CallRail, Inc. v. PhoneWagon Inc. et al
Plaintiff: CallRail, Inc.
Defendant: PhoneWagon Inc. and Ryan Shank
Case Number: 1:2018cv02207
Filed: May 16, 2018
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Amy Totenberg
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1338 Copyright Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Clerk's Entry of Dismissal APPROVING #118 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (rlb)
May 6, 2021 Filing 118 STIPULATION of Dismissal With Prejudice by PhoneWagon Inc., Ryan Shank. (Curry, Joshua)
March 11, 2021 Filing 117 AO Form 121 mailed to Registrar. (rlb)
March 8, 2021 Opinion or Order Filing 116 ORDER granting #115 Motion to Modify the Current Scheduling Order and Notice of Potential Settlement. Dispositive motions due June 22, 2021. Responses to dispositive motions due 21 days after motion filed. Replies to dispositive motions due 14 days after response filed. Proposed pretrial order and daubert motions due June 22, 2021 or within 30 days after. Pretrial conference to be set by Court. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE the case while the Parties engage in settlement discussions over the course of the next 30 to 60 days as indicated by the Parties' Joint Motion (Doc. 115). The Clerk is DIRECTED to resubmit this matter to the undersigned in 65 days, on May 12, 2021. In the event the Parties have not reached an agreement and filed a stipulation dismissing this action by May 12, 2021, the Court will re-open the case and it shall proceed in accordance with the timeline provided. Signed by Judge Amy Totenberg on 3/8/21. (rlb)
March 8, 2021 Civil Case Terminated. (rlb)
March 8, 2021 Submission of #115 Joint MOTION to Modify the Current Scheduling Order and Notice of Potential Settlement, to District Judge Amy Totenberg. (rlb)
March 5, 2021 Filing 115 Joint MOTION to Modify Scheduling Order and Notice of Potential Settlement by CallRail, Inc.. (Attachments: #1 Text of Proposed Order)(Mapen, Jeffrey) Modified on 3/8/2021 to edit text (rlb).
February 22, 2021 Filing 114 Supplemental Initial Disclosures by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Exhibit Attachment B - Easttom Expert Report)(Goins, Jonathan)
February 19, 2021 Filing 112 PROVISIONALLY SEALED NOTICE Of Filing Documents Under Seal by CallRail, Inc. re #110 Initial Disclosures, #111 MOTION for Leave to File Matters Under Seal re: #110 Initial Disclosures (Attachments: #1 Exhibit A, #2 Exhibit B)(Mapen, Jeffrey)
February 19, 2021 Filing 111 MOTION for Leave to File Matters Under Seal re: #110 Initial Disclosures by CallRail, Inc.. (Attachments: #1 Text of Proposed Order)(Mapen, Jeffrey)
February 19, 2021 Filing 110 Supplemental Initial Disclosures by CallRail, Inc.. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal)(Mapen, Jeffrey)
February 2, 2021 Filing 109 NOTICE by CallRail, Inc. of Intent to Serve Amended Non-Party Subpoena (Mapen, Jeffrey)
January 28, 2021 Opinion or Order Filing 108 TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI)
December 9, 2020 Opinion or Order Filing 107 NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI)
December 3, 2020 Opinion or Order Filing 106 ORDER granting #105 Motion Modifying Current Scheduling Order. Fact discovery deadline: February 12, 2021. Dispositive motions deadline: April 23, 2021. See order for further deadlines. Signed by Judge Amy Totenberg on 12/3/20. (rlb)
December 3, 2020 Submission of #105 Joint MOTION to Modify #101 Scheduling Order,to District Judge Amy Totenberg. (rlb)
December 2, 2020 Filing 105 Joint MOTION to Modify Scheduling Order #101 Order on Motion for Leave to File Matters Under Seal,, Order on Motion to Amend, by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan) Modified on 12/3/2020 to edit event (rlb).
November 9, 2020 Opinion or Order Filing 104 Supplemental Protective Order Concerning Source Code Signed by Judge Amy Totenberg on 11/9/20. (rlb)
November 9, 2020 Filing 103 PROPOSED CONSENT ORDER Supplemental Protective Order Concerning Source Code. (Mapen, Jeffrey)
November 5, 2020 Filing 102 TRANSCRIPT of Telephone Conference Proceedings held on 10/21/2020, before Judge Amy Totenberg. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/3/2021. (Attachments: #1 Notice of Filing) (srw)
October 30, 2020 Opinion or Order Filing 101 ORDER: The Court's rulings on the discovery issues are as set forth herein. Each party shall bear their own fees and costs. The #95 Motion to Seal is GRANTED. The #98 Motion to Modify the Scheduling Order is is GRANTED. Signed by Judge Amy Totenberg on 10/30/2020. (jed)
October 21, 2020 Filing 100 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 10/21/2020. The parties agreed to confer further on issues 1 and 2. The Court proposed that as to issue 1, the parties narrow down examples of specific overlap in functionality so that Plaintiff can engage in targeted discovery of the source code as to one or two of those functions, and potentially seek to reconsider the scope of discovery based on the results. The parties will report the outcome of their conference to the Court by 1 PM Monday. The Court ruled in favor of Plaintiff as to issue No. 7. Separate order to follow as to the remaining issues after the parties file their report and confirm they have not resolved those issues. (Court Reporter Shannon Welch)(rlb)
October 16, 2020 Filing 99 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice.by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan) Documents for this entry are not available for viewing outside the courthouse.
October 16, 2020 RETURN of #96 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice. to attorney for correction re: Party you are representing must be listed on the application. (cdg)
October 16, 2020 Opinion or Order ORDER, by docket entry only, granting #99 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 10/16/20. 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.(hfm)
October 16, 2020 APPROVAL by Clerks Office re: #99 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice.. Attorney William W. Mauke, III added appearing on behalf of PhoneWagon Inc., Ryan Shank (cdg)
October 16, 2020 Submission of #98 Joint MOTION to Amend #82 Order on Motion for Extension of Time to Complete Discovery, to District Judge Amy Totenberg. (rlb)
October 15, 2020 Filing 98 Joint MOTION to Amend #82 Order on Motion for Extension of Time to Complete Discovery by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan)
October 14, 2020 Filing 97 CERTIFICATE OF SERVICE of Discovery by CallRail, Inc..(Mapen, Jeffrey)
October 14, 2020 Filing 96 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice.by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan) Documents for this entry are not available for viewing outside the courthouse.
October 13, 2020 Filing 95 MOTION for Leave to File Matters Under Seal re: #94 Notice of Filing, by CallRail, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(Mapen, Jeffrey)
October 13, 2020 Filing 94 SEALED NOTICE Of Filing Documents Under Seal by CallRail, Inc. re #93 Status Report,, (Attachments: #1 The Parties' Consolidated/Joint Discovery Statement, #2 Plaintiff's Exhibit 2)(Mapen, Jeffrey) Modified on 10/30/2020 (jed).
October 13, 2020 Filing 93 STATUS REPORT The Parties' Consolidated/Joint Discovery Statement (Redacted) by CallRail, Inc.. (Attachments: #1 Exhibit Plaintiff's Exhibit 1, #2 Exhibit Plaintiff's Exhibit 2 (Filed Under Seal), #3 Exhibit Defendants' Exhibit 1, #4 Exhibit Defendants' Exhibit 2, #5 Exhibit Defendants' Exhibit 3, #6 Exhibit Defendants' Exhibit 4, #7 Exhibit Defendants' Exhibit 5, #8 Exhibit Defendants' Exhibit 6, #9 Exhibit Defendants' Exhibit 7)(Mapen, Jeffrey)
October 8, 2020 RETURN of #92 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10233698). to attorney for correction regarding incorrect local counsel bar number. (nmb)
October 7, 2020 Filing 92 APPLICATION for Admission of William W. Mauke, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10233698).by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan) Documents for this entry are not available for viewing outside the courthouse.
September 29, 2020 Opinion or Order Filing 91 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI)
September 25, 2020 Filing 90 NOTICE to Take Deposition of Defendant Ryan Shank filed by CallRail, Inc. (Mapen, Jeffrey)
September 25, 2020 Filing 89 NOTICE to Take Deposition of Defendant PhoneWagon, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) filed by CallRail, Inc. (Mapen, Jeffrey)
September 25, 2020 Filing 88 NOTICE by CallRail, Inc. of Intent to Serve Subpoena on Non-Party (Mapen, Jeffrey)
September 17, 2020 Filing 87 CERTIFICATE OF SERVICE of Defendants' Rule 30(b)(6) Deposition Notice to Plaintiff CallRail by PhoneWagon Inc., Ryan Shank.(Goins, Jonathan)
September 4, 2020 Opinion or Order ORDER, by docket entry only, denying without prejudice #83 Motion for Leave to File an Early Summary Judgment Motion, #84 Motion to Stay All Discovery and Deadlines. Defendants remain free to renew their arguments for summary judgment after the close of discovery. By Judge Amy Totenberg on 9/4/20. (hfm)
September 3, 2020 Filing 86 RESPONSE in Opposition re #84 MOTION to Stay All Discovery and Deadlines, #83 MOTION for Leave to File an Early Summary Judgment Motion filed by CallRail, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mapen, Jeffrey)
September 2, 2020 Opinion or Order Filing 85 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 27, 2020 Opinion or Order ORDER, by docket entry only: Plaintiff is DIRECTED to file a consolidated response, no more than 15 pages in length, to the #83 Motion for Leave to File an Early Summary Judgment Motion and the #84 Motion to Stay Discovery and Deadlines by NO LATER THAN Thursday, September 3, 2020 at 5 pm. No reply shall be filed. By Judge Amy Totenberg on 8/27/20. (hfm)
August 25, 2020 Filing 84 MOTION to Stay All Discovery and Deadlines by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Curry, Joshua)
August 25, 2020 Filing 83 MOTION for Leave to File an Early Summary Judgment Motion by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Exhibit A - Early Motion for Summary Judgment, #2 Exhibit B - Statement of Undisputed Material Facts, #3 Exhibit 1 to SUMF, #4 Exhibit 2 to SUMF, #5 Exhibit 3 to SUMF, #6 Exhibit 4 to SUMF, #7 Exhibit 5 to SUMF, #8 Exhibit 6 to SUMF, #9 Exhibit 7 to SUMF, #10 Exhibit 8 to SUMF, #11 Exhibit 9 to SUMF, #12 Exhibit 10 to SUMF, #13 Exhibit 11 to SUMF, #14 Exhibit 12 to SUMF, #15 Exhibit 13 to SUMF, #16 Exhibit 14 to SUMF, #17 Exhibit 15 to SUMF, #18 Exhibit 16 to SUMF, #19 Exhibit 17 to SUMF, #20 Exhibit 18 to SUMF, #21 Exhibit 19 to SUMF, #22 Text of Proposed Order - for Motion for Early Summary Judgment, #23 Text of Proposed Order - for Motion for Leave to File Early Summary Judgment)(Curry, Joshua)
August 21, 2020 Opinion or Order Filing 82 CONSENT ORDER granting #81 Joint Motion to Extend Discovery. Discovery ends on 12/18/2020. Motions due 1/8/2021. Signed by Judge Amy Totenberg on 8/21/2020. (bnp)
August 21, 2020 Submission of #81 Joint MOTION to Amend Scheduling Order to District Judge Amy Totenberg. (bnp)
August 20, 2020 Filing 81 Joint MOTION to Amend Scheduling Order with Brief In Support by CallRail, Inc.. (Attachments: #1 Text of Proposed Order)(Mapen, Jeffrey) Modified on 8/21/2020 to edit event text(bnp).
August 17, 2020 Opinion or Order Filing 80 ORDER: The Court DENIES WITHOUT PREJUDICE Defendants' #50 Motion For Judgment on the Pleadings. Signed by Judge Amy Totenberg on 8/17/2020. (rjs)
August 4, 2020 Opinion or Order Filing 79 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)
July 15, 2020 Filing 78 CERTIFICATE OF SERVICE of Discovery by CallRail, Inc..(Mapen, Jeffrey)
July 13, 2020 Opinion or Order Filing 77 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 2, 2020 Opinion or Order Filing 76 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)
July 1, 2020 APPROVAL by Clerks Office re: #75 APPLICATION for Admission of John C. McElwaine Pro Hac Vice.. Attorney John C. McElwaine added appearing on behalf of CallRail, Inc. (nmb)
July 1, 2020 Opinion or Order ORDER, by docket entry only, granting #75 Application for Admission Pro Hac Vice. By Judge Amy Totenberg on 7/1/20. 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.(hfm)
June 30, 2020 Filing 75 APPLICATION for Admission of John C. McElwaine Pro Hac Vice.by CallRail, Inc.. (Mapen, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
June 30, 2020 RETURN of #73 APPLICATION for Admission of John C. McElwaine Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9841646). to attorney for correction regarding no federal courts listed. (nmb)
June 29, 2020 Filing 74 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 6/29/2020. Discovery Dispute. The parties will advise the Court should further issues arise. (Court Reporter Shannon Welch)(bnp)
June 26, 2020 Filing 73 APPLICATION for Admission of John C. McElwaine Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9841646).by CallRail, Inc.. (Mapen, Jeffrey) Documents for this entry are not available for viewing outside the courthouse.
June 24, 2020 NOTICE SCHEDULING TELECONFERENCE by docket entry only. Teleconference set for 6/29/2020 at 01:30 PM before Judge Amy Totenberg. (hfm)
June 23, 2020 Filing 72 STATUS REPORT The Parties' Consolidated/Joint Discovery Statement by CallRail, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mapen, Jeffrey)
June 3, 2020 Opinion or Order Filing 71 ORDER granting #70 Motion to Amend. Fact discovery closes on August 31, 2020. Expert discovery closes on October 12, 2020. Dispositive motions are due by November 4, 2020. Proposed pre-trial order and Daubert motions are due by November 4, 2020 or within 30 days after the Court's ruling on dispositive motions, if motions filed. Signed by Judge Amy Totenberg on 6/3/2020. (jpk)
June 3, 2020 Set/Reset Scheduling Order Deadlines: Discovery ends on 10/12/2020. Motions due by 11/4/2020. (jpk)
June 1, 2020 Filing 70 Joint MOTION to Amend #41 Scheduling Order by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Goins, Jonathan)
May 27, 2020 Opinion or Order Filing 69 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 4, 2020 Opinion or Order Filing 68 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 20, 2020 Opinion or Order Filing 67 CONSENT ORDER granting Substitution of Counsel re #65 Proposed Consent Order. Signed by Judge Amy Totenberg on 4/20/2020. (bnp)
April 20, 2020 Opinion or Order Filing 66 CONSENT ORDER granting Substitution of Counsel re #64 Proposed Consent Order. Signed by Judge Amy Totenberg on 4/20/2020. (bnp)
April 20, 2020 Submission of #64 Proposed Consent Order, #65 Proposed Consent Order to District Judge Amy Totenberg. (bnp)
April 17, 2020 Filing 65 PROPOSED CONSENT ORDER granting substitution of counsel. Jonathan David Goins added as attorney. (Goins, Jonathan) Modified on 4/20/2020 to edit event text(bnp).
April 17, 2020 Filing 64 PROPOSED CONSENT ORDER granting substitution of counsel. Joshua David Curry replacing attorney Thomas E. Zutic; Delia Gervin Frazier and Ashley H. Joyce. (Curry, Joshua) Modified on 4/20/2020 to edit event text (bnp).
April 10, 2020 Filing 63 NOTICE to Take Deposition of Ryan Shank filed by CallRail, Inc. (Mapen, Jeffrey)
April 2, 2020 Opinion or Order Filing 62 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)
April 1, 2020 Filing 61 CERTIFICATE OF SERVICE Of Discovery Per Local Rule 5.4 & 26.3 by PhoneWagon Inc., Ryan Shank.(Joyce, Ashley)
April 1, 2020 Filing 60 CERTIFICATE OF SERVICE of Discovery by CallRail, Inc..(Mapen, Jeffrey)
March 20, 2020 Opinion or Order Filing 59 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. (bnp)
March 17, 2020 Opinion or Order Filing 58 ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 3/17/2020. (bnp)
March 9, 2020 Submission of #50 MOTION for Judgment on the Pleadings Of Plaintiff's Second, Fourth. Fifth And Sixth Causes Of Action Pursuant To FED.R.CIV.P.12(c) to District Judge Amy Totenberg. (bnp)
March 6, 2020 Filing 57 REPLY to Response to Motion re #50 MOTION for Judgment on the Pleadings Of Plaintiff's Second, Fourth. Fifth And Sixth Causes Of Action Pursuant To FED.R.CIV.P.12(c) - Reply In Support Of Motion For Judgment On The Pleadings Pursuant To FED.R.CIV.P.12(c) - filed by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
March 2, 2020 Opinion or Order Filing 56 CONSENT PROTECTIVE ORDER Signed by Judge Amy Totenberg on 3/2/2020. (bnp)
March 2, 2020 Filing 55 PROPOSED CONSENT ORDER Consent Protective Order. (Mapen, Jeffrey)
February 25, 2020 Filing 54 CERTIFICATE OF SERVICE of Discovery - per Local Rule 5.4 & 26.3 by PhoneWagon Inc., Ryan Shank.(Frazier, Delia)
February 21, 2020 Filing 53 RESPONSE in Opposition re #50 MOTION for Judgment on the Pleadings Of Plaintiff's Second, Fourth. Fifth And Sixth Causes Of Action Pursuant To FED.R.CIV.P.12(c) filed by CallRail, Inc.. (Mapen, Jeffrey)
February 19, 2020 Filing 52 NOTICE of Appearance by Amy Bingming Cheng on behalf of CallRail, Inc. (Cheng, Amy)
February 19, 2020 Filing 51 CERTIFICATE OF SERVICE Local Rules 5.4 and 26.3 Certificate of Serving Discovery by CallRail, Inc..(Cheng, Amy)
February 7, 2020 Filing 50 MOTION for Judgment on the Pleadings Of Plaintiff's Second, Fourth. Fifth And Sixth Causes Of Action Pursuant To FED.R.CIV.P.12(c) with Brief In Support by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
February 7, 2020 Filing 49 ANSWER to #1 COMPLAINT with Jury Demand by PhoneWagon Inc., Ryan Shank. Discovery ends on 7/6/2020.(Frazier, Delia) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
January 24, 2020 Opinion or Order Filing 48 ORDER granting #42 Motion to Dismiss Plaintiff's Third Cause of Action. Defendants are DIRECTED to file Answers to the remaining counts of the Complaint within 14 days of the date of entry of this Order. Discovery shall commence on the date the first Defendant files such an answer. The Parties remain subject to the Court's April 16, 2019 Scheduling Order (Doc. 41). Signed by Judge Amy Totenberg on 1/24/2020. (bnp)
August 27, 2019 Opinion or Order ORDER (by docket entry only): This case is before the Court on the Parties Consolidated/Joint Discovery Statement (Doc. 47). The Parties dispute whether the discovery period has commenced already. This Courts Local Rules provide that [t]he discovery period shall commence thirty days after the appearance of the first defendant by answer to the complaint, unless the parties mutually consent to begin earlier. LR 26.2. In this case, as Defendants Motion to Dismiss (Doc. 42) is pending, Defendant has not filed an Answer. The Parties clearly did not mutually assent to begin discovery earlier. If the claims proceed after the Court rules on Defendants Motion to Dismiss, discovery will begin in accordance with the Parties Joint Preliminary Report and Discovery Plan (Doc. 40.) The Court will not award either party fees for the expense of handling this dispute. By Judge Amy Totenberg on 8/27/19. (hfm)
August 22, 2019 Filing 47 NOTICE Of Filing The Parties' Consolidated/Joint Discovery Statement by CallRail, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mapen, Jeffrey)
August 21, 2019 Filing 46 NOTICE of Leave of Absence by Jeffrey Mapen (Mapen, Jeffrey) Modified on 8/22/2019 to edit text (bnp).
May 16, 2019 Submission of #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Amy Totenberg. (bnp)
May 15, 2019 Filing 45 REPLY to Response to Motion re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Reply In Support Of Motion To Dismiss - filed by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
May 1, 2019 Filing 44 RESPONSE in Opposition re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CallRail, Inc.. (Mapen, Jeffrey)
April 19, 2019 Filing 43 Initial Disclosures by PhoneWagon Inc., Ryan Shank.(Frazier, Delia)
April 17, 2019 Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Brief Memorandum of Law in Support of Motion to Dismiss Plaintiff's Third Cause of Action Pursuant to FED.R.CIV.P.12(b)(6)))(Frazier, Delia)
April 16, 2019 Opinion or Order Filing 41 SCHEDULING ORDER: re: #40 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 4/16/2019. (bnp)
April 15, 2019 Submission of #40 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp)
April 12, 2019 Filing 40 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by CallRail, Inc.. (Mapen, Jeffrey)
April 11, 2019 Filing 39 Initial Disclosures by CallRail, Inc..(Mapen, Jeffrey)
April 3, 2019 Opinion or Order Filing 38 ORDER re #37 Status Report. The Clerk is DIRECTED to REOPEN this case. The Parties are ordered to file their Joint Preliminary Report and Discovery Plan ("JPRDP") NO LATER THAN April 12, 2019. Defendants may re-file their Motion to Dismiss NO LATER THAN April 17, 2019. All remaining deadlines, including Plaintiff's time to respond to Defendant's Motion and Defendant's time to reply, are as set out in this Court's Local Rules. Signed by Judge Amy Totenberg on 4/3/2019. (bnp)
March 27, 2019 Filing 37 STATUS REPORT by CallRail, Inc.. (Mapen, Jeffrey)
February 15, 2019 Opinion or Order Filing 36 ORDER granting #35 Consent MOTION for Extension of Time to Mediate or whether the litigation will proceed no later than March 29, 2019. All other directions to the Parties in this Court's December 21, 2018 Order #33 shall remain in place. Signed by Judge Amy Totenberg on 2/15/2019. (bdb)
February 13, 2019 Filing 35 Consent MOTION for Extension of Time to Mediate by CallRail, Inc.. (Attachments: #1 Exhibit A)(Mapen, Jeffrey)
December 21, 2018 Filing 34 AO Form 121 mailed to Register of Copyrights. (bdb)
December 21, 2018 Opinion or Order Filing 33 ORDER denying without prejudice #12 Motion to Dismiss. Court APPROVES #32 Stipulation to Personal Jurisdiction and Mediation. Mediation is to be completed by February 15, 2019. This case is ADMINISTRATIVELY CLOSED pending the outcome of the mediation. Counsel is DIRECTED to advise the court whether the case is resolved at mediation or whether the litigation will proceed NO LATER THAN FEBRUARY 18, 2019. If the parties are unable to settle, Defendant will be permitted to refile its Motion to Dismiss. In that event, the Parties are DIRECTED to notify the Court in their February 18th status report if they have not completed the jurisdictional discovery permitted by the Court and to propose a date for completing jurisdictional discovery. At that time, the Court will schedule a telephone conference to determine new dates for completion of jurisdictional discovery and deadlines for new briefing on Defendant's refiled Motion to Dismiss. Signed by Judge Amy Totenberg on 12/21/2018. (bdb)
December 21, 2018 Civil Case Terminated. (bdb)
December 18, 2018 Filing 32 STIPULATION to Jurisdiction and Mediation by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Text of Proposed Order)(Frazier, Delia)
November 30, 2018 Filing 31 NOTICE by CallRail, Inc. of Intent to Serve Subpoenas on Non-Parties (Attachments: #1 Exhibit A)(Mapen, Jeffrey)
November 21, 2018 Filing 30 CERTIFICATE OF SERVICE filed by PhoneWagon Inc., Ryan Shank (Joyce, Ashley)
October 26, 2018 Filing 29 CERTIFICATE OF SERVICE by CallRail, Inc..(Mapen, Jeffrey)
October 17, 2018 Opinion or Order Filing 28 ORDER GRANTING #20 Plaintiff's Motion for Limited Jurisdictional Discovery and ORDERS Plaintiff to complete limited jurisdictional discovery NO LATER THAN JANUARY 4, 2019. Plaintiff shall have until JANUARY 18, 2019 to supplement its Response to Defendants' Motion to Dismiss, and Defendants shall have until JANUARY 25, 2019 to file a supplemental reply in support of its motion to dismiss. The Court DENIES AS MOOT #26 Motion for Leave to File a Surreply to Plaintiff's Reply in Support of Plaintiffs Motion for Limited Jurisdictional Discovery. Signed by Judge Amy Totenberg on 10/17/2018. (jtj)
October 15, 2018 Submission of #26 MOTION for Leave to File SURREPLY To Plaintiff's Reply in Support of Its Motion for Limited Jurisdictional Discovery, to District Judge Amy Totenberg. (jtj)
October 12, 2018 Filing 27 REPLY in Support of #26 MOTION for Leave to File SURREPLY To Plaintiff's Reply in Support of Its Motion for Limited Jurisdictional Discovery, filed by PhoneWagon Inc., Ryan Shank. (Frazier, Delia) Modified on 10/15/2018 to reflect e-filed document. (jtj)
September 24, 2018 Filing 26 MOTION for Leave to File SURREPLYTo Plaintiff's Reply in Support of Its Motion for Limited Jurisdictional Discovery by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
September 24, 2018 Submission of #20 MOTION for Jurisdictional Discovery to District Judge Amy Totenberg. (btql)
September 21, 2018 Filing 25 REPLY to Response to Motion re #20 MOTION for Jurisdictional Discovery filed by CallRail, Inc.. (Mapen, Jeffrey)
September 17, 2018 Submission of #12 MOTION to Dismiss to District Judge Amy Totenberg. (jtj)
September 14, 2018 Filing 24 RESPONSE in Opposition re #20 MOTION for Jurisdictional Discovery filed by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
September 14, 2018 Filing 23 REPLY BRIEF in Support of #12 MOTION to Dismiss Pursuant to FED.R.CIV.P.12(b)(2),12(b)(3), and 12(b)(6), filed by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Affidavit - Declaration of Ashley Joyce in Support of Defendants' Reply in Support of Motion to Dismiss Pursuant to FED.R.CIV.P.12(b)(2),12(b)(3), and 12(b)(6), #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration)(Frazier, Delia)
September 12, 2018 Opinion or Order Filing 22 ORDER GRANTING #15 Application of Ashley H. Joyce for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/12/2018. (jtj)
September 12, 2018 Opinion or Order Filing 21 ORDER GRANTING #16 Application of Thomas E. Zutic for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 9/12/2018. (jtj)
August 31, 2018 Filing 20 MOTION for Jurisdictional Discovery by CallRail, Inc.. (Mapen, Jeffrey)
August 31, 2018 Filing 19 RESPONSE in Opposition re #12 MOTION to Dismiss filed by CallRail, Inc.. (Attachments: #1 Affidavit of Jeff Mapen)(Mapen, Jeffrey)
August 30, 2018 Opinion or Order Filing 18 ORDER GRANTING #17 Motion to Stay Discovery and Related Deadlines pending Defendants' Motion to Dismiss (doc. #12 ). Signed by Judge Amy Totenberg on 8/30/2018. (btql)
August 30, 2018 Submission of #17 Consent MOTION to Stay Discovery and Related Deadlines to District Judge Amy Totenberg. (btql)
August 29, 2018 Filing 17 Consent MOTION to Stay Discovery and Related Deadlines by CallRail, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A)(Mapen, Jeffrey)
August 23, 2018 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Ashley H. Joyce Pro Hac Vice (Application fee $ 150, receipt number 113E-8089341). Attorney Ashley H. Joyce added appearing on behalf of PhoneWagon Inc., Ryan Shank (pmb)
August 23, 2018 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Thomas E. Zutic Pro Hac Vice (Application fee $ 150, receipt number 113E-8089364). Attorney Thomas E. Zutic added appearing on behalf of PhoneWagon Inc., Ryan Shank (pmb)
August 17, 2018 Filing 16 APPLICATION for Admission of Thomas E. Zutic Pro Hac Vice (Application fee $ 150, receipt number 113E-8089364)by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
August 17, 2018 Filing 15 APPLICATION for Admission of Ashley H. Joyce Pro Hac Vice (Application fee $ 150, receipt number 113E-8089341)by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
August 17, 2018 Filing 14 Certificate of Interested Persons by PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
August 17, 2018 Filing 13 CERTIFICATE of Compliance by Delia Gervin Frazier on behalf of PhoneWagon Inc., Ryan Shank. (Frazier, Delia)
August 17, 2018 Filing 12 MOTION to Dismiss with Brief In Support by PhoneWagon Inc., Ryan Shank. (Attachments: #1 Brief, #2 Affidavit, #3 Affidavit)(Frazier, Delia)
August 1, 2018 Opinion or Order Filing 11 ORDER GRANTING the Plaintiff's #10 Unopposed Motion for Extension of Time for Defendants to Answer re #1 Complaint. PhoneWagon Inc. and Ryan Shank's Answers are hereby due on 8/17/2018. Signed by Judge Amy Totenberg on 8/1/2018. (sap)
August 1, 2018 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by CallRail, Inc.. (Attachments: #1 Text of Proposed Order)(Mapen, Jeffrey)
August 1, 2018 Submission of #10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint to District Judge Amy Totenberg. (sap)
June 6, 2018 Filing 9 WAIVER OF SERVICE Returned Executed by CallRail, Inc.. Ryan Shank waiver mailed on 6/4/2018, answer due 8/3/2018. (Mapen, Jeffrey)
June 6, 2018 Filing 8 WAIVER OF SERVICE Returned Executed by CallRail, Inc.. PhoneWagon Inc. waiver mailed on 6/4/2018, answer due 8/3/2018. (Mapen, Jeffrey)
May 21, 2018 Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by CallRail, Inc.. (Mapen, Jeffrey)
May 21, 2018 Filing 6 AO Form 121 mailed to the Register of Copyrights. (sap)
May 18, 2018 Filing 4 NOTICE of Filing Certificate of Compliance by Jeffrey L. Mapen on behalf of CallRail, Inc. (Mapen, Jeffrey)
May 18, 2018 Filing 3 PROPOSED AO 121 . (Mapen, Jeffrey)
May 17, 2018 Opinion or Order Filing 5 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Courts Local Civil Rules. Signed by Judge Amy Totenberg on 5/17/2018. (sap)
May 17, 2018 Filing 2 Electronic Summons Issued as to PhoneWagon Inc. and Ryan Shank. (Attachments: #1 Summons Ryan Shank)(aaq)
May 17, 2018 Notice of deficiency re AO Form 121. Plaintiff must complete and file AO Form 121. See LR 3.4. Docket the form using the event AO 121, located in the Other Filings/Other Documents menu. (aaq)
May 16, 2018 Filing 1 COMPLAINT with Jury Demand filed by CallRail, Inc. (Filing fee $400, receipt number 113E-7884680) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(aaq) 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.

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Search for this case: CallRail, Inc. v. PhoneWagon Inc. et al
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Defendant: PhoneWagon Inc.
Represented By: Jonathan David Goins
Represented By: Joshua David Curry
Represented By: William W. Mauke, III
Represented By: Ashley H. Joyce
Represented By: Delia Gervin Frazier
Represented By: Thomas E. Zutic
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Defendant: Ryan Shank
Represented By: Jonathan David Goins
Represented By: William W. Mauke, III
Represented By: Joshua David Curry
Represented By: Ashley H. Joyce
Represented By: Delia Gervin Frazier
Represented By: Thomas E. Zutic
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Plaintiff: CallRail, Inc.
Represented By: Jeffrey L. Mapen
Represented By: John C. McElwaine
Represented By: Amy Bingming Cheng
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