Guarino v. DraftKings, Inc. et al
| Guarino and Thomas Guarino |
| DraftKings, Inc, DraftKings Inc. and FanDuel Inc. |
| 1:2016cv10234 |
| February 11, 2016 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| George A OToole |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 50 Judge George A. OToole, Jr: OPINION and ORDER entered. (McKillop, Matthew) |
| Filing 49 Judge George A. OToole, Jr: ORDER entered. MDL PROCEDURAL ORDER No. 2 REGARDING PLAINTIFFS' LEADERSHIP STRUCTURE AND SUBMISSIONS Associated Cases: 1:16-md-02677-GAO et al.(Halley, Taylor) |
| Filing 48 Judge George A. OToole, Jr: MDL PROCEDURAL ORDER NO. 1 entered. (Spread to all new cases.)Associated Cases: 1:16-md-02677-GAO et al.(Jones, Sherry) |
| Filing 47 Judge George A. OToole, Jr: ORDER entered. MDL Procedural Order No. 1. Associated Cases: 1:16-md-02677-GAO et al.(Halley, Taylor) |
| Filing 46 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. (Abaid, Kimberly) |
| Filing 45 NOTICE TO ALL COUNSEL: Pursuant to CTO Number: Initial, MDL No. 2677 has been transferred from Southern District of Illinois and assigned civil action number: 16-10234. Southern District of Illinois case number: 15-1123. In Re: Daily Fantasy Sports Marketing and Sales Practices Litigation, MDL 2677 (Jones, Sherry) |
| Filing 44 Case transferred in from District of Illinois Southern; Case Number 3:15-cv-01123. |
| Filing 43 CONDITIONAL TRANSFER (CTO-2677) TRANSFERRING CASE TO OTHER DISTRICT. Case transferred to District of Massachusetts. MDL 2677/In Re: Daily Fantasy Sports Marketing and Sales Practices Litigation (slh) |
| Filing 42 Preliminary Conditional Transfer Order (CTO-2677) (slh) |
| Filing 41 NOTICE of Appearance by Carrie A. Hall on behalf of FanDuel Inc. (Hall, Carrie) |
Filing 40
ORDER. A Joint Motion for an Extension of Time to File an Answer was filed with the Court on December 7, 2015 #38 , in which both parties request an extension of time to file the answer and, if granted, subsequently request to withdraw Defendant's motion to transfer #28 . Based on the allegations in the motion, the Court sua sponte reconsiders its previous order denying Defendant's motion to stay #15 and STAYS this action pending a decision by the Judicial Panel on Multidistrict Litigation. In light of the stay, the Court DENIES all pending motions and CANCELS all current settings. Signed by Judge Nancy J. Rosenstengel on 12/8/15. (ceg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
ORDER granting #36 Motion to Withdraw as Attorney. Attorney Floyd A. Mandell terminated. Signed by Judge Nancy J. Rosenstengel on 12/8/15. (drb)
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| Filing 38 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by DraftKings, Inc.. (Rankin, W.) |
| Filing 37 MOTION to Withdraw #28 MOTION to Transfer Case by DraftKings, Inc.. (Rankin, W.) |
| Filing 36 MOTION to Withdraw as Attorney Floyd A. Mandell, MOTION to Substitute Attorney Carrie A. Hall by FanDuel Inc.. (Mandell, Floyd) |
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Filing 35
ORDER granting #34 Motion to Appear Pro Hac Vice for attorney Carrie A. Hall on behalf of FanDuel Inc., on 12/7/2015. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 34 MOTION to Appear Pro Hac Vice by Attorney Carrie A. Hall $100 fee paid,receipt number 0754-2793926 by on behalf of FanDuel Inc.. (Hall, Carrie) |
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Filing 33
ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Frazier and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Frazier's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 12/3/2015. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 NOTICE of Scheduling and Discovery Conference: Scheduling/Discovery Conference set for 1/12/2016 at 2:00 PM via telephone before Magistrate Judge Philip M. Frazier. The parties should call 1-618-439-7731 to join the conference. Lead counsel for the parties must participate in the conference call. (krm) |
| Filing 31 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #29 CJRA Track. The date for the final pretrial conference was incorrectly stated on the Order as August 1, 2014. The Order has been corrected to August 1, 2017 at 1:30 p.m. Document 29 is stricken. (drb) (drb) |
| Filing 30 CJRA TRACK D assigned: Final Pretrial Conference set for 8/1/2017 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for September, 2017. (Attachments: # 1 Consent to Magistrate Judge). (drb) |
| Filing 29 ENTRY STRICKEN - CJRA TRACK D assigned: Final Pretrial Conference set for 8/1/2017 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for September, 2017. (Attachments: #1 Consent to Magistrate Judge)(drb) Modified on 12/1/2015 (drb). |
| Filing 28 MOTION to Transfer Case by DraftKings, Inc.. (Attachments: #1 Affidavit Declaration of Tim Dent)(Rankin, W.) |
| Filing 27 Corporate Disclosure Statement by DraftKings, Inc.. (Rankin, W.) |
| Filing 26 Corporate Disclosure Statement by FanDuel Inc.. (Mandell, Floyd) |
| Filing 25 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #21 Disclosure of Interested Parties filed by FanDuel Inc. Incorrect document type selected (PDF and event do not match). Filer selected Disclosure of Interested Parties; however, the filer should have selected Corporate Disclosure Statement. Docket entry STRICKEN as Ordered by the Court. Document must be re-filed using the correct event Corporate Disclosure Statement. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 24
ORDER granting #22 Motion for Extension of Time to Answer ; granting #23 Motion for Extension of Time to Answer. The defendants demonstrate good cause for an extension of time pursuant to Rule 6(b) of the Federal Rules of Civil Procedure. The deadline for the defendants to file an answer or responsive pleading is hereby extended to December 14, 2015. Signed by Magistrate Judge Philip M. Frazier on 11/12/15. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION Consent Motion of Defendant Fanduel Inc. for Extension of Time to Respond to Complaint. by FanDuel Inc.. (Mandell, Floyd) |
| Filing 22 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by DraftKings, Inc.. (Rankin, W.) |
| Filing 21 ENTRY STRICKEN - DISCLOSURE OF INTERESTED PARTIES Rule7.1 Disclosure Statement by FanDuel Inc..(Mandell, Floyd) Modified on 11/12/2015 (tkm ). |
| Filing 20 NOTICE of Appearance by Floyd A. Mandell on behalf of FanDuel Inc. (Mandell, Floyd) |
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Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice for attorney Floyd A. Mandell on behalf of FanDuel, Inc., on 11/10/2015. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Appear Pro Hac Vice by Attorney Floyd A. Mandell $100 fee paid,receipt number 0754-2774152 by on behalf of FanDuel Inc.. (Mandell, Floyd) |
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Filing 17
ORDER DENYING #15 Motion to Stay. The Defendants moved to stay this case pending resolution of a motion before the Judicial Panel on Multidistrict Litigation, seeking establishment of an MDL proceeding (Doc. 15). The undersigned District Judge generally does not stay pretrial proceedings pending MDL transfer. See Rule 2.1(d) of the Federal Rules of Procedure of the Judicial Panel on Multidistrict Litigation (providing that the pendency of a motion before the Panel "does not affect or suspend orders and pretrial proceedings in any pending federal district court action and does not limit the pretrial jurisdiction of that court.") Given that this case is still in the very early stages, the undersigned concludes that there is little chance of the Court or the parties fruitlessly expending resources while waiting for the Panel to issue its decision. Thus a stay is unwarranted at this time. The Court will closely monitor any Orders (conditional or final) issued by the Panel. Signed by Judge Nancy J. Rosenstengel on 11/6/15. (ceg, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE of Appearance by Theodore J. MacDonald, Jr on behalf of DraftKings, Inc. (MacDonald, Theodore) |
| Filing 15 Joint MOTION to Stay Proceedings Pending Resolution of the Multidistrict Litigation Transfer Motions by DraftKings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rankin, W.) |
| Filing 14 NOTICE of Appearance by W. Jason Rankin on behalf of DraftKings, Inc. (Rankin, W.) |
| Filing 13 SUMMONS Returned Executed by Thomas Guarino. FanDuel Inc. served on 10/23/2015, answer due 11/13/2015. (Mathews, D.) |
| Filing 12 SUMMONS Returned Executed by Thomas Guarino. DraftKings, Inc. served on 10/23/2015, answer due 11/13/2015. (Mathews, D.) |
| Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #10 Summons Returned Executed filed by Thomas Guarino, #9 Summons Returned Executed filed by Thomas Guarino. Filer put in the date of 10/13/15 for defendants being served; however, the correct date of service is 10/23/15. Docket entries are STRICKEN as Ordered by the Court. Documents must be re-filed. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 ENTRY STRICKEN - SUMMONS Returned Executed by Thomas Guarino. DraftKings, Inc. served on 10/13/2015, answer due 11/3/2015. (Mathews, D.) Modified on 11/4/2015 (tkm ). |
| Filing 9 ENTRY STRICKEN - SUMMONS Returned Executed by Thomas Guarino. FanDuel Inc. served on 10/13/2015, answer due 11/3/2015. (Mathews, D.) Modified on 11/4/2015 (tkm ). |
| Filing 8 NOTICE of Appearance by Corey D. Sullivan on behalf of Thomas Guarino (Sullivan, Corey) |
| Filing 7 NOTICE of Appearance by D. Todd Mathews on behalf of All Plaintiffs (Mathews, D.) |
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Filing 6
ORDER OF RECUSAL. Judge David R. Herndon recused. Case reassigned to Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge David R. Herndon on 10/14/15. (cekf)
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Filing 5
ORDER OF RECUSAL. Judge Staci M. Yandle recused. Case reassigned to Judge David R. Herndon for all further proceedings. Signed by Judge Staci M. Yandle on 10/14/15. (hjg)
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| Filing 4 Summons Issued as to DraftKings, Inc., FanDuel Inc. (jwf) |
| Filing 3 NOTICE OF ERRORS AND/OR DEFICIENCIES. See attached document for specifics. (jwf) |
| Filing 2 Notice of Judge Assignment. Judge Staci M. Yandle and Magistrate Judge Philip M. Frazier assigned. All future documents must bear case number 15-1123-SMY-PMF. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (jwf) |
| Filing 1 COMPLAINT against DraftKings, Inc., FanDuel Inc. ( Filing fee $ 400 receipt number 0754-2747379.), filed by Thomas Guarino. (Attachments: #1 Civil Cover Sheet, #2 Summons DraftKings, Inc., #3 Summons FanDuel Inc.)(Sullivan, Corey) |
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