleveland) Dep. Excerpts)(Brown, Philip) |
| Filing 365 REPLY to Response to Motion re #326 MOTION for Summary Judgment Against Defendant James McCarter filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts Reply to FTC Statement of Material Facts, #2 Exhibit J. McCarter Dep. Excerpts)(Brown, Philip) |
| Filing 364 REPLY to Response to Motion re #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts Reply to FTC Statement of Material Facts, #2 Statement of Material Facts Response to Robinson Estate Statement of Additional Material Facts, #3 Exhibit E. Robinson Dep. Excerpts, #4 Exhibit J. McCarter Dep. Excerpts, #5 Exhibit EDP 30(b)(6) (Cleveland) Dep. Excerpts, #6 Exhibit W. Wilson Dep. Excerpts)(Brown, Philip) |
| Filing 363 REPLY to Response to Motion re #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews filed by Federal Trade Commission. (Attachments: #1 Exhibit A Excerpts of C. Andrews Dep., #2 Exhibit B Excerpts of R. Joachim Dep., #3 Exhibit C Excerpts of K. Axberg Dep., #4 Exhibit D Excerpts of iStream 30(b)(6) Dep., M. McGuire, #5 Exhibit E Excerpts of iStream 30(b)(6) Dep., K. Olszewski, #6 Exhibit F Excerpts of iStream 30(b)(6) Dep., J. Eckert, #7 Exhibit G Excerpts of iStream 30(b)(6) Dep., K. Axberg, #8 Exhibit H Excerpts of C. Healey Dep., #9 Exhibit I Excerpts of J. Button Dep., #10 Exhibit J Excerpts of J. Kelly Dep., #11 Exhibit K Excerpts of N. Zillges Dep., #12 Exhibit L Excerpts of Access VG 30(b)(6) Dep., C. Peterson, #13 Exhibit M Excerpts of E. Robinson Dep., #14 Exhibit N Excerpts of K. Merrill Dep.)(Felix, Korin) |
| Filing 362 REPLY to Response to Motion re #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim filed by Federal Trade Commission. (Attachments: #1 Statement of Material Facts Reply to FTC Statement of Material Facts, #2 Statement of Material Facts Response to iStream Defendants' Statement of Additional Material Facts, #3 Exhibit A Excerpts of K. Axberg Dep., #4 Exhibit B Excerpts of R. Joachim Dep., #5 Exhibit C Excerpts of iStream 30(b)(6) Dep., T. Anderson, #6 Exhibit D Excerpts of iStream 30(b)(6) Dep., M. McGuire, #7 Exhibit E Excerpts of iStream 30(b)(6) Dep., K. Olszewski, #8 Exhibit F Excerpts of iStream 30(b)(6) Dep., J. Eckert, #9 Exhibit G Excerpts of iStream 30(b)(6) Dep., K. Axberg, #10 Exhibit H Excerpts of C. Andrews Dep., #11 Exhibit I Excerpts of C. Healey Dep., #12 Exhibit J Excerpts of J. Button Dep., #13 Exhibit K Excerpts of K. Olszewski Dep., #14 Exhibit L Excerpts of J. Kelly Dep., #15 Exhibit M Excerpts of N. Zillges Dep., #16 Exhibit N Excerpts of E. Robinson Dep., #17 Exhibit O Excerpts of K. Merrill Dep., #18 Exhibit P Excerpts of K. Axberg 12/2/2014 Dep.)(Felix, Korin) |
| Filing 361 REPLY to Response to Motion re #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson filed by Federal Trade Commission. (Attachments: #1 FTC's Reply to EDP Defendants' Response to FTC's Statement of Undisputed Material Facts and Objections to Evidence, #2 FTC's Response to EDP Defendants' Statement of Undisputed Material Facts, #3 Attachment A to L, #4 Attachment M (M Wilson Depo. Excerpts), #5 Attachment N (Vazquez Depo. Excerpts), #6 Attachment O (Access (Peterson) Depo. Excerpts), #7 Attachment P (EDebitPay (Cleveland) Depo. Excerpts), #8 Attachment Q (EDebitPay (W Wilson) Depo. Excerpts), #9 Attachment R (Merrill Depo. Excerpts), #10 Attachment S (Baker Depo. Excerpts), #11 Attachment T (Leon Depo. Excerpts), #12 Attachment U (Murillo Depo. Excerpts))(Park, Hong) |
| Filing 360 NOTICE Of Filing US. S.Ct. decision in AMG Capital Mgmt., LLC v. FTC by Federal Trade Commission (Attachments: #1 Exhibit U.S. S.Ct. Decision in AMG Capital Mgmt., LLC v. FTC)(Felix, Korin) |
| Filing 359 Response to Statement of Undisputed Material Facts in re #324 Motion for Summary Judgment On Liability Against Defendant Earl G. Robinson filed by Earl G. Robinson. (ddm) |
| Filing 358 Additional Statement of Undisputed Material Facts in Support of #357 Defendant's Opposition filed by Earl G. Robinson. (ddm) |
| Filing 357 RESPONSE in Opposition to #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson filed by Earl G. Robinson. (ddm) |
| Filing 356 Response to Statement of Material Facts in re #327 Motion for Summary Judgment On Liability Against Defendant Mark Ward filed by Mark Ward. (ddm) |
| Filing 355 Additional Statement of Undisputed Material Facts in Support of #353 Response in Opposition to Plaintiff's Motion for Summary Judgment filed by Mark Ward. (ddm) |
| Filing 354 Declaration of Mark Ward in Support of #353 Response in Opposition to Plaintiff's Motion for Summary Judgment filed by Mark Ward. (ddm) |
| Filing 353 RESPONSE in Opposition to #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward filed by Mark Ward. (ddm) (Additional attachment(s) added on 4/22/2021: #1 FedEx Envelope) (ddm). |
| Submission of #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, to District Judge William M. Ray, II. (cmd) |
| Filing 352 RESPONSE in Opposition re #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews filed by Guadalupe L. Andrews. (Caplan, Michael) |
| Filing 351 NOTICE Of Filing Original Transcripts of Depositions by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (Attachments: #1 T. Anderson 30(b)(6) Dep., Aug. 31, 2018, Vol. II, #2 K. Axberg Dep., Dec. 2, 2014, #3 K. Axberg 30(b)(6) Dep., Nov. 14, 2018, Vol. VII, #4 C. Healey 30(b)(6) Dep., Nov. 6, 2018, Vol. V, #5 P. Joyner Dep., Jan. 7, 2021, #6 M. McGuire 30(b)(6) Dep., Sept. 17, 2018, Vol. I, #7 M. McGuire 30(b)(6) Dep., Sept. 18, 2018, Vol. II, #8 K. Olszewski 30(b)(6) Dep., Sept. 19, 2018)(Caplan, Michael) |
| Filing 350 NOTICE Of Filing Exhibits in Support of Their Response to Plaintiff's Statement of Undisputed Facts in Support of its Motion for Summary Judgment on Liability by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. re #349 Response in Opposition to Motion,,, (Attachments: #1 Defendants' Exhibit 3006, #2 Defendants' Exhibit 3007, #3 Defendants' Exhibit 3008, #4 Defendants' Exhibit 3009, #5 Defendants' Exhibit 3010, #6 Defendants' Exhibit 3011, #7 Defendants' Exhibit 3012, #8 Defendants' Exhibit 3013, #9 Defendants' Exhibit 3014, #10 Defendants' Exhibit 3015, #11 Defendants' Exhibit 3016, #12 Defendants' Exhibit 3017, #13 Defendants' Exhibit 3018, #14 Defendants' Exhibit 3019, #15 Defendants' Exhibit 3020, #16 Defendants' Exhibit 3021, #17 Defendants' Exhibit 3022, #18 Defendants' Exhibit 3023, #19 Defendants' Exhibit 3024)(Caplan, Michael) |
| Filing 349 RESPONSE in Opposition re #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Response to Plaintiffs' Statement of Undisputed Facts in Support of Motion for Summary Judgement on Liability as to Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim, #2 Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Statement of Additional Material Facts in Support of Their Opposition to Plaintiff Federal Trade Commission's Motion for Summary Judgment on Liability)(Caplan, Michael) |
| Filing 348 RESPONSE in Opposition re #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Statement of Material Facts EDP Parties' Response to FTC's Statement of Undisputed Material Facts, #2 Exhibit Exhibit A to EDP Parties' Response to FTC's Statement of Undisputed Material Facts, #3 Statement of Material Facts EDP Parties' Statement of Undisputed Material Facts)(Gieser, Caroline) |
| Filing 347 RESPONSE in Opposition re #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson filed by Patricia Brandmeier Robinson. (Attachments: #1 Exhibit, #2 Exhibit)(Ficken, Allison) |
| Filing 346 Request for Leave of Absence for the following date(s): April 6, 2021-April 9, 2021, May 28, 2021, June 7, 2021- June 11, 2021, July 22, 2021-July 23, 2021, September 2, 2021-September 3, 2021, October 1, 2021, October 7, 2021-October 8, 2021, October 11, 2021, October 22, 2021, December 23, 2021, by Michael A. Caplan. (Caplan, Michael) |
| Filing 345 Mail Returned as Undeliverable. Mail sent to Earl G. Robinson re #343 Order on Motion for Leave to File Matters Under Seal. (cmd) |
| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #344 Order. (cmd) |
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Filing 344
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI)
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Filing 343
ORDER GRANTING #322 Motion for Leave to File Matters Under Seal. The Court finds good cause to grant the motion and HEREBY ORDERS that the Digital Media labeled as PX 1189 shall be filed UNDER SEAL as an exhibit to the Federal Trade Commissions Motions for Summary Judgment to be filed in the above action. Signed by Judge William M. Ray, II on 3/5/2021. (cmd)
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| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #343 Order on Motion for Leave to File Matters Under Seal. (cmd) |
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Filing 341
ORDER TO MODIFY BRIEFING SCHEDULE FOR PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT: Oppositions to the FTC's Motions for Summary Judgment on Liability [Dkt. #323 , #324 , #325 , #326 , #327 , #328 , #329 ] shall be filed no later than April 8, 2021. The FTC's Replies in Support of its Motions for Summary Judgment on Liability shall be filed no later than May 20, 2021. Signed by Judge William M. Ray, II on 3/3/2021. (cmd)
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| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #341 Order. (cmd) |
| Filing 342 AFFIDAVIT and RESPONSE in Opposition re #326 MOTION for Summary Judgment Against Defendant James McCarter filed by James McCarter. (Attachments: #1 Response to Statement of Material Facts)(adg) |
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Filing 340
ORDER: The Application for Extension is granted, and the new due date for a response re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson is 4/8/2021. Signed by Judge William M. Ray, II on 3/2/2021. (cmd)
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Filing 339
ORDER: The Application for Extension is granted, and the new due date for a response re #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward is 4/8/2021. Signed by Judge William M. Ray, II on 3/2/2021. (cmd)
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| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #340 Order, #339 Order. (cmd) |
| Submission of #322 MOTION for Leave to File Matters Under Seal re: #321 Notice of Filing to District Judge William M. Ray, II. (cmd) |
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Filing 338
ORDER GRANTING #337 Joint Motion for Extension of Time re #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews. The FTC's corrected filing of its Memorandum in Support of its Motion for Summary Judgment [Dkt. 336-1], is substituted for the current document filed as Docket No. 329-1. Andrews Estate's response deadline is 3/19/2021. FTC's reply deadline is 4/9/2021. Signed by Judge William M. Ray, II on 2/22/2021. (cmd)
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| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #338 Order. (cmd) |
| Filing 337 Joint MOTION for Extension of Time re: #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews by Federal Trade Commission and Defendant Guadalupe L. Andrews, as Personal Representative of the Estate of Chet L. Andrews, with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Felix, Korin) |
| Filing 336 NOTICE Of Filing Corrected Filing of Memorandum in Support of Motion for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews, as Personal Representative of the Estate of Chet L. Andrews by Federal Trade Commission re #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews (Attachments: #1 Brief Memorandum in Support of Motion for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews, as Personal Representative of the Estate of Chet L. Andrews)(Felix, Korin) |
| Filing 335 Clerk's Notice to Pro Se Parties to Respond to #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #326 MOTION for Summary Judgment Against Defendant James McCarter, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward. (cmd) |
| Clerk's Certificate of Mailing as to James McCarter, Earl G. Robinson, Mark Ward re #335 Clerk's Notice to Pro Se Parties to Respond to Motion for Summary Judgment. (cmd) |
| Filing 334 NOTICE Of Filing Inadvertently Omitted Exhibits in Support of Motions for Summary Judgment on Liability by Federal Trade Commission re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson, #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #326 MOTION for Summary Judgment Against Defendant James McCarter, #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim (Attachments: #1 PX 1098, #2 PX 1152, #3 PX 1213, #4 PX 1214, #5 PX 1215, #6 PX 1216, #7 PX 1217, #8 PX 1218, #9 PX 1219, #10 PX 1221, #11 PX 1222, #12 PX 1223, #13 PX 1224, #14 PX 1225, #15 PX 1226, #16 PX 1227, #17 PX 1228, #18 PX 1229, #19 PX 1230)(Park, Hong) |
| 1 flash drive received re #321 Notice of Filing Digital Media and placed in file. (jed) |
| Filing 333 NOTICE Of Filing Deposition Transcripts in Support of FTC's Motions for Summary Judgment on Liability by Federal Trade Commission re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson, #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #326 MOTION for Summary Judgment Against Defendant James McCarter, #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim (Attachments: #1 Zillges Dep Transcript, #2 Olsen Dep Transcript, #3 Thomas Dep Transcript, #4 M Wilson Dep Transcript, #5 Vazquez Dep Transcript, #6 Olszewski Dep Transcript, #7 Ward Dep Transcript, #8 W Wilson Dep Transcript, #9 Access 30b6 Dep Transcript (Peterson), #10 Andrews Dep Transcript, #11 Healey Dep Transcript, #12 Cleveland Dep Transcript, #13 E Robinson Dep Transcript, #14 EDP 30b6 Dep Transcript (Cleveland), #15 EDP 30b6 Dep Transcript (W Wilson), #16 iStream 30b6 Dep Transcript (Erickson), #17 Button Dep Transcript, #18 Kelly Dep Transcript, #19 McCarter Dep Transcript, #20 Axberg Dep Transcript, #21 Merrill Dep Transcript, #22 Baker Dep Transcript, #23 Leon Dep Transcript, #24 Joachim Dep Transcript, #25 Anderson Dep Transcript, #26 Murillo Dep Transcript, #27 Westside 30b6 Dep Transcript (Thomas)t)(Park, Hong) |
| Filing 332 NOTICE Of Filing Exhibits in Support of FTC's Motions for Summary Judgment On Liability by Federal Trade Commission re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson, #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #326 MOTION for Summary Judgment Against Defendant James McCarter, #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim (Attachments: #1 PX 640 to PX 721, #2 PX 722 to PX 820, #3 PX 821 to PX 886, #4 PX 887 to PX 930, #5 PX 931, #6 PX 932 to PX 980, #7 PX 981 to PX 1100, #8 PX 1101 to PX 1110, #9 PX 1111, #10 PX 1112, #11 PX 1113 1 of 2, #12 PX 1113 2 of 2, #13 PX 1042)(Brown, Philip) |
| Filing 331 NOTICE Of Filing Exhibits in Support of FTC's Motion for Summary Judgment on Liability by Federal Trade Commission re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson, #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #326 MOTION for Summary Judgment Against Defendant James McCarter, #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim (Attachments: #1 Exhibit PX 1114 to PX 1141, #2 PX 1142 to PX 1191, #3 PX 1192 to PX 1193, #4 PX 1194 to PX 1230, #5 PX 1231 to PX 1285, #6 PX 1286, #7 PX 1287, #8 PX 1288, #9 PX 1289, #10 PX 1290 to PX 1291, #11 PX 1292, #12 PX 1293, #13 PX 1294 to PX 1299)(Felix, Korin) |
| Filing 330 NOTICE Of Filing Exhibits in Support of FTC's Motions for Summary Judgment by Federal Trade Commission re #324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson, #325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson, #329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews, #327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward, #326 MOTION for Summary Judgment Against Defendant James McCarter, #323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson, #328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim (Attachments: #1 Exhibit PX1 to PX42, #2 PX43 to PX78, #3 PX79 to PX118, #4 PX119 to PX181, #5 PX182 to PX207, #6 PX208 to PX261, #7 PX262 to PX338, #8 PX339 to PX372, #9 PX373 to PX454, #10 PX455 to PX547, #11 PX548 to PX593, #12 PX594 to PX639)(Park, Hong) |
| Filing 329 MOTION for Summary Judgment on Liability Against Defendant Guadalupe L. Andrews as Personal Representative of the Estate of Chet L. Andrews with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A C. Andrews Dep. Excerpts, #4 Att. B Access VG Dep., C. Peterson Dep. Excerpts, #5 Att. C M. Baker Dep. Excerpts, #6 Att. D J. Button Dep. Excerpts, #7 Att. E C. Healey Dep. Excerpts, #8 Att. F iStream Dep., J. Erickson Dep. Excerpts, #9 Att. G iStream Dep., T. Anderson Dep. Excerpts, #10 Att. H iStream Dep., M. McGuire Dep. Excerpts, #11 Att. I iStream Dep., J. Eckert Dep. Excerpts, #12 Att. J iStream Dep., K. Axberg Dep. Excerpts, #13 Att. K R. Joachim Dep. Excerpts, #14 Att. L J. Kelly Dep. Excerpts, #15 Att. M M. Leon Dep. Excerpts, #16 Att. N J. McCarter Dep. Excerpts, #17 Att. O K. Merrill Dep. Excerpts, #18 Att. P V. Murillo Dep. Excerpts, #19 Att. Q E. Robinson Dep. Excerpts, #20 Att. R WestSide Bank Dep. Excerpts)(Felix, Korin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 328 MOTION for Summary Judgment on Liability Against Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A K. Axberg Dep. Excerpts, #4 Att. B R. Joachim Dep. Excerpts, #5 Att. C iStream Dep., J. Erickson Dep. Excerpts, #6 Att. D iStream Dep., T. Anderson Dep. Excerpts, #7 Att. E iStream Dep., M. McGuire Dep. Excerpts, #8 Att. F iStream Dep., K. Olszewski Dep. Excerpts, #9 Att. G iStream Dep., J. Eckert Dep. Excerpts, #10 Att. H iStream Dep., J. Fahler Dep. Excerpts, #11 Att. I iStream Dep., K. Axberg Dep. Excerpts, #12 Att. J Access VG Dep., C. Peterson Dep. Excerpts, #13 Att. K C. Andrews Dep. Excerpts, #14 Att. L J. Button Dep. Excerpts, #15 Att. M C. Healey Dep. Excerpts, #16 Att. N J. Kelly Dep. Excerpts, #17 Att. O M. Leon Dep. Excerpts, #18 Att. P T. Olsen Dep. Excerpts, #19 Att. Q E. Robinson Dep. Excerpts, #20 Att. R WestSide Bank Dep., R. Thomas Dep. Excerpts, #21 Att. S 12/1/2014 T. Anderson Dep. Excerpts, #22 Att. T 12/2/2014 K. Axberg Dep. Excerpts)(Felix, Korin) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 327 MOTION for Summary Judgment On Liability Against Defendant Mark Ward with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A Access Dep. Bentley Excerpts, #4 Att. B Access Dep. Peterson Excerpts, #5 Att. C M. Baker Dep. Excerpts, #6 Att. D M. Leon Dep. Excerpts, #7 Att. E J. McCarter Dep. Excerpts, #8 Att. F K. Merrill Dep. Excerpts, #9 Att. G E. Robinson Dep Excerpts, #10 Att. H. M. Ward Dep Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 326 MOTION for Summary Judgment Against Defendant James McCarter with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A Access Dep. Bentley Excerpts, #4 Att. B Access Dep. Peterson Excerpts, #5 Att. C M. Baker Dep. Excerpts, #6 Att. D M. Leon Dep. Excerpts, #7 Att. E J. McCarter Dep. Excerpts, #8 Att. F K. Merrill Dep. Excerpts, #9 Att. G V. Murillo Dep. Excerpts, #10 Att. H E. Robinson Dep. Excerpts, #11 Att. I M. Ward Dep. Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 325 MOTION for Summary Judgment Against Defendant Patricia Brandmeier Robinson, As Executor of the Estate of Jerry L. Robinson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A Access Dep. Bentley Excerpts, #4 Att. B Access Dep. Peterson Excerpts, #5 Att. C M. Baker Dep. Excerpts, #6 Att. D M. Leon Dep. Excerpts, #7 Att. E J. McCarter Dep. Excerpts, #8 Att. F K. Merrill Dep. Excerpts, #9 Att. G V. Murillo Dep. Excerpts, #10 Att. H E. Robinson Dep. Excerpts, #11 Att. I M. Ward Dep. Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 324 MOTION for Summary Judgment On Liability Against Defendant Earl G. Robinson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A Access Dep., Bentley Excerpts, #4 Att. B Access Dep. Peterson Excerpts, #5 Att. C M. Baker Dep. Excerpts, #6 Att. D M. Leon Dep. Excerpts, #7 Att. E J. McCarter Dep. Excerpts, #8 Att. F K. Merrill Dep. Excerpts, #9 Att. G V. Murillo Dep. Excerpts, #10 Att. H E. Robinson Dep. Excerpts, #11 Att. I M. Ward Dep. Dep. Excerpts)(Brown, Philip) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 323 MOTION for Summary Judgment on Liability Against Defendants EDebitPay LLC, Dale Paul Cleveland, and William R. Wilson with Brief In Support by Federal Trade Commission. (Attachments: #1 Brief Memorandum in Support, #2 Statement of Material Facts, #3 Att. A - Baker Dep Excerpts, #4 Att. B - Cleveland Dep Excerpts, #5 Att. C - Cleveland 30b6 Dep Excerpts, #6 Att. D - Leon Dep Excerpts, #7 Att. E - Merrill Dep Excerpts, #8 Att. F - Murillo Dep Excerpts, #9 Att. G - Peterson 30b6 Dep Excerpts, #10 Att. H - Vazquez Dep Excerpts, #11 Att. I - M Wilson Dep Excerpts, #12 Att. J - W Wilson Dep Excerpts, #13 Att. K - W Wilson 30b6 Dep Excerpts, #14 Att. L - Andrews Dep Excerpts)(Park, Hong) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 322 MOTION for Leave to File Matters Under Seal re: #321 Notice of Filing with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Felix, Korin) |
| Filing 321 PROVISIONALLY SEALED NOTICE Of Filing Digital Media containing customer service recordings in support of Motions for Summary Judgment by Federal Trade Commission (Felix, Korin) |
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Filing 320
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #320 Notice (Other). (adg) |
| Filing 319 Minute Entry for proceedings held before Judge William M. Ray, II: Status Conference held on 1/19/2021 to logistical issues relating to upcoming summary judgment briefing. Written order to follow; see minutes for details. (Court Reporter Wynette Blathers)(jkl) |
| NOTICE OF VIDEO PROCEEDING : Status Conference set for 1/19/2021 at 09:30 AM via Zoom before Judge William M. Ray II. Connection Instructions: https://ganduscourts.zoomgov.com/j/1617611190 Meeting ID: 161 761 1190 Password: 1705 Audio via phone: 1 646 828 7666 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jkl) |
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Filing 318
ORDER: Notice is hereby given that the Court sets a status/case management hearing to be conducted via ZOOM VIDEO in this case for Tuesday, January 19, 2021 at 9:30 a.m. before the Honorable William M. Ray, II. Signed by Judge William M. Ray, II on 12/29/2020. (ah)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #318 Order,, Set Deadlines/Hearings,. (ah) |
| Clerk's Certificate of Mailing as to Earl Robinson and Mark Ward re #317 Notice (Other). (ah) |
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Filing 317
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
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| Filing 316 CERTIFICATE OF SERVICE re Notice of Plaintiff's Expert Disclosures and Suppl of Its Second Amended Initial Disclosures, First Decl of Devesh Raval, Second Decl of Devesh Raval, and Decl of Patti D. Joyner by Federal Trade Commission.(Park, Hong) |
| Clerk's Certificate of Mailing as to Mark Ward and Earl G Robinson re #314 Notice (Other). (ah) |
| Filing 315 CERTIFICATE OF SERVICE Plaintiff's Second Amended Initial Disclosures by Federal Trade Commission.(Park, Hong) |
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Filing 314
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
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| Filing 313 NOTICE by Guadalupe L. Andrews of Certificate of Consent for Withdrawal of Counsel (Caplan, Michael) |
| Filing 312 CERTIFICATE OF SERVICE of iStream Financial Services, Inc.'s Responses and Objections to Plaintiff's Second Set of Interrogatories by iStream Financial Services, Inc..(Caplan, Michael) |
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Filing 311
ORDER denying #295 Motion to Stay. Signed by Judge William M. Ray, II on 9/10/2020. (ah)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #311 Order on Motion to Stay. (ah) |
| Filing 310 Mail sent to Mark Ward re #299 Notice (Other) Returned as Undeliverable. (rjs) |
| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #309 Order. (rvb) |
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Filing 309
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
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| Filing 308 NOTICE by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. of Supplemental Authority (Attachments: #1 Exhibit A - FTC v. Lending Club Corp., 18-cv-02454 (N.D. Cal. Aug. 20, 2020))(Caplan, Michael) |
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Filing 307
ORDER granting Petitioner Elliot Kelly's #304 Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 8/20/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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Filing 306
ORDER granting Petitioner Deborah Bessner's #303 Application for Admission Pro Hac Vice. Signed by Judge William M. Ray, II on 8/20/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ah)
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| APPROVAL by Clerks Office re: #303 APPLICATION for Admission of Deborah Bessner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10023079).. Attorney Deborah Bessner added appearing on behalf of Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (cdg) |
| APPROVAL by Clerks Office re: #304 APPLICATION for Admission of Elliot Kelly Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10023089).. Attorney Elliot Kelly added appearing on behalf of Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (cdg) |
| Submission of #295 MOTION to Stay Pending the Supreme Court's Decision in AMG Capital Management, LLC v. FTC, to District Judge William M. Ray II. (ah) |
| Filing 305 CERTIFICATE OF SERVICE for FTC's Second Set of Interrogatories to iStream Financial Services, Inc. by Federal Trade Commission.(Felix, Korin) |
| Filing 304 APPLICATION for Admission of Elliot Kelly Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10023089).by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 303 APPLICATION for Admission of Deborah Bessner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10023079).by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 302 Minute Entry for proceedings held before Judge William M. Ray, II: #295 MOTION Taken Under Advisement. The Court heard oral argument on the contested motion to stay via Zoom video call and will issue a ruling after reviewing the matter further. Hearing Concluded. (Court Reporter Wynette Blathers)(ah) |
| Filing 301 Mail sent to Mark Ward re #296 Order Returned as Undeliverable. (rjs) |
| Filing 300 REPLY BRIEF re #295 MOTION to Stay Pending the Supreme Court's Decision in AMG Capital Management, LLC v. FTC filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| ZOOM INSTRUCTIONS for August 12th hearing: Link: https://ganduscourts.zoomgov.com/j/1601757757 Meeting ID: 160 175 7757 Passcode: 1705 Audio via phone option: 1 646 828 7666 (jkl) |
| NOTICE: Defendant Mark Ward's address updated. (jkl) |
| Clerk's Certificate of E-mailing Zoom instructions to Earl G. Robinson (earlgrobinson72@icloud.com) and Mark Ward (markhowardward@gmail.com).(jkl) |
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Filing 299
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #299 Notice (Other). (ah) |
| Filing 298 RESPONSE in Opposition re #295 MOTION to Stay Pending the Supreme Court's Decision in AMG Capital Management, LLC v. FTC filed by Federal Trade Commission. (Felix, Korin) |
| Filing 297 Mail Returned as Undeliverable. Mail sent to Mark Ward re #293 Notice (Other). Return to Sender. Attempted-Unknown. Unable to Forward. (tcc) |
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Filing 296
ORDER: Notice is hereby given that the Court sets a hearing to be conducted via ZOOM VIDEO on the Motion to Stay #295 in this case for Wednesday, August 12, 2020 at 1:30 p.m. before the Honorable William M. Ray, II. Signed by Judge William M. Ray, II on 7/24/2020. (ah)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #296 Order Setting Hearing on Motion. (ah) |
| Filing 295 MOTION to Stay Pending the Supreme Court's Decision in AMG Capital Management, LLC v. FTC with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Caplan, Michael) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #293 Notice (Other). (ah) |
| Filing 294 Mail Returned as Undeliverable. Mail sent to Mark Ward re #291 Notice (Other) (Attachments: #1 Envelope) (kt) |
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Filing 293
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
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| Filing 292 Mail sent to Mark Ward re #285 Order Returned as Undeliverable. (rjs) |
| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #291 Notice (Other). (jed) |
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Filing 291
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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| Filing 290 NOTICE by Federal Trade Commission of Certificate of Consent to Withdrawal of Counsel (Attachments: #1 Text of Proposed Order Proposed Order)(Felix, Korin) |
| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #289 Motion Hearing. (ah) |
| Filing 289 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 6/4/2020. The Court heard from counsel on the #284 Joint Motion for Discovery Extension and will GRANT the motion. However, the Court cautioned no further extensions will be granted, absent extraordinary cause. The Court will not stay this case and directed parties to make the necessary adjustments, such as taking depositions via video. Any attorneys not actively on the case should file a withdrawal. Hearing Concluded. (Court Reporter Wynette Blathers)(ah) |
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Filing 288
ORDER granting #284 Motion for Extension of Time to Complete Discovery. Phase II Discovery shall be extended through September 30, 2020. Signed by Judge William M. Ray, II on 6/4/2020. (ah)
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| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #288 Order on Motion for Extension of Time to Complete Discovery. (ah) |
| Submission of #284 Joint MOTION for Extension of Time to Complete Discovery re Limited Phase II Discovery, to District Judge William M. Ray II. (ah) |
| Filing 287 CERTIFICATE OF SERVICE for Amended Initial Disclosures and Responses to Interrogatories by Federal Trade Commission.(Felix, Korin) |
| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #286 Notice (Other). (ah) |
| ZOOM INSTRUCTIONS for virtual hearing on #284 Joint MOTION for Extension of Time to Complete Discovery set for 6/4/2020 at 01:30 PM before Judge William M. Ray II: Link: https://ganduscourts.zoomgov.com/j/1610974495 Meeting ID: 161 097 4495 Password: 1705 Dial, audio only: +1 646 828 7666 (jkl) |
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Filing 286
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI)
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| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #285 Order Setting Hearing on Motion,. (ah) |
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Filing 285
ORDER Setting Hearing on #284 Joint MOTION for Extension of Time to Complete Discovery for Thursday, June 4, 2020 at 1:30 p.m. before the Honorable William M. Ray, II. The hearing will NOT be a live hearing in the courtroom. Instructions for ZOOM will be sent separately from the docket. Signed by Judge William M. Ray, II on 5/19/2020. (ah)
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| Filing 284 Joint MOTION for Extension of Time to Complete Discovery re Limited Phase II Discovery with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order Ex. A Proposed Order)(Felix, Korin) |
| Filing 283 CERTIFICATE OF SERVICE Supplemental Objections and Responses to Interrogatories 6 and 7 from Defendants' Joint 30(b)(6) Interrogatories by Federal Trade Commission.(Felix, Korin) |
| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #282 Notice (Other). (ah) |
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Filing 282
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #281 Order. (ah) |
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Filing 281
ORDER re #280 Certificate of Consent to Withdrawal of Counsel: The Clerk of Court is directed to strike Bryan B. Lavine, Keith J. Barnett, and Tiffany N. Bracewells names as counsel of record for Defendant James P. McCarter. Signed by Judge William M. Ray, II on 4/27/2020. (ah)
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| Filing 280 NOTICE by James McCarter of Certificate of Consent of Withdrawal of Counsel (Attachments: #1 Text of Proposed Order)(Lavine, Bryan) |
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Filing 279
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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| Clerk's Certificate of Mailing as to Patricia Brandmeier Robinson, Mark Ward re #279 Notice (Other). (jpa) |
| Filing 278 CERTIFICATE OF SERVICE for FTC's Objections and Responses to Defendants' Joint 30(b)(6) Interrogatories by Federal Trade Commission.(Felix, Korin) |
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Filing 276
ORDER denying the #275 Joint Motion to Stay due to National Emergency. The parties are ordered to continue with any discovery that can be completed taking appropriate precautions with regard to the Coronavirus situation. For example, written discovery can certainly proceed. Close to the end of the discovery period, if the parties have not been able to complete discovery depositions, they are free at that point and time to contact the Court to ask for an extension, however, the extension should not be related to things that can be accomplished in the interim. Signed by Judge William M. Ray, II on 03/20/20. (aaq)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, and Mark Ward RE: #276 Order. (aaq) |
| Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #277 Order. (ah) |
| Filing 275 Joint MOTION to Stay Due to National Emergency by Federal Trade Commission. (Brown, Philip) |
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Filing 277
General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (ah)
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| Filing 274 Notice for Leave of Absence for the following date(s): February 14, 2020, February 17, 2020, February 28, 2020, April 6, 2020 - April 10, 2020; May 1, 2020, June 1, 2020 - June 5, 2020, July 2, 2020 - July 3, 2020, July 23, 2020 - July 24, 2020, July 27, 2020, September 8, 2020 - September 11, 2020, October 8, 2020 - October 9, 2020, October 12, 2020, December 28, 2020 - December 30, 2020, by Michael A. Caplan. (Caplan, Michael) |
| Filing 273 NOTICE by James McCarter of Withdrawal of Counsel (Balthrop, Katie) |
| Filing 272 NOTICE of Appearance by Philip Z. Brown on behalf of Federal Trade Commission (Brown, Philip) |
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Filing 271
ORDER granting withdrawal of counsel re #270 Certificate of Consent to Withdrawal of Counsel. The Clerk of Court is directed to strike Alexis Buese Miller and Lauren M. De Lilly's names as counsel of record for Defendants EDebit Pay, LLC, Dale Paul Cleveland and William R. Wilson. Signed by Judge William M. Ray, II on 1/8/20. (rlb)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #271 Order. (rlb) |
| Filing 270 Certificate of Consent to Withdrawal of Counsel by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw As Counsel)(De Lilly, Lauren) Modified on 1/8/2020 to edit text (rlb). |
| RETURN of #266 APPLICATION for Admission of Philip Z. Brown Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: petitioner's status. (pmb) |
| Filing 269 Certificate of Consent for Substitution of Counsel by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (Mapen, Jeffrey) Modified on 12/23/2019 to edit text (rlb). |
| Filing 266 APPLICATION for Admission of Philip Z. Brown Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Federal Trade Commission. (Burns, Anna) |
| Filing 268 ANSWER to #223 Amended Complaint by Mark Ward.(jkl) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 265 ANSWER to #223 Amended Complaint by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Gieser, Caroline) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 264 NOTICE of Appearance by Caroline Gieser on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (Gieser, Caroline) |
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Filing 263
Order Setting Discovery and Summary Judgment Schedule. Phase Two discovery shall close on May 31, 2020. Motions for Summary Judgment must be filed no later than October 30, 2020. Responses to motion shall be due November 20, 2020, with replies due December 11, 2020. Signed by Judge William M. Ray, II on 12/17/19. (rlb)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #263 Order. (rlb) |
| Filing 267 ANSWER to #223 Amended Complaint by Earl G. Robinson.(jkl) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 262 Answer ANSWER to #223 Amended Complaint by Patricia Brandmeier Robinson.(Ficken, Allison) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 261 iStream Financial Services, Inc., Richard Joachim, and Kris Axberg's ANSWER to #223 Amended Complaint (Second) by iStream Financial Services, Inc..(Caplan, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 260 ANSWER to #223 Amended Complaint by James McCarter.(Lavine, Bryan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 259 guadalupe Andrews on behalf of Chet Andrews ANSWER to #223 Amended Complaint (Second) by Chet Andrews.(Caplan, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 258 STATUS REPORT Joint Status Report and Proposed Schedule by Federal Trade Commission. (Park, Hong) |
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Filing 257
ORDER: The Eleventh Circuit denied Petitioner's permission to appeal this Court's July 24, 2019 Order therefore, it is ORDERED the Court expects the parties to move promptly towards a final resolution of this matter. The parties are to submit no later than Monday, December 2, 2019, a joint status report which contains proposed scheduling deadlines. Signed by Judge William M. Ray, II on 11/22/19. (rlb)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #257 Order,. (rlb) |
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Filing 256
ORDER of USCA - 11th Circuit DENYING Petitioner's Petition for Permission to Appeal from the district court's July 24, 2019 order under 28 U.S.C. subsection 1292(b) is DENIED. USCA Case No. 19-90013-B. (kac)
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Filing 255
ORDER of USCA- 11th Circuit re: Extension to file: Motion for extension to file response to motion filed by Respondent Federal Trade Commission is GRANTED by clerk. (pjm)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #254 Order. (rlb) |
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Filing 254
ORDER: It is ORDERED that Defendants' respective Motions to Dismiss #225 , #226 , #227 , #228 , #229 , #232 , and #233 are DENIED. The Court GRANTS Defendants' request for leave to file an interlocutory appeal. Pursuant to 28 U.S.C. 1292(b), the parties shall have ten days from the date entry below to file an application for immediate review. The Court finds that it in the interest of justice that the case is STAYED pending the completion of appellate proceedings. Signed by Judge William M Ray, II on 7/24/19. (rlb)
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| Filing 253 Request for Leave of Absence for the following date(s): June 3, 2019 - June 7, 2019; July 1, 2019 - July 5, 2019; August 5, 2019 - August 6, 2019, August 23, 2019; September 12, 2019 - September 13, 2019; September 16, 2019; October 10, 2019 - October 11, 2019, by Michael A. Caplan. (Caplan, Michael) |
| Filing 252 NOTICE of Supplemental Authority filed by Guadalupe L. Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc. on behlf of Guadalupe L. Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc. (Attachments: #1 Exhibit A - FTC v. Shire Viropharma, Inc., No. 18-1807 (3rd Cir. Feb. 25, 2019))(Caplan, Michael) Modified on 2/27/2019 to edit text (bnp). Modified on 3/1/2019 to edit filers (bnp). |
| Filing 251 TRANSCRIPT of Motion Hearing held on February 12, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers, Telephone number (404) 215-1547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/12/2019. Redacted Transcript Deadline set for 3/22/2019. Release of Transcript Restriction set for 5/20/2019. (Attachments: #1 Notice of Filing Transcript) (wxb) |
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Filing 250
ORDER granting #217 Motion to Substitute. The Clerk is directed to substitute "Guadalupe L. Andrews, as Personal Representative of the Estate of Chet L. Andrews" for the deceased defendant Chet Andrews. Signed by Judge William M Ray, II on 2/14/2019. (bnp)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #250 Order. (bnp) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #249 Minute Sheet and Oral Order. (bnp) |
| Filing 249 Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 2/12/2019. The parties presented oral argument on Defendants' pending Motions to Dismiss and Plaintiff's Motion to Substitute Party. Plaintiff moved to amend the #217 Motion to Substitute to instead name Guadalupe L. Andrews, as personal representative of the Estate of Chet L. Andrews. The Court granted this request. The Court DENIED all of the Defendants' #225 , #226 , #227 , #228 , #229 , #232 , #233 Motions to Dismiss for reasons stated on the record. Motions for summary judgment could still be filed at a future date. The Court GRANTED #217 Plaintiff's Motion to Substitute, as amended during the hearing, and directed counsel to prepare an order for the Court's review. The iStream Defendants moved for the Court to certify its forthcoming order denying the Motion to Dismiss for an immediate appeal to the 11th Circuit. Plaintiff rebutted Defendants' positions that these motions were dispositive of the entire case and that the case should be stayed pending an interlocutory appeal. Defendants followed with closing argument. The Court GRANTED Defendants' request and directed Mr. Caplan to prepare the order on the certification. The Court will STAY discovery pending the appeal. Hearing adjourned. (Court Reporter Wynette Blathers)(bnp) |
| ORAL MOTION to Certify forthcoming Order by iStream Financial Services, Inc. RE: #249 Motion Hearing. (bnp) |
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ORAL ORDER granting iStream Defendants' Motion to Certify forthcoming Order and directing Mr. Caplan to prepare the order on the certification. Ruled on by Judge William M Ray, II on 2/12/2019. RE: #249 Motion Hearing. (bnp)
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| Filing 248 REPLY BRIEF re #232 MOTION to Dismiss, #227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #225 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #233 MOTION to Dismiss, #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #226 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #228 MOTION to Dismiss the Federal Trade Commission's Second Amended Complaint filed by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Caplan, Michael) |
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Filing 247
ORDER: Having reviewed Defendants' #246 Motion for Permission to Bring Technology Into Courtroom, it is hereby ORDERED that attorneys Mr. Leonard L. Gordon, Ms. Mary M. Gardner, Mr. Richard P. Lawson, and Mr. Andrew Case each be allowed to bring electronic equipment, including a laptop, cellular phone, and/or tablet, to Courtoom 1705 of the United States Courthouse during the motions hearing scheduled before the Honorable William M. Ray, II on Tuesday, February 12, 2019 at 1:30 p.m. Signed by Judge William M Ray, II on 2/6/2019. (bnp)
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| Filing 246 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
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Filing 245
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM: Counsel for Defendants, Jeffrey L. Mapen, Jessica R. Watson, Michael L. Mallow, Alexis Miller Buese, and Lauren M. De Lilly, may bring electronic equipment, including a laptop and cell phone, into Courtroom 1705 during the motions hearing set for February 12, 2019 at 01:30 PM. Signed by Judge William M Ray, II on 2/6/2019. (bnp)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #247 Order Allowing Audio/Visual Equipment in the Courtroom. (bnp) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #244 Order. (rlb) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #245 Order Allowing Audio/Visual Equipment in the Courtroom. (bnp) |
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Filing 244
ORDER granting #242 MOTION to Allow a Consolidated Reply in Further Support of Defendants' Seven Motions to Dismiss the Second Amended Complaint. The Defendants shall be permitted to file a Consolidated Reply in Further Support of Their Motions to Dismiss the Second Amended Complaint on or before February 8, 2019. The Consolidated Reply shall be no more than 30 pages in length. Signed by Judge William M Ray, II on 2/5/2019. (rlb)
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| Filing 243 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Text of Proposed Order)(Mapen, Jeffrey) |
| Filing 242 Unopposed MOTION to Allow a Consolidated Reply in Further Support of Defendants' Seven Motions to Dismiss the Second Amended Complaint by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
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Filing 241
ORDER: This case is scheduled for a hearing on February 12, 2019. The Court hereby ORDERS that any and all responses to motions and replies to responses to motions that are scheduled to be argued at the February 12, 2019 hearing, be filed with the Clerk of Court no later than 5:00 pm. on Friday, February 8, 2019. Signed by Judge William M Ray, II on 1/30/2019. (bnp)
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| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #241 Order. (bnp) |
| Clerk's Certificate of Mailing to Earl G. Robinson, Mark Ward re Notice of Hearing on Motion. (jkl) |
| NOTICE of Hearing on motions #217 , #225 , #226 , #227 , #228 , #229 , #232 . Motion Hearing reset for 2/12/2019 at 01:30 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Submission of #225 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #233 MOTION to Dismiss, #228 MOTION to Dismiss the Federal Trade Commission's Second Amended Complaint, #232 MOTION to Dismiss, #226 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge William M Ray II. (jpa) |
| NOTICE OF CANCELLATION of Hearing set for 1/15/2019 per #240 Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations. A new hearing date on the Motions #217 , #225 , #226 , #227 , #228 , #229 , #232 will be set once the stay is lifted. (jkl) |
| Clerk's Certificate of Mailing to Earl G. Robinson, Mark Ward re Notice of Cancellation of Hearing. (jkl) |
| Clerk's Certificate of Mailing as to Earl G. Robinson RE: #240 Order. (aaq) |
| Clerk's Certificate of Mailing as to Mark Ward RE: #240 Order. (aaq) |
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Filing 240
Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations. Signed by Chief Judge Thomas W. Thrash, Jr. on 12/26/18.(aaq)
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| Filing 239 RESPONSE in Opposition re #232 MOTION to Dismiss, #227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #225 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #233 MOTION to Dismiss, #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #226 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #228 MOTION to Dismiss the Federal Trade Commission's Second Amended Complaint filed by Federal Trade Commission. (Attachments: #1 Exhibit Declaration of W. Wilson, #2 Exhibit Declaration of D. Cleveland, #3 Exhibit Declaration of C. Reilly)(Felix, Korin) |
| Filing 238 NOTICE of Hearing on Motions #217 , #225 , #226 , #227 , #228 , #229 , #232 is RESET for 1/15/2019 at 02:00 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #238 Notice of Hearing on Motion. (jkl) |
| Filing 237 NOTICE Setting Hearing on the pending motions for Monday, December 17, 2018, at 10:30 AM in ATLA Courtroom 1705 before Judge William M Ray II. (ddm) |
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Filing 236
ORDER denying the parties' #235 Joint Motion to Stay Discovery Pending the Court's Ruling on Defendants' Motion to Dismiss FTC's Second Amended Complaint. Signed by Judge William M Ray, II on 11/28/18. (ddm)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #237 Notice of Hearing, #236 Order. (ddm) |
| Filing 235 Joint MOTION to Stay Discovery Pending the Court's Ruling on Defendants' Motions to Dismiss the FTC's Second Amended Complaint by Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Attachments: #1 Text of Proposed Order)(Caplan, Michael) |
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Filing 234
ORDER granting Guadlupe Leticia Gallegos Andrews' Motion to Extend the Deadline to Respond #221 . Signed by Judge William M Ray, II on 11/27/18. (ddm)
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| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #234 Order. (ddm) |
| Clerk's Certificate of Mailing to Earl Robinson, Mark Ward re #231 Order on Motion for Extension of Time. (jkl) |
| Submission of #217 MOTION to Substitute Party Pursuant to FRCP 25(a), to District Judge William M Ray II. (ddm) |
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Filing 231
ORDER granting #230 Motion for Extension of Time. The Federal Trade Commission shall be permitted to file a Consolidated Opposition to the Defendants' Motions to Dismiss the Second Amended Complaint. The Consolidated Opposition shall be no more than 40 pages in length and shall be filed no later than December 13, 2018. Defendants shall file Reply Memorandum no later than January 10, 2019. Signed by Judge William M Ray, II on 11/19/18. (jkl)
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| Filing 230 Emergency MOTION for Extension of Time File Oppositions to Motions to Dismiss and to File Consolidated Opposition re: #227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #225 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #226 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #228 MOTION to Dismiss the Federal Trade Commission's Second Amended Complaint with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Felix, Korin) |
| Filing 233 MOTION to Dismiss, with Brief In Support, filed by Earl G. Robinson. (ddm) |
| Filing 232 MOTION to Dismiss, with Brief In Support, filed by Mark Ward. (ddm) |
| Filing 229 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by James McCarter. (Attachments: #1 Brief, #2 Exhibit A - Redline)(Lavine, Bryan) |
| Filing 228 MOTION to Dismiss the Federal Trade Commission's Second Amended Complaint with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Brief in Support of Their Motion to Dismiss the Federal Trade Commission's Second Amended Complaint)(Mapen, Jeffrey) |
| Filing 227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Patricia Brandmeier Robinson. (Dovin, Edward) |
| Filing 226 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Chet Andrews. (Attachments: #1 Brief in Support of Estate of Chet Andrews's Motion to Dismiss the Federal Trade Commission's Complaint, #2 Exhibit 1, #3 Exhibit 2)(Caplan, Michael) |
| Filing 225 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by iStream Financial Services, Inc.. (Attachments: #1 Brief in Support of iStream Defendants' Motion to Dismiss the Second Amended Complaint, #2 Exhibit 1)(Caplan, Michael) |
| Filing 224 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 223 Second AMENDED COMPLAINT against All Defendants filed by Federal Trade Commission.(Felix, Korin) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #221 MOTION for Extension of Time to File Response re: #217 MOTION to Substitute Party, to District Judge William M Ray II. (ddm) |
| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re Case Assigned/Reassigned. Notice of street name change for the Atlanta courthouse included. (rsh) |
| Case Reassigned to Judge William M Ray, II. Judge Timothy C. Batten, Sr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-3094-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (rsh) |
| Filing 222 RESPONSE in Opposition re #217 MOTION to Substitute Party Pursuant to FRCP 25(a) Guadlupe Leticia Gallegos Andrews filed by Guadlupe Leticia Gallegos Andrews. (Caplan, Michael) |
| Filing 221 MOTION for Extension of Time to File Response re: #217 MOTION to Substitute Party Pursuant to FRCP 25(a) Guadlupe Leticia Gallegos Andrews by Guadlupe Leticia Gallegos Andrews. (Attachments: #1 Declaration of Andrew Case, #2 Exhibit 1 to Case Declaration, #3 Exhibit 2 to Case Declaration, #4 Exhibit 3 to Case Declaration, #5 Exhibit 4 to Case Declaration, #6 Text of Proposed Order)(Caplan, Michael) |
| Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #220 Order on Motion for Extension of Time, #219 Order. Notice of street name change for the Atlanta courthouse included. (jlm) |
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Filing 220
ORDER granting #218 Motion for Extension of Time. A limited extension of the current Phase I discovery deadline is granted to allow the above depositions to take place through November 16, 2018. Phase II discovery related to third parties will close on March 15, 2019. Signed by Judge Timothy C. Batten, Sr. on 10/15/18. (jlm)
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Filing 219
ORDER VACATING as to PART III.D.2 of the Court's previous #181 Opinion. Court holds that when the FTC attempts to bring suit under 53(b), it must satisfy the Court under Rule 8 that it has a reason to believe that each of the Defendants is violating or is about to violate the law. When the FTCs reason to believe is predicated upon past conduct, it must show that a defendant is about to violate the law requiring more than mere likelihood of resuming the offending conductin order to state a claim. The next step is for the Court to go Defendant-by-Defendant and ascertain whether the FTC has properly alleged that each is violating or is about to violate the law. Prior to this step, however, the Court will hear from the parties in light of this Order. And at the FTCs behest, it will be granted leave to file a second amended complaint within twenty-one days to correct any deficiencies. Upon the filing of the FTCs second amended complaint or the expiration of twenty-one days, whichever is sooner, Defendants will have ten days to file motions to dismiss, strictly limited to the issue of whether the FTC has adequately pleaded facts showing that Defendants are violating or about to violate the law under Section 53(b) as described in this Order. Defendants should also reiterate which claims would be time barred under Section 57b if the FTC has failed to make the requisite showing to invoke Section 53(b) as to those claims. Signed by Judge Timothy C. Batten, Sr. on 10/15/18. (jlm)
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| Filing 218 MOTION for Extension of Time to Conduct Certain Phase I Depositions and Request for Phase II Schedule with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Averill, Elizabeth) |
| Filing 217 MOTION to Substitute Party Pursuant to FRCP 25(a) Guadlupe Leticia Gallegos Andrews with Brief In Support by Federal Trade Commission. (Attachments: #1 Affidavit)(Averill, Elizabeth) |
| Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #216 Minute Sheet on Discovery Hearing and Order on Motion to Withdraw as Attorney as to defendant Robinson.. Notice of street name change for the Atlanta courthouse included. (jlm) |
| Filing 216 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Discovery Hearing held. Court heard argument. Granted motion to withdraw by Mr. Wigington (and by Mr. Meuti after the conference), seeing that all documents and tangiblethings requested have already been produced. The Court found that FTCdoes not have to return documents. The Court wants to move this case totrial as quickly as possible and asked the parties to work together as muchas possible in the future. Court GRANTED #194 & #204 Motions to withdraw attorneys Michael Dominic Meuti and Cody Sams Wigington as counsel for defendant Earl G. Robinson. Hearing concluded. (jlm) |
| Filing 215 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 214 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 213 CERTIFICATE OF SERVICE by James McCarter.(Balthrop, Katie) |
| Filing 212 CERTIFICATE OF SERVICE of Discovery by Earl G. Robinson.(Wigington, Cody) |
| APPROVAL by Clerks Office re: #211 APPLICATION for Admission of Kimberly L Nelson Pro Hac Vice. Attorney Anna Mirshak Burns added appearing on behalf of Federal Trade Commission (jkm) |
| APPROVAL by Clerks Office re: #210 APPLICATION for Admission of Matthew S. Renick Pro Hac Vice (Application fee $ 150, receipt number 113E-8121874). Attorney Michael A. Caplan added appearing on behalf of iStream Financial Services, Inc. (jkm) |
| MINUTE ORDER granting #210 Application for Admission Pro Hac Vice of Matthew S. Renick; granting #211 Application for Admission Pro Hac Vice of Kimberly L. Nelson. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 9/7/18. (se) |
| Filing 211 APPLICATION for Admission of Kimberly L Nelson Pro Hac Vice with Brief In Support by Federal Trade Commission. (Burns, Anna) |
| Filing 210 APPLICATION for Admission of Matthew S. Renick Pro Hac Vice (Application fee $ 150, receipt number 113E-8121874)by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 209 CERTIFICATE OF SERVICE of Defendant iStream Financial Services, Inc., Richard Joachim, and Kris Axberg's Responses and Objections to Plaintiffs First Set of Interrogatories by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) |
| Submission of #194 MOTION to Withdraw Cody Sams Wigington as Attorney, to District Judge Timothy C. Batten Sr.. (jlm) |
| Filing 208 Certification of Consent to Substitution of Counsel. R. Michael Waller replacing attorney R. Michael Waller. (Attachments: #1 Text of Proposed Order)(Waller, R.) |
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Filing 207
ORDER granting #206 Motion for Extension of Time to Complete Discovery. Phase One Discovery ends on 10/31/2018. Signed by Judge Timothy C. Batten, Sr. on 8/21/18. (jlm)
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| Clerk's Certificate of Mailing as to Mark Ward re #207 Order on Motion for Extension of Time to Complete Discovery. Notice of street name change for the Atlanta courthouse included. (jlm) |
| Filing 206 Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order Ex. A Proposed Order)(Felix, Korin) |
| Filing 205 CERTIFICATE OF SERVICE for Response to McCarter's Revised First Set of Interrogatories to the Federal Trade Commission by Federal Trade Commission.(Felix, Korin) |
| Filing 204 SUPPLEMENTAL MOTION to WITHDRAW Michael D. Meuti as COUNSEL for defendant Earl G. Robinson, by Earl G. Robinson. (Attachments: #1 Text of Proposed Order)(Wigington, Cody) Modified on 8/17/2018 (jlm). |
| Filing 203 REPLY to Response to Motion re #194 MOTION to Withdraw Cody Sams Wigington as Attorney filed by Earl G. Robinson. (Wigington, Cody) |
| Filing 202 NOTICE of Appearance by Anna Mirshak Burns on behalf of Federal Trade Commission (Burns, Anna) |
| Filing 201 CERTIFICATE OF SERVICE of Discovery Requests (1st Set of Interrog. to William R. Wilson, Dale Paul Cleveland, EDebit Pay, LLC) by Federal Trade Commission.(Park, Hong) |
| Filing 200 CERTIFICATE OF SERVICE of Defendant iStream Financial Services, Inc.'s Amended Responses and Objections to Plaintiff's Second Request for Production of Documents by iStream Financial Services, Inc..(Caplan, Michael) |
| Submission of #193 Order, #195 Response (Non-Motion), #196 Response (Non-Motion), to District Judge Timothy C. Batten Sr.. (jlm) |
| Filing 199 RESPONSE in Opposition re #194 MOTION to Withdraw Cody Sams Wigington as Attorney filed by Federal Trade Commission. (Averill, Elizabeth) |
| Clerk's Certificate of Mailing as to Mark Ward re #198 Telephone Conference. Notice of street name change for the Atlanta courthouse included. (rsh) |
| Filing 198 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 8/1/2018 re: discovery dispute. Court directed deposition to go forward on 8/2/18 as scheduled. Hearing concluded. (Court Reporter Lori Burgess)(rsh) |
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Filing 197
ORDER: Court orders pursuant to Rule 30(d)(1) that depositions of more than seven hours are permitted for parties and formerly party-associated employees, provided that a party noticing a greater-than-seven-hour deposition and any persons (including nonparties) objecting thereto must first meet and confer in good faith to discuss the possibility of limiting the cost and expense associated with the extended deposition. This Order shall apply specifically to the deposition of Martha Leon, as well as generally to all depositions meeting the description contained in this Order. Signed by Judge Timothy C. Batten, Sr. on 8/1/18. (rsh)
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| Filing 196 RESPONSE re #193 Order on Motion to Dismiss, FTC's Response to the Courts' July 11, 2018 Request for Supplemental Briefing filed by Federal Trade Commission. (Park, Hong) |
| Filing 195 RESPONSE re #193 Order on Motion to Dismiss, Defendants' Response to the Courts' July 11, 2018 Request for Supplemental Briefing filed by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 194 MOTION to Withdraw Cody Sams Wigington as Attorneyby Earl G. Robinson. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Wigington, Cody) |
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Filing 193
ORDER denying #183 Motion to Dismiss; however, the Court orders supplemental briefing as detailed in Order. Defendants should submit a brief of no more than twenty pages by July 23, 2018. The FTC shall submit a response of no more than twenty pages by July 30. No replies will be permitted, unless the Court orders otherwise. Signed by Judge Timothy C. Batten, Sr. on 7/10/18. (rsh)
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| Clerk's Certificate of Mailing as to Mark Ward re #193 Order on Motion to Dismiss. Notice of street name change for the Atlanta courthouse included. (rsh) |
| Filing 192 NOTICE by Chet Andrews of Death of Defendant Chet Andrews (Caplan, Michael) |
| Filing 191 CERTIFICATE OF SERVICE of Discovery by James McCarter.(Balthrop, Katie) |
| Filing 190 CERTIFICATE OF SERVICE Plaintiff's Second Set of Requests for Production to Defendant iStream Financial Services, Inc. by Federal Trade Commission.(Averill, Elizabeth) |
| Submission of #183 MOTION to Dismiss the Federal Trade Commission's Amended Complaint For Lack of Subject Matter Jurisdiction, to District Judge Timothy C. Batten Sr.. (bnw) |
| Filing 189 REPLY BRIEF re #183 MOTION to Dismiss the Federal Trade Commission's Amended Complaint For Lack of Subject Matter Jurisdiction filed by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 188 ANSWER to Amended Complaint by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 187 Patricia Brandmeier Robinson ANSWER to Amended Complaint by Patricia Brandmeier Robinson.(Dovin, Edward) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 186 ANSWER to Amended Complaint by Earl G. Robinson.(Wigington, Cody) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 185 ANSWER to Amended Complaint by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 184 RESPONSE in Opposition re #183 MOTION to Dismiss the Federal Trade Commission's Amended Complaint For Lack of Subject Matter Jurisdiction filed by Federal Trade Commission. (Park, Hong) |
| MINUTE ORDER granting #179 Application for Admission Pro Hac Vice of Amanda Christine. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 4/25/18. (se) |
| Filing 183 MOTION to Dismiss the Federal Trade Commission's Amended Complaint For Lack of Subject Matter Jurisdiction with Brief In Support by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, Patricia Brandmeier Robinson, Mark Ward, William R. Wilson, iStream Financial Services, Inc.. (Attachments: #1 Brief in Support of Motion to Dismiss the Federal Trade Commission's Amended Complaint For Lack of Subject Matter Jurisdiction)(Caplan, Michael) |
| Filing 182 CERTIFICATE OF SERVICE for Responses to Defendant Earl Robinson's Requests for Production, Second Set of Requests for Admission, and Interrogatories by Federal Trade Commission.(Felix, Korin) |
| Clerks Certificate of Mailing as to Mark Ward re #181 Order. Notice of street name change for the Atlanta courthouse included. (jlm) |
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Filing 181
ORDER DENYING #133 , #134 , #136 , #138 and #171 Motions to Dismiss and GRANTING EDP Parties' #137 Second Motion for the Court to Take Judicial Notice. Ward, Earl Robinson, EDP Parties, the iStream Parties and Patricia Robinson are required to file their responsive pleadings within 21 days. Signed by Judge Timothy C. Batten, Sr on 4/16/18. (jlm) (See #219 Order VACATING as to PART III.D.2 of this Order)
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| Filing 180 CERTIFICATE OF SERVICE Responses and Objections to Plaintiff's First Set of Requests for Production of Documents by Patricia Brandmeier Robinson.(Dovin, Edward) |
| APPROVAL by Clerks Office re: #179 APPLICATION for Admission of Amanda Christine Basta Pro Hac Vice (per db). Attorney Amanda C. Basta added appearing on behalf of Federal Trade Commission (pmb) |
| Filing 179 APPLICATION for Admission of Amanda Christine Basta Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, R.) |
| Filing 178 RESPONSE re #171 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant Patricia Brandmeier Robinson as Executor of Estate of Jerry Robinson filed by Federal Trade Commission. (Averill, Elizabeth) |
| Filing 177 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 4/3/2018. Court heard argument on EDebitPay's motion to dismiss. Court directed that the defendants' unified brief should be filed on April 20; FTC's response should be filed by May 4; and Defendants' reply is due on May 11. Discussion re extension of discovery. Phase 1 discovery will now end 9/30/18 and all other discovery deadlines will be extended accordingly. Written order to follow. Hearing concluded. (Court Reporter Lori Burgess)(jlm) |
| Filing 176 RESPONSE in Opposition re #134 MOTION to Dismiss FTC's Sur-Reply filed by Federal Trade Commission. (Park, Hong) |
| Filing 175 NOTICE of Appearance by Edward Joseph Dovin on behalf of Patricia Brandmeier Robinson (Dovin, Edward) |
| Filing 174 NOTICE by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson re #161 Reply Brief of Supplemental Authority (Attachments: #1 Exhibit A - Shire Order)(Mapen, Jeffrey) |
| Filing 173 CERTIFICATE OF SERVICE of Discovery by James McCarter.(Balthrop, Katie) |
| Notification of Docket Correction re 3/27/18 Notice of Hearing on Motion. Entry corrected to link to correct motion for the hearing. (jlm) |
| Clerks Certificate of Mailing as to Mark Ward and attorney Omolara Bewaji Joseney re #172 Order on Motion for Leave to File. Notice of street name change for the Atlanta courthouse included. (jlm) |
| NOTICE of Hearing on Motion re: #134 MOTION to Dismiss. Motion Hearing set for 4/3/2018 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (se) |
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Filing 172
ORDER GRANTING #162 Motion for Leave to File a Sur-reply. FTC is ordered to file its sur-reply by 3/30/18, limited to rebuttal of the statute of limitations issue raised in EDP Partais' reply brief. Signed by Judge Timothy C. Batten, Sr on 3/26/18. (jlm)
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| Filing 171 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Patricia Brandmeier Robinson. (Attachments: #1 Brief in Support)(Ficken, Allison) |
| Filing 170 CERTIFICATE OF SERVICE of Discovery by Earl G. Robinson.(Wigington, Cody) |
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Filing 169
ORDER granting #167 Motion for Oral Argument. Court will coordinate with parties, schedule hearing and post notice on docket. Signed by Judge Timothy C. Batten, Sr on 3/21/18. (rsh)
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| Filing 168 CERTIFICATE OF SERVICE of iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Second Interrogatories to Plaintiff the Federal Trade Commission by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) |
| Filing 167 MOTION for Oral Argument re #134 MOTION to Dismiss by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 166 CERTIFICATE OF SERVICE of Plaintiff's Amended Responses to Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's First Request for Production by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 165 RESPONSE in Opposition re #162 MOTION for Leave to File Sur-Reply to EDP Defendants' Reply in Support of Motion to Dismiss filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 164 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Patricia Brandmeier Robinson, as Executor of the Estate of Jerry L. Robinson by Federal Trade Commission.(Felix, Korin) |
| Filing 163 REPLY to Response to Motion re #133 MOTION to Dismiss filed by Mark Ward. (adg) |
| Submission of #133 MOTION to Dismiss, #134 MOTION to Dismiss, #136 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #137 MOTION Requesting Court to Take Judicial Notice of Documents and #138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM,submitted to District Judge Timothy C. Batten. (jlm) |
| Filing 162 MOTION for Leave to File Sur-Reply to EDP Defendants' Reply in Support of Motion to Dismiss by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Park, Hong) |
| Filing 161 REPLY BRIEF re #134 MOTION to Dismiss FTC's First Amended Complaint filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 160 REPLY BRIEF re #138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Earl G. Robinson. (Wigington, Cody) |
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Filing 159
ORDER GRANTING #157 Motion for Extension of Time to Answer re Amended Complaint. Patricia Brandmeier Robinson Answer due 3/22/2018. Signed by Judge Timothy C. Batten, Sr on 3/9/18. (jlm)
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| Filing 158 REPLY BRIEF re #136 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Clerks Certificate of Mailing as to Mark Ward re #159 Order on Motion for Extension of Time to Answer. Notice of street name change for the Atlanta courthouse included. (jlm) |
| Filing 157 MOTION for Extension of Time to File Answer by Patricia Brandmeier Robinson. (Attachments: #1 Text of Proposed Order Proposed Order)(Ficken, Allison) |
| Filing 156 CERTIFICATE OF SERVICE of Amended Responses to Defendant Earl Robinson's First Set of Requests for Admission by Federal Trade Commission.(Felix, Korin) |
| Filing 155 NOTICE of Appearance by Katie Lamb Balthrop on behalf of James McCarter (Balthrop, Katie) |
| Notification of Docket Correction - entry corrected to be a MOTION to Dismiss #133 , and response in opposition #154 (jkl) |
| Filing 154 RESPONSE IN OPPOSITION re #133 MOTION to Dismiss filed by Federal Trade Commission. (Kim, Reenah) Text modified on 2/26/2018 (jkl). |
| Filing 153 RESPONSE in Opposition re #137 MOTION Requesting Court to Take Judicial Notice of Documents filed by Federal Trade Commission. (Park, Hong) |
| Filing 152 RESPONSE in Opposition re #134 MOTION to Dismiss filed by Federal Trade Commission. (Attachments: #1 Exhibit 1)(Park, Hong) |
| Filing 151 RESPONSE in Opposition re #138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Earl G. Robinson filed by Federal Trade Commission. (Felix, Korin) |
| Filing 150 RESPONSE in Opposition re #136 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Filed by iStream Financial Services, Inc., Kris Axberg, Richard Joachim filed by Federal Trade Commission. (Averill, Elizabeth) |
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Filing 149
ORDER granting #143 FTC's Motion to Unseal Document #128 . Seal on First Amended Complaint is lifted. Signed by Judge Timothy C. Batten, Sr on 2/22/18. (rsh)
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| Filing 148 NOTICE of Appearance by Allison S. H. Ficken on behalf of Jerry L. Robinson (Ficken, Allison) |
| Filing 147 CERTIFICATE OF SERVICE of Responses to Discovery by Federal Trade Commission.(Park, Hong) |
| Filing 146 CERTIFICATE OF SERVICE of iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Responses to Plaintiff's First Set of Requests for Production by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) |
| Filing 145 CERTIFICATE OF SERVICE by Earl G. Robinson.(Wigington, Cody) |
| Filing 144 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 143 MOTION to Unseal Document #128 Notice of Filing filed by Federal Trade Commission with Brief In Support by Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Felix, Korin) |
| Filing 142 CERTIFICATE OF SERVICE filed by James McCarter Regarding Response to Discovery Requests (Bracewell, Tiffany) |
| Filing 141 CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendant Chet Andrews's First Request for Production and First Set of Interrogatories by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 140 CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's First Request for Production and First Set of Interrogatories by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 139 ANSWER to #128 Amended Complaint by James McCarter.(Bracewell, Tiffany) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/12/2018 (jlm). |
| Filing 138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's #128 Amended Complaint with Brief In Support by Earl G. Robinson. (Attachments: #1 Brief Brief in Support)(Wigington, Cody) Modified on 2/12/2018 (jlm). |
| Filing 137 Second MOTION Requesting Court to Take Judicial Notice of Documents by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mapen, Jeffrey) Modified on 2/9/2018 (jlm). |
| Filing 136 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #128 Amended Complaint with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Brief of iStream Defendants in Support of their Motion to Dismiss the FTC's Amended Complaint)(Caplan, Michael) Modified on 2/9/2018 (jlm). |
| Filing 135 ANSWER to #128 Amended Complaint by Chet Andrews. Discovery ends on 7/9/2018.(Caplan, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/9/2018 (jlm). |
| Filing 134 MOTION to Dismiss #128 Amended Complaint with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Brief)(Mapen, Jeffrey) Modified on 2/9/2018 (jlm). |
| Filing 133 MOTION to Dismiss filed by Mark Ward. (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 envelope)(jkl) Modified on 2/26/2018 to change to motion (jkl). |
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Filing 132
ORDER granting #108 Motion to Substitute Party. Patricia Brandmeier Robinson added as Executor of Estate of Jerry L. Robinson. Jerry L. Robinson terminated. Signed by Judge Timothy C. Batten, Sr on 2/7/18. (rsh)
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Filing 131
ORDER granting #109 , #110 Motion to Withdraw as Attorney. Attorney Claudia Callaway and Robert C. Khayat, Jr terminated. Signed by Judge Timothy C. Batten, Sr on 2/7/18. (rsh)
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Filing 130
ORDER granting #129 FTC's Motion for Leave to File First Amended Complaint under seal. FTC directed to move to lift seal, in whole or part no later than 2/23/18. Signed by Judge Timothy C. Batten, Sr on 2/6/18. (rsh)
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| Submission of #108 MOTION to Substitute Party Patricia Brandmeier Robinson, as executor of the Estate of Jerry L. Robinson, #110 MOTION to Withdraw Claudia Callaway as Attorney, #109 MOTION to Withdraw Robert C. Khayat, Jr as Attorney, submitted to District Judge Timothy C. Batten. (jlm) |
| Clerks Certificate of Mailing as to Mark Ward re #127 Protective Order. Notice of street name change for the Atlanta courthouse included. (rsh) |
| UNSEALED - See Document #128 AMENDED COMPLAINT against All Defendants, filed by Federal Trade Commission. (Contained in #128 Sealed Notice of Filing)(jlm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 2/9/2018 (jlm). Modified on 2/22/2018 to unseal (rsh). |
| Filing 129 MOTION for Leave to File Matters Under Seal re: #128 Notice of Filing with Brief In Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Felix, Korin) |
| Filing 128 NOTICE Of Filing First Amended Complaint by Federal Trade Commission (Attachments: #1 Exhibit First Amended Complaint)(Felix, Korin) Modified on 2/6/2018 (rsh). Modified on 2/22/2018 to unseal (rsh). |
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Filing 127
CONSENT PROTECTIVE ORDER as to confidential information. Signed by Judge Timothy C. Batten, Sr on 1/29/18. (rsh)
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| APPROVAL by Clerks Office re: #103 APPLICATION for Admission of Hong Park Pro Hac Vice. Attorney Richard Waller added appearing on behalf of Federal Trade Commission (jkm) |
| MINUTE ORDER granting #103 Application for Admission Pro Hac Vice of Hong Park Pro. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 1/23/18. (se) |
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Filing 126
Government's Emergency MOTION and ADMINISTRATIVE ORDER STAYING Civil Proceedings in Light of Lapse of Appropriations. Signed by Judge Thomas W. Thrash, Jr on 1/22/18. (jlm)
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| Filing 125 CERTIFICATE OF SERVICE of First Request for Production to Defendant Richard Joachim by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 124 CERTIFICATE OF SERVICE of First Request for Production to Defendant Kris Axberg by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 123 CERTIFICATE OF SERVICE of First Request for Production to Defendant Chet Andrews by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 122 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Mark Ward by Federal Trade Commission.(Felix, Korin) |
| Filing 121 CERTIFICATE OF SERVICE of First Requests for Production to Defendant iStream Financial Services, Inc. by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 120 CERTIFICATE OF SERVICE of FTC Response to Defendant Earl G. Robinson's Requests for Admissions by Federal Trade Commission.(Kim, Reenah) |
| Filing 119 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant William Wilson by Federal Trade Commission.(Felix, Korin) |
| Filing 118 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant James McCarter by Federal Trade Commission.(Felix, Korin) |
| Filing 117 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Hornbeam Special Situations, LLC by Federal Trade Commission.(Felix, Korin) |
| Filing 116 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant EDebitPay, LLC by Federal Trade Commission.(Felix, Korin) |
| Filing 115 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Earl Robinson by Federal Trade Commission.(Felix, Korin) |
| Filing 114 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Dale Cleveland by Federal Trade Commission.(Felix, Korin) |
| Filing 113 Consent MOTION for Protective Order Regarding Confidential Information by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Kim, Reenah) |
| Filing 112 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 111 CERTIFICATE OF SERVICE for Discovery Requests to Defendant Keith Merrill by Federal Trade Commission.(Felix, Korin) |
| Filing 110 MOTION to Withdraw Claudia Callaway as Attorneyby Jerry L. Robinson. (Callaway, Claudia) |
| Filing 109 MOTION to Withdraw Robert C. Khayat, Jr as Attorneyby Jerry L. Robinson. (Khayat, Robert) |
| Filing 108 MOTION to Substitute Party Patricia Brandmeier Robinson, as executor of the Estate of Jerry L. Robinson with Brief In Support by Federal Trade Commission. (Attachments: #1 Affidavit of Elizabeth J. Averill)(Averill, Elizabeth) |
| Filing 107 NOTICE by Federal Trade Commission of Death of Defendant Jerry L. Robinson (Averill, Elizabeth) |
| Filing 106 CERTIFICATE OF SERVICE of Individual Defendant Chet Andrews's First Interrogatories to FTC, First Request for Production of Documents to FTC, and Notice of Intent to Serve Subpoenas on Non-Parties by Chet Andrews.(Caplan, Michael) |
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Filing 105
STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT entered in favor of the Commission against defendant Keith Merrill in the amount of $13,359,743.30. (See Order/Judgment for specific terms of permanent injunction)Court retains jurisdiction of this matter for purposes of construction, modification, and enforcement of this Order. Signed by Judge Timothy C. Batten, Sr on 1/10/18. (jlm)
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Filing 104
ORDER GRANTING AS DESCRIBED in this order, EDP's #39 Motion for Court to Take Judicial Notice of certain documents attached as exhibits to their motion. Signed by Judge Timothy C. Batten, Sr on 1/10/18. (jlm)
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ORDER denying as moot #35 Motion to Stay. The motion is denied as moot as a result of the Court's order dismissing #34 motion to dismiss as moot. The case will proceed as instructed. See #95 , #99 . (Entered by law clerk at Court's instruction). Signed by Judge Timothy C. Batten, Sr on 1/10/2018.
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| Clerks Certificate of Mailing as to Scott M. Lesowitz, attorney for Keith Merrill, at Raines Feldman LLP, 1800 Avenue of the Stars, 12th Floor, Los Angeles, CA 90067 re #105 Stipulated Order for Permanent Injunction and Monetary Judgment as to Defendant Keith Merrill. (jlm) |
| Filing 103 APPLICATION for Admission of Hong Park Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard) |
| Filing 102 FTC's NOTICE of Filing PROPOSED STIPULATED ORDER for Permanent Injunction and Monetary Judgment as to Defendant Keith Merrill (Attachments: #1 Text of Proposed Order Stipulated Order as to Defendant Keith Merrill)(Averill, Elizabeth) Modified on 1/10/2018 (jlm). |
| Filing 101 CERTIFICATE OF SERVICE for Defendants Earl G. Robinsons First Set of Requests for Admissions to Plaintiff Federal Trade Commission by Earl G. Robinson.(Wigington, Cody) |
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ORAL ORDER DENYING AS MOOT #34 , #37 , #40 , #41 , #48 and #54 Motions to Dismiss. See #99 Order for Court's instruction. (At direction of chambers). Signed by Judge Timothy C. Batten, Sr on 1/3/18. (jlm)
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| Filing 100 CERTIFICATE OF SERVICE of iStream Defendants' First Interrogatories and First Request for Production to Plaintiff Federal Trade Commission by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) |
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Filing 99
ORDER GRANTING IN PART and DENYING IN PART McCarter's #47 Motion to Dismiss for Failure to State a Claim. McCarter will not be dropped as a party, nor will the claims against him be dismissed. Plaintiff is ORDERED to file an amended complaint on or before 1/31/18, which fully sets forth its claims against all Defendants. All Defendants who timely moved to dismiss the original complaint will have until 2/9/18 to answer or move to dismiss the amended complaint. Court clarifies that Phase 1 of discovery has commenced and is to close on 4/30/18. Signed by Judge Timothy C. Batten, Sr on 1/2/18. (jlm)
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| Filing 98 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Motion Hearing held on 12/21/2017 re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter. Oral argument on defendant McCarter's motion to dismiss. The Court directed Plaintiff FTC to replead to make it more fact-specific, by January 31, 2018. Written order forthcoming. (Court Reporter Andy Ashley)(rsh) |
| Clerks Certificate of Mailing as to Mark Ward re #97 Order. Notice of street name change for the Atlanta courthouse included. (jlm) |
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Filing 97
ORDER DENYING Defendants' #91 MOTION for Oral Argument except with respect to defendant James McCarter's MOTION to Dismiss for Failure to State a Claim. ORAL ARGUMENT HEARING re this motion is to be conducted by Ms. Tiffany Bracewell, Esq and is set for 12/21/2017 at 01:30 PM in NEWN 3rd Floor Courtroom before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr on 12/15/17. (jlm)
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| Filing 95 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Scheduling Conference held on 12/12/2017. Court DENIED #38 Motion to Sever. Discussion re: progression of case, phased discovery. Phase 1 discovery to end on 4/30/18. Hearing concluded. (Court Reporter Lori Burgess)(jlm) |
| Clerks Entry of Default as to Cardinal Points Holdings, LLC, Cardinal Points Management, LLC, Gyroscope Management Holdings, LLC, Hornbeam Special Situations, LLC, Platinum Online Group,LLC, clickXchange Media, LLC (rsh) |
| Phase One Discovery ends on 4/30/2018. (jlm) |
| Filing 96 REPLY to Response to Motion re #54 MOTION to Dismiss filed by Mark Ward. (adg) |
| Filing 94 MOTION for Clerks Entry of Default Against Defendants Hornbeam Special Situations, LLC; Gyroscope Management Holdings, LLC; Cardinal Points Management, LLC; Cardinal Points Holdings, LLC; Platinum Online Group, LLC; clickXchange Media, LLC by Federal Trade Commission. (Attachments: #1 Affidavit of Elizabeth J. Averill)(Averill, Elizabeth) |
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Filing 93
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 12/12/17 at 10:00 AM for a hearing in this case. Signed by Judge Timothy C. Batten, Sr on 12/11/17. (jlm)
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| Submission of #54 MOTION to Dismiss, submitted to District Judge Timothy C. Batten. (jlm) |
| Filing 92 RESPONSE in Opposition re #91 MOTION for Oral Argument re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #38 MOTION to Sever , #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter, #40 MOTION TO DISMISS FOR FAIL filed by Federal Trade Commission. (Attachments: #1 Exhibit Exhibit A)(Felix, Korin) |
| MINUTE ORDER granting #80 Application for Admission Pro Hac Vice of Claudia Callaway. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 11/29/17. (se) |
| Filing 91 MOTION for Oral Argument re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #38 MOTION to Sever , #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter, #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Chet Andrews, Kris Axberg, Dale Paul Cleveland, EDebitPay,LLC, Richard Joachim, James McCarter, Earl G. Robinson, William R. Wilson, iStream Financial Services, Inc.. (Caplan, Michael) |
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Filing 90
ORDER GRANTING #81 & #82 Motions to Stay Case as to defendant Robinson only through and including 12/1/17. Signed by Judge Timothy C. Batten, Sr on 11/21/17. (jlm)
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| NOTICE of Hearing: Scheduling Conference set for 12/12/2017 at 10:00 AM in ATLA Courtroom 2106 before Judge Timothy C. Batten Sr. (se) |
| APPROVAL by Clerks Office re: #80 APPLICATION for Admission of Claudia Callaway Pro Hac Vice (Application fee $ 150, receipt number 113E-7506141). Attorney Claudia Callaway added appearing on behalf of Jerry L. Robinson (pmb) |
| Filing 89 CERTIFICATE OF SERVICE of Initial Disclosures by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Watson, Jessica) |
| Filing 88 CERTIFICATE OF SERVICE for Plaintiff's Initial Disclosures by Federal Trade Commission.(Averill, Elizabeth) |
| Filing 87 CERTIFICATE OF SERVICE of iStream Defendants' Initial Disclosures by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael) |
| Filing 86 CERTIFICATE OF SERVICE of Earl G. Robinson's Initial Disclosures by Earl G. Robinson.(Wigington, Cody) |
| Filing 85 CERTIFICATE OF SERVICE for Initial Disclosures by Chet Andrews.(Case, Andrew) |
| Filing 84 CERTIFICATE OF SERVICE for Initial Disclosures by James McCarter.(Lavine, Bryan) |
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ORDER cancelling mediation. The mediation set for November 21, 2017 is hereby CANCELLED at the request of Mr. Robinson's counsel. As there is nothing further for Judge Salinas to do as the settlement judge, the Clerk is DIRECTED to terminate the reference of this case to Judge Salinas. Signed by Magistrate Judge Catherine M. Salinas on 11/16/17. (CMS)
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| Case no longer referred to Magistrate Judge Catherine M. Salinas. (jlm) |
| Filing 83 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Federal Trade Commission. (Felix, Korin) |
| Filing 82 SUPPLEMENTAL Consent MOTION to Stay Proceedings and Suspend Filing Obligations Upon the Death of Defendant Jerry L. Robinson (Supplement) by Jerry L. Robinson. (Khayat, Robert) Modified on 11/16/2017 (jlm). |
| Filing 81 MOTION to Stay Proceedings and Suspend Filing Obligations Upon the Death of Defendant Jerry L. Robinson by Jerry L. Robinson. (Khayat, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Three telephone conferences with counsel held on 11/15/2017. (CMS) |
| Filing 80 APPLICATION for Admission of Claudia Callaway Pro Hac Vice (Application fee $ 150, receipt number 113E-7506141)by Jerry L. Robinson. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
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Filing 79
ORDER GRANTING #75 Consent Motion for Extension of Time to and including 11/15/17 for defendant to file a reply to #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Timothy C. Batten, Sr on 11/14/17. (jlm)
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| Filing 78 REPLY BRIEF re #35 MOTION to Stay filed by Earl G. Robinson. (Wigington, Cody) |
| Filing 77 REPLY BRIEF re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Earl G. Robinson. (Wigington, Cody) |
| Filing 76 REPLY BRIEF re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter filed by James McCarter. (Attachments: #1 Appendix, #2 Exhibit A-FTC v. Student Aid Complaint, #3 Exhibit B-FTC v. IAB Marketing Complaint, #4 Exhibit C-FTC v. ELH Consulting Order, #5 Exhibit D-FTC v. ELH Consulting Complaint, #6 Exhibit E-FTC v. DeVry Educ. Order, #7 Exhibit F-FTC v. DeVry Educ. Complaint (Pt. 1), #8 Exhibit F-FTC v. DeVry Educ. Complaint (Pt. 2), #9 Exhibit G-FTC v. Centro Natural Complaint, #10 Exhibit H-FTC v. AMG Servs. Complaint)(Lavine, Bryan) |
| Filing 75 Consent MOTION for Extension of Time File Reply re: #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jerry L. Robinson. (Attachments: #1 Text of Proposed Order)(Khayat, Robert) |
| Filing 74 REPLY BRIEF re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chet Andrews. (Attachments: #1 Exhibit 1 - FTC v. Windward, #2 Exhibit 2 - FTC v. Global, #3 Exhibit 3 - FTC v. Neovi)(Caplan, Michael) |
| Filing 73 REPLY BRIEF re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 72 NOTICE by Kris Axberg, Richard Joachim, iStream Financial Services, Inc. of Joinder in Defendant Earl G. Robinson's Motion to Stay Certain Pretrial and Discovery Deadlines (Caplan, Michael) |
| Filing 71 REPLY to Response to Motion re #39 MOTION Motion Requesting Court to Take Judicial Notice of Documents filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 70 REPLY to Response to Motion re #38 MOTION to Sever filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 69 REPLY to Response to Motion re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Submission of #34 Motion to Dismiss for Failure to State a Claim, #35 MOTION to Stay, #37 Motion to Dismiss for Failure to State a Claim, #38 MOTION to Sever, #39 Motion Requesting Court to Take Judicial Notice of Documents, #40 Motion to Dismiss for Failure to State a Claim, #41 Motion to Dismiss for Failure to State a Claim, #47 Motion to Dismiss for Failure to State a Claim of Defendant James McCarter and #48 Motion to Dismiss for Failure to State a Claim, submitted to District Judge Timothy C. Batten. (jlm) |
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Filing 68
ORDER directing Plaintiff Federal Trade Commission ("FTC") and Defendant Jerry R. Robinson to appear for mediation on November 21, 2017, at 9:30 a.m. in Courtroom 1810, 18th Floor, United States Courthouse, 75 Ted Turner Drive, S.W. (formerly Spring Street, S.W.), Atlanta, Georgia 30303. The parties, their representatives, and all other participants in the upcoming mediation are hereby ORDERED to keep all communications, negotiations, and statements made during the course mediation confidential. Signed by Magistrate Judge Catherine M. Salinas on 11/8/17. (rsh)
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| Filing 67 MINUTE ORDER granting #49 Application for Admission Pro Hac Vice of Michael L. Mallow; granting #50 Application for Admission Pro Hac Vice of Lauren M. DeLilly; granting #51 Application for Admission Pro Hac Vice of Alexis Miller Buese. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 11/7/17. (se) |
| MINUTE ORDER granting #27 Application for Admission Pro Hac Vice of Andrew Case. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 11/7/17. (se) |
| Filing 66 RESPONSE re #54 MOTION to Dismiss filed by Federal Trade Commission. (Kim, Reenah) |
| Submission of #65 Order Referring Case to Mediation for the FTC and Jerry Robinson, submitted to Magistrate Judge Catherine M. Salinas. (adg) |
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Filing 65
ORDER DIRECTING the FTC and Jerry Robinson to participate in mediation. Case REFERRED to Magistrate Judge Catherine M. Salinas. Signed by Judge Timothy C. Batten, Sr on 11/2/2017. (adg)
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Filing 64
EX PARTE SEALED ORDER. Signed by Judge Timothy C. Batten, Sr on 11/2/2017. (adg).
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| Clerks Certificate of Mailing #64 Ex Parte Order to counsel for Federal Trade Commission and Jerry L. Robinson. (adg) |
| Filing 63 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Chet Andrews filed by Federal Trade Commission. (Averill, Elizabeth) |
| Filing 62 RESPONSE in Opposition re #40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of iStream Defendants filed by Federal Trade Commission. (Averill, Elizabeth) |
| Filing 61 RESPONSE in Opposition re #38 MOTION to Sever by EDP Defendants filed by Federal Trade Commission. (Felix, Korin) |
| Filing 60 RESPONSE in Opposition re #39 MOTION Motion Requesting Court to Take Judicial Notice of Documents by EDP Defendants filed by Federal Trade Commission. (Felix, Korin) |
| Filing 59 RESPONSE in Opposition re #35 MOTION to Stay by Defendant Earl G. Robinson filed by Federal Trade Commission. (Felix, Korin) |
| Filing 58 RESPONSE in Opposition re #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter filed by Federal Trade Commission. (Felix, Korin) |
| Filing 57 RESPONSE in Opposition re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EDP Defendants filed by Federal Trade Commission. (Felix, Korin) |
| Filing 56 RESPONSE in Opposition re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Earl G. Robinson filed by Federal Trade Commission. (Felix, Korin) |
| Filing 55 RESPONSE in Opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Jerry L. Robinson filed by Federal Trade Commission. (Attachments: #1 Exhibit 1 - Report and Recommendation, FTC v. Student Aid Ctr., #2 Exhibit 2 - Order Adopting Report and Recommendation, FTC v. Student Aid Ctr., #3 Exhibit 3 - Order Denying Mot. to Dismiss, FTC v. IAB Mktg. Assocs., #4 Exhibit 4 - Order Clarifying Order Denying Mot. to Dismiss, US v. Feature Films for Families, #5 Exhibit 5 - Complaint, FTC v. Ivy Capital, #6 Exhibit 6 - FTC Opp. to Mot. to Dismiss, FTC v. IAB Mktg. Assocs., #7 Exhibit 7 - Complaint, FTC v. IAB Mktg. Assocs., #8 Exhibit 8 - Complaint, FTC v. ELH Consulting, #9 Exhibit 9 - Report and Recommendation, FTC v. Info. Mgmt. Forum, #10 Exhibit 10 - Order Adopting Report and Recommendation, FTC v. Info. Mgmt. Forum)(Felix, Korin) |
| MINUTE ORDER granting #29 Application for Admission Pro Hac Vice of Richard Lawson; granting #30 Application for Admission Pro Hac Vice Leonard L. Gordon; granting #31 Application for Admission Pro Hac ViceMary M. Gardner; granting #33 Application for Admission Pro Hac Vice of Michael Dominic Meuti. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 10/24/17. (se) |
| APPROVAL by Clerks Office re: #49 APPLICATION for Admission of Michael L. Mallow Pro Hac Vice (Application fee $ 150, receipt number 113E-7449021). Attorney Michael L. Mallow added appearing on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (pmb) |
| APPROVAL by Clerks Office re: #50 APPLICATION for Admission of Lauren M. De Lilly Pro Hac Vice (Application fee $ 150, receipt number 113E-7449299). Attorney Lauren M. De Lilly added appearing on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (pmb) |
| APPROVAL by Clerks Office re: #51 APPLICATION for Admission of Alexis Miller Buese Pro Hac Vice (Application fee $ 150, receipt number 113E-7449323). Attorney Alexis Miller Buese added appearing on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (pmb) |
| Filing 54 MOTION to Dismiss with Memorandum of Law in Support by Mark Ward. (adg) |
| APPROVAL by Clerks Office re: #33 APPLICATION for Admission of Michael Dominic Meuti Pro Hac Vice (Application fee $ 150, receipt number 113E-7447003). Attorney Michael Dominic Meuti added appearing on behalf of Earl G. Robinson (pmb) |
| APPROVAL by Clerks Office re: #31 APPLICATION for Admission of Mary M. Gardner Pro Hac Vice (Application fee $ 150, receipt number 113E-7443295). Attorney Mary M. Gardner added appearing on behalf of Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (pmb) |
| APPROVAL by Clerks Office re: #30 APPLICATION for Admission of Leonard L. Gordon Pro Hac Vice (Application fee $ 150, receipt number 113E-7443284). Attorney Leonard L. Gordon added appearing on behalf of Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (pmb) |
| APPROVAL by Clerks Office re: #29 APPLICATION for Admission of Richard Lawson Pro Hac Vice (Application fee $ 150, receipt number 113E-7441460). Attorney Richard Lawson added appearing on behalf of Chet Andrews (pmb) |
| Clerks Notation re #53 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| Filing 53 Certificate of Interested Persons by Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Clerks Notation re #52 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| Filing 52 Certificate of Interested Persons by Earl G. Robinson. (Wigington, Cody) |
| Filing 51 APPLICATION for Admission of Alexis Miller Buese Pro Hac Vice (Application fee $ 150, receipt number 113E-7449323)by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 50 APPLICATION for Admission of Lauren M. De Lilly Pro Hac Vice (Application fee $ 150, receipt number 113E-7449299)by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey) |
| Filing 49 APPLICATION for Admission of Michael L. Mallow Pro Hac Vice (Application fee $ 150, receipt number 113E-7449021)by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Attachment A)(Mapen, Jeffrey) |
| Clerks Notation re #46 Certificate of Interested Persons, #42 Corporate Disclosure Statement: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| APPROVAL by Clerks Office re: #27 APPLICATION for Admission of Andrew Case Pro Hac Vice (Application fee $ 150, receipt number 113E-7434837). Attorney Andrew Case added appearing on behalf of Chet Andrews (pmb) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jerry L. Robinson. (Khayat, Robert) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Defendant James McCarter with Brief In Support by James McCarter. (Attachments: #1 Brief)(Lavine, Bryan) |
| Filing 46 Certificate of Interested Persons by James McCarter. (Lavine, Bryan) |
| Filing 45 NOTICE of Appearance by Tiffany Nichols on behalf of James McCarter (Nichols, Tiffany) |
| Filing 44 NOTICE of Appearance by Keith Jerrod Barnett on behalf of James McCarter (Barnett, Keith) |
| Filing 43 NOTICE of Appearance by Bryan B. Lavine on behalf of James McCarter (Lavine, Bryan) |
| Filing 42 Corporate Disclosure Statement by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey) |
| Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Chet Andrews. (Attachments: #1 Brief in Support of Individual Defendant Chet Andrews's Motion to Dismiss the Federal Trade Commission's Complaint)(Caplan, Michael) |
| Filing 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Attachments: #1 Brief in Support of Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Motion to Dismiss the Federal Trade Commission's Complaint, #2 Declaration of Leonard L. Gordon in Support of Defendants iStream Financial Services, Inc., Kris Axberg, and Richard Joachim's Motion to Dismiss the Federal Trade Commission's Complaint, #3 Exhibit 1 to Gordon Declaration, #4 Exhibit 2 to Gordon Declaration, #5 Exhibit 3 to Gordon Declaration, #6 Exhibit 4 to Gordon Declaration, #7 Exhibit 5 to Gordon Declaration, #8 Exhibit 6 to Gordon Declaration, #9 Exhibit 7 to Gordon Declaration, #10 Exhibit 8 to Gordon Declaration, #11 Exhibit 9 to Gordon Declaration, #12 Exhibit 10 to Gordon Declaration)(Caplan, Michael) |
| Filing 39 MOTION Motion Requesting Court to Take Judicial Notice of Documents with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Exhibit 1 - Stipulated Final Order for Permanent Injunction, #2 Exhibit 2 - Order Holding Defendants in Contempt and Ordering Sanctions, #3 Exhibit 3 - Order Denying Motion to Modify Stipulated Final Order for Injunction, #4 Exhibit 4- Class Action Settlement, #5 Exhibit 5 - Order and Final Judgment, #6 Exhibit 6- FTC's Memorandum of Law as Amicus Curiae, #7 Exhibit 7- FTC Complaint against EDebitPay, #8 Exhibit 8 - EDebitPay LLC Entity Information)(Mapen, Jeffrey) |
| Filing 38 MOTION to Sever with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Brief in Support of Motion to Sever Pursuant to FRCP 21)(Mapen, Jeffrey) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Attachments: #1 Brief in Support of Motion to Dismiss)(Mapen, Jeffrey) |
| Filing 36 INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 10/16/17. (jlm) |
| Filing 35 MOTION to Stay with Brief In Support by Earl G. Robinson. (Attachments: #1 Text of Proposed Order Proposed Order)(Wigington, Cody) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Earl G. Robinson. (Attachments: #1 Brief Brief in Support of Motion to Dismiss)(Wigington, Cody) |
| Filing 33 APPLICATION for Admission of Michael Dominic Meuti Pro Hac Vice (Application fee $ 150, receipt number 113E-7447003)by Earl G. Robinson. (Wigington, Cody) |
| Filing 32 NOTICE of Appearance by Cody Sams Wigington on behalf of Earl G. Robinson (Wigington, Cody) |
| Filing 31 APPLICATION for Admission of Mary M. Gardner Pro Hac Vice (Application fee $ 150, receipt number 113E-7443295)by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 30 APPLICATION for Admission of Leonard L. Gordon Pro Hac Vice (Application fee $ 150, receipt number 113E-7443284)by Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael) |
| Filing 29 APPLICATION for Admission of Richard Lawson Pro Hac Vice (Application fee $ 150, receipt number 113E-7441460)by Chet Andrews. (Caplan, Michael) |
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Filing 28
ORDER granting #24 Motion to Stay Case for 90 days as to defendant Keith Merrill. This STAY does not affect the pending deadlines or proceedings as to any other defendant in this case. Signed by Judge Timothy C. Batten, Sr on 10/11/17. (jlm)
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| Filing 27 APPLICATION for Admission of Andrew Case Pro Hac Vice (Application fee $ 150, receipt number 113E-7434837)by Chet Andrews. (Caplan, Michael) |
| Filing 26 NOTICE of Appearance by Julia Blackburn Stone on behalf of Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (Stone, Julia) |
| Filing 25 NOTICE of Appearance by Michael A. Caplan on behalf of Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (Caplan, Michael) |
| Filing 24 Consent MOTION to Stay Proceedings as to Defendant Keith Merrill with Brief In Support by Federal Trade Commission. (Attachments: #1 Exhibit Proposed Order)(Kim, Reenah) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Keith Merrill waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 22 Return of Service Executed by Federal Trade Commission. Hornbeam Special Situations, LLC served on 8/31/2017, answer due 9/21/2017. (Averill, Elizabeth) |
| Filing 21 Return of Service Executed by Federal Trade Commission. clickXchange Media, LLC served on 8/28/2017, answer due 9/18/2017. (Averill, Elizabeth) |
| Filing 20 Return of Service Executed by Federal Trade Commission. Platinum Online Group,LLC served on 8/28/2017, answer due 9/18/2017. (Averill, Elizabeth) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Earl G. Robinson waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Kris Axberg waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Richard Joachim waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. iStream Financial Services, Inc. waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Chet Andrews waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Mark Ward waiver mailed on 8/17/2017, answer due 10/16/2017. (Averill, Elizabeth) |
| MINUTE ORDER granting #3 Application for Admission Pro Hac Vice of Elizabeth Averill; granting #4 Application for Admission Pro Hac Vice of Korin Ewing Felix; granting #5 Application for Admission Pro Hac Vice Reenah L. Kim. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 9/1/17. (se) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. William R. Wilson waiver mailed on 8/17/2017, answer due 10/16/2017. (Waller, Richard) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. James McCarter waiver mailed on 8/17/2017, answer due 10/16/2017. (Waller, Richard) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Jerry L. Robinson waiver mailed on 8/18/2017, answer due 10/17/2017. (Waller, Richard) |
| Filing 10 Return of Service Executed by Federal Trade Commission. Gyroscope Management Holdings, LLC served on 8/23/2017, answer due 9/13/2017. (Waller, Richard) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. EDebitPay,LLC waiver mailed on 8/17/2017, answer due 10/16/2017. (Waller, Richard) |
| Filing 8 Return of Service Executed by Federal Trade Commission. Cardinal Points Management, LLC served on 8/23/2017, answer due 9/13/2017. (Waller, Richard) |
| Filing 7 Return of Service Executed by Federal Trade Commission. Cardinal Points Holdings, LLC served on 8/23/2017, answer due 9/13/2017. (Waller, Richard) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Dale Paul Cleveland waiver mailed on 8/17/2017, answer due 10/16/2017. (Waller, Richard) |
| APPROVAL by Clerks Office re: #4 APPLICATION for Admission of Korin Ewing Felix Pro Hac Vice. Attorney Korin Ewing Felix added appearing on behalf of Federal Trade Commission (pmb) |
| APPROVAL by Clerks Office re: #3 APPLICATION for Admission of Elizabeth Averill Pro Hac Vice. Attorney Elizabeth J. Averill added appearing on behalf of Federal Trade Commission (pmb) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Reenah L Kim Pro Hac Vice. Attorney Reenah L. Kim added appearing on behalf of Federal Trade Commission (pmb) |
| Filing 5 APPLICATION for Admission of Reenah L Kim Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard) |
| Filing 4 APPLICATION for Admission of Korin Ewing Felix Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard) |
| Filing 3 APPLICATION for Admission of Elizabeth Averill Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard) |
| Filing 2 Electronic Summons Issued as to Chet Andrews, Kris Axberg, Cardinal Points Holdings, LLC, Cardinal Points Management, LLC, Dale Paul Cleveland, EDebitPay,LLC, Gyroscope Management Holdings, LLC, Hornbeam Special Situations, LLC, Richard Joachim, James McCarter, Keith Merrill, Platinum Online Group,LLC, Earl G. Robinson, Jerry L. Robinson, Mark Ward, William R. Wilson, clickXchange Media, LLC, iStream Financial Services, Inc.. (Attachments: #1 Summons CARDINAL POINTS MANAGEMENT, #2 Summons CHET ANDREWS, #3 Summons CLICKXCHANGE MEDIA, #4 Summons DALE CLEVELAND, #5 Summons EARL ROBINSON, #6 Summons EDEBITPAY, #7 Summons GYROSCOPE MANAGEMENT HOLDINGS, #8 Summons HORNBEAM SPECIAL SITUATIONS, #9 Summons iSTREAM FINANCIAL SERVICES, #10 Summons JAMES MCCARTER, #11 Summons JERRY ROBINSON, #12 Summons KEITH MERRILL, #13 Summons KRIS AXBERG, #14 Summons MARK WARD, #15 Summons PLATINUM ONLINE GROUP, #16 Summons RICHARD JOACHIM, #17 Summons WILLIAM WILSON)(bnw) |
| Filing 1 COMPLAINT filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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