Middleton et al v. T-Mobile US, Inc.
| Veritaseum, LLC and Reginald Middleton |
| T-Mobile US, Inc. |
| 1:2020cv03276 |
| July 21, 2020 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nicholas G Garaufis |
| Roanne L Mann |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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Filing 39
MEMORANDUM & ORDER, Middleton's #36 motion to amend or alter the judgment is DENIED. So Ordered by Judge Nicholas G. Garaufis on 6/7/2023. (TLH)
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| Filing 38 REPLY in Opposition to Defendant's Opposition to Plaintiffs' Motion for Reconsideration filed by Reginald Middleton. (Brundidge, Carl) |
| Filing 37 MEMORANDUM in Opposition re #36 MOTION to Alter Judgment filed by T-Mobile US, Inc.. (Moon, James) |
| Filing 36 MOTION to Alter Judgment by Reginald Middleton. (Attachments: #1 Declaration Brundidge, #2 Exhibit 1) (Brundidge, Carl) |
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Filing 35
MEMORANDUM and ORDER: Defendant's motion to compel arbitration is GRANTED. During the pendency of arbitration, proceedings are STAYED in this Court. SO Ordered by Judge Nicholas G. Garaufis on 8/24/2022. (Tavarez, Jennifer)
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| Filing 34 NOTICE of Appearance by Thomas Michael Kenny on behalf of All Plaintiffs (aty to be noticed) (Kenny, Thomas) |
| Filing 33 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15310459. by T-Mobile US, Inc.. (McCarty, Rose) |
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ORDER granting #33 Motion for Leave to Appear Pro Hac Vice. Attorney Rose McCarty shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 2/22/2022. (Gillespie-Cardo, Saudia)
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| Filing 32 Letter Brief-Reply to Defendant's Response by Reginald Middleton (Attachments: #1 Exhibit A) (Brundidge, Carl) |
| Filing 31 Letter Brief in Response to #30 MEMORANDUM in Support Plaintiffs Letter Brief Regarding the Question of Contract Formation filed by Reginald Middleton, by T-Mobile US, Inc. (Attachments: #1 Supplement Declaration of Christopher Muzio in support of Motion to Compel Arbitration and Stay Action) (Moon, James) |
| Filing 30 MEMORANDUM in Support Plaintiffs Letter Brief Regarding the Question of Contract Formation filed by Reginald Middleton. (Attachments: #1 Ex A, #2 Ex B, #3 EX C) (Brundidge, Carl) |
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ORDER: The parties are DIRECTED to submit letter briefs to the court stating, after the period of limited discovery, their positions on the question of contract formation. See Nicosia v. Amazon, Inc., 834 F.3d 220, 229 (2d Cir. 2016); 9 U.S.C. 4. Plaintiff's letter should be submitted by November 11, 2021; Defendant's response by November 18, 2021; and a reply, if any, by November 24, 2021. Ordered by Judge Nicholas G. Garaufis on 10/28/2021. (Nees, Ryan)
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Order Certifying Limited Discovery is complete. Per the letter at DE #29 , the limited discovery ordered on 9/23/2021 is certified as complete. Ordered by Magistrate Judge James R. Cho on 10/26/2021. (Maneval, Sarah)
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| Filing 29 STATUS REPORT by T-Mobile US, Inc. (Moon, James) |
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Filing 28
PROTECTIVE ORDER: The Motion for Protective Order #27 is granted. To the extent that a party files confidential material on the docket, and wishes to have any portion of such material remain under seal, the parties must follow the rules of the Eastern District of New York for filing such materials under seal, file a redacted version of the materials (as applicable) on the public docket, along with a motion to file materials under seal. The standard for sealing shall be those set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). To the extent that any portion of the Protective Order is inconsistent with this Court's procedures for sealing documents or the standards governing the ability of this Court to permit the sealing of documents, the Court's practices and standards shall be followed by the parties and will govern any dispute. Ordered by Magistrate Judge James R. Cho on 10/18/2021. (Maneval, Sarah)
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| Filing 27 Joint MOTION for Protective Order , (Proposed) Protective Order by T-Mobile US, Inc.. (Moon, James) |
| Minute Entry: Status Conference held on 9/30/2021 before Magistrate Judge James R. Cho. Appearances by Carl Brundidge, David Moore, Carolyn B. Rendell, and Kumiko Kitaoka for plaintiffs; James Moon for defendant. Discussion held regarding limited discovery per the Court's 9/23/2021 Order. Parties anticipate serving limited interrogatories and document requests. Parties to agree upon deadlines for responding to the discovery requests, but reminded to complete the limited discovery by 10/25/2021. Parties to submit a joint status report by 10/25/2021 confirming that they have completed the targeted discovery. (AT&T Conference Bridge.) (Gillespie, Saudia) |
| Filing 26 NOTICE of Appearance by Kumiko Kitaoka on behalf of Reginald Middleton, Veritaseum, LLC (aty to be noticed) (Kitaoka, Kumiko) |
| Filing 25 Letter Regarding Scheduled Tele-Conf. by Reginald Middleton (Brundidge, Carl) |
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SCHEDULING ORDER: A Telephone Conference will be held on September 30, 2021 at 9:30 a.m. before the undersigned. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Counsel for plaintiffs are directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 9/27/2021. (Gillespie, Saudia)
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ORDER: The parties are DIRECTED to engage in limited discovery on the factual question of contract formation. Discovery should address (1) the terms and conditions provided to Plaintiff, if any, at the time Plaintiff's service was activated; (2) the terms and conditions provided to Plaintiff, if any, at the time of Plaintiff's in-store purchases; (3) the format in which the terms and conditions were provided to Plaintiff, if any terms and conditions were provided; and (4) the format in which receipts referencing terms and conditions were provided to Plaintiff, if any. See Nicosia v. Amazon, Inc., 834 F.3d 220, 229 (2d Cir. 2016); 9 U.S.C. 4. The parties are DIRECTED to contact Magistrate Judge James R. Cho to conduct this discovery, to be completed within 30 days of this order. Decision on the motion to compel arbitration is reserved pending the completion of this discovery. Ordered by Judge Nicholas G. Garaufis on 9/23/2021. (Nees, Ryan)
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| Filing 24 NOTICE of Appearance by David Moore on behalf of All Plaintiffs (aty to be noticed) (Moore, David) |
| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to James R. Cho. (Mahoney, Brenna) |
| Filing 23 NOTICE of Appearance by Carl Brundidge on behalf of All Plaintiffs (aty to be noticed) (Brundidge, Carl) |
| Filing 22 REPLY in Support re #20 MOTION to Compel Arbitration and Stay Action filed by T-Mobile US, Inc.. (Moon, James) |
| Filing 21 MEMORANDUM in Opposition re #20 MOTION to Compel Arbitration and Stay Action by Plaintiffs Reginald Middleton and Veritaseum, LLC filed by T-Mobile US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Moon, James) |
| Filing 20 MOTION to Compel Arbitration and Stay Action by T-Mobile US, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Christopher Muzio, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Declaration of James H. Moon, #21 Exhibit R, #22 Exhibit S, #23 Certificate of Service) (Moon, James) |
| Filing 19 NOTICE of Appearance by Stephen M. Rummage on behalf of T-Mobile US, Inc. (aty to be noticed) (Rummage, Stephen) |
| Filing 18 NOTICE of Appearance by James Moon on behalf of T-Mobile US, Inc. (aty to be noticed) (Moon, James) |
| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: On December 8, 2020, the court held a pre-motion conference via videoconference. Counsel for both parties present. The court GRANTED Defendant leave to file its Motion to Compel Arbitration. The court ORDERED a briefing schedule as follows: Defendant will serve its Motion on Plaintiffs by December 18, 2020; Plaintiffs will serve their Opposition by January 25, 2021; Defendant will serve its Reply and file the fully briefed motion by February 10, 2021. The court will contact the parties to schedule oral argument, if necessary, after a review of the motion papers. To the extent that Defendant's obligation to answer the Complaint survives the decision on the Motion to Compel Arbitration, the deadline to answer is extended until 10 days after the court decides the motion. (Court Reporter Adronikh Barna.) (Lazarus, Benjamin) |
| Filing 17 NOTICE of Appearance by Carolyn B. Rendell on behalf of Reginald Middleton, Veritaseum, LLC (aty to be noticed) (Rendell, Carolyn) |
| Filing 16 MOTION to Appear Pro Hac Vice Carl Brundidge Filing fee $ 150, receipt number ANYEDC-13778653. by Reginald Middleton, Veritaseum, LLC. (Attachments: #1 Affidavit in Support) (Spiro, Jason) |
| Filing 15 MOTION to Appear Pro Hac Vice David Moore Filing fee $ 150, receipt number ANYEDC-13778611. by Reginald Middleton, Veritaseum, LLC. (Attachments: #1 Certificate of Standing, #2 Affidavit in Support) (Spiro, Jason) |
| Filing 14 MOTION to Appear Pro Hac Vice for Stephen M. Rummage Filing fee $ 150, receipt number ANYEDC-13778071. by T-Mobile US, Inc.. (Attachments: #1 Proposed Order, #2 Declaration) (Magliery, John) |
| Filing 13 MOTION to Appear Pro Hac Vice for James H. Moon Filing fee $ 150, receipt number ANYEDC-13777920. by T-Mobile US, Inc.. (Attachments: #1 Proposed Order, #2 Declaration) (Magliery, John) |
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ORDER granting #14 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/3/2020. (GM)
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ORDER granting #16 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/3/2020. (GM)
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/3/2020. (GM)
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/3/2020. (GM)
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ORDER: Defendant's #12 application for a pre-motion conference is GRANTED. Defendant's obligation to respond to the Complaint is stayed until the date of the conference. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Ordered by Judge Nicholas G. Garaufis on 11/17/2020. (Lazarus, Benjamin)
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| Filing 12 Letter MOTION for pre motion conference Re: T-Mobiles anticipated Motion to Compel Arbitration and Stay Action, by T-Mobile US, Inc.. (Magliery, John) |
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ORDER granting #11 Motion for Extension of Time to Answer. T-Mobile US, Inc. answer is due 11/20/2020. Ordered by Magistrate Judge Roanne L. Mann on 10/6/2020. (LK)
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| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Complaint, until and including November 20, 2020 - Plaintiff has consented to this request, by T-Mobile US, Inc.. (Magliery, John) |
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ORDER granting #10 Motion for Extension of Time to Answer. T-Mobile US, Inc. answer is due 10/21/2020. Ordered by Magistrate Judge Roanne L. Mann on 9/10/2020. (LK)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint, until and including October 21, 2020, by T-Mobile US, Inc.. (Magliery, John) |
| Filing 9 Corporate Disclosure Statement by T-Mobile US, Inc. identifying Other Affiliate Deutsche Telekom Holding B.V. for T-Mobile US, Inc.. (Magliery, John) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Reginald Middleton, Veritaseum, LLC. All Defendants. (Spiro, Jason) |
| Filing 7 Summons Issued as to T-Mobile US, Inc.. (Davis, Kimberly) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 4 Civil Cover Sheet.. by Reginald Middleton, Veritaseum, LLC (Spiro, Jason) |
| Filing 3 Corporate Disclosure Statement by Reginald Middleton, Veritaseum, LLC (Spiro, Jason) |
| Filing 2 Proposed Summons. Re #1 Complaint, by Reginald Middleton, Veritaseum, LLC (Spiro, Jason) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2nd Page Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. Also, The Rule 7.1 should not be filed as an attachment. Please submit the Rule 7.1 using the event Corporate Disclosure Statement under the event Other Documents. (Davis, Kimberly) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number BNYEDC-13096204 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Reginald Middleton, Veritaseum, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 R. 7.1 disclosure) (Spiro, Jason) |
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