Moates et al v. Facebook, Inc. et al
| Michael Moates, DC Chronicle and DC Chronicle Limited |
| Facebook, Inc. and AT&T Inc. |
| 4:2021cv00694 |
| September 7, 2021 |
| US District Court for the Eastern District of Texas |
| Kimberly C Priest Johnson |
| Amos L Mazzant |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| ACKNOWLEDGMENT OF RECEIPT. Case transferred from Texas Eastern has been opened in California Northern District as case 3:22-cv-04478, filed 08/02/2022. (mcg) |
| Interdistrict transfer to the Northern District of California. (mcg) |
Filing 29
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE #27 . Plaintiff's Motion to Transfer Venue and Consolidate and in the Alternative Motion for Hearing on the Matter (Dkt. #15 ) is DENIED, and Facebook's Motion to Transfer Pursuant to 28 U.S.C. 1404(a) (Dkt. #20 ) is GRANTED. IT IS THEREFORE ORDERED that this action be TRANSFERRED to the Northern District of California. Signed by District Judge Amos L. Mazzant, III on 7/12/2022. (mcg)
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| Note: The case will be transferred to United States District Court for the Northern District of California 20 days from the date the Order of Transfer was entered on the docket, per Local Rule CV-83(b). (mcg) |
| Filing 28 ACKNOWLEDGMENT OF RECEIPT by Michael Moates as to #27 Report and Recommendation. (mcg) |
| Filing 27 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court recommends Facebook's Motion to Change Venue Pursuant to 28 U.S.C. 1404(a) (Dkt. #20 ) be GRANTED and Plaintiff's Motion to Transfer Venue and Consolidate and in the Alternative Motion for Hearing on Matter (Dkt. #15 ) be DENIED. The Court recommends this action be transferred to the Northern District of California. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/13/2022. (mcg, ) |
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Filing 26
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiffs DC Chronicle and DC Chronicle Limited's claims in this action are DISMISSED WITHOUT PREJUDICE. Each party shall bear its own costs. It is further ORDERED, ADJUDGED, AND DECREED that Plaintiff Michael Moates's claims against Defendant AT&T Inc. are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 3/8/2022. (mcg)
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| Filing 25 ACKNOWLEDGMENT OF RECEIPT by Michael Moates as to #24 Report and Recommendation. (mcg) |
| Filing 24 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #18 MOTION for Leave to File filed by Michael Moates. The Court recommends the Motion (Dkt. #18 ) be GRANTED, that all claims asserted by Plaintiffs DC Chronicle and DC Chronicle Limited be DISMISSED WITHOUT PREJUDICE, and that all asserted by Plaintiff Michael Moates against Defendant AT&T be DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/20/2021. (baf, ) |
| Filing 23 Mail Returned as Undeliverable. Mail Returned as Undeliverable. Order #17 sent to Michael Moates returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (mcg) |
| Filing 22 REPLY to Response to Motion re #20 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Facebook, Inc.. (Jacobsen, Allison) |
| Filing 21 RESPONSE in Opposition re #18 MOTION for Leave to File filed by Facebook, Inc.. (Jacobsen, Allison) |
| Filing 20 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) by Facebook, Inc.. (Attachments: #1 Declaration of Jenny Pricer, #2 Exhibit A - Statement of Rights and Responsibilities 2013-11-15, #3 Exhibit B - Statement of Rights and Responsibilities 2015-01-30, #4 Exhibit C - Facebook's Terms of Service, #5 Exhibit D - Self-Service Ads Terms, #6 Text of Proposed Order)(Jacobsen, Allison) |
| Filing 19 RESPONSE to Motion re #15 MOTION to Transfer Venue and Consolidate filed by Facebook, Inc.. (Jacobsen, Allison) |
| Filing 18 MOTION for Leave to File Amended Complaint by Michael Moates. (mem) |
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Filing 17
ORDER granting #16 Agreed Motion for Entry of Stipulation Regarding Deadlines Related to Motions to Transfer. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/19/2021. (mcg)
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| Filing 16 Agreed MOTION for Entry of Stipulation Regarding Deadlines Related to Motions to Transfer re #15 MOTION by Facebook, Inc.. (Attachments: #1 Text of Proposed Order)(Jacobsen, Allison) |
| Filing 15 MOTION to Transfer Venue and Consolidate and in the Alternative Motion for Hearing on Matter by Michael Moates. (rpc, ) |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Christopher C Kearney on behalf of Facebook, Inc.. Filing fee $ 100, receipt number 0540-8593375. (Kearney, Christopher) |
| Filing 13 NOTICE of Attorney Appearance - Pro Hac Vice by W. Hamilton Jordan on behalf of Facebook, Inc.. Filing fee $ 100, receipt number 0540-8592668. (Jordan, W.) |
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Filing 12
ORDER granting #11 Motion for Entry of Stipulation Regarding Deadlines Related to Removal and Remand. IT IS HEREBY ORDERED that Plaintiffs shall have until October 7, 2021, to file a motion to remand. If such motion is timely filed, Defendant Facebook, Inc., shall file a response, if any, no later than October 28, 2021, and Plaintiffs shall file a reply, if any, no later than November 11, 2021. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/21/2021. (mcg)
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| Filing 11 MOTION for Entry of Stipulation Regarding Deadlines Related to Removal and Remand by Facebook, Inc.. (Attachments: #1 Text of Proposed Order)(Jacobsen, Allison) |
| NOTICE of Deficiency regarding #10 Motion for Entry of Stipulation Regarding Deadlines Related to Removal and Remand: NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY (mcg) |
| Filing 10 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE*** MOTION for Entry of Stipulation Regarding Deadlines Related to Removal and Remand by Facebook, Inc.. (Attachments: #1 Exhibit A)(Jacobsen, Allison) Modified on 9/15/2021 (mcg, ). |
| Filing 9 ***ORIGINALLY FILED IN STATE COURT*** ANSWER to #8 Petition, by AT&T Inc.(mcg) |
| Filing 8 ***ORIGINALLY FILED IN STATE COURT*** AMENDED PETITION against AT&T Inc., Facebook, Inc., filed by Michael Moates, DC Chronicle Limited, DC Chronicle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit I, #9 Exhibit J, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit P, #14 Exhibit Q, #15 Exhibit R, #16 Exhibit S, #17 Exhibit T, #18 Exhibit V)(mcg) |
| Filing 7 Case Assigned to District Judge Amos L. Mazzant, III and referred to Magistrate Judge Kimberly C Priest Johnson. (Attachments: #1 Magistrate Referral) (mcg) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. **Consent Form mailed to Plaintiffs** (mcg) |
| Notified Attorney, Amber W. Booker, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT - ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (mcg) |
| Filing 6 NOTICE by Facebook, Inc. re #3 Notice (Other), #1 Notice of Removal, #2 Corporate Disclosure Statement, #5 Notice (Other), #4 Notice (Other) Notice of Certificate of Service (Jacobsen, Allison) |
| Filing 5 NOTICE by Facebook, Inc. re #1 Notice of Removal, Notice of Filing of Corrected Civil Cover Sheet (Jacobsen, Allison) |
| Filing 4 NOTICE by Facebook, Inc. re #1 Notice of Removal, Declaration of W. Hamilton Jordan in Support of Notice of Removal (Jacobsen, Allison) |
| Filing 3 NOTICE by Facebook, Inc. re #1 Notice of Removal, Declaration of Jenny Pricer in Support of Notice of Removal (Jacobsen, Allison) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Facebook, Inc. (Jacobsen, Allison) |
| Filing 1 NOTICE OF REMOVAL by Facebook, Inc. from 431st District Court of Denton County, Texas, case number 21-6407-431. (Filing fee $ 402 receipt number 0540-8570088), filed by Facebook, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplement)(Jacobsen, Allison) (Additional attachment(s) added on 9/8/2021: #3 Exhibit 1 - Docket Sheet, #4 Exhibit 2 - Original Petition Jury Trial Demanded, #5 Exhibit 3 - Statement of Inability to Afford Payment, #6 Exhibit 4 - Request for Issuance, #7 Exhibit 5 - Citation by Certified Mail, #8 Exhibit 6 - Citation by Certified Mail, #9 Exhibit 7 - Delivery Confirmation USPS, #10 Exhibit 8 - Delivery Confirmation USPS, #11 Exhibit 9 - Amended Petition Jury Trial Demanded, #12 Exhibit 10 - Exhibits to Amended Petition, #13 Exhibit 11 - AT&T Inc's Verified Denial and Original Answer, #14 Exhibit 12 - Notice to State Court, #15 Exhibit 13 - Certificate of Service for Electronic Filing, #16 Exhibit 14 - Case Information Sheet) (mcg, ). |
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