KRAKAUER v. DISH NETWORK L.L.C.
Plaintiff: THOMAS H. KRAKAUER
Defendant: DISH NETWORK L.L.C.
Interested Party: KURTZMAN CARSON CONSULTANTS LLC
Special Master: RICHARD D. CONNER
Case Number: 1:2014cv00333
Filed: April 18, 2014
Court: US District Court for the Middle District of North Carolina
Office: NCMD Office
County: Durham
Presiding Judge: CATHERINE C EAGLES
Referring Judge: JOI ELIZABETH PEAKE
Nature of Suit: Cable/Satellite TV
Cause of Action: 47 U.S.C. ยง 0227
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2019 Opinion or Order Filing 512 USCA ORDER. Upon consideration of submissions relative to the motion to stay mandate, the court denies the motion. USCA Case Number 18-1518. (Sheets, Jamie)
June 19, 2019 Opinion or Order Filing 511 USCA STAY OF MANDATE UNDER FED. R. APP. P. 41(d)(1). The timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. USCA Case #18-1518. (Daniel, J)
May 30, 2019 Opinion or Order Filing 510 USCA JUDGMENT as to #456 Notice of Appeal filed by DISH NETWORK L.L.C. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. USCA Case Number 18-1518. (Sheets, Jamie)
May 30, 2019 Opinion or Order Filing 509 USCA OPINION affirmed by published opinion. USCA Case Number 18-1518. (Sheets, Jamie)
January 16, 2019 Opinion or Order Filing 508 SEALED UNREDACTED DOCUMENTS Exhibits 2-4 to Document 507 (Plaintiff's Memorandum in Opposition to Dish's Partial Objections to the Special Master's Report) filed by Plaintiff THOMAS H. KRAKAUER re #507 Corrected Document. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(BARRETT, JOHN)
January 16, 2019 Opinion or Order Filing 507 Corrected document re #499 Objection - Other,, #503 Response,. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted), #3 Exhibit 3 (redacted), #4 Exhibit 4 (redacted), #5 Exhibit 5)(BARRETT, JOHN)
January 4, 2019 Opinion or Order Filing 506 SEALED DOCUMENT re #505 Response, Exhibits A and B to E. Echtman Decl. (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit B)(ECHTMAN, ELYSE)
January 4, 2019 Opinion or Order Filing 505 RESPONSE by Defendant DISH NETWORK L.L.C. re #498 Brief (Brief in Opposition to Plaintiff's Objections to the Special Master's Report). (Attachments: #1 Affidavit E. Echtman Declaration, #2 Exhibit A (redacted), #3 Exhibit B (redacted))(ECHTMAN, ELYSE)
January 4, 2019 Opinion or Order Filing 504 SEALED UNREDACTED DOCUMENTS Exhibits 2-4 to Document 503 filed by Plaintiff THOMAS H. KRAKAUER re #503 Response,. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(BARRETT, JOHN)
January 4, 2019 Opinion or Order Filing 503 RESPONSE re #499 Objection - Other,, Plaintiff's Memorandum in Opposition to Dish's Partial Objections to the Special Master's Report filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted), #3 Exhibit 3 (redacted), #4 Exhibit 4 (redacted), #5 Exhibit 5)(BARRETT, JOHN)
January 4, 2019 Opinion or Order CASE REFERRED RE: #441 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 2, 2019 Opinion or Order Filing 502 BRIEF re #499 Objection - Other,, Defendant DISH Network L.L.C.'s Corrected Partial Objections to the Special Master's Report. (ECHTMAN, ELYSE)
December 21, 2018 Opinion or Order Filing 501 SEALED DOCUMENT re #499 Objection - Other, Exhibits A-F to the Echtman Decl. (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C. (Attachments: #1 Exhibit B to Echtman Decl., #2 Exhibit C to Echtman Decl., #3 Exhibit D. to Echtman Decl., #4 Exhibit E to Echtman Decl., #5 Exhibit F to Echtman Decl.) (ECHTMAN, ELYSE)
December 21, 2018 Opinion or Order Filing 500 SEALED DOCUMENT re #499 Objection - Other,, Exhibit A to Proposed Disbursement Order (sealed pursuant to Order at DKT No. 408) by Defendant DISH NETWORK L.L.C.. (ECHTMAN, ELYSE)
December 21, 2018 Opinion or Order Filing 499 OBJECTION - Other re #494 Report by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex. A to Proposed Order (redacted), #3 Affidavit E. Echtman Declaration, #4 Exhibit Ex. A to Echtman Decl. (redacted), #5 Exhibit Ex. B to Echtman Decl. (redacted), #6 Exhibit Ex. C to Echtman Decl. (redacted), #7 Exhibit Ex. D. to Echtman Decl. (redacted), #8 Exhibit Ex. E to Echtman Decl. (redacted), #9 Exhibit Ex. F to Echtman Decl. (redacted), #10 Exhibit Ex. G to Echtman Decl.)(ECHTMAN, ELYSE)
December 21, 2018 Opinion or Order Filing 498 BRIEF re #494 Report Plaintiff's Brief in Support of His Objections to the Special Master's Final Report. (Attachments: #1 Exhibit A - Plaintiff's Proposed Disbursement Order)(BARRETT, JOHN)
December 17, 2018 Opinion or Order Filing 497 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/17/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $10,454.50 directly to Richard Conner and Dr. Krakauer shall pay $4480.50 directly to Richard Conner. (Sheets, Jamie)
December 7, 2018 Opinion or Order Filing 496 BILL OF COSTS Special Master's Fee Invoice for November 2018 by Special Master RICHARD D. CONNER. Objection to Bill of Costs due by 12/21/2018. (CONNER, RICHARD)
December 3, 2018 Opinion or Order Filing 495 MEMORANDUM OPINION AND ORDER, signed by JUDGE CATHERINE C. EAGLES on 12/3/2018 that; Class counsel's motion for attorney's fees, expenses, and a class representative award, Doc. #460 , is GRANTED in part and DENIED in part. The Court awards Class Counsel an attorney's fee of $20,447,600, to be paid from the final judgment awarded to the class. The Court awards Class Counsel expenses of $481,317.73, which are to be paid from the final judgment awarded to the class. The Court denies the plaintiffs' motion to the extent it seeks a class representative award for Dr. Krakauer. (Sheets, Jamie)
November 30, 2018 Opinion or Order Filing 494 REPORT Special Master's Final Report by Special Master RICHARD D. CONNER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(CONNER, RICHARD)
November 26, 2018 Opinion or Order Filing 493 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/26/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $9488.50 directly to Richard Conner and Dr. Krakauer shall pay $4066.50 directly to Richard Conner. (Sheets, Jamie)
November 13, 2018 Opinion or Order Filing 492 BILL OF COSTS Special Master's Fee Invoice for September and October 2018 by Special Master RICHARD D. CONNER. Objection to Bill of Costs due by 11/27/2018. (CONNER, RICHARD)
November 9, 2018 Opinion or Order Filing 491 USCA ORDER. The court grants the motion to withdraw from further representation on appeal as to attorney Ryan McCune Donovan. USCA Case Number 18-1518. (Sheets, Jamie)
November 8, 2018 Opinion or Order Filing 490 USCA ORDER. The court grants the motion to withdraw from further representation on appeal as to attorney Tillman J. Breckenridge. USCA Case Number 18-1518. (Sheets, Jamie)
October 25, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/25/18: At the request of the Special Master for an extension of time to issue his recommended findings pursuant to #441 and with the consent of counsel for the parties, the deadline is hereby extended to November 30, 2018. (Sanders, Marlene)
October 24, 2018 Opinion or Order Filing 489 REDACTION to #470 Declaration Amended #470-4 (Exhibit D) by THOMAS H. KRAKAUER. (BARRETT, JOHN)
October 24, 2018 Opinion or Order Filing 488 REDACTION to #470 Declaration Amended #470-3 (Exhibit C) by THOMAS H. KRAKAUER. (BARRETT, JOHN)
October 15, 2018 Opinion or Order Filing 487 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 10/15/2018; that Louise Irving is withdrawn as counsel of record in the above-captioned action. (Sheets, Jamie)
October 12, 2018 Opinion or Order Motions Submitted: #486 MOTION to Withdraw as Attorney LOUISA S. IRVING to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
October 11, 2018 Opinion or Order Filing 486 MOTION to Withdraw as Attorney LOUISA S. IRVING by on behalf of DISH NETWORK L.L.C.. Responses due by 11/1/2018 (Attachments: #1 Text of Proposed Order)(IRVING, LOUISA)
October 10, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/10/18: For the reasons stated in the Court's previous orders on motions to seal, #245 and #408 , the motion to seal, #471 , will be GRANTED in part and DENIED in part as follows: Class Member names shall not be redacted and shall be made public. Class Member street addresses and telephone numbers shall remain sealed consistent with how they are currently redacted. Plaintiffs counsel is directed to submit revised redacted versions of Exhibits B and C to the Declaration of Julie Swanson [Doc. #470 -3 and Doc. #470 -4] consistent with this Order within fourteen (14) days. As stated in the Court's prior Order, #408 , the Court further concludes that there is no reason to require the parties to file motions to seal the phone numbers and other identifying information in any future filings, as the Court has ruled numerous times that this information is subject to sealing in order to protect class members' privacy and to prevent their harassment. (Sanders, Marlene)
September 14, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/14/18. At the joint request of counsel in order to deal with pre-existing scheduling conflicts, the Court modifies the meet and confer schedule as follows: Telephonic meet and confer on Tuesday, 9/18/18 at 9:30 a.m.; In person meet and confer, if necessary, on Thursday, 9/20/18 at noon. (Sanders, Marlene)
September 12, 2018 Opinion or Order Filing 485 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/12/2018; that the plaintiff's motion to overrule and strike Dish's objections, Doc. #478 , is GRANTED in part and DENIED in part as set out herein. (Sheets, Jamie)
September 12, 2018 Opinion or Order Reset Hearings: Status Conference and Motion Hearing scheduled for 9/14/18 at 2:00 p.m. cancelled. (Sanders, Marlene)
September 12, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 9/12/18. The parties are advised that no telephone conference will be needed on 9/14/18, written order forthcoming. (Sanders, Marlene)
September 11, 2018 Opinion or Order Motions Submitted: #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 10, 2018 Opinion or Order Filing 483 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
September 10, 2018 Opinion or Order TEXT ORDER In view of the hurricane forecast, the Court will cancel the hearing on Friday, September 14, 2018. Counsel should remain available that afternoon in case the Court determines that a telephone hearing will suffice. Signed by JUDGE CATHERINE C. EAGLES on September 10, 2018. (EAGLES, CATHERINE)
September 6, 2018 Opinion or Order Filing 482 NOTICE of Hearing: Status Conference and Motion Hearing set for 9/14/2018 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES.(Sanders, Marlene)
September 3, 2018 Opinion or Order Filing 481 SEALED UNREDACTED DOCUMENTS (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #480 BRIEF re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G [REDACTED], # 8 Exhibit H)(BICKS, PETER). (BICKS, PETER)
September 3, 2018 Opinion or Order Filing 480 BRIEF in Opposition re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. Reply due 9/10/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G [REDACTED], #8 Exhibit H) (BICKS, PETER) Modified on 9/4/2018 to add deadline. (Sheets, Jamie)
August 23, 2018 Opinion or Order Reset Motion Deadlines re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations: Responses due by 9/3/2018. Replies due by 9/10/2018. (Sheets, Jamie)
August 22, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations. The time for responding is shortened: Response due 9/3/18, with any Reply due 9/10/18. (Sanders, Marlene)
August 20, 2018 Opinion or Order Filing 479 SEALED UNREDACTED DOCUMENTS Exhibit 1 to Document 478 filed by Defendant DISH NETWORK L.L.C. re #478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by THOMAS H. KRAKAUER. Response to Motion due by 9/10/2018 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(BARRETT, JOHN). (BARRETT, JOHN)
August 20, 2018 Opinion or Order Filing 478 MOTION to Overrule and Strike DISH's Objections to the Claims Administrator's Validity Determinations by THOMAS H. KRAKAUER. Response to Motion due by 9/10/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
July 17, 2018 Opinion or Order Motions Submitted: #471 MOTION to Seal and #460 MOTION for Attorney Fees and Nontaxable Costs to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
July 2, 2018 Opinion or Order Filing 477 RESPONSE Class Counsel's Response to Objections to Request for Attorney Fees and Nontaxable Costs filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
June 28, 2018 Opinion or Order Filing 476 SEALED EXHIBITS re #475 Notice (Other) Exhibit A - Plaintiff's Final List by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
June 28, 2018 Opinion or Order Filing 475 NOTICE by THOMAS H. KRAKAUER Plaintiff's Notice of Filing of Final List (Attachments: #1 Exhibit A)(BARRETT, JOHN)
June 26, 2018 Opinion or Order Filing 474 ORDER signed by JUDGE CATHERINE C. EAGLES on 6/26/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $343 directly to Richard Conner and Dr. Krakauer shall pay $147 directly to Richard Conner. (Sheets, Jamie)
June 25, 2018 Opinion or Order Filing 473 SEALED UNREDACTED DOCUMENTS Exhibit D filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #470 DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(BARRETT, JOHN). (BARRETT, JOHN)
June 25, 2018 Opinion or Order Filing 472 SEALED UNREDACTED DOCUMENTS Exhibit C filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #470 DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(BARRETT, JOHN). (BARRETT, JOHN)
June 25, 2018 Opinion or Order Filing 471 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 7/16/2018 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
June 25, 2018 Opinion or Order Filing 470 DECLARATION of Julie Swanson Regarding Objections Received by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(BARRETT, JOHN)
June 11, 2018 Opinion or Order Filing 469 STATEMENT Special Master's Fee Invoice for May 2018 by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
June 8, 2018 Opinion or Order Filing 468 ORDER signed by JUDGE CATHERINE C. EAGLES on 6/8/2018. Upon consideration, the Court directs the plaintiff to file and submit the Final List with only names, addresses, telephone numbers (redacted in the public version, as previously ordered), and number of telephone calls. (Daniel, J)
June 6, 2018 Opinion or Order Filing 467 ORDER signed by JUDGE CATHERINE C. EAGLES on 6/6/2018; that within ten days of the date of this Order, Dish Network, LLC shall pay $2,058 directly to Richard Conner and Dr. Krakauer shall pay $882 directly to Richard Conner. (Sheets, Jamie)
May 22, 2018 Opinion or Order Filing 466 STATEMENT Special Master's Fee Invoice for April 2018 by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
May 16, 2018 Opinion or Order Filing 465 Transcript of Proceedings held on 6-30-15, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/17/2018. (Calhoun, J.)
May 10, 2018 Opinion or Order Filing 464 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/10/2018 granting #463 Motion to Approve, as set out herein. (Sheets, Jamie)
May 10, 2018 Opinion or Order Motions Submitted: #463 MOTION to Approve Forms of Class Notice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 9, 2018 Opinion or Order Filing 463 MOTION to Approve Forms of Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
May 8, 2018 Opinion or Order Filing 462 NOTICE of Docketing Record on Appeal from USCA re #456 Notice of Appeal filed by DISH NETWORK L.L.C. USCA Case Manger: T. Fischer. USCA Case Number 18-1518. (Sheets, Jamie)
May 7, 2018 Opinion or Order Filing 461 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #460 MOTION for Attorney Fees and Nontaxable Costs filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(BARRETT, JOHN)
May 7, 2018 Opinion or Order Filing 460 MOTION for Attorney Fees and Nontaxable Costs by THOMAS H. KRAKAUER. Response to Motion due by 5/29/2018 (BARRETT, JOHN)
May 7, 2018 Opinion or Order Filing 459 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #456 Notice of Appeal. (Sheets, Jamie)
May 7, 2018 Opinion or Order Filing 458 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/7/2018; that DISH Network's motion for leave to rely upon additional LexisNexis data, Doc. #450 , is DENIED. (Sheets, Jamie)
May 7, 2018 Opinion or Order Filing 457 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/7/2018; The Court approves the supersedeas bond proffered by Liberty Mutual Insurance Company in the amount of $63,000,000. Upon DISH's submission of the bond with the Clerk of Court and filing of a notice of appeal, the Court stays execution of the April 5 judgment, pursuant to Federal Rule of Civil Procedure 62( d), pending appeal from the judgment. (Sheets, Jamie)
May 4, 2018 Opinion or Order Filing 456 NOTICE OF APPEAL by DISH NETWORK L.L.C.. Filing fee $ 505, receipt number 0418-2345123. (BICKS, PETER)
May 4, 2018 Opinion or Order Filing 455 SEALED UNREDACTED DOCUMENTS (sealed pursuant to Dkt #408) filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #454 REPORT Agreed Final List and Request for Disbursement by Plaintiff THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A (Agreed Final List), # 2 Text of Proposed Order Disbursement Order)(BARRETT, JOHN). (BARRETT, JOHN)
May 4, 2018 Opinion or Order Filing 454 REPORT Agreed Final List and Request for Disbursement by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A (Agreed Final List), #2 Text of Proposed Order Disbursement Order)(BARRETT, JOHN)
May 4, 2018 Opinion or Order Filing 453 SUPERSEDEAS BOND in the amount of $ 63,000,000.00 posted by DISH NETWORK L.L.C. (A written order will issue next week.) (Powell, Gloria)
May 3, 2018 Opinion or Order Motions Submitted: #452 MOTION to Expedite Approval of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 2, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES regarding #450 Motion for Leave to Rely Upon Additional LexisNexis Data. The motion is DENIED. Written order to follow as time permits. (Marsh, Keah)
May 1, 2018 Opinion or Order Filing 452 MOTION to Expedite Approval of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order )(BICKS, PETER)
April 30, 2018 Opinion or Order Filing 451 SEALED UNREDACTED DOCUMENTS (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #450 MOTION for Leave to Rely Upon Additional LexisNexis Data by DISH NETWORK L.L.C.. Response to Motion due by 5/21/2018 (Attachments: #1 Exhibit A REDACTED, #2 Exhibit B Part I REDACTED, #3 Exhibit B Part II REDACTED, # 4 Exhibit C Proposed Form of Order)(BICKS, PETER). (Attachments: #1 Exhibit A - UNREDACTED, #2 Exhibit B Part I - UNREDACTED, #3 Exhibit B Part II - UNREDACTED)(BICKS, PETER)
April 30, 2018 Opinion or Order Filing 450 MOTION for Leave to Rely Upon Additional LexisNexis Data by DISH NETWORK L.L.C.. Response to Motion due by 5/21/2018 (Attachments: #1 Exhibit A REDACTED, #2 Exhibit B Part I REDACTED, #3 Exhibit B Part II REDACTED, #4 Exhibit C Proposed Form of Order)(BICKS, PETER)
April 18, 2018 Opinion or Order Filing 449 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/18/2018 as set out herein. (Sheets, Jamie)
April 17, 2018 Opinion or Order Filing 448 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/17/2018; that Richard Conner is appointed as a Special Master as set out herein. (Sheets, Jamie)
April 16, 2018 Opinion or Order Filing 447 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/16/2018; that the Motion to Withdraw [Doc. #445 ] is GRANTED, and Allegra A. Noonan is withdrawn as a counsel for DISH in the above-captioned action. (Sheets, Jamie)
April 16, 2018 Opinion or Order Motions Referred: RE: #445 MOTION to Withdraw as Attorney ALLEGRA A. NOONAN , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
April 13, 2018 Opinion or Order Filing 446 JOINT STIPULATION STAYING EXECUTION OF JUDGMENT UNTIL EXPIRATION OF TIME TO FILE NOTICE OF APPEAL filed by all parties.. (BICKS, PETER)
April 13, 2018 Opinion or Order Filing 445 MOTION to Withdraw as Attorney ALLEGRA A. NOONAN by on behalf of DISH NETWORK L.L.C.. Responses due by 5/4/2018 (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Appearance of Counsel)(NOONAN, ALLEGRA)
April 12, 2018 Opinion or Order Filing 444 ORDER signed by JUDGE CATHERINE C. EAGLES on 04/12/2018, that the plaintiff's motion to seal, Doc. #420 , is GRANTED. The Clerk shall maintain the copies at Doc. #419 and Doc. #416 under seal. (Taylor, Abby)
April 11, 2018 Opinion or Order Filing 443 AFFIDAVIT Tendered Pursuant to Fed. R. Civ. P. 53 filed by Special Master RICHARD D. CONNER. (CONNER, RICHARD)
April 9, 2018 Opinion or Order Filing 442 REPORT Joint Recommendation of Special Master by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
April 5, 2018 Opinion or Order Filing 441 ORDER ON CLAIMS PROCEDURES signed by JUDGE CATHERINE C. EAGLES on 4/5/2018 as set out herein. (Sheets, Jamie)
April 5, 2018 Opinion or Order Filing 440 SEALED EXHIBIT 2 (LIST OF 18,066 CLASS PHONE NUMBERS) as to #439 Judgment. (Sheets, Jamie)
April 5, 2018 Opinion or Order Filing 439 FINAL JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 4/5/2018 as set out herein. (Sheets, Jamie)
April 5, 2018 Opinion or Order Filing 438 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/5/2018; the Court will enter judgment for the plaintiff class against Dish in the amount of $61,342,800 and will enter a claims process management order. In order to prevent harassment of class members via telephone calls, the Court will seal the class list of telephone numbers, as it has been doing for some time. See, e.g., Doc. #408 . All disbursement orders will make public the names of class members entitled to distributions. (Sheets, Jamie)
April 5, 2018 Opinion or Order Filing 437 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/5/2018; The motion to reconsider, Doc. #422 , is GRANTED IN PART AND DENIED IN PART, to the extent stated herein. The February Lists filed at Docs. #409 , #410 , #411 , and #412 are STRICKEN from the record. The parties shall meet and confer in order to prepare a proposed Final List that complies with the Court's January 2018 Order, Doc. #407 , and this Order. To the extent a dispute remains, the parties shall submit the matter to a Special Master, pursuant to a procedure established in a separate Claims Procedure Order. (Sheets, Jamie)
April 3, 2018 Opinion or Order Filing 436 DECLARATION of Elyse D. Echtman filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Declaration of Elyse D. Echtman [REDACTED], #2 Exhibit B - Declaration of Elyse D. Echtman [REDACTED], #3 Exhibit C - Declaration of Elyse D. Echtman [REDACTED], #4 Exhibit D - Declaration of Elyse D. Echtman [REDACTED], #5 Exhibit E - Declaration of Elyse D. Echtman [REDACTED], #6 Exhibit F - Declaration of Elyse D. Echtman [REDACTED], #7 Exhibit G - Declaration of Elyse D. Echtman [REDACTED], #8 Exhibit H - Declaration of Elyse D. Echtman [REDACTED], #9 Exhibit I - Declaration of Elyse D. Echtman [REDACTED], #10 Exhibit J - Declaration of Elyse D. Echtman [REDACTED])(ECHTMAN, ELYSE)
April 3, 2018 Opinion or Order Motions Submitted: #422 MOTION for Reconsideration re #407 Order on Motion for Judgment to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 2, 2018 Opinion or Order Filing 435 SEALED EXHIBITS re 434 Declaration,,, Sealed Unredacted Exhibit A - Declaration of Elyse D. Echtman by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Sealed Unredacted Exhibit B - Declaration of Elyse D. Echtman, #2 Sealed Unredacted Exhibit C - Declaration of Elyse D. Echtman, #3 Sealed Unredacted Exhibit D - Declaration of Elyse D. Echtman, #4 Sealed Unredacted Exhibit E - Declaration of Elyse D. Echtman, #5 Sealed Unredacted Exhibit F - Declaration of Elyse D. Echtman, #6 Sealed Unredacted Exhibit G - Declaration of Elyse D. Echtman, #7 Sealed Unredacted Exhibit H - Declaration of Elyse D. Echtman, #8 Sealed Unredacted Exhibit I - Declaration of Elyse D. Echtman, #9 Sealed Unredacted Exhibit J - Declaration of Elyse D. Echtman)(ECHTMAN, ELYSE)
April 2, 2018 Opinion or Order Filing 433 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (BICKS, PETER)
March 21, 2018 Opinion or Order TEXT ORDER: The parties having agreed and requested the appointment of a Special Master to assist with the claims process, and pursuant to Rule 53 of the Rules of Civil Procedure, the Court gives notice of its intent to appoint a Special Master. The parties shall confer and no later than April 9, 2018, shall file either a joint recommendation or individual recommendations of an appropriate person or persons to serve as Special Master. The parties shall not recommend anyone who has a disqualifying conflict unless it has been waived by all parties, or anyone who has not agreed to serve if appointed. The recommendation shall include the terms on which the appointment would be accepted. If the parties agree, the proposed Special Master shall file the affidavit required under Rule 53(b)(2)(A) within three days of the filing of the joint recommendation. Signed by JUDGE CATHERINE C. EAGLES on March 21, 2018. (EAGLES, CATHERINE)
March 21, 2018 Opinion or Order TEXT ORDER: The claims period is extended until June 18, 2018. Signed by JUDGE CATHERINE C. EAGLES on March 21, 2018. (EAGLES, CATHERINE)
March 19, 2018 Opinion or Order Filing 430 SEALED UNREDACTED DOCUMENTS Plaintiff's Response to Dish's Motion for Reconsideration filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #429 RESPONSE re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by THOMAS H. KRAKAUER. Replies due by 4/2/2018 (Attachments: #1 Exhibit A)(BARRETT, JOHN). (Attachments: #1 Exhibit A)(BARRETT, JOHN)
March 19, 2018 Opinion or Order Filing 429 RESPONSE re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by THOMAS H. KRAKAUER. Replies due by 4/2/2018 (Attachments: #1 Exhibit A)(BARRETT, JOHN)
March 14, 2018 Opinion or Order Filing 428 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2018; that to the extent the defendant's motion for reconsideration is based on alleged contradictions in the existing data supported by newly reorganized evidence, Doc. #423 at Section B, it is DENIED. It is otherwise held open for conclusion of the briefing. (Sheets, Jamie)
March 1, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: To the extent Dish's motion for reconsideration, #422 , is based on reorganized information and the arguments made in Section B of the brief in support, #423 beginning on page 5, the motion will be DENIED, with an order forthcoming. Plaintiff need not respond to that argument. Plaintiff's brief in opposition to the remaining aspects of the motion is due 3/19/18. (Sanders, Marlene)
February 27, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES; Plaintiffs need not respond to the pending Motion for Reconsideration #422 , pending further Order of the Court. (Sanders, Marlene)
February 23, 2018 Opinion or Order Filing 427 REDACTION to #425 SEALED Unredacted Documents (LR 5.4),, Declaration of Elyse D. Echtman (redacted pursuant to DKT #408) by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(ECHTMAN, ELYSE)
February 23, 2018 Opinion or Order Filing 426 REDACTION to #424 SEALED Unredacted Documents (LR 5.4),, Declaration of Dr. Debra J. Aron (redacted pursuant to DKT #408) by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit B4, #11 Exhibit B5, #12 Exhibit C, #13 Exhibit D)(BICKS, PETER)
February 23, 2018 Opinion or Order Filing 425 SEALED UNREDACTED DOCUMENTS Declaration of Elyse D. Echtman (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(ECHTMAN, ELYSE)
February 23, 2018 Opinion or Order Filing 424 SEALED UNREDACTED DOCUMENTS Declaration of Dr. Debra J. Aron (sealed pursuant to DKT #408) filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER). (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit A5, #6 Exhibit A6, #7 Exhibit B1, #8 Exhibit B2, #9 Exhibit B3, #10 Exhibit B4, #11 Exhibit B5, #12 Exhibit C, #13 Exhibit D)(BICKS, PETER)
February 23, 2018 Opinion or Order Filing 423 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #422 MOTION for Reconsideration re #407 Order on Motion for Judgment, filed by DISH NETWORK L.L.C.. (BICKS, PETER)
February 23, 2018 Opinion or Order Filing 422 MOTION for Reconsideration re #407 Order on Motion for Judgment, by DISH NETWORK L.L.C.. Response to Motion due by 3/16/2018 (BICKS, PETER)
February 22, 2018 Opinion or Order Motions Submitted: #420 MOTION to Seal to JUDGE CATHERINE C. EAGLES (Sanders, Marlene)
February 19, 2018 Opinion or Order Filing 421 NOTICE of Appearance by attorney RYAN M. DONOVAN on behalf of Plaintiff THOMAS H. KRAKAUER (DONOVAN, RYAN)
February 19, 2018 Opinion or Order Filing 420 MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 3/12/2018 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
February 19, 2018 Opinion or Order Filing 419 SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
February 19, 2018 Opinion or Order Filing 418 Redacted document re #414 Report. (BARRETT, JOHN) Modified on 2/20/2018 to edit text. (Sheets, Jamie)
February 9, 2018 Opinion or Order Filing 417 REPORT re #380 Report The Parties' Updated Joint Submission on Claims Procedures by Plaintiff THOMAS H. KRAKAUER. (Corrected document re #413 Report). (Attachments: #1 Exhibit 1)(BARRETT, JOHN) Modified on 2/12/2018 to edit document title. (Sheets, Jamie)
February 9, 2018 Opinion or Order Filing 416 SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
February 9, 2018 Opinion or Order Filing 415 SEALED EXHIBITS re #414 Report Exhibit 2 to Exhibit A by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN)
February 9, 2018 Opinion or Order Filing 414 REPORT re #407 Order on Motion for Judgment, The Parties' Joint Submission on Form of Judgment by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(BARRETT, JOHN)
February 9, 2018 Opinion or Order Filing 413 ***FILED IN ERROR*** REPORT re #380 Report The Parties' Updated Joint Submission on Claims Procedures by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN) Modified on 2/12/2018 to mark filed in error. See #417 for correct filing. (Sheets, Jamie)
February 8, 2018 Opinion or Order Filing 412 STRICKEN REDACTION to #410 SEALED Exhibits Group 1-B by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
February 8, 2018 Opinion or Order Filing 411 STRICKEN REDACTION to #409 SEALED Exhibits Group 1-A by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
February 8, 2018 Opinion or Order Filing 410 STRICKEN SEALED EXHIBITS Group 1-B by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
February 8, 2018 Opinion or Order Filing 409 STRICKEN SEALED EXHIBITS Group 1-A by Plaintiff THOMAS H. KRAKAUER, Defendant DISH NETWORK L.L.C.. (BARRETT, JOHN) Modified on 4/5/2018 to mark stricken per #437 Order. (Sheets, Jamie)
January 31, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: In light of the Court's Order entered 1/25/18, at #407 , it would be helpful to the Court for the parties to update their positions in the Joint Submission on Claims Procedures, #380 , and for each party to submit a proposed order in Word format reflecting its positions. The updated Joint Submission should also provide a status report on the number of claims received to date. The updated Joint Submission shall be filed and the proposed orders submitted by email to the Court's case manager no later than 2/9/18. (Sanders, Marlene)
January 25, 2018 Opinion or Order Filing 408 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2018; The motion to seal, Doc. #404 , is GRANTED and the materials found on the docket at Doc. #406 shall remain sealed; The consent motions to seal, Doc. #391 and Doc. #396 , are GRANTED and the materials on file at Doc. #393 and Doc. #397 shall remain under seal; The parties may, without filing a motion to seal, file future pleadings, briefs, and exhibits under seal which contain personal identifying information of class members other than class member names but including phone numbers of class members, so long as redacted copies are made available on the public docket. (Sheets, Jamie)
January 25, 2018 Opinion or Order Filing 407 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2018; that Dr. Krakauer's motion for judgment, Doc. #381 , is GRANTED IN PART and DENIED IN PART as stated herein. The parties shall revise, confer, and file the materials required in this Order and a partial final judgment will be entered upon further review. (Sheets, Jamie)
January 16, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/16/18 DENYING #403 . (Sanders, Marlene)
January 15, 2018 Opinion or Order Filing 406 SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C. re #404 MOTION for Leave to File a Sur-Reply on Plaintiff's Motion for Judgment/Disbursement of Award (dkt #381) by DISH NETWORK L.L.C. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A to Motion for Leave - DISH's Sur-Reply, #2 Exhibit B to Motion for Leave - Aron Dish Declaration - REDACTED, #3 Exhibit C to Motion for LEave to File Sur-Reply - Proposed Form of Order on Motion to File Sur-Reply)(BICKS, PETER). (Attachments: #1 Exhibit A DISH Network L.L.C.s Sur-Reply to Plaintiffs Motion for Judgment/Disbursement of Award, #2 Exhibit B Declaration of Dr. Debra J. Aron, dated January 15, 2018 [UNREDACTED], #3 Exhibit C Proposed Form of Order)(BICKS, PETER)
January 15, 2018 Opinion or Order Filing 405 BRIEF re #405 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. (BICKS, PETER)
January 15, 2018 Opinion or Order Filing 404 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A Proposed Form of Order)(BICKS, PETER)
January 15, 2018 Opinion or Order Filing 403 MOTION for Leave to File a Sur-Reply on Plaintiff's Motion for Judgment/Disbursement of Award (dkt #381) by DISH NETWORK L.L.C.. Response to Motion due by 2/5/2018 (Attachments: #1 Exhibit A to Motion for Leave - DISH's Sur-Reply, #2 Exhibit B to Motion for Leave - Aron Dish Declaration - REDACTED, #3 Exhibit C to Motion for LEave to File Sur-Reply - Proposed Form of Order on Motion to File Sur-Reply)(BICKS, PETER)
January 15, 2018 Opinion or Order TEXT ORDER granting #400 Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to FAcilitate Claim Submissions. The Court grants Plaintiffs motion, and authorizes Class Counsel and the Claims Administratorto take all reasonable efforts to communicate with class members to facilitate the submission of valid claims. Signed by JUDGE CATHERINE C. EAGLES on January 15, 2018.(EAGLES, CATHERINE)
January 12, 2018 Opinion or Order Filing 402 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
January 12, 2018 Opinion or Order Reset Motion Reply Deadline re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions: Replies due by 5:00 p.m. 1/12/2018 pursuant to 1/10/2018 Text Order. (Sheets, Jamie)
January 11, 2018 Opinion or Order Filing 401 RESPONSE filed by Defendant DISH NETWORK L.L.C. re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 1/12/2018 (Attachments: #1 Exhibit A - Counter Proposed Order)(BICKS, PETER) Modified on 1/12/2018 to edit reply time per 1/10/2018 Text Order. (Sheets, Jamie)
January 10, 2018 Opinion or Order Motions Submitted: #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 10, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES re #400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions filed by THOMAS H. KRAKAUER: Response due 1/11/18 by 5:00 p.m. and Reply due by 5:00 p.m. 1/12/18.(Sanders, Marlene)
January 9, 2018 Opinion or Order Filing 400 MOTION to Expedite Plaintiff's Motion for Expedited Order Authorizing All Reasonable Efforts to Facilitate Claims Submissions by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(BARRETT, JOHN)
January 8, 2018 Opinion or Order Filing 399 NOTICE by DISH NETWORK L.L.C. re #398 SEALED Unredacted Documents (LR 5.4), (Attachments: #1 Exhibit A - Phone Numbers Without Contradictory Name Information [REDACTED])(BICKS, PETER)
January 8, 2018 Opinion or Order Filing 398 SEALED UNREDACTED DOCUMENTS Notice re: List of Phone Numbers Without Contradictory Name Information Within Plaintiff's Identified Data Sources filed by Defendant DISH NETWORK L.L.C. re NOTICE of Docket Text/Event Modification re Text Order referencing list of individuals dated 1/2/18: to add to file UNDER SEAL. (Sanders, Marlene) TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18: Within five business days, Dish shall file under seal, a list of the 221 class members as to whom "DISH is not asserting specific evidentiary conflicts". See #390 at 23. (Sanders, Marlene) Modified on 1/2/2018 to add docket text. (Sanders, Marlene). (Attachments: #1 Exhibit A - Phone Numbers Without Contradictory Name Information)(BICKS, PETER)
January 8, 2018 Opinion or Order TEXT ORDER. The Court requires a working hard copy of the briefs and materials filed in connection with Plaintiff's pending motion for judgment (Doc. 381). No later than 10 am January 11, 2018, each side shall provide the Court's case manager with an indexed tabbed unredacted copy of its materials, printed with the ECF docket and page number on the bottom of each page, in notebooks. Signed by JUDGE CATHERINE C. EAGLES on January 8, 2018. (EAGLES, CATHERINE)
January 4, 2018 Opinion or Order Motions Submitted: #396 Consent MOTION to Seal, #391 Consent MOTION to Seal; #381 MOTION for Judgment / Disbursement of Award to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 3, 2018 Opinion or Order Filing 397 SEALED UNREDACTED DOCUMENTS Plaintiff's Reply in Support of Motion for Judgment/Disbursement of Award filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #395 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #381 MOTION for Judgment / Disbursement of Award filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN). (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
January 3, 2018 Opinion or Order Filing 396 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
January 3, 2018 Opinion or Order Filing 395 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #381 MOTION for Judgment / Disbursement of Award filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
January 2, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18. To date, the Court has sealed names and phone numbers associated with class members. Going forward, the Court questions whether it remains appropriate to seal the names of class members, so long as the associated phone numbers remain under seal. Since disclosure of phone numbers on the public docket increases the risk that class members will be harassed with further unwanted phone calls - the very problem the lawsuit was designed to address - the Court is inclined to keep the phone numbers under seal. However, there does not seem to be the same reason to keep the names of class members sealed, particularly in any judgments entered. If either party wishes to be heard on this issue, the party may file a brief no longer than 4000 words no later than 1/24/18. (Sanders, Marlene)
January 2, 2018 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/2/18: Within five business days, Dish shall file under seal, a list of the 221 class members as to whom "DISH is not asserting specific evidentiary conflicts". See #390 at 23. (Sanders, Marlene) Modified on 1/2/2018 to add docket text.(Sanders, Marlene).
January 2, 2018 Opinion or Order NOTICE of Docket Text/Event Modification re Text Order referencing list of individuals dated 1/2/18: to add to file UNDER SEAL. (Sanders, Marlene)
December 27, 2017 Opinion or Order Motions Submitted: #394 MOTION for Extension of Time to File Response/Reply as to #381 MOTION for Judgment / Disbursement of Award to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 27, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 12/27/17 GRANTING #394 Motion for Extension of Time to File Response/Reply to #381 ; Reply due 1/3/18. (Sanders, Marlene)
December 26, 2017 Opinion or Order Filing 394 MOTION for Extension of Time to File Response/Reply as to #381 MOTION for Judgment / Disbursement of Award by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
December 18, 2017 Opinion or Order Set Motion Reply Deadlines re #381 MOTION for Judgment / Disbursement of Award: Replies due by 12/29/2017. (Sheets, Jamie)
December 15, 2017 Opinion or Order Filing 393 SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C. re #390 BRIEF re #381 MOTION for Judgment / Disbursement of Award by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit Declaration of Dr. Aron [REDACTED] [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron [REDACTED], #3 Exhibit A - Part 2 - Declaration of Dr. Aron [REDACTED], #4 Exhibit A - Part 3 - Declaration of Dr. Aron [REDACTED], #5 Exhibit B - Declaration of Dr. Aron [REDACTED], #6 Exhibit C - Declaration of Dr. Aron [REDACTED], #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald) (BICKS, PETER). (Attachments: #1 Exhibit Declaration of Dr. Aron [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron, #3 Exhibit A - Part 2 - Declaration of Dr. Aron, #4 Exhibit A - Part 3 - Declaration of Dr. Aron, #5 Exhibit B - Declaration of Dr. Aron, #6 Exhibit C - Declaration of Dr. Aron, #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald) (BICKS, PETER) Modified on 12/18/2017 to remove duplicate text. (Sheets, Jamie)
December 15, 2017 Opinion or Order Filing 392 BRIEF re #391 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (BICKS, PETER)
December 15, 2017 Opinion or Order Filing 391 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 1/5/2018 (Attachments: #1 Exhibit A)(BICKS, PETER)
December 15, 2017 Opinion or Order Filing 390 BRIEF re #381 MOTION for Judgment / Disbursement of Award by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit Declaration of Dr. Aron [REDACTED] [Ex. 1 Opposition], #2 Exhibit A - Part 1 - Declaration of Dr. Aron [REDACTED], #3 Exhibit A - Part 2 - Declaration of Dr. Aron [REDACTED], #4 Exhibit A - Part 3 - Declaration of Dr. Aron [REDACTED], #5 Exhibit B - Declaration of Dr. Aron [REDACTED], #6 Exhibit C - Declaration of Dr. Aron [REDACTED], #7 Exhibit Declaration of John Ewald [Ex. 2 Opposition], #8 Exhibit A - Declaration of John Ewald, #9 Exhibit B - Declaration of John Ewald)(BICKS, PETER) (Attachment 8 replaced on 12/18/2017 with corrected Redacted PDF) (Garland, Leah)
December 11, 2017 Opinion or Order Filing 389 ORDER granting #388 Motion for Extension of Time signed by JUDGE CATHERINE C. EAGLES on 12/11/2017; that the Motion #388 is GRANTED. DISH's response shall be filed no later than December 15, 2017. (Sheets, Jamie)
December 11, 2017 Opinion or Order Motions Submitted: #388 MOTION for Extension of Time (Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Judgment/Disbursement of Award) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 8, 2017 Opinion or Order Filing 388 MOTION for Extension of Time (Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Judgment/Disbursement of Award) #381 by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order) (BICKS, PETER)
December 5, 2017 Opinion or Order Filing 387 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/5/2017; that DISH's Motion for Rule 54(b) Judgment, Doc. #372 , is DENIED. (Sheets, Jamie)
December 5, 2017 Opinion or Order Filing 386 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/5/2017; that Dr. Krakauer's motion to seal, Doc. #384 , is GRANTED and the materials on file at Doc. #385 shall remain under seal. (Sheets, Jamie)
November 22, 2017 Opinion or Order Motions Submitted: #384 Consent MOTION to Seal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
November 21, 2017 Opinion or Order Filing 385 SEALED UNREDACTED DOCUMENTS of Docket Entry 382 filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #384 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/12/2017 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(BARRETT, JOHN)
November 21, 2017 Opinion or Order Filing 384 Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/12/2017 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
November 20, 2017 Opinion or Order Filing 383 ***FILED IN ERROR ***Consent MOTION to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 12/11/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(BARRETT, JOHN) Modified on 11/21/2017 to mark filed in error and to remove document from public view. Attorney to re-file. (Garland, Leah)
November 20, 2017 Opinion or Order Filing 382 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #381 MOTION for Judgment / Disbursement of Award (Redacted) filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1 Redacted, #2 Exhibit 2 Redacted, #3 Exhibit 3, #4 Exhibit 4 Redacted)(BARRETT, JOHN)
November 20, 2017 Opinion or Order Filing 381 MOTION for Judgment / Disbursement of Award by THOMAS H. KRAKAUER. Responses due by 12/11/2017 (BARRETT, JOHN)
November 15, 2017 Opinion or Order Filing 380 REPORT re #351 Memorandum and Opinion, Order,,,,,,,, (The Parties' Joint Submission Pursuant to July 27, 2017 Order) by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
November 15, 2017 Opinion or Order Motions Submitted: #372 MOTION for Entry of Judgment under Rule 54(b) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
November 14, 2017 Opinion or Order Filing 379 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
November 8, 2017 Opinion or Order TEXT ORDER re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.: Each side shall submit a proposed judgment in Word format, consistent with its position on this motion, to the Court's case manager within four business days. Signed by JUDGE CATHERINE C. EAGLES on November 8, 2017. (EAGLES, CATHERINE)
November 7, 2017 Opinion or Order Filing 377 RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 11/21/2017 (BARRETT, JOHN)
November 3, 2017 Opinion or Order Filing 376 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/3/2017; that the plaintiffs' motion to require Dish to pay claim administration costs, Doc. #363 , is DENIED. The denial is with prejudice to the extent that the plaintiffs seek to require Dish to advance the costs associated with providing and publicizing the initial notice of claim forms to potential class members. Otherwise the motion is denied without prejudice. (Sheets, Jamie)
October 31, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Court DENIES the request #375 to use the court seal. (Sanders, Marlene)
October 27, 2017 Opinion or Order Filing 375 NOTICE by THOMAS H. KRAKAUER Plaintiff's Notice of Filing of Claim Form Documents, with Joint Request for Limited Ruling Regarding the Use of the Court Seal (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
October 25, 2017 Opinion or Order Motions Submitted: #363 MOTION to Require DISH to Pay Administration Costs to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
October 24, 2017 Opinion or Order Filing 374 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #363 MOTION to Require DISH to Pay Administration Costs filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
October 17, 2017 Opinion or Order Filing 373 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #372 MOTION for Entry of Judgment under Rule 54(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
October 17, 2017 Opinion or Order Filing 372 MOTION for Entry of Judgment under Rule 54(b) by DISH NETWORK L.L.C.. Response to Motion due by 11/7/2017 (BICKS, PETER)
October 11, 2017 Opinion or Order Set Motion Reply Deadlines re #363 MOTION to Require DISH to Pay Administration Costs: Replies due by 10/24/2017. (Sheets, Jamie)
October 10, 2017 Opinion or Order Filing 371 RESPONSE BRIEF re #363 MOTION to Require DISH to Pay Administration Costs [Brief in Opposition to Plaintiff's Motion to Require Dish to Pay Administrative Costs] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C. (BICKS, PETER) Modified on 10/11/2017 to edit text. (Sheets, Jamie)
October 3, 2017 Opinion or Order Filing 370 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 10/3/2017; that the defendant DISH Network's motion for judgment as a matter of law and remittitur, Doc. #346 , is DENIED. (Sheets, Jamie)
September 29, 2017 Opinion or Order Filing 369 ORDER. Signed by JUDGE CATHERINE C. EAGLES on 9/29/2017, that the motion, (Doc. #368 ), is GRANTED and the following deadlines set forth in the July 27 Order are extended as follows: (1) the defendant DISH Network L.L.C.'s deadline to object to class members in proposed group judgment and provide evidence for those objections is extended from October 2, 2017, to and including October 23, 2017; (2) the parties' deadline to meet and confer about class members in proposed group judgment is extended from October 16, 2017, to and including November 6, 2017; and (3) the plaintiff Thomas H. Krakauer's deadline to file group motion(s) for judgment is extended from November 1, 2017, to and including November 20, 2017. (Daniel, J)
September 28, 2017 Opinion or Order Motions Submitted: #368 Joint MOTION for Extension of Time (re: Memorandum Opinion and Order Docket Entry 351) to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 27, 2017 Opinion or Order Filing 368 Joint MOTION for Extension of Time (re: Memorandum Opinion and Order Docket Entry 351) by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
September 25, 2017 Opinion or Order Filing 367 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/25/2017; that the motion to modify the previous Order on post-trial procedures, Doc. #365 , is DENIED. Class counsel shall provide a copy of this Order to the Claims Administrator. (Sheets, Jamie)
September 21, 2017 Opinion or Order Electronic Notice from defense counsel on 9/21/2017 indicating no response will be filed re #365 . (Sanders, Marlene)
September 21, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Upon review and consideration of the motion at #365 and supporting brief, the Court tentatively intends 1) to direct the Claims Administrator to send the class notices within a reasonable time given the tasks that need to be accomplished beforehand and to advise the Court in writing if those tasks will take longer than six weeks from the date of the order, and 2) to otherwise deny the motion. If the defendant wishes to be heard to the contrary, it shall file a response to the pending motion no later than 9/27/17. (Sanders, Marlene)
September 21, 2017 Opinion or Order Motions Submitted: #365 MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 20, 2017 Opinion or Order Filing 366 BRIEF re #365 MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration. (BARRETT, JOHN)
September 20, 2017 Opinion or Order Filing 365 MOTION to Modify Order on Post-Trial Procedures, and Request for Expedited Consideration by THOMAS H. KRAKAUER. Response to Motion due by 10/11/2017 (BARRETT, JOHN)
September 18, 2017 Opinion or Order Filing 364 BRIEF re #363 MOTION to Require DISH to Pay Administration Costs . (BARRETT, JOHN)
September 18, 2017 Opinion or Order Filing 363 MOTION to Require DISH to Pay Administration Costs by THOMAS H. KRAKAUER. Response to Motion due by 10/10/2017 (BARRETT, JOHN)
September 14, 2017 Opinion or Order Filing 362 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/14/2017, that the defendant DISH Network's motion to seal, Doc. #348 , is GRANTED and the materials on file at Doc. #350 shall remain under seal. (Butler, Carol) (Main Document 362 replaced on 9/14/2017) (Butler, Carol).
September 14, 2017 Opinion or Order NOTICE of Docket Text/Event Modification re #362 Order on Motion to Seal,: to correct image. (Butler, Carol)
September 12, 2017 Opinion or Order Filing 361 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/12/2017; The Court adopts and approves the instructions and claim form attached to this Order as set out herein. (Sheets, Jamie)
September 12, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court has reviewed the joint submission on scheduling issues, #357 , and directs that the Court's usual schedule and word limits for briefing shall apply to any motions concerning payment of claims administration costs and motions for attorneys' fees, subject to further order of the Court. No further scheduling order appears needed at this time, and the Court will resolve any disputes over the timing of those motions after those motions are filed, if and when they arise. (Sanders, Marlene)
September 11, 2017 Opinion or Order Filing 360 ORDER GRANTING JOINT MOTION FOR APPOINTMENT OF CLAIMS ADMINISTRATOR signed by JUDGE CATHERINE C. EAGLES on 9/11/2017; appointing Kurtzman Carson Consulting as Claims Administrator. (Sheets, Jamie)
September 7, 2017 Opinion or Order Motions Submitted: #359 Joint MOTION to Appoint Claims Administrator to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 6, 2017 Opinion or Order Filing 359 Joint MOTION to Appoint Claims Administrator by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
September 5, 2017 Opinion or Order Filing 358 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/5/2017; the Court accepts the Joint Submission. The Court will rule on the disputed issues presented in the Joint Submission once it has had time to review the parties' positions and otherwise as time permits. (Sheets, Jamie)
September 1, 2017 Opinion or Order Telephone Conference held before JUDGE CATHERINE C. EAGLES on 9/1/2017 with Attorney John Barrett counsel for Plaintiff and Attorneys John Ewald and Elyse Echtman counsel for defendant. A discussion was held regarding the Parties' Joint Submission filed 8/28/17. Written order forthcoming. (Sanders, Marlene)
August 31, 2017 Opinion or Order Filing 357 REPORT re #351 Memorandum and Opinion, Order,,,,,,,, The Parties Joint Submission Pursuant to July 27, 2017 Order by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
August 28, 2017 Opinion or Order Filing 356 REPORT re #351 Memorandum and Opinion, Order,,,,,,,, [The Parties' Joint Submission] by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiffs proposed instructions to class members, #2 Exhibit B - Defendants proposed changes to Plaintiffs proposed instructions to class members, #3 Exhibit C - Plaintiffs proposed claim form, #4 Exhibit D - Defendants proposed claim form)(BICKS, PETER)
August 28, 2017 Opinion or Order Motions Submitted: #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4], #346 MOTION for Judgment as a Matter of Law and Remittitur to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 25, 2017 Opinion or Order Filing 355 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C.. (BICKS, PETER)
August 11, 2017 Opinion or Order Filing 354 RESPONSE in Opposition re #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 8/25/2017 (BARRETT, JOHN)
August 8, 2017 Opinion or Order Filing 353 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/8/2017; that the motion, Doc. #352 , is GRANTED. The response shall be filed no later than August 11, 2017. (Sheets, Jamie)
August 8, 2017 Opinion or Order Motions Submitted: #352 MOTION for Extension of Time to File Response/Reply as to #346 MOTION for Judgment as a Matter of Law and Remittitur to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 7, 2017 Opinion or Order Filing 352 MOTION for Extension of Time to File Response/Reply as to #346 MOTION for Judgment as a Matter of Law and Remittitur by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
July 27, 2017 Opinion or Order Filing 351 MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 7/27/2017, that the defendants motion for post-trial procedures, Doc. 329, and the plaintiffs requests for post-trial procedures, Doc. 331, are GRANTED in part and DENIED in part as stated herein. The parties shall confer as directed and file such motions and submissions as are required by this order, as summarized in the Appendix. Unless stated otherwise in this order, the time frame and word limits for briefing are those set forth in the Local Rules. For all matters where joint submissions are required, the joint submission shall specifically state areas of agreement and disagreement and shall include proposed orders, if applicable. If the parties do not reach full agreement, each party may file a brief at the time of the joint submission addressing areas of disagreement. In view of the degree of advance consultation required, the Court expects the parties to address all issues in the initial briefs, which are limited to 6,000 words. The parties may file short response briefs no longer than 2500 words within ten days, if necessary, and no reply briefs are allowed.(Daniel, J)
July 20, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 7/20/2017 regarding post trial proceedings. John Barrett, Matthew McCue and John Roddy present as counsel for plaintiff and John Ewald and Elyse Echtman present as counsel for defendant. (Sanders, Marlene)
July 20, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The parties are directed to hold open September 6, 2017 and September 25, 2017, for a potential hearing on pending matters. (Sanders, Marlene)
July 20, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: Court GRANTS #340 MOTION for Leave to File a Sur-Reply filed by DISH NETWORK L.L.C. (Sanders, Marlene)
July 19, 2017 Opinion or Order Filing 350 SEALED UNREDACTED DOCUMENTS filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER). (BICKS, PETER)
July 19, 2017 Opinion or Order Filing 349 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] filed by DISH NETWORK L.L.C.. (BICKS, PETER)
July 19, 2017 Opinion or Order Filing 348 MOTION to Seal Certain Documents [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER)
July 19, 2017 Opinion or Order Filing 347 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #346 MOTION for Judgment as a Matter of Law and Remittitur filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 [REDACTED], #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(BICKS, PETER)
July 19, 2017 Opinion or Order Filing 346 MOTION for Judgment as a Matter of Law and Remittitur by DISH NETWORK L.L.C.. Response to Motion due by 8/9/2017 (BICKS, PETER)
July 17, 2017 Opinion or Order Filing 345 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 7/17/2017; that Jeremy Gilman is withdrawn as co-counsel of record for DISH in this action. (Sheets, Jamie)
July 17, 2017 Opinion or Order Motions Submitted: #344 MOTION to Withdraw as Attorney JEREMY GILMAN to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
July 14, 2017 Opinion or Order Filing 344 MOTION to Withdraw as Attorney JEREMY GILMAN by on behalf of DISH NETWORK L.L.C.. Responses due by 8/4/2017 (GILMAN, JEREMY)
June 28, 2017 Opinion or Order Filing 343 Transcript of Proceedings held on 06/16/2017, before Judge Catherine C. Eagles. Court Reporter Briana L. Bell, Telephone number 226-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 7/24/2017. Redacted Transcript Deadline set for 8/3/2017. Release of Transcript Restriction set for 9/29/2017. (Bell, Briana)
June 16, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference call held on 6/16/2017. Attorneys John Barrett, John Roddy, Matthew McCue and Matthew Norris participated on behalf of Plaintiff. Attorneys Elyse Echtman, Peter Bicks, Richard Keshian and John Ewald participated on behalf of Defendant. Parties reported to the Court the status of the issues regarding an interlocutory appeal; Court directed parties to continue discussion as to the most efficient and prompt manner to proceed; Court to decide post trial procedures and finalize; Court to issue decision in this matter. (Court Reporter Briana Bell.) (Welch, Kelly)
June 13, 2017 Opinion or Order Filing 342 Transcript of Proceedings held on June 7, 2017, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 7/10/2017. Redacted Transcript Deadline set for 7/17/2017. Release of Transcript Restriction set for 9/14/2017. (Calhoun, J.)
June 7, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Attorneys John Barrett, Matthew McCue and Matthew Norris present as counsel for plaintiff and Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present as counsel for defendant. Motion Hearing held on 6/7/2017 re: Post-Trial Procedures. Court directs counsel to confer regarding interlocutory appeal and all matters addressed by the Court to date. Court sets telephone conference for 6/16/17 at 8:30 a.m. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
June 6, 2017 Opinion or Order Filing 341 MEMORANDUM OPINION AND ORDER. Signed by JUDGE CATHERINE C. EAGLES on 6/6/2017, that Dish Network's motion for judgment as a matter of law (Doc. #318 ) and motion for a new trial (Doc. #320 ) are DENIED. (Daniel, J)
June 5, 2017 Opinion or Order Motions Submitted: #340 MOTION for Leave to File a Sur-Reply to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
June 2, 2017 Opinion or Order Filing 340 MOTION for Leave to File a Sur-Reply by DISH NETWORK L.L.C.. Responses due by 6/23/2017 (Attachments: #1 Exhibit A DISH's Sur-Reply, #2 Exhibit B Declaration of Dr. Debra J. Aron)(BICKS, PETER)
May 23, 2017 Opinion or Order Filing 339 NOTICE of Hearing: Motion Hearing set for 6/7/2017 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 22, 2017 Opinion or Order Filing 338 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 5/22/2017 as set out herein. (Sheets, Jamie)
May 22, 2017 Opinion or Order Motions Submitted: #329 MOTION for Oral Argument for Post-Trial Procedures to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 19, 2017 Opinion or Order Filing 337 REPLY in Support re #331 Brief Plaintiff's Reply in Support of Post-Trial Procedures filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Certification of Word Count)(BARRETT, JOHN) Modified on 5/22/2017 to correct title of document(Taylor, Abby).
May 19, 2017 Opinion or Order Filing 336 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #329 MOTION for Post-Trial Procedures filed by DISH NETWORK L.L.C. (BICKS, PETER)
May 16, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 5/16/17 DENYING #318 Defendant's Motion for Judgment as a Matter of Law and DENYING #320 Defendant's Motion for New Trial both filed 3/7/17. Opinion to follow as time permits. (Sanders, Marlene)
May 10, 2017 Opinion or Order Filing 335 BRIEF re #331 Brief [Brief in Opposition to Plaintff's Motion for Post-Trial Procedures] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Declaration of Dr. Debra J. Aron, #2 Exhibit B - Declaration of Laura Dozois, #3 Exhibit C - 9.24.16.Email from J Barrett to E. Echtman)(BICKS, PETER)
May 10, 2017 Opinion or Order Filing 334 RESPONSE in Opposition re #329 MOTION for Oral Argument for Post-Trial Procedures filed by DISH NETWORK L.L.C., #330 Memorandum, filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certification of Word Count)(BARRETT, JOHN)
May 9, 2017 Opinion or Order Filing 333 DEPOSITION (paper copy) of Tanya Maslennikov taken on 3/5/13, used during the trial of this matter 1/10/17 through 1/19/17.(Sanders, Marlene)
May 9, 2017 Opinion or Order Filing 332 VIDEOTAPED DEPOSITION (paper copy) of David Hill taken on 10/10/14, used during the trial of this matter 1/10/17 through 1/19/17. (Sanders, Marlene)
April 26, 2017 Opinion or Order Filing 331 Plaintiff's BRIEF on Post-Trial Procedures. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
April 26, 2017 Opinion or Order Filing 330 BRIEF In Support filed by Defendant DISH NETWORK L.L.C. re: #329 MOTION for Post-Trial Procedures (See #329 Motion for Exhibits to this Brief) (BICKS, PETER) Modified document description including to see #329 Motion for Exhibits on 4/27/2017. (Daniel, J)
April 26, 2017 Opinion or Order Filing 329 MOTION by DISH NETWORK L.L.C. for Post-Trial Procedures. Response to Motion due by 5/17/2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(BICKS, PETER) Modified document description on 4/27/2017. (Daniel, J)
April 18, 2017 Opinion or Order Filing 328 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/18/2017; the parties are to adhere to the following deadlines: April 26, 2017: Plaintiff and DISH will each file a motion outlining their proposed post-trial procedures. May 10, 2017: The parties will file their responses to these motions. May 19, 2017: The parties will file their replies. The usual page limits for briefing will apply. The Court will evaluate the need for a hearing after it reviews the briefing. The parties should keep June 7 available, should a hearing be needed. The Court anticipates denying pending motions, Docs. 318, 320, so the parties should proceed on that basis. (Sheets, Jamie)
April 14, 2017 Opinion or Order Filing 327 VIDEOTAPED DEPOSITION (paper copy) of Bahar Sophie Tehranchi taken on 8/26/13, used during the trial of this matter 1/10/17 through 1/19/17.(Sanders, Marlene)
April 12, 2017 Opinion or Order Motions Submitted: #320 MOTION for New Trial , #318 MOTION for Judgment as a Matter of Law to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 11, 2017 Opinion or Order Filing 326 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #320 MOTION for New Trial Defendant's Reply in Further Support filed by DISH NETWORK L.L.C.. (BICKS, PETER)
April 11, 2017 Opinion or Order Filing 325 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #318 MOTION for Judgment as a Matter of Law Defendant's Reply in Further Support filed by DISH NETWORK L.L.C.. (BICKS, PETER)
March 31, 2017 Opinion or Order Filing 324 NOTICE by DISH NETWORK L.L.C. re #314 Order, (Joint Submission with Proposed Schedule) (BICKS, PETER)
March 28, 2017 Opinion or Order Filing 323 RESPONSE Plaintiff's Response in Opposition to Dish Network's Motion for Judgment As A Matter of Law filed by Plaintiff THOMAS H. KRAKAUER re #318 MOTION for Judgment as a Matter of Law filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 4/11/2017 (BARRETT, JOHN)
March 28, 2017 Opinion or Order Filing 322 RESPONSE Plaintiff's Response to Dish's Motion For A New Trial filed by Plaintiff THOMAS H. KRAKAUER re #320 MOTION for New Trial filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 4/11/2017 (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
March 7, 2017 Opinion or Order Filing 321 BRIEF re #320 MOTION for New Trial . (Attachments: #1 Exhibit A - Expert Report Anya Verkhovskaya, #2 Exhibit B - Verkhovskaya Deposition Excerpts)(BICKS, PETER)
March 7, 2017 Opinion or Order Filing 320 MOTION for New Trial by DISH NETWORK L.L.C.. Response to Motion due by 3/28/2017 (BICKS, PETER)
March 7, 2017 Opinion or Order Filing 319 BRIEF re #318 MOTION for Judgment as a Matter of Law . (BICKS, PETER)
March 7, 2017 Opinion or Order Filing 318 MOTION for Judgment as a Matter of Law by DISH NETWORK L.L.C.. Response to Motion due by 3/28/2017 (BICKS, PETER)
March 3, 2017 Opinion or Order Filing 317 TRIAL BRIEF SUR-REBUTTAL by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(BICKS, PETER)
March 1, 2017 Opinion or Order Filing 316 Transcript of Proceedings held on 01/06/2017, re: Telephone Conference, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 3/27/2017. Redacted Transcript Deadline set for 4/6/2017. Release of Transcript Restriction set for 6/2/2017. (Russell, Lori)
March 1, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 3/1/17, GRANTING #315 Motion for Leave to File Sur-Rebuttal to Plaintiff's Rebuttal Closing Argument. (Sanders, Marlene)
March 1, 2017 Opinion or Order Electronic Notice to/from counsel for Plaintiff re #315 on 3/1/2017. No objection will be filed. (Sanders, Marlene)
February 28, 2017 Opinion or Order Filing 315 MOTION for Leave to File a Sur-Rebuttal to Plaintiff's Rebuttal Closing Argument by DISH NETWORK L.L.C.. Response to Motion due by 3/21/2017 (Attachments: #1 Sur-Rebuttal, #2 Exhibit A - DISH Form 10-K)(BICKS, PETER)
February 24, 2017 Opinion or Order Filing 314 POST-TRIAL SCHEDULING ORDER. Signed by JUDGE CATHERINE C. EAGLES on 2/24/2017, that no later than March 31, 2017, the parties shall file a Joint Submission on Post-Trial Issues, which shall identify all individual and subclass issues and all legal questions remaining to be resolved before final judgment can be entered, along with a proposed plan and schedule for resolving those issues as set out herein.(Daniel, J)
February 13, 2017 Opinion or Order Filing 313 TRIAL BRIEF Plaintiff's Rebuttal Closing Argument Regarding An Enhanced Award for Willful or Knowing Violations of the TCPA by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
February 9, 2017 Opinion or Order Filing 312 TRIAL BRIEF Defendant's Closing Statement by Defendant DISH NETWORK L.L.C..(ECHTMAN, ELYSE)
February 8, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: DENYING #311 as moot based on previous text order. Plaintiff does not need to respond to #290 . (Sanders, Marlene)
February 8, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: DENYING #290 Motion for Judgment as a Matter of Law, without prejudice to a Rule 50(b) motion.(Sanders, Marlene)
February 7, 2017 Opinion or Order Filing 311 MOTION Defer Response to Dish's Motion for Judgment As A Matter of Law by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
February 6, 2017 Opinion or Order Filing 310 Proposed Findings of Fact and Conclusions of Law by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Proposed Findings of Fact, #2 Exhibit B - Conclusions of Law)(BICKS, PETER)
February 6, 2017 Opinion or Order Filing 309 Proposed Findings of Fact and Conclusions of Law by THOMAS H. KRAKAUER.(BARRETT, JOHN)
February 6, 2017 Opinion or Order Filing 308 TRIAL BRIEF Plaintiff's Closing Argument Regarding an Enhanced Award for Willful and Knowing Violations of the TCPA by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
January 30, 2017 Opinion or Order Filing 307 Transcript of Proceedings held on 01/19/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 306 Transcript of Proceedings held on 01/18/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 305 Transcript of Proceedings held on 01/17/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 304 Transcript of Proceedings held on 01/13/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 303 Transcript of Proceedings held on 01/12/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 302 Transcript of Proceedings held on 01/11/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 30, 2017 Opinion or Order Filing 301 Transcript of Proceedings held on 01/10/2017, re: Trial, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (Russell, Lori)
January 26, 2017 Opinion or Order Filing 300 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/25/2017; that the motion, Doc. #298 , is GRANTED and the form of notice is approved for mailing; and FURTHER that notice be mailed to affected class members within four days of the entry of this Order. (Sheets, Jamie)
January 25, 2017 Opinion or Order Motions Submitted: #298 MOTION to Approve Plaintiff's Motion to Approve Form of Notice, With Request For Expedited Consideration to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 24, 2017 Opinion or Order Filing 298 MOTION to Approve Plaintiff's Motion to Approve Form of Notice, With Request For Expedited Consideration by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(BARRETT, JOHN)
January 20, 2017 Opinion or Order Filing 297 Jury Question #4 dated 1/19/17.(Sanders, Marlene)
January 20, 2017 Opinion or Order Filing 296 Jury Question #3 dated 1/18/17.(Sanders, Marlene)
January 20, 2017 Opinion or Order Filing 295 Jury Question #2 dated 1/18/17.(Sanders, Marlene)
January 20, 2017 Opinion or Order Filing 294 Jury Question #1 dated 1/18/17.(Sanders, Marlene)
January 20, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 1/20/17. In connection with the upcoming written closing arguments and proposed conclusions of law on the issue of willfulness, the Court directs the parties' attention to United States v. Blankenship, No. 16-4193, particularly pp. 13-19, decided yesterday (1/19/17) by the Fourth Circuit.(Sanders, Marlene)
January 19, 2017 Opinion or Order Filing 293 Final Jury Instructions. (Sheets, Jamie)
January 19, 2017 Opinion or Order Filing 292 JURY VERDICT. (Sheets, Jamie)
January 19, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 7)completed on 1/19/2017. Attorneys John Barrett, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. 10 jurors present and returned with a verdict at 2:20 p.m. Court sets following schedule for briefing regarding Willfulness Issue. All parties to submit conclusions of law and proposed findings of fact, as well as Plaintiff's written closing argument by 2/6/17. Defendant's written closing argument due 2/9/17 and Plaintiff's rebuttal due 2/13/17.(Court Reporter Lori Russell.) (Sanders, Marlene)
January 18, 2017 Opinion or Order Filing 299 Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/18/2017. (Day 6) held on 1/18/17. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Closing arguments by plaintiff and defendant. Court defers ruling on #290 , case will be submitted to jury. (See witness and exhibit list) Jury began deliberations at 2:10 p.m. Jury to continue deliberations on 1/19/17 at 9:00 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene) (Sanders, Marlene). (Sanders, Marlene).
January 18, 2017 Opinion or Order Set Hearings: Jury Trial set for 1/19/2017 at 9:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 17, 2017 Opinion or Order Filing 291 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #290 MOTION for Judgment as a Matter of Law filed by DISH NETWORK L.L.C.. (BICKS, PETER)
January 17, 2017 Opinion or Order Filing 290 MOTION for Judgment as a Matter of Law by DISH NETWORK L.L.C.. Response to Motion due by 2/7/2017 (BICKS, PETER)
January 17, 2017 Opinion or Order Motions Submitted: #290 MOTION for Judgment as a Matter of Law to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 17, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 5) held on 1/17/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Defendant presented evidence. Defendant rests. Defendant makes Oral Motion for Judgment as a Matter of Law; Court anticipates denying Motion, but defers ruling pending review of defendant's written motion and brief. Jury Trial continues 1/18/17 at 9:30 a.m. Attorneys to report at 9:15 a.m.(Court Reporter Lori Russell.) (Sanders, Marlene)
January 17, 2017 Opinion or Order Set Hearings: Jury Trial set for 1/18/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 16, 2017 Opinion or Order Filing 289 RESPONSE re #288 Notice (Other) Plaintiff's Response to Defendant's "Notice" filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
January 16, 2017 Opinion or Order Filing 288 NOTICE by DISH NETWORK L.L.C. (Re: Witness Order) (BICKS, PETER)
January 16, 2017 Opinion or Order Filing 287 NOTICE by DISH NETWORK L.L.C. (BICKS, PETER)
January 16, 2017 Opinion or Order TEXT ORDER granting #286 Motion to Exclude Defendant's Exhibit 25. The report is hearsay and is not admissible under Rule 803(8)A) on the current record, as it does not appear the report was prepared by a government agency or public office, nor does it appear the factual findings and opinions in the report are those of the FTC or were adopted by the FTC. However, the report is, in large part, relevant, and this ruling is without prejudice should further evidence offered by the defendant disclose other grounds for admissibility. Signed by JUDGE CATHERINE C. EAGLES on January 16, 2017. (EAGLES, CATHERINE)
January 15, 2017 Opinion or Order Filing 286 RESPONSE filed by Defendant DISH NETWORK L.L.C. re #286 MOTION to Exclude DX-25 filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(BICKS, PETER)
January 15, 2017 Opinion or Order Motions Submitted: #286 MOTION to Exclude DX-25 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 14, 2017 Opinion or Order Filing 285 MOTION to Exclude DX-25 by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
January 14, 2017 Opinion or Order ORDER denying #283 Motion to Allow impeachment Testimony from Holly McRae. The court concludes the evidence would be substantive and consistent with its earlier ruling, denies the motion in its discretion. Signed by JUDGE CATHERINE C. EAGLES on January 14, 2017. (EAGLES, CATHERINE)
January 13, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/13/2017. Jury Trial (Day 4) Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Plaintiff rests. Defendants make Oral Motion for Judgment as a Matter of Law; Court DENIES Motion. Defendant presents evidence. Plaintiff to submit supplemental briefing regarding admissibility of DX25 by 5:00 p.m. on 1/14/17; Defendants Response due 1/15/17 at 2:00 p.m. Jury Trial continued to 1/17/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
January 13, 2017 Opinion or Order Set Hearing: Jury Trial set for 1/17/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 13, 2017 Opinion or Order Motions Submitted: #283 MOTION to Allow Impeachment Testimony from Holly Taber Mcrae to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 12, 2017 Opinion or Order Filing 284 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #283 MOTION to Allow Impeachment Testimony from Holly Taber Mcrae filed by DISH NETWORK L.L.C.. (BICKS, PETER)
January 12, 2017 Opinion or Order Filing 283 MOTION to Allow Impeachment Testimony from Holly Taber Mcrae by DISH NETWORK L.L.C.. (BICKS, PETER)
January 12, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial held on 1/12/2017. Jury Trial (Day 3) Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Jury Trial continued to 1/13/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
January 12, 2017 Opinion or Order Set Hearings: Jury Trial set for 1/13/17 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 11, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial (Day 2) held on 1/11/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Plaintiff presented evidence. Jury Trial continued to 1/12/17 at 9:30 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
January 11, 2017 Opinion or Order Set Hearings: Jury Trial set for 1/12/17 at 9:30 a.m. in Greensboro Courtroom 3, before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 10, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Selection held on 1/10/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. 10 Jurors selected and empaneled. (Court Reporter Lori Russell.) (Sanders, Marlene)
January 10, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Jury Trial begun on 1/10/2017. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Court GRANTS Oral Motion by plaintiff to sequester witnesses. Opening Statements by plaintiff and defendant. Jury Trial continued to 9:30 a.m. on 1/11/17. (Court Reporter Lori Russell.)
January 10, 2017 Opinion or Order Set/Reset Hearings: Jury Trial set for 1/11/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 8, 2017 Opinion or Order Set/Reset Hearings: Jury Trial RESET for 1/10/2017 at 10:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 8, 2017 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES, due to inclement weather, the Jury Trial will be postponed until 1/10/17. Jurors will report at 10:00 a.m. and counsel and parties at 10:30 a.m. (Sanders, Marlene)
January 6, 2017 Opinion or Order Filing 282 Suggestion of Subsequently Decided Authority by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1)(BICKS, PETER)
January 6, 2017 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference held on 1/6/2017. Attorneys for plaintiff Brian Glass John Barrett and Matthew Norris; Attorneys for defendant Peter Biggs, Elyse Echtman, John Ewald participated. Court will allow plaintiff to us PX55 as it relates to control in their Opening Statement. Jury will report at 9:30 a.m., Jury selection will begin at 11:00 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene)
January 5, 2017 Opinion or Order Filing 281 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/5/2017. At the upcoming trial, each party anticipates presenting testimony from Bahar Tehranchi by way of video deposition. Each party has objected to some of the testimony designated by the other for presentation to the jury. See Doc. #280 . After review of the deposition transcript and consideration of the objections and responses, the Court overrules all objections. (Sheets, Jamie)
January 5, 2017 Opinion or Order Filing 280 NOTICE by DISH NETWORK L.L.C. (Joint Submission re Deposition Designations) (Attachments: #1 Exhibit A - Transcript of B. Tehranchi deposition)(BICKS, PETER)
January 4, 2017 Opinion or Order Filing 279 NOTICE of Appearance by attorney SHASHA Y. ZOU on behalf of Defendant DISH NETWORK L.L.C. (ZOU, SHASHA)
January 4, 2017 Opinion or Order Filing 278 SEALED UNREDACTED DOCUMENTS [Amended Unredacted Versions of Call Categories] filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #269 SEALED UNREDACTED DOCUMENTS Unredacted Versions of Call Categories filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #267 STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ECHTMAN, ELYSE)
January 4, 2017 Opinion or Order Filing 277 STIPULATION re #267 Stipulation [Amended Joint Stipulation Regarding Call Categories] by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(ECHTMAN, ELYSE)
January 4, 2017 Opinion or Order Filing 276 ORDER signed by JUDGE CATHERINE C. EAGLES on 01/04/2017, that Jamie L. Shookman is withdrawn as counsel of record in the above-captioned action. (Garland, Leah)
January 4, 2017 Opinion or Order Motions Submitted: #273 MOTION to Withdraw as Attorney JAMIE L. SHOOKMAN to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 3, 2017 Opinion or Order Filing 275 PRETRIAL DISCLOSURES by DISH NETWORK L.L.C..(BICKS, PETER)
January 3, 2017 Opinion or Order Filing 274 FINAL PRETRIAL DISCLOSURES by THOMAS H. KRAKAUER.(BARRETT, JOHN)
January 3, 2017 Opinion or Order Filing 273 MOTION to Withdraw as Attorney JAMIE L. SHOOKMAN by on behalf of DISH NETWORK L.L.C.. Responses due by 1/24/2017 (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw Appearance of Counsel)(SHOOKMAN, JAMIE)
January 3, 2017 Opinion or Order Filing 272 ORDER signed by JUDGE CATHERINE C. EAGLES on 1/3/2017 as set out herein. (Attachments: #1 Juror Questionnaire) (Sheets, Jamie)
December 29, 2016 Opinion or Order Filing 271 SECOND ORDER MODIFYING CLASS DEFINITION signed by JUDGE CATHERINE C. EAGLES on 12/29/2016. (Coyne, Michelle)
December 29, 2016 Opinion or Order Filing 270 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/29/2016 GRANTING Motions to Seal #265 and #268 . The materials on file at Docs #266 and #269 shall remain under seal. (Coyne, Michelle) (Main Document 270 replaced on to reflect correct case number 12/29/2016) (Coyne, Michelle).
December 29, 2016 Opinion or Order Motions Submitted: #268 MOTION to Seal Unredacted Versions of Call Categories; #265 MOTION to Seal Third Stipulated Exclusion List to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 23, 2016 Opinion or Order Filing 269 SEALED UNREDACTED DOCUMENTS Unredacted Versions of Call Categories filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #267 STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
December 23, 2016 Opinion or Order Filing 268 MOTION to Seal Unredacted Versions of Call Categories [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 1/13/2017 (BARRETT, JOHN)
December 23, 2016 Opinion or Order Filing 267 STIPULATION Regarding Call Categories by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
December 23, 2016 Opinion or Order Filing 266 SEALED UNREDACTED DOCUMENTS Third Stipulated Exclusion List filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #264 STIPULATION Third Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit 1)(BARRETT, JOHN). (BARRETT, JOHN)
December 23, 2016 Opinion or Order Filing 265 MOTION to Seal Third Stipulated Exclusion List [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Response to Motion due by 1/13/2017 (BARRETT, JOHN)
December 23, 2016 Opinion or Order Filing 264 Third Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
December 22, 2016 Opinion or Order Motions Submitted: #263 Joint MOTION for Extension of Time to File Stipulations to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda)
December 22, 2016 Opinion or Order TEXT ORDER granting #263 Motion for Extension of Time to File Stipulations by 12/26/2016 by JUDGE CATHERINE C. EAGLES on 12/22/2016. (Williamson, Wanda)
December 21, 2016 Opinion or Order Filing 263 Joint MOTION for Extension of Time to File Stipulations by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
December 19, 2016 Opinion or Order Filing 262 Supplemental BRIEF re Pretrial Conference - Final,,,, [Supplemental Briefing on Plaintiff's IDNC Claim]. (Attachments: #1 Exhibit A - Montano Deposition, #2 Exhibit B - Montano Deposition Ex. 1 - 30(b)(6), #3 C - Taylor Deposition)(BICKS, PETER)
December 19, 2016 Opinion or Order Filing 261 NOTICE by DISH NETWORK L.L.C. re Pretrial Conference - Final,,,, The Parties' Revised Joint Jury Questionnaire (Attachments: #1 Revised Joint Jury Questionnaire)(BICKS, PETER)
December 19, 2016 Opinion or Order Filing 260 Transcript of Pretrial motions Proceedings held on 12-12-16, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/12/2017. Redacted Transcript Deadline set for 1/23/2017. Release of Transcript Restriction set for 3/23/2017. (Calhoun, J.) (Main Document 260 replaced on 12/19/2016) (Contreras, Jamie).
December 16, 2016 Opinion or Order Filing 259 ORDER ON JOINT MOTION FOR EXTENSION OF TIME signed by JUDGE CATHERINE C. EAGLES on 12/16/2016; that the December 15, 2016 deadline set forth in the December 6, 2016 Order is extended through and including December 22, 2016. (Sheets, Jamie)
December 16, 2016 Opinion or Order Motions Submitted: #258 Joint MOTION for Extension of Time to File Certain Stipulations set forth in the December 6, 2016 Order to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 15, 2016 Opinion or Order Filing 258 Joint MOTION for Extension of Time to File Certain Stipulations set forth in the December 6, 2016 Order by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
December 12, 2016 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Final Pretrial Conference held on 12/12/2016. Attorneys John Barrett, Brian Glasser, Matthew McCue and Jacob Norris present for plaintiff. Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present for defendant. Supplemental briefing re: IDNC claim due from the defendant by 12/19/16 and plaintiff by 12/29/16 (5 page limit for both parties). The Court grants oral motion for extension of time regarding notice to class members removed from class per Court's order #243 ; date to be stated in the new stipulation, forthcoming from the parties, covering all modifications to class definition. Preliminary Jury instructions will be modified as stated in open court. Parties to revise Jury Questionnaire per court direction and submit in Word format to clerk by 12/19/16. Deposition designations are due 12/21/16, Counter designations due 12/28/16, Objections due 12/30/16. Final exhibit and witness lists due 1/3/17. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
December 9, 2016 Opinion or Order Filing 257 NOTICE of Appearance by attorney DAVID LITTERINE-KAUFMAN on behalf of Defendant DISH NETWORK L.L.C. (LITTERINE-KAUFMAN, DAVID)
December 9, 2016 Opinion or Order Filing 256 NOTICE of Appearance by attorney JULIE GORCHKOVA on behalf of Defendant DISH NETWORK L.L.C. (GORCHKOVA, JULIE)
December 9, 2016 Opinion or Order Filing 255 NOTICE of Appearance by attorney ALLEGRA A. NOONAN on behalf of Defendant DISH NETWORK L.L.C. (NOONAN, ALLEGRA)
December 9, 2016 Opinion or Order Filing 254 NOTICE of Appearance by attorney LOUISA S. IRVING on behalf of Defendant DISH NETWORK L.L.C. (IRVING, LOUISA)
December 8, 2016 Opinion or Order Filing 253 RESPONSE by Defendant DISH NETWORK L.L.C. re #246 Order,, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(BICKS, PETER)
December 8, 2016 Opinion or Order Filing 252 Proposed Jury Instructions by Plaintiff THOMAS H. KRAKAUER Plaintiffs Proposed Modification of the Courts Draft Preliminary Instructions. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
December 6, 2016 Opinion or Order Filing 251 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/6/2016 granting in part #250 Motion for Extension of Time to File as stated herein; the Court requires the parties to submit a near-final draft of the stipulations by e-mail to the case manager no later than December 12, 2016 at 8:00 a.m. The deadline for filing the stipulations on the court docket is extended to December 15, 2016. (Sheets, Jamie)
December 6, 2016 Opinion or Order Motions Submitted: #250 Joint MOTION for Extension of Time to File Certain Stipulations Pursuant to the September 8, 2016 Minute Entry to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 5, 2016 Opinion or Order Filing 250 Joint MOTION for Extension of Time to File Certain Stipulations Pursuant to the September 8, 2016 Minute Entry by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
December 5, 2016 Opinion or Order Filing 249 NOTICE by DISH NETWORK L.L.C. re: Joint Jury Questionnaire (Attachments: #1 Exhibit A - Joint Jury Questionnaire)(BICKS, PETER)
December 5, 2016 Opinion or Order Filing 248 STIPULATION Second Stipulation Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1)(BARRETT, JOHN)
November 29, 2016 Opinion or Order Filing 247 LIST The Parties' Joint Agenda for the December 12, 2016 Pretrial Conference by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
November 21, 2016 Opinion or Order Filing 246 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/21/2016. Counsel shall confer with each other about the draft instructions attached to this Order. To the extent counsel have suggestions for improvement, deletions, or additions directed to the merits, they shall be submitted in writing no later than December 8, 2016. Counsel shall also provide a copy in Word format to the Court's case manager. Any such suggestions shall be written in plain language and shall be as concise as possible.(Daniel, J)
November 21, 2016 Opinion or Order Filing 245 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/21/2016; that the motion to seal, (Doc. #240 ), is GRANTED and the materials at Doc. #241 shall remain under seal. (Sheets, Jamie)
November 17, 2016 Opinion or Order Filing 244 NOTICE of Trial Calendar Jury Trial set for 1/9/2017 09:30 AM in Greensboro Courtroom #2 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin)
November 14, 2016 Opinion or Order Filing 243 ORDER MODIFYING CLASS DEFINITION signed by JUDGE CATHERINE C. EAGLES on 11/14/2016, that, consistent with the authority cited above, the class definition is modified to exclude class members with the telephone numbers on the Stipulated Exclusion List; FURTHER that the plaintiff shall, within thirty days after this Order is entered, send postcard notice in accordance with the class notice order, (Doc. #153 ), to those persons previously provided with class notice with respect to those telephone numbers explaining that they are excluded from the class; and FURTHER that the parties' Stipulation, (Doc. #239 ), does not waive any right to challenge any ruling in this action, including but not limited to the class certification order and the class notice order. DISH reserves its right to seek to admit evidence relating to this stipulation at trial; the plaintiff reserves his right to oppose the admission of that evidence. (Butler, Carol)
November 14, 2016 Opinion or Order Filing 242 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/14/2016; The parties shall confer about matters requiring resolution or discussion at the upcoming pretrial conference and shall prepare a joint agenda for that conference containing all such matters. They shall file the proposed agenda no later than November 29, 2016. The parties shall schedule a final mediated settlement conference with the mediator to take place no later than December 16, 2016. If the parties are unable to get on the mediator's schedule by that date, they shall either agree on another mediator or advise the Court, who will appoint a mediator with scheduling flexibility. (Sheets, Jamie)
November 7, 2016 Opinion or Order Motions Submitted: #240 MOTION to Seal Plaintiff's Unopposed Motion to Seal to JUDGE CATHERINE C. EAGLES. (Williamson, Wanda)
November 4, 2016 Opinion or Order Filing 241 SEALED UNREDACTED DOCUMENTS Stipulated Exclusion List filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #240 MOTION to Seal Plaintiff's Unopposed Motion to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Responses due by 11/28/2016 (Attachments: # 1 Text of Proposed Order)(BARRETT, JOHN), #239 STIPULATION Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: # 1 Exhibit A)(BARRETT, JOHN). (BARRETT, JOHN)
November 4, 2016 Opinion or Order Filing 240 MOTION to Seal Plaintiff's Unopposed Motion to Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4] by THOMAS H. KRAKAUER. Responses due by 11/28/2016 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
November 4, 2016 Opinion or Order Filing 239 STIPULATION Regarding the Class Definition by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
October 17, 2016 Opinion or Order Filing 238 TRIAL MEMO - The Parties' Revised Joint Submission by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiff's Third Revised Proposed Verdict Sheet, #2 Exhibit B - Defendant's Third Revised Proposed Verdict Sheet)(BICKS, PETER)
October 17, 2016 Opinion or Order Filing 237 REPORT - The Parties' Joint Report Regarding Their Plan of Dismissal for Certain Claims by Agreement by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
October 17, 2016 Opinion or Order Filing 236 REPORT - The Parties' Joint Report Regarding Their EBR-Related Trial Management Discussions by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
October 5, 2016 Opinion or Order Filing 235 ORDER signed by JUDGE CATHERINE C. EAGLES on 10/5/2016, that the Motion is GRANTED. The parties' plan of dismissal for some claims by agreement, and a revised joint submission limited to certain issues regarding the verdict sheet shall be filed on October 17, 2016. The parties report regarding their discussion of trial management issues related to the EBR defense shall be filed that same day. (Butler, Carol)
October 5, 2016 Opinion or Order Filing 234 MOTION for Extension of Time to File by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
October 5, 2016 Opinion or Order Motions Submitted: #234 MOTION for Extension of Time to File to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 19, 2016 Opinion or Order Filing 233 AMENDED ORDER REGARDING PLAINTIFFS MOTION IN LIMINE Signed by JUDGE CATHERINE C. EAGLES on 9/19/2016; that Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED IN PART as to items 1, 7, and 8, and DENIED AS MOOT as to item 2. Dish may not present any evidence at trial of its established business relationship defense beyond the EBR list provided during discovery (Dish's Exhibit 32) and testimony from Bruce Werner about that list, subject to further order of the Court related to trial management issues and without prejudice to relevance, foundation, hearsay, and other evidentiary objections. The Court directs Dish to file a proffer of Mr. Werner's testimony, or to submit him for deposition by the plaintiff, by October 7, 2016, as directed supra p. 19. Dish may not use Exhibits 31A to 31S as affirmative evidence or on crossexamination. Dish may not use testimony related to Dr. Aron's supplemental report. (Sheets, Jamie)
September 19, 2016 Opinion or Order Filing 232 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/19/2016; that the defendant Dish's motion for reconsideration, (Doc. #213 ), is GRANTED. (Sheets, Jamie)
September 16, 2016 Opinion or Order Filing 231 Transcript of Pretrial Motion Proceedings held on 9-8-16, before Judge Eagles. Court Reporter Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/20/2016. Release of Transcript Restriction set for 12/19/2016. (Calhoun, J.)
September 8, 2016 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference/Settlement Conference held on 9/8/2016. Attorneys John Barrett, Brian Glasser, Matthew McCue and Matthew Norris present as counsel for plaintiff; Attorneys Peter Bicks, Elyse Echtman, John Ewald and Richard Keshian present as counsel for defendant. Court takes #213 Motion for Reconsideration under advisement. Counsel to file Plan of Dismissal for some claims per agreement and Revised Joint Submission limited to verdict sheet and category descriptions by 10/7/16; Any stipulation as to Dr. Krakauer's individual claims should be filed as far in advance of trial as possible; Stipulations as to categories due 12/5/16; Final Pretrial Conference 12/12/16 at 10:00 a.m. in Greensboro, Courtroom 3; Jury Trial 1/9/17 at 9:30 a.m. in Greensboro, Courtroom 3. Jury Selection and opening statements on 1/9/17; presentation of evidence begins on 1/10/17. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
September 8, 2016 Opinion or Order Set Hearings: Final Pretrial Conference set for 12/12/2016 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Jury Trial set for 1/9/2017 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 6, 2016 Opinion or Order Motions Submitted: #213 MOTION for Reconsideration re #209 Order, Regarding Plaintiff's Motion in Limine No. One to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 2, 2016 Opinion or Order Filing 230 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/2/2016, that the defendant's motion to certify the Court's August 5 order for interlocutory appeal, (Doc. #226 ), is DENIED. (Daniel, J)
September 1, 2016 Opinion or Order Filing 229 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Condensed Deposition Transcripts of Bruce Werner)(BICKS, PETER)
August 30, 2016 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 8/30/16: Directing defense counsel to file the full transcript of the deposition of Bruce Werner, in condensed form, within three business days. (Sanders, Marlene)
August 29, 2016 Opinion or Order Filing 228 REPORT re #211 Order,, [Joint Report in Response to Supplemental Scheduling Order] by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Plaintiff's Second Revised Verdict Sheet, #2 Exhibit B - Plaintiff's Second Revised Jury Instructions, #3 Exhibit C - DISH's Second Revised Verdict Sheet, #4 Exhibit D - DISH's Redline Second Revised Jury Instructions)(BICKS, PETER)
August 23, 2016 Opinion or Order Filing 227 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #226 MOTION to Certify the Court's August 5, 2016 Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) filed by DISH NETWORK L.L.C.. (BICKS, PETER)
August 23, 2016 Opinion or Order Filing 226 MOTION to Certify the Court's August 5, 2016 Order for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) by DISH NETWORK L.L.C.. Responses due by 9/16/2016 (BICKS, PETER)
August 22, 2016 Opinion or Order Filing 225 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/22/2016; that the August 22, 2016 deadline set forth in the Court's Order entered on August 12, 2016, (Doc. #211 ), is extended through and including August 29, 2016. The Court appreciates the efforts of the parties to work through pretrial issues and has now granted two continuances for that purpose. A further continuance is unlikely, however, as it would impede the Court's preparation for the upcoming pretrial conference. (Sheets, Jamie)
August 22, 2016 Opinion or Order Motions Submitted: #224 Consent MOTION for Extension of Time to File Joint Report to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 19, 2016 Opinion or Order Filing 224 Consent MOTION for Extension of Time to File Joint Report by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(BICKS, PETER)
August 15, 2016 Opinion or Order Filing 223 RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 9/1/2016. (BARRETT, JOHN)
August 15, 2016 Opinion or Order Filing 222 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/15/2016; Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED as to Items 11, 12, and 14; DENIED as to Item 9; and DENIED without prejudice as to Items 4,5, 10, and 13. Item 3 of Dr. Krakauer's motion in limine is GRANTED in part and DENIED AND DEFERRED in part, as stated herein. Item 6 of Dr. Krakauer's motion in limine is GRANTED in part and DENIED in part, as stated herein. Dish's first motion in limine, (Doc. #178 ), is GRANTED in part and DENIED in part, as stated herein. Dish's second and fifth motions in limine, (Docs. #180 , #189 ), are DENIED. Dish's third motion in limine, (Doc. #184 ), is DENIED without prejudice. Dish's fourth motion in limine, (Doc. #187 ), is GRANTED in part and DENIED AND DEFERRED in part, as stated herein. Dish's motion for leave, (Doc. #198 ), to file a reply in further support of its first motion in limine is GRANTED. Dish's motion for leave, (Doc. #212 ), to file supplemental evidence in opposition to Dr. Krakauer's motion in limine is GRANTED. (Sheets, Jamie)
August 12, 2016 Opinion or Order Filing 221 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/12/2016, that the August 15, 2016 deadline set forth in the Courts Supplemental Scheduling Order, (Doc. #211 ), is extended through and including August 22, 2016. (Butler, Carol)
August 12, 2016 Opinion or Order Filing 220 Joint MOTION for Extension of Time to File Joint Report by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order on Motion for Extension of Time) (BICKS, PETER)
August 12, 2016 Opinion or Order Motions Submitted: #220 Joint MOTION for Extension of Time to File Joint Report to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 9, 2016 Opinion or Order Filing 219 RESPONSE re #212 MOTION for Leave to File Supplemental Evidence in Opposition to Plaintiff's Motion in Limine filed by THOMAS H. KRAKAUER. Replies due by 8/26/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(BARRETT, JOHN)
August 5, 2016 Opinion or Order Filing 218 ORDER signed by JUDGE CATHERINE C. EAGLES on 8/5/2016; that the defendant Dish Network L.L.C.'s motion to dismiss or in the alternative to decertify the classes, (Doc. #196 ), is DENIED. (Sheets, Jamie)
August 2, 2016 Opinion or Order Filing 217 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF COUNSEL signed by JUDGE CATHERINE C. EAGLES on 8/2/2016; that Jacob D. Albertson is withdrawn as counsel of record in this case. (Sheets, Jamie)
August 2, 2016 Opinion or Order Motions Submitted: #216 MOTION to Withdraw as Attorney JACOB D. ALBERTSON to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 1, 2016 Opinion or Order Filing 216 MOTION to Withdraw as Attorney JACOB D. ALBERTSON by on behalf of DISH NETWORK L.L.C.. Responses due by 8/25/2016 (Attachments: #1 Text of Proposed Order)(ALBERTSON, JACOB)
August 1, 2016 Opinion or Order Filing 215 RESPONSE by Plaintiff THOMAS H. KRAKAUER re #199 Objection - Other Plaintiff's Response to Defendant's Objections to Proposed Jury Instructions. (BARRETT, JOHN)
July 22, 2016 Opinion or Order Filing 214 BRIEF re #213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (Attachments: #1 Declaration of Benjamen E. Kern, #2 Exhibit A (6/30/2015 hearing transcript), #3 Exhibit B (3/17/2015 B. Werner depo transcript))(BICKS, PETER)
July 21, 2016 Opinion or Order Filing 213 MOTION for Reconsideration re #209 Order,, Regarding Plaintiff's Motion in Limine No. One by DISH NETWORK L.L.C.. Responses due by 8/15/2016 (Attachments: #1 Brief in Support of Its Limited Motion for Reconsideration of the Court's Order Regarding Plaintiff's Motion in Limine No. One, #2 Declaration of Benjamen E. Kern, #3 Exhibit A to Kern Declaration, #4 Exhibit B to Kern Declaration)(BICKS, PETER)
July 18, 2016 Opinion or Order Filing 212 MOTION for Leave to File Supplemental Evidence in Opposition to Plaintiff's Motion in Limine by DISH NETWORK L.L.C.. Responses due by 8/11/2016 (Attachments: #1 Declaration of Eric L. Zalud)(ZALUD, ERIC)
July 15, 2016 Opinion or Order Filing 211 SUPPLEMENTAL SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 7/15/2016; Counsel are directed to confer by telephone no later than July 22, then to exchange written proposals no later than July 29, and then to meet in person and confer in an effort to come to a sensible and efficient resolution as set out herein. Counsel shall jointly report to the Court in writing no later than August 15 concerning their progress. The matter is set for pretrial conference on Thursday, September 8, 2016 at 10 a.m. (Sheets, Jamie)
July 15, 2016 Opinion or Order Filing 210 NOTICE of Hearing: Pretrial/Scheduling Conference set for 9/8/2016 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
July 15, 2016 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 7/15/16: It would be helpful to the Court if plaintiff responded to the defense objections to plaintiffs proposed jury instructions ([199-1], objecting to #174 ). No later than 8/1/16, plaintiff can file a brief no longer than 14 pages addressing the objections raised by the defendant. (Sanders, Marlene)
July 12, 2016 Opinion or Order Filing 209 ORDER REGARDING PLAINTIFFS MOTION IN LIMINE signed by JUDGE CATHERINE C. EAGLES on 7/12/2016; that Dr. Krakauer's motion in limine, (Doc. #181 ), is GRANTED IN PART as to paragraphs 1, 2, 7, and 8. Dish may not use Exhibits 31A to 31S as affirmative evidence or on cross-examination. Dish may not present any evidence at trial of its established business relationship defense, including any evidence that class members established an EBR by asking SSN to "call back." Dish may not use testimony related to Dr. Aron's supplemental report. Dish's motions in limine and the remainder of Dr. Krakauer's motion in limine remain under advisement. (Sheets, Jamie)
July 12, 2016 Opinion or Order Motions Submitted: #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
July 11, 2016 Opinion or Order Filing 208 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - July 6, 2016 Email)(BICKS, PETER)
July 1, 2016 Opinion or Order Filing 207 Suggestion of Subsequently Decided Authority re #206 Response in Opposition to Motion, by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
June 23, 2016 Opinion or Order Filing 206 RESPONSE in Opposition re #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by THOMAS H. KRAKAUER. Replies due by 7/11/2016. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
June 21, 2016 Opinion or Order Filing 205 INITIAL DISCLOSURES by DISH NETWORK L.L.C.. (Attachments: #1 Defendant DISH Network L.L.C.'s Initial Disclosures, dated 7.9.14, #2 Defendant DISH Network L.L.C.'s Supplemental Answer to Plaintiff's First Set of Interrogatories, dated 1.23.15, #3 Defendant DISH Network L.L.C.'s Answers, Responses, and Objections to Plaintiff's Third Set of Interrogatories, Requests for Production, and Requests for Admission, dated 3.12.15, #4 Defendant DISH Network L.L.C.'s Supplemental Answers to Plaintiff's First Set of Interrogatories and DISH's Initial Disclosures, dated 3.16.15, #5 Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1), dated 7.1.14, #6 Plaintiff's Second Supplemental Response to DISH's First Set of Interrogatories and Requests for Production Propounded to Plaintiff Thomas H. Krakauer, dated 12.22.14)(BICKS, PETER)
June 16, 2016 Opinion or Order Filing 204 Transcript of Pretrial Motions Proceedings held on 6-3-16, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. (Calhoun, J.)
June 3, 2016 Opinion or Order Filing 203 ORDER CONTINUING TRIAL signed by JUDGE CATHERINE C. EAGLES on 6/3/2016. The Court does not anticipate a trial date earlier than November 2016, but it will make a decision on that after evaluating the motions in limine, addressing manageability issues that have arisen, and considering Dish's recently filed motion to dismiss. The parties shall keep the Court advised of any developments in United States v. DISH Network, L.L.C. (Daniel, J)
June 3, 2016 Opinion or Order Filing 202 NOTICE of Appearance by attorney JAMIE L. SHOOKMAN on behalf of Defendant DISH NETWORK L.L.C. (SHOOKMAN, JAMIE)
June 3, 2016 Opinion or Order Filing 201 NOTICE of Appearance by attorney JACOB D. ALBERTSON on behalf of Defendant DISH NETWORK L.L.C. (ALBERTSON, JACOB)
June 3, 2016 Opinion or Order ORAL ORDER GRANTING #173 Motion to Continue issued by JUDGE CATHERINE C. EAGLES. See Minute Entry dated 6/3/16. (Sanders, Marlene)
June 3, 2016 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference held on 6/3/2016. Attorneys Anthony Paronich, Brian Glasser, John Barrett, Matthew McCue and Jacob Matthew Norris present as counsel for plaintiff and Attorneys David Krueger, Elyse Echtman, Eric Zalud, John Ewald, Peter Bicks, Richard Keshian and Jacob Albertson present as counsel for defendants. Court GRANTS #173 ; Trial continued to a time to be determined by the Court; Court takes Motions in Limine under advisement. Briefing on Motion in Limine #196 to proceed on normal briefing schedule. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
June 2, 2016 Opinion or Order Filing 200 OBJECTION - Other re #175 Proposed Jury Verdict by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(BICKS, PETER)
June 2, 2016 Opinion or Order Filing 199 OBJECTION - Other re #174 Proposed Jury Instructions by Defendant DISH NETWORK L.L.C. (Attachments: #1 Exhibit A) (BICKS, PETER) (Attachment 1 replaced on 7/14/2016) (Sheets, Jamie)
June 2, 2016 Opinion or Order Filing 198 MOTION for Leave to File a Reply in Further Support of Motion in Limine No. One by DISH NETWORK L.L.C.. Responses due by 6/27/2016 (Attachments: #1 Exhibit A - Reply in Further Support of Motion in Limine No. One)(BICKS, PETER)
June 2, 2016 Opinion or Order Filing 197 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice filed by DISH NETWORK L.L.C.. (BICKS, PETER)
June 2, 2016 Opinion or Order Filing 196 MOTION to Dismiss or, in the Alternative, Decertify the NDNC and IDNC Classes Based Upon Spokeo, Inc. v. Robins and Insufficient Class Notice by DISH NETWORK L.L.C.. Responses due by 6/27/2016 (BICKS, PETER)
May 27, 2016 Opinion or Order Filing 195 TRIAL BRIEF [Responsive Brief on Whether the Court or Jury Should Decide the Issue of "Willful or Knowing" Conduct] by Defendant DISH NETWORK L.L.C..(BICKS, PETER)
May 27, 2016 Opinion or Order Filing 194 RESPONSE re #181 MOTION in Limine filed by DISH NETWORK L.L.C.. Replies due by 6/13/2016. (Attachments: #1 Declaration of Elyse D. Echtman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(BICKS, PETER)
May 27, 2016 Opinion or Order Filing 193 TRIAL MEMO [Joint Proposal for Division of Trial Time] by DISH NETWORK L.L.C..(BICKS, PETER)
May 27, 2016 Opinion or Order Filing 192 RESPONSE re #187 MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish, #189 MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel, #180 MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws, #178 MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance, #184 MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN filed by THOMAS H. KRAKAUER. Replies due by 6/13/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(BARRETT, JOHN)
May 17, 2016 Opinion or Order Filing 191 BRIEF re #170 Order [Brief on Whether the Court or Jury Should Decide the Issue of "Willful or Knowing" Conduct] by Defendant DISH NETWORK L.L.C. filed by DISH NETWORK L.L.C.. (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 190 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #189 MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel filed by DISH NETWORK L.L.C.. (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 189 MOTION in Limine No. Five to Preclude Admission of 2005 Statements Made by Dish-In-House Counsel by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 188 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #187 MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish filed by DISH NETWORK L.L.C.. (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 187 MOTION in Limine No. Four to Preclude Evidence Relating to Litigations and Settlements with Governmental Entities Concerning Alleged Misconduct by SSN or Dish by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 186 Plaintiff's BRIEF On Whether The Court Or The Jury Should Decide If Dish's Violations Were Willful Or Knowing by Plaintiff THOMAS H. KRAKAUER by THOMAS H. KRAKAUER. (BARRETT, JOHN)
May 17, 2016 Opinion or Order Filing 185 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #184 MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN filed by DISH NETWORK L.L.C.. (Attachments: #1 Appendix A)(BICKS, PETER)
May 17, 2016 Opinion or Order Filing 184 MOTION in Limine No. Three to Preclude Evidence Relating to Retailers Other Than SSN by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 183 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #181 MOTION in Limine filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(BARRETT, JOHN)
May 17, 2016 Opinion or Order Filing 182 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #180 MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws filed by DISH NETWORK L.L.C.. (Attachments: #1 Appendix A)(BICKS, PETER)
May 17, 2016 Opinion or Order Filing 181 MOTION in Limine by THOMAS H. KRAKAUER. Responses due by 6/10/2016 (BARRETT, JOHN)
May 17, 2016 Opinion or Order Filing 180 MOTION in Limine No. Two to Preclude Evidence of any Alleged Prior Telemarketing Misconduct by SSN Unrelated to the TCPA's "Do-Not-Call" Laws by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 179 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #178 MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance filed by DISH NETWORK L.L.C.. (BICKS, PETER)
May 17, 2016 Opinion or Order Filing 178 MOTION in Limine No. One to Preclude Evidence Relating to Dish's Internal Telemarketing Compliance by DISH NETWORK L.L.C.. Responses due by 6/10/2016 (Attachments: #1 Appendix A)(BICKS, PETER)
May 12, 2016 Opinion or Order Filing 177 Proposed Jury Verdict Form by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Revised Proposed Verdict Sheet)(BICKS, PETER)
May 12, 2016 Opinion or Order Filing 176 Proposed Jury Instructions by Defendant DISH NETWORK L.L.C. . (Attachments: #1 Exhibit A - DISH Revised Proposed Jury Instructions)(BICKS, PETER)
May 12, 2016 Opinion or Order Filing 175 Proposed Jury Verdict Form by Plaintiff THOMAS H. KRAKAUER.(BARRETT, JOHN)
May 12, 2016 Opinion or Order Filing 174 Proposed Jury Instructions by Plaintiff THOMAS H. KRAKAUER .(BARRETT, JOHN)
May 9, 2016 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 5/9/16: The Court is reviewing the Motion to Continue #170 . In the meantime, the Court expects the parties to comply with its Scheduling Orders and to remain available for a pretrial conference on 6/3/16.(Sanders, Marlene)
May 6, 2016 Opinion or Order Motions Submitted: #173 MOTION to Continue Plaintiff's Unopposed Motion to Continue Trial to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 5, 2016 Opinion or Order Filing 173 MOTION to Continue Plaintiff's Unopposed Motion to Continue Trial by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
April 28, 2016 Opinion or Order Filing 172 Transcript of Proceedings held on 04/21/2016, re: Pretrial/Settlement Conference, before Judge Catherine C. Eagles. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016. (Russell, Lori)
April 22, 2016 Opinion or Order Filing 171 NOTICE of Change of Address by ANTHONY I. PARONICH (PARONICH, ANTHONY)
April 22, 2016 Opinion or Order Filing 170 SUPPLEMENTARY SCHEDULING ORDER. Signed by JUDGE CATHERINE C. EAGLES on 4/22/2016 as set out herein. The parties shall appear for an additional pre-trial conference on Friday, June 3 at 9:30 a.m. in Greensboro Courtroom 3. (Daniel, J)
April 21, 2016 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Pretrial Conference and Settlement Conference held on 4/21/2016. Attorneys John Barrett, Brian Glasser and Jacob Norris present for plaintiff and Attorneys Elyse Echtman, John Ewald, Eric Zalud,David Krueger and Chad Hansen present for defendant. Parties to exchange revised verdict sheets and jury instructions by May 5, 2016; Any Motions to Continue Trial are to be filed with the Court by May 5, 2016; Parties to submit revised verdict sheets and jury instructions to Court by May 12, 2016. Motions in Limine to be filed with the Court by May 17, 2016; Counsel to submit to Court division of trial time by May 22,2016. Responses to Motions in Limine are due May 27, 2016. Final Pretrial Conference scheduled for June 3, 2016 at 9:30 a.m. in Greensboro, Courtroom 3. Deposition designations and counter designations to be filed with the Court by June 13, 2016. Written Order forthcoming. (Court Reporter Lori Russell.) (Sanders, Marlene)
April 21, 2016 Opinion or Order Set Hearings: Final Pretrial Conference set for 6/3/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 19, 2016 Opinion or Order Filing 169 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/19/2016, that Dr. Krakauer's motion for summary judgment, (Doc. #71 ), is DENIED without prejudice. (Daniel, J)
April 15, 2016 Opinion or Order Filing 168 OBJECTIONS to Plaintiff's Pretrial Submissions by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - DISH's Objections to Plaintiff's Proposed Jury Instructions, #2 Exhibit B - DISH's Ojections to Proposed Voir Dire Questions, #3 Exhibit C - DISH's Objections to Plaintiff's Proposed Verdict Sheet, #4 Exhibit D - DISH's Objections to Rule 26(a)(3)(A) disclosures)(BICKS, PETER)
April 15, 2016 Opinion or Order Filing 167 Objection to Pretrial Disclosures by THOMAS H. KRAKAUER.(BARRETT, JOHN)
April 12, 2016 Opinion or Order Filing 166 AFFIDAVIT re #153 Order on Motion to Approve filed by Plaintiff THOMAS H. KRAKAUER. (PARONICH, ANTHONY)
April 1, 2016 Opinion or Order Filing 165 TRIAL BRIEF Defendant's Pretrial Submissions by Defendant DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A - Defendant's Trial Brief, #2 Exhibit B - Defendant's Proposed Jury Instructions, #3 Exhibit C - Defendant's Proposed Voir Dire, #4 Exhibit D - Defendant's Proposed Verdict Sheet, #5 Exhibit E - Defendant's Rule 26(a)(3) Disclosures)(BICKS, PETER)
April 1, 2016 Opinion or Order Filing 164 TRIAL BRIEF Plaintiff's Pretrial Submissions by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A - Plaintiff's Trial Brief, #2 Exhibit B - Plaintiff's Proposed Jury Instructions, #3 Exhibit C - Plaintiff's Proposed Voir Dire, #4 Exhibit D - Plaintiff's Proposed Verdict Sheet, #5 Exhibit E - Plaintiff's Rule 26(a)(3) Disclosures, #6 Exhibit Tab 1)(BARRETT, JOHN)
March 21, 2016 Opinion or Order Filing 163 NOTICE of Appearance by attorney BRIAN A. GLASSER on behalf of Plaintiff THOMAS H. KRAKAUER (GLASSER, BRIAN)
March 14, 2016 Opinion or Order Filing 162 ORDER signed by JUDGE CATHERINE C. EAGLES on 3/14/2016, that the defendant's motion to continue the trial date and extend pretrial deadlines, (Doc. #158 ), is DENIED. The defendant's motion to expedite consideration of the motion to continue, (Doc. #159 ), is DENIED as moot. (Daniel, J)
March 10, 2016 Opinion or Order Filing 161 SUPPLEMENT re #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines by Defendant DISH NETWORK L.L.C.. (BICKS, PETER)
March 10, 2016 Opinion or Order Filing 160 RESPONSE in Opposition re #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines filed by THOMAS H. KRAKAUER. Replies due by 3/28/2016. (BARRETT, JOHN)
March 10, 2016 Opinion or Order Motions Submitted: #159 MOTION to Expedite Consideration of Motion to Continue Trial Date and Extend Pretrial Deadlines, #158 MOTION to Continue Trial Date and Extend Pretrial Deadlines to JUDGE CATHERINE C. EAGLES- (Williamson, Wanda)
March 10, 2016 Opinion or Order TEXT ORDER: The attention of defense counsel is drawn to L.R. 40.1(b). Any supplement to the motion to continue to comply with this local rule shall be filed by March 14. While the Court considers the pending motion to continue, the parties shall comply with the existing scheduling order. Signed by JUDGE CATHERINE C. EAGLES on March 10, 2016. (EAGLES, CATHERINE)
March 9, 2016 Opinion or Order Filing 159 MOTION to Expedite Consideration of Motion to Continue Trial Date and Extend Pretrial Deadlines by DISH NETWORK L.L.C.. (BICKS, PETER)
March 9, 2016 Opinion or Order Filing 158 MOTION to Continue Trial Date and Extend Pretrial Deadlines by DISH NETWORK L.L.C.. Responses due by 4/4/2016 (BICKS, PETER)
March 2, 2016 Opinion or Order Filing 157 SUPPLEMENTAL SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 3/2/2016, pending before the Court is the plaintiff's motion for partial summary judgment. (Doc. #71 .) The Court will stay resolution of the motion pending closure of the opt-out period. The parties shall comply with the Court's previous scheduling order, (Doc. #145 ), as if the motion for partial summary judgment will be denied, but shall identify for opposing counsel and the Court such jury instructions, verdict sheet issues, voir dire questions, exhibits, and witnesses as would be unnecessary should the motion be granted. (Butler, Carol)
March 1, 2016 Opinion or Order Filing 156 NOTICE of Appearance by attorney PETER A BICKS on behalf of Defendant DISH NETWORK L.L.C. (BICKS, PETER)
March 1, 2016 Opinion or Order Filing 155 NOTICE of Appearance by attorney ELYSE D. ECHTMAN on behalf of Defendant DISH NETWORK L.L.C. (ECHTMAN, ELYSE)
March 1, 2016 Opinion or Order Filing 154 NOTICE of Appearance by attorney JOHN L. EWALD on behalf of Defendant DISH NETWORK L.L.C. (EWALD, JOHN)
February 19, 2016 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 2/19/16. The motion to seal #148 is GRANTED and the unredacted documents on file at #149 shall remain sealed, as they contain personal identifying information of class members. (Sanders, Marlene)
February 9, 2016 Opinion or Order Filing 153 ORDER signed by JUDGE CATHERINE C. EAGLES on 2/9/2016; that the motion for approval of class notice plan, (Doc. #126 ), is GRANTED. (Sheets, Jamie)
February 8, 2016 Opinion or Order Filing 152 Transcript of Telephonic Status Conference held on 01/06/2016, before Judge Catherine C. Eagles. Court Reporter Briana L. Nesbit, Telephone number 336-734-2514. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 3/3/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016. (Nesbit, Briana)
February 5, 2016 Opinion or Order Filing 151 JOINT Proposal by Plaintiff THOMAS H. KRAKAUER on Severing Issues for Trial. (BARRETT, JOHN) Modified document title on 2/5/2016. (Daniel, J)
February 5, 2016 Opinion or Order Filing 150 REPLY MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #147 Response, Plaintiff's Reply Memorandum Addressing Dish's Response to Plaintiff's Revised Notice Plan filed by THOMAS H. KRAKAUER. (BARRETT, JOHN) Modified on 2/8/2016 to edit text. (Sheets, Jamie)
February 2, 2016 Opinion or Order Filing 149 SEALED UNREDACTED DOCUMENTS (EXHIBIT 1 of Motion to Seal) filed by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER re #148 MOTION to Seal Document DISH Network L.L.C.'s Unopposed Motion to File its Response to Plaintiff's Submission of Revised Notice Plan Under Seal. (ZALUD, ERIC) Modified on 2/3/2016 to remove partial carry over text linked from pleading 148. (Sheets, Jamie)
February 2, 2016 Opinion or Order Filing 148 MOTION to Seal Document DISH Network L.L.C.'s Unopposed Motion to File its Response to Plaintiff's Submission of Revised Notice Plan Under Seal [If the party filing this motion is not the party claiming confidentiality, the party claiming confidentiality will have 14 days to file a Brief in accordance with Local Rule 5.4 by DISH NETWORK L.L.C.. Responses due by 2/26/2016 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC) Modified on 2/3/2016 to remove "unless this motion is unopposed." (Sanders, Marlene).
February 2, 2016 Opinion or Order Filing 147 RESPONSE re #146 Memorandum, DISH Network L.L.C's Response to Plaintiff's Submission of Revised Notice Plan filed by DISH NETWORK L.L.C. Replies due by 2/19/2016. (Attachments: #1 Exhibit A - Long Form Notice, #2 Exhibit B - Postcard Notice, #3 Text of Proposed Order) (ZALUD, ERIC)
January 19, 2016 Opinion or Order Filing 146 MEMORANDUM Submitting Revised Notice Plan As Ordered by the Court in Its Minute Entry Dated January 6, 2016 by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A Plaintiff's Proposed Postcard Notice, #2 Exhibit B Plaintiff's Proposed Long Form Notice, #3 Exhibit C Plaintiff's Proposed Opt Out Form, #4 Exhibit D Plaintiff's Proposed Address Submission Form, #5 Exhibit E Plainitff's Proposed Order Approving Notice Plan) (BRODERICK, EDWARD)
January 8, 2016 Opinion or Order Set Hearings: Jury Selection set for 6/17/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Jury Trial set for 6/20/2016 at 9:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
January 7, 2016 Opinion or Order Filing 145 SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 1/7/2016 as set out herein: The defendant's motion to continue the trial date, (Doc. #144 ), is GRANTED. The Court will hold the motion to approve class notice in abeyance pending further submissions. The parties shall participate in another mediation no later than March 31, 2016, with their previously chosen mediator, Richard Boyette, or another mediator of their choosing. The Clerk shall provide a copy of this order to Mr. Boyette. No later than April 1, 2016, each party shall file a trial brief, proposed jury instructions, proposed voir dire questions, and a proposed verdict sheet, and shall otherwise comply with Fed. R. Civ. P. 26(a)(3)(A) and L.R. 40.1(c). Objections pursuant to Rule 26(a)(3)(B) shall be filed no later than April 15, 2016. The parties shall appear for a pre-trial and settlement conference on Thursday, April 21 at 9:30 a.m. in Greensboro Courtroom 3. (Sheets, Jamie)
January 7, 2016 Opinion or Order Set/Reset Deadlines/Hearings: Mediation due by 3/31/2016. Pretrial and Settlement Conference set for 4/21/2016 09:30 AM in Greensboro Courtroom #3. (Sheets, Jamie)
January 6, 2016 Opinion or Order Minute Entry for proceedings held before Judge Catherine Eagles: Telephone Conference regarding class notification and motion to continue trial date held on 1/6/16: Participants Edward Broderick, John Barrett, John Roddy and Matthew Norris for plaintiff and David Krueger, Eric Zalud, Jeremy Gilman and Chad Hensen for defendant. Court informed parties it is generally satisfied with plaintiff's plan, with some changes. Plaintiff is to revise class notice plan, long and short form notices, and proposed Order, providing an option on the website for class members to opt out electronically, providing an optional simple form for class members to use when opting out by mail, and providing a mechanism for class members to supplement and update their contact information and to upload supporting documentation. Plaintiff shall provide this revised plan to Defendant by 1/12/16 for discussion, with submission to Court by 1/19/16. Defendant's Response will be due by 2/2/16 and Plaintiff's Reply will be due by 2/5/16.Plaintiff and defendant are to explore additional methods of online publicity of class notification which are inexpensive and to include additional suggestions in the revised class notice plan.Court Orders the parties to schedule another mediation with Richard Boyette or other mediator of choice immediately, said mediation to occur no later than 3/31/16.Parties discussed acceleration of pretrial disclosure deadlines. Court will review and a written order will be forthcoming.Court Orders counsel to be available for trial June 17-July 6, with a more detailed schedule to be determined. Court informs counsel that time limits will be imposed for presentation of evidence. Court informs the parties that no ruling on #71 will occur before late February, 2016, at the earliest. (Court Reporter Briana Nesbit.) (Sanders, Marlene)
December 28, 2015 Opinion or Order Motions Submitted: #144 MOTION to Continue Trial Date to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 23, 2015 Opinion or Order Filing 144 MOTION to Continue Trial Date by DISH NETWORK L.L.C.. (ZALUD, ERIC)
December 22, 2015 Opinion or Order Filing 143 Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Proposed Order. (BARRETT, JOHN)
December 22, 2015 Opinion or Order Filing 142 Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Exhibit C Long Form Notice. (BARRETT, JOHN)
December 22, 2015 Opinion or Order Filing 141 Additional Attachments to Main Document re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Corrected Exhibit B Postcard Notice. (BARRETT, JOHN)
December 21, 2015 Opinion or Order Filing 140 SEALED Attachment (71-3 Exhibit B Part 1) to #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship". (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in 134 Joint Proposal). (Attachments: #1 71-4 Exhibit B Part 2, #2 71-5 Exhibit B Part 3)(Powell, Gloria)
December 21, 2015 Opinion or Order Filing 139 SEALED Attachments (Exhibit 129-2) to #129 RESPONSE in Opposition re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice. (Attachments: #1 Exhibit 129-3, #2 Exhibit 129-5. (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal)(Powell, Gloria)
December 21, 2015 Opinion or Order Filing 138 SEALED Attachments (Exhibit 12) to Main Document to #56 RESPONSE filed by Defendant DISH NETWORK L.L.C. re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit 18, #2Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25). (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal). (Powell, Gloria)
December 21, 2015 Opinion or Order Filing 137 SEALED Attachments (Exhibit B, Part 1) to #48 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Documents received on 12/9/2015 and filed Under Seal pursuant Order entered November 18, 2015 and as identified in #134 Joint Proposal.) (Attachments: #1 Exhibit B, Part 2, #2 Exhibit B, Part 3)(Powell, Gloria)
December 21, 2015 Opinion or Order Filing 136 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/21/2015; that the motion to stay, (Doc. #114 ), is DENIED. (Sheets, Jamie)
December 21, 2015 Opinion or Order Electronic NOTICE to Counsel: Telephone conference 1/6/16 at 10:00 a.m. Counsel for plaintiff to initiate call. (Sanders, Marlene)
December 18, 2015 Opinion or Order Filing 135 USCA ORDER. Upon review of submissions relative to the petition for permission to appeal, the court denies the petition. Entered at the direction of Judge King with the concurrence of Judge Gregory and Judge Shedd. USCA Case Number 15-303. (Sheets, Jamie)
December 1, 2015 Opinion or Order Filing 134 JOINT STATUS REPORT on Redaction of Documents and Filing Under Seal filed by all parties.. (BRODERICK, EDWARD)
November 19, 2015 Opinion or Order Motions Submitted: #127 MOTION to Approve Joint Submission on Class Notice, #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice to JUDGE CATHERINE C. EAGLES-. (Sanders, Marlene)
November 18, 2015 Opinion or Order Filing 133 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1 Declaration of Christina Peters-Stasiewicz)(BARRETT, JOHN)
November 18, 2015 Opinion or Order Filing 132 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/18/2015; that Plaintiff Krakauer's Motion to Seal [Doc. #104 ] is GRANTED to the extent set out above, and the parties are directed to confer regarding an appropriate, workable, and consistent approach for redacting portions of the putative class members' personal contact information, and to file their joint proposal by December 1, 2015. (Sheets, Jamie)
November 18, 2015 Opinion or Order Filing 131 NOTICE of Rescheduling: Master Trial Calendar: Jury Trial RESET for 4/4/2016 at 9:30 AM in Unassigned Courtroom before UNASSIGNED Judge. (Sanders, Marlene)
November 16, 2015 Opinion or Order Filing 130 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/16/2015; that Defendant Dish Network's Motion to Seal [Doc. #88 ] is GRANTED, and the document shall remain sealed until further order of the Court. (Sheets, Jamie)
November 13, 2015 Opinion or Order Filing 129 RESPONSE in Opposition re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice, #128 Memorandum, filed by DISH NETWORK L.L.C.. Replies due by 11/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (ZALUD, ERIC) (Attachments 2, 3, and 5 replaced with Redacted Versions on 12/21/2015 pursuant to #134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
November 5, 2015 Opinion or Order Filing 128 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice Plaintiff's Memorandum in Support of his Motion for Approval of Class Notice and Addressing Points of Disagreement With Dish on Class Notice filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
October 30, 2015 Opinion or Order Filing 127 MOTION to Approve Joint Submission on Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(BARRETT, JOHN)
October 30, 2015 Opinion or Order Filing 126 MOTION to Approve Plaintiff's Motion for Approval of Class Notice by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(BARRETT, JOHN)
October 29, 2015 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 10/29/15 Plaintiff's Amended Motion for Leave to file brief out of time #123 and the original motion #121 are DENIED. Plaintiff's Brief in Opposition #124 is STRICKEN. The Court will rule on the Motion for Stay #114 as time permits. (Sanders, Marlene)
October 29, 2015 Opinion or Order ORDER issued by JUDGE CATHERINE C. EAGLES on 10/29/2015 denying #121 Motion for Leave to File; denying #123 Motion for Leave to File. (See 10/29/2015 Text Order) (Garland, Leah)
October 27, 2015 Opinion or Order Filing 125 RESPONSE DEFENDANT'S MEMORANDUM OPPOSING PLAINTIFF'S AMENDED MOTION FOR LEAVE TO FILE BRIEF OUT OF TIME filed by Defendant DISH NETWORK L.L.C. re #123 Amended MOTION for Leave to File Brief Out of Time filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 11/13/2015. (Attachments: #1 Exhibit A - Quoted portions of transcript of 9/28/15 telephone conference)(GILMAN, JEREMY)
October 26, 2015 Opinion or Order Filing 124 ***STRICKEN***RESPONSE in Opposition re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by THOMAS H. KRAKAUER. Replies due by 11/12/2015. (BARRETT, JOHN) Modified on 10/29/2015 to remove reply deadline and to mark Stricken pursuant to 10/29/2015 Text Order. (Garland, Leah)
October 26, 2015 Opinion or Order Filing 123 Amended MOTION for Leave to File Brief Out of Time by THOMAS H. KRAKAUER. Responses due by 11/19/2015 (BARRETT, JOHN)
October 26, 2015 Opinion or Order Filing 122 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/26/2015; that Plaintiff Krakauer's Motions to Seal [Doc. #84 , #92 ] are DENIED and the Clerk is directed to unseal Exhibits P, Q, and V [Doc. #85 ] to Plaintiff's Memorandum and to unseal Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment [Doc. #93 ]. (Sheets, Jamie)
October 23, 2015 Opinion or Order Filing 121 MOTION for Leave to File Brief Out of Time, With Integrated Response in Opposition to Motion for Stay by THOMAS H. KRAKAUER. Responses due by 11/16/2015 (BARRETT, JOHN)
October 22, 2015 Opinion or Order Motions Submitted: #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
October 2, 2015 Opinion or Order Filing 120 Transcript of Telephone conference held on 9-30-15, before Judge Eagles. Court Reporter/Transcriber Calhoun, Telephone number 336-332-6033. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 10/26/2015. Redacted Transcript Deadline set for 11/5/2015. Release of Transcript Restriction set for 1/4/2016. (Calhoun, J.)
October 1, 2015 Opinion or Order Filing 119 SCHEDULING ORDER signed by JUDGE CATHERINE C. EAGLES on 10/1/2015 as set out herein. The case is continued from the January 2016 trial term. For the time being, the case is set for the April 2016 trial term. The Court will re-evaluate once notice issues are resolved, and the parties are advised that an earlier trial date is possible if the Court's schedule permits a special setting. (Sheets, Jamie)
September 29, 2015 Opinion or Order Filing 118 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/29/2015; that the defendant's motion for summary judgment, (Doc. #73 ), is GRANTED to the extent stated herein and DENIED to the extent previously stated. (See Doc. #113 .) (Sheets, Jamie)
September 28, 2015 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Telephone Conference regarding case status and class notification held on 9/28/2015: Participants Edward Broderick, John Barrett, John Roddy and Matthew Norris for plaintiff and Benjamen Kern, David Krueger, Eric Zalud, Jeremy Gilman and Richard Keshian for defendant. Court continues the trial from the January, 2016 trial calendar to the April, 2016 trial calendar. Text order forthcoming regarding other matters discussed. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
September 25, 2015 Opinion or Order Filing 117 NOTICE of Appearance by attorney JEREMY GILMAN on behalf of Defendant DISH NETWORK L.L.C. (GILMAN, JEREMY)
September 24, 2015 Opinion or Order Filing 116 NOTICE of Docketing Record on Appeal from USCA re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by DISH NETWORK L.L.C. USCA Case Manager: Karen Stump. USCA Case Number 15-303. (Sheets, Jamie)
September 23, 2015 Opinion or Order Filing 115 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A)(ZALUD, ERIC)
September 23, 2015 Opinion or Order Filing 114 MOTION to Stay All Proceedings Pending Its Rule 23(f) Petition for Permission to Appeal by DISH NETWORK L.L.C.. Responses due by 10/19/2015 (ZALUD, ERIC)
September 22, 2015 Opinion or Order Filing 113 ORDER signed by JUDGE CATHERINE C. EAGLES on 9/22/2015, that the defendant's motion for summary judgment, (Doc. #73 ), is DENIED in part, as follows: 1) Dish's motion for summary judgment as to Dr. Krakauer's IDNC claim is DENIED; 2) Dish's motion for summary judgment on the theory of vicarious liability because of actual authority is DENIED; 3) The other issues raised by the motion remain under advisement. (Daniel, J)
September 22, 2015 Opinion or Order Electronic Notice to all counsel of record on 9/22/2015: Telephone conference regarding case status and class notification set for 9/28/15 at 3:00 p.m. (Sanders, Marlene)
September 22, 2015 Opinion or Order Set Hearings: Telephone Conference set for 9/28/2015 at 3:00 PM before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
September 9, 2015 Opinion or Order Filing 112 ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2015; that the motion to strike, (Doc. #96 ), is DENIED. (Garland, Leah)
September 9, 2015 Opinion or Order Filing 111 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 09/09/2015; that the motion for class certification, (Doc. #47 ), is GRANTED. (Garland, Leah)
September 8, 2015 Opinion or Order Filing 110 MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 9/8/2015; that the motion to exclude expert report, (Doc. #57 ), is DENIED. (Sheets, Jamie)
September 8, 2015 Opinion or Order Motions No Longer Submitted to JUDGE CATHERINE EAGLES re: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #84 MOTION to Seal , #92 Second MOTION to Seal Document #81 Response in Opposition to Motion (Sanders, Marlene)
September 8, 2015 Opinion or Order Motions Referred: RE: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #84 MOTION to Seal , to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene)
September 1, 2015 Opinion or Order Filing 109 Suggestion of Subsequently Decided Authority re #56 Response to Motion, by Defendant DISH NETWORK L.L.C. (Attachments: #1 Supplement Decision) (ZALUD, ERIC)
September 1, 2015 Opinion or Order Motions Submitted: #88 MOTION to Seal Document , #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, , #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority , #84 MOTION to Seal , #92 Second MOTION to Seal Document #81 Response in Opposition to Motion, to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
August 31, 2015 Opinion or Order Filing 108 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A)(BARRETT, JOHN)
August 19, 2015 Opinion or Order Filing 107 RESPONSE re #104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, PARTIAL OPPOSITION TO PLAINTIFFS MOTION TO SEAL filed by DISH NETWORK L.L.C.. Replies due by 9/8/2015. (ZALUD, ERIC)
July 30, 2015 Opinion or Order Filing 106 SEALED DOCUMENT re #103 Redacted Document, by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, Part 1, #4 Exhibit 4, Part 2, #5 Exhibit 4, Part 3, #6 Exhibit 4, Part 4, #7 Exhibit 5, Part 1, #8 Exhibit 5, Part 2, #9 Exhibit 5, Part 3, #10 Exhibit 5, Part 4, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(BARRETT, JOHN)
July 30, 2015 Opinion or Order Filing 105 SEALED DOCUMENT re #102 Redacted Document by Defendant DISH NETWORK L.L.C., Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-6)(BARRETT, JOHN)
July 30, 2015 Opinion or Order Filing 104 MOTION to Seal Document #102 Redacted Document, #103 Redacted Document, by THOMAS H. KRAKAUER. Responses due by 8/24/2015 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
July 30, 2015 Opinion or Order Filing 103 REDACTION Redacted Deposition Transcript of Anya Verkhovskaya by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, Part 1, #4 Exhibit 4, Part 2, #5 Exhibit 4, Part 3, #6 Exhibit 4, Part 4, #7 Exhibit 5, Part 1, #8 Exhibit 5, Part 2, #9 Exhibit 5, Part 3, #10 Exhibit 5, Part 4, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11)(BARRETT, JOHN)
July 30, 2015 Opinion or Order Filing 102 REDACTION Redacted Deposition Transcript of Thomas Krakauer by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit Exhibits 1-6)(BARRETT, JOHN)
July 30, 2015 Opinion or Order Filing 101 Suggestion of Subsequently Decided Authority re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification by Plaintiff THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(BARRETT, JOHN)
July 27, 2015 Opinion or Order TEXT ORDER issued by JUDGE CATHERINE C. EAGLES 7/27/15: Directing the plaintiffs' attorney to submit full copies of the depositions of Mr. Krakauer and Mr. Verkhovskaya, in condensed form if possible, within three business days. (Sanders, Marlene)
July 23, 2015 Opinion or Order Filing 100 ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO TAKE DEPOSITIONS signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/23/2015; that the Motion [Doc. #98 ] is GRANTED, and the three witnesses referenced in the Court's June 24, 2015 Order shall be made available for deposition on or before August 14, 2015 for the limited purposes of questioning regarding the September 2005 email and the August 2011 email addressed in Plaintiffs Motion to Compel. (Sheets, Jamie)
July 22, 2015 Opinion or Order Filing 99 RESPONSE in Opposition re #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority filed by DISH NETWORK L.L.C.. Replies due by 8/10/2015. (ZALUD, ERIC)
July 22, 2015 Opinion or Order Filing 98 Joint MOTION for Extension of Time to Take Depositions by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
July 22, 2015 Opinion or Order Motions Referred: RE: #98 Joint MOTION for Extension of Time to Take Depositions, to MAG/JUDGE JOI ELIZABETH PEAKE - (Williamson, Wanda)
July 21, 2015 Opinion or Order Filing 97 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
July 21, 2015 Opinion or Order Filing 96 MOTION to Strike #95 Suggestion of Subsequently Decided Authority by THOMAS H. KRAKAUER. Responses due by 8/14/2015 (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
July 8, 2015 Opinion or Order Filing 95 Suggestion of Subsequently Decided Authority re #56 Response to Motion, by Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
June 30, 2015 Opinion or Order Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Motions Hearing held on 6/30/2015 re #71 Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER, #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C., #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER, #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by DISH NETWORK L.L.C.. John Barrett, Edward Broderick, John Roddy present as counsel for plaintiffs and Eric Zalud, David Krueger, Benjamin Kern and Richard Keshian present as counsel for defendants. Court takes matter under advisement. (Court Reporter Jane Calhoun.) (Sanders, Marlene)
June 25, 2015 Opinion or Order NOTICE of Docket Text/Event Modification re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship": Replaced attachment 1 with correct pdf per phone call from attorney. (Sheets, Jamie)
June 24, 2015 Opinion or Order Filing 94 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/24/2015; that Plaintiff's Motion to Compel Discovery [Doc. #49 ] is GRANTED and Defendant shall, on or before July 24, 2015, make Bruce Werner, Mike Mills, and Amir Ahmed available for deposition for the limited purposes of questioning regarding the September 2005 email and the August 2011 email addressed herein. FURTHER that Plaintiff's Motion to Seal [Doc. #51 ] is DENIED and the Clerk is directed to unseal Exhibits D and E to Plaintiff's Brief in Support of Motion to Compel Discovery [Doc. #52 ]. (Sheets, Jamie)
June 19, 2015 Opinion or Order Filing 93 - Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment (redacted version filed at 81) filed by Plaintiff THOMAS H. KRAKAUER re #92 Second MOTION to Seal Document #81 Response in Opposition to Motion. (BARRETT, JOHN) Modified on 10/26/2015 to unseal pursuant to Order #122 . (Sheets, Jamie)
June 19, 2015 Opinion or Order Filing 92 Second MOTION to Seal Document #81 Response in Opposition to Motion, by THOMAS H. KRAKAUER. Responses due by 7/13/2015 (Attachments: #1 Text of Proposed Order) (BARRETT, JOHN)
June 16, 2015 Opinion or Order Motions Submitted: #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship", #73 MOTION for Summary Judgment , #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
June 15, 2015 Opinion or Order Filing 91 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(BARRETT, JOHN)
June 15, 2015 Opinion or Order Filing 90 SEALED UNREDACTED DOCUMENTS (EXHIBIT 1 of Motion to Seal) filed by Defendant DISH NETWORK L.L.C. re #88 MOTION to Seal Document . (ZALUD, ERIC)
June 15, 2015 Opinion or Order Filing 89 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #88 MOTION to Seal Document filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
June 15, 2015 Opinion or Order Filing 88 MOTION to Seal Document by DISH NETWORK L.L.C.. Responses due by 7/9/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
June 15, 2015 Opinion or Order Filing 87 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit)(ZALUD, ERIC)
June 15, 2015 Opinion or Order Filing 86 NOTICE of Appearance by attorney JOHN J. RODDY on behalf of Plaintiff THOMAS H. KRAKAUER (RODDY, JOHN)
June 10, 2015 Opinion or Order Filing 85 Exhibits P, Q, V filed by Plaintiff THOMAS H. KRAKAUER re #84 MOTION to Seal, #81 Response in Opposition to Motion. (BARRETT, JOHN) Modified on 10/26/2015 to unseal pursuant to order #122 . (Sheets, Jamie)
June 9, 2015 Opinion or Order Filing 84 MOTION to Seal by THOMAS H. KRAKAUER. Responses due by 7/6/2015 (BARRETT, JOHN)
June 2, 2015 Opinion or Order Filing 83 ORDER Appointing RICHARD T. BOYETTE as the mediator. The order of 8/18/2014 appointing Thomas C. Duncan is rescinded. Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
May 28, 2015 Opinion or Order Filing 82 RESPONSE in Opposition re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by DISH NETWORK L.L.C. Replies due by 6/15/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (ZALUD, ERIC)
May 28, 2015 Opinion or Order Filing 81 RESPONSE in Opposition re #73 MOTION for Summary Judgment Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by THOMAS H. KRAKAUER. Replies due by 6/15/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC)(BARRETT, JOHN) Modified on 6/12/2015 to replace documents per the request of filer.(Coyne, Michelle).
May 20, 2015 Opinion or Order Filing 80 ORDER GRANTING JOINT MOTION TO EXTEND DISPOSITIVE BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/20/2015; that the parties' Motion [Doc. #79 ] is GRANTED. The deadline to file an opposition to dispositive motions is May 28, 2015. The deadline to file a reply in support of dispositive motions is June 15, 2015. (Sheets, Jamie)
May 20, 2015 Opinion or Order Electronic Notice from defense counsel on 5/20/2015 stating no Response will be filed to #51 . (Sanders, Marlene)
May 20, 2015 Opinion or Order Motions Referred: RE: #51 MOTION to Seal , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
May 19, 2015 Opinion or Order Filing 79 Joint MOTION for Extension of Time to File Response/Reply by DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
May 19, 2015 Opinion or Order Motions Referred: RE: #49 MOTION to Compel Plaintiff's Motion to Compel Discovery, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
May 19, 2015 Opinion or Order Motions Referred: RE: #79 Joint MOTION for Extension of Time to File Response/Reply , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
May 18, 2015 Opinion or Order Filing 78 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #49 MOTION to Compel Plaintiff's Motion to Compel Discovery Plaintiff's Reply in Support of Motion to Compel Discovery filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
May 15, 2015 Opinion or Order Filing 77 NOTICE by DISH NETWORK L.L.C. of Mediation and Selection of New Mediator (ZALUD, ERIC)
May 15, 2015 Opinion or Order Motions Submitted: #47 MOTION to Certify Class Plaintiff's Motion for Class Certification to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 14, 2015 Opinion or Order Filing 76 RESPONSE in Opposition re #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by THOMAS H. KRAKAUER. Replies due by 6/1/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(BARRETT, JOHN)
May 14, 2015 Opinion or Order Filing 75 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A) (BARRETT, JOHN) (Main Document 75 replaced on 6/17/2015 with corrected signature page) (Sheets, Jamie)
May 7, 2015 Opinion or Order Filing 74 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #73 MOTION for Summary Judgment filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (ZALUD, ERIC) Modified on 5/8/2015 to add exihibt numbers. (Sheets, Jamie)
May 7, 2015 Opinion or Order Filing 73 MOTION for Summary Judgment by DISH NETWORK L.L.C. Responses due by 6/11/2015 (ZALUD, ERIC) Modified on 5/11/2015 to correct response deadline. (Sheets, Jamie)
May 7, 2015 Opinion or Order Filing 72 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
May 7, 2015 Opinion or Order Filing 71 MOTION for Summary Judgment Plaintiff's Motion for Partial Summary Judgment As To "Prior Express Consent" And "Established Business Relationship" by THOMAS H. KRAKAUER. Responses due by 6/11/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 3 Part 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6)(BARRETT, JOHN) (Attachment 1 replaced on 6/25/2015) (Sheets, Jamie).(Attachments 3-4 as agreed and 5 replaced with Redacted Version on 12/21/2015 pursuant to 134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria). Modified on 12/22/2015 to Redact Versions 3-4 as agreed upon by parties. (Powell, Gloria)
May 6, 2015 Opinion or Order Filing 70 NOTICE of Hearing: Motion Hearing RESET for 6/30/2015 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 4, 2015 Opinion or Order Filing 69 ORDER signed by JUDGE CATHERINE C. EAGLES on 5/4/2015, granting in substantial part the Joint Motion to Extend Deadlines. The plaintiff's Reply Memorandum in Support of his Motion for Class Certification shall be filed by May 14, 2015. The plaintiff's response in opposition to the defendant's motion to exclude Anya Verkhovskaya shall be filed by May 14, 2015. Motions for summary judgment by either party shall be filed by May 7, 2015. The hearing on all pending motions remains scheduled for June 23. The Court's trial schedule does not permit a hearing in July. The parties may confer with the Court's case manager to see if the Court has available another day in late June which will work better for the litigants. (Daniel, J)
May 4, 2015 Opinion or Order Filing 68 MOTION for Extension of Time Joint Motion to Extend Deadlines by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
May 4, 2015 Opinion or Order Motions Submitted: #68 MOTION for Extension of Time Joint Motion to Extend Deadlines to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
May 1, 2015 Opinion or Order Filing 67 NOTICE of Intent to File Dispositive Motions by Plaintiff THOMAS H. KRAKAUER (BARRETT, JOHN)
May 1, 2015 Opinion or Order Filing 66 NOTICE of Intent to File Dispositive Motions by Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
April 30, 2015 Opinion or Order Filing 65 RESPONSE in Opposition re #49 MOTION to Compel Plaintiff's Motion to Compel Discovery filed by DISH NETWORK L.L.C.. Replies due by 5/18/2015. (ZALUD, ERIC)
April 27, 2015 Opinion or Order Filing 64 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/27/2015; that Joint Motion for 60-Day Extension of Mediation Deadline [Doc. #63 ] is GRANTED IN PART in that the mediation deadline is extended to May 29, 2015. If, after a good faith effort to mediate on or before May 29, 2015, the parties still hold the belief that mediation would be more fruitful at a later date, the parties may adjourn the mediation and reconvene on or before June 30, 2015. (Sheets, Jamie)
April 20, 2015 Opinion or Order Filing 63 Joint MOTION for Extension of Time for 60 day Extension of Mediation Deadline by DISH NETWORK L.L.C.. (Attachments: #1 Proposed Order)(ZALUD, ERIC)
April 20, 2015 Opinion or Order Motions Referred: RE: #63 Joint MOTION for Extension of Time for 60 day Extension of Mediation Deadline, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
April 16, 2015 Opinion or Order Filing 62 ORDER GRANTING IN PART PLAINTIFF'S MOTION TO EXTEND CLASS CERTIFICATION REPLY DEADLINE TO MAY 8, 2015 signed by JUDGE CATHERINE C. EAGLES on 4/16/2015; that the plaintiff's motion, (Doc. #59 ), is GRANTED in part. Plaintiff's Reply Memorandum in Support of his Motion for Class Certification shall be filed by May 7, 2015. (Sheets, Jamie)
April 16, 2015 Opinion or Order Filing 61 NOTICE of Hearing: Motion Hearing set for 6/23/2015 at 10:00 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 16, 2015 Opinion or Order Filing 60 RESPONSE in Opposition re #59 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 filed by DISH NETWORK L.L.C.. Replies due by 5/4/2015. (Attachments: #1 Exhibit)(ZALUD, ERIC)
April 16, 2015 Opinion or Order Motions Submitted: #59 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 15, 2015 Opinion or Order Filing 59 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion to Extend Class Certification Reply Deadline to May 8, 2015 by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order)(BARRETT, JOHN)
April 13, 2015 Opinion or Order Filing 58 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya filed by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(ZALUD, ERIC)
April 13, 2015 Opinion or Order Filing 57 MOTION to Exclude Expert Report of Plaintiff's Expert, Anya Verkhovskaya by DISH NETWORK L.L.C.. Responses due by 5/7/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
April 13, 2015 Opinion or Order Filing 56 RESPONSE filed by Defendant DISH NETWORK L.L.C. re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. Replies due by 4/30/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25) (ZALUD, ERIC) Modified on 4/14/2015 to add exhibit numbers. (Sheets, Jamie)(Attachments 12 and 18 through 25 replaced with Redacted Versions on 12/21/2015 pursuant to 134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
April 10, 2015 Opinion or Order Filing 55 ORDER signed by JUDGE CATHERINE C. EAGLES on 4/10/2015; that DISH's motion to exceed the page limitation is GRANTED IN PART. DISH's brief in opposition may be as long as twenty-eight pages. The page limit for the plaintiff's reply brief is extended as well on the Court's own motion to eighteen pages, though of course the plaintiff is not required to file a long brief. (Sheets, Jamie)
April 8, 2015 Opinion or Order Filing 54 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Michael Oberbillig served on 4/02/2015, filed by Plaintiff THOMAS H. KRAKAUER. (BARRETT, JOHN)
April 8, 2015 Opinion or Order Motions Submitted: #53 MOTION for Leave to File Excess Pages Defendant DISH Network L.L.C.'s Motion For Leave To Exceed The Responsive Brief Page Limitation to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
April 7, 2015 Opinion or Order Filing 53 MOTION for Leave to File Excess Pages Defendant DISH Network L.L.C.'s Motion For Leave To Exceed The Responsive Brief Page Limitation by DISH NETWORK L.L.C.. Responses due by 5/1/2015 (Attachments: #1 Text of Proposed Order)(ZALUD, ERIC)
April 6, 2015 Opinion or Order Filing 52 Exhibits D and E to Plaintiff's Brief in Support of Motion to Compel Discovery filed by Plaintiff THOMAS H. KRAKAUER re #51 MOTION to Seal. (BARRETT, JOHN) Modified on 6/24/2015 to unseal per order (pleading #94 ). (Sheets, Jamie)
April 6, 2015 Opinion or Order Filing 51 MOTION to Seal by THOMAS H. KRAKAUER. Responses due by 4/30/2015 (BARRETT, JOHN)
April 6, 2015 Opinion or Order Filing 50 BRIEF re #49 MOTION to Compel Plaintiff's Motion to Compel Discovery by Plaintiff THOMAS H. KRAKAUER filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (redacted), #5 Exhibit E (redacted), #6 Exhibit F)(BARRETT, JOHN)
April 6, 2015 Opinion or Order Filing 49 MOTION to Compel Plaintiff's Motion to Compel Discovery by THOMAS H. KRAKAUER. Responses due by 4/30/2015 (BARRETT, JOHN)
March 23, 2015 Opinion or Order Filing 48 MEMORANDUM filed by Plaintiff THOMAS H. KRAKAUER re #47 MOTION to Certify Class Plaintiff's Motion for Class Certification filed by THOMAS H. KRAKAUER. (Attachments: #1 Exhibit A - Krakauer Deposition, #2 Exhibit B - Part 1 - Verkhovskaya Report, #3 Exhibit B - Part 2 - Verkhovskaya Report, #4 Exhibit B - Part 3 - Verkhovskaya Report, #5 Exhibit C - Tehranchi Deposition, #6 Exhibit D - Hill Deposition, #7 Exhibit E - Declarations Barrett Broderick McCue Paronich)(BARRETT, JOHN) (Attachment 5, 6, and 7 replaced on 3/24/2015 with corrected PDF images) (Garland, Leah) (Attachments 2-4 replaced with Redacted Versions on 12/21/2015 pursuant to #134 Joint Proposal on Redaction of Documents, etc.) (Powell, Gloria).
March 23, 2015 Opinion or Order Filing 47 MOTION to Certify Class Plaintiff's Motion for Class Certification by THOMAS H. KRAKAUER. Responses due by 4/16/2015 (BARRETT, JOHN)
March 16, 2015 Opinion or Order Filing 46 ORDER GRANTING JOINT MOTION TO EXTEND DISH'S EXPERT DISCLOSURE AND DISPOSITIVE MOTION BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/16/2015; that the Joint Motion of Parties [Doc. #45 ] is GRANTED and prior scheduling orders are amended as follows: March 12, 2015: DISH'S expert report and disclosure deadline; May 21, 2015: Deadline to file opposition to dispositive motions; and June 8, 2015: Deadline to reply in support of dispositive motions. (Sheets, Jamie)
March 12, 2015 Opinion or Order Motions Referred: RE: #45 JOINT MOTIONTo Extend Dispositive Motion Briefing and DISH's Expert Disclosure, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
March 9, 2015 Opinion or Order Filing 45 JOINT MOTIONTo Extend Dispositive Motion Briefing and DISH's Expert Disclosure by DISH NETWORK L.L.C.. (KRUEGER, DAVID)
March 5, 2015 Opinion or Order Filing 44 NOTICE of Appearance by attorney PATRICK MUENCH on behalf of Plaintiff THOMAS H. KRAKAUER (MUENCH, PATRICK)
February 13, 2015 Opinion or Order Filing 43 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/13/2015; that Defendant's Motion for a Protective Order [Doc. #36 ] is DENIED, and Plaintiff shall have until February 27, 2015, to depose Defendant's Rule 30(b)(6) representative. (Sheets, Jamie)
February 12, 2015 Opinion or Order Filing 42 ORDER GRANTING JOINT MOTION TO EXTEND EXPERT DISCLOSURE AND CLASS CERTIFICATION BRIEFING DEADLINES signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/12/2015; that the Joint Motion of Parties to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines [Doc. #41 ] is GRANTED, and the deadlines are extended as set out herein. All other deadlines remain as previously set. (Sheets, Jamie)
February 6, 2015 Opinion or Order Motions Referred: RE: #41 Joint MOTION for Extension of Time to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines, to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
February 5, 2015 Opinion or Order Filing 41 Joint MOTION for Extension of Time to Extend Dish's Expert Disclosure and Class Certification Briefing Deadlines by THOMAS H. KRAKAUER. (BARRETT, JOHN)
January 27, 2015 Opinion or Order Motions Referred: RE: #36 MOTION for Protective Order , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
January 26, 2015 Opinion or Order Filing 40 REPLY, filed by Defendant DISH NETWORK L.L.C., to Response to #36 MOTION for Protective Order filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
January 14, 2015 Opinion or Order Filing 38 RESPONSE filed by Plaintiff THOMAS H. KRAKAUER re #36 MOTION for Protective Order filed by DISH NETWORK L.L.C. filed by THOMAS H. KRAKAUER. Replies due by 2/2/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BARRETT, JOHN)
January 6, 2015 Opinion or Order Filing 37 MEMORANDUM filed by Defendant DISH NETWORK L.L.C. re #36 MOTION for Protective Order Filed by DISH NETWORK L.L.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (KRUEGER, DAVID)
January 5, 2015 Opinion or Order Filing 36 MOTION for Protective Order by DISH NETWORK L.L.C. Responses due by 1/29/2015 (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (KRUEGER, DAVID)
December 22, 2014 Opinion or Order Filing 35 ORDER GRANTING MOTION TO EXTEND MEDIATION DEADLINE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/22/2014; that the Joint Motion [Doc. #33 ] is GRANTED, and the mediation deadline previously set in this matter shall be extended until April 30, 2015. (Sheets, Jamie)
December 18, 2014 Opinion or Order Filing 34 ANSWER to Amended Complaint by DISH NETWORK L.L.C.. (ZALUD, ERIC)
December 17, 2014 Opinion or Order Motions Referred: RE: #33 Consent MOTION for Extension of Time to Complete Mediation, to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
December 16, 2014 Opinion or Order Filing 33 Consent MOTION for Extension of Time to Complete Mediation by THOMAS H. KRAKAUER. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Mediation Deadline)(NORRIS, JACOB)
December 1, 2014 Opinion or Order Filing 32 First AMENDED COMPLAINT against defendant DISH NETWORK L.L.C., filed by THOMAS H. KRAKAUER.(BARRETT, JOHN)
November 25, 2014 Opinion or Order Filing 31 ORDER signed by JUDGE CATHERINE C. EAGLES on 11/25/2014; that Plaintiff's Motion to Amend Complaint is GRANTED and plaintiff shall file the proposed First Amended Complaint attached to the plaintiff's motion within five business days of the date of this Order. (Sheets, Jamie)
November 25, 2014 Opinion or Order Motions Submitted: #26 MOTION to Amend #1 Complaint to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene)
November 24, 2014 Opinion or Order Filing 30 REPLY, filed by Plaintiff THOMAS H. KRAKAUER, to Response to #26 MOTION to Amend #1 Complaint filed by THOMAS H. KRAKAUER. (BARRETT, JOHN)
November 12, 2014 Opinion or Order Set/Reset Motion and R and R Deadlines/Hearings re #26 MOTION to Amend #1 Complaint: Replies due by 11/28/2014. (Sheets, Jamie)
November 10, 2014 Opinion or Order Filing 29 RESPONSE to Plaintiff's Motion to Amend Complaint filed by Defendant DISH NETWORK L.L.C. re #26 MOTION to Amend #1 Complaint filed by THOMAS H. KRAKAUER filed by DISH NETWORK L.L.C.. (ZALUD, ERIC)
October 29, 2014 Opinion or Order Filing 28 ORDER GRANTING MOTION TO WITHDRAW signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/29/2014; that the Motion to Withdraw [Doc. #24 ] is GRANTED, and Melanie Black Dubis and the law firm of Parker Poe Adams & Bernstein LLP are hereby allowed to withdraw their appearance as counsel for Defendant DISH Network in this action and are hereby relieved of all further duties therein. (Sheets, Jamie)
October 17, 2014 Opinion or Order Filing 27 NOTICE of Appearance by attorney DAVID M. KRUEGER on behalf of Defendant DISH NETWORK L.L.C. (KRUEGER, DAVID)
October 15, 2014 Opinion or Order Filing 26 MOTION to Amend #1 Complaint by THOMAS H. KRAKAUER. Responses due by 11/10/2014 (Attachments: #1 Exhibit A, #2 Exhibit B)(BARRETT, JOHN)
October 14, 2014 Opinion or Order Filing 25 NOTICE of Appearance by attorney JACOB MATTHEW NORRIS on behalf of Plaintiff THOMAS H. KRAKAUER (NORRIS, JACOB)
October 10, 2014 Opinion or Order Motions Referred: RE: #24 MOTION to Withdraw as Attorney MELANIE BLACK DUBIS , to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
October 9, 2014 Opinion or Order Filing 24 MOTION to Withdraw as Attorney MELANIE BLACK DUBIS by on behalf of DISH NETWORK L.L.C.. (Attachments: #1 Text of Proposed Order)(DUBIS, MELANIE)
September 11, 2014 Opinion or Order Filing 23 SUPPLEMENTAL PROTECTIVE ORDER. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/11/2014. (Daniel, J)
September 11, 2014 Opinion or Order Filing 22 JOINT STIPULATED PROTECTIVE ORDER as set out herein. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/11/2014. (Daniel, J)
September 8, 2014 Opinion or Order CASE REFERRED RE: #21 to MAG/JUDGE JOI ELIZABETH PEAKE. (Sanders, Marlene)
September 5, 2014 Opinion or Order Filing 21 STIPULATION [Joint Stipulated Protective Order] by DISH NETWORK L.L.C.. (Attachments: #1 Exhibit A: Acknowledgment)(KESHIAN, RICHARD)
August 18, 2014 Opinion or Order Filing 20 ORDER Appointing THOMAS C. DUNCAN as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
August 15, 2014 Opinion or Order Filing 19 NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 1/4/2016 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE.(Sanders, Marlene)
July 16, 2014 Opinion or Order MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 8/4/2014. Mediation due by 12/11/2014. (Gammon, Cheryl)
July 11, 2014 Opinion or Order Filing 18 ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/11/2014; that the parties' Joint Rule 26(f) Report [Doc. #17 ] is approved as submitted and as noted herein. Discovery shall be placed on a case-management track designated in LR 26.1(a) as EXCEPTIONAL. Discovery due by 4/17/2015. The Court notes that mediation should be conducted midway in the discovery period, the exact date to be set by the mediator after consultation with the parties. Under Local Rule 83.9d, if the parties do not provide the name of an agreed-upon mediator within 21 days of this Order, the Clerk will select a mediator from the Court's panel of mediators. Plaintiff's Amended Pleadings due by 10/15/2014. Defendant's Amended Pleadings due by 10/15/2014. Joinder of Parties for Plaintiff due by 10/15/2014. Joinder of Parties for Defendant due by 10/15/2014. Dispositive Motions due by 5/4/2014. The parties do not consent under 28 U.S.C. 636(c) and do not require appointment of a master. The parties are uncertain how long a trial will take in this matter. If this case is certified as a class action pursuant to Rule 23, the parties estimate trial will take two weeks. If the case is not certified as a class action pursuant to Rule 23, the parties estimate trial will take two days. (Sheets, Jamie) Modified on 7/14/2014 to correct discivery deadline. (Sheets, Jamie)
July 7, 2014 Opinion or Order Motions Referred: RE: #17 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)
July 3, 2014 Opinion or Order Filing 17 Rule 26(f) Report (Joint) filed by all parties by DISH NETWORK L.L.C.. (KESHIAN, RICHARD)
May 30, 2014 Opinion or Order Filing 16 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 7/17/2014 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim)
May 29, 2014 Opinion or Order Filing 15 NOTICE by DISH NETWORK L.L.C. NOTICE OF SUBSITUTION OF COUNSEL (DUBIS, MELANIE)
May 29, 2014 Opinion or Order Filing 14 NOTICE of Appearance by attorney LAURA E. KOGAN on behalf of Defendant DISH NETWORK L.L.C. (KOGAN, LAURA)
May 29, 2014 Opinion or Order Filing 13 NOTICE of Appearance by attorney BENJAMEN E. KERN on behalf of Defendant DISH NETWORK L.L.C. (KERN, BENJAMEN)
May 29, 2014 Opinion or Order Filing 12 NOTICE of Appearance by attorney ERIC L. ZALUD on behalf of Defendant DISH NETWORK L.L.C. (ZALUD, ERIC)
May 29, 2014 Opinion or Order Filing 11 ANSWER to #1 Complaint with Jury Demand by DISH NETWORK L.L.C.. (KESHIAN, RICHARD)
May 13, 2014 Opinion or Order Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint by DISH NETWORK L.L.C. (Attachments: #1 Text of Proposed Order)(DUBIS, MELANIE)
May 13, 2014 Opinion or Order Filing 9 Corporate Disclosure Statement by DISH NETWORK L.L.C. identifying Corporate Parent DISH NETWORK CORPORATION for DISH NETWORK L.L.C. (DUBIS, MELANIE)
May 13, 2014 Opinion or Order Filing 8 NOTICE of Appearance by attorney MELANIE BLACK DUBIS on behalf of Defendant DISH NETWORK L.L.C. (DUBIS, MELANIE)
May 13, 2014 Opinion or Order ORDER granting #10 Motion for Extension of Time to Answer for DISH NETWORK L.L.C. Answer due by 5/29/2014. Signed by John Brubaker, Clerk of Court, on 05/13/2014. (Brubaker, John)
May 12, 2014 Opinion or Order Filing 7 NOTICE of Appearance by attorney JOHN W. BARRETT on behalf of Plaintiff THOMAS H. KRAKAUER (BARRETT, JOHN)
May 5, 2014 Opinion or Order Filing 6 NOTICE of Appearance by attorney EDWARD A. BRODERICK on behalf of Plaintiff THOMAS H. KRAKAUER (BRODERICK, EDWARD)
May 5, 2014 Opinion or Order Filing 5 NOTICE of Appearance by attorney ANTHONY I. PARONICH on behalf of Plaintiff THOMAS H. KRAKAUER (PARONICH, ANTHONY)
May 4, 2014 Opinion or Order Filing 4 AFFIDAVIT OF SERVICE as to DISH NETWORK L.L.C. served on 4/23/2014, answer due 5/14/2014. (Attachments: #1 Exhibit Service Return Receipt)(NORRIS, JACOB)
April 18, 2014 Opinion or Order Filing 3 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie)
April 18, 2014 Opinion or Order Filing 2 Summons Issued as to DISH NETWORK L.L.C. (Sheets, Jamie)
April 18, 2014 Opinion or Order Filing 1 COMPLAINT against DISH NETWORK L.L.C. (Filing fee $ 400 receipt number 0418-1496692), filed by THOMAS H. KRAKAUER. (NORRIS, JACOB)
April 18, 2014 Opinion or Order CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie)
April 18, 2014 Opinion or Order Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie)

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Search for this case: KRAKAUER v. DISH NETWORK L.L.C.
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Plaintiff: THOMAS H. KRAKAUER
Represented By: JOHN W. BARRETT
Represented By: EDWARD A. BRODERICK
Represented By: PATRICK MUENCH
Represented By: JACOB MATTHEW NORRIS
Represented By: ANTHONY I. PARONICH
Represented By: JOHN J. RODDY
Represented By: RYAN M. DONOVAN
Represented By: MATTHEW P. MCCUE
Represented By: BRIAN A. GLASSER
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Defendant: DISH NETWORK L.L.C.
Represented By: BENJAMEN E. KERN
Represented By: RICHARD J. KESHIAN
Represented By: LAURA E. KOGAN
Represented By: DAVID M. KRUEGER
Represented By: ERIC L. ZALUD
Represented By: JAMIE L. SHOOKMAN
Represented By: JEREMY GILMAN
Represented By: MELANIE BLACK DUBIS
Represented By: DAVID LITTERINE-KAUFMAN
Represented By: ALLEGRA A. NOONAN
Represented By: SHASHA Y. ZOU
Represented By: JOHN L. EWALD
Represented By: PETER A BICKS
Represented By: LOUISA S. IRVING
Represented By: ELYSE D. ECHTMAN
Represented By: JACOB D. ALBERTSON
Represented By: JULIE GORCHKOVA
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Interested party: KURTZMAN CARSON CONSULTANTS LLC
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Special master: RICHARD D. CONNER
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