T-Mobile USA, Inc. v. Yoak et al
| T-Mobile Central, LLC |
| Jamie D. Yoak, Gregory Fernandez, Mega Financial, Inc., Virginia Yoak and James Yoak |
| 4:2010cv02244 |
| December 1, 2010 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Audrey G Fleissig |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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| Filing 199 TRANSCRIPT proceedings of Preliminary Injunction Hearing held on July 15, 2011 before Judge Fleissig. Court Reporter/Transcriber Patti Dunn Wecke, Patti_Dunn_Wecke@moed.uscourts.gov, 314-244-7984. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013. (KXS) |
| ***REMARK The court attempts delivery of the courts order dated 3/30/12 #197 by other means than United States Postal Service at 3408 Sun Bear Court Wentzville, MO 63385 (JWJ) |
| Filing 198 Mail Returned as Undeliverable. Mail sent to Jamie D. Yoak. Returned document(s): #197 Judgment - (Case). Could not verify new address and mail was not resent. (KSM) |
| Filing 197 FINAL JUDGMENT And PERMANENT INJUNCTION -....IT IS HEREBY ORDERED that Defendant Jamie D. Yoak is immediately, permanently and forever enjoined from: {see order for complete details} ...IT IS FURTHER ORDERED that any telephone call, text message, email, or other communication, correspondence, or contact of any kind initiated by or at the direction of Defendant Jamie Yoak to any T-Mobile employee, customer care center, office, retail store, or other facility is and shall be deemed a presumptive violation of this permanent injunction. IT IS FURTHER ORDERED that the Court retains jurisdiction over this matter and the parties to this action to enforce any violation of the terms of this Permanent Injunction by a finding of contempt and an order for payment of compensatory damages to T-Mobile in an amount of $10,000 for each T-Mobile telephone number that Defendant Jamie Yoak is found to have ported, purchased, sold or tampered with in any way in violation of this Injunction, and for an order for payment of compensatory damages to T -Mobile in an amount of $5,000 for each unauthorized telephone call, text message, email or other communication or correspondence initiated by Defendant Jamie Yoak to T-Mobile in violation of this Injunction. The Court finds that these amounts are compensatory and will serve to compensate T-Mobile for its losses in the event Defendant Jamie Yoak violates the terms of this Injunction. IT IS FURTHER ORDERED that each party in this case shall bear their own attorneys' fees and costs, however, the prevailing party in any proceeding to enforce compliance with the terms of this Permanent Injunction shall be entitled to an award of its attorneys' fees and costs incurred hereby. IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE as to Defendants Virginia Yoak and James Yoak. IT IS FURTHER ORDERED that Defendants have waived any right of appeal from the entry of this Final Judgment. IT IS FURTHER ORDERED, pursuant to Fed.R.Civ.P 54(b), that there is no just reason for delay and Judgment shall be entered as set forth herein. The address of Defendant Jamie D. Yoak is 3408 Sun Bear Court, Wentzvill, Missouri 63385. The address of Defendants Virginia E. Yoak and James D. Yoak is 126 Peaceful Meadow Court, Lake Saint Louis, Missouri 63367. The address of Plaintiff T-Mobile USA,Inc. is 12920 S.E. 38th Street, Bellevue, Washington 98006.. Signed by Honorable Audrey G. Fleissig on 3/30/2012. (MRC) |
| ***REMARK - Copy of Final Judgment And Permanent Injunction #197 mailed to defendants Jamie D. Yoak, Virginia E. Yoak,James D. Yoak and to plaintiff T-Mobile USA, Inc. at their address indicated in Document 197. (MRC) |
| Filing 196 STIPULATION for Entry of Final Judgment and Permanent Injunction by Plaintiff T-Mobile USA, Inc., Defendants James Yoak, Jamie D. Yoak, Virginia Yoak. (Attachments: #1 Exhibit A - Proposed FJ & PI)(Baldinger, James) |
Filing 195
ORDER IT IS HEREBY ORDERED that Defendant's motion for appointment of a pro bono neutral is DENIED. (Doc. No. 143.) IT IS FURTHER ORDERED that, in light of the filing by Plaintiff of its First Amended Complaint on March 13, 2012, Plaintiff's motion for summary judgment addressed to Plaintiff's initial complaint is DENIED as moot without prejudice to the filing of a new motion for summary judgment, by incorporation of otherwise, addressing the First Amended Complaint. (Doc. No. 149.) Signed by Honorable Audrey G. Fleissig on 3/27/2012. (NCL)
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Filing 194
ORDER Upon oral representation to the Court by counsel for Plaintiff that Plaintiff's motion for prejudgment attachment (Doc. No. 157) is moot, IT IS HEREBY ORDERED that Plaintiff's motion for prejudgment attachment is DENIED as moot. (Doc. No. 157.) Signed by Honorable Audrey G. Fleissig on 3/27/2012. (NCL)
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| Filing 193 NOTICE Withdrawn Funds: by Plaintiff T-Mobile USA, Inc. re #157 MOTION for Leave to file Motion for Prejudgment Attachment, #192 Memorandum & Order, (Baldinger, James) |
| Filing 192 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff shall have ten days from the date of this Order to deposit a bond with the Court, as required by Missouri law. Upon such compliance, the motion for prejudgment attachment shall be granted. Absent such action, the motion shall be denied. Response to Court due by 3/26/2012. Signed by Honorable Audrey G. Fleissig on 3/15/2012. (KSM) |
| Filing 191 FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF AND JURY DEMAND against defendant Jamie D. Yoak ,adding defendant Virginia Yoak, and James Yoak filed by T-Mobile USA, Inc. {No summons or waivers issued} (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(KSM) [Docket text modified. Modified on 3/14/2012 (MRC). |
| Filing 190 MEMORANDUM & ORDER:IT IS HEREBY ORDERED that Plaintiff's motion for leave to file an amended complaint is GRANTED. (Doc. No. 180). IT IS FURTHER ORDERED that the Clerk's Office shall detach the proposed amended complaint (Doc. No. 180-3) that was filed as Exhibit C to the motion for leave, and docket it as Plaintiff's Amended Complaint, deemed filed as of this date. Signed by Honorable Audrey G. Fleissig on 3/13/2012. (KSM) |
| Filing 189 RETURN LETTER from clerk to Jamie D. Yoak re: letters to the court. Parties represented by counsel can only communicate with the court through counsel (JWJ) |
| Filing 188 MEMORANDUM in Support of Motion re #157 MOTION for Prejudgment Attachment in response to Virginia Yoak's due process arguments filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 187 POST HEARING BRIEF on Motion For Prejudgment Attachment by Defendant Jamie D. Yoak. (Howard, Raymond) [Docket text modified. Modified on 2/22/2012 (MRC).] |
| Filing 186 CLERK'S Exhibit List re: February 15, 2012 Motion For Prejudgment Attachment Hearing(MRC) |
| Filing 185 CLERK'S WITNESS LIST re: February 15, 2012 Motion For Prejudgment Attachment Hearing(MRC) |
| Filing 184 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Motion Hearing held on 2/15/2012. Parties present for hearing on Plaintiff's MOTION For Prejudgment Attachment [Doc. 157]. Motion heard and argued. Testimony heard. The Court orders counsel to file Post-Hearing Briefs on the Motion For Prejudgment Attachment by February 22, 2012. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (MRC) |
| Filing 183 REPLY to Response to Motion re #180 MOTION for Leave to File Amended Complaint filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 182 Response to Plaintff's Motion to Amend Complaint. (Howard, Raymond) Attorney filing error. Modified on 2/13/2012 (KSM). |
| Filing 181 NOTICE Serving Subpoena for Deposition Duces Tecum: by Plaintiff T-Mobile USA, Inc. (Sutton, Stacey) |
| Filing 180 MOTION for Leave to File Amended Complaint by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A - Email correspondence, #2 Exhibit B - Email correspondence, #3 Exhibit C - Proposed Amended Complaint)(Baldinger, James) |
| Filing 179 REPLY to Response to Motion re #149 MOTION for Summary Judgment filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
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Filing 178
ORDER denying #145 Motion to Compel. IT IS HEREBY ORDERED that Plaintiff's motion to compel production of documents is DENIED as moot without prejudice to Plaintiff's right to file another such motion should that become necessary. (Doc. No. 145). Signed by Honorable Audrey G. Fleissig on 1/23/2012. (KSM)
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| Filing 177 REPLY to Response to Motion re #145 MOTION to Compel Jamie Yoak to Produce Documents Responsive to T-Mobile's Second Set of Requests for Production filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A)(Baldinger, James) |
| Filing 176 REPLY to Response to Motion re #157 MOTION for Prejudgment Attachment filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 175 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Status Conference held on 1/19/2012. The Court and parties discuss the pending motions in the case. Motion for extension of time to answer motion to compel and motion for summary judgment (#154) denied as moot and a separate order will NOT be prepared. The hearing on the Motion for Prejudgment (Doc. #157) and Appointment of Pro Bono Neutral (Doc. #143) to be held on February 15, 2012 at 9:30 a.m. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (KSM) |
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Filing 174
ORDER IT IS HEREBY ORDERED that the Court shall hold a status conference in this case on Thursday, January 19, 2012, at 11:00 a.m., the date mediation had been scheduled. Topics to be discussed shall include setting a date for an evidentiary hearing on Plaintiff's motion for prejudgment attachment, and rescheduling the mediation conference. Depending on the outcome of the evidentiary hearing, the Court will determine whether, due to financial hardship, Plaintiff should be relieved of her obligation to pay her share of the mediation. Counsel may participate in the status conference telephonically upon notification to the Court no later than 9:00 a.m. on theday of the conference. Status Conference set for 1/19/2012 11:00 AM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 1/17/2012. (NCL)
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| Filing 173 ADR COMPLIANCE REPORT by Neutral: Sher, Richard P.. Although this case was referred to ADR, a conference WAS NOT HELD over the plaintiff's objection. The defendant refused to participate advising that she could not afford to do so. (MRC) Modified on 7/25/2012 (LSD). |
| Filing 172 STATEMENT of Material Facts re #149 MOTION for Summary Judgment filed by Defendant Jamie D. Yoak. (Attachments: #1 affidavit of yoak)(Howard, Raymond) |
| Filing 171 MEMORANDUM in Opposition re #149 MOTION for Summary Judgment filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 170 RESPONSE to Motion re #149 MOTION for Summary Judgment filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 169 MEMORANDUM in Opposition re #157 MOTION for Prejudgment Attachment filed by Defendant Jamie D. Yoak. (Attachments: #1 affidavit of Yoak, #2 Exhibit B)(Howard, Raymond) (Main Document 169 replaced on 1/12/2012) (JWJ). (Main Document 169 replaced on 1/12/2012) (JWJ). |
| Filing 168 RESPONSE to Motion re #157 MOTION For Prejudgment Attachment filed by Defendant Jamie D. Yoak. (Howard, Raymond) (Main Document 168 replaced on 1/12/2012) (JWJ). (Main Document 168 replaced on 1/12/2012) (JWJ). |
| Filing 167 NOTICE by Defendant Jamie D. Yoak exchange list for participants adr conference. (Howard, Raymond) |
| Filing 166 RESPONSE to Motion re #145 MOTION to Compel Jamie Yoak to Produce Documents Responsive to T-Mobile's Second Set of Requests for Production filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 165 REPLY to Response to Motion re #143 MOTION for Pro Bono Neutral filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 164 MEMORANDUM re #163 Response to Motion for attachment by Counter Claimant Jamie D. Yoak, Defendant Jamie D. Yoak. (Attachments: #1 Affidavit, #2 Exhibit B)(Howard, Raymond) |
| Filing 163 RESPONSE to Motion re #157 MOTION for Leave to file Motion for Prejudgment Attachment filed by Defendant Jamie D. Yoak. (Howard, Raymond) [Attorney filing error. Document attached to this filing is a duplicate of Document #166. Attorney contacted regarding the filing error and instructed to file the appropriate document. Modified on 1/11/2012 (MRC).] |
| Filing 162 MEMORANDUM in Opposition re #154 First MOTION for Extension of Time to Complete Discovery Memorandum in Opposition to Defendant's Motion for Extension of Time to Answer Motion to Compel and Motion for Summary Judgment, filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Baldinger, James) |
| Filing 161 NOTICE Exchanging List of Participants for ADR Conference: by Plaintiff T-Mobile USA, Inc. (Baldinger, James) |
| Filing 160 MEMORANDUM in Opposition re #152 First MOTION to Compel production of documents filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 159 MEMORANDUM in Opposition re #143 MOTION for Pro Bono Neutral filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A - Correspondence from Neutral Richard Sher, #2 Exhibit B - Payment by T-Mobile of Pro-Rata Share of Neutral Retainer)(Baldinger, James) |
| Filing 158 MEMORANDUM in Support of Motion re #157 MOTION for Prejudgment Attachment filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baldinger, James) Modified docket text on 12/29/2011 (NCL). |
| Filing 157 MOTION for Prejudgment Attachment by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Text of Proposed Order)(Baldinger, James) Modified docket text on 12/29/2011 (NCL). |
| Filing 156 NOTICE Serving Motion for Prejudgment Attachment on Regions Bank, Inc.: by Plaintiff T-Mobile USA, Inc. (Baldinger, James) |
| Filing 155 NOTICE Intent to Serve Subpoena: by Plaintiff T-Mobile USA, Inc. (Attachments: #1 Exhibit A-Subpoena)(Baldinger, James) |
| Filing 154 MOTION For Extension of Time To Answer Motion To Compel and Motion For Summary Judgment by Defendant Jamie D. Yoak. (Howard, Raymond) [Attorney filing error. Document entered into the record incorrectly. Docket text has been modified appropriately. Modified on 12/29/2011 (MRC).] |
| Filing 153 MEMORANDUM in Support of Motion re #152 First MOTION to Compel production of documents filed by Defendant Jamie D. Yoak. (Attachments: #1 attachment 1, #2 attachment 2)(Howard, Raymond) |
| Filing 152 First MOTION to Compel production of documents by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 151 Docket Text ORDER: Re: #148 MOTION for Leave to File Additional Pages by Plaintiff T-Mobile USA, Inc. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Memorandum of Law in Support of Motion for Summary Judgment)(Baldinger, James), filed by T-Mobile USA, Inc. ; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on December 23, 2011. (AGF) |
| Filing 150 STATEMENT of Material Facts re #149 MOTION for Summary Judgment filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part 1, #3 Exhibit 2 - Part 2, #4 Exhibit 2 - Part 3, #5 Exhibit 2 - Part 4, #6 Exhibit 2 - Part 5, #7 Exhibit 2 - Part 6, #8 Exhibit 2 - Part 7, #9 Exhibit 3, #10 Exhibit 4 - Part 1, #11 Exhibit 4 - Part 2, #12 Exhibit 4 - Part 3, #13 Exhibit 5, #14 Exhibit 6, #15 Exhibit 7, #16 Exhibit 8)(Baldinger, James) |
| Filing 149 MOTION for Summary Judgment by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 148 MOTION for Leave to File Additional Pages by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Memorandum of Law in Support of Motion for Summary Judgment)(Baldinger, James) |
| Filing 147 NOTICE filing Proposed Order Granting Plaintiff's Motion to Compel Jamie Yoak to Produce Documents Responsive to Second Set of Requests for Production: by Plaintiff T-Mobile USA, Inc. re #145 MOTION to Compel Jamie Yoak to Produce Documents Responsive to T-Mobile's Second Set of Requests for Production, #146 Memorandum in Support of Motion, (Baldinger, James) |
| Filing 146 MEMORANDUM in Support of Motion re #145 MOTION to Compel Jamie Yoak to Produce Documents Responsive to T-Mobile's Second Set of Requests for Production filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baldinger, James) |
| Filing 145 MOTION to Compel Jamie Yoak to Produce Documents Responsive to T-Mobile's Second Set of Requests for Production by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 144 FINANCIAL AFFIDAVIT - CJA 23 by Counter Claimant Jamie D. Yoak, Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 143 MOTION for Pro Bono Neutral by Counter Claimant Jamie D. Yoak, Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 142 NOTICE of Appointment of Neutral Neutral name: Richard Sher Neutral selected by Parties (enotification to neutral)(LSD) |
| Filing 141 Designation of Neutral by parties and ADR Conference Report by Plaintiff T-Mobile USA, Inc. Neutral: Richard P. Sher Date of Conference: January 19, 2012 time: 9:00 a.m. Location: Sher Corwin, LLC(Baldinger, James) |
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Filing 140
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: James B. Baldinger ADR Completion Deadline due by 1/31/2012. Designation of Neutral due by 12/19/2011. ADR Conference Schedule due by 12/19/2011. Signed by Honorable Audrey G. Fleissig on 11/30/2011. (NCL)
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| Filing 139 NOTICE Mediation: by Plaintiff T-Mobile USA, Inc. (Baldinger, James) |
| Filing 138 NOTICE by Plaintiff T-Mobile USA, Inc. of Filing Redacted Exhibits Originally Filed Under Seal at the July 15, 2011 Hearing (Attachments: #1 Exhibit P-2, #2 Exhibit P-3a, #3 Exhibit P-3b, #4 Exhibit P-3c, #5 Exhibit P-3d, #6 Exhibit P-3e, #7 Exhibit P-3f, #8 Exhibit P-3g, #9 Exhibit P-3h, #10 Exhibit P-3i, #11 Exhibit P-3j, #12 Exhibit P-3k, #13 Exhibit P-3l, #14 Exhibit P-3m, #15 Exhibit P-3n, #16 Exhibit P-3o, #17 Exhibit P-3p, #18 Exhibit P-3q, #19 Exhibit P-3r, #20 Exhibit P-3s, #21 Exhibit P-3t, #22 Exhibit P-3u, #23 Exhibit P-3v, #24 Exhibit P-3w, #25 Exhibit P-3x, #26 Exhibit P-3y, #27 Exhibit P-3z, #28 Exhibit P-3aa, #29 Exhibit P-3bb, #30 Exhibit P-3cc, #31 Exhibit P-3dd, #32 Exhibit P-3ee, #33 Exhibit P-3ff, #34 Exhibit P-3gg, #35 Exhibit P-3hh, #36 Exhibit P-3ii, #37 Exhibit P-3jj, #38 Exhibit P-3kk, #39 Exhibit P-3ll, #40 Exhibit P-3mm, #41 Exhibit P-3nn, #42 Exhibit P-3oo, #43 Exhibit P-3pp)(Baldinger, James) |
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Filing 137
ORDER -.....IT IS HEREBY ORDERED that Defendant's Motion For Protective Order shall be denied without prejudice. (Doc. No. 131) IT IS FURTHER ORDERED that should Defendant renew her motion, she must file a form of proposed protective order and set out the nature of any dispute between the parties on the matter.. Signed by Honorable Audrey G. Fleissig on 10/7/2011. (MRC)
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| Filing 136 Docket Text ORDER: IT IS HEREBY ORDERED that this Court's Order of October 7, 2011 [Doc. #135], denying the motino for protective order, is hereby VACATED, and a new Order shall be filed. Signed by Honorable Audrey G. Fleissig on October 7, 2011. (AGF) |
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Filing 135
ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Protective Order shall be denied without prejudice. (Doc. No. 118.) IT IS FURTHER ORDERED that should Plaintiff renew her motion, she must file a proposed protective order and set out the nature of any dispute between the parties on the matter. denying #131 Motion for Protective Order Signed by Honorable Audrey G. Fleissig on 10/7/11. (JWJ)
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Filing 134
ORDER This matter is before the Court on the Motion for Protective Order filed by Plaintiff (Doc. #131). As agreed at the Rule 16 Conference, the parties shall confer and attempt to reach an agreement with respect to the terms of a protective order, and shall file a proposed protective order on or before October 5, 2011. If the parties are unable to agree on the terms of a protective order, they shall each clearly set out the nature of the dispute and the language of their proposed terms on or before that same date. Signed by Honorable Audrey G. Fleissig on 9/15/2011. (NCL)
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| Filing 133 CASE MANAGEMENT ORDER - Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the Differentiated Case Management Program of the United States District Court of the Eastern District of Missouri, and the Rule 16 Conference held on September 14, 2011. IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances: {see Order for complete details/deadlines}.... This case is assigned to Track: 2(Standard) Discovery Completion due by 4/20/2012. ADR Future Reference 11/30/2011. Dispositive Motions due by 5/18/2012. Jury Trial set for 9/24/2012 09:00 AM before Honorable Audrey G. Fleissig.. Signed by Honorable Audrey G. Fleissig on 9/14/2011. (MRC) |
| Filing 132 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Rule 16 Conference held on 9/14/2011. Conference held. Attorney for plaintiff via phone. Attorney for defendant in person. Case Management Order to issue. (Court Reporter:None.) (FTR Gold: No.) (MRC) |
| Filing 131 MOTION for Protective Order by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 130 JOINT SCHEDULING PLAN by Plaintiff T-Mobile USA, Inc... (Baldinger, James) |
| Filing 129 RULE 16 ORDER This case is assigned to Track: 2-Standard Joint Scheduling Plan due by 9/7/2011. Rule 16 Conference set for 9/14/2011 02:30 PM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 8/1/11. (KJS) |
| Filing 128 MEMORANDUM AND ORDER ENTERING A PRELIMINARY INJUNCTION - IT IS HEREBY ORDERED that Plaintiffs motion for a preliminary injunction against Defendant Jamie Yoak is GRANTED. [Doc. #5 ] IT IS FURTHER ORDERED that Defendant Jamie D. Yoak is immediately enjoined from: (a) accessing, altering, changing, or modifying any T-Mobile account, without authority; (b) purchasing, porting, or using in any improper way, any telephone number of a T-Mobile customer;(c) communicating with T-Mobile, its customers, or any other telecommunications company for the purpose of accessing or altering a T-Mobile customers account, porting a telephone number related to a T-Mobile customer without authority, or otherwise perpetrating a fraud or deception of any kind involving T-Mobile or a T-Mobile customer; (d) accessing T-Mobiles computers through any means, including but not limited to statements to T-Mobile customer service representatives intended to cause them to access T-Mobile computers, online account access via the internet, and calls to T-Mobiles telephone automated systems; (e) using or encouraging others to use false names and/or identities or posing as a T-Mobile customer in any communications to, with, or regarding T-Mobile; (f) making or encouraging others to make representations that Yoak is affiliated in any way with T-Mobile; and(g) assisting any other person to engage in any conduct prohibited by this Preliminary Injunction. IT IS FURTHER ORDERED that T-Mobile is not required to post a bond in connection with this Preliminary Injunction. IT IS FURTHER ORDERED that any violation of the terms of this Preliminary Injunction is punishable by, among other things, a finding of contempt of court. Signed by Honorable Audrey G. Fleissig on 7/29/11. (KJS) |
| Filing 127 NOTICE Filing Cross Designations for the June 10, 2011 Deposition of Richard Nichol: by Plaintiff T-Mobile USA, Inc. re #122 Motion Hearing,,, (Baldinger, James) |
| Filing 126 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to dismiss Defendant Jamie Yoaks counterclaims is GRANTED. [Doc. #101] re: #101 MOTION to Dismiss :Counterclaim filed by Counter Defendant T-Mobile USA, Inc. Signed by Honorable Audrey G. Fleissig on 7/18/11. (JWJ) |
| Filing 125 PROTECTIVE ORDER IT IS ORDERED AND ADJUDGED: that the following provisions of this Protective Order (hereafter the "Order") shall control the disclosure, dissemination, and use of confidential information in the Lawsuit: 1. Scope of Order. This Order shall govern the production, use, and disclosure of all information and materials produced by the Parties in response to any discovery request in this action (including but not limited to documents, interrogatory answers, responses to requests to admit and deposition transcripts and exhibits), all information contained in those materials, and all copies, excerpts, or summaries of those materials (collectively,"Discovery Material").... SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Audrey G. Fleissig on 7/15/2011. (NCL) |
| Filing 124 Clerk's Exhibit List from the 7/15/2011 Preliminary Injunction Hearing.(NCL) |
| Filing 123 Clerk's Witness List from the 7/15/2011 Preliminary Injunction Hearing. (NCL) |
| Filing 122 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Motion Hearing held on 7/15/2011 re #5 MOTION for Preliminary Injunction filed by T-Mobile USA, Inc.. The Court grants the plaintiff's Motion for Protective Order (Doc. #118). Order to follow. The Court hears evidence and testimony on the Plaintiff's Motion for Preliminary Injunction. After hearing evidence and testimony of both parties, the Court takes the plaintiff's Motion for Preliminary Injunction under submission as submitted. The Plaintiff is given till 7/22/2011 to offer cross deposition designations of the Richard Nichol deposition. At the close of the hearing, the plaintiff ask the Court to enter Judgment on the merits on all counts on their behalf, to enter an Order of Final/Permanent Injunction against defendant Jamie Yoak and refer case to the US Attorney. (Court Reporter:Patti Dunn Wecke.) (FTR Gold: No.) (NCL) |
| Filing 121 SUBPOENA of For Appearance at 7/15/11 Hearing Returned Unexecuted/Non-Served as to Virginia Yoak. (Baldinger, James) |
| Filing 120 ENTRY of Appearance by John J. Schoemehl for Plaintiff T-Mobile USA, Inc., Counter Defendant T-Mobile USA, Inc.. (Schoemehl, John) |
| Filing 119 MEMORANDUM in Support of Motion re #118 MOTION for Protective Order filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 118 MOTION for Protective Order by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A)(Baldinger, James) |
| Filing 117 [PROPOSED] Preliminary Injunction Against Defendant Jamie E. Yoak by Plaintiff T-Mobile USA, Inc. re #100 Order,, (Attachments: #1 Exhibit A - Proposed Preliminary Injunction Order)(Baldinger, James) [Docket text modified. Modified on 7/13/2011 (MRC).} |
| Filing 116 EXHIBIT A -Redacted Designations From Deposition Of Jamie Yoak re #112 by Plaintiff T-Mobile USA, Inc.. (MRC) |
| Filing 115 Docket Text ORDER Re: #113 Emergency MOTION to Seal Document #112 Exhibit List, and Replace with Redacted Version by Plaintiff T-Mobile USA, Inc.. (Attachments: # 1 Exhibit A - Redacted Designations from Deposition of Jamie Yoak)(Baldinger, James) filed by T-Mobile USA, Inc.; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 11, 2011. (SAA) |
| Filing 114 MEMORANDUM in Support of Motion re #113 Emergency MOTION to Seal Document #112 Exhibit List, and Replace with Redacted Version filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 113 Emergency MOTION to Seal Document #112 Exhibit List, and Replace with Redacted Version by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A - Redacted Designations from Deposition of Jamie Yoak)(Baldinger, James) |
| Filing 112 Exhibit List , Witness List, and Designations of Deposition, Interrogatory Answers, and Requests for Admission to be Offered into Evidence by Plaintiff T-Mobile USA, Inc... (Attachments: #1 Exhibit A - Designations from Jamie Yoak Deposition, #2 Exhibit B - Designations from Greg Fernandez Deposition, #3 Exhibit C - Designations from Virginia Yoak Deposition)(Baldinger, James) [Exhibit A to this document contains personal identifiers and the viewing of Exhibit A has been "SEALED". The attorney has sought leave to file a readacted version of Exhibit A. Modified on 7/11/2011 (MRC).] |
| Filing 111 TRIAL BRIEF WITH PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 110 RESPONSE TO COURT ORDER Defendant Yoak's Reponse to Pre-trial Order by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 109 Docket Text ORDER: Re: #107 Emergency MOTION for Protective Order and to Strike Certain Portions of the Deposition Transcript of T-Mobile's Corporate Representative by Plaintiff T-Mobile USA, Inc. (Baldinger, James), filed by T-Mobile USA, Inc. ; ORDERED GRANTED. Finding that the address of the Rule 30(b)(6) deponent is irrelevant, and could be subject to misuse, the address of the corporate representative shall be stricken from the deposition transcript. Further, counsel for Defendant Yoak shall not disclose the address to Ms. Yoak or to any other person, and Defendant Yoak shall not be permitted to examine the deposition transcript until the home address of the deponent is removed from the transcript. Signed by Honorable Audrey G. Fleissig on June 17, 2011. (AGF) |
| Filing 108 MEMORANDUM in Support of Motion re #107 Emergency MOTION for Protective Order and to Strike Certain Portions of the Deposition Transcript of T-Mobile's Corporate Representative filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 107 Emergency MOTION for Protective Order and to Strike Certain Portions of the Deposition Transcript of T-Mobile's Corporate Representative by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 106 JOINT SCHEDULING PLAN by Plaintiff T-Mobile USA, Inc.. and JOINT REPORT ON RULE 26(F) CONFERENCE. (Baldinger, James) |
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Filing 105
ORDER NOTICE TO COUNSEL REGARDING DEPOSITION OF JAMIE YOAK The parties are hereby advised that Jamie Yoak has delivered a letter to the Court, with attachments, suggesting that she cannot appear for her deposition, which is apparently scheduled for June 9, 2011. The Court cannot receive the letter for filing, as Ms. Yoak is represented by counsel. Counsel for Ms. Yoak is directed to advise her that she can only communicate with the Court through counsel. Ms. Yoak's letter is being sent, by email, to her counsel for his consideration. Counsel are advised that they may wish to confer immediately with respect to the scheduled deposition. Signed by Honorable Audrey G. Fleissig on 6/8/11. (JWJ)
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| Filing 104 REPLY (to termed motion) re #8 MOTION for Leave to Motion to Preserve Evidence filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 103 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 102 MEMORANDUM in Support of Motion re #101 MOTION to Dismiss :Counterclaim filed by Counter Defendant T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 101 MOTION to Dismiss :Counterclaim by Counter Defendant T-Mobile USA, Inc.. (Baldinger, James) |
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Filing 100
ORDER - IT IS HEREBY ORDERED that this matter is set for a hearing on Friday, July 15, 2011, at 9:00 a.m. in Courtroom No. 12-S on the issue of whether a preliminary injunction should be entered, pursuant to the Motion for Preliminary Injunction filed by Plaintiff. IT IS FURTHER ORDERED that the parties shall proceed with the depositions of Jamie Yorke and Richard Nichol on June 9 and June 10, 2011. IT IS FURTHER ORDERED that on or before July 8, 2011, the parties shall.... See order for full details. Signed by Honorable Audrey G. Fleissig on 6/1/11. (KJS)
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| Filing 99 RESPONSE to Motion re #8 MOTION for Leave to Motion to Preserve Evidence filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 98 RESPONSE to Motion re #5 MOTION for Preliminary Injunction by Plaintiff T-Mobile USA, Inc. filed by Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 97 Docket Text ORDER: A telephone status conference is scheduled for Wednesday, June 1, 2011 at 11:15 a.m. The court will originate the call. Signed by Honorable Audrey G. Fleissig on May 26, 2011. (SAA) |
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Filing 96
ORDER - IT IS HEREBY ORDERED that defendant Jamie Yoak's motion (Doc. #94) for extensions of time to respond to discovery requests and motions is GRANTED in part and DENIED in part, as follows: Defendant Yoak shall have up to and including May 31, 2011, to respond to all pending discovery requests. A conference call will be initiated by the Court to discuss a schedule for addressing Plainitff's motion for preliminary injunction. ( Response to Court due by 5/31/2011.). Signed by Honorable Audrey G. Fleissig on 5/16/2011. (MRC)
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| Filing 95 MEMORANDUM in Opposition re #94 MOTION for Extension of Time to File Response/Reply plaintiff's interrogatorie, request toproduce, motion for preliminary injunction and to preserve evidence filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 94 MOTION for Extension of Time to File Response/Reply plaintiff's interrogatorie, request toproduce, motion for preliminary injunction and to preserve evidence by Counter Claimant Jamie D. Yoak, Defendant Jamie D. Yoak. (Howard, Raymond) |
| Filing 93 COUNTERCLAIM against plaintiff T-Mobile USA, Inc. NONE Summons(es) issued, Waivers issued NONE, Consents issued NONE, jury demand,, filed by Jamie D. Yoak.(Howard, Raymond) |
| Filing 92 ANSWER to #1 Complaint, by Jamie D. Yoak.(Howard, Raymond) |
| Filing 91 ENTRY of Appearance by Raymond Howard, Jr for Defendant Jamie D. Yoak. (Howard, Raymond) |
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Filing 90
ORDER In light of the Proof of Service filed on April 25, 2011, with respect to service upon Defendant Jamie Yoak on April 23, 2011, the following motions are DENIED as moot: Plaintiff's motion for a permanent injunction and final judgment against Defendant Yoak [Doc. #43]; Plaintiff's motion to compel Defendant Yoak to appear for deposition and respond to discovery and for sanctions [Doc. #71]; Defendant Yoak's motion to quash service or process [Doc. #75]; Defendant Yoak's motion to compel [Doc. #80]; and Defendant Yoaks motion to quash service of the Court's Memorandum and Order of April 4, 2011 [Doc. #81]. Signed by Honorable Audrey G. Fleissig on 4/27/2011. (NCL)
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ORDER RECEIPT: (see receipt) Docket No: 90 forwarded to those parties not electronically notified. Wed Apr 27 12:32:04 CDT 2011 (NCL).
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| Filing 89 MOTION for Evidentiary Hearing on Motion for Preliminary Injuction; NOTICE by Plaintiff T-Mobile USA, Inc. Summons Returned Executed on Defendant Jamie D. Yoak (Baldinger, James) (**Attoney filed as a "Notice". Court has corrected event to reflect the proper motion event**) Modified on 4/26/2011 (KJS). |
| Filing 88 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Jamie D. Yoak served on 4/23/2011, answer due 5/16/2011. (Baldinger, James) |
| Filing 87 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Telephone Conference held on 4/20/2011. Parties present for telephone conference regarding service issues. Plaintiff agrees to serve, and Defendant agrees to accept service, on Saturday, April 23, 2011 at 4:00 p.m. Plaintiff shall provide notice to the Court that Defendant has been served, and Defendant shall file a response to the Complaint within 21 days of service. (FTR Gold: No.) (NCL) |
| Filing 86 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Telephone Conference held on 4/19/2011. - On April 19, 2011, the Court spoke with counsel for the parties, and with Ms Yoak(pro se defendant), who all agreed to participate in a conference call on April 20 at 2:30 pm and confirmed their availability at that date and time. (FTR Gold: No.) (MRC) |
| Filing 85 RESPONSE TO COURT ORDER by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
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Filing 84
ORDER The court will hold a brief conference call with all parties or counsel of record on April 20, 2011 at 2:30 p.m. Telephone Conference set for 4/20/2011 02:30 PM before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 4/19/2011. (NCL)
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ORDER RECEIPT: (see receipt) Docket No: 84 forwarded to those parties not electronically notified. Tue Apr 19 15:09:00 CDT 2011 (NCL).
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| Filing 83 RETURN LETTER from Clerk to Non-Party Virginia Yoak re: Documents received by mail on April 13 and 14, 2011. (MRC) |
| Filing 82 SUPPLEMENTAL Motion To Quash Service re #81 MOTION to Quash Service on Document 70 by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 81 MOTION to Quash Service on Document 70 by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 80 MOTION to Compel Captured Investigative Agency to Provide Evidence by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 79 RESPONSE TO COURT ORDER( - re #70 Memorandum & Order, by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
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Filing 78
ORDER - IT IS HEREBY ORDERED that the time granted in this Courts Order dated April 4, 2011 (Doc. #70) to Defendant Jamie Yoak to file an answer shall be extended to April 19, 2011, in light of the Courts re-sending its Order of April 4, 2011, on April 12, 2011, to Defendant Yoakes address at 3408 Sun Bear Court, Wentzville, MO 63385. Defendant Yoake is again cautioned that failure to file a timely answer shall result in the entry of the Permanent Injunction and Final Judgment against Defendant Yoak as requested by Plaintiff. Signed by Honorable Audrey G. Fleissig on 4/13/11. (KJS)
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ORDER RECEIPT: (see receipt) Docket No: 78. Mailed to parties not electronically notified Wed Apr 13 15:00:49 CDT 2011 (Shirley, Kelley)
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| Filing 77 Letter to Non-Party Virginia Yoak from Clerk of Court re: Letters received in the Clerk's Office on 4/7/2011 and 4/12/2011 being returned to Non-Party Virginia Yoak (NCL) |
| Filing 76 Request For Relief From T-Mobile's Filing False Police Reports and To Stop Slandering My Name by Defendant Jamie D. Yoak. [Clerk's Note: This document indicates defendant Jamie D. Yoak's mailing address] (Attachments: #1 Exhibits A and B, #2 Exhibits C and D, #3 Exhibits E and F, #4 Exhibits G and H, #5 Exhibits I and J, #6 Mailing envelope)(MRC) |
| Filing 75 MOTION To Quash Service by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 74 Request For Immediate Relief from T-Mobile Filing False Police Reports by Defendant Jamie D. Yoak. (Attachments: #1 Envelope)(NCL) |
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Filing 73
ORDER - IT IS HEREBY ORDERED that Plaintiffs motion to compel Defendant Jamie Yoak to appear for deposition and respond to discovery and for sanctions (Doc. #71 ) is STAYED pending a determination by the Court as to whether the entry of default against Yoak should be set aside. Signed by Honorable Audrey G. Fleissig on 4/7/11. (KJS)
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ORDER RECEIPT: (see receipt) Docket No: 73. Mailed to parties not electronically notified Thu Apr 7 11:44:09 CDT 2011 (Shirley, Kelley)
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| Filing 72 MEMORANDUM in Support of Motion re #71 MOTION to Compel Jamie Yoak to Appear for Deposition and Respond to Discovery and for Sanctions filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration)(Baldinger, James) |
| Filing 71 MOTION to Compel Jamie Yoak to Appear for Deposition and Respond to Discovery and for Sanctions by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 70 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Yoak's motion to quash service and set aside the entry of default is DENIED with respect to the motion to quash service. [Docs. #44, 62, 63] IT IS FURTHER ORDERED that Defendant Yoak shall have up to and including April 15, 2011, to answer or otherwise respond to the complaint, in accordance with the Federal Rules of Civil Procedure. Upon such a filing, the Court will set aside the entry of default. Failure to file such a pleading shall result in the entry of the Permanent Injunction and Final Judgment against Defendant Yoak as requested by Plaintiff. Jamie D. Yoak answer due 4/15/2011. Signed by Honorable Audrey G. Fleissig on 4/4/2011. (NCL) |
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ORDER RECEIPT: (see receipt) Docket No: 70 forwarded to those parties not electronically notified. Mon Apr 4 16:36:56 CDT 2011 (NCL).
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| Filing 69 PERMANENT INJUNCTION AGAINST DEFENDANTS GREGORY FERNANDEZ AND MEGA FINANCIAL, INC. DONE AND ORDERED - See Order for Complete Details. Signed by Honorable Audrey G. Fleissig on 4/1/2011. (NCL) |
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ORDER RECEIPT: (see receipt) Docket No: 69 Forwarded to those parties not electronically notified. Fri Apr 1 16:10:10 CDT 2011 (NCL).
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| Filing 68 MEMORANDUM in Opposition re #62 MOTION to Set Aside filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 67 MEMORANDUM re #64 Supplemental, #61 Request Opposition to Defendant Jamie Yoak's "Request for Relief" by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 66 STIPULATION For Entry Of Permanent Injunction by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A)(Baldinger, James) [Document filed incorrectly as a "Motion". Docket text modified. Modified on 3/28/2011 (MRC).] |
| Filing 65 CERTIFICATE OF SERVICE filed by Defendant Jamie D. Yoak re #62 MOTION to Set Aside, #64 Supplemental, #61 Request, #63 Supplement. (KJS) |
| Filing 64 SUPPLEMENT re #61 Request for Immediate Relief from T Mobile to Stop Directly or Indirectly Illegally Filing False Police Reports and to Stop Malicious Attacks on my Character by Defendant Jamie D. Yoak. (KJS) |
| Filing 63 SUPPLEMENT re #62 - MOTION to Set Aside Any Judgments and to Quash Any Motions Based On Invalid and Fraudulent Service and Fraud Committed On The Court By Louis Bonacorsi,Bryan Cave LLP and By John Houseman Of Captured Investigative Agency,LLC Working On The Behalf Of T. Mobile Inc. Part 2 by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 62 MOTION to Set Aside Any Judgments and to Quash Any Motions Based On Invalid and Fraudulent Service and Fraud Committed On The Court By Louis Bonacorsi, Bryan Cave LLP and By John Houseman, Of Captured Investigative Agency, LLC Working On The Behalf Of T. Mobile Inc. by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 61 Request For Immediate Relief From T Mobile To Stop Directly Or Indirectly Illegally Filing False Police Reports And To Stop Malicious Attacks On My Character by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) |
| Filing 60 NOTICE Intent to File Responses to Defendant Jamie D. Yoak's Motions: by Plaintiff T-Mobile USA, Inc. re #58 MOTION to Set Aside, #57 Request, #59 Order, (Baldinger, James) |
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Filing 59
ORDER IT IS HEREBY ORDERED that Ms. Yoak shall have up to and including March 31, 2011, to submit signed copies of these documents or they shall be stricken from the record. The Clerk's Office is directed to include a copy of Rule 11 along with the mailing of this Order to Ms. Yoak. Response to Court due by 3/31/2011. Signed by Honorable Audrey G. Fleissig on 3/21/2011. (NCL)
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| ***REMARK - Copy Rule 11 and the Court's 3/21/2011 Order (Doc. #59 ) mailed to Jamie D. Yoak at 1927 Wentzville Parkway Wentzville, MO 63385. (NCL) |
| Filing 58 MOTION to Set Aside Any Judgments And To Quash Any Motions Based On Invalid And Fraudulent Service And Fraud Committed On The Court By Louis Bonacorsi, Bryan Cave LLP And By John Houseman of Captured Investigative Agency, LLC Working On Behalf Of T. Mobile Inc. by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC) [Document not signed by filer and bears no certificate of serivce.] |
| Filing 57 Request For Immediate Relief From T Mobile To Stop Directly Or Indirectly Illegally Filing False Police Reports And To Stop Malicious Attacks On My Character by Defendant Jamie D. Yoak. (Attachments: #1 Mailing envelope)(MRC)[Document not signed by filer and bears no certificate of service] |
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Filing 56
ORDER IT IS HEREBY ORDERED that the hearing set for Monday, March 14, 2011, in this case is VACATED. IT IS FURTHER ORDERED that the Notice (Doc. #55) to Defendant Jamie Yoak about the hearing is VACATED. IT IS FURTHER ORDERED that the parties shall file, on or before April 11, 2011, dismissal papers dismissing the claims with respect to Defendants Gregory Fernandez and Mega Financial, Inc. Signed by Honorable Audrey G. Fleissig on 3/11/2011. (NCL)
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| Filing 55 NOTICE TO PRO SE DEFENDANT JAMIE D. YOAK IT IS HEREBY ORDERED that The Clerk's Office is directed to mail this notice on this day by overnight mail for Saturday delivery to Defendant Jamie Yoak at 3408 Sun Bear Court, Wentzville, MO 63385. Signed by Honorable Audrey G. Fleissig on 3/11/2011. (NCL) |
| Filing 54 NOTICE by Plaintiff T-Mobile USA, Inc. re #41 Scheduling Order,, of Filing Proposed Preliminary Injunction Order (Attachments: #1 Text of Proposed Order Proposed Preliminary Injunction Order)(Baldinger, James) |
| Filing 53 Objections by Defendants Fernandez and Mega Financial, Inc. to Plaintiff's Witnesses and Exhibits re #5 MOTION for Preliminary Injunction filed by Defendants Gregory Fernandez and Mega Financial, Inc. (Siegel, Gary) Modified docket text on 3/10/2011 (NCL). |
| Filing 52 STIPULATION AND AGREED PROTECTIVE ORDER by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 51 Objections to Defendants, Gregory Fernandez and Mega Financial, Inc.'s Witness & Exhibit List re #48 Memorandum in Opposition to Motion by Plaintiff T-Mobile USA, Inc.. Related document: #48 Memorandum in Opposition to Motion filed by Gregory Fernandez.(Baldinger, James) Modified docket text on 3/10/2011 (NCL). |
| Filing 50 NOTICE Serving Privilege Log in Support of Responses to Request to Produce: by Plaintiff T-Mobile USA, Inc. (Baldinger, James) |
| Filing 49 RESPONSE in Opposition re #44 MOTION to Quash filed by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 48 MEMORANDUM In Compliance With Order Setting Preliminary Injunction Hearing filed by Defendants Fernandez and Mega Financial, Inc. (Siegel, Gary) [Docket text modified. Modified on 3/11/2011 (MRC).] |
| Filing 47 Proposed Findings of Fact by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 46 Witness List by Plaintiff T-Mobile USA, Inc.. (Baldinger, James) |
| Filing 45 Exhibit List and List of Interrogatory Answers and Deposition Transcripts to be Offered into Evidence at the March 14, 2011 Hearing by Plaintiff T-Mobile USA, Inc... (Baldinger, James) |
| Filing 44 MOTION to Quash any motions or judgment as a result of invalid or fraudulent service ( THIS DOCUMENT IS NOT SIGNED BY THE FILIER) by Defendant Jamie D. Yoak. (JWJ) |
| Filing 43 MOTION for Permanent Injunction and Final Judgment against Jamie D. Yoak by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Memo of Law in Support, #2 Exhibit A, #3 Text of Proposed Order)(Baldinger, James) |
| Filing 42 JOINT SCHEDULING PLAN by Plaintiff T-Mobile USA, Inc... (Baldinger, James) |
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Filing 41
ORDER SETTING PRELIMINARY INJUNCTION HEARING IT IS HEREBY ORDERED that a hearing is set on Monday, March 14, 2011, at 9:30 a.m. in Courtroom 12 South on the issue of whether a preliminary injunction should be entered, pursuant to the motion for preliminary relief filed by Plaintiff. IT IS FURTHER ORDERED that on or before March 4, 2011, the parties shall: 1. Stipulation: File a Joint Stipulation of all uncontested facts....SEE ORDER FOR COMPLETE DETAILS. Preliminary Injunction Hearing set for 3/14/2011 09:30 AM in Courtroom 12S before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 2/8/2011. (NCL)
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| Filing 40 Minute Entry for proceedings held before Honorable Audrey G. Fleissig: Status Conference held on 2/8/2011. Re: Outstanding motions and for discussion regarding scheduling in this case. (FTR Gold yes or no: No.) (KJS) |
| Filing 39 Letter to Virginia Yoak from Clerk re: Letter Returned - The Federal Rules do not permit parties to communicate with the Court by informal letters. (KJS) |
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Filing 38
ORDER: - IT IS HEREBY ORDERED that the Court shall hold a conference call with counsel of record and any unrepresented parties on Tuesday, February 8, 2011, at 10:00 a.m. to schedule proceedings related to Plaintiffs motion for preliminary injunction (Doc. #5 ) and to expedite discovery (Doc. #10 ). The parties shall contact the chambers of the undersigned (314/244-7420) no later than 4:00 p.m. on Monday, February 7, 2011 to advise the Court of the phone number at which they can be reached for the conference call. IT IS FURTHER ORDERED that if Defendant Jamie D. Yoak wishes to participate in the conference call, she shall contact the chambers of the undersigned no later than 4:00 p.m. on Monday, February 7, 2011 with a telephone number at which she can be reached. IT IS FURTHER ORDERED that Plaintiffs Motion to Preserve Evidence (Doc. #8 ) is GRANTED as to Defendants Gregory Fernandez and Mega Financial, Inc. Signed by Honorable Audrey G. Fleissig on 1/31/11. (KJS)
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Filing 37
ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall file a copy of Ms. Yoaks letter dated January 2011, and serve a copy on all counsel of record. A copy of this Order shall also be served on Ms. Yoak at the address reflected on that correspondence: 3408 Sunbear Court, Wentzville, MO 63385. Signed by Honorable Audrey G. Fleissig on 1/31/11. (KJS)
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| ***REMARK - Sent Ms. Yoak orders docs #37 and #38 at: 3408 Sunbear Court, Wentzville, MO 63385 this day. (KJS) |
| ***REMARK - Sent all counsel of record letter dated 1/21/11 doc #36 (KJS) |
| Filing 35 ENTRY of Appearance by Gary M. Siegel, Sr for Defendants Gregory Fernandez, Mega Financial, Inc. (KJS) |
| Filing 34 First MOTION for Summary Judgment by Mega Financial, Inc. & by Defendant Gregory Fernandez. (Attachments: #1 Memorandum in support, #2 Statement of Uncontroverted Facts, #3 Affidavit Affidavit of Gregory Fernandez)(Siegel, Gary) |
| Filing 33 Entry ANSWER to Complaint by Mega Financial, Inc..(Siegel, Gary) (**Attorney Error. Attorney selected the wrong event. See doc #35 for proper entry**) Modified on 1/31/2011 (KJS). |
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ORDER RECEIPT: (see receipt) Docket No: 30-31. Mailed to parties not electronically notified Thu Jan 27 09:56:04 CST 2011 (Shirley, Kelley)
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Filing 32
ORDER In light of this Court's Order dated January 14, 2011, giving Defendants Fernandez and Mega Financial, Inc. until January 28, 2011 to respond to the complaint [Doc. #21], Plaintiff's Motion for Entry of Clerk's Default against Defendant Mega Financial, Inc. [Doc. #29] is Denied. denying #29 Motion for Entry of Default against Defendant Mega Financial, Inc Signed by Honorable Audrey G. Fleissig on 1/26/11. (JWJ)
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| Filing 31 Docket Text ORDER Vacating #30 Clerk's ENTRY OF DEFAULT as to Defendant Mega Financial, Inc.(KJS) |
| Filing 30 Clerk's ENTRY OF DEFAULT as to Defendant Mega Financial, Inc. (KJS) |
| ***REMARK - Sent copy of Motion for Entry of Clerk's Default doc. #29 to the Clerk of Court this day. (KJS) |
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ORDER RECEIPT: (see receipt) Docket No: 32. Wed Jan 26 15:15:31 CST 2011 (Jones, Jeffrey)
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| Filing 29 MOTION for Entry of Clerk's Default against Defendant Mega Financial, Inc. by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bonacorsi, Louis) |
| Filing 28 RESPONSE TO COURT ORDER DATED 1/14/2011 by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bonacorsi, Louis) |
| Filing 27 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Mega Financial, Inc. served on 12/6/2010, answer due 12/27/2010. (Bonacorsi, Louis) |
| Filing 26 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Gregory Fernandez served on 12/6/2010, answer due 12/27/2010. (Bonacorsi, Louis) |
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ORDER RECEIPT: (see receipt) Docket No: 25. forwarded to those parties not electronically notified. Mon Jan 24 09:29:45 CST 2011 (NCL).
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| Filing 36 Letter to the Court from Jamie Yoak (KJS) |
| Filing 25 Docket Text ORDER: Re: #24 MOTION for Leave to Appear Pro Hac Vice of James Baldinger (Filing fee $100) on behalf of Plaintiff T-Mobile USA, Inc. (JWJ), filed by T-Mobile USA, Inc. ; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 21, 2011. (AGF) |
| Receipt 4644019194 in the amount of $100.00 for PRO HAC VICE on behalf of JAMES B. BALDINGER (CCAM) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice James Baldinger (Filing fee $100) by Plaintiff T-Mobile USA, Inc. (JWJ) |
| Filing 23 Clerk's ENTRY OF DEFAULT IT IS HEREBY ORDERED that Plaintiffs Motion for Entry of Clerks Default against Defendant Jamie D. Yoak [Doc. # 19] is GRANTED, and the default of this defendant is hereby entered as to Defendant Jamie D. Yoak A COPY OF THE CLERKS ENTRY OF DEFAULT WAS MAILED TO JAMIE YOAK AT 3408 SUN BEAR COURT WENTZVILLE, MISSOURI 63385(JWJ) |
| Filing 22 Docket Text ORDER Re: #20 MOTION for Leave to Appear Pro Hac Vice Stacey Sutton (Filing fee $100) by Plaintiff T-Mobile USA, Inc. (JWJ) filed by T-Mobile USA, Inc.; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on January 18, 2011. (SAA) |
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Filing 21
ORDER IT IS HEREBY ORDERED that Defendant Fernandezs motion for additionaltime is GRANTED to the extent that he shall have up to and including January 28, 2011, to obtain counsel and file a response, if appropriate. IT IS FURTHER ORDERED that Plaintiffs motion (Doc. #8) for an order directing Defendants to preserve evidence and provide inventories is GRANTED as to Defendant Yoak, to the extent that she is ordered to preserve all evidence relevant to thiscase. This motion is DENIED without prejudice as to Defendants Fernandez and Mega Financial, Inc. IT IS FURTHER ORDERED that in light of the bankruptcy of Defendant Fernandez, the absence of evidence that the complaint was served on Defendants Fernandez and Mega Financial, Inc., and the default of Defendant Yoak, Plaintiff shall, on or before January 28, 2011, advise the Court on how Plaintiff proposes the case should proceed. granting in part and denying in part #8 Motion for Leave to ; granting #18 Motion for Extension of Time to Answer ;answer due by 1/28/11 Signed by Honorable Audrey G. Fleissig on 1/14/11. (JWJ)
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| ***REMARK Motion for Clerk's Entry of Default forwarded to the Clerk of Court 1/14/11. (JWJ) |
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ORDER RECEIPT: (see receipt) Docket No: 21. Fri Jan 14 15:43:26 CST 2011 (Jones, Jeffrey)
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| Filing 20 MOTION for Leave to Appear Pro Hac Vice Stacey Sutton (Filing fee $100) by Plaintiff T-Mobile USA, Inc.. (JWJ) |
| Receipt 4644019136 in the amount of $100.00 for PRO HAC VICE on behalf of STACEY K. SUTTON (CCAM) |
| Filing 19 MOTION for Entry of Clerk's Default against Jamie D. Yoak by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Affidavit of Stacey Sutton, #2 Exhibit A, #3 Exhibit B)(Bonacorsi, Louis) |
| Filing 18 PRO SE MOTION for Extension of Time to File Answer re #1 Complaint, by Defendant Gregory Fernandez. (**Pro Se Defendant is also attempting to file this motion on behalf of Mega Financial, Inc.**) (Attachments: #1 Exh A, #2 Exh B, #3 Exh C, #4 Letter, #5 Envelope)(KJS) |
| Filing 17 NOTICE Filing of Return of Service and Request for a Hearing on Plaintiff's Motion for a Preliminary Injunction: by Plaintiff T-Mobile USA, Inc. (Bonacorsi, Louis) |
| Filing 16 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Jamie D. Yoak served on 12/17/2010. (Bonacorsi, Louis) Modified on 1/11/2011 (BAK). |
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Filing 15
ORDER - IT IS HEREBY ORDERED that if Defendant Fernandez wishes to contest service or to request an extension of time to respond to the complaint, he must do so by means of a proper filing by mail or in person. IT IS FURTHER ORDERED that Plaintiff shall, on or before January 11, 2011, advise the Court of the status of service on all three Defendants, and of Plaintiffs intentions with regard to proceeding with the motion for a preliminary injunction. IT IS FURTHER ORDERED that the Clerks Office shall mail a copy of this Order and attachment to Mr. Fernadez at 9222 Loma Street, Villa Park, CA 92861. Signed by Honorable Audrey G. Fleissig on 1/4/11. (KJS)
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| ***REMARK - Sent copy of order doc #15 and attachment to Mr. Fernadez at 9222 Loma Street, Villa Park, CA 92861. (KJS) |
| Filing 14 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Mega Financial, Inc. served on 12/6/2010, answer due 12/27/2010. (Bonacorsi, Louis) Modified docket text on 12/9/2010 (NCL). |
| Filing 13 SUMMONS Returned Executed filed by T-Mobile USA, Inc.. Gregory Fernandez served on 12/6/2010, answer due 12/27/2010. (Bonacorsi, Louis) Modified docket text on 12/9/2010 (NCL). |
| Filing 12 SUPPLEMENTAL re #11 Memorandum in Support of Motion to Expedite Discovery by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) |
| Filing 11 MEMORANDUM in Support of Motion re #10 MOTION to Expedite Discovery filed by Plaintiff T-Mobile USA, Inc.. (Attachments: #1 Declaration)(Bonacorsi, Louis) |
| Filing 10 MOTION to Expedite Discovery by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) |
| Filing 9 MEMORANDUM in Support of Motion re #8 MOTION to Preserve Evidence filed by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) Modified docket text on 12/3/2010 (NCL). |
| Filing 8 MOTION to Preserve Evidence by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) Modified docket text on 12/3/2010 (NCL). |
| Filing 7 NOTICE by Plaintiff T-Mobile USA, Inc. of Intent to Use Process Server (Bonacorsi, Louis) |
| Filing 6 MEMORANDUM in Support of Motion re #5 MOTION for Preliminary Injunction filed by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) |
| Filing 5 MOTION for Preliminary Injunction by Plaintiff T-Mobile USA, Inc.. (Bonacorsi, Louis) |
| Case Opening Notification, 3 summons @ 21 days issued, Disclosure of Corporate Interest to be filed by all corporations.. Judge Assigned: Honorable Audrey G. Fleissig. (DLT) |
| Filing 4 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff T-Mobile USA, Inc.. Parent companies: T-Mobile, USA, Inc., T-Mobile Global Holding GmbH, T-Mobile Global Zwischenholding GmbH, Deutsche Telkekom AG, Subsidiaries: Wireless Alliance LLC, Unisite Omnipoint PA Tower Venture LLC, Unisite Omnipoint FL Tower Venture LLC, Cook Inlet/VS GSM VII PCS Holdings, LLC, Cook Inlet/VS GSM VII PCS, LLC, 4G Americas LLC, Publicly held company: Deutsche Telekom AG,. (Bonacorsi, Louis) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff T-Mobile USA, Inc. Process Server: Scott's Attorney Service (Bonacorsi, Louis) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff T-Mobile USA, Inc. Process Server: PohlmanUSA Court Reporting (Bonacorsi, Louis) |
| Filing 1 COMPLAINT against defendant Gregory Fernandez, Mega Financial, Inc., Jamie D. Yoak with receipt number 0865-2521663, in the amount of $350 Jury Demand,, filed by T-Mobile USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Summons, #4 Summons, #5 Summons)(Bonacorsi, Louis) |
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