Rowan v. Pierce
Plaintiff: Nathan Rowan
Defendant: Brock Pierce
Case Number: 3:2020cv01648
Filed: November 16, 2020
Court: US District Court for the District of Puerto Rico
Presiding Judge: Raul M Arias-Marxuach
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2023 Opinion or Order Filing 189 REPLY to Motion in Support of Motion to Strike Late Produced Evidence, Or Alternatively, To Compel Plaintiff to Respond to Discovery filed by Brock Pierce Re: #182 MOTION to Strike Late Produced Evidence, Or Alternatively, To Compel Plaintiff to Respond to Discovery filed by Brock Pierce filed by Brock Pierce. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Pragid, Kayla) Modified italic letters on 7/7/2023 (rim).
July 6, 2023 Opinion or Order Filing 188 ORDER granting #187 Motion for Leave to File. Defendant shall file the reply on the docket forthwith. Signed by Judge Raul M. Arias-Marxuach on 7/6/2023. (mrr)
July 5, 2023 Opinion or Order Filing 187 MOTION for Leave to File Document Reply in Support of Motion to Strike Late Produced Evidence, or Alternatively, to Compel Plaintiff to Respond to Discovery filed by Kayla Pragid on behalf of Brock Pierce Responses due by 7/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A)(Pragid, Kayla)
June 28, 2023 Opinion or Order Filing 186 RESPONSE to Motion to Strike Discovery or, Alternately, to Compel filed by Nathan Rowan Re: #182 MOTION to Strike Late Produced Evidence, Or Alternatively, To Compel Plaintiff to Respond to Discovery filed by Brock Pierce filed by Nathan Rowan. (Attachments: #1 Exhibit 1)(Mellado-Villarreal, Jairo)
June 15, 2023 Opinion or Order Filing 185 ORDER granting #184 Motion to Continue. The deadlines will be reset if necessary after the Court rules on the pending motion for summary judgment. The Pretrial Conference set for 9/5/2023 and the Jury Trial set for 10/2/2023 are vacated. Signed by Judge Raul M. Arias-Marxuach on 6/15/2023. (nat)
June 15, 2023 Opinion or Order Filing 184 MOTION to Continue of Pretrial Deadlines and Trial Date filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 6/29/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
June 14, 2023 Opinion or Order Filing 183 ORDER holding in abeyance #182 Motion to Strike. Plaintiff shall respond to this motion by June 28, 2023. Signed by Judge Raul M. Arias-Marxuach on 6/14/2023. (mrr)
June 13, 2023 Opinion or Order Filing 182 MOTION to Strike Late Produced Evidence, Or Alternatively, To Compel Plaintiff to Respond to Discovery filed by Kayla Pragid on behalf of Brock Pierce Responses due by 6/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1- AT&T Subpoena 01-20, #2 Exhibit 2 - AT&T Subpoena 2-17, #3 Exhibit 3 - AT&T Subpoena 2-22, #4 Exhibit 4 - AT&T Subpoena 2-24, #5 Exhibit 5 - Verizon Subpoena 2-03, #6 Exhibit 6 - Composite AT&T Production, #7 Exhibit 7 - Hopman Declaration, #8 Exhibit 8 - Email with Attachments 4-07, #9 Exhibit 9 - Plaintiff's Initial Disclosures, #10 Exhibit 10 - Plaintiff's Response to Third RFP, #11 Exhibit 11 - Plaintiff's Responses to Second Set of Interrogatories)(Pragid, Kayla)
June 12, 2023 Opinion or Order Filing 181 ORDER granting in part #180 Motion for Order. The class certification hearing is vacated sine die. The Court will reset the hearing, if necessary, after it rules on the pending motion for summary judgment. Signed by Judge Raul M. Arias-Marxuach on 6/12/2023. (nat)
June 9, 2023 Opinion or Order Filing 180 MOTION for Hearing Motion For Order Instructing the Parties to Appear on June 22, 2023 for Hearing on Defendants Motion for Summary Judgment and Canceling the Hearing Currently Scheduled to Proceed on Plaintiffs Motion for Class Certification re #153 MOTION for Summary Judgment filed by Brock Pierce, #73 MOTION to Certify Class filed by Nathan Rowan filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 6/23/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #153 , #73 ) (Shively, Ashley)
May 22, 2023 Opinion or Order Filing 179 ORDER granting #177 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 5/22/2023. (mrr)
May 17, 2023 Opinion or Order Filing 178 **CASE PARTICIPANTS**SUR-SURREPLY to Motion filed by Nathan Rowan Re: #73 MOTION to Certify Class filed by Nathan Rowan filed by Nathan Rowan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Mellado-Villarreal, Jairo) Modified text title on 5/17/2023 (rim).
May 17, 2023 Opinion or Order Filing 177 MOTION to Restrict Document filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 5/31/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
May 10, 2023 Opinion or Order Filing 176 ORDER granting #173 Motion for Leave to File; granting #174 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 5/10/2023. (mrr)
May 10, 2023 Opinion or Order Filing 175 ORDER granting #172 Motion for Leave to File. Signed by Judge Raul M. Arias-Marxuach on 5/10/2023. (mrr)
May 8, 2023 Opinion or Order Filing 174 MOTION to Restrict Document Motion to File Reply in Support of Defendant's Motion For Summary Judgment and Reply Statement of Undisputed Material Facts in Support of His Fully Dispositive Motion For Summary Judgment filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 5/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
May 8, 2023 Opinion or Order Filing 173 **CASE PARTICIPANTS** MOTION for Leave to File Document Reply in Support of Defendant's Motion For Summary Judgment And Reply to Statement of Undisputed Material Facts in Support of His Fully Dispositive Motion For Summary Judgment And For a Six Page Extension filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 5/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 - Defendant Pierce's Reply ISO Motion for Summary Judgment, #2 Exhibit 2- Defendant Pierce's Reply ISO Statement of Undisputed Material Facts)(Shively, Ashley)
May 8, 2023 Opinion or Order Filing 172 MOTION for Leave to File Document Sur-Surreply filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 5/22/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
April 26, 2023 Opinion or Order Filing 171 ORDER granting #167 Motion to Restrict; granting #169 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 4/26/2023. (mrr)
April 24, 2023 Opinion or Order Filing 170 **CASE PARTICIPANTS**RESPONSE to Motion for Summary Judgment filed by Nathan Rowan Re: #153 MOTION for Summary Judgment filed by Brock Pierce filed by Nathan Rowan. (Attachments: #1 Supplement Opposing Statement of Material Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Mellado-Villarreal, Jairo)
April 24, 2023 Opinion or Order Filing 169 MOTION to Restrict Document filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 5/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
April 24, 2023 Opinion or Order Filing 168 BRIEF In Opposition To Plaintiff's Motion For Class Certification by Brock Pierce. (Shively, Ashley)
April 24, 2023 Opinion or Order Filing 167 MOTION to Restrict Document filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 5/8/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
April 24, 2023 Opinion or Order Filing 166 **CASE PARTICIPANTS** STATEMENT Declaration of Ashley L. Shively filed by Brock Pierce re: #106 MOTION for Leave to File Document Sur-Reply to #100 Reply in Support of Motion for Class Certification filed by Brock Pierce, #95 Memorandum in Opposition, filed by Brock Pierce. (Attachments: #1 Exhibit 1 - Deposition Transcript of Randall A. Snyder with Exhibits, #2 Exhibit 2 - Kalat Supplemental Rebuttal - Woolfson, #3 Exhibit 3 - Deposition of Aaron Woolfson with Exhibits, #4 Exhibit 4 - Deposition Transcript of David Kalat, #5 Exhibit 5 - NoMoRobo Screenshot, #6 Exhibit 6 - Kalat Supplemental Rebuttal - Snyder, #7 Exhibit 7 - Deposition Transcript of Glenn Bard with Exhibits, #8 Exhibit 8 - Kalat Supplemental Rebuttal - Bard) (Shively, Ashley)
April 17, 2023 Opinion or Order Filing 165 ORDER. Class Certification Hearing is RESET for 6/22/2023 at 9:30 AM in Courtroom 7 before Judge Raul M. Arias-Marxuach. Signed by Judge Raul M. Arias-Marxuach on 4/17/2023. (nat)
April 10, 2023 Opinion or Order Filing 164 RESPONSE to Motion Plaintiff's Motion to Compel filed by Brock Pierce Re: #152 MOTION to Compel filed by Nathan Rowan filed by Brock Pierce. (Shively, Ashley)
March 30, 2023 Opinion or Order Filing 163 ORDER granting #157 Motion for extension of time. Defendant's rebuttal reports due by March 31, 2023. Signed by Judge Raul M. Arias-Marxuach on 3/30/2023. (mrr)
March 28, 2023 Opinion or Order Filing 162 ORDER granting #155 Motion to Restrict; granting #156 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 3/28/2023. (mrr)
March 28, 2023 Opinion or Order Filing 161 ORDER granting #151 Motion to clarify. Signed by Judge Raul M. Arias-Marxuach on 3/28/2023. (mrr)
March 28, 2023 Opinion or Order Filing 160 ORDER holding in abeyance #152 Motion to Compel. Defendant shall respond to this motion by April 10, 2023. Signed by Judge Raul M. Arias-Marxuach on 3/28/2023. (mrr)
March 28, 2023 Opinion or Order Filing 159 ORDER denying #137 Motion to Consolidate Cases. Although there are common parties and questions of law and fact, given the advanced stage of this case in comparison with the Boltzer litigation, consolidation at this juncture would result in undue prejudice and delay for Defendant. See Montoyo-Rivera v. Pall Life Scis. PR, LLC, 245 F. Supp. 3d 337, 343 (D.P.R. 2017). Signed by Judge Raul M. Arias-Marxuach on 3/28/2023. (mrr)
March 28, 2023 Opinion or Order Filing 158 ORDER denying #112 Motion for Sanctions. As both parties note, entry of default is an extreme sanction not to be imposed lightly. Defendant has not violated a court order and the record does not establish that his conduct rises to the level of "fraud on the court." See Aoude v. Mobile Oil Corp., 892 F.2d 1115 (1st Cir. 1989) (explaining that fraud on the court "occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system's ability impartially to adjudicate a matter by improperly influencing the trier or unfairly hampering the presentation of the opposing party's claim or defense."). Regardless of the quality of Defendant's deposition testimony and answers to interrogatories, Plaintiff has been able to conduct extensive discovery with regards to his claims. Moreover, the fact that the Court had not previously notified that sanctions were imminent also "weighs against default judgment on the merits." Reyes-Santiago v. JetBlue Airways Corp., 932 F. Supp. 2d 291, 302 (D.P.R. 2013). Signed by Judge Raul M. Arias-Marxuach on 3/28/2023. (mrr)
March 28, 2023 Opinion or Order Filing 157 MOTION for extension of time until 03/31/2023 to Serve Pierce's Expert Rebuttal Reports filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 4/11/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 24, 2023 Opinion or Order Filing 156 MOTION to Restrict Document Statement of Undisputed Material Facts filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 24, 2023 Opinion or Order Filing 155 MOTION to Restrict Document Defendant's Motion for Summary Judgment filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 24, 2023 Opinion or Order Filing 154 **CASE PARTICIPANTS** STATEMENT Of Undisputed Material Facts filed by Brock Pierce re: #153 MOTION for Summary Judgment filed by Brock Pierce. (Attachments: #1 Exhibit 1 - Deposition Transcript of Nathan Rowan, #2 Exhibit 2 - Deposition Transcript of Brock Pierce, #3 Exhibit 3- Deposition Transcript of Media Mash Brian Anderson) (Shively, Ashley)
March 24, 2023 Opinion or Order Filing 153 **CASE PARTICIPANTS** MOTION for Summary Judgment filed by Ashley L. Shively on behalf of Brock Pierce Suggestions in Opposition to Summary Judgment due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 24, 2023 Opinion or Order Filing 152 MOTION to Compel filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1)(Mellado-Villarreal, Jairo)
March 24, 2023 Opinion or Order Filing 151 MOTION to Clarify filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 4/10/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
March 24, 2023 Opinion or Order Filing 150 NOTICE of Change of Address by Ashley L. Shively filed on behalf of Brock Pierce (Shively, Ashley)
March 21, 2023 Opinion or Order Filing 149 REPLY to Motion filed by Nathan Rowan Re: #112 MOTION for Sanctions as to Brock Pierce filed by Nathan Rowan filed by Nathan Rowan. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Mellado-Villarreal, Jairo)
March 14, 2023 Opinion or Order Filing 148 ORDER granting #147 Motion for Leave to File. Reply due by March 21, 2023. Signed by Judge Raul M. Arias-Marxuach on 3/14/2023. (mrr)
March 13, 2023 Opinion or Order Filing 147 MOTION for Leave to File Document Reply in Support of Motion for Sanctions filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 3/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
March 9, 2023 Opinion or Order Filing 146 ORDER granting #144 Motion for Leave to File Excess Pages; granting #145 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 3/9/2023. (mrr)
March 6, 2023 Opinion or Order Filing 145 MOTION to Restrict Document Defendant Brock Pierce's Opposition to Plaintiff's Motion For Entry of a Default as a Sanction filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 3/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 6, 2023 Opinion or Order Filing 144 MOTION for Leave to File Excess Pages For The Opposition to Plaintiff's Motion For Entry of a Default as a Sanction filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 3/20/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 6, 2023 Opinion or Order Filing 143 **CASE PARTICIPANTS**MEMORANDUM in Opposition to Plaintiff's Motion For Entry of a Default as a Sanction filed by Brock Pierce Re: #112 MOTION for Sanctions as to Brock Pierce filed by Nathan Rowan filed by Brock Pierce. (Attachments: #1 Exhibit A- Deposition Transcript of Media Mash, #2 Exhibit B- Chart)(Shively, Ashley)
March 6, 2023 Opinion or Order Filing 142 ORDER granting #140 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 3/6/2023. (mrr)
March 3, 2023 Opinion or Order Filing 141 **CASE PARTICIPANTS**AFFIDAVIT re #139 Memorandum in Opposition, #140 MOTION to Restrict Document Declaration of Ashley L. Shively by Brock Pierce. (Attachments: #1 Exhibit 1 - Plaintiff's Initial Disclosures, #2 Exhibit 2 - Email with Proposed Amended Complaint, #3 Exhibit 3 - 5/25/22 Shively's Email to O/C, #4 Exhibit 4 - Subpoena to Stratics Group, #5 Exhibit 5 - Deposition Excerpts of Nathan Rowan, #6 Exhibit 6 - 3/2/23 Docket Rowan, #7 Exhibit 7 - 3/2/23 Docket Blotzer) (Shively, Ashley)
March 3, 2023 Opinion or Order Filing 140 MOTION to Restrict Document filed by Ashley L. Shively on behalf of Brock Pierce Responses due by 3/17/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Shively, Ashley)
March 3, 2023 Opinion or Order Filing 139 MEMORANDUM in Opposition To Plaintiff's Motion to Consolidate Actions filed by Brock Pierce Re: #137 MOTION to Consolidate Cases filed by Nathan Rowan filed by Brock Pierce. (Shively, Ashley)
February 21, 2023 Opinion or Order Filing 138 ORDER holding in abeyance #137 Motion to Consolidate Cases. Defendant shall respond to this motion by March 3, 2023. Signed by Judge Raul M. Arias-Marxuach on 2/21/2023. (mrr)
February 15, 2023 Opinion or Order Filing 137 MOTION to Consolidate Cases filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 3/1/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
February 14, 2023 Opinion or Order Filing 136 ORDER granting #133 Motion to clarify. Defendant may serve a rebuttal expert report within 30 days from service by Plaintiff of a new expert report. Signed by Judge Raul M. Arias-Marxuach on 2/14/2023. (mrr)
February 13, 2023 Opinion or Order Filing 135 NOTICE of Appearance (Amended to add certificate of service page) by John W. Barrett on behalf of Nathan Rowan (Barrett, John)
February 13, 2023 Opinion or Order Filing 134 NOTICE of Appearance by John W. Barrett on behalf of Nathan Rowan (Barrett, John)
February 10, 2023 Opinion or Order Filing 133 MOTION to Clarify Order at Dkt. 118 filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 2/24/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
February 8, 2023 Opinion or Order Filing 132 NOTICE TO PRO HAC VICE John W. Barrett re: 131 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim) Modified add docket number on 2/8/2023 (rim).
February 8, 2023 Opinion or Order Filing 131 ORDER granting #130 Motion to Appear PHV. Attorney John W. Barrett admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 2/8/2023. (mrr)
February 6, 2023 Opinion or Order Filing 130 Motion to allow John Barrett to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8086092) filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/21/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1)(Mellado-Villarreal, Jairo)
February 6, 2023 Opinion or Order Filing 129 NOTICE of Appearance by Paul J. Bond on behalf of Brock Pierce (Bond, Paul) Modified docket text on 2/6/2023 (rim).
February 3, 2023 Opinion or Order Filing 128 NOTICE TO PRO HAC VICE Paul Bond re: 127 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim)
February 3, 2023 Opinion or Order Filing 127 ORDER granting #126 Motion to Appear PHV. Attorney Paul Bond admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 2/3/2023. (mrr)
February 1, 2023 Opinion or Order Filing 126 Motion to allow Paul Bond to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8080586) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 2/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
February 1, 2023 Opinion or Order Filing 125 ORDER granting #124 Motion for Extension of Time. Response to #112 Motion for Sanctions due by 3/6/2023. Signed by Judge Raul M. Arias-Marxuach on 2/1/2023. (mrr)
February 1, 2023 Opinion or Order Filing 124 MOTION for Extension of Time until March 6, 2023 to File Response/Reply as to #112 MOTION for Sanctions as to Brock Pierce filed by Nathan Rowan filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 2/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #112 ) (Llado-Rodriguez, Ivan)
January 27, 2023 Opinion or Order Filing 123 ORDER finding as moot #91 Motion to Strike in light of Aristotle Inc.'s written consent at ECF 122-1 for the use of documents produced pursuant to Rowan v. Aristotle, Inc., No. 1:22-mc-00081 (D.C. Dist. Aug. 30, 2022) in the present litigation. Signed by Judge Raul M. Arias-Marxuach on 1/27/2023. (nat)
January 26, 2023 Opinion or Order Filing 122 NOTICE of Filing Exhibits Pursuant to Order at ECF 121 re 121 Order,, (Attachments: #1 Affidavit of David Mason) (Mellado-Villarreal, Jairo)
January 24, 2023 Opinion or Order Filing 121 ORDER. The Court previously revised Plaintiff's [120-1] Exhibit when it was initially filed at [103-3]. The Court requires more robust and clear confirmation on behalf of Aristotle Inc. with regards to the use of documents produced in Rowan v. Aristotle, Inc., No. 1:22-mc-00081 (D.C. Dist. Aug. 30, 2022) for the present action. Plaintiff shall file said written confirmation on or before February 6, 2023. If he fails to do so, the Court shall proceed to evaluate Defendant's #91 Motion to Strike on the merits. Signed by Judge Raul M. Arias-Marxuach on 1/24/2023. (nat)
January 23, 2023 Opinion or Order Filing 120 NOTICE of Filing Exhibits Pursuant to Order at ECF No. 119 re 119 Order on Motion to Strike, (Attachments: #1 Exhibit A) (Mellado-Villarreal, Jairo)
January 23, 2023 Opinion or Order Filing 119 ORDER holding in abeyance #91 Motion to Strike. On or before February 6, 2023, Plaintiff shall file Aristotle, Inc.'s written permission to use the documents produced pursuant to Rowan v. Aristotle, Inc., No. 1:22-mc-00081 (D.C. Dist. Aug. 30, 2022) in the present litigation, as per Section 7.2 of the Stipulated Protective Order at [91-1] and [103-2]. Signed by Judge Raul M. Arias-Marxuach on 1/23/2023. (nat)
January 23, 2023 Opinion or Order Filing 118 ORDER granting #110 Motion for extension of time. The parties shall disclose affirmative expert witnesses on or before February 27, 2023. Signed by Judge Raul M. Arias-Marxuach on 1/23/2023. (nat)
January 23, 2023 Opinion or Order Filing 117 ORDER granting #111 Motion to Restrict Plaintiff's #112 Motion for Sanctions under the "Case Participants" restriction. Signed by Judge Raul M. Arias-Marxuach on 1/23/2023. (nat)
January 23, 2023 Opinion or Order Filing 116 ORDER granting #113 Motion for Leave to File Excess Pages. Signed by Judge Raul M. Arias-Marxuach on 1/23/2023. (nat)
January 23, 2023 Opinion or Order Filing 115 ORDER granting #114 Motion to Continue. The Hearing for Class Certification is RESET for 4/26/2023 at 10:00 AM in Courtroom 7 before Judge Raul M. Arias-Marxuach. Signed by Judge Raul M. Arias-Marxuach on 1/23/2023. (nat)
January 20, 2023 Opinion or Order Filing 114 MOTION to Continue Class Certification Hearing filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
January 20, 2023 Opinion or Order Filing 113 MOTION for Leave to File Excess Pages filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
January 20, 2023 Opinion or Order Filing 112 **CASE PARTICIPANTS** MOTION for Sanctions as to Brock Pierce filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Errata 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Mellado-Villarreal, Jairo)
January 20, 2023 Opinion or Order Filing 111 MOTION to Restrict Document Motion for Sanctions filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
January 13, 2023 Opinion or Order Filing 110 MOTION for extension of time until 02/27/2023 to Disclose affirmative expert filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 1/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Mellado-Villarreal, Jairo)
December 22, 2022 Opinion or Order Filing 109 ORDER. Oral Argument/Motion Hearing for Class Certification is RESET for 1/26/2023 at 11:30 AM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by Judge Raul M. Arias-Marxuach on 12/22/2022. (nat)
December 13, 2022 Opinion or Order Filing 108 SURREPLY to Motion filed by Brock Pierce Re: #73 MOTION to Certify Class filed by Nathan Rowan filed by Brock Pierce. (Llado-Rodriguez, Ivan)
December 13, 2022 Opinion or Order Filing 107 ORDER granting #106 Motion for Leave to File. Defendant shall file the sur-reply on the docket forthwith. Signed by Judge Raul M. Arias-Marxuach on 12/13/2022. (mrr)
December 9, 2022 Opinion or Order Filing 106 MOTION for Leave to File Document Sur-Reply to #100 Reply in Support of Motion for Class Certification filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 12/23/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Sur-Reply Brief)(Llado-Rodriguez, Ivan)
December 7, 2022 Opinion or Order Filing 105 ORDER. Oral Argument/Motion Hearing for Class Certification is RESET for 1/24/2023 at 2:00 PM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by Judge Raul M. Arias-Marxuach on 12/7/2022. (nat)
December 6, 2022 Opinion or Order Filing 104 ORDER granting #101 Motion to Restrict; granting #102 Motion for Leave to File Excess Pages. Signed by Judge Raul M. Arias-Marxuach on 12/6/2022. (mrr)
December 2, 2022 Opinion or Order Filing 103 RESPONSE to Motion filed by Nathan Rowan Re: #91 MOTION to Strike DECLARATION OF PLAINTIFFS EXPERT AARON WOOLFSON filed by Brock Pierce filed by Nathan Rowan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mellado-Villarreal, Jairo)
December 2, 2022 Opinion or Order Filing 102 MOTION for Leave to File Excess Pages filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
December 2, 2022 Opinion or Order Filing 101 MOTION to Restrict Document filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/16/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
December 2, 2022 Opinion or Order Filing 100 **CASE PARTICIPANTS**REPLY to Motion filed by Nathan Rowan Re: #73 MOTION to Certify Class filed by Nathan Rowan filed by Nathan Rowan. (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)(Mellado-Villarreal, Jairo)
November 21, 2022 Opinion or Order Filing 99 ORDER granting #92 Motion to Restrict; granting #94 Motion for Leave to File Excess Pages. Signed by Judge Raul M. Arias-Marxuach on 11/21/2022. (mrr)
November 21, 2022 Opinion or Order Filing 98 ORDER holding in abeyance #91 Motion to Strike. Plaintiff shall respond to this motion by December 2, 2022. Signed by Judge Raul M. Arias-Marxuach on 11/21/2022. (mrr)
November 21, 2022 Opinion or Order Filing 97 PROTECTIVE ORDER regarding discovery. Signed by Judge Raul M. Arias-Marxuach on 11/21/2022. (Attachments: #1 Exhibit)(mrr)
November 21, 2022 Opinion or Order Filing 96 ORDER granting #90 Motion for Protective Order. Signed by Judge Raul M. Arias-Marxuach on 11/21/2022. (mrr)
November 18, 2022 Opinion or Order Filing 95 MEMORANDUM in Opposition to Motion for Class Certification filed by Brock Pierce Re: #73 MOTION to Certify Class filed by Nathan Rowan filed by Brock Pierce. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Llado-Rodriguez, Ivan)
November 18, 2022 Opinion or Order Filing 94 MOTION for Leave to File Excess Pages the Opposition to Motion for Class Certification filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 12/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
November 18, 2022 Opinion or Order Filing 93 **CASE PARTICIPANTS**AFFIDAVIT regarding Opposition to Motion for Class Certification by Brock Pierce. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Pragid, Kayla)
November 18, 2022 Opinion or Order Filing 92 MOTION to Restrict Document (Declaration Signed by Kayla Pragid) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 12/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
November 18, 2022 Opinion or Order Filing 91 MOTION to Strike DECLARATION OF PLAINTIFFS EXPERT AARON WOOLFSON filed by Ramon E. Dapena on behalf of Brock Pierce Responses due by 12/2/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Stipulated Protective Order, #2 Exhibit Aristotle Docket, #3 Exhibit Email re: Aristotle Protective Order)(Dapena, Ramon)
November 11, 2022 Opinion or Order Filing 90 Joint MOTION for Protective Order filed by Ashley L. Shively on behalf of All Parties. Responses due by 11/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Stipulated Protective Order) (Shively, Ashley) Modified docket event type, text title and add response deadline on 11/14/2022 (rim).
November 10, 2022 Opinion or Order Filing 89 NOTICE of Appearance by Lisa Kohring on behalf of Brock Pierce (Kohring, Lisa)
November 10, 2022 Opinion or Order Filing 88 NOTICE of Appearance by Kayla Pragid on behalf of Brock Pierce (Pragid, Kayla)
November 9, 2022 Opinion or Order Filing 87 NOTICE TO PRO HAC VICE Lisa Kohring re: 86 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim)
November 9, 2022 Opinion or Order Filing 86 ORDER granting #85 Motion to Appear PHV. Attorney Lisa Kohring is admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 11/9/2022. (mrr)
November 7, 2022 Opinion or Order Filing 85 Amended Motion to allow Lisa Kohring to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7978278) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 11/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
November 7, 2022 Opinion or Order Filing 84 NOTICE TO PRO HAC VICE Kayla Pragid re: 83 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim)
November 7, 2022 Opinion or Order Filing 83 ORDER granting #82 Motion to Appear PHV. Attorney Kayla Pragid is admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 11/7/2022. (mrr)
November 7, 2022 Opinion or Order Filing 82 Amended Motion to allow Kayla Pragid to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7978315) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 11/21/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
November 7, 2022 Opinion or Order NOTICE of Docket Text Modification by Deputy Clerk re: #81 Motion to allow Kayla Pragid to appear pro hac vice, #80 Motion to allow Lisa Kohring to appear pro hac vice. ***FILED IN ERROR - PHV Applicant's signature missing. Application to be re-file with PHV's handwritten signature.*** (rim)
November 4, 2022 Opinion or Order Filing 81 ***FILED IN ERROR - PHV Applicant's signature missing. Application to be re-file with PHV's handwritten signature.*** Motion to allow Kayla Pragid to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7978315) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 11/18/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan) Modified on 11/7/2022 (rim).
November 4, 2022 Opinion or Order Filing 80 ***FILED IN ERROR - PHV Applicant's signature missing. Application to be re-file with PHV's handwritten signature.*** Motion to allow Lisa Kohring to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7978278) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 11/18/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan) Modified on 11/7/2022 (rim).
October 26, 2022 Opinion or Order Filing 79 MEMORANDUM AND ORDER: For the reasons set forth in this Memorandum and Order, Defendant's Motion to Compel at Docket No. #61 is GRANTED IN PART, DENIED IN PART, and MOOT IN PART. Plaintiff is ordered to provide full and complete responses to Interrogatory Nos. 2, 3, 8 and produce documents in response to Requests for Production Nos. 7, 8, 9, 11, 12, 14, and 30 in accordance with any amendments made by the Court herein. Plaintiff SHALL supplement discovery by November 16, 2022. Signed by Judge Raul M. Arias-Marxuach on 10/26/2022. (mrr)
October 20, 2022 Opinion or Order Filing 78 ORDER granting #77 Motion to clarify. Opposition to motion for class certification due by November 18, 2022. Signed by Judge Raul M. Arias-Marxuach on 10/20/2022. (mrr)
October 18, 2022 Opinion or Order Filing 77 MOTION to Clarify Order at Dkt. 75 Regarding Opposition to Motion for Class Certification filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 11/1/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
October 13, 2022 Opinion or Order Filing 76 ORDER granting #74 Motion for Leave to File Audio Recordings. Signed by Judge Raul M. Arias-Marxuach on 10/13/2022. (mrr)
October 13, 2022 Opinion or Order Filing 75 ORDER holding in abeyance #73 Motion to Certify Class. Defendant shall respond to this motion by October 26, 2022. Signed by Judge Raul M. Arias-Marxuach on 10/13/2022. (mrr)
October 11, 2022 Opinion or Order Filing 74 MOTION Leave to File Audio Recordings filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 10/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
October 11, 2022 Opinion or Order Filing 73 MOTION to Certify Class filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 10/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21, #13 Exhibit 22)(Mellado-Villarreal, Jairo)
September 12, 2022 Opinion or Order Filing 72 Minute Entry for proceedings held before US Magistrate Judge Marshal D. Morgan: Settlement Conference held on 9/12/2022. See attached document. If after further discovery, the parties understand that they would benefit from a further settlement conference, they may request such relief from the Presiding Judge. In the meantime, this matter is referred back to Chief Judge Raul Arias-Marxuach for the continuation of discovery and other related proceedings.(cml)
September 12, 2022 Opinion or Order Filing 71 ORDER: Noted #68 Motion submitting Ex Parte Plaintiff's Settlement Memorandum filed by Nathan Rowan. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 9, 2022 Opinion or Order Filing 70 REPLY to Motion In Support of His Motion to Compel Complete Responses to First Set of Discovery filed by Brock Pierce Re: #61 Amended MOTION to Compel Complete Responses to First Set of Discovery filed by Brock Pierce filed by Brock Pierce. (Attachments: #1 Exhibit Chart Interrogatory Responses, #2 Exhibit Chart Request For Production Responses And Objections)(Shively, Ashley)
September 9, 2022 Opinion or Order Filing 69 ORDER re: 57 Settlement Conference. Hearing access credentials are available in the following URL link: #https://www.prd.uscourts.gov/video-teleconference-vtc-hearing-links. Signed by US Magistrate Judge Marshal D. Morgan on 9/9/2022. (mig)
September 8, 2022 Opinion or Order Filing 68 ***EX-PARTE***Ex Parte MOTION Submitting Plaintiff's Settlement Memorandum filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 9/22/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
September 8, 2022 Opinion or Order Filing 67 NOTICE of Appearance by Edgardo Cartagena-Santiago on behalf of Brock Pierce (Cartagena-Santiago, Edgardo)
September 7, 2022 Opinion or Order Filing 66 ORDER: Granted #65 Motion requesting Order. Parties shall file the Ex Parte Memorandums by 9/9/2022. Signed by US Magistrate Judge Marshal D. Morgan. (GDM)
September 6, 2022 Opinion or Order Filing 65 Joint MOTION requesting Order Allowing Parties to Submit Ex-parte Settlement Memorandums to Magistrate Judge Morgan's Chambers filed by All Parties. Responses due by 9/20/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan) Modified to add filer on 9/7/2022 (rim).
August 26, 2022 Opinion or Order Filing 64 ORDER: On or before September 9, 2022 , Defendant shall respond to CM/ECF #63 Plaintiffs Response in Opposition and their amended discovery production. If Defendant fails to do so, the Court shall rule on the pending Motion to Compel CM/ECF #61 with the record currently before it. Signed by Judge Raul M. Arias-Marxuach on 8/26/2022. (mrr)
August 22, 2022 Opinion or Order Filing 63 RESPONSE to Motion to Compel filed by Nathan Rowan Re: #61 Amended MOTION to Compel Complete Responses to First Set of Discovery filed by Brock Pierce filed by Nathan Rowan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mellado-Villarreal, Jairo)
July 7, 2022 Opinion or Order Filing 62 ORDER holding in abeyance #61 Amended Motion to Compel. Plaintiff shall respond to this motions by 8/22/2022. Signed by Judge Raul M. Arias-Marxuach on 7/7/2022. (mrr)
July 5, 2022 Opinion or Order Filing 61 Amended MOTION to Compel Complete Responses to First Set of Discovery filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 7/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Chart on Responses, #2 Exhibit Interrogatories, #3 Exhibit Requests for Production of Documents)(Llado-Rodriguez, Ivan)
July 5, 2022 Opinion or Order Filing 60 ***FILED IN ERROR - Lacking electronic signature (S/) pursuant to the 2014 CM/ECF Revised Manual, II.C.3.b.*** MOTION to Compel Complete Responses to First Set of Discovery filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 7/19/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Chart on Responses, #2 Exhibit Interrogatories, #3 Exhibit Requests for Production of Documents)(Llado-Rodriguez, Ivan) Modified as per counsel's request on 7/5/2022 (rim).
May 19, 2022 Opinion or Order Filing 59 ORDER noted and granted #58 Informative motion. Jury Trial set for October 2 - 6, 2023 at 9:00 AM in Courtroom 7 before Judge Raul M. Arias-Marxuach. Pretrial Conference set for September 5, 2023 at 9:30 AM in Courtroom 7 before Judge Raul M. Arias-Marxuach. Proposed pretrial order, voir dire, jury instructions and verdict forms due by August 21, 2023. Rule 26(a) (3) disclosures due by June 30, 2023. Signed by Judge Raul M. Arias-Marxuach on 5/19/2022. (mrr)
May 11, 2022 Opinion or Order Filing 58 Joint INFORMATIVE Motion regarding Trial Dates filed by Jairo A. Mellado-Villarreal on behalf of All Parties Responses due by 5/25/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo) Modified add filer on 5/20/2022 (rim).
April 27, 2022 Opinion or Order Filing 57 ORDER. Settlement Conference is hereby set for 9/12/2022 at 9:00 AM in VTC Bridge MDM before US Magistrate Judge Marshal D. Morgan. The Parties are ORDERED to come that day prepared to discuss the possibility of settlement. The respective principal(s) with settlement authority must be present for said conference, be available by phone, or provide preauthorization to their counsel for a settlement range. If they have not already done so, Plaintiff shall extend to defendant(s) a settlement demand at least five (5) days PRIOR to the settlement conference. In turn, defendant(s) shall discuss the demand with the principal(s) with settlement authority PRIOR to the Settlement Conference and shall be prepared to offer a response to the demand during the conference. Failure to do so may result in sanctions. IT IS SO ORDERED. Signed by US Magistrate Judge Marshal D. Morgan on 4/27/2022. (cml)
April 19, 2022 Opinion or Order Filing 56 MEMORANDUM OF THE CLERK: By Order of Judge Raul M. Arias-Marxuach (Docket No. 55), this case has been randomly referred to Magistrate Judge Marshal D. Morgan for Settlement Conference to be held during the month of September 2022. Signed by Clerk on 04/19/2022. (ft)
April 12, 2022 Opinion or Order Filing 55 Minute Entry for proceedings held before Judge Raul M. Arias-Marxuach: Initial Scheduling Conference held on 4/12/2022 via VTC. Present on behalf of the plaintiff were attorneys Avi Kaufman and Tessie Leal and on behalf of defendant were attorneys Ashley Shively and Ivan Llado. The parties have exchanged mandatory initial disclosures and initiated written discovery. By May 11, 2022, the parties shall file a joint motion with a joint estimate of total trial days and informing 3 sets of mutually agreed dates in which to hold the trial in the last half of 2023. The Court adopted the schedule in the Joint Report of the Parties' Rule 26(f) Planning Meeting, in majority, with the slightly longer dates proposed by the defendant as follows: By September 2, 2022, parties shall identify affirmative expert witnesses with CV; by September 30, 2022, parties shall identify rebuttal expert witnesses with CV; by October 11, 2022, plaintiff shall file Motion for Class Certification; by November 18, 2022, defendant shall file opposition to Motion for Class Certification; by December 2, 2022, plaintiff shall file reply in support of Class Certification; and by March 3, 2023, the Fact Discovery Cutoff will be due. Oral Argument/Motion Hearing for Class Certification is set for 12/15/2022 at 9:00 AM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. If an Evidentiary Hearing is required, then the parties shall move for the latter by December 5, 2022. The Court inquired as to prospects for settlement. The Court will refer the case to a Magistrate Judge for a settlement conference to be held during the month of September 2022. (Court Reporter Robin Dispenzieri.) (gyr)
April 12, 2022 Opinion or Order Filing 54 NOTICE of Appearance by Tessie Marie Leal-Garabis on behalf of Nathan Rowan (Leal-Garabis, Tessie)
March 18, 2022 Opinion or Order Filing 53 ORDER. Initial Scheduling Conference is RESET for 4/12/2022 at 11:30 AM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. Signed by Judge Raul M. Arias-Marxuach on 3/18/2022. (nat)
March 9, 2022 Opinion or Order Filing 52 Joint CASE MANAGEMENT MEMORANDUM by Nathan Rowan. (Attachments: #1 Exhibit 1) (Mellado-Villarreal, Jairo)
February 4, 2022 Opinion or Order Filing 51 ANSWER to #35 Amended Complaint filed by Ramon E. Dapena on behalf of Defendant Brock Pierce.(Dapena, Ramon)
January 31, 2022 Opinion or Order Filing 50 ORDER granting #48 Motion for extension of time. Initial Scheduling Conference RESET for 3/21/2022 09:45 AM in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. Signed by Judge Raul M. Arias-Marxuach on 1/31/2022. (mrr)
January 28, 2022 Opinion or Order Filing 49 ORDER: The Motion to Dismiss at Docket No. #29 is DENIED as MOOT in light of the Amended Complaint at Docket No. #35 which superseded the original complaint and the Memorandum and Order at Docket No. #46 denying Defendant's subsequent motion to dismiss at Docket No. #39 . See e.g., Marietti v. Santacana, 111 F. Supp. 3d 129, 135 (D.P.R. 2015) (finding that because plaintiff filed an amended complaint and defendants filed a motion to dismiss the amended complaint, the original complaint and motion to dismiss were moot). Signed by Judge Raul M. Arias-Marxuach on 1/28/2022. (mrr)
January 28, 2022 Opinion or Order Filing 48 MOTION for extension of time to Modify Scheduling Order filed by Hector J. Orejuela-Davila on behalf of Nathan Rowan Responses due by 2/11/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Orejuela-Davila, Hector)
January 26, 2022 Opinion or Order Filing 47 RULE 16 SCHEDULING ORDER: Joint Case Management Memorandum Filing due by March 9, 2022. Initial Scheduling Conference set for March 16, 2022 at 9:45 a.m. in VTC Bridge RAM before Judge Raul M. Arias-Marxuach. During this VTC, all participants will connect remotely. Signed by Judge Raul M. Arias-Marxuach on 1/26/2022. (mrr)
January 21, 2022 Opinion or Order Filing 46 MEMORANDUM AND ORDER: For the reasons set forth in this Memorandum and Order, Defendant's motion to dismiss at Docket No. #39 is hereby DENIED. Signed by Judge Raul M. Arias-Marxuach on 1/21/2022. (mrr)
September 17, 2021 Opinion or Order Filing 45 REPLY to Response to Motion to Dismiss filed by Brock Pierce Re: #39 MOTION to Dismiss/Lack of Jurisdiction as to Nathan Rowan MOTION to Dismiss for Failure to State a Claim MOTION for Hearing re #35 Amended Complaint filed by Nathan Rowan filed by Brock Pierce filed by Brock Pierce. (Llado-Rodriguez, Ivan)
September 17, 2021 Opinion or Order Filing 44 ORDER granting #43 Motion for Leave to File. Defendant shall file the reply on the record forthwith. Signed by Judge Raul M. Arias-Marxuach on 9/17/2021. (mrr)
September 16, 2021 Opinion or Order Filing 43 MOTION for Leave to File Document Reply Brief to #42 Plaintiff's Opposition to the Motion to Dismiss filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 9/30/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Reply Brief in Support of Motion to Dismiss)(Llado-Rodriguez, Ivan)
September 9, 2021 Opinion or Order Filing 42 RESPONSE in Opposition to Motion to Dismiss filed by All Plaintiffs Re: #39 MOTION to Dismiss/Lack of Jurisdiction as to Nathan Rowan MOTION to Dismiss for Failure to State a Claim MOTION for Hearing re #35 Amended Complaint filed by Nathan Rowan filed by Brock Pierce filed by All Plaintiffs. (Mellado-Villarreal, Jairo)
August 25, 2021 Opinion or Order Filing 41 ORDER granting #40 Motion for extension of time. Plaintiffs opposition to the motion to dismiss due by September 9, 2021. Signed by Judge Raul M. Arias-Marxuach on 8/25/2021. (nat)
August 23, 2021 Opinion or Order Filing 40 MOTION for extension of time until September 9, 2021 to file response to Defendant's Motion to Dismiss filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 9/7/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
August 10, 2021 Opinion or Order Filing 39 MOTION to Dismiss/Lack of Jurisdiction as to Nathan Rowan, MOTION to Dismiss for Failure to State a Claim , MOTION for Hearing re #35 Amended Complaint filed by Nathan Rowan filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 8/24/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Proposed Order granting Motion to Dismiss)(Related document(s) #35 ) (Llado-Rodriguez, Ivan)
July 29, 2021 Opinion or Order Filing 38 ORDER granting #37 Motion for Extension of Time to Answer. Defendant shall plead or otherwise defend by August 10, 2021. Signed by Judge Raul M. Arias-Marxuach on 7/29/2021. (mrr)
July 28, 2021 Opinion or Order Filing 37 MOTION for Extension of Time until August 10, 2021 to File Answer or Otherwise Respond to the Amended Complaint re: #35 Amended Complaint filed by Nathan Rowan filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 8/11/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #35 ) (Llado-Rodriguez, Ivan)
July 28, 2021 Opinion or Order NOTICE of Docket Text Modification by Deputy Clerk re: #36 MOTION for Extension of Time until August 10, 2021 to File Answer or Otherwise Respond to the Amended Complaint re: #35 Amended Complaint filed by Nathan Rowan. ***FILED IN ERROR - Counsel filed the PDF in "legal format". PDF shall be corrected to a 8.5 x 11 "letter format" and re-file.*** (rim)
July 27, 2021 Opinion or Order Filing 36 ***FILED IN ERROR - Counsel filed the PDF in "legal format". PDF shall be corrected to a 8.5 x 11 "letter format" and re-file.*** MOTION for Extension of Time until August 10, 2021 to File Answer or Otherwise Respond to the Amended Complaint re: #35 Amended Complaint filed by Nathan Rowan filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 8/10/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #35 ) (Llado-Rodriguez, Ivan) Modified on 7/28/2021 (rim).
July 12, 2021 Opinion or Order Filing 35 AMENDED COMPLAINT against Brock Pierce, filed by Nathan Rowan.(Mellado-Villarreal, Jairo)
July 6, 2021 Opinion or Order Filing 34 ORDER granting #33 Motion for extension of time. Plaintiff's opposition to the motion to dismiss is due by July 20, 2021. Signed by Judge Raul M. Arias-Marxuach on 7/6/2021. (mrr)
July 2, 2021 Opinion or Order Filing 33 MOTION for extension of time until July 20, 2021 to file a Response to Defendant's Motion to Dismiss filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 7/16/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
June 24, 2021 Opinion or Order Filing 32 ORDER granting #31 Motion to Appear PHV. Signed by Judge Raul M. Arias-Marxuach on 6/24/2021. (mrr)
June 22, 2021 Opinion or Order Filing 31 Motion to allow Ashley L. Shively to appear pro hac vice (Pro Hac fee $300 receipt number PRX100077409) filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 7/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Receipt)(Llado-Rodriguez, Ivan)
June 22, 2021 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Brock Pierce re #29 MOTION to Dismiss/Lack of Jurisdiction as to Nathan Rowan MOTION to Dismiss for Failure to State a Claim MOTION for Hearing (Llado-Rodriguez, Ivan)
June 21, 2021 Opinion or Order Filing 29 MOTION to Dismiss/Lack of Jurisdiction as to Nathan Rowan, MOTION to Dismiss for Failure to State a Claim , MOTION for Hearing filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 7/6/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Proposed Order granting Motion to Dismiss)(Llado-Rodriguez, Ivan)
May 24, 2021 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to Answer. Defendant shall plead or otherwise defend by 6/21/2021. Signed by Judge Raul M. Arias-Marxuach on 5/24/2021. (nat)
May 21, 2021 Opinion or Order Filing 27 MOTION for Extension of Time until June 21, 2021 to File Answer or Otherwise Respond to the Complaint filed by Ivan Llado-Rodriguez on behalf of Brock Pierce Responses due by 6/4/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Llado-Rodriguez, Ivan)
May 7, 2021 Opinion or Order Filing 26 ORDER noted #25 Motion submitting. Signed by Judge Raul M. Arias-Marxuach on 5/7/2021. (mrr)
May 6, 2021 Opinion or Order Filing 25 MOTION Submitting Proof of Service by Publication filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 5/20/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mellado-Villarreal, Jairo)
April 7, 2021 Opinion or Order Filing 24 Summons by Publication as to Brock Pierce. (Attachments: #1 Summons by Publication) (ad)
April 6, 2021 Opinion or Order Filing 23 ORDER re #22 Motion Submitting Modified Summons by Publication is GRANTED. Service by publication is authorized. The Clerk of the court shall issue the Amended Summons. The Court grants Plaintiff until May 6, 2021 to effect service. Signed by Judge Raul M. Arias-Marxuach on 4/6/2021. (mrr)
March 3, 2021 Opinion or Order Filing 22 MOTION Submitting Modified Summons by Publication Form filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 3/17/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Mellado-Villarreal, Jairo)
February 25, 2021 Opinion or Order Filing 21 Summons by Publication as to Brock Pierce. (Attachments: #1 Summons By Publication) (ad)
February 24, 2021 Opinion or Order Filing 20 NOTICE of Filing Exhibits Summons by Publication (Mellado-Villarreal, Jairo)
February 19, 2021 Opinion or Order Filing 19 ORDER granting in part #13 Motion for Service by Publication and for Extension of Time. Service by publication is authorized. The Court grants plaintiffs until April 19, 2021 to effect service. Signed by Judge Raul M. Arias-Marxuach on 2/19/2021. (mrr)
February 17, 2021 Opinion or Order Filing 18 ORDER noted #16 Motion Submitting Exhibits; granting #17 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 2/17/2021. (mrr)
February 16, 2021 Opinion or Order Filing 17 MOTION to Restrict Document Motion Submitting Exhibits filed by Jairo A. Mellado-Villarreal on behalf of All Plaintiffs Responses due by 3/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
February 16, 2021 Opinion or Order Filing 16 **CASE PARTICIPANTS** MOTION Submitting Exhibits filed by Jairo A. Mellado-Villarreal on behalf of All Plaintiffs Responses due by 3/3/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 2, #2 Exhibit 7)(Mellado-Villarreal, Jairo)
February 16, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion to Restrict. Signed by Judge Raul M. Arias-Marxuach on 2/16/2021. (mrr)
February 12, 2021 Opinion or Order Filing 14 MOTION to Restrict Document Motion for Service by Publication and/or for Extension of Time filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
February 12, 2021 Opinion or Order Filing 13 **CASE PARTICIPANTS** MOTION for Service by Publication as to All Plaintiffs, MOTION for extension of time until 05/20/21 to serve Defendants filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 2/26/2021. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Mellado-Villarreal, Jairo)
December 3, 2020 Opinion or Order Filing 12 ORDER granting #10 Motion to allow Avi R. Kaufman to appear pro hac vice. Signed by Judge Raul M. Arias-Marxuach on 12/3/2020. (mrr)
December 3, 2020 Opinion or Order Filing 11 Summons Issued as to Brock Pierce (Attachments: #1 Summons) (ad)
December 3, 2020 Opinion or Order Filing 10 Motion to allow Avi R. Kaufman to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7105430) filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Mellado-Villarreal, Jairo)
December 3, 2020 Opinion or Order Filing 9 NOTICE of Filing Exhibits Summons as to Brock Pierce filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/17/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons)(Mellado-Villarreal, Jairo) Modified on 12/3/2020 to edit event and title (mcm).
November 23, 2020 Opinion or Order Filing 8 NOTICE of Filing Exhibits Civil Cover Sheet (Attachments: #1 Exhibit) (Mellado-Villarreal, Jairo)
November 23, 2020 Opinion or Order Filing 7 ORDER noted #3 Motion Submitting Exhibits. Granting #5 Motion to Appear PHV. Signed by Judge Raul M. Arias-Marxuach on 11/23/2020. (mrr)
November 18, 2020 Opinion or Order Filing 6 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Raul M. Arias-Marxuach (arg)
November 17, 2020 Opinion or Order Filing 5 Motion to allow Stefan Coleman to appear pro hac vice (Pro Hac fee $300 receipt number 0104-7090031) filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/1/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit)(Mellado-Villarreal, Jairo)
November 17, 2020 Opinion or Order Filing 4 NOTICE of Appearance by Hector J. Orejuela-Davila on behalf of Nathan Rowan (Orejuela-Davila, Hector)
November 17, 2020 Opinion or Order Filing 3 MOTION Submitting Exhibits re: #2 Notice of Defective Filing filed by Jairo A. Mellado-Villarreal on behalf of Nathan Rowan Responses due by 12/1/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Category Sheet)(Related document(s) #2 ) (Mellado-Villarreal, Jairo)
November 17, 2020 Opinion or Order Filing 2 CLERK'S NOTICE OF DEFECTIVE FILING.Civil Cover Sheet (JS44), and Category sheet not included electronically pursuant to L.Civ.R. 3(a). Notice of Compliance Deadline due by 11/18/2020. (arg)
November 16, 2020 Opinion or Order Filing 1 COMPLAINT against Brock Pierce ( Filing fee $400 receipt number 0104-7088322.), filed by Nathan Rowan. Service due by 2/16/2021,(Mellado-Villarreal, Jairo)

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Search for this case: Rowan v. Pierce
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Plaintiff: Nathan Rowan
Represented By: Jairo A. Mellado-Villarreal
Represented By: Tessie Marie Leal-Garabis
Represented By: Avi R. Kaufman
Represented By: Hector J. Orejuela-Davila
Represented By: Stefan Coleman
Represented By: John W. Barrett
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Defendant: Brock Pierce
Represented By: Edgardo Cartagena-Santiago
Represented By: Ivan Llado-Rodriguez
Represented By: Ramon E. Dapena
Represented By: Ashley L. Shively
Represented By: Kayla Pragid
Represented By: Lisa Kohring
Represented By: Paul J. Bond
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