Digital Ally, Inc. v. Culp McAuley, Inc. et al
| Digital Ally, Inc. |
| Culp McAuley, Inc., Brandon Culp, Campbell McCauley, Mark Depew, Larry M. Roberts and Campbell McAuley |
| 2:2022cv02203 |
| May 31, 2022 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Holly L Teeter |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 109
CERTIFICATE OF SERVICE of Defendant Campbell McAuley's Objections and Responses to Digital Ally's First Set of Requests for Production of Documents by Campbell McAuley. (Singer, Catherine)
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Filing 108
RETURN Mail received re #103 Order on Motion for Protective Order, addressed to Culp McAuley, Inc. Not Re-mailed. (ca)
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Filing 107
ORDER regarding mediation. Having reviewed the parties' confidential settlement reports, the court finds that court-ordered ADR would not be a productive use of the parties' time at this procedural juncture. Accordingly, the court vacates the August 11, 2023 mediation deadline set forth in the scheduling order. (ECF 101, at 3.) Signed by Magistrate Judge Angel D. Mitchell on 5/25/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 106
CERTIFICATE OF SERVICE of (1) Plaintiff's First Set of Requests for the Production of Documents to Defendant Mark Depew and (2) Plaintiff's First Set of Requests for the Production of Documents to Defendant Larry M. Roberts by Digital Ally, Inc.. (Kulick, Leslie)
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Filing 105
CERTIFICATE OF SERVICE of Plaintiff's First Set of Requests for the Production of Documents to Campbell McAuley by Digital Ally, Inc.. (Kulick, Leslie)
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Filing 104
RETURN Mail received re #101 Scheduling Order addressed to Culp McAuley, Inc. Not remailed. (kas)
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Filing 103
ORDER denying without prejudice 102 Joint Motion Requesting the Entry of a Protective Order. Signed by Magistrate Judge Angel D. Mitchell on 4/27/2023. Mailed to pro se party Culp McAuley, Inc. by regular mail. (Attachments: #1 Exhibit A) (kas)
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NOTICE Re: Pro Se Mailing. Document #101 Scheduling Order, mailed to Culp McAuley, Inc. on 4/27/2023 by regular mail. (kas)
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Filing 102
Joint Motion Requesting the Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on April 25, 2023. (referred to Magistrate Judge Angel D. Mitchell) (ht)
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Filing 101
SCHEDULING ORDER: estimated trial time 5 days. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 5/22/2023. Mediation deadline 8/11/2023. Discovery deadline 10/25/2023. Proposed Pretrial Order due by 11/27/2023. Final Pretrial Conference set for 12/5/2023 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 1/5/2024. Signed by Magistrate Judge Angel D. Mitchell on 4/11/2023. (ht)
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Filing 100
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 4/11/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 99
REPLY TO RESPONSE TO MOTION by Defendant Mark Depew re: #83 Motion to Dismiss For Lack of Personal Jurisdiction and Failure to State a Claim (Luppino, Daniel)
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Filing 98
CERTIFICATE OF SERVICE of Plaintiff's First Amended Initial Disclosures by Digital Ally, Inc.. (Kulick, Leslie)
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Filing 97
CERTIFICATE OF SERVICE of Campbell McAuley Initial Disclosure by Campbell McAuley. (Singer, Catherine)
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Filing 96
NOTICE OF SERVICE by Larry M. Roberts of Initial Disclosures (Pickering, Christopher)
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Filing 95
CERTIFICATE OF SERVICE of Defendant Mark Depew's Rule 26 Initial Disclosure by Mark Depew. (Luppino, Daniel)
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Filing 94
ORDER denying as moot #90 Motion to Appear Pro Hac Vice of Christopher Shields. The court ruled on Plaintiff's duplicate #92 MOTION for attorney Christopher K. Shields to appear pro hac vice. Signed by Magistrate Judge Angel D. Mitchell on 3/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 93
ORDER granting #92 Motion to Appear Pro Hac Vice of Christopher K. Shields for Digital Ally, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 3/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 92
MOTION for attorney Christopher K. Shields to appear pro hac vice by Plaintiff/Counter Defendant Digital Ally, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Declaration of Christopher K. Shields) (Kulick, Leslie)
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Filing 91
ORDER. The Court notes that the certain briefs recently filed exceed the page limits in D. Kan. R. 7.1 including the reply (Doc. 89) that was also filed one day out of time without seeking leave. Nevertheless, to keep this case moving, the Court will accept the filings. The Court cautions the parties that it will strictly enforce page limits and other local rules going forward. The parties should review them. The Court may strike non-compliant filings without further notice. Signed by District Judge Holly L. Teeter on 3/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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Filing 90
MOTION for attorney Christopher K. Shields to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6023830.) by Plaintiff/Counter Defendant Digital Ally, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Declaration of Christopher K. Shields)(Kulick, Leslie)
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Filing 89
REPLY TO RESPONSE TO MOTION by Defendant Larry M. Roberts re: #79 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim (Pickering, Christopher)
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Filing 88
RESPONSE by Plaintiff Digital Ally, Inc. re #83 Motion to Dismiss filed by Defendant Mark Depew (Attachments: #1 Exhibit A)(Kulick, Leslie)
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Filing 87
RETURN MAIL received re #84 Initial Order Regarding Planning and Scheduling addressed to Culp McAuley, Inc (not re-mailed). (mam)
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Filing 86
RESPONSE by Plaintiff Digital Ally, Inc. re #80 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit - Redacted)(Kulick, Leslie)
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Filing 85
RETURN Mail received re #78 Clerks Entry of Default addressed to Culp McAuley, Inc. Not Remailed. (ca)
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Filing 84
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 4/11/2023 at 01:30 PM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 3/21/2023. Rule 26 Initial Disclosures Deadline set for 3/31/2023. Proposed Scheduling Order Deadline 3/31/2023. Signed by Magistrate Judge Angel D. Mitchell on 3/2/2023. Mailed to pro se party Culp McAuley by regular mail. (ht)
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Filing 83
MOTION to Dismiss For Lack of Personal Jurisdiction and Failure to State a Claim by Defendant Mark Depew (Luppino, Daniel)
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Filing 82
RETURN Mail received re #73 Clerks Order Extending Time to Answer, #74 Clerks Order Extending Time to Answer, and #77 Clerks Order Extending Time to Answer addressed to Culp McAuley, Inc. Not remailed. (kas)
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Filing 81
Campbell McAuley's ANSWER to #65 Amended Complaint, by Campbell McAuley.(Singer, Catherine)
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Filing 80
Amended MOTION to Dismiss for Lack of Jurisdiction , Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 3/14/2023) by Defendants Larry M. Roberts, Larry M. Roberts (Pickering, Christopher)
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Filing 79
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 3/14/2023) by Defendants Larry M. Roberts, Larry M. Roberts (Pickering, Christopher)
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Filing 78
CLERKS ENTRY OF DEFAULT as to Culp McAuley, Inc. Signed by deputy clerk on 2/21/2023. Mailed to pro se party Culp McAuley, Inc. by regular and certified mail (tracking Number # 7020 0640 0001 1580 0507). (mam)
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NOTICE Re: Pro Se Mailing. Documents #73 , #74 , and #77 mailed to pro se Defendant Culp McAuley, Inc. at 1810 Pioneer Ave., Cheyenne, WY 82001 on 2/10/2023 by regular mail. (jk)
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Filing 77
CLERKS ORDER EXTENDING TIME until 3/01/2023 for Defendant Mark Depew to answer or otherwise plead. Signed by deputy clerk on 2/09/2023. (jk)
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Filing 76
ENTRY OF APPEARANCE by Ashlyn Buck Lewis on behalf of Mark Depew (Lewis, Ashlyn)
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Filing 75
ENTRY OF APPEARANCE by Daniel R. Luppino on behalf of Mark Depew (Luppino, Daniel)
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DOCKET ANNOTATION: Defendant Brandon Culp is a registered pro se participant with e-filing & ECF notifications. (gw)
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Filing 74
CLERKS ORDER EXTENDING TIME until 2/21/2023 for Defendant Campbell McAuley to answer or otherwise plead. Signed by deputy clerk on 2/06/2023. (jk)
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Filing 73
CLERKS ORDER EXTENDING TIME until 2/21/2023 for Defendant Larry M. Roberts to answer or otherwise plead. Signed by deputy clerk on 2/6/2023. (jsh)
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Filing 72
ENTRY OF APPEARANCE by Catherine D. Singer on behalf of Campbell McAuley. (Singer, Catherine)
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Filing 71
ENTRY OF APPEARANCE by Carrie Savage on behalf of Campbell McAuley (Savage, Carrie)
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Filing 70
RETURN MAIL received re #63 Order Directing Entry of Default addressed to Culp McAuley, Inc., not re-mailed. (mam)
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Filing 69
ORDER granting 68 Motion to Vacate Scheduling Order (ECF #37 ). In light of the December 27, 2022 filing of plaintiff's Second Amended Complaint adding claims and defendants to this action (ECF 65), the September 15, 2002 Scheduling Order no longer accurately reflects the progression of this case. After plaintiff effectuates service of process on the added defendants, the court will set new deadlines for initial disclosures and submission of a jointly proposed scheduling order, and will schedule a new Rule 16 scheduling conference. Signed by Magistrate Judge Angel D. Mitchell on 1/10/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (amh)
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Filing 68
MOTION to Vacate Scheduling Order (ECF #37 ). By way of email sent to the court, plaintiff has proposed that the court cancel or suspend the Scheduling Order in light of the December 27, 2022 filing of plaintiff's Second Amended Complaint adding claims and defendants to this action (ECF 65), with the deadlines to be reset once Digital Ally effectuates service of process on the new defendants. (amh)
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Filing 67
RETURN Mail received re #63 Order addressed to Culp McAuley, Inc. Not remailed. (kas)
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SUMMONS ISSUED re #65 SECOND AMENDED COMPLAINT as to Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh)
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Filing 66
RETURN Mail received re #61 Order to Show Cause, addressed to Culp McAuley. Not remailed. (kas)
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Filing 65
SECOND AMENDED COMPLAINT against Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts, filed by Digital Ally, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Kulick, Leslie)
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Filing 64
ORDER granting #62 Plaintiff's Motion for Leave to File a Second Amended Complaint. The motion is granted, both because it is unopposed (the only current defendant is in default) and because allowing liberal leave to amend under Fed. R. Civ. P. 15(a) is in the interest of justice and judicial economy. Plaintiff is directed to file its amended complaint as a separate docket entry by December 27, 2022, and to promptly proceed with service of process on the re-added defendants. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 63
ORDER DIRECTING ENTRY OF DEFAULT. The court ordered Culp McAuley to show cause in writing by 12/21/2022, why the court should not direct the clerk to enter default against it. Culp McAuley again has failed to respond to the court's order. Because the deadline for showing cause has passed without action and because Culp McAuley still has not retained substitute counsel, the court now directs the clerk to enter default against it under FED. R. CIV. P. 55(a). The Amended Motion to Withdraw as counsel for Culp McAuley (ECF #51 ) is granted. Frederick H. Riesmeyer, II and Julie E. Parisi shall no longer be deemed to represent Culp McAuley in this case. Signed by Magistrate Judge Angel D. Mitchell on 12/22/2022. Mailed to Culp McAuley, Inc. by regular and certified mail (tracking # 7020 0640 0001 1580 0453). (mam)
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Filing 62
MOTION for Leave to Amend Complaint re #59 First Amended Complaint by Plaintiff Digital Ally, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit A to Second Amended Complaint, #3 Exhibit B to Second Amended Complaint, #4 Exhibit C to Second Amended Complaint, #5 Exhibit D to Second Amended Complaint, #6 Exhibit E to Second Amended Complaint, #7 Exhibit F to Second Amended Complaint, #8 Exhibit G to Second Amended Complaint, #9 Exhibit H to Second Amended Complaint, #10 Exhibit I to Second Amended Complaint, #11 Exhibit J to Second Amended Complaint, #12 Exhibit K to Second Amended Complaint, #13 Exhibit B - Redline, #14 Memorandum of Law)(Kulick, Leslie)
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Filing 61
ORDER TO SHOW CAUSE why the court should not direct the clerk to enter default against it. Show Cause Response due by 12/21/2022. See order for details. Signed by Magistrate Judge Angel D. Mitchell on 12/5/22. Mailed to pro se party Culp McAuley by certified mail; Certified Tracking Number: 7020 3160 0000 9283 4687(msb)
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Filing 60
ORDER vacating mediation deadline. Having reviewed the parties' confidential settlement reports, the court does not believe that this case is well-situated for court-ordered mediation in the near term given the current posture of this case. The court therefore vacates the court-ordered mediation deadline of January 11, 2023. (ECF 37 para 1, at 3.) Signed by Magistrate Judge Angel D. Mitchell on 11/29/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 59
FIRST AMENDED COMPLAINT against Culp McAuley, Inc., filed by Digital Ally, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Kulick, Leslie)
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Filing 58
ORDER granting #55 Plaintiff's Motion for Leave to Amend Its Complaint. The motion was filed before the deadline set in the Scheduling Order (ECF 37, at 2), and defendant has not filed a timely response. Accordingly the court grants the motion as uncontested under D. Kan. Rule 7.4(b). Plaintiff is directed to file its amended complaint as a separate docket entry within two days. Signed by Magistrate Judge Angel D. Mitchell on 11/28/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 57
CERTIFICATE OF SERVICE of Defendant's Supplemental Responses and Objections to Plaintiff's First Set of Requests for the Production of Documents; Defendant's Supplemental Responses and Objections to Plaintiff's Second Set of Requests for the Production of Documents; and Defendant's Documents (CM002515 - CM003912) by Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 56
MEMORANDUM IN SUPPORT of #55 Motion for Leave to Amend Complaint re #1 Complaint by Plaintiff Digital Ally, Inc. (Attachments: #1 Exhibit A - Declaration of Michael T. Dyson)(Kulick, Leslie)
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Filing 55
MOTION for Leave to Amend Complaint re #1 Complaint by Plaintiff Digital Ally, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit A to Proposed Amended Complaint, #3 Exhibit B to Proposed Amended Complaint, #4 Exhibit C to Proposed Amended Complaint, #5 Exhibit D to Proposed Amended Complaint, #6 Exhibit E to Proposed Amended Complaint, #7 Exhibit F to Proposed Amended Complaint, #8 Exhibit G to Proposed Amended Complaint, #9 Exhibit H to Proposed Amended Complaint, #10 Exhibit I to Proposed Amended Complaint, #11 Exhibit J to Proposed Amended Complaint, #12 Exhibit B - Comparison Between Verified Complaint and Proposed Amended Complaint)(Kulick, Leslie)
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Filing 54
ORDER re #51 Amended Motion to Withdraw as Attorney. Movants' Amended Motion to Withdraw (ECF #51 ) will be granted upon the entry of substitute counsel for Culp McAuley. SEE ORDER FOR FULL DETAILS. Signed by Magistrate Judge Angel D. Mitchell on 11/4/2022. (ca)
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Filing 53
CERTIFICATE OF SERVICE by Culp McAuley, Inc. re #51 Amended Motion to Withdraw as Attorney, #52 Memorandum in Support of Motion. (Riesmeyer, Frederick)
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Filing 52
MEMORANDUM IN SUPPORT of #51 Amended Motion to Withdraw as Attorney by Defendant Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 51
AMENDED MOTION to Withdraw as Attorney by Defendant Culp McAuley, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Riesmeyer, Frederick)
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Filing 50
ORDER denying #48 Motion to Withdraw as Attorney. Signed by Magistrate Judge Angel D. Mitchell on 11/2/2022. (ca)
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Filing 49
MEMORANDUM IN SUPPORT of #48 Motion to Withdraw as Attorney by Defendant Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 48
MOTION to Withdraw as Attorney by Defendant Culp McAuley, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Riesmeyer, Frederick)
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Filing 47
ORDER Following Discovery Hearing. Signed by Magistrate Judge Angel D. Mitchell on 10/26/2022. (mam)
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Filing 46
NOTICE of RESCHEDULED Hearing (CHANGE IN TIME): THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Hearing set for 10/26/2022 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 45
CERTIFICATE OF SERVICE of Documents in Response to Plaintiff's First Requests for Production of Documents and Plaintiff's Second Requests for Production of Documents (CM000218 - CM002514) by Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 44
ORDER granting 43 Motion for Discovery Hearing. The Discovery Hearing is set for 10/26/2022 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Signed by Magistrate Judge Angel D. Mitchell on 10/20/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 43
MOTION for Discovery Hearing. Via an email to the court on October 20, 2022, the parties moved the court to schedule a Discovery Hearing. (referred to Magistrate Judge Angel D. Mitchell) (ht)
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Filing 42
AMENDED CERTIFICATE OF SERVICE of Initial Disclosure Documents by Culp McAuley, Inc. (Riesmeyer, Frederick) Modified on 10/5/2022 to update document title. (jal)
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Filing 41
CERTIFICATE OF SERVICE of Initial Disclosure Documents by Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 40
CERTIFICATE OF SERVICE of Documents Described in Plaintiff's 26(a)(1)(A) Initial Disclosures by Digital Ally, Inc. (Kulick, Leslie)
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Filing 39
AGREED ESI PROTOCOL. The court finds good cause to enter the protocol submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 9/26/2022. (amh)
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Filing 38
CERTIFICATE OF SERVICE of Culp McAuley's Responses and Objections to Plaintiff Digital Ally's First Requests for Production and Culp McAuley's Responses and Objections to Plaintiff Digital Ally's Second Requests for Production by Culp McAuley, Inc. (Parisi, Julie)
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Filing 37
SCHEDULING ORDER: estimated trial time 5 days. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 11/1/2022. Mediation deadline 1/11/2023. Discovery deadline 1/27/2023. Proposed Pretrial Order due by 2/14/2023. Final Pretrial Conference set for 2/24/2023 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Dispositive motion deadline 3/24/2023. Signed by Magistrate Judge Angel D. Mitchell on 9/15/2022. (ht)
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Filing 36
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 9/15/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 35
CERTIFICATE OF SERVICE of Defendant's Rule 26 Initial Disclosures by Culp McAuley, Inc. (Riesmeyer, Frederick)
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Filing 34
CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Digital Ally, Inc. (Kulick, Leslie)
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Filing 33
CERTIFICATE OF SERVICE of Plaintiff's Second Set of Requests for The Production of Documents to Defendants - by Digital Ally, Inc. (Kulick, Leslie)
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Filing 32
CERTIFICATE OF SERVICE of Digital Ally, Inc.'s First Set of Requests for the Production of Documents to Defendant - by Digital Ally, Inc. (Kulick, Leslie)
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Filing 31
REPLY / ANSWER to #27 Counterclaims by Digital Ally, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kulick, Leslie)
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Filing 30
TRANSCRIPT (REDACTED) OF MOTION FOR PRELIMINARY INJUNCTION Hearing (132 pgs) held 06/29/2022 before Judge Holly L. Teeter, Court Reporter Kelli Stewart, 913-735-2334, kelli_stewart@ksd.uscourts.gov. Transcript purchased by: Mr. Michael Dyson. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 10/27/2022. (ks)
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Filing 29
SEALED TRANSCRIPT OF MOTION FOR PRELIMINARY INJUNCTION, hearing held 06/29/2022 before Judge Holly L. Teeter, Court Reporter: Kelli Stewart. (ks)
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Filing 28
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 9/15/2022 at 11:00 AM by Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 8/25/2022. Rule 26 Initial Disclosures Deadline set for 9/5/2022. Proposed Scheduling Order Deadline 9/5/2022. Signed by Magistrate Judge Angel D. Mitchell on 7/26/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 27
ANSWER to Complaint and, COUNTERCLAIM against Digital Ally, Inc. by Culp McAuley, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Riesmeyer, Frederick) Modified title on 7/19/2022 (ca).
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Filing 26
NOTICE OF VOLUNTARY DISMISSAL by Digital Ally, Inc. as to defendants Brandon Culp, Campbell McAuley, Mark Depew, and Larry M. Roberts, without prejudice (Kulick, Leslie)
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Filing 25
ORDER granting #24 Defendants' Unopposed Motion for Extension of Time to Answer Plaintiff's Verified Complaint or Otherwise Plead. Defendants Culp McAuley, Inc. and Mark Depew shall have until July 18, 2022 to file their answers or otherwise respond to plaintiff's complaint. Signed by Magistrate Judge Angel D. Mitchell on 7/6/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 24
Unopposed MOTION for Extension of Time to File Answer of Plaintiff's Verified Complaint or Otherwise Plead by Defendants Culp McAuley, Inc., Mark Depew (referred to Magistrate Judge Angel D. Mitchell) (Parisi, Julie)
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Filing 23
MEMORANDUM AND ORDER denying #4 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by District Judge Holly L. Teeter on 7/1/2022. (md)
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Filing 22
CORPORATE DISCLOSURE STATEMENT by Culp McAuley, Inc. identifying None as corporate parent . (Parisi, Julie)
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Filing 21
MINUTE ENTRY for proceedings held before District Judge Holly L. Teeter: MOTION HEARING held on 6/29/2022. The Court takes under advisement Plaintiff's #4 Motion for Preliminary Injunction. (Court Reporter Kelli Stewart.) (Attachments: #1 Witness Sheet, #2 Exhibit List) (md)
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Filing 20
REPLY TO RESPONSE TO MOTION by Plaintiff Digital Ally, Inc. re: #4 Motion for TRO, Motion for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kulick, Leslie)
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Filing 19
ORDER vacating 17 Order to Unseal. Defense counsel has contacted the undersigned judge's chambers and explained that she misread the deadline set in the June 21, 2022 Order (ECF 16) for defendants to either file a renewed motion or to publicly file their exhibits. The court sua sponte extends the deadline to noon today. Signed by Magistrate Judge Angel D. Mitchell on 6/23/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(amh)
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Filing 18
EXHIBITS A-O IN SUPPORT of #15 Response to Motion by Defendants Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts. (Attachments: #1 Exhibit A REDACTED, #2 Exhibit A, #3 Exhibit B REDACTED, #4 Exhibit B, #5 Exhibit C REDACTED, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit N, #17 Exhibit O REDACTED, #18 Exhibit O, #19 Exhibit M)(Riesmeyer, Frederick) Modified on 6/24/2022, originally linked to #4 , now linked to #15 . (mam)
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Filing 17
(VACATED per 19) -- ORDER TO UNSEAL: On June 21, 2022, the court entered an Order (ECF 16) denying without prejudice Defendants' Motion for Leave to File Under Seal Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (ECF 14). The Order set a deadline of June 23 at 9:00 a.m. for defendants to either file a renewed motion or to publicly file their exhibits. The deadline has passed, and defendants have done neither. Accordingly, the clerk is directed to unseal the Motion and attached exhibits (ECF 14 and ECF 14-1 through 14-15). Signed by Magistrate Judge Angel D. Mitchell on 6/23/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(amh) Modified on 6/23/2022, documents were not unsealed, order vacated. (mam)
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Filing 16
ORDER denying without prejudice #14 Motion for Leave to File Under Seal. Signed by Magistrate Judge Angel D. Mitchell on 6/21/2022. (amh)
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Filing 15
RESPONSE by Defendants Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts re #4 Motion for TRO, Motion for Preliminary Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Riesmeyer, Frederick)
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Filing 14
SEALED MOTION for Leave to File Under Seal Exhibits in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by Defendants Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Riesmeyer, Frederick)
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ALIAS SUMMONS ISSUED as to Brandon Culp. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (lb)
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Filing 13
ORDER re #4 Motion for Preliminary Injunction. On June 8, 2022, the Court held a status conference to discuss the schedule and procedural framework for Plaintiff's Motion for Preliminary Injunction (see minute entry for details). The Court asked counsel to meet and confer on a proposed briefing schedule. Via email, counsel submitted their proposed schedule. This schedule is appropriate to the Court so long as briefs are filed by 12:00 p.m. on the due date. Therefore, the Court sets the following briefing schedule: Defendants' response is due by 12:00 p.m. on June 21, 2022. Plaintiff's reply is due by 12:00 p.m. on June 24, 2022. The preliminary injunction hearing remains as set on June 29, 2022 at 9:00 a.m. in KC Courtroom 463 before District Judge Holly L. Teeter. Signed by District Judge Holly L. Teeter on 6/9/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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Filing 12
MINUTE ENTRY for proceedings held before District Judge Holly L. Teeter: STATUS CONFERENCE held on 6/8/2022. Preliminary Injunction Hearing is set for 6/29/2022 at 09:00 AM in KC Courtroom 463 (HLT) before District Judge Holly L. Teeter. (Court Reporter Kelli Stewart.) (md)
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Filing 11
ENTRY OF APPEARANCE by Julie E. Parisi on behalf of All Defendants. (Parisi, Julie)
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Filing 10
ENTRY OF APPEARANCE by Frederick H. Riesmeyer, II on behalf of All Defendants. (Riesmeyer, Frederick)
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Filing 9
NOTICE of Telephonic Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Status Conference is set for 6/8/2022 at 02:00 PM via CONFERENCE LINE 1-877-411-9748 ACCESS CODE 6895973 before District Judge Holly L. Teeter. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #4 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction . The motion will be resolved by the District Judge.(ht)
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Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice of David E. Danovitch,Michael T. Dyson, and Luke M. Breckenridge for Digital Ally, Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/2/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 7
MOTION for attorney David E Danovitch, Michael T. Dyson and Luke Breckenridge to appear pro hac vice ( Pro hac vice fee $150, Internet Payment Receipt Number AKSDC-5792509.) by Plaintiff Digital Ally, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Declaration of David Danovitch, #2 Declaration of Michael Dyson, #3 Declaration of Luke Breckenridge)(Kulick, Leslie)
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Filing 6
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Digital Ally, Inc. - trial to be held in Kansas City. (Kulick, Leslie)
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NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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SUMMONS ISSUED as to Brandon Culp, Culp McAuley, Inc., Mark Depew, Campbell McAuley, Larry M. Roberts. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (lb)
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Filing 5
MEMORANDUM IN SUPPORT of #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Plaintiff Digital Ally, Inc. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Affidavit of Stanton E. Ross, #3 Exhibit C - Affidavit of Douglas C. Fletcher)(Kulick, Leslie)
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Filing 4
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Response deadline 6/14/2022) by Plaintiff Digital Ally, Inc. (Attachments: #1 Information Sheet for Temporary Restraining Order)(Kulick, Leslie)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by Digital Ally, Inc. identifying None as corporate parent . (Kulick, Leslie)
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Filing 2
CIVIL COVER SHEET by Plaintiff Digital Ally, Inc.. (Kulick, Leslie)
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Filing 1
COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5791385.), filed by Digital Ally, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kulick, Leslie)
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