METRO FIBERNET, LLC v. AT&T, INC. et al
| METRO FIBERNET, LLC |
| AT&T, INC., RYAN MARGERISON, CLEAR HOME, INC., CHAD LABONTE and AT&T SERVICES, INC. |
| 1:2019cv03070 |
| July 23, 2019 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 129
ORDER - Acknowledges Stipulation of Dismissal, dkt. #128 is hereby DISMISSED WITH PREJUDICE, each party to bear its own costs. Signed by Judge James Patrick Hanlon on 8/7/2020. (marginal notation)(CKM)
|
| Filing 128 STIPULATION of Dismissal , as to Plaintiff METRO FIBERNET, LLC, Defendants AT&T SERVICES, INC., AT&T, INC., CLEAR HOME, INC., CHAD LABONTE, RYAN MARGERISON, filed by METRO FIBERNET, LLC. (Goodman, Ian) |
|
Filing 127
ORDER granting Plaintiff's #126 Motion for Extension of Time to File documents authorizing dismissal to 8/17/2020. Signed by Magistrate Judge Debra McVicker Lynch on 7/20/2020. (SWM)
|
| Filing 126 MOTION for Extension of Time to August 17, 2020 in which to #125 Order Directing Filing of Dismissal Documents MOTION TO EXTEND DEADLINE TO FILE STIPULATION OF DISMISSAL, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Goodman, Ian) |
|
Filing 125
ORDER - The court has been notified that the parties have agreed in principle to a settlement of this case. The court further grants the request for a 30-day stay as follows: All pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED, as is the hearing set for June 22, 2020. Within thirty days of the date of this entry, counsel for the plaintiff shall file a motion to dismiss this cause and submit an order for the court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). See Order for additional details. Signed by Magistrate Judge Debra McVicker Lynch on 6/16/2020.(SWM)
|
| Filing 124 NOTICE of Settlement AND REQUEST FOR STAY, as to Plaintiff METRO FIBERNET, LLC, filed by METRO FIBERNET, LLC (Goodman, Ian) Modified on 6/16/2020 (PKP). |
|
Filing 123
ORDER: A hearing on Metro Fibernet's Motion for Temporary Restraining Order and Preliminary Injunction will be held on June 22, 2020 at 1:30 p.m. via video teleconferencing. The Court will contact counsel by separate email with the information to be used to participate in this hearing. The public may listen to the hearing via telephone. To exercise this option, individuals must call the Clerks Office at 317-229-3700 no later than June 19, 2020 at 12:00 Noon and leave a message requesting information on how to connect. Please include the case number with your message. The parties shall meet and confer regarding whether they intend to present evidence at the hearing and file a joint witness/exhibit list by June 16, 2020. The joint witness/exhibit list shall be in the format attached as Exhibit 1 (SEE ORDER FOR ADDITIONAL INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 6/8/2020. (Attachments: #1 Exhibit 1)(DWH)
|
| Filing 122 Statement OF CLAIMS by METRO FIBERNET, LLC. (Goodman, Ian) |
| Filing 121 Statement of Claims or Defenses by AT&T SERVICES, INC.. (Knoth, Richard) |
|
Filing 120
ORDER granting Plaintiff's #119 Motion for Extension of Discovery Deadline to 11/23/2020. Signed by Magistrate Judge Debra McVicker Lynch on 6/1/2020.(SWM)
|
| Filing 119 MOTION for Extension of Time to November 23, 2020 in which to #86 Order: Case ManagementScheduling Order METRONETS MOTION TO EXTEND DISCOVERY DEADLINE, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Goodman, Ian) |
|
Filing 118
ORDER denying Defendant AT&T's #88 MOTION to Stay Discovery Pending Disposition of Services' Motion to Dismiss filed by AT&T SERVICES, INC. Although AT&T has not prevailed on its motion, the court finds its position did not lack substantial justification. It therefore denies MetroNet's request for attorney fees. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 5/8/2020.(SWM)
|
|
Filing 117
ORDER on Defendant AT&T's Motion to Reconsider - Having reviewed defendant AT&T Services, Inc.'s (AT&T) motion to reconsider and supporting materials, the court finds that certain portions of its order of April 21, 2020 at Dkt. #115 were based on an incomplete recollection of certain matters addressed at two prior conferences with counsel and should not have been included in the order. The motion to reconsider is therefore GRANTED,and the order at Dkt. #110 is VACATED. Concurrent with this order, the court isissuing an order on AT&T's motion to stay (Dkt. #88 ). Signed by Magistrate Judge Debra McVicker Lynch on 4/8/2020. (SWM)
|
| Filing 116 BRIEF/MEMORANDUM in Support re #115 MOTION for Reconsideration By Magistrate Judge of Finding of Sanctionable Conduct , filed by Defendant AT&T SERVICES, INC.. (Attachments: #1 Exhibit A - August 20, 2019 Email, #2 Exhibit B - Joint Statement, #3 Exhibit C - October 11, 2019 Letter, #4 Exhibit D - October 29, 2019 Email, #5 Exhibit E - November 27, 2019 Email, #6 Exhibit F - December 11, 2019 Email Chain, #7 Exhibit G - January 15, 2020 Email)(Knoth, Richard) |
| Filing 115 MOTION for Reconsideration By Magistrate Judge of Finding of Sanctionable Conduct, filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
|
Filing 114
ORDER granting in part and denying in part Plaintiff's #102 Motion to Seal. The Clerk is directed to UNSEAL the plaintiff's legal memorandum at Dkt. 101. The Clerk is directed to MAINTAIN UNDER SEAL the documents at Dkt. 100-1 (dealer agreement), 100-2 (mechanism manual), 100- 3 (Sixzero manual), and 100-4 (sales list). Signed by Magistrate Judge Debra McVicker Lynch on 4/28/2020. (SWM)
|
| Filing 113 NOTICE of FILING of OFFICIAL TRANSCRIPTS of a Telephonic Conference Hearing and a Telephonic Initial Pretrial Conference Hearing both taken by Electronic Sound Recording, held before Magistrate Judge Debra McVicker Lynch on 8/21/19 and 12/4/19 (Knepley, Jean) |
| Filing 112 TRANSCRIPT of Telephonic Initial Pretrial Conference Hearing taken by Electronic Sound Recording held on 12-4-19 before Magistrate Judge Debra McVicker Lynch. (18 pages.) Court Reporter/Transcriber: Jean Knepley (Telephone: (317) 696-3565). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/15/2020. Release of Transcript Restriction set for 7/23/2020. (Knepley, Jean) |
| Filing 111 TRANSCRIPT of Telephonic Conference Hearing Taken by Electronic Sound Recording held on 8-21-19 before Magistrate Judge Debra McVicker Lynch. (17 pages.) Court Reporter/Transcriber: Jean Knepley (Telephone: (317) 696-3565). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 5/15/2020. Release of Transcript Restriction set for 7/23/2020. (Knepley, Jean) |
|
Filing 110
ORDER denying Defendant AT&T Services, Inc's #88 Motion to Stay Discovery. The court GRANTS MetroNet's request for attorneys' fees in briefing the motion to stay. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 4/21/2020. (SWM)
|
| Filing 109 REPLY in Support of Motion re #99 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Plaintiff METRO FIBERNET, LLC. (Bont, Jonathan) |
|
Filing 108
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on April 3, 2020, with the magistrate judge. Response(s) to the motion at Dkt. 99 shall be filed by April 10, 2020, and any reply by April 17, 2020. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
|
| Filing 107 RESPONSE in Opposition re #99 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Defendants CLEAR HOME, INC., CHAD LABONTE, RYAN MARGERISON. (Attachments: #1 Exhibit 1 Independent Contractor Agreement of Chad Labonte, #2 Exhibit 2 Independent Contractor Agreement of Ryan Margerison, #3 Exhibit 3 Portion of Deposition of Chad Labonte)(Pfeifer, Jon) |
| Filing 106 BRIEF/MEMORANDUM in Support re #102 MOTION to Maintain Document Under Seal #100 SEALED Document (Case Participants - doc), #101 SEALED Document (Case Participants - doc) , filed by Defendant CLEAR HOME, INC.. (Attachments: #1 Exhibit 1 - Redaction of 99-7, #2 Text of Proposed Order)(Pfeifer, Jon) |
|
Filing 104
SCHEDULING ORDER: Status Conference set for 4/3/2020 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 3/30/2020.(SWM)
|
|
Filing 103
ORDER - This matter is before the Court on Metro Fibernet, LLCs Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Dkt #99 . Magistrate Judge Debra McVicker Lynch will schedule a telephonic conference with counsel to discuss whether the parties can reach an agreement to preserve the status quo pending a hearing on the merits, a briefing schedule, when such hearing should be held, the estimated time required for such hearing, and other issues related to the Courts resolution of Metro Fibernets Motion, dkt. 99. Signed by Judge James Patrick Hanlon on 3/25/2020.(DWH)
|
| Filing 102 MOTION to Maintain Document Under Seal #100 SEALED Document (Case Participants - doc), #101 SEALED Document (Case Participants - doc) , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Bont, Jonathan) |
| Filing 101 *** UNSEALED PER ORDER DATED 4/28/2020 (DKT. #114 ) *** SEALED MEMORANDUM IN SUPPORT OF PLAINTIFF'S RENEWED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION, re #99 Motion for TRO, #100 SEALED Document (Case Participants - doc), filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Cover Letter SEALED COVER SHEET)(Bont, Jonathan) Modified on 5/19/2020 (SWM). |
| Filing 100 *** SEE ORDER DATED 4/28/2020 (DKT. #114 ) *** SEALED EXHIBITS, re #99 Motion for TRO, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Exhibit B - Dealer Agreement, #2 Exhibit D - Mechanism Manual, #3 Exhibit E - Sixzero Manual, #4 Exhibit G - CH list of sales)(Bont, Jonathan) Modified on 4/29/2020 (SWM). |
| Filing 99 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Exhibit A - Declaration of M. Paul, #2 Exhibit B - Cover Sheet for Exhibit B Filed Under Seal, #3 Exhibit C - LaBonte Deposition, #4 Exhibit D - Cover Sheet for Exhibit D Filed Under Seal, #5 Exhibit E - Cover Sheet for Exhibit E Filed Under Seal, #6 Exhibit F - Declaration of K. Guider, #7 Exhibit G - Cover Sheet for Exhibit G Filed Under Seal, #8 Exhibit H - Margerison Deposition, #9 Text of Proposed Order)(Bont, Jonathan) |
| Filing 98 Entry from Settlement Conference - The parties, by their authorized representatives and by counsel, appeared for a settlement conference on February 21, 2020, with the magistrate judge. The conference was held and concluded without settlement. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) |
| Filing 97 Witness List and Exhibit List, filed by Defendants CLEAR HOME, INC., CHAD LABONTE, RYAN MARGERISON. (Pfeifer, Jon) |
| Filing 96 Exhibit List (Preliminary), filed by Defendant AT&T SERVICES, INC., Witness List (Preliminary), filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 95 Witness List METRONETS PRELIMINARY WITNESS AND EXHIBIT LISTS, filed by Plaintiff METRO FIBERNET, LLC. (Goodman, Ian) |
|
Filing 94
ORDER granting in part and denying in part Defendants Clear Home, Inc., Chad LaBonte, and Ryan Margerison's #93 Motion to Permit Telephone Appearance. The individual Defendants LaBonte and Margerison may appear by telephone at the settlement conference with counsel for the same Defendants appearing in person. Defendant Clear Home's representative with complete settlement authority must appear at the settlement conference in person. Signed by Magistrate Judge Debra McVicker Lynch on 2/4/2020. (SWM)
|
| Filing 93 MOTION to Permit Telephone Appearance for Settlement Conference for Defendant CLEAR HOME, INC., CHAD LABONTE, AND RYAN MARGERISON, filed by Defendants CLEAR HOME, INC., CHAD LABONTE, RYAN MARGERISON. (Attachments: #1 Text of Proposed Order)(Pfeifer, Jon) |
|
Filing 92
ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 2/21/2020 10:30 AM (Eastern Time) in room #277, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Debra McVicker Lynch. On or before three (3) business days before the conference, the parties shall submit (not file) a confidential settlement statement. See Order for additional details. Signed by Magistrate Judge Debra McVicker Lynch on 1/22/2020.(SWM)
|
| Filing 91 REPLY in Support of Motion re #88 MOTION to Stay Discovery Pending Disposition of Services' Motion to Dismiss , filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 90 RESPONSE in Opposition re #88 MOTION to Stay Discovery Pending Disposition of Services' Motion to Dismiss , filed by Plaintiff METRO FIBERNET, LLC. (Goodman, Ian) |
| Filing 89 BRIEF/MEMORANDUM in Support re #88 MOTION to Stay Discovery Pending Disposition of Services' Motion to Dismiss , filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 88 MOTION to Stay Discovery Pending Disposition of Services' Motion to Dismiss, filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
|
Filing 87
ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 12/12/2019.(SWM)
|
|
Filing 86
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 7/23/2020. Discovery due by 5/29/2020. Signed by Magistrate Judge Debra McVicker Lynch on 12/6/2019.(SWM)
|
|
Filing 85
MINUTE ORDER for Initial Pretrial Conference held before Magistrate Judge Debra McVicker Lynch on 12/4/2019 - The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. In addition, the deadlines in section III. A through E are extended by one month. Counsel for plaintiff and defendant AT&T Services shall confer and, by December 13, 2019, (a) jointly advise the court they have agreed to a date for the latter to respond to plaintiff's discovery requests, or (b) absent agreement, AT&T Services must file its motion to stay. Signed by Magistrate Judge Debra McVicker Lynch. (JD)
|
| Filing 83 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff METRO FIBERNET, LLC . (Goodman, Ian) |
| Filing 82 DEMAND for Trial by Jury, filed by Plaintiff METRO FIBERNET, LLC. (Goodman, Ian) |
|
Filing 81
SCHEDULING ORDER: Initial Pretrial Conference set for 12/4/2019 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. Read this entire order carefully; it sets out the court's expectations for the conference. Signed by Magistrate Judge Debra McVicker Lynch on 11/12/2019.(SWM)
|
| Filing 80 REPLY in Support of Motion re #64 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
|
Filing 79
ORDER VACATING HEARING AND TERMINATING TEMPORARY RESTRAINING ORDER - Metro Fibernet, LLC has moved to withdraw its Motion for Preliminary Injunction, dkt. 5, and notified the Court that the Temporary Restraining Order of August 8, 2019, dkt. 31, may be terminated. Dkt. #78 . Metro Fibernet's motion to withdraw is GRANTED. Dkt. #78 . The evidentiary hearing scheduled for November 13, 2019 is VACATED and the Temporary Restraining Order of August 8, 2019, dkt. 31, is TERMINATED. Signed by Judge James Patrick Hanlon on 11/4/2019. (DWH)
|
| Filing 78 MOTION to Withdraw #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Goodman, Ian) |
| Filing 77 AFFIDAVIT in Support of Response in Opposition to Motion re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION Declaration of Jeremy Arthur as Vice President of Sales of Clear Home, Inc. re: Clear Home Activities in Mature Markets, filed by Defendant CLEAR HOME, INC.. (Pfeifer, Jon) |
| Filing 76 MINUTE ENTRY for proceedings held before Judge James Patrick Hanlon: On October 24, 2019, the Court held a telephonic status conference. Plaintiff appeared by counsel, Ian Goodman and Jonathan Bont. Defendant AT&T Services, Inc. appeared by counsel, Breaden Douthett. Defendants Clear Home, Inc., Chad Labonte and Ryan Margerison appeared by counsel, Jon Pfeifer and Keith Hancock. The conference was recorded by Court Reporter, Jodie Franzen. The Court SCHEDULED an evidentiary hearing on November 13, 2019, at 9:30 a.m. in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. The Court will issue a separate Order with pre-hearing deadlines. ***SEE ENTRY FOR FURTHER DETAILS*** (PKP) |
| Filing 75 NOTICE of Appearance by Keith L. Hancock on behalf of Defendant RYAN MARGERISON. (Hancock, Keith) |
| Filing 74 NOTICE of Appearance by Keith L. Hancock on behalf of Defendant CHAD LABONTE. (Hancock, Keith) |
|
Filing 73
ORDER - An evidentiary hearing in this action is scheduled for 9:30 a.m. on November 13, 2019 in Room 349, United States Courthouse, 46 E. Ohio Street, Indianapolis, IN 46204. Before the evidentiary hearing, the parties must also review the Court's Practices and Procedures, available on the Court's website at https://www.insd.uscourts.gov/content/judge-james-patrick-hanlon (SEE ORDER FOR DEADLINES AND INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 10/29/2019. (DWH) (Additional attachment(s) added on 10/29/2019: #1 Exhibit List Template) (DWH).
|
| Filing 72 RESPONSE in Opposition re #64 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Exhibit A - Email)(Goodman, Ian) |
|
Filing 71
ORDER granting in part and denying in part Defendant Clear Home Inc's #52 Motion to Seal. The Clerk is directed to MAINTAIN UNDER SEAL the documents at Dkt. 51-2 (Order Summary) and 51-3 (Answers to Interrogatories). The clerk is directed to UNSEAL Dkt. 51-1 (Agreement) at the end of the period under Local Rule 5-11(g). Signed by Magistrate Judge Debra McVicker Lynch on 10/24/2019. (SWM)
|
| Filing 70 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Defendants CHAD LABONTE, RYAN MARGERISON. (Attachments: #1 Affidavit Declaration of Defendant Chad Labonte in Opposition to Motion for Preliminary Injunction, #2 Affidavit Declaration of Defendant Ryan Margerison in Opposition to Motion for Preliminary Injunction)(Pfeifer, Jon) |
| Filing 69 ANSWER to #1 Complaint , filed by CHAD LABONTE, RYAN MARGERISON.(Pfeifer, Jon) |
| Filing 68 NOTICE of Appearance by Jon F. Pfeifer on behalf of Defendant RYAN MARGERISON. (Pfeifer, Jon) |
| Filing 67 NOTICE of Appearance by Jon F. Pfeifer on behalf of Defendant CHAD LABONTE. (Pfeifer, Jon) |
|
Filing 66
ORDER - Defendants Chad Labonte and Ryan Margerison were recently served with Metro Fibernet's Complaint and Motion for Preliminary Injunction. See dkt, 58; dkt. 59. Mr. Labonte and Mr. Margerison shall file any response to the Motion for Preliminary Injunction by October 21, 2019. The failure to respond to the motion and complaint may result in default judgment. This case is set for a telephonic status conference on October 24, 2019 at 11:30 A.M. EST. Counsel and any parties unrepresented by counsel are to call 866-390- 1828 to participate in the conference. Callers will be required to enter Access Code 4846926 and Security Code 193070 before being connected to the conference call. Copies to Chad Labonte and Ryan Margerison via U.S. mail. Signed by Judge James Patrick Hanlon on 10/9/2019.(JDH)
|
| Filing 65 BRIEF/MEMORANDUM in Support re #64 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim , filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 64 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 63 BRIEF/MEMORANDUM in Support re #52 MOTION to Maintain Document Under Seal #51 SEALED Document (Case Participants - doc) , filed by Defendant CLEAR HOME, INC.. (Attachments: #1 Exhibit Declaration of Paul Southam as CEO of Clear Home, Inc. in Support of Maintaining Documents Under Seal, #2 Exhibit Exhibit 51.2 Redacted, #3 Exhibit Exhibit 51.3 Redacted)(Pfeifer, Jon) |
|
Filing 62
ORDER granting Defendant Clear Home, Inc.'s #61 Motion to Set Aside the court's order on motion to seal. The court's September 20, 2019 order denying the motion to maintain documents under seal (Dkt. 60) is VACATED. The Clerk is directed to re-open the motion to maintain documents under seal (Dkt. 52). Defendant Clear Home has until October 3, 2019, to file its brief in support of maintaining documents A, B, and D under seal. Counsel must take care to comply fully with all local rules in the future. Signed by Magistrate Judge Debra McVicker Lynch on 9/26/2019. (SWM)
|
| Filing 61 MOTION to Set Aside #60 Order on Motion to Seal/Maintain Under Seal Document and to Enlarge Time to File Brief in Support of Maintaining Documents Under Seal, filed by Defendant CLEAR HOME, INC.. (Pfeifer, Jon) |
|
Filing 60
ORDER denying #52 Motion to Maintain Document Under Seal #51 SEALED Document and the exhibits A, B, and D.. Signed by Magistrate Judge Debra McVicker Lynch on 9/20/2019. (CBU)
|
| Filing 59 RETURN of Service, filed by METRO FIBERNET, LLC. RYAN MARGERISON served on 9/17/2019. (Attachments: #1 Exhibit A - Delivery Confirmation)(Goodman, Ian) |
| Filing 58 RETURN of Service, filed by METRO FIBERNET, LLC. CHAD LABONTE served on 9/14/2019. (Attachments: #1 Exhibit A - Delivery Confirmation)(Goodman, Ian) |
| Filing 57 Clear Home Inc.'s ANSWER to #1 Complaint , filed by CLEAR HOME, INC..(Pfeifer, Jon) |
| Filing 56 Summons (Alias - Amended) Issued as to RYAN MARGERISON. (DWH) |
| Filing 55 Summons (Alias - Amended) Issued as to CHAD LABONTE. (DWH) |
| Filing 54 Proposed Summons submitted for issuance by the clerk as to RYAN MARGERISON. (Goodman, Ian) |
| Filing 53 Proposed Summons submitted for issuance by the clerk as to CHAD LABONTE. (Goodman, Ian) |
| Filing 52 MOTION to Maintain Document Under Seal #51 SEALED Document (Case Participants - doc) , filed by Plaintiff METRO FIBERNET, LLC. (Goodman, Ian) |
| Filing 51 SEALED EXHIBITS, re #50 Reply in Support of Motion, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Exhibit A - AT&T Dealer Door to Door Agreement, #2 Exhibit B - AT&T/DirecTV Order Summary, #3 Exhibit D - Clear Home's Interrogatory Responses)(Goodman, Ian) |
| Filing 50 REPLY in Support of Motion re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Exhibit C - email correspondence, #2 Text of Proposed Order)(Goodman, Ian) |
| Filing 49 ***PLEASE DISREGARD - FILED IN ERROR*** Proposed Summons submitted for issuance by the clerk as to RYAN MARGERISON. (Goodman, Ian) Modified on 9/5/2019 (DWH). |
| Filing 48 ***PLEASE DISREGARD - FILED IN ERROR***Proposed Summons submitted for issuance by the clerk as to CHAD LABONTE. (Goodman, Ian) Modified on 9/5/2019 (DWH). |
|
Filing 47
Entry from Discovery Conference - The parties, by counsel, appeared for a discovery conference on August 21, 2019, with the magistrate judge. The court heard arguments of counsel, provided some guidance, and the discovery matters were amicably resolved, as set forth on the record. The participation of the ATT entity in discovery and its execution of a stipulated protective order will not be construed as a waiver of its objection to the court's personal jurisdiction over it. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
|
| Filing 46 Corporate Disclosure Statement by CLEAR HOME, INC.. (Pfeifer, Jon) |
| Filing 45 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Defendant AT&T SERVICES, INC.. (Knoth, Richard) |
| Filing 44 Corporate Disclosure Statement by AT&T SERVICES, INC. identifying Corporate Parent AT&T INC. for AT&T SERVICES, INC... (Knoth, Richard) |
| Filing 43 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Defendant CLEAR HOME, INC.. (Pfeifer, Jon) |
|
Filing 41
ORDER granting #40 Motion for Protective Order. Signed by Magistrate Judge Debra McVicker Lynch on 8/23/2019. (CBU)
|
| Filing 42 Mail Returned as undeliverable - RTS/Attempted/Unable to Forward re #34 Order on Motion to Appear pro hac vice sent to RYAN MARGERISON. (DWH) |
| Filing 40 MOTION for STIPULATED PROTECTIVE ORDER, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Agreement)(Goodman, Ian) Modified on 8/23/2019 (DWH). |
| Filing 39 Mail Returned as undeliverable. #28 Status Conference sent to CHAD LABONTE (2343 W. Main St. Apt. 2005 Mesa AZ 85201). (APD) |
|
Filing 38
ORDER granting Plaintiff's #37 Motion to Substitute Party. AT&T SERVICES, INC. added. AT&T, INC. terminated. Signed by Magistrate Judge Debra McVicker Lynch on 8/16/2019. (SWM)
|
| Filing 37 MOTION to Substitute Party , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Bont, Jonathan) |
| Filing 36 RECEIPT #IP066235 for pro hac vice fee in the amount of $100.00 for #33 Motion to Appear Pro Hac Vice for attorney Cole Cannon. (DJH) |
| Filing 35 NOTICE of Parties' First Extension of Time, filed by Defendant CLEAR HOME, INC.. (Hancock, Keith) |
|
Filing 34
ORDER granting #33 Motion to Appear pro hac vice. Attorney Cole S. Cannon for CLEAR HOME, INC. added. The court FURTHER ORDERS that Cole S. Cannon register as a user of the court's electronic case filing system by August 26, 2019. Failure to register could result in the revocation of his admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/12/2019. (SWM)
|
| Filing 33 MOTION for Attorney(s) Cole S. Cannon to Appear pro hac vice (No fee paid with this filing), filed by Defendant CLEAR HOME, INC.. (Attachments: #1 Text of Proposed Order Proposed Order on Pro Hac Vice)(Hancock, Keith) |
| Filing 32 NOTICE of Appearance by Jon F. Pfeifer on behalf of Defendant CLEAR HOME, INC.. (Pfeifer, Jon) |
|
Filing 31
AGREED TEMPORARY RESTRAINING ORDER - Plaintiff Metro Fibernet, LLC ("MetroNet") having filed its Motion to Enter an Agreed Temporary Restraining Order, and the Court being duly advised in the premises, hereby ORDERS as follows. (See Order.) Copies mailed pursuant to distribution list. Signed by Judge James Patrick Hanlon on 8/8/2019. (RSF)
|
|
Filing 30
ORDER GRANTING IN PART AND DENYING IN PART METRO FIBERNET'S MOTION TO ENTER AN AGREED TEMPORARY RESTRAINING ORDER - On August 7, 2019, Metro Fibernet, LLC filed a Motion to Enter an Agreed Temporary Restraining Order. Dkt. 29. The Motion is GRANTED in PART and DENIED in part. Dkt #29 . In a separate entry, the Court has entered the Agreed Temporary Restraining Order, as modified by the Court, by removing: "and Chad Labonte and Ryan Margerison, each individually." Such language is stricken because neither Mr. Labonte nor Mr. Margerison are parties to the Motion. Mr. Labonte and Mr. Margerison are, however, subject to this Agreed Temporary Restraining Order to the extent they are employees, officers, or agents of Clear Home, Inc. The Agreed Temporary Restraining Order will remain in effect until further Order of the Court. Copies mailed pursuant to distribution list. Signed by Judge James Patrick Hanlon on 8/8/2019. (RSF)
|
| Filing 29 MOTION for Temporary Restraining Order , filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order Agreed Temporary Restraining Order)(Bont, Jonathan) |
|
Filing 28
Entry and Order from Status Conference - The parties, by counsel, appeared for a status conference on August 6, 2019, with the magistrate judge. The defendants' responses to the motion for preliminary injunction are due August 27, 2019. The plaintiff's reply is due 7 days thereafter or two business days before the hearing, whichever is sooner. Signed by Magistrate Judge Debra McVicker Lynch. (AKW)
|
| Filing 27 RECEIPT #IP066166 for pro hac vice fee in the amount of $100.00, paid by Jon Pfeifer for #19 Motion for Jon Pfeifer to Appear Pro Hac Vice per #24 Order. (DJH) |
|
Filing 26
ORDER granting #22 Motion to Appear pro hac vice. Attorney Breaden M. Douthett for AT&T, INC. added. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/6/2019. (SWM)
|
|
Filing 25
ORDER granting #21 Motion to Appear pro hac vice. Attorney Melissa D. Bertke for AT&T, INC. added. The court FURTHER ORDERS that Melissa D. Bertke register as a user of the court's electronic case filing system by August 20, 2019. Failure to register could result in the revocation of her admission pro hac vice. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/6/2019. (SWM)
|
|
Filing 24
ORDER Granting Motion to Appear Pro Hac Vice: This case is before the court on the motion for Jon F. Pfeifer to appear pro hac vice (Dkt. #19 ). The motion states, "A check in the amount of One Hundred Dollars ($100.00) in payment of the administrative fees required to process this motion for admission pro hac vice has been submitted to the Clerk of this Court." To date, however, the check has not yet been received. Therefore, the court GRANTS Jon F. Pfeifer leave to appear pro hac vice in this case on behalf of defendant Clear Home, Inc., provided the $100.00 administrative fee is paid by August 20, 2019. The court FURTHER ORDERS that Jon F. Pfeifer register as a user of the court's electronic case filing system by August 20, 2019. Failure to register could result in the revocation of his admission pro hac vice. Attorney Jon F. Pfeifer for CLEAR HOME, INC. added. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 8/6/2019. (SWM)
|
| Filing 23 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Richard M. Knoth hereby notifies the Clerk of the court of changed contact information. (Knoth, Richard) |
| Filing 22 MOTION for Attorney(s) Breaden M. Douthett to Appear pro hac vice (Filing fee $100, receipt number 0756-5563715), filed by Defendant AT&T, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Knoth, Richard) |
| Filing 21 MOTION for Attorney(s) Melissa D. Bertke to Appear pro hac vice (Filing fee $100, receipt number 0756-5563656), filed by Defendant AT&T, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Order)(Knoth, Richard) |
| Filing 20 NOTICE of Appearance by Richard M. Knoth on behalf of Defendant AT&T, INC.. (Knoth, Richard) |
| Filing 19 MOTION for Attorney(s) Jon F. Pfeifer to Appear pro hac vice (No fee paid with this filing), filed by Defendant CLEAR HOME, INC.. (Attachments: #1 Text of Proposed Order Proposed Order on Pro Hac Vice)(Hancock, Keith) |
| Filing 18 NOTICE of Appearance by Keith L. Hancock on behalf of Defendant CLEAR HOME, INC.. (Hancock, Keith) |
| Filing 17 CERTIFICATE OF SERVICE by METRO FIBERNET, LLC PROOF OF SERVICE ON DEFENDANT ON RYAN MARGERISON (Attachments: #1 Exhibit A - USPS Proof of Delivery)(Bont, Jonathan) |
| Filing 16 CERTIFICATE OF SERVICE by METRO FIBERNET, LLC PROOF OF SERVICE ON DEFENDANT CLEAR HOME, INC. (Attachments: #1 Exhibit A - USPS Proof of Delivery)(Bont, Jonathan) |
| Filing 15 CERTIFICATE OF SERVICE by METRO FIBERNET, LLC PROOF OF SERVICE ON DEFENDANT CHAD LABONTE (Attachments: #1 Exhibit A - USPS Proof of Delivery)(Bont, Jonathan) |
| Filing 14 CERTIFICATE OF SERVICE by METRO FIBERNET, LLC PROOF OF SERVICE ON DEFENDANT AT&T, INC. (Attachments: #1 Exhibit A - USPS Proof of Delivery)(Bont, Jonathan) |
| Filing 13 Corporate Disclosure Statement by METRO FIBERNET, LLC identifying Corporate Parent MetroNet Holdings, LLC for METRO FIBERNET, LLC.. (Bont, Jonathan) |
|
Filing 12
SCHEDULING ORDER: Status Conference set for 8/6/2019 02:00 PM (Eastern Time) in Telephonic before Magistrate Judge Debra McVicker Lynch. Counsel should call 888-363-4734 access code 5451691 to participate in the conference. Copies via US Mail. Signed by Magistrate Judge Debra McVicker Lynch on 7/29/2019.(SWM)
|
|
Filing 11
ORDER - This matter is before the Court on Metro Fibernet, LLC's Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Dkt 5. Magistrate Judge Debra McVicker Lynch will schedule a telephonic conference with counsel to discuss a briefing schedule, whether a preliminary injunction hearing is necessary, when such hearing should be held, the estimated time required for such hearing, and other issues related to the Court's resolution of Metro Fibernet's Motion, dkt. #5 . Signed by Judge James Patrick Hanlon on 7/29/2019. (DWH)
|
| Filing 10 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH) |
| Filing 9 CORRECTED DOCUMENT - Please disregard document re #7 Summons Issued which was Docketed in Error. Corrected document has been attached to this entry. (DJH) |
| Filing 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 7 Summonses Issued as to AT&T, INC., CLEAR HOME, INC., CHAD LABONTE, and RYAN MARGERISON -- ***PLEASE REFER TO #9 FOR CORRECTED DOCUMENT***. (DJH) Modified on 7/24/2019 (DJH). |
| Filing 6 BRIEF/MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION , filed by Plaintiff METRO FIBERNET, LLC. (Bont, Jonathan) |
| Filing 5 MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION, filed by Plaintiff METRO FIBERNET, LLC. (Attachments: #1 Text of Proposed Order)(Bont, Jonathan) |
| Filing 4 NOTICE of Appearance by Mackenzie Elizabeth Skalski on behalf of Plaintiff METRO FIBERNET, LLC. (Skalski, Mackenzie) |
| Filing 3 NOTICE of Appearance by Ian P. Goodman on behalf of Plaintiff METRO FIBERNET, LLC. (Goodman, Ian) |
| Filing 2 NOTICE of Appearance by Jonathan A. Bont on behalf of Plaintiff METRO FIBERNET, LLC. (Bont, Jonathan) |
| Filing 1 COMPLAINT against AT&T, INC., CLEAR HOME, INC., CHAD LABONTE, RYAN MARGERISON, filed by METRO FIBERNET, LLC. (Filing fee $400, receipt number 0756-5542556) (Attachments: #1 Exhibit 1 - Cease and Desist Notice, #2 Affidavit E. Covey Affidavit, #3 Affidavit M. Paul Affidavit, #4 Civil Cover Sheet, #5 Proposed Summons)(Bont, Jonathan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
