March 24, 2021 |
Filing
248
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 3/24/2021. For the reasons stated herein, Plaintiffs' Motion to Alter, Amend, and/or to Grant Relief from Order on Summary Judgment Motions (ECF No. 242 ) is DENIED. (Daniel, J)
|
January 22, 2021 |
Filing
240
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 1/22/2021. For the reasons stated herein, Plaintiffs' Motion to Strike the Declaration of Rhonda Harper (ECF No. 206 ) is DENIED. FURTHER that Plaintiff's Motion to Strike the Declaration of Victoria Nourse (ECF No. 204 ) is GRANTED IN PART to the extent that the declaration advances an interpretation of a statute or applies expertise to resolve questions of how the law should be ap plied in the instant case and DENIED IN PART as to the remainder of the document. FURTHER that Plaintiff's Motion for Summary Judgment (ECF No. 183 ) is DENIED. FURTHER that the Fox Defendants' Motion for Summary Judgment (ECF No. 178 ) and the Womble Defendants' Motion for Summary Judgment (ECF No. 180 ) are each GRANTED. (Daniel, J)
|
October 21, 2020 |
Filing
227
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/21/2020. Plaintiffs' Motion (Docket Entry 154 ) is GRANTED IN PART AND DENIED IN PART as set out herein. FURTHER that the Sealing Motion (Docket Entry 157 ) is GRANTED IN PART and DENIED IN PART as set out herein. FURTHER that Defendants' Motion (Docket Entry 158 ) is DENIED. (Daniel, J)
|
September 28, 2020 |
Filing
220
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 09/28/2020, that the Farbman Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint, (ECF No. 113 ), is GRANTED as to the dismi ssal of Plaintiffs' claim for injunctive relief and DENIED as to whether Plaintiffs have plausibly alleged Article III standing and the availability of liquidated damages. FURTHER that the DeMayo Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, (ECF No. 111 ), is DENIED. (Taylor, Abby)
|
August 13, 2020 |
Filing
200
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 8/13/2020. For the reasons stated herein, Plaintiffs' Motion for Class Certification (ECF No. 104 ) is DENIED. (Daniel, J)
|
June 29, 2020 |
Filing
192
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 6/26/2020. Moving Defendants' Motion to Strike Class Allegations (ECF No. 109 ) is DENIED. (Daniel, J)
|
April 6, 2020 |
Filing
152
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 4/6/2020. Plaintiffs' Motion to Seal (ECF No. 107 ) Third Party Kevin Creech's Motion to Seal (ECF No. 119 ) and the Farbman Defendants� 39; Motion to Seal (ECF No. 131 ) are GRANTED. FURTHER that the Farbman Defendants' Motion for Provisional Sealing (ECF No. 133 ) is DENIED. However, the Court orders sua sponte that the Farbman Defendants shall file versions of Exhi bits D, E, and F (ECF Nos. 133 -1; 133 -2; 133 -3) which redact all names, addresses, and vehicle information of non-parties. FURTHER that the Womble Defendants' Motion to Seal (ECF No. 135 ) is GRANTED IN PART and DENIED IN PART. The motio n is granted as to Exhibits B, C, D, E, F, and G (ECF Nos. 134 -2; 134 -3; 134 -4; 134 -5; 134 -6; 134 -7). The motion is denied as to Exhibits H-1 and I-1 (ECF Nos. 134 -10; 134 -12). However, the Court orders sua sponte that the Womble Defendants shall file versions of Exhibits H-1 and I-1 which redact all names, addresses, and vehicle information of non-parties. (Daniel, J)
|
January 8, 2020 |
Filing
146
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 1/8/2020. The Moving Defendants' motion for reconsideration (ECF No. 59 ) is GRANTED IN PART AND DENIED IN PART. The motion is DENIED to the exte nt Moving Defendants seek modification of the Court's September 29th Order denying Moving Defendants' motion to dismiss Plaintiffs' complaint. The motion is GRANTED to the extent that the Court has corrected, in its November 15, 201 8 Memorandum Opinion and Order, the failure in its September 29th Memorandum Opinion to apply the Central Hudson analysis to Moving Defendants' speech to determine whether the DPPA's restriction on such speech is constitutionally permissible. This error, however, does not alter the ultimate ruling in the September 29th Order. (Daniel, J)
|
November 15, 2018 |
Filing
63
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 11/15/2018. Moving Defendants' pleading entitled, "Motion for Reconsideration of the Court's Ruling on their Motion to Dismiss and Alter native Motion for Judgment on the Pleadings," (ECF No. 45 ), is GRANTED IN PART AND DENIED IN PART. The motion is DENIED to the extent Moving Defendants seek modification of the Court's September 29 Order denying Moving Defendants' motion to dismiss Plaintiffs' Complaint, and to the extent that it seeks judgment on the pleadings in favor of Moving Defendants. The motion is GRANTED to the extent that the Court has corrected the failure in its September 29 Memorandum Opin ion to apply the Central Hudson analysis to Moving Defendants' speech to determine whether the DPPA's restriction on such speech is constitutionally permissible. This error, however, does not alter the ultimate ruling in the September 29 Order. (Daniel, J)
|
September 29, 2018 |
Filing
57
ORDER denying 36 Motion for Certificate of Appealability. Signed by JUDGE LORETTA C. BIGGS on 09/29/2018. (Samuel-Priestley, Tina)
|
September 29, 2017 |
Filing
35
MEMORANDUM OPINION AND ORDER denying 21 and 23 Motions to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction filed by MARK FARBMAN, PA, MARK I. FARBMAN and BENJAMIN T. COCHRAN, DAVIS & GELSHENEN LLP, MICHAEL A. DEMAYO, ESTWANIK ANY MAY, P.L.L.C., JOHN J. GELSHENEN, TED A. GREVE, HARDISON & COCHRAN, PLLC, LAW OFFICES OF JASON E. TAYLOR, P.C., LAW OFFICES OF MICHAEL A. DEMAYO, L.L.P., CHRISTOPHER T. MAY, CARL B. NAGLE, NAGLE & ASSOCIATES, P.A., JASON E. TAYLOR, TED A. GREVE & ASSOCIATES, P.A., THE LAW OFFICES OF MICHAEL A. DEMAYO, P.C. Signed by JUDGE LORETTA C. BIGGS on 9/29/2017. (Solomon, Dianne)
|