Federal Trade Commission v. Day Pacer LLC et al.
| Federal Trade Commission |
| Edutrek L.L.C, David Cumming, Raymond Fitzgerald, Ian Fitzgerald and Day Pacer LLC |
| 1:2019cv01984 |
| March 22, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| Defendant |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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Filing 43
NOTICE of Motion by Jason Schall for presentment of motion for protective order #42 before Honorable Edmond E. Chang on 7/18/2019 at 08:30 AM. (Schall, Jason)
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Filing 42
MOTION by Plaintiff Federal Trade Commission for protective order (Attachments: #1 Declaration)(Schall, Jason)
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Filing 41
MINUTE entry before the Honorable Edmond E. Chang: On the FTC's motion #39 to strike affirmative defenses No. 11 (waiver and estoppel) and No. 13 (due process and equal protection), Defendants Day Pacer LLC, EduTrek LLC, Raymond Fitzgerald, and Ian Fitzgerald's response is due by 07/23/2019. The FTC's reply is due by 08/05/2019. Emailed notice (slb, )
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Filing 40
Amended NOTICE of Motion by Jason Schall for presentment of motion to strike #39 before Honorable Edmond E. Chang on 7/11/2019 at 08:30 AM. (Schall, Jason)
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Filing 39
MOTION by Plaintiff Federal Trade Commission to strike Affirmative Defenses (Attachments: #1 Declaration Exhibit 1, Declaration of Jason Schall, #2 Notice of presentment of motion)(Schall, Jason)
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Filing 38
MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing at 8:30 a.m. is reset to 9:30 a.m on the same date, 08/07/2019.Emailed notice (slb, )
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Filing 37
CERTIFICATE of Service of first Amended MIDPP Responses by Jason Schall on behalf of Federal Trade Commission (Schall, Jason)
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Filing 36
NOTICE by David Cumming (Cumming, David)
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Filing 35
CERTIFICATE of Service of Mandatory Initial Discovery disclosures by Jason Schall on behalf of Federal Trade Commission (Schall, Jason)
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Filing 34
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendants Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, Raymond Fitzgerald. (Fitzgerald, Raymond)
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Filing 33
AMENDED Answer by Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, Raymond Fitzgerald to Plaintiff's Complaint for Civil Penalties, Permanent Injunction, and other Relief Dated March 22, 2019 (Fitzgerald, Raymond)
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Filing 32
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. FTC local counsel and out-of-town counsel appeared; Raymond Fitzgerald appeared for Defendants except for David Cumming; and David Cumming appeared pro se. Cumming reported that he will not be retaining counsel; he attended law school and practiced for around 10 years, but is no longer licensed. Mandatory Initial Discovery Pilot Project disclosures due 06/24/2019. ESI discovery shall be disclosed by 07/24/2019. Fact discovery shall close by 05/04/2020. Any Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. As discussed during the hearing, no summary judgment motions may be filed before the close of discovery without leave of Court. The Court also corrected the defense's misunderstanding of how the MID Standing Order relates to Rule 12(b) motions. Answers have been filed for Defendants, so under Rule 12(b), it is too late to file a Rule 12(b)(6) motion (unless the defense convinces the FTC to agree to a late-filed motion or convinces the Court to permit it). Status hearing set for 08/07/2019 at 8:30 a.m. If any counsel or if the pro se Defendant, David Cumming, wishes to appear by phone, they may do so but must coordinate a conference-call number and then provide the information to the courtroom deputy, Ms. Sandra Brooks (312.408.5121), at least two business days before the hearing date. Emailed notice (slb, )
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Filing 31
MINUTE entry before the Honorable Edmond E. Chang: If any counsel or if the pro se Defendant, David Cumming, wishes to appear by phone, they may do so but must coordinate a conference-call number and then provide the information to the courtroom deputy, Ms. Sandra Brooks (312.408.5121), by 4 p.m. on 06/07/2019. Emailed notice (slb, )
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Filing 30
MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing at 8:30 a.m. is reset to 9:45 a.m on the same date, 06/10/2019.Emailed notice (slb, )
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Filing 29
STATUS Report Joint Initial Status Report by Federal Trade Commission (Schall, Jason)
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Filing 28
ANSWER to Complaint with Jury Demand by Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, Raymond Fitzgerald(Fitzgerald, Raymond)
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Filing 27
MOTION by Defendants David Cumming, Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, Raymond Fitzgerald for leave to appear as Notice of Withdrawal of Appeance for Defendant David Cumming (Fitzgerald, Raymond) Modified on 5/24/2019 (mc, ).
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Filing 26
ANSWER to Complaint with Jury Demand by David Cumming (Exhibit). (mc, )
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Filing 25
MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 06/06/2019 is reset to 06/10/2019 at 8:30 AM.Emailed notice (slb, )
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Filing 24
PRO SE Appearance by Defendant David Cumming (mc, )
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Filing 23
ORDER: Pursuant to R. 18, the Clerk's Office shall unseal the complaint, Docket Entry No. 1. Signed by the Honorable Edmond E. Chang on 4/11/2019. Mailed notice (jh, )
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Filing 22
SEALED DOCUMENT. (mma, )
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Filing 21
MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 06/06/2019 at 9:00 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, )
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Filing 20
CERTIFICATE of Service by Plaintiff Federal Trade Commission regarding Notice re Mandatory Initial Discovery Pilot(MIDP),,, #11 service of notice of MIDP and Standing Order (Schall, Jason)
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Filing 19
WAIVER OF SERVICE returned executed by Federal Trade Commission. All Defendants. (Schall, Jason)
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Filing 18
ORDER : On review of the FTC's motion #12 and Defendants' response #17 , the Court orders as follows: the complaint shall remain sealed until further order of the Court. But the primary basis in Defendants' letter motion to the FTC, R. 17 at 5, is revealing the contact information of non-parties. That concern does not appear to be implicated at all by the allegations in the complaint. By 04/08/2019, Defendants shall file a motion to maintain seal of the complaint that cites specific paragraphs of the complaint and explains the need for maintaining the seal. If no motion is filed, then all entries, including the complaint, shall be unsealed. Meanwhile, the Clerk's Office shall unseal the following docket entries: R. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and this entry. Signed by the Honorable Edmond E. Chang on 4/1/2019:Mailed notice(mc, )
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Filing 17
RESPONSE by Defendants David Cumming, Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald and Raymond Fitzgerald to Plaintiff's Motion to Seal. (jjr, )
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Filing 16
ATTORNEY Appearance for Defendants David Cumming, Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, Raymond Fitzgerald by Raymond L. Fitzgerald. (jjr, )
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Filing 15
MINUTE entry before the Honorable Edmond E. Chang: The FTC's motion #12 to temporarily seal the complaint is granted until 03/29/2019 at 5 p.m. Central Time. Absent a motion to continue the seal, the Clerk's Office shall unseal the complaint and all of the filings in the case on 04/01/2019. Emailed notice (slb, )
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Filing 14
MINUTE entry before the Honorable Edmond E. Chang: Applications by Jason Schall, Leah Frazier and Patrick Roy to appear pro hac vice [4,5,6] are granted. Emailed notice (slb, )
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Filing 13
NOTICE of Motion by William Joseph Hodor for presentment of motion to temporarily seal complaint #12 before Honorable Edmond E. Chang on 3/28/2019 at 08:30 AM. (jjr, )
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Filing 12
MOTION by Plaintiff Federal Trade Commission to temporarily seal complaint. (Attachments: #1 Text of Proposed Order)(jjr, )
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Filing 11
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (dal, )
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Filing 10
SUMMONS Issued as to Defendants David Cumming, Day Pacer LLC, Edutrek L.L.C, Ian Fitzgerald, and Raymond Fitzgerald (dal, )
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Filing 9
ATTORNEY Appearance for Plaintiff Federal Trade Commission by Leah Frazier (dal, )
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Filing 8
ATTORNEY Appearance for Plaintiff Federal Trade Commission by Patrick Roy (dal, )
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Filing 7
ATTORNEY Appearance for Plaintiff Federal Trade Commission by Jason Schall (dal, )
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Filing 6
MOTION for Leave to Appear Pro Hac Vice (dal, )
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Filing 5
MOTION for Leave to Appear Pro Hac Vice (dal, )
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Filing 4
MOTION for Leave to Appear Pro Hac Vice (dal, )
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Filing 3
ATTORNEY Appearance for Plaintiff Federal Trade Commission by William Joseph Hodor (dal, )
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Filing 2
CIVIL Cover Sheet (dal, )
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Filing 1
COMPLAINT filed by Federal Trade Commission (dal, ) (Attachment(s): #1 Letter) (dal, ).
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