Foust v. Comcast Cable Communications, LLC
| Clarence Foust |
| Comast Cable Communications, LLC, Comcast Cable Communications, LLC, Complete Recovery Corporation and Comcast Corporation |
| 3:2019cv00173 |
| May 13, 2019 |
| US District Court for the Eastern District of Tennessee |
| Harry S Mattice |
| Debra C Poplin |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 61 NOTICE by Comcast Corporation Notice of Withdrawal of Counsel (Gillis, Donald) |
Filing 60
ORDER accepting and adopting #58 Report and Recommendations ; granting #31 Motion to Stay. Plaintiff's Objections to Report and Recommendations is OVERRULED. Parties shall have 45 days to engage in limited discovery on whether a valid arbitration agreement exists. Signed by District Judge Harry S Mattice, Jr on 2/13/2020. (AML)
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| Filing 59 OBJECTION to #58 Report and Recommendations, filed by Clarence Foust. (Miller, Ben) |
| Filing 58 REPORT AND RECOMMENDATIONS: The Court RECOMMENDS that Defendants Motion #31 requesting limited discovery relating to whether the parties agreed to arbitratebe GRANTED. Signed by Magistrate Judge Debra C Poplin on 1/28/20. (ABF) |
| Filing 57 Minute Entry for proceedings held before Magistrate Judge Debra C Poplin: Telephone Conference held on 12/20/2019. The Court held a status conference regarding the Motion to Compel Discovery and to inquire whether the parties wish to participate in limited discovery. Argument heard by counsel. The Court will consult with the District Judge's chambers, and will take this matter under advisement. Order to follow. (RLK) |
| NOTICE of Hearing: Status Conference set for 12/20/2019 at 1:30 PM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. The parties will need to initiate the call and call into chambers at 865-545-4260.(RLK) |
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Filing 56
ORDER finding as moot #36 Motion to Compel; finding as moot #13 Motion to Dismiss for Lack of Jurisdiction; finding as moot #28 Motion to Compel. Signed by District Judge Harry S Mattice, Jr on November 18, 2019. (SAC)
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| Filing 55 NOTICE by Comcast Cable Communications, LLC, Comcast Corporation Notice of Leave of Absence (Gillis, Donald) |
| Filing 54 MEMORANDUM in Support of Motion re #53 MOTION to Compel Arbitration and to Stay Discovery Pending Decision Thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members filed by Comcast Cable Communications, LLC, Comcast Corporation. (Attachments: #1 Declaration of Nicole Patel, #2 Exhibit A - Comcast Customer Privacy Notice, #3 Exhibit B - Plaintiff's First Set of Interrogatories)(Wieber, Sean) |
| Filing 53 MOTION to Compel Arbitration and to Stay Discovery Pending Decision Thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members by Comcast Cable Communications, LLC, Comcast Corporation. (Wieber, Sean) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to Answer. the Motion to Extend, [Doc. 51], is hereby GRANTED. Defendant Complete Recovery Corporation shall respond to Plaintiffs Second Amended Complaint no more than fourteen (14) days after the Court resolves the pending motion to compel arbitration. Signed by District Judge Harry S Mattice, Jr on 10/11/2019. (BDG)
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| Filing 51 MOTION for Extension of Time to File Answer re #50 Amended Complaint by Clarence Foust. (Miller, Ben) |
| Filing 50 AMENDED COMPLAINT (SECOND) against All Defendants., filed by Clarence Foust. (Attachments: #1 Exhibit A - Declaration of Claudia Salcedo, #2 Exhibit B - Declaration of Aaron Meier)(Miller, Ben) |
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Filing 49
ORDER granting #47 Motion to Amend. Plaintiff SHALL FILE his Amended Complaint [Doc. 47-1] as his operative pleading in CM/ECF on or before October 10, 2019. Signed by Magistrate Judge Debra C Poplin on 10/4/19. (ABF)
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Filing 48
ORDER granting #46 Motion for Extension of Time to Answer. Signed by District Judge Harry S Mattice, Jr on September 12, 2019. (SAC)
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| Filing 47 First MOTION to Amend/Revise #18 Amended Complaint by Clarence Foust. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Miller, Ben) |
| Filing 46 First MOTION for Extension of Time to File Answer re #18 Amended Complaint by Clarence Foust. (Miller, Ben) |
| Filing 45 REPLY to Response to Motion re #28 MOTION to Compel Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims filed by Comcast Corporation. (Attachments: #1 Exhibit A - 8.28.19 Email, #2 Exhibit B - 8.16.19 Email, #3 Exhibit C - 9.9.19 Email)(Wieber, Sean) |
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Filing 44
ORDER REFERRING MOTION: #31 MOTION to Stay Briefing Pending Discovery filed by Comcast Corporation. Briefing as to arbitrability is hereby STAYED pending resolution of the Motion for Discovery. Signed by District Judge Harry S Mattice, Jr on 9/6/2019. (AML)
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| Filing 43 REPLY to Response to Motion re #31 MOTION to Stay Briefing Pending Discovery filed by Comcast Corporation. (Wieber, Sean) |
| Filing 42 NOTICE of Appearance by Donald Austin Gillis on behalf of Comcast Cable Communications, LLC (Gillis, Donald) |
| Filing 41 NOTICE of Appearance by William R Johnson on behalf of Comcast Cable Communications, LLC (Johnson, William) |
| Filing 40 RESPONSE in Opposition re #28 MOTION to Compel Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims filed by Clarence Foust. (Attachments: #1 Exhibit A - Emails Between Counsel, #2 Exhibit B - Email from CM/ECF System)(Miller, Ben) |
| Filing 39 RESPONSE in Opposition re #31 MOTION to Stay Briefing Pending Discovery filed by Clarence Foust. (Miller, Ben) |
| Filing 38 Certificate of Corporate Interest by Comcast Cable Communications, LLC. (Wieber, Sean) |
| Filing 37 MEMORANDUM in Support of Motion re #36 MOTION to Compel Arbitration and to Stay Discovery Pending Decision Thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims filed by Comcast Cable Communications, LLC. (Attachments: #1 Declaration of Nicole Patel, #2 Exhibit A, #3 Exhibit B)(Wieber, Sean) |
| Filing 36 MOTION to Compel Arbitration and to Stay Discovery Pending Decision Thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims by Comcast Cable Communications, LLC. (Wieber, Sean) |
| Filing 35 NOTICE of Appearance by Kevin P Simpson on behalf of Comcast Cable Communications, LLC (Simpson, Kevin) |
| Filing 34 NOTICE of Appearance by Sean G Wieber on behalf of Comcast Cable Communications, LLC (Wieber, Sean) |
| Filing 33 SUMMONS Returned Executed by Clarence Foust. Complete Recovery Corporation served on 8/23/2019. (Miller, Ben) |
| Filing 32 SUMMONS Returned Executed by Clarence Foust. Comcast Cable Communications, LLC served on 8/12/2019. (Miller, Ben) |
| Filing 31 MOTION to Stay Briefing Pending Discovery by Comcast Corporation. (Wieber, Sean) |
| Filing 30 RESPONSE in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction -Defendant's Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members filed by Clarence Foust. (Attachments: #1 Exhibit A - Declaration of Clarence Foust, #2 Exhibit Ex B - 7.31.19 Letter, #3 Exhibit Ex C - 8.1.19 Email, #4 Exhibit Ex D - 8.12.19 Letter)(Miller, Ben) |
| Filing 29 MEMORANDUM in Support of Motion re #28 MOTION to Compel Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims filed by Comcast Corporation. (Attachments: #1 Declaration of Nicole Patel, #2 Exhibit A-Comcast Customer Privacy Notice, #3 Exhibit B-Plaintiff's First Set of Interrogatores)(Wieber, Sean) |
| Filing 28 MOTION to Compel Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the alternative to Dismiss Non-Tennessee Putative Class Members and Vicarious Liability Claims by Comcast Corporation. (Wieber, Sean) |
| Filing 27 Alias Summons Issued as to Comcast Cable Communications, LLC, Complete Recovery Corporation. (Attachments: #1 Summons Comcast Cable Communications)(ABF) |
| Filing 26 SUPPLEMENT to #18 Amended Complaint Complete Recovery Corp Summons by Clarence Foust. (Miller, Ben) |
| Filing 25 SUPPLEMENT to #18 Amended Complaint Comcast Cable Comm Summons by Clarence Foust. (Miller, Ben) |
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Filing 24
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge Debra C. Poplin on 8/12/2019. (This entry constitutes the complete Order of the Court). (AGA) Modified on 8/13/2019 to indicate c/m to Kevin P Simpson, Winston & Strawn, LLP (IL), 35 West Wacker Drive, Chicago, IL 60601-9703 (ABF).
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| Filing 23 REPORT of Rule 26(f) Planning Meeting. (Miller, Ben) |
| Clerk's Verification of PHV Requirements is complete regarding document: #22 MOTION for Leave to Appear Pro Hac Vice for Kevin P. Simpson ( Filing fee $ 90 receipt number 0649-4044573.) filed by Comcast Corporation (ABF) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for Kevin P. Simpson ( Filing fee $ 90 receipt number 0649-4044573.) by Comcast Corporation. (Gillis, Donald) |
| Filing 21 NOTICE by Comcast Corporation Notice of Leave of Absence - Donald Austin Gillis (Gillis, Donald) |
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Filing 20
ORDER granting in part and denying in part #17 Motion for Extension of Time to File Response/Reply re #13 MOTION to Dismiss for Lack of Jurisdiction: Responses due by 8/21/2019. Signed by District Judge Harry S Mattice, Jr on 8/6/2019. (AML)
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| Filing 19 RESPONSE in Opposition re #17 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction -Defendant's Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the Alternative filed by Comcast Corporation. (Wieber, Sean) |
| Filing 18 AMENDED COMPLAINT (FIRST) against All Defendants., filed by Clarence Foust.(Miller, Ben) |
| Filing 17 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction -Defendant's Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members by Clarence Foust. (Miller, Ben) |
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Filing 16
ORDER granting #15 Motion to extend Rule 26. Signed by District Judge Harry S Mattice, Jr on 7/19/2019. (SAC)
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| Filing 15 MOTION to Extend Deadline to Confer and Report Under Rule 26 (AGREED) by Comcast Cable Communications, LLC. (Wieber, Sean) |
| Filing 14 MEMORANDUM in Support of Motion re #13 MOTION to Dismiss for Lack of Jurisdiction -Defendant's Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members filed by Comcast Cable Communications, LLC. (Attachments: #1 Declaration of Nicole Patel, #2 Exhibit A - Comcast Customer Privacy Notice, #3 Exhibit B - Plaintiff's First Set of Interrogatories)(Wieber, Sean) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction -Defendant's Combined Motion to Compel Arbitration and to Stay Discovery pending Decision thereon, and Motion in the Alternative to Dismiss Non-Tennessee Putative Class Members by Comcast Cable Communications, LLC. (Wieber, Sean) |
| Filing 12 NOTICE by Comcast Cable Communications, LLC Leave of Absence (Johnson, William) |
| Filing 11 SUBPOENA Returned Executed as to Tracfone Wireless on 05132019 (Miller, Ben) |
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Filing 10
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. You MUST register as a CM/ECF user here: #http://www.tned.uscourts.gov/content/attorney-ecf-registration-form. Signed by Magistrate Judge Debra C. Poplin on 5/23/2019. (This entry constitutes the complete Order of the Court). (AGA) Modified on 5/24/2019 to indicate c/m to Sean G Wieber (ABF).
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| Clerk's Verification of PHV Requirements is complete regarding document: #9 MOTION for Leave to Appear Pro Hac Vice of Sean G. Wieber ( Filing fee $ 90 receipt number 0649-3979722.) filed by Comcast Cable Communications, LLC (ABF) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice of Sean G. Wieber ( Filing fee $ 90 receipt number 0649-3979722.) by Comcast Cable Communications, LLC. (Attachments: #1 Other Certificate of Good Standing)(Gillis, Donald) |
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Filing 8
ORDER granting in part #6 Motion to Stay. Defendant shall file its response to the Complaint no later than July 15, 2019. Signed by District Judge Harry S Mattice, Jr on 5/15/2019. (AML)
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| Attorney Gillis to disregard Notice #2 , Court ECF database updated as to Attorney Gillis admitted to EDTN in 2018. (SAC) |
| Filing 7 Certificate of Corporate Interest by Comcast Cable Communications, LLC. (Gillis, Donald) |
| Filing 6 First MOTION to Stay Initial Case Deadlines by Comcast Cable Communications, LLC. (Attachments: #1 Other Proposed Order)(Pierce, Charles) |
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Filing 5
Order Governing Sealing Confidential Information.Signed by District Judge Harry S Mattice, Jr on 5/13/2019. (SAC)
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Filing 4
Order Governing Motions To Dismiss.Signed by District Judge Harry S Mattice, Jr on 5/13/2019. (SAC)
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Filing 3
Order Governing Depositions.Signed by District Judge Harry S Mattice, Jr on 5/13/2019. (SAC)Order mailed to Wieber.
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| Filing 2 NOTICE of Deficiency (Pro Hac). (SAC)Notice mailed to Wieber. Modified on 5/15/2019, disregard Notice for Gillis. Attorney ECF database updated as to Gillis being admitted to EDTN in 2018. (SAC). |
| Filing 1 NOTICE OF REMOVAL from Knox County Circuit Court, case number 310319. (Filing fee $ 400 receipt number 0649-3970643), filed by Comcast Cable Communications, LLC. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Summons, Complaint, Initial Discovery, #3 Exhibit Notice of Filing of Petition for Removal)(Pierce, Charles) |
| District Judge Harry S Mattice, Jr and Magistrate Judge Debra C Poplin added. (SAC) |
| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Comcast Cable Communications, LLC. (SAC) |
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