Virgin Mobile USA, L.P. v. Pat Apple et al
| Virgin Mobile USA, L.P. |
| Jay Scott Emler, Shari Feist Albrecht, Pat Apple, Dwight D. Keen and Susan K. Duffy |
| 2:2017cv02524 |
| September 8, 2017 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Johnson |
| Julie A Robinson |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1 |
| None |
Docket Report
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This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.
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Filing 137
AMENDED JUDGMENT. Signed by deputy clerk on 3/11/2020. (hw)
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Filing 136
DOCKET ANNOTATION: A redacted version of #135 Amended Memorandum & Order has been added to the entry and this annotation for noticing purposes only. (hw)
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Filing 135
AMENDED SEALED MEMORANDUM AND ORDER re #127 Sealed Memorandum and Order. Signed by Chief District Judge Julie A. Robinson on 3/11/2020. (hw) (Additional attachment(s) added on 3/11/2020: #1 Redacted Amended Memorandum and Order) (hw).
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Filing 134
ORDER granting #133 Unopposed Motion to Alter or Amend Order Granting Plaintiff's Summary Judgment Motion. Signed by Chief District Judge Julie A. Robinson on 3/11/2020. (hw)
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Filing 133
Unopposed MOTION to Alter Judgment or Amend Order Granting Plaintiff's Summary Judgment Motion by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 132
DOCKET ANNOTATION: A redacted version #127 Memorandum & Order, has been added to the entry and is attached to this annotation for noticing purposes only. (hw)
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Filing 131
ORDER granting #130 Joint Motion for Leave to File Redacted Version of Memorandum and Order. Signed by Chief District Judge Julie A. Robinson on February 19, 2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js)
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Filing 130
Joint MOTION for Leave to file Redacted Version of Order by Plaintiff Virgin Mobile USA, L.P. (Attachments: #1 Exhibit Proposed Redacted Version of Order)(Keatley, Edward)
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Filing 129
JUDGMENT. Signed by deputy clerk on 2/12/2020. (smc)
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Filing 128
NOTICE OF UNSEALING AND ORDER. See Order for details. Signed by Chief District Judge Julie A. Robinson on 2/7/2020. (heo)
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Filing 127
SEALED MEMORANDUM AND ORDER granting in part and denying in part #85 Motion to Exclude Expert Testimony of Sandra K. Reams; granting in part and denying in part #88 Motion to Exclude Expert Testimony of Robert Loube; denying #81 Motion for Summary Judgment; granting #91 Motion for Summary Judgment. Signed by Chief District Judge Julie A. Robinson on 2/7/2020. (heo) (Additional attachment(s) added on 2/19/2020: #1 Redacted Memorandum and Order) (hw).
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Filing 126
STIPULATION /regarding the Statement of Facts in the Memorandum in Support of Def's MSJ by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen. (Fedotin, Brian)
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Filing 125
STIPULATION Regarding Jan, 2012 through Feb 2013 Time Period by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen. (Fedotin, Brian)
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Filing 124
ORDER granting #123 Joint Motion for Entry of Stipulation. Having considered the parties' submission, the Court grants the motion and directs the parties to file as Stipulations the documents attached to the motion as Exhibits A and B. Signed by Chief District Judge Julie A. Robinson on 10/28/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lml)
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Filing 123
Joint MOTION File Stipulations by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Fedotin, Brian)
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Filing 122
NOTICE of Re-filing of the Second Loube Declaration with Corrected Statutory Verification Clause by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #81 MOTION for Summary Judgment (Attachments: #1 Affidavit Second Declaration of Dr. Robert Loube Regarding Motion for Summary Judgment)(Fedotin, Brian)
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Filing 121
REPLY TO RESPONSE TO MOTION by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re: #81 MOTION for Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit Exhibit 5)(Fedotin, Brian)
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Filing 120
REPLY TO RESPONSE TO MOTION by Plaintiff Virgin Mobile USA, LP re: #91 MOTION for Summary Judgment. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Declaration of Diane Browning, #3 Exhibit A to Declaration of Diane Browning)(Keatley, Edward)
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Filing 119
Combined REPLY TO RESPONSE TO MOTION by Plaintiff Virgin Mobile USA, LP re: #88 MOTION to Exclude Expert Testimony of Robert Loube, #85 MOTION to Exclude Expert Testimony of Sandra K. Reams. (Keatley, Edward)
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Filing 118
NOTICE of Filing of Public Redacted Copies of Defendants' September 23, 2019 Briefs by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 117
NOTICE of Filing of Exhibit 6 to Opposition to Plaintiff's Mtn. for Summary Judgment by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #109 Memorandum in Opposition to Motion,,,, (Attachments: #1 Exhibit Exhibit 6)(Fedotin, Brian)
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Filing 116
RESPONSE by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #88 MOTION to Exclude Expert Testimony of Robert Loube, #85 MOTION to Exclude Expert Testimony of Sandra K. Reams Redacted Public Version of Consolidated Opposition to Motions to Exclude Expert Testimony of REams and Loube (Fedotin, Brian)
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Filing 115
RESPONSE by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #91 MOTION for Summary Judgment Public Redacted Version of Defendants' Opposition to Plaintiff's Mtn. for Summ. Judg. (Fedotin, Brian)
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Filing 114
NOTICE of Addendum of Dictionary Definitions to Defendants' Opposition to Plaintiff's Mtn. Summ. Judgment by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 113
NOTICE of Index of Exhibits to Defendants' Opposition to Plaintiffs' Mtn. Summ. Judg. by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 112
AFFIDAVIT of Dr. Robert Loebe re #81 MOTION for Summary Judgment by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen(Fedotin, Brian)
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Filing 111
SEALED RESPONSE by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #91 MOTION for Summary Judgment Defendants' Opposition to Plaintiff's Motion for Summary Judgment (Fedotin, Brian)
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Filing 110
SEALED RESPONSE by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen re #88 MOTION to Exclude Expert Testimony of Robert Loube, #85 MOTION to Exclude Expert Testimony of Sandra K. Reams Consolidated Opposition to Motions to Exclude Expert Testimony of Reams and Loube (Fedotin, Brian)
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Filing 109
MEMORANDUM IN OPPOSITION by Plaintiff Virgin Mobile USA, L.P. re #81 MOTION for Summary Judgment (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5 - Affidavit of E. Benton Keatley, #7 Exhibit A to Affidavit of E. Benton Keatley, #8 Exhibit B to Affidavit of E. Benton Keatley, #9 Exhibit C to Affidavit of E. Benton Keatley, #10 Exhibit D to Affidavit of E. Benton Keatley, #11 Exhibit E to Affidavit of E. Benton Keatley, #12 Exhibit F to Affidavit of E. Benton Keatley, #13 Exhibit G to Affidavit of E. Benton Keatley, #14 Exhibit H to Affidavit of E. Benton Keatley, #15 Exhibit I to Affidavit of E. Benton Keatley, #16 Exhibit J to Affidavit of E. Benton Keatley, #17 Exhibit K to Affidavit of E. Benton Keatley, #18 Exhibit L to Affidavit of E. Benton Keatley, #19 Exhibit M to Affidavit of E. Benton Keatley, #20 Exhibit N to Affidavit of E. Benton Keatley, #21 Exhibit O to Affidavit of E. Benton Keatley, #22 Exhibit P to Affidavit of E. Benton Keatley)(Keatley, Edward)
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Filing 108
ORDER granting #107 Motion for Extension of Time to File. The Response deadline is extended to 9/23/2019. The Reply deadline is extended to 10/15/2019. The Daubert briefing deadline is extended to 10/15/2019. Signed by Chief District Judge Julie A. Robinson on 9/13/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js)
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Filing 107
Unopposed MOTION for extension of time for Remaining Summary Judgment and Daubert Briefing by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 106
ORDER granting #105 Joint Motion to Unseal Reams Summary Judgment Declaration (Doc. 98-2). Signed by Chief District Judge Julie A. Robinson on 8/27/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ls)
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Filing 105
Joint MOTION to Unseal Document Reams Summary Judgment Declaration by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 104
AMENDED DOCUMENT by Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen. Errata to Public Version of Defendants' Memorandum in Support of Motion for Summary Judgment. (Fedotin, Brian)
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Filing 103
MEMORANDUM IN SUPPORT of #84 SEALED MOTION Memorandum in Support of Motion to Dismiss Errata to Memorandum in Support of Motion to Dismiss by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen(Fedotin, Brian)
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Filing 102
MEMORANDUM IN SUPPORT of #81 MOTION for Summary Judgment by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen(Fedotin, Brian)
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Filing 101
REDACTION to #87 SEALED Exhibits Exhibit 2 REDACTED VERSION to Memorandum in Support of Motion to Exclude Expert Testimony of Sandra Reams by Virgin Mobile USA, L.P.. (Keatley, Edward)
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Filing 100
REDACTION to #89 SEALED Memorandum in Support of Motion to Exclude Expert Testimony of Robert Loube & Exhibits 1 to 3 REDACTED VERSION by Virgin Mobile USA, L.P.. (Attachments: #1 Exhibit List, #2 Exhibit - Redacted 1, #3 Exhibit - Redacted 2, #4 Exhibit - Redacted 3)(Keatley, Edward)
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Filing 99
REDACTION to #95 Memorandum in Support of Motion, Exhibit 5 REDACTED VERSION by Virgin Mobile USA, L.P.. (Keatley, Edward)
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Filing 98
SEALED EXHIBIT(S) Declaration of Dr. Robert Loube and Declaration of Sandy Reams re #93 SEALED MOTION for Leave to File Under Seal Unredacted Versions of Loube and Reams Summary Judgment Declarations (Attachments: #1 Exhibit, #2 Exhibit)(Fedotin, Brian) (Modified on 8/28/2019 to unseal 98-2 per 106 text Order. (heo))
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Filing 97
ORDER granting #93 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested documents with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed documents to counsel of record. Pro hac vice attorneys must obtain sealed documents from local counsel. Signed by Chief District Judge Julie A. Robinson on 8/26/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ls)
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Filing 96
SEALED EXHIBIT(S) IN SUPPORT of #91 MOTION for Summary Judgment by Plaintiff Virgin Mobile USA, L.P. Exhibit 5 (Keatley, Edward)
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Filing 95
MEMORANDUM IN SUPPORT of #91 MOTION for Summary Judgment by Plaintiff Virgin Mobile USA, L.P. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7)(Keatley, Edward)
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Filing 94
EXHIBIT(S) IN SUPPORT of #93 SEALED MOTION for Leave to File Under Seal Unredacted Versions of Loube and Reams Summary Judgment Declarations by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Fedotin, Brian)
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Filing 93
SEALED MOTION for Leave to File Under Seal Unredacted Versions of Loube and Reams Summary Judgment Declarations by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Attachments: #1 Exhibit, #2 Exhibit)(Fedotin, Brian)
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Filing 92
***PLEASE DISREGARD - SEE #93 FOR CORRECT FILING*** SEALED MOTION Motion for Leave to File Unredacted Versions of Loube and Reams SJ Declarations Under Seal by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Attachments: #1 Exhibit, #2 Exhibit)(Fedotin, Brian) (Modified on 8/23/2019 incorrect ecf event used. (heo))
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Filing 91
MOTION for Summary Judgment by Plaintiff Virgin Mobile USA, L.P. (Keatley, Edward)
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Filing 90
SEALED EXHIBIT(S) IN SUPPORT of #88 MOTION to Exclude Expert Testimony of Robert Loube by Plaintiff Virgin Mobile USA, L.P. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Keatley, Edward)
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Filing 89
SEALED MEMORANDUM IN SUPPORT of #88 MOTION to Exclude Expert Testimony of Robert Loube by Plaintiff Virgin Mobile USA, L.P.(Keatley, Edward)
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Filing 88
MOTION to Exclude Expert Testimony of Robert Loube by Plaintiff Virgin Mobile USA, L.P. (Keatley, Edward)
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Filing 87
SEALED EXHIBIT(S) Exhibit 2 re #86 Memorandum in Support of Motion (Keatley, Edward)
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Filing 86
MEMORANDUM IN SUPPORT of #85 MOTION to Exclude Expert Testimony of Sandra K. Reams by Plaintiff Virgin Mobile USA, L.P. (Attachments: #1 Exhibit List, #2 Exhibit 1)(Keatley, Edward)
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Filing 85
MOTION to Exclude Expert Testimony of Sandra K. Reams by Plaintiff Virgin Mobile USA, L.P. (Keatley, Edward)
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Filing 84
SEALED Memorandum in Support of Motion to Dismiss re #81 Motion for Summary Judgment by Defendants Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian) (Modified on 12/9/2019 to correct ecf event and add link. (heo))
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Filing 83
AFFIDAVIT of Sandy Reams re #81 MOTION for Summary Judgment by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Attachments: #1 Exhibit - Redacted Schedule 1, #2 Exhibit - Redacted Schedule 2, #3 Exhibit - Redacted Schedule 3)(Fedotin, Brian)
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Filing 82
AFFIDAVIT of Dr. Robert Loube re #81 MOTION for Summary Judgment by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen(Fedotin, Brian)
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Filing 81
MOTION for Summary Judgment by Defendants Shari Feist Albrecht, Pat Apple, Susan K. Duffy, Jay Scott Emler, Dwight D. Keen (Fedotin, Brian)
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Filing 80
ORDER granting #79 Motion for Leave to File Under Seal the exhibits attached hereto and file under seal dispositive and/or Daubert submissions that discuss the contents of those exhibits. Counsel is directed to file forthwith requested documents with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed documents to counsel of record. Pro hac vice attorneys must obtain sealed documents from local counsel. Counsel is also directed to file public, redacted versions of their sealed exhibits and dispositive and/or Daubert submissions within two business days from the date they file sealed submissions. The Court reserves the right upon review of the redacted exhibits and briefing to revisit its ruling based on the scope of the redactions. Signed by Chief District Judge Julie A. Robinson on 8/22/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ls)
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Filing 79
SEALED MOTION , Joint SEALED MOTION for Leave to File Under Seal ( Response deadline 9/4/2019) by Plaintiff Virgin Mobile USA, L.P. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Keatley, Edward)
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Filing 78
PRETRIAL ORDER ENTERED Dispositive motion deadline 8/22/2019. Court Trial set for 4/14/2020 at 9:00 AM in KC Courtroom 427 (JAR) before Chief District Judge Julie A. Robinson. Estimated trial time 4 days. Signed by Magistrate Judge James P. O'Hara on 7/29/19. (ss)
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Filing 77
MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: FINAL PRETRIAL CONFERENCE held on 7/25/2019. (AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 76
SCHEDULING ORDER: Today the undersigned magistrate judge conducted a telephonic pretrial conference. Without objection by plaintiff, the defendants requested certain adjustments in the current briefing schedule for summary judgment and Daubert motions. Those adjustments have been approved by the chambers of the presiding U.S. District Judge, Julie A. Robinson. To confirm, the extended deadline for filing such motions is 8/22/19. Responses must be filed by 9/19/19. Any replies must be filed by 10/10/19. Signed by Magistrate Judge James P. O'Hara on 7/25/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
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Filing 75
NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Pretrial Conference set for 7/25/2019 at 01:30 PM by Telephone before Magistrate Judge James P. O'Hara. All parties and counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
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Filing 74
NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Final Pretrial Conference set for 7/25/2019 at 3:00 PM by Telephone before Magistrate Judge James P. O'Hara. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
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Filing 73
AMENDED NOTICE by Plaintiff Virgin Mobile USA, L.P. of taking deposition of Dr. Robert Loube on July 17, 2019 (Fitts, Amy)
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Filing 72
ORDER granting #71 joint motion to extend deadline for expert discovery. For good cause shown, the parties shall complete expert discovery by July 17, 2019. Signed by Magistrate Judge James P. O'Hara on 07/08/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jc)
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Filing 71
Joint MOTION for extension of time to Extend Deadline for Expert Discovery by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Keatley, Edward)
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Filing 70
NOTICE by Plaintiff Virgin Mobile USA, L.P. of taking deposition of Dr. Robert Loube on July 10, 2019 (Fitts, Amy)
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Filing 69
NOTICE by Plaintiff Virgin Mobile USA, L.P. of taking deposition of Sandy Reams on July 2, 2019 (Fitts, Amy)
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Filing 68
ORDER granting #67 Motion for Extension of Time to File. Expert discovery deadline 07/12/2019. Dispositive motion deadline 8/15/2019. Proposed Pretrial Order due by 7/16/2019. Final Pretrial Conference set for 7/25/2019 at 03:00 PM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 06/19/19. (jc)
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Filing 67
Joint MOTION for extension of time to Extend Deadlines for Expert Discovery, Dispositive Motions, and Motions Challenging the Admissibility of Expert Testimony by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Fitts, Amy)
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Filing 66
CERTIFICATE OF SERVICE of Defendants' Addition to Preliminary Exhibit List by Shari Feist Albrecht, Pat Apple, Jay Scott Emler (Fedotin, Brian)
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Filing 65
ORDER granting #64 joint motion to amend scheduling order. Plaintiff's expert disclosure deadline is May 20, 2019. Defendants' expert disclosure deadline is June 3, 2019. Rebuttal experts will be disclosed on June 7, 2019, and all expert discovery will be completed on June 28, 2019. The parties' proposed pretrial order is due July 3, 2019. The pretrial conference will be July 11, 2019 at 1:30 p.m. Dispositive motions are due August 1, 2019. Trial is reset for April 14, 2020 at 9 a.m. at the direction of Judge Robinson. Signed by Magistrate Judge James P. O'Hara on 03/04/2019. (jc)
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Filing 64
Joint MOTION to Amend Scheduling Order by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Keatley, Edward)
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Filing 63
ORDER granting #62 joint motion for approval of the discovery stipulations entered by the parties and attached to the motion as ECF No. 62-1. The court finds good cause to approve the stipulations. Signed by Magistrate Judge James P. O'Hara on 2/28/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 62
Joint MOTION for Order Entering Stipulation by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit A - Stipulation)(Fitts, Amy)
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Filing 61
NOTICE OF SERVICE by Shari Feist Albrecht, Pat Apple, Jay Scott Emler of Defendants' Supplemental Answers to Plaintiff's Interrogatories (Fedotin, Brian)
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Filing 60
ORDER granting #59 unopposed Motion for Extension of Time. The deadline set in ECF No. 50 for filing motions to compel/cross-motions for protective orders and to submit a proposed amended scheduling order is extended to March 1, 2019. As the meet-and-confer process regarding this discovery dispute has been on-going for more than three months, and as this is the fourth extension granted at the parties' request, no further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge James P. O'Hara on 2/11/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 59
Joint MOTION for extension of time to Extend Deadlines by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (referred to Magistrate Judge James P. O'Hara) (Fedotin, Brian)
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Filing 58
ORDER granting #57 unopposed Motion for Extension of Time. The deadline set in ECF No. 50 for filing motions to compel/cross-motions for protective orders and to submit a proposed amended scheduling order is extended to February 11, 2019. Signed by Magistrate Judge James P. O'Hara on 2/4/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 57
MOTION for extension of time to file motions to compel, motions for protective orders, and a proposed procedural schedule by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (referred to Magistrate Judge James P. O'Hara) (Fedotin, Brian)
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Filing 56
ORDER granting #55 joint motion for approval of the discovery stipulations entered by the parties and attached to the motion as ECF No. 55-1. The court finds good cause to approve the stipulations. Signed by Magistrate Judge James P. O'Hara on 2/4/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 55
Joint MOTION for Discovery -Entry of Stipulation by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit A)(Fitts, Amy)
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Filing 54
ORDER granting #53 Joint Motion for Extension of Time. The deadlines set in ECF No. 50 for filing motions to compel/cross-motions for protective orders and to submit a proposed amended scheduling order are extended to February 4, 2019. Signed by Magistrate Judge James P. O'Hara on 1/15/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 53
Joint MOTION for extension of time to Extend Filing Deadlines by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (referred to Magistrate Judge James P. O'Hara) (Fedotin, Brian)
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Filing 52
ORDER granting #51 Joint Motion for Extension of Time. The deadlines in ECF No. 50 are extended to 1/14/19. Signed by Magistrate Judge James P. O'Hara on 12/28/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (O'Hara, James)
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Filing 51
Joint MOTION for extension of time to Extend Filing Deadlines by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (referred to Magistrate Judge James P. O'Hara) (Fedotin, Brian)
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Filing 50
ORDER - Consistent with the court's order of 11/16/18 (ECF No. 49), counsel have submitted a status report to the undersigned magistrate judge's chambers. As agreed by the parties, they must begin holding further substantive meet-and-confers on 11/26/18. To the extent they're unable to resolve their discovery disputes, they must file any motions to compel and/or any cross-motions for protective order by 1/7/19. By 1/7/19, the parties must also email a proposed amended scheduling order to the undersigned's chambers, addressing all remaining deadlines and settings (with dates triggered by resolution of any motions to compel, if applicable). Signed by Magistrate Judge James P. O'Hara on 11/21/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
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Filing 49
ORDER - The undersigned magistrate judge conducted an informal telephone conference today, to address disputes concerning certain documents that defendants have asked plaintiff to produce. Some progress was made. But given the limited state of the record, and counsel's need to consult their respective clients, no definitive rulings were made during the lengthy conference. Everyone agreed further discussions between counsel might allow the parties to resolve the remaining disputes. By 11/21/18, counsel shall jointly report via e-mail to the undersigned's chambers on what they believe to be a reasonable timetable, taking into account the upcoming holiday season, for additional "meet-and-confer" and, if necessary, filing a motion to compel (and/or a cross-motion for protective order); this report also shall propose a deadline for submission of a proposed second amended scheduling order. In light of the unresolved nature of the above-described discovery disputes, all deadlines and settings in the first amended scheduling order filed on 10/09/18 (see ECF No. 44) are hereby vacated. Signed by Magistrate Judge James P. O'Hara on 11/16/18. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
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Filing 48
MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: STATUS CONFERENCE held on 11/16/2018. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (srj)
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Filing 47
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 11/16/2018 at 2:30 PM by Telephone before Magistrate Judge James P. O'Hara. All counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
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Filing 46
CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents to Plaintiff by Virgin Mobile USA, L.P.. (Keatley, Edward)
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Filing 45
NOTICE OF SERVICE by Shari Feist Albrecht, Pat Apple, Jay Scott Emler of Defendants' Responses and Objections to Production of Documents (Fedotin, Brian)
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Filing 44
AMENDED SCHEDULING ORDER and order granting #43 joint motion to amend the scheduling order. Discovery deadline 11/26/2018. Dispositive motion deadline 2/20/2019. Proposed Pretrial Order due by 1/28/2019. Final Pretrial Conference set for 2/6/2019 at 09:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 10/9/2018. (amh)
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Filing 43
Joint MOTION for extension of time - Discovery Deadlines by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Keatley, Edward)
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Filing 42
ENTRY OF APPEARANCE by Edward Benton Keatley on behalf of Virgin Mobile USA, L.P. (Keatley, Edward) Modified on 10/10/2018 (ydm).
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Filing 41
NOTICE OF SERVICE by Shari Feist Albrecht, Pat Apple, Jay Scott Emler of Defendants' Request for Production of Documents (Fedotin, Brian)
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Filing 40
CERTIFICATE OF SERVICE of Plaintiff's First Request for Production of Documents to Defendants by Virgin Mobile USA, L.P. (Fitts, Amy)
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Filing 39
CERTIFICATE OF SERVICE of Plaintiffs Preliminary Witness List and Plaintiffs Preliminary Exhibit List by Virgin Mobile USA, L.P. (Fitts, Amy)
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Filing 38
NOTICE OF SERVICE by Shari Feist Albrecht, Pat Apple, Jay Scott Emler of Witness and Exhibit List (Fedotin, Brian)
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Filing 37
CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendant's Interrogatories by Virgin Mobile USA, L.P.. (Fitts, Amy)
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Filing 36
NOTICE OF SERVICE by Shari Feist Albrecht, Pat Apple, Jay Scott Emler of Defendants' Answers to Plaintiff's Interrogatories. (Fedotin, Brian)
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Filing 35
CERTIFICATE OF SERVICE of Interrogatories to Plaintiff by Shari Feist Albrecht, Pat Apple, Jay Scott Emler (Fedotin, Brian)
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Filing 34
CERTIFICATE OF SERVICE of Plaintiff's First Set of Interrogatories to Defendants by Virgin Mobile USA, L.P.. (Fitts, Amy)
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Filing 33
JOINT PROTECTIVE ORDER. The court finds good cause to enter the protective order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 7/31/2018. (amh)
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Filing 32
SCHEDULING ORDER: Proposed Pretrial Order due by 1/4/2019. Final Pretrial Conference set for 1/16/2019 at 9:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Dispositive motion deadline 2/1/2019. Court Trial set for 10/1/2019 at 9:00 AM in KC Courtroom 427 (JAR) before Chief District Judge Julie A Robinson. Estimated trial time 4 days. Signed by Magistrate Judge James P. O'Hara on 7/20/18. (ss)
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Filing 31
MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 7/20/2018. (AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 30
NOTICE of Hearing CHANGE: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference set for 7/19/2018 at 10:30 AM by Telephone before Magistrate Judge James P. O'Hara. All counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
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Filing 29
Defendants' ANSWER to Complaint by Shari Feist Albrecht, Pat Apple, Jay Scott Emler.(Fedotin, Brian)
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Filing 28
MEMORANDUM AND ORDER denying #22 Motion to Dismiss. Signed by Chief District Judge Julie A Robinson on 6/7/2018. (hl)
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Filing 27
REPLY TO RESPONSE TO MOTION by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler re: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fedotin, Brian)
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Filing 26
ORDER granting #25 Defendants' Unopposed Motion for Extension of Time to File Reply in Support of #22 Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The Court grants the motion and extends the deadline for Defendants to file a Reply until December 18, 2017. Signed by Chief District Judge Julie A Robinson on 12/13/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (gt)
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Filing 25
Unopposed MOTION for Extension of Time to File Reply as to #24 Memorandum in Opposition to Motion to Dismiss by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (Fedotin, Brian)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #25 Unopposed MOTION for Extension of Time to File Reply as to #24 Memorandum in Opposition to Motion to Dismiss. The motion will be resolved by the District Judge.(ss)
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Filing 24
MEMORANDUM IN OPPOSITION by Plaintiff Virgin Mobile USA, L.P. re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Fitts, Amy)
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Filing 23
ORDER STAYING DISCOVERY. Signed by Magistrate Judge James P. O'Hara on 11/21/2017. (amh)
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Filing 22
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (Fedotin, Brian)
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Filing 21
ORDER granting #20 Motion to Appear Pro Hac Vice of James H. Lister for Shari Feist Albrecht, Pat Apple, and Jay Scott Emler pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 10/11/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mg)
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Filing 20
MOTION for attorney James Lister to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4300053.) by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler. (Referred to Magistrate Judge James P. O'Hara.) (Fedotin, Brian)
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Filing 19
ORDER granting #18 unopposed motion for extension of time until November 9, 2017, for defendants to answer or otherwise respond to plaintiff's complaint. Signed by Magistrate Judge James P. O'Hara on 10/3/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 18
Unopposed MOTION for Extension of Time to File Answer Responsive Pleadings by Defendants Shari Feist Albrecht, Pat Apple, Jay Scott Emler (referred to Magistrate Judge James P. O'Hara) (Fedotin, Brian)
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Filing 17
ORDER granting #13 Motion to Appear Pro Hac Vice of Brita D. Strandberg for Virgin Mobile USA, L.P. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 9/27/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
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Filing 16
ORDER granting #14 Motion to Appear Pro Hac Vice of Jared P. Marx for Virgin Mobile USA, L.P. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 9/26/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm)
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Filing 15
ELECTRONIC FILING REGISTRATION FORM of Brita Dagmar Strandberg re motion for leave to appear pro hac vice #13 by Plaintiff Virgin Mobile USA, L.P.(Fitts, Amy)
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Filing 14
MOTION for attorney Jared P. Marx to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4287337.) by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit of Jared P. Marx in Support of Motion for Leave to Appear Pro Hac Vice, #2 ECF Registration Form Pro Hac Vice ECF Registration Form for Jared Marx)(Fitts, Amy)
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Filing 13
MOTION for attorney Brita Dagmar Strandberg to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4287314.) by Plaintiff Virgin Mobile USA, L.P. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit Affidavit of Brita Dagmar Strandberg in Support of Motion for Leave to Appear Pro Hac Vice)(Fitts, Amy)
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Filing 12
NOTICE of Service of Returns of Service by Certified Mail by Virgin Mobile USA, L.P. (Fitts, Amy)
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Filing 11
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Hon. Jay Scott Emler c/o Lynn M. Retz (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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Filing 10
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Jay Scott Emler served on 9/18/2017, answer due 10/10/2017 via Attorney General (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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Filing 9
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Hon. Pat Apple, c/o Lynn M. Retz (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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Filing 8
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Pat Apple served on 9/18/2017, answer due 10/10/2017 via Attorney General (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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Filing 7
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Hon. Shari Feist Albrecht, c/o Lynn M. Retz (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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Filing 6
SUMMONS RETURNED EXECUTED -- Certified Mail by Virgin Mobile USA, L.P. upon Shari Feist Albrecht served on 9/18/2017, answer due 10/10/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fitts, Amy)
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SUMMONS ISSUED as to Shari Feist Albrecht, Pat Apple, Jay Scott Emler. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (cv)
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Filing 5
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Virgin Mobile USA, L.P. - trial to be held in Kansas City. (Fitts, Amy)
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Filing 4
CIVIL COVER SHEET by Plaintiff Virgin Mobile USA, L.P.. (Fitts, Amy)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to Chief District Judge Julie A Robinson and Magistrate Judge James P. O'Hara for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cv)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by Virgin Mobile USA, L.P. identifying Virgin Mobile USA, Inc., Sprint Ventures, Inc. and Bluebottle USA Holdings, LLC as corporate parent (Fitts, Amy)
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Filing 2
ENTRY OF APPEARANCE by Amy D. Fitts on behalf of Virgin Mobile USA, L.P. (Fitts, Amy)
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Filing 1
COMPLAINT with trial location of Kansas City ( Filing fee $400, Internet Payment Receipt Number AKSDC-4271143.), filed by Virgin Mobile USA, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jones, Russell)
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