Acton et al v. Intellectual Capital Management, Inc. et al
| Peter Marchelos and Matthew Acton |
| Spendsmart Networks, Inc. and Intellectual Capital Management, Inc. doing business as SMS Masterminds |
| 2:2015cv04004 |
| July 8, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R Lindsay |
| Joanna Seybert |
| 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 August 27, 2018. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (Valle, Christine) |
ELECTRONIC ORDER re #40 Stipulation of Dismissal filed by Matthew Acton. The parties' stipulation of dismissal (Docket Entry 40) is SO ORDERED. Plaintiffs are directed to promptly serve a copy of this Electronic Order on Defendants' principals and file proof of service with the Court. The Clerk of the Court is directed to mark the case CLOSED. Ordered by Judge Joanna Seybert on 8/27/2018. (Torreblanca, David)
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| Filing 40 STIPULATION of Dismissal by Matthew Acton (Langeland, Erik) |
| Filing 39 CERTIFICATE OF SERVICE by Matthew Acton (Langeland, Erik) |
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ELECTRONIC ORDER granting in part and denying in part #38 Motion to Compel. On May 11, 2018, the Court granted defense counsel Blank Rome LLP's motion to withdraw as counsel and informed Defendants' principals that "corporate entities must have counsel, or else a default judgment may result." (See Docket Entry 37.) Since then, no counsel have appeared for Defendants in this case. Defendants are granted until July 20, 2018 to retain new counsel and are warned that Plaintiffs may move for the entry of a default judgment against them if they fail to do so. Plaintiffs are directed to serve a copy of this Electronic Order on Defendants' principals and file proof of service with the Court on or before June 22, 2018. Ordered by Judge Joanna Seybert on 6/19/2018. (Torreblanca, David)
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| Filing 38 MOTION to Compel Date By Which Defendants Must Retain Counsel by Matthew Acton. (Langeland, Erik) |
| Filing 37 Minute Order for proceedings held before Judge Joanna Seybert: Motion Hearing held on 5/11/2018 re: #34 , #36 MOTIONS to Withdraw as Attorney filed by Spendsmart Networks, Inc., Intellectual Capital Management, Inc.; GRANTING #34 , #36 Motions to Withdraw as Attorney. Attorneys Rither Alabre and Harrison Brown terminated. (Court Reporter PA) (Baran, Charles) |
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ELECTRONIC ORDER deferring ruling on #36 Motion to Withdraw as Attorney. Moving counsel's request for the Court to vacate the telephonic hearing on its motion to withdraw as counsel for Defendants is DENIED. The May 11, 2018 hearing on counsel's withdrawal motion will proceed as scheduled. Moving counsel is directed to advise Defendants' principals to attend the hearing. Ordered by Judge Joanna Seybert on 5/7/2018. (Torreblanca, David)
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| Filing 36 MOTION to Withdraw as Attorney by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Attachments: #1 Exhibit) (Brown, Harrison) |
| Filing 35 STATUS REPORT by Matthew Acton (Langeland, Erik) |
| Electronic NOTICE of Hearing on #34 MOTION to Withdraw as Attorney for Defendants: Motion Hearing BY TELEPHONE set for Fri. 5/11/2018 at 2:00pm EDT before Judge Joanna Seybert. Moving counsel is responsible to arrange with a conference call service and advise the principals of the corporate defendants to attend. Either a call can be placed to chambers at (631) 712-5610 with everyone on the line, or chambers can call in to a central number. Plaintiff's counsel is welcome, but not required, to participate. (Baran, Charles) |
| Filing 34 MOTION to Withdraw as Attorney for Defendants by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Attachments: #1 Declaration Declaration of Harrison Brown in Support of Motion to Withdraw as Counsel for Defendant's, #2 Memorandum in Support Memorandum of Points and Authorities in Support of Motion to Withdraw as Counsel for Defendant's) (Brown, Harrison) |
| Case reopened pursuant to ELECTRONIC ORDER dated 4/9/2018. (Valle, Christine) |
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ELECTRONIC ORDER. In light of the rulings from the Supreme Court in Campbell-Ewald Co. v. Gomez, Tyson Foods, Inc. v. Bouaphakeo, and Spokeo, Inc. v. Robins, as well as from the District of Columbia Circuit in ACA Int'l v. FCC, the stay in this matter is hereby LIFTED. The Clerk of the Court is directed to REOPEN the case. Additionally, the parties are directed to file letters on or before April 23, 2018 detailing the impact of these decisions on this matter and informing the Court of how they intend to proceed. Ordered by Judge Joanna Seybert on 4/9/2018. (Torreblanca, David)
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| Filing 33 NOTICE by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. re #28 Order on Motion to Stay,,, Order on Motion to Certify Class,,,,,,,,, Order Dismissing Case,, Notice of Decision IN ACA INT'L V. FCC (Brown, Harrison) |
| Filing 32 NOTICE by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. re #28 Order on Motion to Stay, Order on Motion to Certify Class,,, Order Dismissing Case,,,,,,,,,, (Attachments: #1 Exhibit A - U.S. Supreme Court Decision in Spokeo, Inc. v. Robins, No. 13-1339) (Brown, Harrison) |
| Filing 31 NOTICE by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. Notice of Decision in Tyson Foods, Inc. v. Bouaphakeo (Attachments: #1 Exhibit A) (Brown, Harrison) |
| Filing 30 NOTICE by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. Notice of Decision in Campbell-Ewald Co. v. Gomez (Attachments: #1 Exhibit A) (Alabre, Rither) |
| Filing 29 NOTICE by Spendsmart Networks, Inc. re #28 Order on Motion to Stay, Order on Motion to Certify Class,,, Order Dismissing Case,,,,,,,,,, (Attachments: #1 Exhibit A) (Brown, Harrison) |
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Filing 28
MEMORANDUM & ORDER: The parties joint request to stay this action (Docket Entry 26) is GRANTED insofar as this case is STAYED pending rulings from the Supreme Court in Gomez v. Campbell-Ewald Co., Robins v. Spokeo, Inc., and Bouaphakeo v. Tyson Foods, Inc., and pending a ruling from the District of Columbia Circuit in ACA Intl v. FCC. All pending motions are TERMINATED; however, they may be refiled after the stay is lifted. The Clerk of the Court is directed to ADMINISTRATIVELY CLOSE this case. The parties are directed to advise the Court within seven (7) days of the Supreme Court or District of Columbia Circuits resolution of each case. Ordered by Judge Joanna Seybert on 12/28/2015. (Ortiz, Grisel)
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| Filing 27 PARTIAL JUDGMENT - ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiff Peter Marchelos and against Defendants in the amount of $1,501.00, plus costs accrued through September 15, 2015 in an amount to be determined in accordance with the Federal Rules of Civil procedure or other applicable law; and that Defendants are enjoined from sending text messages to Plaintiff Marchelos. Signed by Douglas C. Palmer, Clerk of Court on 12/14/2015. C/ECF (Valle, Christine) |
| Filing 26 Consent MOTION to Stay Proceedings by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Attachments: #1 Proposed Order Granting Stipulation to Stay Proceedings.) (Brown, Harrison) |
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ELECTRONIC ORDER re: #25 Stipulation/Motion for Extension of Time to File Response/Reply is GRANTED. Plaintiffs' opposition to Defendants' Motion is due by November 24, 2015 and Defendants reply is due 5 days thereafter. Ordered by Judge Joanna Seybert on 11/20/2015. (Nohs, Bonnie)
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ORDER granting #22 Motion for Judgment Based on Settlement. Plaintiff Peter Marchelos' motion for judgment based on settlement is GRANTED. The Clerk of the Court is directed to enter judgment pursuant to plaintiff Peter Marchelos' Acceptance of Offer of Judgment (Docket Entry 22-1). Ordered by Judge Joanna Seybert on 11/20/2015. (Seibert, Kristin)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Stay re #23 Notice of MOTION to Stay and Motion to Stay Proceedings Request for Judicial Notice by Matthew Acton. (Langeland, Erik) |
| Filing 24 MOTION to Stay re #23 Notice of MOTION to Stay and Motion to Stay Proceedings Request for Judicial Notice by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Exhibit B to Request for Judicial Notice, #3 Exhibit C to Request for Judicial Notice) (Brown, Harrison) |
| Filing 23 Notice of MOTION to Stay and Motion to Stay Proceedings by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Declaration Harrison Brown ISO Motion to Stay, #3 Proposed Order) (Brown, Harrison) |
| Filing 22 MOTION for Judgment Based on Settlement by Peter Marchelos. (Attachments: #1 Exhibit Acceptance of Offer of Judgment) (Langeland, Erik) |
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Filing 21
SCHEDULING ORDER: Final Pretrial Conference set for April 26, 2016 at 11:00 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 9/1/2015. c/ecf (Imrie, Robert)
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ORDER re #20 : The parties have agreed to the dates set forth in the proposed scheduling order. Accordingly, the initial conference is canceled. The scheduling order will be entered by the court. Ordered by Magistrate Judge Arlene R. Lindsay on 9/1/2015. c/ecf (Imrie, Robert)
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| Filing 20 Letter re: Initial Conference by Matthew Acton, Peter Marchelos (Langeland, Erik) |
| Filing 19 REPLY in Opposition To Defendant's August 10, 2015 Letter filed by Matthew Acton, Peter Marchelos. (Langeland, Erik) |
| Filing 18 NOTICE of Appearance by Harrison Brown on behalf of Intellectual Capital Management, Inc. (aty to be noticed) (Brown, Harrison) |
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ORDER re #17 : The Motion of Harrison M. Brown for Leave to Appear Pro Hac Vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 8/13/2015. c/ecf (Imrie, Robert)
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| Filing 17 Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-7947287. by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Alabre, Rither) |
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Filing 16
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/11/2015. (Attachments: #1 Proposed Scheduling Order) c/ecf (Imrie, Robert)
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| Filing 15 Letter Addressed to Judge Seybert by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. (Alabre, Rither) |
| Filing 14 Corporate Disclosure Statement by Intellectual Capital Management, Inc., Spendsmart Networks, Inc. (Alabre, Rither) |
| Filing 13 ANSWER to #1 Complaint by Intellectual Capital Management, Inc., Spendsmart Networks, Inc.. (Alabre, Rither) |
| Filing 12 Summons Issued as to Spendsmart Networks, Inc. (Valle, Christine) |
| Filing 11 Summons Issued as to Intellectual Capital Management, Inc. (Valle, Christine) |
| Incorrect Document Entry Information. Summons returned un-executed (Doc. No. 7 & 8) should have been filed as a Proposed Summons. Entry has been deleted and re-entered. (Flanagan, Doreen) |
| Filing 10 Proposed Summons. Re #1 Complaint by Matthew Acton, Peter Marchelos (Langeland, Erik) |
| Filing 9 Proposed Summons. Re #1 Complaint by Matthew Acton, Peter Marchelos (Langeland, Erik) |
| Proposed summonses are rejected; the form that is on the court's website is to be utilized; Counsel is advised to submit another proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Filing 8 Proposed Summons. Re #1 Complaint by Matthew Acton, Peter Marchelos (Flanagan, Doreen) Modified on 7/13/2015 (Flanagan, Doreen). |
| Filing 7 Proposed Summons. Re #1 Complaint by Matthew Acton, Peter Marchelos (Flanagan, Doreen) Modified on 7/13/2015 (Flanagan, Doreen). |
| Filing 6 Notice of Related Case indicated on Civil Cover Sheet in 15-cv-04004. (Flanagan, Doreen) |
| 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. (Flanagan, Doreen) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. (Flanagan, Doreen) |
| Incorrect Document Entry Information; Document No. 1 was entered as an Attorney Disciplinary Order; submitted with Motion and Memorandum of Law that should have been separate entries. Entry was deleted and re-entered using the correct events. (Flanagan, Doreen) |
| Filing 3 MEMORANDUM in Support re #2 MOTION to Certify Class filed by Matthew Acton, Peter Marchelos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit Proposed Notice) (Flanagan, Doreen) |
| Filing 2 MOTION to Certify Class by Matthew Acton, Peter Marchelos. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Matthew Acton, Peter Marchelos. (Attachments: #1 Civil Cover Sheet) (Flanagan, Doreen) |
| FILING FEE: $ 400.00, receipt number 0207-7867690 (Flanagan, Doreen) |
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