Pratt et al v. KSE Sportsman Media, Inc.
Larry Jones and Richard Pratt |
Outdoor Sportsman Group, Inc. and KSE Sportsman Media, Inc. d/b/a Outdoor Sportsman Group, Inc. |
1:2021cv11404 |
June 15, 2021 |
US District Court for the Eastern District of Michigan |
Thomas L Ludington |
Patricia T Morris |
Contract: Other |
28 U.S.C. § 1332 Diversity-Other Contract |
Plaintiff |
Docket Report
This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.
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Filing 73 SUPPLEMENTAL BRIEF re #72 Order, Set Deadlines/Hearings Joint Response to the Courts Order Directing Supplemental Briefing (ECF No. 72) filed by Larry Jones, Richard Pratt. (Miller, E.) |
Filing 72 ORDER Directing Supplemental Briefing re #71 Stipulation of Dismissal. (Response due by 5:00 PM on 4/10/2023.) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 71 STIPULATION of Dismissal by All Plaintiffs (Miller, E.) |
Filing 70 Order Adjourning SCHEDULING ORDER per #68 Stipulation. Settlement Conference set for 7/26/2023 at 3:00 PM before District Judge Thomas L. Ludington; Discovery due by 11/13/2023; Dispositive Motion Cut-off set for 12/18/2023; Final Pretrial Conference set for 9/10/2024 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 10/1/2024 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) |
Filing 69 NOTICE by KSE Sportsman Media, Inc. of withdrawal of #44 MOTION for Judgment on the Pleadings Defendant's Withdrawal of Its Motion for Judgment on Pleadings. (Lauderbach, Jonathan) |
Filing 68 STIPULATION re #62 Report (Free) Joint Proposed Case Schedule by KSE Sportsman Media, Inc. (Lauderbach, Jonathan) |
TEXT-ONLY NOTICE: Motion Hearing on 4/25/2023 is Cancelled re #44 MOTION for Judgment on the Pleadings Before District Judge Ludington as the Motion has Been Referred to Magistrate Judge Morris. (KWin) |
Filing 67 ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #44 MOTION for Judgment on the Pleadings filed by Outdoor Sportsman Group, Inc., KSE Sportsman Media, Inc.. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 66 ORDER Denying Adjournment of Defendant's Reply Deadline. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 65 CORRECTED NOTICE OF IN PERSON HEARING on #44 MOTION for Judgment on the Pleadings. In-Person Motion Hearing set for 4/25/2023 at 4:00 PM before District Judge Thomas L. Ludington. (KWin) |
Filing 64 NOTICE OF IN PERSON HEARING on #44 MOTION for Judgment on the Pleadings. Motion Hearing set for 4/25/2023 at 4:00 PM before District Judge Thomas L. Ludington. (KWin) |
Filing 63 REPLY to Response re #44 MOTION for Judgment on the Pleadings filed by KSE Sportsman Media, Inc.. (Lauderbach, Jonathan) |
TEXT-ONLY ORDER LIFTING STAY per #62 Joint Status Report to the Court. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 62 Status Report REPORT Joint Status Report to the Court by All Plaintiffs (Miller, E.) |
Filing 61 ORDER Granting #60 Motion to Withdraw Plaintiff's Counsel. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 60 MOTION for Withdrawal of Attorney William Kalas by All Plaintiffs. (Miller, E.) |
Filing 59 ORDER Extending Stay for Settlement Negotiations. (Status Report due by 2/3/2023. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 58 STATUS REPORT (JOINT STATUS REPORT TO THE COURT) by Larry Jones, Richard Pratt (Miller, E.) |
Filing 57 STIPULATED ORDER to Stay Case Pending Mediation. ( #44 MOTION for Judgment on the Pleadings is Abeyed). (Status Report due by 12/19/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 56 ORDER granting #38 Motion to Seal; denying #40 Motion to Compel; denying #41 Sealed Motion; granting #48 Motion to Seal. Signed by Magistrate Judge Patricia T. Morris. (KCas) |
Minute Entry for in-person proceedings before Magistrate Judge Patricia T. Morris: Motion Hearing held on 9/13/2022 re #40 MOTION to Compel filed by Larry Jones, Richard Pratt, #38 MOTION to Seal filed by Larry Jones, Richard Pratt, #48 MOTION to Seal Portions of Their Reply to Defendant's Response to Plaintiffs' Motion to Compel and Certain Exhibits Attached Thereto Under Seal filed by Larry Jones, Richard Pratt, #41 SEALED MOTION Compel Discovery re #40 MOTION to Compel by Larry Jones, Richard Pratt. filed by Larry Jones, Richard Pratt Disposition: Motions to seal are granted and the motion to compel is denied. (Court Reporter: Digitally Recorded) (KCas) |
Filing 55 RESPONSE to #44 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Miller, E.) |
Filing 54 STATEMENT of Resolved and Unresolved Issues (Joint List) by All Plaintiffs (Miller, E.) |
Filing 53 NOTICE OF IN PERSON HEARING on #48 MOTION to Seal Portions of Their Reply to Defendant's Response to Plaintiffs' Motion to Compel and Certain Exhibits Attached Thereto Under Seal. Resolved/Unresolved Issues due by 9/6/2022, Motion Hearing set for 9/13/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
Filing 52 ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #48 MOTION to Seal Portions of Their Reply to Defendant's Response to Plaintiffs' Motion to Compel and Certain Exhibits Attached Thereto Under Seal filed by Larry Jones, Richard Pratt. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 51 SEALED REPLY to Response re #40 Motion to Compel, by All Plaintiffs. (Attachments: #1 Exhibit A- Declaration of Philip L. Fraietta in Support of Plaintiffs' Motion to Compel) (Miller, E.) |
Filing 50 REPLY to Response re #40 MOTION to Compel filed by All Plaintiffs. (Attachments: #1 Exhibit A- Declaration of Philip L. Fraietta in Support of Plaintiffs' Motion to Compel) (Miller, E.) |
Filing 49 SEALED EXHIBIT re #48 MOTION to Seal Portions of Their Reply to Defendant's Response to Plaintiffs' Motion to Compel and Certain Exhibits Attached Thereto Under Seal by All Plaintiffs. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4) (Miller, E.) |
Filing 48 MOTION to Seal Portions of Their Reply to Defendant's Response to Plaintiffs' Motion to Compel and Certain Exhibits Attached Thereto Under Seal by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Filed under seal, #3 Exhibit 2- Filed under seal, #4 Exhibit 3- Filed under seal, #5 Exhibit 4- Filed under seal) (Miller, E.) |
Filing 47 NOTICE OF IN PERSON HEARING on #44 MOTION for Judgment on the Pleadings. Motion Hearing set for 10/26/2022 at 4:00 PM before District Judge Thomas L. Ludington. (KWin) |
Filing 46 RESPONSE to #41 SEALED MOTION Compel Discovery re #40 MOTION to Compel by Larry Jones, Richard Pratt. filed by All Defendants. (Lauderbach, Jonathan) |
Filing 45 NOTICE by All Defendants of Constitutional Question Re: Michigan's Preservation of Personal Privacy Act (Attachments: #1 Exhibit As-Filed Motion for Judgment on the Pleadings) (Lauderbach, Jonathan) |
Filing 44 MOTION for Judgment on the Pleadings by All Defendants. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit 1, Excerpted Amended Complaint, #3 Exhibit Exhibit 2, Excerpted Amended Complaint, #4 Exhibit Exhibit 3, Final Judgment and Order of Dismissal 16-CV-12808, #5 Exhibit Exhibit 4, Enrolled SB 490, #6 Exhibit Mastheads from Guns & Ammo, #7 Exhibit Mastheads from RifleShooter, #8 Exhibit Mastheads from Handguns magazine) (Lauderbach, Jonathan) |
Filing 43 NOTICE OF IN PERSON HEARING on #41 SEALED MOTION Compel Discovery re #40 MOTION to Compel by Larry Jones, Richard Pratt., #38 MOTION to Seal , #40 MOTION to Compel . Resolved/Unresolved Issues due by 9/6/2022, Motion Hearing set for 9/13/2022 10:00 AM before Magistrate Judge Patricia T. Morris (KCas) |
Filing 42 ORDER REFERRING MOTION to Magistrate Judge Patricia T. Morris: #40 MOTION to Compel, #38 MOTION to Seal and #41 SEALED MOTION. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 41 SEALED MOTION Compel Discovery re #40 MOTION to Compel by Larry Jones, Richard Pratt. (Attachments: #1 Index of Exhibits, #2 Exhibit A. - Declaration of Philip L. Fraietta in Support of Plaintiffs Motion to Compel, #3 Exhibit B - Edwards v. Hearst Communications, Inc., 10/26/17 Hearing Tr.; 1:15-cv-09279, ECF No. 261, #4 Exhibit C - Edwards v. Hearst Communications, Inc., 1:15-cv-09279, ECF 40) (Miller, E.) |
Filing 40 MOTION to Compel by Larry Jones, Richard Pratt. (Attachments: #1 Index of Exhibits, #2 Exhibit A. - Declaration of Philip L. Fraietta in Support of Plaintiffs Motion to Compel, #3 Exhibit B - Edwards v. Hearst Communications, Inc., 10/26/17 Hearing Tr.; 1:15-cv-09279, ECF No. 261, #4 Exhibit C - Edwards v. Hearst Communications, Inc., 1:15-cv-09279, ECF 40) (Miller, E.) |
Filing 39 SEALED EXHIBIT re #38 MOTION to Seal by Larry Jones, Richard Pratt. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal) (Miller, E.) |
Filing 38 MOTION to Seal by Larry Jones, Richard Pratt. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3 - Filed Under Seal) (Miller, E.) |
Filing 37 Confidentiality Agreement and Stipulated PROTECTIVE ORDER. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 36 ATTORNEY APPEARANCE: Katie Gant Crane appearing on behalf of KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc. (Crane, Katie) |
Filing 35 ATTORNEY APPEARANCE: Mary Quinn Cooper appearing on behalf of KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc. (Cooper, Mary) |
Filing 34 NOTICE of Appearance by Kathy Neal on behalf of KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc.. (Neal, Kathy) |
Filing 33 ORDER Granting #32 Motion to Withdraw as Defendant's Counsel. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 32 MOTION for Withdrawal of Attorney Todd Vare, T. Joseph Wendt, Jennifer J. Stocker, Anthony C. Sallah, and Christopher V. Burtley by KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc.. (Sallah, Anthony) |
Filing 31 NOTICE of Appearance by Jonathan E. Lauderbach on behalf of KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc.. (Lauderbach, Jonathan) |
Filing 30 Case Management and Scheduling Order. Discovery due by 11/18/2022; Settlement Conference set for 7/19/2023 at 2:00 PM before District Judge Thomas L. Ludington; Dispositive Motion Cut-off set for 10/17/2023; Final Pretrial Conference set for 4/9/2024 at 2:00 PM before District Judge Thomas L. Ludington; Jury Trial set for 4/30/2024 at 8:30 AM before District Judge Thomas L. Ludington. Signed by District Judge Thomas L. Ludington. (Refer to image for additional dates) (KWin) |
Minute Entry for telephonic proceedings before District Judge Thomas L. Ludington: Telephonic Scheduling Conference held on 4/19/2022. Scheduling Order to Issue. (Court Reporter: None Present, Not on the Record) (KWin) |
Filing 29 NOTICE TO APPEAR BY TELEPHONE: Telephonic Scheduling Conference set for 4/19/2022 at 3:00 PM before District Judge Thomas L. Ludington. Counsel will Receive a Separate Email Containing Call-In Number. (KWin) |
Filing 28 NOTICE of Appearance by T. Joseph Wendt on behalf of KSE Sportsman Media, Inc., Outdoor Sportsman Group, Inc.. (Wendt, T.) |
Filing 27 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by KSE Sportsman Media, Inc. (Sallah, Anthony) |
Filing 26 ANSWER to Complaint with Affirmative Defenses by KSE Sportsman Media, Inc.. (Sallah, Anthony) |
Filing 25 ORDER to Submit Material for Case Management Order. (Short Statement Submitted to CM/ECF (PACER); Utilities; Proposed Order by 3/18/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 24 OPINION and ORDER Granting and Denying in Part Defendant's #17 Motion to Dismiss. Signed by District Judge Thomas L. Ludington. (KWin) |
TEXT-ONLY NOTICE: Motion Hearing on 2/9/2022 is Cancelled re #17 MOTION to Dismiss. Motion will be Decided by Order Without Oral Argument. (KWin) |
Filing 23 Order Amending Case Caption. Signed by District Judge Thomas L. Ludington. (TTho) |
Filing 22 REPLY to Response re #17 MOTION to Dismiss filed by Outdoor Sportsman Group, Inc.. (Stocker, Jennifer) |
Filing 21 ATTORNEY APPEARANCE: Gregory A. Mitchell appearing on behalf of All Plaintiffs (Mitchell, Gregory) |
Filing 20 RESPONSE to #17 MOTION to Dismiss PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT filed by Larry Jones, Richard Pratt. (Miller, E.) |
Filing 19 STIPULATION AND ORDER Extending Reply Deadline Re: #17 MOTION to Dismiss. (Reply due by 1/10/2022. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 18 NOTICE OF IN PERSON HEARING on #17 MOTION to Dismiss . Motion Hearing set for 2/9/2022 at 3:00 PM before District Judge Thomas L. Ludington. (KWin) |
Filing 17 MOTION to Dismiss by Outdoor Sportsman Group, Inc.. (Stocker, Jennifer) |
Filing 16 NOTICE of Appearance by Frank S. Hedin on behalf of Larry Jones, Richard Pratt. (Hedin, Frank) |
Filing 15 Stipulation and Order Lifting Stay and Briefing Schedule on Defendant's Motion. (Defendant's Motion to Dismiss due by 11/24/2021; Plaintiff's Response due by 12/23/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 14 STATUS REPORT JOINT by Larry Jones, Richard Pratt (Fraietta, Philip) |
Filing 13 Stipulation and Order to Stay Action Pending Mediation. Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 12 NOTICE of Appearance by Philip L. Fraietta on behalf of Larry Jones, Richard Pratt. (Fraietta, Philip) |
Filing 11 STIPULATION AND ORDER Extending Defendant's Response to #1 Complaint. (Response due by 9/8/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 10 NOTICE of Appearance by Todd Vare on behalf of Outdoor Sportsman Group, Inc.. (Vare, Todd) |
Filing 9 NOTICE of Appearance by Anthony C. Sallah on behalf of Outdoor Sportsman Group, Inc.. (Sallah, Anthony) |
Filing 8 STIPULATION AND ORDER to Extend Deadline for Defendant to Respond re #1 Complaint. (Response due by 8/9/2021. ) Signed by District Judge Thomas L. Ludington. (KWin) |
Filing 7 ATTORNEY APPEARANCE: Jennifer J. Stocker appearing on behalf of Outdoor Sportsman Group, Inc. (Stocker, Jennifer) |
Filing 6 ATTORNEY APPEARANCE: Christopher V. Burtley appearing on behalf of Outdoor Sportsman Group, Inc. (Burtley, Christopher) |
Filing 5 SUMMONS Issued for *Outdoor Sportsman Group, Inc.* (LGra) |
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (LGra) |
Filing 4 NOTICE of Appearance by William Kalas on behalf of All Plaintiffs. (Kalas, William) |
Filing 3 NOTICE of Appearance by Dennis A. Lienhardt on behalf of All Plaintiffs. (Lienhardt, Dennis) |
Filing 2 NOTICE of Appearance by Sharon S. Almonrode on behalf of All Plaintiffs. (Almonrode, Sharon) |
Filing 1 COMPLAINT Class Action Complaint Jury Trial Demanded filed by All Plaintiffs against Outdoor Sportsman Group, Inc. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8501171 - Fee: $ 402. County of 1st Plaintiff: Gladwin - County Where Action Arose: Gladwin - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - Outdoor Sportsman Group Inc. Masterfile Mailing List, #3 Exhibit B - Privacy: Sales, Rentals of Videos, etc., House Legislative Analysis Section, H.B. No. 5331, Jan. 20, 1989, #4 Exhibit C - The Information Marketplace: Merging and Exchanging Consumer Data (Mar. 13, 2001), #5 Exhibit D - Webs Hot New Commodity: Privacy, WSJ.com (Feb. 28, 2011), #6 Exhibit E - Statement of FTC Commissioner Pamela Jones Harbour (Dec. 7, 2009), #7 Exhibit F - Martha C. White, Big Data Knows What Youre Doing Right Now, TIME.com (July 31, 2012), #8 Exhibit G - Natasha Singer, You for Sale: Mapping, and Sharing, the Consumer Genome, N.Y. Times (June 16, 2012), #9 Exhibit H - Letter from Senator John D. Rockefeller IV, Chairman, Senate Committee on Commerce, Science, and Transportation, to Scott E. Howe, Chief Executive Officer, Acxiom (Oct. 9, 2012), #10 Exhibit I - Bipartisan Group of Lawmakers Query Data Brokers About Practices Involving Consumers Personal Information, Website of Senator Ed Markey (July 24, 2012), #11 Exhibit J - Prize Scams, Federal Trade Commission, #12 Exhibit K - Charles Duhigg, Bilking the Elderly, With a Corporate Assist, N.Y. Times, May 20, 2007, #13 Exhibit L - Fraud Against Seniors: Hearing before the Senate Special Committee on Aging (August 10, 2000), #14 Exhibit M - 2014 TRUSTe US Consumer Confidence Privacy Report, TRUSTe, #15 Exhibit N - Joshua Brustein, Start-Ups Seek to Help Users Put a Price on Their Personal Data, N.Y. Times (Feb. 12, 2012), #16 Exhibit O - Tsai, Cranor, Acquisti, and Egelman, The Effect of Online Privacy Information on Purchasing Behavior, 22(2) Information Systems Research 254, 254 (2011), #17 Exhibit P - Hann, et al., The Value of Online Information Privacy: An Empirical Investigation (Oct. 2003), #18 Exhibit Q - Californias Reader Privacy Act Signed into Law, Electronic Frontier Foundation (Oct. 3, 2011)) (Miller, E.) |
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