Doane v. Vision Solar LLC
| Robert A Doane |
| Vision Solar LLC |
| 1:2021cv11285 |
| August 5, 2021 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on January 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 Judge Indira Talwani: ELECTRONIC ORDER denying Defendant Vision Solar, LLCs (Vision Solar) Motion to Bifurcate Discovery #27 .On November 30, 2021, the court held a scheduling conference with the parties. See Elec. Clerks Notes 23 . The court declined to adopt Vision Solars proposal to bifurcate discovery, noting that the Federal Rules of Civil Procedure instruct district courts to determine whether an action should be certified as a class action at an "early practicable time." Fed. R. Civ. P. 23(c)(1)(A). In addition, the Supreme Courts decision in Wal-Mart Stores, Inc. v. Dukes, cautions against bifurcating discovery given that the class determination generally involves considerations that are enmeshed in the factual and legal issues comprising the plaintiffs cause of action." 564 U.S. 338, 350-51 (2011) (internal quotation marks omitted). The court advised, however, that Vision Solar could file a motion to bifurcate if it could point to specific facts supporting bifurcation.Vision Solar now argues that bifurcation is warranted because discovery may well reveal Plaintiff Robert Doanes consent to the alleged calls and may also reveal that the alleged calls... were not through the use of an [automatic telephone dialing system (ATDS)]. Vision Solar has not, however, directed the court to any specific facts that support such speculation. And to the extent that Vision Solars motion is based on the pleadings alone, the court has already considered and denied Vision Solars Motion to Dismiss #13 on the issues of Doanes consent and Vision Solars alleged use of an ATDS. Mem. & Order #24 . The Motion to Bifurcate Discovery #27 is therefore denied.The court reiterates, however, its suggestion at the scheduling conference that the parties consider whether an early motion for summary judgment on the issue of Doanes consent would be an efficient use of the parties and the courts resources. As always, counsel are expected to collaborate and to look to proportionality as their guiding principle. See Fed. R. Civ. P. 1. (Dore, Samantha) |
| Filing 31 Opposition re #27 MOTION to Bifurcate Discovery filed by Robert A Doane. (Attachments: #1 Affidavit Declaration of Richard B. Reiling, Esq.)(Reiling, Richard) |
| Filing 30 Judge Indira Talwani: ELECTRONIC ORDER allowing #29 Assented to MOTION for Extension of Time to Respond to Defendant's Motion to Bifurcate to File Response. (Dore, Samantha) |
| Filing 29 Assented to MOTION for Extension of Time to Respond to Defendant's Motion to Bifurcate to File Response by Robert A Doane.(Reiling, Richard). |
| Filing 28 MEMORANDUM in Support re #27 MOTION to Bifurcate Discovery filed by Vision Solar LLC. (MacDonald, Andrew) |
| Filing 27 MOTION to Bifurcate Discovery by Vision Solar LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(MacDonald, Andrew) |
| Filing 26 ANSWER to #12 Amended Complaint by Vision Solar LLC.(MacDonald, Andrew) |
| Filing 25 Judge Indira Talwani: SCHEDULING ORDER: Amended Pleadings due by 1/31/2022. Discovery to be completed by 7/15/2022. (Dore, Samantha) |
| Filing 24 Judge Indira Talwani: MEMORANDUM AND ORDER. Vision Solar's Motion to Dismiss [#13] is GRANTED IN PART as to Count V and DENIED IN PART as to Count I-IV. (Dore, Samantha) |
| Filing 23 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 11/30/2021. Case called. Court had colloquy with counsel. Parties to jointly report to clerk any request for ADR. Motion to Dismiss as to consent was denied; an early motion for summary judgment as to consent only may be filed but counsel must confer prior to filing. No dates set for further dispositive motions or expert deadlines. A motion to bifurcate may be filed; single discovery dates were set as the proposed dates were adopted. Counsel shall confer regarding electronic discovery protocols. Discovery to be completed by 7/15/2022. Status Conference set for 7/25/2022 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: David Pastor, Richard B. Reiling, Brett A. Berman, Andrew M. MacDonald) (MacDonald, Gail) |
| Filing 22 JOINT STATEMENT re scheduling conference Joint Statement and Proposed Scheduling Order. (Attachments: #1 Plaintiff's Local Rule 16.1(d)(3) Certification, #2 Defendant's Local Rule 16.1(d)(3) Certification)(Pastor, David) |
| Filing 21 REPLY to Response to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vision Solar LLC. (MacDonald, Andrew) |
| Filing 20 Judge Indira Talwani: ELECTRONIC ORDER granting Unopposed Motion for Leave to File a Reply Brief #19 . Defendant shall file its brief of no more than ten pages no later than November 15, 2021. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 19 Assented to MOTION for Leave to File a Reply Brief by Vision Solar LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(MacDonald, Andrew) |
| Filing 18 MEMORANDUM in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert A Doane. (Pastor, David) |
| Filing 17 DUPLICATE ENTRY - PLEASE REFER TO #18 Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert A Doane. (Pastor, David) Modified on 10/29/2021 (Kelly, Danielle). |
| Filing 16 NOTICE of Scheduling Conference. SEE attached Notice. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 11/30/2021 02:45 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER: in light of Plaintiff Doane's Amended Complaint #12 superseding the Complaint [1-1], Defendant's Motion to Dismiss #4 is denied without prejudice as moot. (Kelly, Danielle) |
| Filing 14 MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vision Solar LLC. (MacDonald, Andrew) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Vision Solar LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(MacDonald, Andrew) |
| Filing 12 AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT AND JURY DEMAND against All Defendants, filed by Robert A Doane.(Pastor, David) |
| Filing 11 NOTICE of Appearance by David Pastor on behalf of Robert A Doane (Pastor, David) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER granting #9 Assented to Motion for Extension of Time to 9/30/21 to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Kelly, Danielle) |
| Filing 9 Assented to MOTION for Extension of Time to 9/30/21 to File Response/Reply as to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert A Doane.(Reiling, Richard) |
| Filing 8 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING #6 Motion for Leave to Appear Pro Hac Vice Added Brett A. Berman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 7 STATE COURT Record. (Kelly, Danielle) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Brett A. Berman Filing fee: $ 100, receipt number 0101-8915067 by Vision Solar LLC. (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Proposed Order)(MacDonald, Andrew) |
| Filing 5 MEMORANDUM of Law in Support re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Vision Solar LLC. (Kelly, Danielle) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Vision Solar LLC.(MacDonald, Andrew) (Additional attachment(s) added on 8/12/2021: #1 Text of Proposed Order) (Kelly, Danielle). (Main Document 4 replaced on 8/12/2021) (Kelly, Danielle). Modified on 8/12/2021: Removed Memorandum and proposed order from main document and properly filed them as an attachment and separate entry to the motion (Kelly, Danielle). |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McDonagh, Christina) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) |
| Filing 1 NOTICE OF REMOVAL by Vision Solar LLC ( Filing fee: $ 402, receipt number 0101-8890994 Fee Status: Filing Fee paid) (MacDonald, Andrew) (Main Document 1 replaced on 8/6/2021) (McDonagh, Christina). (Additional attachment(s) added on 8/6/2021: #1 Ex A, #2 Civil Cover Sheet and Category Form) (McDonagh, Christina). |
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| Plaintiff: Robert A Doane | |
| Represented By: | Richard B. Reiling |
| Represented By: | David Pastor |
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| Defendant: Vision Solar LLC | |
| Represented By: | Andrew M. MacDonald |
| Represented By: | Brett A. Berman |
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