Online Merchants Guild v. Cameron
| Online Merchants Guild |
| Daniel Cameron |
| 3:2020cv00029 |
| May 1, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Constitutional - State Statute |
| 28:2201 |
| None |
Docket Report
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This docket was last retrieved on January 15, 2021. A more recent docket listing may be available from PACER.
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| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Oral Motion. The deleted document was entered on 1/15/2021. Document deleted was incorrectly docketed in this case. *CBD* cc: COR (JJ) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #1 Complaint, #43 Answer to Complaint (SCD) |
| Filing 43 ANSWER to Complaint by Daniel Cameron.(Clark, Justin) |
| Filing 42 Mail Returned as Undeliverable ("Return to Sender. Attempted - Not Known. Unable to Forward"). Mail sent to Aaron K. Block re #29 Order at address contained in #28 Notice of Change of Address. (SCD) |
| Filing 41 USCA Case Number 20-5723 and Case Manager Jill E. Colyer for #38 Notice of Appeal filed by Daniel Cameron. (SCD) |
| Filing 40 TRANSCRIPT of Proceedings: TELEPHONIC MOTION HEARING for dates of 05/21/2020 before Judge Gregory F. Van Tatenhove, re #38 Notice of Appeal. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: VICTOR B. MADDOX. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/23/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 10/1/2020. |
| Filing 39 TRANSCRIPT of Proceedings: TELEPHONIC MOTION HEARING for dates of 05/14/2020 before Judge Gregory F. Van Tatenhove, re #38 Notice of Appeal. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: VICTOR B. MADDOX. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/23/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 10/1/2020. |
| Filing 38 NOTICE OF APPEAL as to #36 Order on Motion for Preliminary Injunction,, Order on Motion for Leave, by Daniel Cameron. Filing fee $ 505, receipt number 0643-4707813. (Clark, Justin) |
| Clerk's Note re #37 Transcript Request: The request was forwarded to the Court Reporter. (SCD) |
| Filing 37 TRANSCRIPT REQUEST by Daniel Cameron for proceedings held on 5/14/2020; 5/21/2020 before Judge Van Tatenhove, (Maddox, Victor) |
| NOTICE OF MANDATORY ECF DIRECTED TO Paul S. Rafelson: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #36 Memorandum Opinion and Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Paul S. Rafelson by US Mail with ECF Registration Form (SCD) |
Filing 36
MEMORANDUM OPINION & ORDER: 1) #21 Motion for Leave to Exceed Page Limit is GRANTED. 2) #35 Request for Judicial Notice is GRANTED. 3) #10 Motion for Preliminary Injunction is GRANTED. 4) Atty General and staff are enjoined from applying KRS 367.170 and KRS 367.374 including by subpoena, investigation or prosecution to Amazon suppliers in connection with offers or sales on Amazon. Signed by Judge Gregory F. Van Tatenhove on 6/23/2020. (SCD)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #35 Notice of Supplemental Authority and Request for Judicial Notice (SCD) |
| Filing 35 NOTICE of Supplemental Authority and Request for Judicial Notice by Online Merchants Guild (Attachments: #1 Exhibit Bloomberg news article, #2 Exhibit Ltr. from Attorneys General to Jeff Bezos)(Gilbert, Mark) Modified on 6/15/2020 (SCD). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #33 RESPONSE BRIEF, #34 REPLY BRIEF. (SCD) |
| Filing 34 REPLY BRIEF to #29 Order directing supplemental briefing filed by Online Merchants Guild. (Attachments: #1 Exhibit 1. Petition by Jones and Panda, #2 Exhibit 2. AGs Resp. to Pet. and Mot. to Enforce, #3 Exhibit 3. Jones & Pandas First Am. Pet, #4 Exhibit 4. Fayette Circuit Court Order, #5 Exhibit 5 AGs Mot. for In Camera Review, #6 Exhibit 6. AGs Resp. to First Am. Pet)(Deatherage, William) |
| Filing 33 RESPONSE BRIEF to #29 Supplemental Briefing filed by Daniel Cameron. (Attachments: #1 Exhibit A - Jones & Panda's Response to Motion to Enforce, #2 Exhibit B - Jones & Panda's Motion for Leave to File First Amended Petition, #3 Exhibit C - Order on Jones & Panda's Motion for Leave to File First Amended Petition and Attorney General's Motion to Enforce, #4 Exhibit D - Attorney General's Response to First Amended Petition, #5 Exhibit E - Attorney General's Motion for In Camera Review)(Cocanougher, Matthew) |
| Filing 32 NOTICE of Change of Address as to Attorney Paul S. Rafelson by William G. Deatherage, Jr (Deatherage, William) Modified on 6/9/2020 (SCD). |
| Filing 31 Mail Returned as Undeliverable. Mail sent to Paul S. Rafelson re #24 Minute Entry. (SCD) |
| Filing 30 Mail Returned as Undeliverable. Mail sent to Aaron Block re #24 Motion Hearing Minute, #17 Order on Motion to Appear Pro Hac Vice, #15 Order on Motion for TRO. (CBD) |
| Clerk's Note: "File Submit" entered this date was deleted as entered in error. (CBD) |
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Filing 29
ORDER: It is ordered that the parties are DIRECTED to file supplemental simultaneous briefs by the COB on 6/9/2020 consistent with the above directives (see order). Signed by Judge Gregory F. Van Tatenhove on 6/3/2020.(SCD)cc: COR
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| Filing 28 NOTICE of Change of Address for Attorney Aaron K. Block by William G. Deatherage, Jr (Deatherage, William) Modified on 6/4/2020 (SCD). |
| Filing 27 Mail Returned as Undeliverable. Mail sent to Aaron K. Block re #18 Order (SCD) |
| Clerk's Note re #25 Mail Returned and #26 Mail Returned: Clerk mailed Orders #17 and #18 to counsel at address listed on #1 Complaint, 2255 Glades Road, Suite 319, Boca Raton, FL 33431 (SCD) |
| Filing 26 Mail Returned as Undeliverable. Mail sent to Paul S. Rafelson re #18 Order (SCD) |
| Filing 25 Mail Returned as Undeliverable. Mail sent to Paul S. Rafelson re #17 Order. (SCD) |
| Clerk's Note re #19 Mail Returned, #23 Mail Returned: Clerk contacted counsel re lack of address listed on all pleadings filed. Counsel orally advised his address is The Block Firm, LLC, 4200 Northside Parkway NW, Building 1, Atlanta GA 303027. Clerk advised a written notice of address should be filed of record to update counsel's EDKY profile, counsel confirmed same would be filed. Clerk mailed Order #5 and #10 to counsel at address orally given this date. (CBD) |
| Filing 23 Mail Returned as Undeliverable. Mail sent to Aaron Block re #15 Order on Motion for TRO. (CBD) |
| Motions Taken Under Advisement: #10 MOTION for Preliminary Injunction by Online Merchants Guild (SCD) |
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Filing 24
MINUTE ENTRY ORDER FOR TELEPHONIC MOTION HEARING held on 5/21/2020, before Judge Gregory F. Van Tatenhove: Court having heard argument from counsel takes the #10 MOTION for Preliminary Injunction under advisement. Separate order shall issue. Signed by Judge Gregory F. Van Tatenhove.(Court Reporter Sandy Wilder.) (SCD)cc: COR
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| Filing 22 REPLY BRIEF to #10 Motion for Preliminary Injunction filed by Online Merchants Guild. (Attachments: #1 Exhibit 1. Petition by Jones & Panda, LLC, #2 Exhibit 2. Jones Declaration, #3 Exhibit 3. Ltr. from Cocanougher to Jones & Panda, #4 Exhibit 4. Subpoena and CID, #5 Exhibit 5. AGs Resp. to Pet. and Emergency Motion, #6 Exhibit 6. Written Testimony of Meredith Funston)(Deatherage, William) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #21 MOTION for Leave to Exceed Page Limits in Response by Daniel Cameron (SCD) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #20 Notice of request for guidance on hearing procedure (SCD) |
| Filing 21 MOTION for Leave to Exceed Page Limits in Response by Daniel Cameron (Attachments: #1 Exhibit Response to Plaintiff's Motion for Preliminary Injunction, #2 Exhibit Declaration in Support of Response to Plaintiff's Motion for Preliminary Injunction, #3 Proposed Order on Motion to Exceed Page Limits)(Cocanougher, Matthew) Modified on 5/20/2020 (SCD). |
| Filing 20 NOTICE of request for guidance on hearing procedure by Online Merchants Guild re #18 Order. (Deatherage, William) Modified on 5/20/2020 (SCD). |
| Filing 19 Mail Returned as Undeliverable. Mail sent to Aaron K. Block re #5 Notice to Attorney (JJ) |
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Filing 18
ORDER: 1. Motion for Temporary Restraining Order #10 is DENIED; 2. Defendant is DIRECTED to file a response to Plaintiffs Motion for Preliminary Injunction by the close of business 5/19/2020; 3. Plaintiff is DIRECTED to file a reply to Defendants response by the close of business on 5/20/2020; 4. beTELEPHONIC MOTION HEARING re preliminary injunction shall be held 5/21/2020 at 1:30 PM with Judge Gregory F. Van Tatenhove sitting in FRANKFORT, Ky. 5. 5. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing (see Order) 6. If both parties agree and request an in- court hearing in lieu of a telephonic hearing, the Court will enter an Order to this effect. Parties have until the end of business on Wednesday, 5/20/2020 to alert the Court to any such request. Signed by Judge Gregory F. VanTatenhove on 5/15/2020.(CBD)cc: COR, D
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Filing 17
ORDER: 1. Motion for Admission Pro Hac Vice #14 is GRANTED; and 2. Paul Rafelson is ADMITTED pro hac vice as counsel for Plaintiff. Signed by Judge Gregory F. VanTatenhove on 5/15/2020. (CBD)cc: COR and Paul S. Rafelson w/ ECF Reg. Form by US Mail
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Filing 16
ORDER: 1. Motion for Admission Pro Hac Vice #13 is GRANTED; and 2. Aaron K. Block is ADMITTED pro hac vice as counsel for Plaintiff. Signed by Judge Gregory F. VanTatenhove on 5/15/2020. (CBD)cc: COR and Aaron K. Block w/ ECF Reg. Form by US Mail
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Filing 15
MINUTE ENTRY ORDER FOR TELEPHONIC MOTION HEARING held on 5/14/2020, before Judge Gregory F. Van Tatenhove: 1) Dft shall file a response to the Motion for Preliminary Injunction #10 by COB on 5/19/2020. 2) Pla shall file a reply to the Motion for Preliminary Injunction #10 by COB on 5/20/2020. 3) Court will set a subsequent hearing on the Motion for Preliminary Injunction #10 by separate order. 4) Court DENIED the Motion for Temporary Restraining Order #10 for reasons to be set forth in a separate order. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (SCD)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #14 MOTION for Paul S. Rafelson to Appear Pro Hac Vice, and, #13 MOTION for Aaron K. Block to Appear Pro Hac Vice by Online Merchants Guild (SCD) |
| BAR STATUS Check completed as to Paul S. Rafelson re #14 MOTION for Paul S. Rafelson to Appear Pro Hac Vice by Online Merchants Guild. (SCD) |
| BAR STATUS Check completed as to Aaron K. Block re #13 MOTION for Aaron K. Block to Appear Pro Hac Vice by Online Merchants Guild. (SCD) |
| Filing 14 MOTION for Paul S. Rafelson to Appear Pro Hac Vice by Online Merchants Guild ( Filing fee $125; receipt number 0643-4668027) (Attachments: #1 Exhibit certificate of good standing, #2 Proposed Order)(Deatherage, William) |
| Filing 13 MOTION for Aaron K. Block to Appear Pro Hac Vice by Online Merchants Guild ( Filing fee $125; receipt number 0643-4667858) (Attachments: #1 Exhibit certificate of good standing, #2 Proposed Order)(Deatherage, William) |
| Filing 12 NOTICE of Appearance by Matthew Coleman Cocanougher on behalf of Daniel Cameron (Cocanougher, Matthew) |
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Filing 11
ORDER: 1) #10 Motion for Hearing is GRANTED. 2) A telephonic hearing shall be held 5/14/2020 at 3:00 PM with Judge Gregory F. Van Tatenhove sitting in FRANKFORT in open court. 3) To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing (see order). 4) Pla's counsel SHALL NOTICE defense counsel of this Order. Signed by Judge Gregory F. Van Tatenhove on 5/12/2020.(SCD)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Online Merchants Guild (SCD) |
| Filing 10 MOTION for Temporary Restraining Order by Online Merchants Guild , MOTION for Preliminary Injunction by Online Merchants Guild (Attachments: #1 Exhibit Declaration of Paul Rafelson, #2 Proposed Order)(Deatherage, William) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Online Merchants Guild. (Filed pursuant to QC re #8 ) (SCD) |
| Filing 8 NOTICE OF FILING by Online Merchants Guild Rule 7.1 Disclosure (Attachments: #1 Exhibit Rule 7.1 Disclosures)(Deatherage, William) |
| Filing 7 NOTICE TO ATTORNEY Paul S. Rafelson by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 6 NOTICE TO ATTORNEY Mark A. Gilbert by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 5 NOTICE TO ATTORNEY Aaron K. Block by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application. (Attachments: #1 Attorney Admission Check)(SCD) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, William G. Deatherage, Jr.. #1 Complaint has been filed by Online Merchants Guild without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (SCD) |
| Conflict Check run. (SCD) |
| Filing 3 Summons Issued as to Daniel Cameron; Summons issued and returned to counsel electronically. (SCD) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Online Merchants Guild.(Filing fee $400; receipt number 0643-4659728) (Attachments: #1 Civil Cover Sheet, #2 Summons to be issued)(SCD) |
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