Philpot v. LM Communications II of South Carolina, Inc.
Philpot and Larry G. Philpot |
LM Communications II of South Carolina, Inc. |
5:2017cv00173 |
April 7, 2017 |
US District Court for the Eastern District of Kentucky |
Lexington Office |
Fayette |
Edward B Atkins |
Claria Horn Boom |
Joseph M Hood |
P SO |
Copyright |
17 U.S.C. § 101 |
Plaintiff |
Docket Report
This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 129 SATISFACTION OF JUDGMENT re #107 Judgment,, #128 Memorandum Opinion & Order,, Terminate Motions,, Terminated Case, entered In favor of Larry G. Philpot Against LM Communications II of South Carolina, Inc. by Larry G. Philpot. (Cole, Stacy) |
Filing 128 MEMORANDUM OPINION & ORDER: 1. Costs are taxed in favor of Plaintiff against Defendant in the amount of $1889.80; 2. Defendant's #116 MOTION for Order Reaffirming the Court's Order Denying Attorney's Fees is GRANTED; 3. Plaintiff Philpot's #119 Renewed Motion for Attorney Fees and Costs is DENIED; 4. All issues having been resolved, this matter is STRICKEN from the Court's active docket. Signed by Judge Claria Horn Boom on 5/15/2020.(KM)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #119 Renewed Motion for Attorney Fees and Costs by Larry G. Philpot -RENEWED, #116 MOTION for Order Reaffirming the Court's Order Denying Attorney's Fees #106 by LM Communications II of South Carolina, Inc. (KM) |
Filing 127 REPLY to Response to Motion re #119 Renewed Motion for Attorney Fees and Costs by Larry G. Philpot -RENEWED filed by Larry G. Philpot. (Cole, Stacy) |
Filing 126 REPLY Memorandum in Opposition to #116 Motion for Order Reaffirming Denial of Attorney's Fees filed by LM Communications II of South Carolina, Inc. (Allen, William) Modified text on 10/28/2019 (KM). Modified on 11/12/2019 (KM). |
Filing 125 RESPONSE in Opposition re #119 Renewed Motion for Attorney Fees and Costs by Larry G. Philpot -RENEWED filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Proposed Order)(Allen, William) |
***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #119 Renewed Motion for Attorney Fees and Costs by Larry G. Philpot -RENEWED (KM) |
Filing 124 RESPONSE in Opposition re #116 MOTION for Order Reaffirming the Court's Order Denying Attorney's Fees #106 by LM Communications II of South Carolina, Inc. filed by Larry G. Philpot. (Cole, Stacy) |
Filing 123 Memorandum in Opposition to #118 Objections to a Portion of Plaintiff's #115 Bill of Costs filed by Larry G. Philpot. (Cole, Stacy) Modified text on 10/22/2019 (KM). |
Filing 122 CONVENTIONAL FILING received on behalf of Larry G. Philpot. CD are filed per re #120 Notice of Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (MDC) |
***MOTION SUBMITTED TO CHAMBERS of Robert R. Carr, Clerk for review: re #115 BILL OF COSTS by Larry G. Philpot (KM) |
Filing 121 CERTIFICATE OF SERVICE by Larry G. Philpot re #120 Notice of Filing, #119 MOTION for Attorney Fees by Larry G. Philpot -RENEWED (Cole, Stacy) |
Filing 120 NOTICE OF FILING by Larry G. Philpot re #119 MOTION for Attorney Fees by Larry G. Philpot -RENEWED of Conventional Filing of CD-Rom of Sixth Circuit Oral Argument (Cole, Stacy) |
Filing 119 Renewed Motion for Attorney Fees and Costs by Larry G. Philpot. (Attachments: #1 Proposed Order)(Cole, Stacy) Modified referral on 10/9/2019 (KM). |
Filing 118 OBJECTIONS to Portion of Plaintiff's #115 Bill of Costs filed by LM Communications II of South Carolina, Inc.. (Allen, William) Modified text on 10/9/2019 (KM). |
Filing 117 MANDATE of USCA as to #109 Notice of Appeal filed by Larry G. Philpot Appeal REVERSE the judgment of the district court and REMAND for reconsideration consistent with this opinion. (Costs: none) (Attachments: #1 Cover Letter)(KM) |
Filing 116 MOTION for Order Reaffirming the Court's Order Denying Attorney's Fees #106 by LM Communications II of South Carolina, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Allen, William) Modified text on 10/1/2019 (KM). Modified referral on 10/9/2019 (KM). |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #117 USCA Mandate, #114 INFORMATION COPY, (KM) |
Filing 115 BILL OF COSTS by Larry G. Philpot . (Cole, Stacy) |
Filing 114 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #109 Notice of Appeal filed by Larry G. Philpot: REVERSE the judgment of the district court and REMAND for reconsideration consistent with this opinion (Attachments: #1 Cover Letter - mandate to issue)(KM) |
Filing 113 TRANSCRIPT of Proceedings: ECR Telephonic Conference for dates of 07-16-2018 before Judge Claria Horn Boom, re #109 Notice of Appeal. Court Reporter: Peggy W. Weber, Telephone number (859) 421-0814. Transcript ordered by: Stacy Cole, Esq.. 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 1/11/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/21/2019. |
Filing 112 TRANSCRIPT REQUEST by Larry G. Philpot for proceedings held on 8/14/2018 before Judge Boom, (Cole, Stacy) |
Clerk's Note: Clerk provided electronic recording information packet to Peggy Weber re #110 Transcript Request. (KM) |
Filing 111 USCA Case Number 18-6207 Case Manager Karen S. Fultz for #109 Notice of Appeal filed by Larry G. Philpot. (KM) |
Filing 110 TRANSCRIPT REQUEST re Telephonic Pretrial Conference by Larry G. Philpot for proceedings held on 7/16/2018 before Judge Boom.. (Cole, Stacy) |
Filing 109 NOTICE OF APPEAL as to #107 Judgment, #80 Memorandum Opinion & Order, #106 Findings of Fact & Conclusions of Law by Larry G. Philpot. Filing fee $505, receipt number 0643-4215849. (Cole, Stacy) Modified text on 11/16/2018 (KM). |
Filing 108 REPORT on the filing or determination of an action regarding re #107 Judgment, #106 Findings of Fact & Conclusions of Law cc: form mailed to Copyright Register. (KM) |
Filing 107 JUDGMENT: 1. Plaintiff Larry G. Philpot has failed to prove that Defendant LM Communications II of South Carolina, Inc.'s infringement was willful; 2. The Court AWARDS statutory damages in the amount of $3,500 for the infringement in question; 3. The Court DENIES Plaintiff Larry G. Philpot's request for attorney's fees; 4. This matter is stricken from the Court's active docket; 5. This judgment is FINAL and APPEALABLE. Signed by Judge Claria Horn Boom on 10/18/2018.(KM)cc: COR |
Filing 106 FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court FINDS that Defendant LM Communications' infringement of the Nelson photograph was not willful, ORDERS defendant to pay plaintiff Philpot a sum of $3500, and DENIES Plaintiff Philpot's request for attorney's fees & costs. The Court will enter a Final Judgment consistent with theses findings of fact & conclusions of law. Signed by Judge Claria Horn Boom on 10/18/2018.(KM)cc: COR |
Filing 105 Amended Proposed Findings of Fact and Conclusion of Law/Proposed Opinion by Larry G. Philpot. (Cole, Stacy) Modified text on 8/21/2018 (KM). |
Filing 104 Amended Proposed Findings of Fact and Conclusion of Law by LM Communications II of South Carolina, Inc.. (Allen, William) Modified text on 8/21/2018 (KM). |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #105 Amended Proposed Findings of Fact, #104 Amended Proposed Findings of Fact (KM) |
Filing 103 TRANSCRIPT of Proceedings: BENCH TRIAL held on 8/14/2018 before Judge Boom. Court Reporter: Linda Mullen, Telephone number (859) 469-7459. Transcript ordered by: STACY COLE. 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 9/10/2018. Redacted Transcript Deadline set for 9/20/2018. Release of Transcript Restriction set for 11/19/2018. |
Filing 102 MINUTE ENTRY ORDER FOR BENCH TRIAL completed on 8/14/2018 before Judge Claria Horn Boom: The parties appeared for Bench Trial as noted. Defendant's #46 Motion in Limine is DENIED for the reasons stated on the record. Defendant's #85 Motion in Limine is GRANTED in part as to motion in limine no. 9 & DENIED in part as to motion in limine no. 10. Plaintiffs objections to defendants exhibits 5 and 6 are OVERRULED, and plaintiffs objections to defendants exhibits 9 and 13 are SUSTAINED, for the reasons stated on the record. Oral motion to redact names and amounts in any transcript to be made of these proceedings is GRANTED. Oral request to recall the plaintiff to correct the record on a certain issue is denied as moot due to the proffer made by counsel. Introduction of evidence began & concluded for plaintiff and defendant. Any Amended Proposed Findings of Fact and Conclusions of Law shall be submitted by the close of business on 8/21/2018. Case is submitted.(Court Reporter Linda Mullen.) (KM)cc: COR |
Filing 101 Exhibit and Witness List for Court Trial held 8/14/2018. (KM) |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #97 Objections, #99 Proposed Findings of Fact, #100 Notice of Filing, #98 Stipulation, #96 Proposed Findings of Fact (KM) |
Filing 100 NOTICE OF FILING by LM Communications II of South Carolina, Inc. re #99 Proposed Findings of Fact and Proposed Opinion (Allen, William) |
Filing 99 Proposed Findings of Fact by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 98 STIPULATION Joint Statement Regarding Trial Exhibits by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 97 OBJECTIONS to #84 , #95 or AGREEMENT TO DEFENDANT L.M. COMMUNICATIONS II OF S.C. INC.'S TRIAL EXHIBITS filed by Larry G. Philpot. (Cole, Stacy) |
Filing 96 Proposed Findings of Fact by Larry G. Philpot. (Cole, Stacy) |
Filing 95 AMENDED PRETRIAL ORDER: The following Amended Pretrial deadlines SHALL be observed: 1. NLT 7 days before trial, the parties shall file the following: (a) proposed finding of fact & conclusion of law; (b) A list of all agreed upon Exhibits and a list of any Exhibits that remain in dispute; (c) Any deposition excerpts that may be objected to at trial; (d) A draft reasoned opinion with proposed finding of fact & conclusion of law; 2. All other deadlines of the previous Amended Scheduling Order #77 shall remain in effect. Signed by Judge Claria Horn Boom on 8/2/2018.(KM)cc: COR |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #93 Objections (KM) |
Filing 94 MINUTE ENTRY ORDER FOR TELEPHONIC PRETRIAL CONFERENCE held on 7/16/2018 before Judge Claria Horn Boom: IT IS ORDERED as follows. 1. The Jury Trial is CONVERTED to a BENCH TRIAL set for 8/14/2018 at 09:00 AM in LEXINGTON before Judge Claria Horn Boom (1day); 2. Plaintiff's #43 Motion in Limine is GRANTED; 2. Defendants #46 Motions in Limine are GRANTED, in part, DENIED, in part and TAKEN UNDER ADVISEMENT, in part. Motion in Limine No. 1 is GRANTED. Motion in Limine No. 2 is TAKEN UNDER ADVISEMENT. Motion in Limine No. 3 is GRANTED. Motion in Limine No. 4 is GRANTED. Motion in Limine No. 5 is GRANTED. Motion in Limine No. 6 is GRANTED. Motion in Limine No. 7 isDENIED as moot. Motion in Limine No. 8 is DENIED as moot; 4. Defendant's #85 Motions in Limine are TAKEN UNDER ADVISMENT; 5. Plaintiff SHALL submit via email to chambers and to opposing counsel the Deposition of Lynn Martinwith redacted letter; 6. A separate order SHALL issue regarding further pretrial submissions and filings. (Tape #KYED-LEX__5-17-cv-173-CHB-EBA_20180716_112927.) (KM)cc: COR,D,JC |
Filing 93 OBJECTIONS to #84 , #83 DEFENDANT L.M. COMMUNICATIONS II OF S.C. INC.'S TRIAL EXHIBITS AND WITNESS LIST filed by Larry G. Philpot. (Cole, Stacy) |
Filing 92 RESPONSE in Opposition re #85 MOTION in Limine by LM Communications II of South Carolina, Inc. filed by Larry G. Philpot. (Cole, Stacy) |
Filing 91 JOINT NOTICE OF WAIVER OF RIGHT TO JURY TRIAL by LM Communications II of South Carolina, Inc, Larry G. Philpot (Allen, William) Modified to add filers on 7/13/2018 (KM). |
Filing 90 TRIAL BRIEF -Supplemental by Larry G. Philpot. (Cole, Stacy) |
Filing 89 Exhibit List -Amended by Larry G. Philpot.. (Cole, Stacy) |
Filing 88 Proposed Voir Dire by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 87 Proposed Jury Instructions by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 86 TRIAL BRIEF by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 85 MOTION in Limine by LM Communications II of South Carolina, Inc. to Exclude reference to metadata in digital photographs and evidence relating to wealth, poverty, financial resources of any party (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Allen, William) Modified referral and text on 7/13/2018 (KM). |
Filing 84 Exhibit List by LM Communications II of South Carolina, Inc... (Allen, William) |
Filing 83 Witness List by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 82 NOTICE of Appearance by Darren W. Ford on behalf of Larry G. Philpot (Ford, Darren) |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #83 Witness List, #84 Exhibit List, #86 Trial Brief, #87 Proposed Jury Instructions, #88 Proposed Voir Dire, #89 Exhibit List, #90 Trial Brief, #91 Joint Notice of Waiver of Right to Jury Trial (KM) |
Filing 81 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 7/11/2018 before Magistrate Judge Edward B. Atkins: This matter came before the undersigned for a settlement conference with the parties present and represented by counsel. The matter was adjourned without having reached a settlement. Signed by Magistrate Judge Edward B. Atkins on 7/12/2018. (Court Reporter None.)(KM)cc: COR |
Filing 80 MEMORANDUM OPINION & ORDER: IT IS ORDERED: 1. That Plaintiff's Motion to File Supplemental Reply in Support of Plaintiff's Motion for Sanctions #72 is GRANTED; 2. The Plaintiff's Motion for Leave to File Separate Statement of Undisputed Facts #54 is GRANTED; 3. That Defendant's Motion for Sanctions Pursuant #36 is DENIED; 4. The Plaintiff's Motion for Attorneys' Fee #39 is DENIED; 5. The Plaintiff's Motion for Sanctions #42 is DENIED; 6. The Plaintiff's Motion for Summary Judgment #44 is GRANTED IN PART and DENIED IN PART. Signed by Judge Claria Horn Boom on 7/10/2018.(KM)cc: COR |
Filing 79 AMENDED PRETRIAL ORDER: The Court's previous Amended Pretrial Order #77 is AMENDED as follow: 1. NLT 7/13/2018 at 12:00 p.m., counsel shall file: a) witness & exhibit list as listed; b) motions in limine; c) transcripts of evidentiary depositions; d) pretrial memorandum; e) proposed jury instructions; f) propose voir dire; 2. IT IS FURTHER ORDERED that NLT 7/16/2018 at 10:00 a.m., parties shall file: a) written objections to witness & exhibit lists; b. responses to motions in limine; c) response motion for ruling on objections; 3. All other deadlines of the previous Scheduling Order #77 shall remain in effect. Signed by Judge Claria Horn Boom on 7/6/2018.(KM)cc: COR |
Filing 78 MINUTE ENTRY AND ORDER FOR TELEPHONE CONFERENCE held on 6/11/2018 before Magistrate Judge Edward B. Atkins: IT IS ORDERED as follows: 1. A SETTLEMENT CONFERENCE set for 7/11/2018 at 09:00 AM in LEXINGTON before Magistrate Judge Edward B. Atkins; 2. Counsel are directed to have their respective clients and/or representatives, fully authorized to negotiate and approve a settlement in this matter, present in person at such conference; 3. By NLT 7/3/2018, counsel shall submit to undersigned their respective settlement positions; 4. In statements, counsel shall assess strengths & weaknesses of both sides, & economic costs of further preparation & litigation of this matter through trial; 5. The Magistrate Judge requests settlement negotiations commences as soon as practicable. Compliance with this requirement will be satisfied only when, prior to the conference, the parties communicate regarding an offer to settle, and counteroffer. Signed by Magistrate Judge Edward B. Atkins on 6/11/2018.(Court Reporter None.) (KM)cc: COR,D |
Filing 77 AMENDED PRETRIAL ORDER: The Court's previous scheduling order #15 is AMENDED as follows: 1. The following deadlines shall be observed: a) The Jury Trial previously set for 5/22/2018 is RESCHEDULED to take place 8/14/2018 at 9:00 a.m.; b) The parties FINAL PRETRIAL CONFERENCE previously set for 4/30/2018 is RESCHEDULED to 7/16/2018 at 11:30 AM in LEXINGTON before Judge Claria Horn Boom; 2. This matter is set fo Telephonic Pretrial Conference on 7/16/2018 at 11:30 AM in LEXINGTON before Judge Claria Horn Boom; 3. The action is set for JURY TRIAL on 8/14/2018 at 09:00 AM in LEXINGTON before Judge Claria Horn Boom, counsel present by 8:30 a.m. (3 days). 4. IT IS FURTHER ORDERED that the parties will attend a settlement conference before Magistrate Judge Edward B. Atkins prior to the date of the PTC; 5. NLT 7 days before PTC counsel shall file the following: a) witness & exhibit lists, b) motions in limine, c) transcripts of evidentiary depositions; d) pretrial memorandum, e) proposed agreed jury instructions, f) proposed voir dire; 6. NLT 3 days before PTC, parties shall file: a) written objections, b) responses to motions in limine; c) responses to motion for ruling on objections; 7. At PTC, parties shall be prepared to: a) make stipulation of admissibility, b) disclose exhibits used for trial, c) display to Court all pre-marked exhibits for trial, d) discuss possibility of settlement, e) advise court of anticipated technological issues; 8. NLT that 7 days prior to trial, counsel shall submit to chambers a copy of each documentary exhibit; 9. Modification of this schedule is unlikely & will only occur for good cause. Signed by Judge Claria Horn Boom on 6/8/2018.(KM)cc: COR,D,JC |
Filing 76 ORDER: IT IS ORDERED for a TELEPHONE CONFERENCE on Monday, 6/11/2018 at 02:00 PM in PIKEVILLE before Magistrate Judge Edward B. Atkins. The call may be accessed as listed.. Signed by Magistrate Judge Edward B. Atkins on 6/7/2018.(KM)cc: COR, Pikeville Diary |
***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #75 Supplemental Reply (KM) |
Filing 75 Supplemental Reply in Support of his Motion for Sanctions #42 and for Summary Judgment #44 and Affidavit of Kelly Bazzle #70 filed by Larry G. Philpot. (Cole, Stacy) Modified text on 5/21/2018 (KM). |
***MOTION SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: re #72 MOTION for Leave by Larry G. Philpot to File Instanter Supplemental Reply (KM) |
Filing 73 RESPONSE to Motion re #72 MOTION for Leave by Larry G. Philpot to File Instanter Supplemental Reply filed by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 72 MOTION for Leave by Larry G. Philpot to File Instanter Supplemental Reply (Attachments: #1 05/07/18 email from Cole to Allen, #2 Supplemental Reply, #3 Proposed Order)(Cole, Stacy) Modified to remove referral on 5/15/2018 (KM). |
Filing 74 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/7/2018 before Judge Claria Horn Boom: Parties appeared as noted and discussed the need to remand the trial date & amend the scheduling order. The Court ORDERS as follows: 1. The parties will submit responses to the affidavit of Kelly Basil #70 ; 2. The Court directs the parties to have a mandatory settlement conference to be conducted by a magistrate judge; 3. The Court will enter an amended scheduling order. (Tape #KYED-LEX__5-17-cv-173-CHB-EBA_20180507_105453.) (KM)cc: COR |
Filing 71 ORDER: It is ORDERED that the Pretrial Conference set for 4/30/2018 at 11:30 a.m. and the jury trial set for 5/22/2018 are CONTINUED GENERALLY. A TELEPHONIC STATUS CONFERENCE is SET for 5/7/2018 at 11:00 AM in LEXINGTON before Judge Claria Horn Boom for the purpose of setting new pretrial conference and trial dates in this matter. Signed by Judge Claria Horn Boom on 4/26/2018.(KM)cc: COR,JC,D |
Filing 70 NOTICE OF FILING by LM Communications II of South Carolina, Inc. re #44 MOTION for Summary Judgment by Larry G. Philpot , #42 MOTION for Sanctions by Larry G. Philpot (Attachments: #1 Affidavit of Kelly Bazzle)(Allen, William) |
Filing 68 NOTICE OF GENERAL ORDER REASSIGNING CASE: Judge Joseph M. Hood is no longer assigned to case. Case reassigned to Judge Claria Horn Boom for all further proceedings pursuant to General Order No. 18-04. (SCD) |
Filing 67 REPLY In Support of Motion for Sanctions #42 filed by Larry G. Philpot. (Cole, Stacy) Modified text on 3/23/2018 (KM). |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re #42 MOTION for Sanctions by Larry G. Philpot (KM) |
***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #44 MOTION for Summary Judgment by Larry G. Philpot (KM) |
Filing 66 REPLY to #52 , #44 In Support of Summary Judgment filed by Larry G. Philpot. (Cole, Stacy) |
Filing 65 REPLY to #52 Facts Stated in Defendant's Memorandum in Opposition to Philpot's Motion for Summary Judgment #42 filed by Larry G. Philpot. (Cole, Stacy) Modified text on 3/23/2018 (KM). |
Filing 64 MINUTE ENTRY ORDER FOR INITIAL PRETRIAL CONFERENCE held on 3/20/2018, before Magistrate Judge Edward B. Atkins: 1. Dft may file motion to clarify by 3/27/2018; plt may file response by 4/3/2018; dft file reply by 4/6/2018; 2. One week prior to trial, parties submit list of proposed voir dire questions to Judge Hood's chambers by email; 3. One week prior to trial, parties may obtain copies of juror qualification forms from jury administrator. Signed by Magistrate Judge Edward B. Atkins. (Tape #KYED-LEX__5-17-cv-173-JMH-EBA_20180320_122322.) (STC)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #46 MOTION in Limine by LM Communications II of South Carolina, Inc. (KM) |
Filing 63 REPLY to Response to Motion re #46 MOTION in Limine by LM Communications II of South Carolina, Inc. filed by LM Communications II of South Carolina, Inc.. (Allen, William) |
***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #55 Witness List, #56 Exhibit List, #57 Trial Brief, #58 Proposed Jury Instructions, #59 Proposed Jury Instructions, #60 Witness List, #61 Exhibit List, #62 Trial Brief, (KM) |
***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #54 MOTION for Leave by Larry G. Philpot TO FILE INSTANTER SEPARATE STATEMENT OF UNDISPUTED FACTS IN COMPLIANCE WITH PARAGRAPH 8 OF THE COURT'S ORDER (KM) |
Filing 62 TRIAL BRIEF by Larry G. Philpot. (Attachments: #1 Exhibit A - Doc 54-1 Undisputed Statement of Facts)(Cole, Stacy) |
Filing 61 Exhibit List by Larry G. Philpot.. (Cole, Stacy) |
Filing 60 Witness List by Larry G. Philpot. (Cole, Stacy) |
Filing 59 Proposed Jury Instructions by Larry G. Philpot. (Cole, Stacy) |
Filing 58 Proposed Jury Instructions by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 57 TRIAL BRIEF by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 56 Exhibit List by LM Communications II of South Carolina, Inc... (Allen, William) |
Filing 55 Witness List by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 54 MOTION for Leave by Larry G. Philpot TO FILE INSTANTER SEPARATE STATEMENT OF UNDISPUTED FACTS IN COMPLIANCE WITH PARAGRAPH 8 OF THE COURT'S ORDER (Attachments: #1 Plaintiff's Statement of Undisputed Material Facts, #2 Proposed Order)(Cole, Stacy) Modified to remove referral on 3/14/2018 (KM). |
***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #43 MOTION in Limine by Larry G. Philpot TO PRECLUDE PRIOR SETTLEMENT/LICENSE AGREEMENTS (KM) |
Filing 53 RESPONSE in Opposition re #42 MOTION for Sanctions by Larry G. Philpot filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Exhibit A - Screen Shot, #2 Exhibit B - Screen Shot, #3 Proposed Order)(Allen, William) |
Filing 52 RESPONSE in Opposition re #44 MOTION for Summary Judgment by Larry G. Philpot filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Exhibit A - Transcript of Philpot Deposition, #2 Exhibit B - Screen Shot, #3 Exhibit C - Screen Shot, #4 Proposed Order)(Allen, William) |
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #39 MOTION for Attorney Fees by Larry G. Philpot (KM) |
Filing 51 REPLY to #39 In Support of Request for Attorneys' Fees filed by Larry G. Philpot. (Cole, Stacy) |
Filing 50 RESPONSE in Opposition re #46 MOTION in Limine by LM Communications II of South Carolina, Inc. filed by Larry G. Philpot. (Cole, Stacy) |
Filing 49 NOTICE OF FILING by Larry G. Philpot re #42 MOTION for Sanctions by Larry G. Philpot First Supplemental Affidavit of Stacy A. Cole, Esq. (Attachments: #1 Affidavit First Supplemental Affidavit of Stacy Cole)(Cole, Stacy) |
Filing 48 RESPONSE in Opposition re #39 MOTION for Attorney Fees by Larry G. Philpot filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Proposed Order)(Allen, William) |
Filing 47 REPLY BRIEF to #36 IN SUPPORT OF MOTION FOR SANCTIONS filed by LM Communications II of South Carolina, Inc.. (Allen, William) Modified text on 2/21/2018 (KM). |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: re #36 MOTION for Sanctions by LM Communications II of South Carolina, Inc. (KM) |
Filing 46 MOTIONS in Limine by LM Communications II of South Carolina, Inc. Witnesses not permitted in courtroom prior to testimony, exclude reference to prior disputes of litigation, bar opinion testimony from lay witnesses, bar testimony from any non-disclosed witness, bar testimony concerning settlement offers (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Allen, William) Modified text & referral on 2/21/2018 (KM). |
Filing 45 SEALED DOCUMENT re #44 Motion for Summary Judgment. Sealed pursuant to PROTECTIVE ORDER re #41 Agreed Order by Larry G. Philpot (Cole, Stacy) Modified text on 2/20/2018 (KM). |
Filing 44 MOTION for Summary Judgment by Larry G. Philpot (Attachments: #1 Exhibit 1 Affidavit of Larry Philpot with Exhibits, #2 Exhibit 2 CC BY 2.0, #3 Exhibit 3 Martin Deposition Excerpts and Exhs 2, 4, 5, #4 Proposed Order)(Cole, Stacy) Modified referral on 3/13/2018 (KM). |
Filing 43 MOTION in Limine by Larry G. Philpot TO PRECLUDE PRIOR SETTLEMENT/LICENSE AGREEMENTS (Attachments: #1 Proposed Order)(Cole, Stacy) Modified referral on 2/20/2018 (KM). |
Filing 42 MOTION for Sanctions by Larry G. Philpot Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A- Supplemental Affidavit of Stacy A. Cole, Esq., #2 Proposed Order)(Cole, Stacy) |
Filing 41 AGREED PROTECTIVE ORDER re information that may contain confidential & proprietary or personal financial, commercial or business information. Signed by Judge Joseph M. Hood on 2/15/18.(KJR)cc: COR |
Filing 40 NOTICE OF FILING by Larry G. Philpot re #39 MOTION for Attorney Fees by Larry G. Philpot (Attachments: #1 Proposed Order)(Cole, Stacy) |
Filing 38 Proposed Agreed Order/Stipulation AGREED PROTECTIVE ORDER by Larry G. Philpot, LM Communications II of South Carolina, Inc. (Cole, Stacy) Modified to add filers on 2/8/2018 (KM). |
NOTICE OF DOCKET MODIFICATION TO Stacy Cole re #37 Response in Opposition to Motion; Error: This is a response AND a motion. The document was filed only as a response when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion #39 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. NOTICE OF DEFICIENCY re #39 Motion for Attorney Fees; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (KM) |
***File SUBMITTED TO CHAMBERS of Judge Hood for review: re #38 Proposed Agreed Order/Stipulation AGREED PROTECTIVE ORDER by Larry G. Philpot (KM) |
Filing 39 MOTION for Attorney Fees by Larry G. Philpot. Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Affidavit of L. Philpot, #2 Exhibit B - Affidavit of S. Cole). This entry was combined within the Response in Opposition and filed pursuant to QC re #37 .(KM) (Additional attachment(s) added on 2/8/2018: #3 Proposed Order) (KM). Modified referral on 2/28/2018 (KM). |
Filing 37 RESPONSE in Opposition re #36 MOTION for Sanctions by LM Communications II of South Carolina, Inc. and Plaintiff's Request for Attorneys' Fees filed by Larry G. Philpot. (Attachments: #1 Exhibit A - Affidavit of L. Philpot, #2 Exhibit B - Affidavit of S. Cole with attachments)(Cole, Stacy) |
Filing 36 MOTION for Sanctions by LM Communications II of South Carolina, Inc. Motions referred to Edward B. Atkins. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Allen, William) |
Filing 35 NOTICE by LM Communications II of South Carolina, Inc. re #34 Notice to Take Deposition is Cancelled (Allen, William) |
Filing 34 AMENDED NOTICE to Take Deposition of Larry G. Philpot on 1/26/2018 at 10:00 a.m. by LM Communications II of South Carolina, Inc..(Allen, William) |
Filing 33 ORDER: IT IS ORDERED: 1. that Plaintiff's #29 MOTION for Extension of Time is DENIED except for that part granted by the magistrate judge on 1/8/2019 [de #32 ]; 2. That the deadline for Defendant to complete all fact & opinion discovery is extended through 1/31/2018; 3. that Plaintiff is advised that any failure to appear for a deposition or to otherwise fail to respond to discovery results as ordered by the magistrate judge may result in his case being dismissed as sanctions for failure to participate in discovery. Signed by Judge Joseph M. Hood on 1/10/2018.(KM)cc: COR |
Filing 32 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/9/2018 before Magistrate Judge Edward B. Atkins: The purpose of the call was to discuss a discovery dispute. The parties briefly addressed Plaintiffs pending Motion for an Extension of Time #29 noting that the parties consider the matters to have been fully briefed #31 . IT IS ORDERED that on or before 1/14/2018, the Plaintiff shall provide the Defendant with answers to all outstanding discovery requests. Signed by Magistrate Judge Edward B. Atkins on 1/9/2018. (Court Reporter None.)(KM)cc: COR |
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #29 MOTION for Extension of Time by Larry G. Philpot for Deadlines (KM) |
Filing 31 RESPONSE in Opposition re #29 MOTION for Extension of Time by Larry G. Philpot for a Deadlines filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Exhibit A - Docket Sheet, #2 Proposed Order)(Allen, William) |
Filing 30 ORDER: IT IS ORDERED that this matter shall come before this Court for a TELEPHONE CONFERENCE on Tuesday, 1/9/2018 at 10:00 AM in PIKEVILLE before Magistrate Judge Edward B. Atkins. Signed by Magistrate Judge Edward B. Atkins on 1/3/2018.(KM)cc: COR, Pikeville Diary |
Filing 29 MOTION for Extension of Time by Larry G. Philpot for a Deadlines. (Attachments: #1 Proposed Order)(Cole, Stacy) Modified to remove referral on 1/3/2018 (KM). |
Filing 28 NOTICE OF APPEARANCE by Larry G. Philpot. (Cole, Stacy) |
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #29 MOTION for Extension of Time by Larry G. Philpot for a Deadlines (KM) |
Filing 27 NOTICE to Take Deposition of Larry G. Philpot on January 12, 2018 at 10:00 a.m. by LM Communications II of South Carolina, Inc..(Allen, William) |
Filing 26 NOTICE OF SERVICE of Interrogatories, Request for Documents and Initial Disclosure by LM Communications II of South Carolina, Inc. re #25 Telephone Conference (Allen, William) Modified text on 11/22/2017 (KM). |
Filing 25 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/17/2017 before Magistrate Judge Edward B. Atkins: It is hereby ORDERED as follows: 1. Counsel for the Defendant shall serve any and all discovery documents, to include initial disclosures and any insertion orders to the Plaintiff. Mr. Allen shall file a Notice into the record indicating service of those documents; 2. Mr. Philpot may coordinate with Mr. Allen to schedule depositions for the 6 current employees of LM Communications II Of South Carolina, Inc. Further, Mr. Allen shall provide Mr. Philpot with the last known contact information for the 2 previous employees. Mr. Philpot may contact the previous employees at his convenience; 3. Mr. Philpot shall appear for a deposition on a mutually agreeable date. Signed by Magistrate Judge Edward B. Atkins on 11/17-2017.(Tape #KYED-PIK__5-17-cv-173_20171117_095216.) (KM)cc: COR,Pltf via U.S. mail |
Filing 24 ORDER: TELEPHONE CONFERENCE set for 11/17/2017 at 10:00 AM in PIKEVILLE before Magistrate Judge Edward B. Atkins. Signed by Magistrate Judge Edward B. Atkins on 11/7/2017.(STC)cc: COR,PkD,L. Philpot via US Mail |
Filing 23 REPLY to RULE TO SHOW CAUSE by Larry G. Philpot re #22 Telephone Conference filed by Larry G. Philpot, pro se. (Attachments: #1 Envelope postmarked 11/1/2017)(KM) |
***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: #23 Reply to Order to Show Cause (KM) |
Clerk's Note: Clerk received call from plaintiff indicating he was not notified of the #22 Telephone Conference. He will submit a statement in writing regarding his non-appearance. (STC) |
Filing 22 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/27/2017 before Magistrate Judge Edward B. Atkins: (1) DENYING AS MOOT without prejudice pla's #14 MOTION to Compel discovery; (2) pla shall SHOW CAUSE by 11/10/17 why he failed to appear for this proceeding. (Tape #KYED-PIK__5-17-cv-173_20171027_125028.) Signed by Magistrate Judge Edward B. Atkins. (KJR)cc: COR, pla (US Mail) |
Filing 21 ORDER: IT IS ORDERED this matter shall come before the Court for a TELEPHONE CONFERENCE ON THE RECORD set for 10/27/2017 at 01:00 PM in PIKEVILLE before Magistrate Judge Edward B. Atkins. The call may be accessed by calling the number listed. Signed by Magistrate Judge Edward B. Atkins on 10/18/2017.(KM)cc: COR, Pikeville Diary Modified text on 10/20/2017 (KM). |
Filing 20 ORDER: INITIAL PRETRIAL CONFERENCE set for 3/20/2018 at 01:00 PM in LEXINGTON before Magistrate Judge Edward B. Atkins; pretrial filings are due one week prior to the PTC. Signed by Magistrate Judge Edward B. Atkins on 10/5/17.(KJR)cc: COR,D |
Filing 19 REPLY to Response to Motion re #14 MOTION to Compel filed by Larry G. Philpot. (Attachments: #1 Envelope postmarked 9/12/2017)(KM) |
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: re #14 MOTION to Compel by Larry G. Philpot (KM) |
Filing 18 ORDER: IT IS ORDERED that the Plaintiff, Larry G. Philpot is HEREBY DIRECTED to file a Reply to Defendant LM Communications of South Carolina, Inc's Response #17 in Opposition to Plaintiff's Motion to Compel #14 on or before MONDAY, September 18, 2017. Signed by Magistrate Judge Edward B. Atkins on 9/7/2017.(KM)cc: COR, Pltf via U.S. mail |
Filing 17 RESPONSE in Opposition re #14 MOTION to Compel by Larry G. Philpot filed by LM Communications II of South Carolina, Inc.. (Attachments: #1 Proposed Order)(Allen, William) |
Set/Reset Deadlines: Dispositive Motions due by 2/17/2018. (KM) |
Filing 15 ORDER: IT IS ORDERED as follows: 1. All discovery disputes are referred to the magistrate judge (EBA) assigned to this matter for appropriateresolution pursuant to 28 U.S.C. 636(b)(1)(A). No motions to compel, nor any other motions relating to a discovery dispute, shall be filed unless all counsel involved in such dispute have first conferred as directed by Fed. R. Civ. P. 37(a)(1; 2. The parties SHALL immediately assess any potential for agreed resolution of the case & should continue to make that assessment as litigation continues. If the parties request a settlement conference, they shall file a joint motion seeking relief; 3. Motions to Amend Pleadings and Motion to Join Additional Parties due by 11/19/2017; 4. Fact and opinion Discovery due by 1/18/2018; 5. Reports from opinion witness & disclosure of opinion witnesses shall be due by Plft by 10/20/2017 and by Dft 12/19/2017; 6. Dispositive motions due by 2/17/2018; 7. Motions in limine & Daubert Motions due by 2/17/2018; 8. Motion practice shall be governed by local rule 7.1 except as otherwise provided in this order; 9. The case is REFERRED to the magistrate judge for a pretrial conference no later than one week prior to 4/30/2018; 10. At least one week prior to magistrate's pretrial conference parties shall: file list of exhibits, Premark & display exhibit to opposing counsel, file witness list, file pretrial memorandum brief, file proposed jury instructions; 11. This matter assigned for a FINAL PRETRIAL CONFERENCE set for 4/30/2018 at 11:30 AM in LEXINGTON before Judge Joseph M. Hood; 12. The case is assigned for JURY TRIAL set for 5/22/2018 at 09:00 AM in LEXINGTON before Judge Joseph M. Hood (5 days). IT IS FURTHER ORDERED: 13. The Motion to Compel Discovery #14 is referred to the Magistrate Judge for further proceeding in keeping with any orders that he may enter. Signed by Judge Joseph M. Hood on 8/22/2017.(KM)cc: COR,D,JC,Pltf via U.S. mail Modified text on 8/23/2017 (KM). |
Filing 14 MOTION to Compel Discovery by Larry G. Philpot (Attachments: #1 Memorandum in Support of Motion to Compel, #2 Affidavit of Larry Philpot in Support of Motion to Compel, #3 Exhibit A - Plaintiff's First Set of Interrogatories, Requests for Admission, and Document Requests for Defendant Midwest Communications, Inc., #4 Envelope dated 8/17/2017)(KM) |
***MOTION SUBMITTED TO CHAMBERS of Judge Hood for review: re #14 MOTION to Compel by Larry G. Philpot (KM) |
Filing 13 Reply to Answer and ANSWER to Counterclaim #11 by Larry G. Philpot. (Attachments: #1 Envelope postmarked 6/7/2017)(KM) |
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #12 Status Report (KM) |
Filing 12 STATUS REPORT by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 11 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against Larry G. Philpot by LM Communications II of South Carolina, Inc.. (Attachments: #1 Exhibit 1 - PACER Printout)(Allen, William) |
Filing 10 Reply to Answer and Affirmative Defenses re #7 Answer to Complaint by Larry G. Philpot (Attachments: #1 Envelope postmarked 5/16/2017)(KM) |
Filing 9 ORDER: IT IS ORDERED as follows: 1. Within 21 days from service of order, the parties shall meet either in person or by telephone to discuss the nature & basis of their claims and defenses & the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Fed. R. Civ. P. 26(a)(1); 2. Within 10 days after meeting parties file a joint status report. Signed by Judge Joseph M. Hood on 5/3/2017.(KM)cc: COR, Pla via US mail |
***FILE SUBMITTED TO CHAMBERS of Judge Hood for review: #7 Answer to Complaint (KM) |
Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by LM Communications II of South Carolina, Inc.. (Allen, William) |
Filing 7 ANSWER to #1 Complaint, by LM Communications II of South Carolina, Inc..(Allen, William) |
Filing 6 SUMMONS Returned Executed by Larry G. Philpot via Certified Mail to LM Communications II of South Carolina, Inc. served on 4/10/2017, answer due 5/1/2017. (Attachments: #1 Envelope postmarked 4/19/2017)(KM) |
Case no longer referred to P SO per Chambers. (KM) |
Filing 5 REPORT on the filing or determination of an action regarding re #1 Complaint, cc: form mailed to Copyright Register. (KM) |
Filing 4 STANDING ORDER re: Disclosure of Contact Information: 1. pro se litigants must provide current telephone number, residential address, & if different, mailing address. 2. pro se litigants must provide written notice of change of residential address, & if different, mailing address. 3. Clerk file copy of Order in all non-prisoner pro se actions. Failure to provide required information or change of address may result in appropriate sanctions. (KM)cc: COR, Pla via US mail |
Filing 3 Summons Issued as to LM Communications II of South Carolina, Inc.; Summons issued and handed back to Plaintiff(KM) |
Filing 1 COMPLAINT ( Filing fee $400; receipt number 5022863), filed by Larry G. Philpot(pro se). (Attachments: #1 Exhibit A - Nelson Photo Registration Certificate, #2 Exhibit B - Nelson Photo, #3 Exhibit C - Wikimedia Attribution Requirements, #4 Exhibit D - Infringement Screenshots, #5 Receipt)(KM) Modified text on 4/7/2017 (KM). |
Conflict Check run. (KM) |
IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers. cc: COR, Pla via US Mail (KM) |
***FILE SUBMITTED TO PSO for review: #1 Complaint (KM) |
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