MCAFEE v. DRAFTKINGS, INC.
| MATTHEW MCAFEE |
| DRAFTKINGS, INC. |
| 1:2024cv01168 |
| July 11, 2024 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| James Patrick Hanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on September 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 44 Witness List (Preliminary), filed by Defendant DRAFTKINGS, INC., Exhibit List (Preliminary), filed by Defendant DRAFTKINGS, INC.. (Zimmerly, Philip) |
Filing 43
ORDER: This matter is before the Court on Unopposed Motion for Extension of Time to Respond to Motion to Dismiss. [Dkt. #42 .] The Court, being duly advised, hereby GRANTS the motion. Plaintiff shall have up to and including September 18, 2024, to file his response to Defendant DraftKings Inc.'s Motion to Dismiss Class Action Complaint or, Alternatively, Motion to Strike. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 9/5/2024. (LF)
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| Filing 42 Unopposed MOTION for Extension of Time to File Response to September 18, 2024 re #30 MOTION to Dismiss Class Action Complaint or, alternatively, Motion to Strike , filed by Plaintiff MATTHEW MCAFEE. (Attachments: #1 Text of Proposed Order)(Duff, Robert) |
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Filing 41
PROTECTIVE ORDER - APPROVED and SO ORDERED as AMENDED. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 9/3/2024. (JSR)
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Filing 40
MINUTE ORDER The parties appeared by counsel for a hearing on the parties' "joint" motion for entry of a confidentiality protective order on September 3, 2024, before Magistrate Judge Mark J. Dinsmore. #37 For the reasons more fully set forth on the record of the hearing, Defendant's argument is not well taken and Defendant's request that the confidentiality protective order contain an "attorney's eyes only" provision is DENIED. The Court will enter a revised confidentiality protective order by separate order. Signed by Magistrate Judge Mark J. Dinsmore. (DLW) (Additional attachment(s) added on 9/3/2024: #1 Exhibit Defendant's Hearing Exhibit) (DLW).
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Filing 39
SCHEDULING ORDER - This matter comes before the Court on the parties' Joint Motion for Entry of Protective Order. [Dkt. #37 .] The parties shall appear by counsel for a hearing on the motion on 9/3/2024 at 10:00 AM (Eastern Time) in room #270, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore on 8/29/2024. (JSR)
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| Filing 38 Exhibit List (Preliminary), filed by Plaintiff MATTHEW MCAFEE, Witness List (Preliminary), filed by Plaintiff MATTHEW MCAFEE. (Duff, Robert) |
| Filing 37 Joint MOTION for Protective Order , filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit Plaintiff's Version - Uniform Stipulated Protective Order, #2 Exhibit Defendant's Version - Uniform Stipulated Protective Order, #3 Text of Proposed Order Setting Telephonic Conference on Joint Motion for Entry of Protective Order)(Zimmerly, Philip) |
| Filing 36 NOTICE of Service of Initial Disclosures , filed by Defendant DRAFTKINGS, INC.. (Slaughter, Dakota) |
| Filing 35 NOTICE for Extension of Time to Submit Agreed Protective Order (Unopposed), filed by Defendant DRAFTKINGS, INC., re #29 Order. (Zimmerly, Philip) |
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Filing 34
SCHEDULING ORDER - In order to allow the Court to more efficiently and effectively manage the conduct of discovery in this matter, on or before October 7, 2024, the parties shall jointly file a "Joint Report on the Status of Discovery," which report shall set forth: (See Order.) Signed by Magistrate Judge Mark J. Dinsmore on 8/15/2024. (JSR)
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Filing 33
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 6/5/2025. Discovery due by 5/9/2025. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 8/15/2024.(JRB)
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Filing 32
MINUTE ORDER The parties appeared by counsel for a Telephonic Initial Pretrial Conference on August 15, 2024, before Magistrate Judge Mark J. Dinsmore. The Court will approve the Case Management Plan, by separate order, with changes to which the parties did not object. This matter is scheduled for a Telephonic Status Conference on October 9, 2024, at 11:00 a.m. (Eastern) to discuss case status, as well as the parties' Joint Report on the Status of Discovery. In addition, this matter is scheduled for a Telephonic Settlement Conference on April 14, 2025, at 1:00 p.m. (Eastern), before Magistrate Judge Mark J. Dinsmore. See Minute Order for additional information and deadlines. Signed by Magistrate Judge Mark J. Dinsmore. (DLW)
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| Filing 31 BRIEF in Support of Motion re #30 MOTION to Dismiss Class Action Complaint or, alternatively, Motion to Strike , filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Affidavit of Franklin S. Krbechek in Support of Defendant DraftKings Inc.'s Motion to Dismiss Class Action Complaint and Motion to Strike)(Zimmerly, Philip) Modified on 8/15/2024 (KAA). |
| Filing 30 MOTION to Dismiss Class Action Complaint or, alternatively, Motion to Strike, filed by Defendant DRAFTKINGS, INC.. (Zimmerly, Philip) |
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Filing 29
ORDER REGARDING PROTECTIVE ORDERS - In the event an agreed protective order is required in this matter, the parties shall file a motion seeking the entry of such an order, attaching thereto the proposed protective order. A motion for the entry of an agreed protective order should be filed as soon as practicable, but in any event no later than 14 days prior to the original due date for any discovery response with regard to which the responding party proposes to rely upon the protective order when responding. Signed by Magistrate Judge Mark J. Dinsmore on 8/9/2024. (See Order.) (BAA)
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| Filing 27 CASE MANAGEMENT PLAN TENDERED, filed by Defendant DRAFTKINGS, INC. . (Morgan, Rees) |
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Filing 26
ORDER - This matter is before the Court on Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. [Dkt. #25 .] The Court, being duly advised, hereby GRANTS the motion. Defendants shall have to and including August 14, 2024, within which to answer or otherwise respond to Plaintiff's complaint. No further enlargement of this deadline will be granted. Signed by Magistrate Judge Mark J. Dinsmore on 8/7/24. (BAA)
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| Filing 25 Unopposed MOTION for Extension of Time to 08/14/2024 to Respond to Plaintiff's Complaint, filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Text of Proposed Order)(Zimmerly, Philip) |
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Filing 24
ORDER granting #20 Motion to Appear pro hac vice. Attorney Rees F Morgan for DRAFTKINGS, INC. added. If not already registered with the Court's Electronic Filing System, Rees F. Morgan, is ordered to register within ten (10) days of the entry of this order. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 7/25/2024.(Copy mailed per Distribution list.) (LF)
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Filing 23
ORDER granting #19 Motion to Appear pro hac vice. Attorney Richard R. Patch for DRAFTKINGS, INC. added. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/25/2024. (JRB)
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Filing 22
ORDER granting #18 Motion to Appear pro hac vice. Attorney Franklin Krbechek for DRAFTKINGS, INC. added. Copy sent to distribution list via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/25/2024. (JRB)
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Filing 21
ORDER granting #17 Amended Motion to Appear pro hac vice. Attorney Emlyn Mandel for DRAFTKINGS, INC. added. If not already registered with the Court's Electronic Filing System, Emlyn Mandel, is ordered to register within ten (10) days of the entry of this order. Copy to Emlyn Mandel via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/25/2024. (SWM) Modified on 7/25/2024 to reflect Order granting Amended Motion.
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| Filing 20 Amended MOTION for Attorney(s) Rees F. Morgan to Appear pro hac vice (No fee paid with this filing), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A- Certification of Rees F. Morgan, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 19 Amended MOTION for Attorney(s) Richard R. Patch to Appear pro hac vice (No fee paid with this filing), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A - Certification of Richard R Patch, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 18 Amended MOTION for Attorney(s) Franklin Krbechek to Appear pro hac vice (No fee paid with this filing), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A- Certification of F. Krbechek, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 17 Amended MOTION for Attorney(s) Emlyn Mandel to Appear pro hac vice (No fee paid with this filing), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A- Certification of E Mandel, #2 Text of Proposed Order)(Zimmerly, Philip) |
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Filing 16
SCHEDULING ORDERTELEPHONIC INITIAL PRETRIAL CONFERENCE HON. MAGISTRATE JUDGE MARK J. DINSMORE: This matter is scheduled for a telephonic initial pretrial conference on Thursday, August 15, 2024, at 2:00 p.m. (Eastern). Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Unless the parties agree there are compelling reasons for a departure, the CMP shall be in the format set forth in the model CMP found on the Court's website (www.insd.uscourts.gov). See Order. Signed by Magistrate Judge Mark J. Dinsmore on 7/22/2024.(LF)
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Filing 15
ORDER: This matter is before the Court on four Motions for Admission Pro Hac Vice pursuant to Local Rule 83-6. None of the certifications provide all of the representations required by Local Rule 83-6(d)(2). Accordingly, the motions [Dkts. #11 , #12 , #13 , and #14 ] are DENIED without prejudice to their resubmission in full compliance with Local Rule 83-6. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 7/22/2024. (LF)
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| Filing 14 MOTION for Attorney(s) Emlyn Mandel to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8252921), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A - E Mandel Certification, #2 Text of Proposed Order)(Zimmerly, Philip) Modified on 7/18/2024 to add attorney name (KAA). |
| Filing 13 MOTION for Attorney(s) Rees F. Morgan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8252899), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A - Certification of Rees F. Morgan, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 12 MOTION for Attorney(s) Franklin Krbechek to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8252882), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A - Certificate of Franklin Krbechek, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 11 MOTION for Attorney(s) Richard R. Patch to Appear pro hac vice (Filing fee $100, receipt number AINSDC-8252844), filed by Defendant DRAFTKINGS, INC.. (Attachments: #1 Exhibit A- Certification of R Patch, #2 Text of Proposed Order)(Zimmerly, Philip) |
| Filing 10 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant DRAFTKINGS, INC.. (Zimmerly, Philip) |
| Filing 9 Rule 7.1 Disclosure Statement by DRAFTKINGS, INC.. (Zimmerly, Philip) |
| Filing 8 Rule 7.1 Disclosure Statement by MATTHEW MCAFEE. (Duff, Robert) |
| Filing 7 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) |
| Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 5 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA) |
| Filing 4 NOTICE of Appearance by Dakota Christopher Slaughter on behalf of Defendant DRAFTKINGS. (Slaughter, Dakota) |
| Filing 3 Rule 7.1 Disclosure Statement by DRAFTKINGS. (Zimmerly, Philip) |
| Filing 2 NOTICE of Appearance by Philip R. Zimmerly on behalf of Defendant DRAFTKINGS. (Zimmerly, Philip) |
| Filing 1 NOTICE OF REMOVAL from Hamilton County Superior Court, case number 29D03-2406-CT-006326, filed by DRAFTKINGS. (Filing fee $405, receipt number AINSDC-8243333) (Attachments: #1 Exhibit 1 - State Court Record (Appearance for Plaintiff, Class Action Complaint, Summons to DraftKings Inc., Appearance for Defendant, Unopposed Motion for Enlargement of Time to Respond to Complaint, Order Granting Enlargement of Time, Docket Sheet), #2 Exhibit 2 - Operative Complaint, #3 Civil Cover Sheet)(Zimmerly, Philip) |
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