Lucas v. Telemarketer Calling From (407) 476-5680 and Other Telephone Numbers
| Vincent Lucas |
| Telemarketer Calling From (407) 476-5680 and Other Telephone Numbers |
| 1:2012cv00630 |
| August 20, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| CLERMONT |
| Stephanie K. Bowman |
| S Arthur Spiegel |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
255
DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge (Doc. 249 ). Signed by Judge Timothy S. Black on 12/1/2020. (rrs)
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Filing
252
DECISION AND ENTRY adopting Report and Recommendations re 249 Report and Recommendations. Signed by Judge Timothy S. Black on 11/30/2020. (rrs)
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Filing
249
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) Defendant Fred Accuardi's Answer to the Third Amended Complaint 198 should be STRICKEN; (2) The Clerk of Court should enter a default against Fred Accuardi under Fed. R. Civ. P. Rule 55( a) on all remanded claims, based upon his failure to appear. Objections to R&R due by 11/16/2020. Signed by Magistrate Judge Stephanie K. Bowman on 11/2/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
229
ORDER - IT IS ORDERED: 1. The Clerk of Court shall transmit a copy of this Order to the Federal Communications Commission, by U.S. Postal Service First Class, Express, or Priority mail, to the following address: ATIN: Consumer & Governmental Affairs Bureau, Federal Communications Commission 445 12th St., SWWashington, DC 20554; 2. In accordance with the Sixth Circuit's Nov. 1, 2019 Order directing this Court to "inquire" about the status of the pending Petition, this Court direct s the Federal Communications Commission to provide this Court with a written update on the status of Plaintiffs Petition, including: a. Whether the Petition is still under consideration by the FCC;b. An estimate, to the best of the FCC's knowled ge and ability, concerning thedate of any anticipated ruling on the Petition; 3. To ensure receipt and filing of the FCC's response, the FCC's written status report shall include the above-captioned case caption and case number and shall be filed with the Clerk of Court of the Southern District of Ohio on or before May 1, 2020. Signed by Magistrate Judge Stephanie K. Bowman on 03/17/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
227
MEMORANDUM OPINION AND ORDER - IT IS ORDERED: (1) Plaintiff's motion to vacate the 4/16/2014 protective order that precluded all discovery on claims that were previously dismissed by this Court 226 and to schedule a new status conference is DE NIED at this time; (2) On or before 3/25/2020, the six Defendants referenced in the 11/1/2019 Order of rehearing may file any new motions directed to the third amended complaint; (a) If Defendants choose to file a new motion, the motion must a ddress (at a minimum) all issues directed to this Court to consider in the first instance, as referenced in the Sixth Circuit's Order granting rehearing in part. If no timely motion is filed, the undersigned will reconsider Plaintiff's requ est to vacate the stay as to the specific claims addressed in the November 1 Order; (b) Consistent with the undersigned's General Order and the Local Rule, any memoranda filed in support of or in opposition to any motion shall not exceed 20 page s. However, any reply memoranda shall not exceed 15 pages; (3) In addition to any new motion filed by any Defendant(s), Plaintiff shall, as soon as practicable but not later than 3/20/2020, submit a prepared proposed Order to this Court that d irects the FCC to provide an update on the status of Plaintiff's long-pending 6/18/2014 petition as well as provide an address to which the Court may direct its Order. Signed by Magistrate Judge Stephanie K. Bowman on 3/3/2020. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
216
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 214 ) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 6/6/18. (jlm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
214
REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT Plaintiff's remaining claims against the two remaining Defendants, concerning two calls made in September 2011, should be DISMISSED WITH PREJUDICE under Rule 41(a)(2). IT IS FURTHER RECOMMENDED THAT final judgment be entered in favor of the Defendants, and that this case be CLOSED. Objections to R&R due by 5/23/2018. Signed by Magistrate Judge Stephanie K. Bowman on 5/9/2018. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
209
DECISION AND ENTRY ADOPTING IN PART 206 REPORT AND RECOMMENDATIONS. Plaintiff's motion to amend the complaint 199 is DENIED. Plaintiff's request for further sanctions against Defendants 203 is DENIED. Signed by Judge Timothy S. Black on 3/29/18. (sct)
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Filing
206
REPORT AND RECOMMENDATIONS re 199 Plaintiff's Motion to File a Fourth Amended Complaint. IT IS RECOMMENDED THAT Plaintiff's motion to file a fourth amended complaint 199 be DENIED, and that Plaintiff's request for further sanctio ns against Defendants 203 also be DENIED. IT IS FURTHER RECOMMENDED THAT, in the absence of joint, immediate consent to court-facilitated mediation or consent to trial before a magistrate judge pursuant to 28 U.S.C. § 636(c), the presiding dis trict judge set this matter for immediate trial on the remaining two telephone calls at issue. Objections to R&R due by 11/9/2017. Signed by Magistrate Judge Stephanie K. Bowman on 10/26/2017. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
195
DECISION AND ENTRY LIFTING STAY AND ADOPTING 91 REPORT AND RECOMMENDATIONS. This stay previously imposed on this case (see Doc. 120) is LIFTED; Defendants' motion to dismiss (Doc. 70) is GRANTED IN PART and DENIED IN PART; All claims against Defendants F. Antone Accuardi, Steve Hamilton, International Telephone Corporation, and Pacific Telecom Communications Group are DISMISSED for failure to state a claim; All claims against Defendant Telephone Management Corporation and Defendant Fred Accuardi are DISMISSED, with the exception of Plaintiff's TCPA claims against both Defendants (Count 1) for both monetary damages and injunctive relief. Signed by Judge Timothy S. Black on 6/5/17. (gs) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
186
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 179) AND OVERRULING OBJECTIONS TO THE MEMORANDUM ORDER OF THE MAGISTRATE JUDGE (Doc. 181). Signed by Judge Timothy S. Black on 11/6/2015. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
150
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 139 Report and Recommendation. The Court GRANTS Plaintiff's Unopposed Motion for Default Judgment against Defendant Edwin Adquilen Valbuena Jr. 125 . Defendant Edwin Adquilen Valbuena Jr. is dir ected to pay Plaintiff damages in the amount of $15,200.00, together with costs, with interest to be paid at the statutory rate until said judgment is satisfied. Further, Defendant Edwin Adquilen Valbuena Jr. and his employees, agents and alias es, and all other persons acting directly or indirectly in concert with him, are permanently enjoined from engaging in any unfair, deceptive, or unconscionable act or practice in violation of either Ohio's Consumer Sales Protection Act, Ohio Rev . Code §§ 1345.01 et seq., or Ohio's Telephone Sales Solicitation Act, Ohio Rev. Code §§ 4719.01 et seq., as well as the related provisions of the Ohio Administrative Code. Signed by Judge S Arthur Spiegel on 12/9/2014. (km1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing
130
OPINION AND ORDER rejecting 121 Report and Recommendations, granting 87 Plaintiff's Motion for Default Judgment against Defendant All In One Service AIOS, LLC. Defendant All In One Service AIOS, LLC is directed to pay Plaintiff damages in the amount of $3,800.00, together with costs, with interest to be paid at the statutory rate until said judgment is satisfied. Further, Defendant All In One Service AIOS, LLC, and its officers, employees, agents and aliases, and all other pers ons acting directly or indirectly in concert with Defendant, are permanently enjoined from engaging in any unfair, deceptive, or unconscionable act or practice in violation of either Ohios Consumer Sales Protection Act, Ohio Rev. Code §§ 1345.01 et seq., or Ohios Telephone Sales Solicitation Act, Ohio Rev. Code §§ 4719.01 et seq., as well as the related provisions of the Ohio Administrative Code. Signed by Magistrate Judge Stephanie K. Bowman on 10/16/2014. (km1)
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Filing
120
OPINION AND ORDER granting 115 Plaintiff's Motion to Stay Defendants' Motion to Dismiss. The Court will continue to HOLD IN ABEYANCE the 3/20/2014 Report and Recommendation of Magistrate Judge Stephanie K. Bowman 116 concerning the Mot ion to Dismiss filed by Defendants F. Antone Accuardi, Fred Accuardi, Steve Hamilton, International Telephone Corporation, Pacific Telecom Communications Group, and Telephone Management Corporation, Inc. 70 . The Court notes that the FCC's Con sumer and Government Affairs Bureau already has released a Public Notice seeking comments on the Lucas Petition, having established 8/8/2014 as the deadline for comments and 8/25/2014 for reply comments. THE COURT URGES THE FCC TO ACT PROMPTLY UPON THE CONCLUSION OF THE COMMENT PERIOD, AS THIS ISSUE HAS WIDESPREAD IMPLICATIONS. Finally, Plaintiff and the Accuardi Defendants are ORDERED to file with the Clerk a joint report describing the status of the Lucas Petition before the FCC on or before 1/5/2015, and every 120 days thereafter, until a ruling is released. Signed by Judge S Arthur Spiegel on 8/5/2014. (km1)
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Filing
91
REPORT AND RECOMMENDATIONS re 70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiff's Third Amended Complaint) filed by Defendants Pacific Telecom Communications Group, Telephone Management Corporation, Fred Accuardi, Steve Hamil ton, F Antone Accuardi, International Telephone Corporation. It is RECOMMENDED that: (1) Defendants' motion to dismiss 70 be GRANTED IN PART and DENIED IN PART; (2) All claims against Defendants F. Antone Accuardi, Steve Hamilton, Internati onal Telephone Corporation, and Pacific Telecom Communications Group should be dismissed for failure to state a claim; (3) All claims against Defendant Telephone Management Corporation and Defendant Fred Accuardi likewise should be dismissed, with th e exception of Plaintiffs TCPA claims against both Defendants (Count 1) for both monetary damages and injunctive relief; (4) Consistent with the recommendations contained above, the dismissal of Plaintiff's Ohio CSPA claims against all Defendan ts is recommended based upon the failure to include sufficient factual allegations against any Defendant for purposes of the CSPA claim, and because no Defendant falls within the definition of a "supplier" under the CSPA. In the event that a reviewing court would disagree with that analysis and/or conclude that Defendants are estopped from denying that they are suppliers, the undersigned alternatively recommends that the CSPA claim proceed against Defendant Telephone Management Corporation alone. Objections to R&R due by 4/7/2014. Signed by Magistrate Judge Stephanie K. Bowman on 3/20/2014. (km1)
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Filing
85
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 58 Report and Recommendation, denying as moot 35 Motion to Dismiss filed by Defendant Telephone Management Corporation, denying 41 Motion for Summary Judgment filed by Plaintiff Vincent Lucas. Signed by Judge S Arthur Spiegel on 1/23/2014. (km1)
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Filing
58
REPORT AND RECOMMENDATIONS re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Telephone Management Corporation, 41 MOTION for Summary Judgment filed by Plaintiff Vincent Lucas. It is RECOMMENDED THAT (1)Defendants' M otion to Dismiss be DENIED AS MOOT, but without prejudice to refile with respect to the claims asserted in Plaintiff's third amended complaint; and (2) Plaintiff's motion for summary judgment be DENIED. Objections to R&R due by 11/18/2013. Signed by Magistrate Judge Stephanie K. Bowman on 10/31/2013. (km1)
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Filing
52
AMENDED DEFAULT JUDGMENT entered by Clerk pursuant to Court Orders 49 51 , entering judgment in favor of Plaintiff Vincent Lucas and against Defendant Qall Cord Philippines Ltd Co. Damages awarded - $39,400.00. (km1)
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Filing
50
DEFAULT JUDGMENT entered by Clerk pursuant to Court Order 49 , entering judgment in favor of Plaintiff Vincent Lucas and against Defendant Qall Cord Philippines Ltd Co. Damages awarded - $39,400.00(km1) Modified docket text to clarify on 8/22/2013 (km1).
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Filing
37
REPORT AND RECOMMENDATIONS re 22 MOTION for Preliminary Injunction against Pacific Telecom Communications Group, et al. filed by Vincent Lucas, 3 MOTION for Preliminary Injunction filed by Vincent Lucas, 27 MOTION for Default Judgment against Qual Cord Philippines Ltd. Co. filed by Vincent Lucas: that plaintiff's first and second motions for preliminary injunctive relief (Docs. 3, 22) should be DENIED; plaintiff's motion for entry of default judgment against foreign defendant Qall Cord Philippines Ltd should be GRANTED. Objections to R&R due by 6/24/2013. Signed by Magistrate Judge Stephanie K. Bowman on 6/6/13. (jl1)
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Filing
15
ORDER: 1) the hearing scheduled for 2/12/13 is VACATED; 2) plaintiff shall file a motion pursuant to Rule 4(f)(3) within 14 days of this order; 3) to avoid confusion, plaintiff shall refrain from contacting chambers by telephone or email, but shall file any information relating to this case via the ecf system.. Signed by Magistrate Judge Stephanie K. Bowman on 1/30/13. (jl1)
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