Higgins et al v. NMI Enterprises,Inc. et al
| Dale Higgins, Roger Smith, Melanie Wallace and Wright Avenue, LLC |
| NMI Enterprises,Inc., DROR International, L.P., Nitzan Mendelbaum and Laurie Felton |
| 2:2009cv06594 |
| September 29, 2009 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Karen Wells Roby |
| Jay C. Zainey |
| P.I.: Other |
| 18 U.S.C. ยง 1030 United States Computer Fraud Abuse Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
144
ORDER: This litigation concerns Plaintiffs' claims for damages stemming from Defendants' alleged unauthorized access of certain email accounts. Before the Court is Plaintiffs' Reurged Motion for a New Trial, wherein Plaintiffs "se ek a new trial on all issues addressed in this Court's Order granting DROR and Mendelbaum's Motion to Dismiss on the basis of res judicata and collateral estoppel as to Smith, Higgins, and Wright Avenue, and granting the dismissal of Wallac e's claims for failure to state a claim upon which relief can be granted" (Rec. Doc. 125); upon considering the pending motion, the memoranda in support, the memoranda in opposition, and the applicable law, as set forth herein, IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED IN PART AND DENIED IN PART;IT IS FURTHER ORDERED that with respect to the Court's ruling that Higgins's, Smith's and Wright Avenue, LLC's claims are barred by res judicata, reconsid eration is GRANTED and these claims are reinstated; IT IS FURTHER ORDERED that with respect to Wallace's claims, reconsideration is DENIED and these claims remain dismissed with prejudice. Signed by Judge Nannette Jolivette Brown on 1/2/2014. (rll, )
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Filing
113
ORDER & REASONS: Before the Court are the parties' memoranda regarding the timeliness of the plaintiffs' claims, which this Court ordered after it indicated that it was inclined to grant summary judgment independent of a motion pursuant to Federal Rule of Civil Procedure 56(f)(3) (Rec. Doc. 110); for the reasons stated, IT IS HEREBY ORDERED that summary judgment is GRANTED in favor of all defendants dismissing with prejudice all Plaintiffs' claims under Louisiana Civil Code articl e 2315; IT IS FURTHER ORDERED that summary judgment is GRANTED in favor of all defendants dismissing with prejudice Plaintiff Smith's claims under the CFAA and Wire Tap Act; IT IS FURTHER ORDERED that the parties may reurge all motions that were previously denied without prejudice pending resolution of this issue; IT IS FURTHER ORDERED that this case be reopened and that the Court will issue a new scheduling order and trial date. Signed by Judge Nannette Jolivette Brown on 8/26/2013.(rll, ) Modified on 8/26/2013 to edit doc type (rll, ).
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Filing
110
ORDER & REASONS re plas Dale Higgins, Roger Smith, Melanie Wallace and Wright Avenue, L.L.C.'s 100 Motion for New Trial re claims dismissed against dft Laurie Felton, plas' 85 Motion for New Trial re claims dismissed against dfts Nitzan Mendelbaum and DROR International and pla Melanie Wallace, dft Tracy W. Begnaud's 83 Motion for Summary Judgment - Wiretap Act, 84 Motion for Summary Judgment - Computer Fraud and Abuse Act and 88 Motion to Dismiss Party: for the reasons stated, IT IS HEREBY ORDERED that Plaintiffs' 100 Motion for New Trial is GRANTED, in so far as this Court will reconsider the dismissal of Felton based on prescription and the expiration of the statute of limitations periods, after the partie s have had an opportunity to respond to this order; IT IS FURTHER ORDERED that Plaintiffs' response regarding the facts and legal issues implicated by the Citizen's Complaint is due by the end of the day on July 24, 2013; IT IS FURTHER ORDE RED that all defendants' responses are due by the end of the day on August 7, 2013; IT IS FURTHER ORDERED that all other pending motions are DENIED WITHOUT PREJUDICE and the parties are granted leave to refile these motions, if necessary, after the Court has issued a ruling on the issues concerning the Citizen's Complaint. Signed by Judge Nannette Jolivette Brown on 6/25/2013. (rll, )
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Filing
86
ORDER & REASONS re dft Laurie Felton's 71 Motion to Dismiss: for the reasons stated, IT IS HEREBY ORDERED that Felton's Motion to Dismiss is GRANTED and all claims made against her here are DISMISSED WITH PREJUDICE. Signed by Judge Nannette Jolivette Brown on 1/2/2013. (rll, ) Modified on 1/2/2013 to edit doc type (rll, ).
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Filing
80
ORDER & REASONS: for the reasons stated, IT IS HEREBY ORDERED that dfts' DROR International, L.P. and Nitzan Mendelbaum's 43 Motion to Dismiss Party on the Basis of Res Judicata and Collateral Estoppel is GRANTED and such claims are DISM ISSED WITH PREJUDICE; IT IS FURTHER ORDERED that pla Wallace's claims are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Signed by Judge Nannette Jolivette Brown on 11/30/2012. (rll, ) Modified on 11/30/2012 to edit doc type (rll, ).
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