McVay v. Harvard Business Publishing Corporation
Plaintiff: Carlos Johnson and Timothy McVay
Defendant: Harvard Business Publishing Corporation
Case Number: 1:2022cv00802
Filed: August 31, 2022
Court: US District Court for the Western District of Michigan
Presiding Judge: Hala Y Jarbou
Referring Judge: Ray Kent
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2022 Opinion or Order Filing 23 ORDER granting oral motion; extending answer deadline to 11/2/2022; signed by Chief Judge Hala Y. Jarbou (kjw)
October 13, 2022 Filing 22 MINUTES of status conference held before Chief Judge Hala Y. Jarbou (Court Reporter: Genevieve Hamlin) (kjw)
October 12, 2022 Filing 21 FIRST AMENDED COMPLAINT with jury demand against Harvard Business Publishing Corporation filed by Timothy McVay (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q) (Hedin, Frank) Modified text on 10/13/2022 (ems).
October 12, 2022 Filing 20 CORPORATE DISCLOSURE STATEMENT by Harvard Business Publishing Corporation identifying Corporate Parent Harvard University (Smith, Whitney) Modified text on 10/13/2022 (ems).
October 12, 2022 Filing 19 ANSWER to complaint #1 with affirmative defenses by Harvard Business Publishing Corporation (Smith, Whitney) Modified text on 10/13/2022 (ems).
October 3, 2022 Filing 18 (RESTRICTED ACCESS) DOCUMENT Videoconference Information for 10/13/2022 hearing. RECORDING OR BROADCASTING OF THIS PROCEEDING IS PROHIBITED. W.D. Mich. LGenR 4.1(c)(i) and (ii). [Access to this document is available to the Court and attorney(s) for Harvard Business Publishing Corporation, Carlos Johnson only] (kjw)
September 30, 2022 Filing 17 NOTICE of status conference set for 10/13/2022 at 9:00 AM by video before Chief Judge Hala Y. Jarbou; (kjw)
September 29, 2022 Filing 16 MINUTES of status conference held before Chief Judge Hala Y. Jarbou (Court Reporter: Genevieve Hamlin) (kjw) Modified date filed on 10/3/2022 (ems).
September 29, 2022 Opinion or Order Filing 15 ORDER granting #14 motion for extension of time to answer; signed by Chief Judge Hala Y. Jarbou (kjw)
September 29, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Whitney Smith on behalf of defendant Harvard Business Publishing Corporation (Smith, Whitney)
September 28, 2022 Filing 14 UNOPPOSED MOTION for extension of time to file answer re #1 by defendant Harvard Business Publishing Corporation; (Attachments: #1 Exhibit A - Proposed Order to Extend Defendant's Time to Respond to the Complaint) (Smith, Whitney) Modified text on 9/28/2022 (ems).
September 19, 2022 Filing 13 (RESTRICTED ACCESS) DOCUMENT Videoconference Information for 9/29/2022 hearing. RECORDING OR BROADCASTING OF THIS PROCEEDING IS PROHIBITED. W.D. Mich. LGenR 4.1(c)(i) and (ii). [Access to this document is available to the Court and attorney(s) for Harvard Business Publishing Corporation, Carlos Johnson only] (kjw)
September 19, 2022 Filing 12 ATTORNEY ADMISSION LETTER sent to attorney Whitney Smith; attorney admission deadline set for 10/17/2022; (ems)
September 19, 2022 Copy of Restricted Access Court Document #13 sent via U.S. Mail to attorney Whitney Smith (ems)
September 19, 2022 Copy of Notice of Hearing #11 sent via U.S. Mail to attorney Whitney Smith (ems)
September 16, 2022 Filing 11 NOTICE of status conference set for 9/29/2022 at 10:00 AM by video before Chief Judge Hala Y. Jarbou; (aks)
September 16, 2022 Filing 9 SUMMONS returned executed; Harvard Business Publishing Corporation served on 9/7/2022, answer due 9/28/2022 (Miller, E.)
September 15, 2022 Filing 10 MINUTES of status conference; held before Chief Judge Hala Y. Jarbou (Court Reporter: Genevieve Hamlin) (aks)
September 15, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Frank S. Hedin on behalf of plaintiff Carlos Johnson (Hedin, Frank)
September 13, 2022 Filing 8 (RESTRICTED ACCESS) DOCUMENT Videoconference Information for 9/15/2022 hearing. RECORDING OR BROADCASTING OF THIS PROCEEDING IS PROHIBITED. W.D. Mich. LGenR 4.1(c)(i) and (ii). [Access to this document is available to the Court and attorney(s) for Harvard Business Publishing Corporation, Carlos Johnson only] (kjw)
September 13, 2022 Filing 7 NOTICE of status conference set for 9/15/2022 at 10:00 AM by video before Chief Judge Hala Y. Jarbou; (aks)
September 12, 2022 Opinion or Order Filing 6 ADMINISTRATIVE ORDER No. 22-CA-077 that this case is reassigned to Chief Judge Hala Y. Jarbou for all further proceedings; signed by Chief Judge Hala Y. Jarbou (ems)
September 1, 2022 Filing 5 NOTICE of Cognate Case by plaintiff Carlos Johnson (Miller, E.)
September 1, 2022 Filing 4 SUMMONS ISSUED as to defendant Harvard Business Publishing Corporation (ems)
September 1, 2022 Filing 3 PROPOSED SUMMONS to be issued re #1 (Miller, E.)
September 1, 2022 Filing 2 NOTICE that this case has been assigned Robert J. Jonker (ems)
September 1, 2022 SUMMONS NOT ISSUED as to defendant Harvard Business Publishing Corporation (proposed summons not provided by filing party) (ems)
September 1, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Philip L. Fraietta on behalf of plaintiff Carlos Johnson (Fraietta, Philip)
September 1, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph I. Marchese on behalf of plaintiff Carlos Johnson (Marchese, Joseph)
September 1, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Sharon S. Almonrode on behalf of plaintiff Carlos Johnson (Almonrode, Sharon)
September 1, 2022 (NON-DOCUMENT) ATTORNEY APPEARANCE of Gregory A. Mitchell on behalf of plaintiff Carlos Johnson (Mitchell, Gregory)
August 31, 2022 Filing 1 COMPLAINT with jury demand against Harvard Business Publishing Corporation filed by Carlos Johnson (Attachments: #1 Index, #2 Exhibit A-Harvard Business Review - Active Subscribers 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-Web's 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 You're 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-European Network and Information Security Agency, Study on monetising privacy (Feb. 27, 2012), #17 Exhibit P-Hann, et al., The Value of Online Information Privacy: An Empirical Investigation (Oct. 2003), #18 Exhibit Q-California's Reader Privacy Act Signed into Law, Electronic Frontier Foundation (Oct. 3, 2011)) (Miller, E.)
August 31, 2022 FILING FEE PAID re #1 by plaintiff Carlos Johnson in the amount of $402, receipt number AMIWDC-6832378 (Miller, E.)

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Plaintiff: Carlos Johnson
Represented By: E. Powell Miller
Represented By: Frank S. Hedin
Represented By: Gregory A. Mitchell
Represented By: Joseph I. Marchese
Represented By: Philip L. Fraietta
Represented By: Sharon S. Almonrode
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Plaintiff: Timothy McVay
Represented By: Gregory A. Mitchell
Represented By: Frank S. Hedin
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Defendant: Harvard Business Publishing Corporation
Represented By: Whitney Smith
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