Federal Trade Commission v. Hornbeam Special Situations, LLC et al
Plaintiff: Federal Trade Commission
Defendant: 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
Petitioner: Guadlupe Leticia Gallegos Andrews
Case Number: 1:2017cv03094
Filed: August 15, 2017
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Timothy C Batten
Referring Judge: William M Ray
Nature of Suit: Other Statutory Actions
Cause of Action: 15:0053
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 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)
September 10, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #311 Order on Motion to Stay. (ah)
September 10, 2020 Opinion or Order Filing 311 ORDER denying #295 Motion to Stay. Signed by Judge William M. Ray, II on 9/10/2020. (ah)
September 9, 2020 Filing 310 Mail sent to Mark Ward re #299 Notice (Other) Returned as Undeliverable. (rjs)
September 5, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #309 Order. (rvb)
September 2, 2020 Opinion or Order 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)
August 21, 2020 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)
August 20, 2020 Opinion or Order 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)
August 20, 2020 Opinion or Order 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)
August 18, 2020 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)
August 18, 2020 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)
August 18, 2020 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)
August 16, 2020 Filing 305 CERTIFICATE OF SERVICE for FTC's Second Set of Interrogatories to iStream Financial Services, Inc. by Federal Trade Commission.(Felix, Korin)
August 13, 2020 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.
August 13, 2020 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.
August 12, 2020 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)
August 10, 2020 Filing 301 Mail sent to Mark Ward re #296 Order Returned as Undeliverable. (rjs)
August 10, 2020 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)
August 5, 2020 Clerk's Certificate of E-mailing Zoom instructions to Earl G. Robinson (earlgrobinson72@icloud.com) and Mark Ward (markhowardward@gmail.com).(jkl)
August 5, 2020 NOTICE: Defendant Mark Ward's address updated. (jkl)
August 5, 2020 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)
August 4, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #299 Notice (Other). (ah)
August 4, 2020 Opinion or Order 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)
August 3, 2020 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)
July 27, 2020 Filing 297 Mail Returned as Undeliverable. Mail sent to Mark Ward re #293 Notice (Other). Return to Sender. Attempted-Unknown. Unable to Forward. (tcc)
July 24, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #296 Order Setting Hearing on Motion. (ah)
July 24, 2020 Opinion or Order 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)
July 20, 2020 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)
July 17, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #293 Notice (Other). (ah)
July 13, 2020 Filing 294 Mail Returned as Undeliverable. Mail sent to Mark Ward re #291 Notice (Other) (Attachments: #1 Envelope) (kt)
July 13, 2020 Opinion or Order 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)
July 6, 2020 Filing 292 Mail sent to Mark Ward re #285 Order Returned as Undeliverable. (rjs)
July 6, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #291 Notice (Other). (jed)
July 2, 2020 Opinion or Order 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)
June 8, 2020 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)
June 5, 2020 Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #289 Motion Hearing. (ah)
June 4, 2020 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)
June 4, 2020 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)
June 4, 2020 Opinion or Order 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)
June 2, 2020 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)
May 29, 2020 Filing 287 CERTIFICATE OF SERVICE for Amended Initial Disclosures and Responses to Interrogatories by Federal Trade Commission.(Felix, Korin)
May 28, 2020 Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #286 Notice (Other). (ah)
May 28, 2020 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)
May 27, 2020 Opinion or Order 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)
May 20, 2020 Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #285 Order Setting Hearing on Motion,. (ah)
May 19, 2020 Opinion or Order 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)
May 15, 2020 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)
May 11, 2020 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)
May 6, 2020 Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #282 Notice (Other). (ah)
May 4, 2020 Opinion or Order 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)
April 28, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #281 Order. (ah)
April 27, 2020 Opinion or Order 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)
April 27, 2020 Filing 280 NOTICE by James McCarter of Certificate of Consent of Withdrawal of Counsel (Attachments: #1 Text of Proposed Order)(Lavine, Bryan)
April 2, 2020 Clerk's Certificate of Mailing as to Patricia Brandmeier Robinson, Mark Ward re #279 Notice (Other). (jpa)
April 2, 2020 Opinion or Order 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)
March 20, 2020 Filing 278 CERTIFICATE OF SERVICE for FTC's Objections and Responses to Defendants' Joint 30(b)(6) Interrogatories by Federal Trade Commission.(Felix, Korin)
March 20, 2020 Clerk's Certificate of Mailing as to Mark Ward and Earl G. Robinson re #277 Order. (ah)
March 20, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson, and Mark Ward RE: #276 Order. (aaq)
March 20, 2020 Opinion or Order 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)
March 19, 2020 Filing 275 Joint MOTION to Stay Due to National Emergency by Federal Trade Commission. (Brown, Philip)
March 16, 2020 Opinion or Order 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)
February 5, 2020 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)
January 28, 2020 Filing 273 NOTICE by James McCarter of Withdrawal of Counsel (Balthrop, Katie)
January 23, 2020 Filing 272 NOTICE of Appearance by Philip Z. Brown on behalf of Federal Trade Commission (Brown, Philip)
January 8, 2020 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #271 Order. (rlb)
January 8, 2020 Opinion or Order 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)
January 7, 2020 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).
January 2, 2020 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)
December 20, 2019 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).
December 20, 2019 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)
December 17, 2019 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.
December 17, 2019 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.
December 17, 2019 Filing 264 NOTICE of Appearance by Caroline Gieser on behalf of Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson (Gieser, Caroline)
December 17, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #263 Order. (rlb)
December 17, 2019 Opinion or Order 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)
December 16, 2019 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.
December 13, 2019 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.
December 13, 2019 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.
December 13, 2019 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.
December 13, 2019 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.
December 2, 2019 Filing 258 STATUS REPORT Joint Status Report and Proposed Schedule by Federal Trade Commission. (Park, Hong)
November 22, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #257 Order,. (rlb)
November 22, 2019 Opinion or Order 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)
November 20, 2019 Opinion or Order 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)
August 16, 2019 Opinion or Order 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)
July 24, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #254 Order. (rlb)
July 24, 2019 Opinion or Order 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)
May 7, 2019 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)
February 26, 2019 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).
February 19, 2019 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)
February 14, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #250 Order. (bnp)
February 14, 2019 Opinion or Order 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)
February 13, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #249 Minute Sheet and Oral Order. (bnp)
February 12, 2019 Opinion or Order 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)
February 12, 2019 ORAL MOTION to Certify forthcoming Order by iStream Financial Services, Inc. RE: #249 Motion Hearing. (bnp)
February 12, 2019 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)
February 8, 2019 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)
February 6, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #247 Order Allowing Audio/Visual Equipment in the Courtroom. (bnp)
February 6, 2019 Opinion or Order 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)
February 6, 2019 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)
February 6, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #245 Order Allowing Audio/Visual Equipment in the Courtroom. (bnp)
February 6, 2019 Opinion or Order 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)
February 6, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #244 Order. (rlb)
February 5, 2019 Opinion or Order 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)
February 5, 2019 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)
January 30, 2019 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)
January 30, 2019 Clerk's Certificate of Mailing as to Earl G. Robinson and Mark Ward re #241 Order. (bnp)
January 30, 2019 Opinion or Order 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)
January 28, 2019 Clerk's Certificate of Mailing to Earl G. Robinson, Mark Ward re Notice of Hearing on Motion. (jkl)
January 28, 2019 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)
January 22, 2019 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)
January 9, 2019 Clerk's Certificate of Mailing to Earl G. Robinson, Mark Ward re Notice of Cancellation of Hearing. (jkl)
January 9, 2019 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)
December 27, 2018 Clerk's Certificate of Mailing as to Mark Ward RE: #240 Order. (aaq)
December 27, 2018 Clerk's Certificate of Mailing as to Earl G. Robinson RE: #240 Order. (aaq)
December 26, 2018 Opinion or Order 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)
December 13, 2018 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)
November 29, 2018 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #238 Notice of Hearing on Motion. (jkl)
November 29, 2018 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)
November 28, 2018 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #237 Notice of Hearing, #236 Order. (ddm)
November 28, 2018 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)
November 28, 2018 Opinion or Order 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)
November 27, 2018 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)
November 27, 2018 Clerk's Certificate of Mailing as to Earl G. Robinson, Mark Ward re #234 Order. (ddm)
November 27, 2018 Opinion or Order 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)
November 20, 2018 Submission of #217 MOTION to Substitute Party Pursuant to FRCP 25(a), to District Judge William M Ray II. (ddm)
November 20, 2018 Clerk's Certificate of Mailing to Earl Robinson, Mark Ward re #231 Order on Motion for Extension of Time. (jkl)
November 19, 2018 Opinion or Order 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)
November 19, 2018 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)
November 15, 2018 Filing 233 MOTION to Dismiss, with Brief In Support, filed by Earl G. Robinson. (ddm)
November 15, 2018 Filing 232 MOTION to Dismiss, with Brief In Support, filed by Mark Ward. (ddm)
November 15, 2018 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)
November 15, 2018 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)
November 15, 2018 Filing 227 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Patricia Brandmeier Robinson. (Dovin, Edward)
November 15, 2018 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)
November 15, 2018 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)
November 9, 2018 Filing 224 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey)
November 5, 2018 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.
November 5, 2018 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)
October 29, 2018 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)
October 29, 2018 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)
October 19, 2018 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)
October 17, 2018 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)
October 16, 2018 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)
October 15, 2018 Opinion or Order 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)
October 15, 2018 Opinion or Order 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)
October 15, 2018 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)
October 5, 2018 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)
September 25, 2018 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)
September 24, 2018 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)
September 14, 2018 Filing 215 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey)
September 10, 2018 Filing 214 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey)
September 10, 2018 Filing 213 CERTIFICATE OF SERVICE by James McCarter.(Balthrop, Katie)
September 7, 2018 Filing 212 CERTIFICATE OF SERVICE of Discovery by Earl G. Robinson.(Wigington, Cody)
September 7, 2018 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)
September 7, 2018 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)
September 7, 2018 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)
September 5, 2018 Filing 211 APPLICATION for Admission of Kimberly L Nelson Pro Hac Vice with Brief In Support by Federal Trade Commission. (Burns, Anna)
September 4, 2018 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)
September 4, 2018 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)
August 27, 2018 Submission of #194 MOTION to Withdraw Cody Sams Wigington as Attorney, to District Judge Timothy C. Batten Sr.. (jlm)
August 22, 2018 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.)
August 21, 2018 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)
August 21, 2018 Opinion or Order 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)
August 20, 2018 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)
August 18, 2018 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)
August 17, 2018 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).
August 17, 2018 Filing 203 REPLY to Response to Motion re #194 MOTION to Withdraw Cody Sams Wigington as Attorney filed by Earl G. Robinson. (Wigington, Cody)
August 17, 2018 Filing 202 NOTICE of Appearance by Anna Mirshak Burns on behalf of Federal Trade Commission (Burns, Anna)
August 13, 2018 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)
August 13, 2018 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)
August 8, 2018 Submission of #193 Order, #195 Response (Non-Motion), #196 Response (Non-Motion), to District Judge Timothy C. Batten Sr.. (jlm)
August 6, 2018 Filing 199 RESPONSE in Opposition re #194 MOTION to Withdraw Cody Sams Wigington as Attorney filed by Federal Trade Commission. (Averill, Elizabeth)
August 6, 2018 Clerk's Certificate of Mailing as to Mark Ward re #198 Telephone Conference. Notice of street name change for the Atlanta courthouse included. (rsh)
August 1, 2018 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)
August 1, 2018 Opinion or Order 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)
July 30, 2018 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)
July 23, 2018 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)
July 23, 2018 Filing 194 MOTION to Withdraw Cody Sams Wigington as Attorneyby Earl G. Robinson. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Wigington, Cody)
July 11, 2018 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)
July 11, 2018 Opinion or Order 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)
July 9, 2018 Filing 192 NOTICE by Chet Andrews of Death of Defendant Chet Andrews (Caplan, Michael)
July 2, 2018 Filing 191 CERTIFICATE OF SERVICE of Discovery by James McCarter.(Balthrop, Katie)
June 15, 2018 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)
June 8, 2018 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)
May 11, 2018 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)
May 7, 2018 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.
May 7, 2018 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.
May 7, 2018 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.
May 7, 2018 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.
May 4, 2018 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)
April 25, 2018 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)
April 20, 2018 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)
April 18, 2018 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)
April 18, 2018 Clerks Certificate of Mailing as to Mark Ward re #181 Order. Notice of street name change for the Atlanta courthouse included. (jlm)
April 16, 2018 Opinion or Order 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)
April 13, 2018 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)
April 11, 2018 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)
April 9, 2018 Filing 179 APPLICATION for Admission of Amanda Christine Basta Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, R.)
April 5, 2018 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)
April 3, 2018 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)
March 30, 2018 Filing 176 RESPONSE in Opposition re #134 MOTION to Dismiss FTC's Sur-Reply filed by Federal Trade Commission. (Park, Hong)
March 30, 2018 Filing 175 NOTICE of Appearance by Edward Joseph Dovin on behalf of Patricia Brandmeier Robinson (Dovin, Edward)
March 29, 2018 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)
March 29, 2018 Filing 173 CERTIFICATE OF SERVICE of Discovery by James McCarter.(Balthrop, Katie)
March 28, 2018 Notification of Docket Correction re 3/27/18 Notice of Hearing on Motion. Entry corrected to link to correct motion for the hearing. (jlm)
March 28, 2018 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)
March 27, 2018 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)
March 26, 2018 Opinion or Order 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)
March 22, 2018 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)
March 22, 2018 Filing 170 CERTIFICATE OF SERVICE of Discovery by Earl G. Robinson.(Wigington, Cody)
March 22, 2018 Opinion or Order 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)
March 21, 2018 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)
March 21, 2018 Filing 167 MOTION for Oral Argument re #134 MOTION to Dismiss by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey)
March 19, 2018 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)
March 15, 2018 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)
March 14, 2018 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)
March 13, 2018 Filing 163 REPLY to Response to Motion re #133 MOTION to Dismiss filed by Mark Ward. (adg)
March 13, 2018 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)
March 12, 2018 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)
March 9, 2018 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)
March 9, 2018 Filing 160 REPLY BRIEF re #138 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Earl G. Robinson. (Wigington, Cody)
March 9, 2018 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)
March 9, 2018 Opinion or Order 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)
March 9, 2018 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)
March 8, 2018 Filing 157 MOTION for Extension of Time to File Answer by Patricia Brandmeier Robinson. (Attachments: #1 Text of Proposed Order Proposed Order)(Ficken, Allison)
March 2, 2018 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)
February 27, 2018 Filing 155 NOTICE of Appearance by Katie Lamb Balthrop on behalf of James McCarter (Balthrop, Katie)
February 26, 2018 Notification of Docket Correction - entry corrected to be a MOTION to Dismiss #133 , and response in opposition #154 (jkl)
February 23, 2018 Filing 154 RESPONSE IN OPPOSITION re #133 MOTION to Dismiss filed by Federal Trade Commission. (Kim, Reenah) Text modified on 2/26/2018 (jkl).
February 23, 2018 Filing 153 RESPONSE in Opposition re #137 MOTION Requesting Court to Take Judicial Notice of Documents filed by Federal Trade Commission. (Park, Hong)
February 23, 2018 Filing 152 RESPONSE in Opposition re #134 MOTION to Dismiss filed by Federal Trade Commission. (Attachments: #1 Exhibit 1)(Park, Hong)
February 23, 2018 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)
February 23, 2018 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)
February 22, 2018 Opinion or Order 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)
February 21, 2018 Filing 148 NOTICE of Appearance by Allison S. H. Ficken on behalf of Jerry L. Robinson (Ficken, Allison)
February 20, 2018 Filing 147 CERTIFICATE OF SERVICE of Responses to Discovery by Federal Trade Commission.(Park, Hong)
February 20, 2018 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)
February 19, 2018 Filing 145 CERTIFICATE OF SERVICE by Earl G. Robinson.(Wigington, Cody)
February 19, 2018 Filing 144 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey)
February 16, 2018 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)
February 16, 2018 Filing 142 CERTIFICATE OF SERVICE filed by James McCarter Regarding Response to Discovery Requests (Bracewell, Tiffany)
February 14, 2018 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)
February 14, 2018 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)
February 9, 2018 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).
February 9, 2018 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).
February 9, 2018 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).
February 9, 2018 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).
February 9, 2018 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).
February 9, 2018 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).
February 9, 2018 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).
February 8, 2018 Opinion or Order 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)
February 8, 2018 Opinion or Order 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)
February 6, 2018 Opinion or Order 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)
February 5, 2018 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)
February 2, 2018 Clerks Certificate of Mailing as to Mark Ward re #127 Protective Order. Notice of street name change for the Atlanta courthouse included. (rsh)
January 31, 2018 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).
January 31, 2018 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)
January 31, 2018 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).
January 30, 2018 Opinion or Order Filing 127 CONSENT PROTECTIVE ORDER as to confidential information. Signed by Judge Timothy C. Batten, Sr on 1/29/18. (rsh)
January 23, 2018 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)
January 23, 2018 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)
January 22, 2018 Opinion or Order 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)
January 22, 2018 Filing 125 CERTIFICATE OF SERVICE of First Request for Production to Defendant Richard Joachim by Federal Trade Commission.(Averill, Elizabeth)
January 22, 2018 Filing 124 CERTIFICATE OF SERVICE of First Request for Production to Defendant Kris Axberg by Federal Trade Commission.(Averill, Elizabeth)
January 22, 2018 Filing 123 CERTIFICATE OF SERVICE of First Request for Production to Defendant Chet Andrews by Federal Trade Commission.(Averill, Elizabeth)
January 22, 2018 Filing 122 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Mark Ward by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 121 CERTIFICATE OF SERVICE of First Requests for Production to Defendant iStream Financial Services, Inc. by Federal Trade Commission.(Averill, Elizabeth)
January 22, 2018 Filing 120 CERTIFICATE OF SERVICE of FTC Response to Defendant Earl G. Robinson's Requests for Admissions by Federal Trade Commission.(Kim, Reenah)
January 22, 2018 Filing 119 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant William Wilson by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 118 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant James McCarter by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 117 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Hornbeam Special Situations, LLC by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 116 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant EDebitPay, LLC by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 115 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Earl Robinson by Federal Trade Commission.(Felix, Korin)
January 22, 2018 Filing 114 CERTIFICATE OF SERVICE for Request for Production of Documents by Defendant Dale Cleveland by Federal Trade Commission.(Felix, Korin)
January 18, 2018 Filing 113 Consent MOTION for Protective Order Regarding Confidential Information by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Kim, Reenah)
January 17, 2018 Filing 112 CERTIFICATE OF SERVICE of Discovery by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Mapen, Jeffrey)
January 16, 2018 Filing 111 CERTIFICATE OF SERVICE for Discovery Requests to Defendant Keith Merrill by Federal Trade Commission.(Felix, Korin)
January 16, 2018 Filing 110 MOTION to Withdraw Claudia Callaway as Attorneyby Jerry L. Robinson. (Callaway, Claudia)
January 16, 2018 Filing 109 MOTION to Withdraw Robert C. Khayat, Jr as Attorneyby Jerry L. Robinson. (Khayat, Robert)
January 16, 2018 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)
January 16, 2018 Filing 107 NOTICE by Federal Trade Commission of Death of Defendant Jerry L. Robinson (Averill, Elizabeth)
January 11, 2018 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)
January 10, 2018 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)
January 10, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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.
January 9, 2018 Filing 103 APPLICATION for Admission of Hong Park Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard)
January 9, 2018 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).
January 3, 2018 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)
January 3, 2018 Opinion or Order 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)
January 2, 2018 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)
January 2, 2018 Opinion or Order 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)
December 21, 2017 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)
December 18, 2017 Clerks Certificate of Mailing as to Mark Ward re #97 Order. Notice of street name change for the Atlanta courthouse included. (jlm)
December 15, 2017 Opinion or Order 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)
December 12, 2017 Phase One Discovery ends on 4/30/2018. (jlm)
December 12, 2017 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)
December 12, 2017 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)
December 11, 2017 Filing 96 REPLY to Response to Motion re #54 MOTION to Dismiss filed by Mark Ward. (adg)
December 11, 2017 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)
December 11, 2017 Opinion or Order 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)
December 4, 2017 Submission of #54 MOTION to Dismiss, submitted to District Judge Timothy C. Batten. (jlm)
November 29, 2017 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)
November 29, 2017 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)
November 28, 2017 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)
November 21, 2017 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)
November 21, 2017 Opinion or Order 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)
November 21, 2017 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)
November 16, 2017 Filing 89 CERTIFICATE OF SERVICE of Initial Disclosures by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson.(Watson, Jessica)
November 16, 2017 Filing 88 CERTIFICATE OF SERVICE for Plaintiff's Initial Disclosures by Federal Trade Commission.(Averill, Elizabeth)
November 16, 2017 Filing 87 CERTIFICATE OF SERVICE of iStream Defendants' Initial Disclosures by Kris Axberg, Richard Joachim, iStream Financial Services, Inc..(Caplan, Michael)
November 16, 2017 Case no longer referred to Magistrate Judge Catherine M. Salinas. (jlm)
November 16, 2017 Filing 86 CERTIFICATE OF SERVICE of Earl G. Robinson's Initial Disclosures by Earl G. Robinson.(Wigington, Cody)
November 16, 2017 Filing 85 CERTIFICATE OF SERVICE for Initial Disclosures by Chet Andrews.(Case, Andrew)
November 16, 2017 Filing 84 CERTIFICATE OF SERVICE for Initial Disclosures by James McCarter.(Lavine, Bryan)
November 16, 2017 Opinion or Order 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)
November 15, 2017 Filing 83 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Federal Trade Commission. (Felix, Korin)
November 15, 2017 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).
November 15, 2017 Filing 81 MOTION to Stay Proceedings and Suspend Filing Obligations Upon the Death of Defendant Jerry L. Robinson by Jerry L. Robinson. (Khayat, Robert)
November 15, 2017 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Three telephone conferences with counsel held on 11/15/2017. (CMS)
November 14, 2017 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)
November 14, 2017 Opinion or Order 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)
November 13, 2017 Filing 78 REPLY BRIEF re #35 MOTION to Stay filed by Earl G. Robinson. (Wigington, Cody)
November 13, 2017 Filing 77 REPLY BRIEF re #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Earl G. Robinson. (Wigington, Cody)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 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)
November 13, 2017 Filing 70 REPLY to Response to Motion re #38 MOTION to Sever filed by Dale Paul Cleveland, EDebitPay,LLC, William R. Wilson. (Mapen, Jeffrey)
November 13, 2017 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)
November 8, 2017 Opinion or Order 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)
November 7, 2017 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)
November 7, 2017 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)
November 3, 2017 Filing 66 RESPONSE re #54 MOTION to Dismiss filed by Federal Trade Commission. (Kim, Reenah)
November 3, 2017 Submission of #65 Order Referring Case to Mediation for the FTC and Jerry Robinson, submitted to Magistrate Judge Catherine M. Salinas. (adg)
November 2, 2017 Opinion or Order 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)
November 2, 2017 Clerks Certificate of Mailing #64 Ex Parte Order to counsel for Federal Trade Commission and Jerry L. Robinson. (adg)
November 2, 2017 Opinion or Order Filing 64 EX PARTE SEALED ORDER. Signed by Judge Timothy C. Batten, Sr on 11/2/2017. (adg).
October 30, 2017 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)
October 30, 2017 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)
October 30, 2017 Filing 61 RESPONSE in Opposition re #38 MOTION to Sever by EDP Defendants filed by Federal Trade Commission. (Felix, Korin)
October 30, 2017 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)
October 30, 2017 Filing 59 RESPONSE in Opposition re #35 MOTION to Stay by Defendant Earl G. Robinson filed by Federal Trade Commission. (Felix, Korin)
October 30, 2017 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)
October 30, 2017 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)
October 30, 2017 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)
October 30, 2017 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)
October 24, 2017 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)
October 24, 2017 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)
October 24, 2017 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)
October 24, 2017 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)
October 23, 2017 Filing 54 MOTION to Dismiss with Memorandum of Law in Support by Mark Ward. (adg)
October 23, 2017 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)
October 20, 2017 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)
October 20, 2017 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)
October 19, 2017 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)
October 19, 2017 Clerks Notation re #53 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)
October 18, 2017 Filing 53 Certificate of Interested Persons by Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc.. (Caplan, Michael)
October 18, 2017 Clerks Notation re #52 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se)
October 17, 2017 Filing 52 Certificate of Interested Persons by Earl G. Robinson. (Wigington, Cody)
October 17, 2017 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)
October 17, 2017 Clerks Notation re #46 Certificate of Interested Persons, #42 Corporate Disclosure Statement: reviewed and approved by Judge Timothy C. Batten, Sr. (se)
October 17, 2017 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)
October 17, 2017 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)
October 17, 2017 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)
October 16, 2017 Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jerry L. Robinson. (Khayat, Robert)
October 16, 2017 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)
October 16, 2017 Filing 46 Certificate of Interested Persons by James McCarter. (Lavine, Bryan)
October 16, 2017 Filing 45 NOTICE of Appearance by Tiffany Nichols on behalf of James McCarter (Nichols, Tiffany)
October 16, 2017 Filing 44 NOTICE of Appearance by Keith Jerrod Barnett on behalf of James McCarter (Barnett, Keith)
October 16, 2017 Filing 43 NOTICE of Appearance by Bryan B. Lavine on behalf of James McCarter (Lavine, Bryan)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 Filing 36 INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 10/16/17. (jlm)
October 16, 2017 Filing 35 MOTION to Stay with Brief In Support by Earl G. Robinson. (Attachments: #1 Text of Proposed Order Proposed Order)(Wigington, Cody)
October 16, 2017 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)
October 16, 2017 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)
October 16, 2017 Filing 32 NOTICE of Appearance by Cody Sams Wigington on behalf of Earl G. Robinson (Wigington, Cody)
October 13, 2017 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)
October 13, 2017 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)
October 12, 2017 Filing 29 APPLICATION for Admission of Richard Lawson Pro Hac Vice (Application fee $ 150, receipt number 113E-7441460)by Chet Andrews. (Caplan, Michael)
October 11, 2017 Opinion or Order 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)
October 10, 2017 Filing 27 APPLICATION for Admission of Andrew Case Pro Hac Vice (Application fee $ 150, receipt number 113E-7434837)by Chet Andrews. (Caplan, Michael)
October 10, 2017 Filing 26 NOTICE of Appearance by Julia Blackburn Stone on behalf of Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (Stone, Julia)
October 10, 2017 Filing 25 NOTICE of Appearance by Michael A. Caplan on behalf of Chet Andrews, Kris Axberg, Richard Joachim, iStream Financial Services, Inc. (Caplan, Michael)
October 6, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 20, 2017 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)
September 1, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 31, 2017 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)
August 16, 2017 Filing 5 APPLICATION for Admission of Reenah L Kim Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard)
August 16, 2017 Filing 4 APPLICATION for Admission of Korin Ewing Felix Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard)
August 16, 2017 Filing 3 APPLICATION for Admission of Elizabeth Averill Pro Hac Vice with Brief In Support by Federal Trade Commission. (Waller, Richard)
August 16, 2017 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)
August 15, 2017 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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Search for this case: Federal Trade Commission v. Hornbeam Special Situations, LLC et al
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Defendant: Earl G. Robinson
Represented By: Cody Sams Wigington
Represented By: Michael Dominic Meuti
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Defendant: Keith Merrill
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Defendant: Mark Ward
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Defendant: clickXchange Media, LLC
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Defendant: Jerry L. Robinson
Represented By: Claudia Callaway
Represented By: Robert C. Khayat, Jr.
Represented By: Allison S. H. Ficken
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Defendant: Platinum Online Group,LLC
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Defendant: Gyroscope Management Holdings, LLC
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Defendant: Dale Paul Cleveland
Represented By: Caroline Gieser
Represented By: Michael L. Mallow
Represented By: Jeffrey L. Mapen
Represented By: Jessica Rutledge Watson
Represented By: Colin Kamrath Kelly
Represented By: Alexis Miller Buese
Represented By: Lauren M. De Lilly
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Defendant: iStream Financial Services, Inc.
Represented By: Michael A. Caplan
Represented By: Matthew S. Renick
Represented By: Leonard L. Gordon
Represented By: Julia Blackburn Stone
Represented By: Mary M. Gardner
Represented By: Deborah Bessner
Represented By: Elliot Kelly
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Defendant: Hornbeam Special Situations, LLC
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Defendant: EDebitPay,LLC
Represented By: Caroline Gieser
Represented By: Michael L. Mallow
Represented By: Jeffrey L. Mapen
Represented By: Jessica Rutledge Watson
Represented By: Colin Kamrath Kelly
Represented By: Alexis Miller Buese
Represented By: Lauren M. De Lilly
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Defendant: Cardinal Points Management, LLC
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Defendant: Kris Axberg
Represented By: Michael A. Caplan
Represented By: Matthew S. Renick
Represented By: Leonard L. Gordon
Represented By: Julia Blackburn Stone
Represented By: Mary M. Gardner
Represented By: Deborah Bessner
Represented By: Elliot Kelly
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Defendant: James McCarter
Represented By: Bryan B. Lavine
Represented By: Tiffany Nichols Bracewell
Represented By: Keith Jerrod Barnett
Represented By: Katie Lamb Balthrop
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Defendant: Cardinal Points Holdings, LLC
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Defendant: William R. Wilson
Represented By: Caroline Gieser
Represented By: Michael L. Mallow
Represented By: Jeffrey L. Mapen
Represented By: Jessica Rutledge Watson
Represented By: Colin Kamrath Kelly
Represented By: Alexis Miller Buese
Represented By: Lauren M. De Lilly
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Defendant: Richard Joachim
Represented By: Michael A. Caplan
Represented By: Matthew S. Renick
Represented By: Leonard L. Gordon
Represented By: Julia Blackburn Stone
Represented By: Mary M. Gardner
Represented By: Deborah Bessner
Represented By: Elliot Kelly
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Defendant: Chet Andrews
Represented By: Michael A. Caplan
Represented By: Andrew Case
Represented By: Julia Blackburn Stone
Represented By: Richard Lawson
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Defendant: Patricia Brandmeier Robinson
Represented By: Edward Joseph Dovin
Represented By: Allison S. H. Ficken
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Defendant: Guadalupe L. Andrews
Represented By: Michael A. Caplan
Represented By: Andrew Case
Represented By: Julia Blackburn Stone
Represented By: Richard Lawson
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Defendant: Cardinal Points Management, LLC doing business as Clear Compass Digital Group
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Defendant: Platinum Online Group,LLC doing business as Premier Membership Clubs
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Plaintiff: Federal Trade Commission
Represented By: Richard Waller
Represented By: Kimberly L. Nelson
Represented By: Omolara Bewaji Joseney
Represented By: Hong Park
Represented By: Philip Z. Brown
Represented By: R. Michael Waller
Represented By: Amanda C. Basta
Represented By: Anna Mirshak Burns
Represented By: Elizabeth J. Averill
Represented By: Korin Ewing Felix
Represented By: Reenah L. Kim
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Petitioner: Guadlupe Leticia Gallegos Andrews
Represented By: Michael A. Caplan
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