America Online, Inc. v. Mortgage Spam John, et al
| America Online, Inc. |
| Mortgage Spam John Does 1-20, Ambro Enterprises Inc., American Refinance Group, Andrew Allen Amend, Jeremy Brown, Joshua Lee Ellis, Stephen R. Goudreault, Ernesto Gabriel Haberli, Erik Redding Johnson, Nancy Phyliss Korchick, Leadplex, LLC, Opt-In America Corporation, Payperaction, LLC, Ryan S. Pitylak, Timothy R. Saunders, Larry Schulman, Brian Joseph Tillman, Trendy Solutions Inc., Mark Trotter, Daniel Frederick Walls and Maria Faith Walls |
| 1:2004cv01498 |
| December 17, 2004 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Gerald Bruce Lee |
| Barry R Poretz |
| Other Statutory Actions |
| 15 U.S.C. § 7701 Federal CAN-Spam Act |
| None |
Docket Report
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This docket was last retrieved on June 5, 2006. A more recent docket listing may be available from PACER.
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Filing 164
ORDER that the 163 MOTION by America Online, Inc. to Dismiss Defts' American Refinanace Group, Leadplex, LLC, and Payperaction, LLC without prejudice is GRANTED. Signed by Judge Gerald Bruce Lee on 06/05/06. Copies sent: yes. (stas)
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| Filing 163 MOTION to Dismiss Defts' American Refinanace Group, Leadplex, LLC, and Payperaction, LLC without prejudice by America Online, Inc. (pmil) |
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Filing 162
ORDER of USCA as to 159 Notice of Appeal filed by Jeremy Brown, The court dismisses this appeal for failure to prosecute pursuant to local rule 45. The clerk of the court will issue a certified copy of this order to the clerk of the district court as and for the mandate. (mandate issued) (nmck, )
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| ORAL ORDER that request for issuance of AO 451 form is granted and the Clerk's Office is directed to so issue - per. Judge Gerald Bruce Lee on 3/1/06. (jsol, ) |
| USCA Case Number 06-1136, case manager Michael Radday for 159 Notice of Appeal filed by Jeremy Brown,. (nmck, ) |
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Filing 161
ORDER granting 154 Motion for Attorney Fees against defts Jeremy Brown and Larry Schulman, defts Brown and Shulman are ordered to pay $264,656.50 in attorneys' fees to America Online, Inc.. Signed by Judge Gerald Bruce Lee on 1/27/06. Copies mailed. (nmck, )
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Filing 160
STIPULATED FINAL JUDGMENT and Order for Permanent Injuncition it is ORDERED that Defendant is liable to AOL for damages in the total amount of $1,000,000; It is further ORDERED that Deft., his officers, agents, servants, employees, and attys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, are permanently enjoined from directly or indirectly creating, registering, or maintaining any email account, IP address, website or internet domain by providing any false or misleading information to any provider of such services or to any domain-name or IP address registering authority, and using such account, address, website or internet domain in connection with the transmission of commercial electronic communications; (See final judgment for details). Signed by Judge Gerald Bruce Lee on 01/26/06. Copies sent: yes.(stas)
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| Filing 159 NOTICE OF APPEAL as to 152 Order on Motion for Summary Judgment, dated 12/21/05 by Jeremy Brown. Appeal fee not paid. Copy sent to USCA. Copies sent to parties. (nmck, ) |
| Per GBL chambers motions set for 1/20/06 on papers (clar, ) |
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Filing 158
ORDER that this action is stayed as to that defendant pending the resolution of the said bankruptcy proceeding and that until this action is reactivated, it shall be stricken from the active docket and no longer considered a pending case as against that defendant. Signed by Judge Gerald Bruce Lee on 01/17/06. Copies sent: yes.(stas)
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| Filing 157 Re-NOTICE of Hearing on Motion 154 MOTION for Attorney Fees against defts Jeremy Brown and Larry Schulman: Motion Hearing set for 1/20/2006 10:00 AM before District Judge Gerald Bruce Lee (clar, ) |
| Minute Entry for proceedings held before Judge Gerald Bruce Lee : Status Conference held on 1/6/2006. Appearances: Pltf couonsel. Final Order re: Mr Pittylak should be in by 1/13/06. Stay re: Trotter Bkcy not yet entered. Motions for entry of default filed as to several companies but not yet procesed by the Clerk's Office. Re-set for 1/13/06. (Court Reporter Wilson.) (jsol, ) |
| Set/Reset Hearings: Status Conference set for 1/13/2006 10:00 AM before District Judge Gerald Bruce Lee. (jsol, ) Modified on 1/6/2006 (jsol, ). (on papers - no docket for Judge Lee) |
| Filing 156 NOTICE of Hearing on Motion 154 MOTION for Attorney Fees against defts Jeremy Brown and Larry Schulman: Motion Hearing set for 1/13/2006 10:00 AM before District Judge Gerald Bruce Lee (clar, ) |
| Filing 155 Memorandum in Support of 154 MOTION for Attorney Fees against defts Jeremy Brown and Larry Schulman filed by America Online, Inc. (clar, ) |
| Filing 154 MOTION for Attorney Fees against defts Jeremy Brown and Larry Schulman by America Online, Inc. (clar, ) |
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Filing 152
ORDER granting 129 MOTION by America Online, Inc. for Summary Judgment against Defendants Jeremy Brown and Larry Schulman; It is further ORDERED that Defts Brown and Schulman are liable to AOL under the VA Computer Crimes Act for mailing to AOL on at least 178 unique days between 01/01/04 and 11/02/05 for $25,000 for each day, for an amount of $4,450,000; It is further ORDERED that AOL's Counts V, VII and VIII are dismissed with prejudice; It is further ORDERED that AOL's Count IX is dismissed without prejudice; It is further ORDERED that AOL is to file a motion for attorneys' fees within 11 days of entry of this order; and It is further ORDERED that Defts Jeremy Brown and Larry Schulman, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, are permanently enjoined (See order for details). Signed by Judge Gerald Bruce Lee on 12/21/05. Copies sent: yes. (stas)
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Filing 153
ORDER for reasons stated in open court on 12/2/05 139 Motion to Continue trial date is granted and matter is cont to 12/16/05 @ 10 AM at which time counsel has represented final judgment as to all outstanding defts will be requested. . Signed by Judge Gerald Bruce Lee on 12/20/05. (jsol, )
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| Filing 151 Clerk's ENTRY OF DEFAULT as to Leadplex, LLC, Payperaction, LLC, American Refinance Group (stas) |
| Minute Entry for proceedings held before Judge Gerald Bruce Lee : Appearances: Counsel for pltf.Status Conference held on 12/16/2005. Case in las states of defaults/settlements. Orders to be filed soon and set for further status on 1/6/06 @ 10 AM. Order to follow. (Court Reporter R. Hopchas of Glover.) (jsol, ) |
| Set/Reset Hearings: Status Conference set for 1/6/2006 10:00 AM before Honorable District Gerald Bruce Lee. (jsol, ) |
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Filing 148
SCHEDULING ORDER: Initial Pretrial Conference set for 1/18/2006 at 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. Discovery due by 4/14/2006. Final Pretrial Conference set for 4/19/2006 at 10:00 AM before Honorable District Judge Gerald Bruce Lee. Signed by Judge Gerald Bruce Lee on 12/15/05. Copies sent: yes. (stas)
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| Filing 150 AFFIDAVIT of Jon L. Praed by America Online, Inc. in Support of 149 Request for Entry of Default by America Online, Inc. as to Defendants American Refinance Group, Leadplex, LLC and Payperaction, LLC. (stas) |
| Filing 149 Request for Entry of Default by America Online, Inc. as to Defendants American Refinance Group, Leadplex, LLC and Payperaction, LLC. (stas) |
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Filing 147
STIPULATED AND FINAL JUDGMENT and Order for Permanent Injunction that Defendant (Ernesto Haberli), his employees, officers, agents, servants and all those in active concert or participation with Defendant who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in the following activities: (see order for details) AOL's failure to enforce this Injunction in every instance in which it might have application does not amount to waiver of AOL's rights. (See order for details). Signed by Judge Gerald Bruce Lee on 12/08/05. Copies sent: yes.(stas)
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Filing 146
STIPULATED FINAL JUDGMENT and ORDER for PERMANENT INJUNCTION that Nancy Korchick, her employees, officers, agents, servants and all those in active concert or participation with her who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in any of the following activities: (see order for details) AOL's failure to enforce this Injunction in every instance in which it might have application does not amount to waiver of AOL's rights. (See order for details). Signed by Judge Gerald Bruce Lee on 12/08/05. Copies sent: yes.(stas)
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Filing 145
STIPULATED FINAL JUDGMENT and ORDER for PERMANENT INJUNCTION that Defendant (Stephen R. Goudreault), his employees, officers, agents, servants, and attorneys and all those in active concert or participation with Defendant who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in any of the following activities (see stipulated judgment for details). Signed by Judge Gerald Bruce Lee on 12/05/05. Copies sent: yes.(stas)
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Filing 144
STIPULATED FINAL JUDGMENT and ORDER for PERMANENT INJUNCTION that Defendants (Andrew Amend and Ambro Enterprises, Inc.) are jointly and severally liable to AOL for damages in the total amount of $100,000; It is further ORDERED that Defendants, their employees, officers, agents, servants, and all those in active concert or participation with Defendant who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in any of the following activities (see stipulated judgment for details). Signed by Judge Gerald Bruce Lee on 12/05/05. Copies sent: yes.(stas)
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Filing 143
STIPULATED FINAL JUDGMENT and ORDER for PERMANENT INJUNCTION that Defendant (Brian Tillman), his employees, officers, agents, servants, and attorneys and all those in active concert or participation with Defendant who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in any of the following activities (see stipulated judgment for details) . Signed by Judge Gerald Bruce Lee on 12/05/05. Copies sent: yes.(stas)
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Filing 142
STIPULATED FINAL JUDGMENT and ORDER FOR PERMANENT INJUNCTION that Erik Redding Johnson and Opt-In America Corporation are jointly and severally liable to AOL for damages in the total amount of $50,000; It is further ORDERED that Erik Redding Johnson, his employees, officers, agents, servants, and attorneys and all those in active concert or participation with him who receive actual notice of the order, are hereby permanently enjoined from directly or indirectly engaging in any of the following activities: (see stipulated judgment for details). It is further ordered that this lawsuit is dismissed with prejudice as to Defendant Joshua Lee Ellis. . Signed by Judge Gerald Bruce Lee on 12/05/05. Copies sent: yes. (stas)
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| Change of address for pro se defendant Brian Tillman to Scottsdale, AZ. (stas) |
| Set/Reset Hearings: Status Conference set for 12/16/2005 10:00 AM before Honorable District Gerald Bruce Lee. (jsol, ) |
| Minute Entry for proceedings held before Judge Gerald Bruce Lee : Appearances of pltf counsel.Motion Hearing held on 12/2/2005 re 139 MOTION to Continue filed by America Online, Inc.,. Motion argued and grante.d Matter con't til 12/16/05 for final judgment as to all not decided in the Motion for SJ set for 12/9/05. (Court Reporter Wilson.) (jsol, ) |
| Filing 141 NOTICE of Hearing on Motion 139 MOTION to Continue the trial date: Motion Hearing set for 12/2/2005 10:00 AM before Honorable District Judge Gerald Bruce Lee. (clar, ) |
| Filing 140 Memorandum in Support of 139 MOTION to Continue the trial date filed by America Online, Inc.. (clar, ) |
| Filing 139 MOTION to Continue the trial date by America Online, Inc.. (clar, ) |
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Filing 138
ORDER granting 132 Emergency MOTION for leave to take a party deposition outside discovery by America Online, Inc., denying without prejudice 133 Emergency MOTION to Continue the trial date by America Online. The Magistrate Judge defers to the District Judge regarding the Trial Date. Signed by Judge Barry R. Poretz on 11/17/05. Copies sent: yes. (stas)
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| Filing 137 RESPONSE in Opposition to 132 MOTION for leave to take a party deposition outside discovery and to Continue the trial date filed by Ernesto Gabriel Haberli (clar, ) |
| Per BRP chambers motions set for 11/18/05 on papers (clar, ) |
| Filing 136 NOTICE of Hearing on 129 MOTION by America Online, Inc. for Summary Judgment against Defendants Jeremy Brown and Larry Schulman: Motion Hearing set for 12/9/2005 at 10:00 AM before Honorable District Judge Gerald Bruce Lee. (stas) |
| Filing 135 NOTICE of Hearing on Motion 132 MOTION for leave to take a party deposition outside discovery, 133 MOTION to Continue the trial date: Motion Hearing set for 11/18/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 134 Memorandum in Support of 132 MOTION for leave to take a party deposition outside discovery, 133 MOTION to Continue the trial date filed by America Online, Inc.. (clar, ) |
| Filing 133 Emergency MOTION to Continue the trial date and Motion for leave to take a party deposition outside discovery by America Online, Inc.. (clar, ) |
| Filing 132 Emergency MOTION for leave to take a party deposition outside discovery and to Continue the trial date by America Online, Inc. (clar, ) |
| MOTIONS 132 MOTION for leave to take a party deposition outside discovery, 133 MOTION to Continue the trial date REFERRED to Judge Poretz. (clar, ) |
| Filing 131 NOTICE by America Online, Inc. requesting that the 129 MOTION by America Online, Inc. for Summary Judgment against Defendants Jeremy Brown and Larry Schulman be decided on papers. (stas) |
| Filing 130 Memorandum by America Online, Inc. in Support of 129 MOTION by America Online, Inc. for Summary Judgment against Defendants Jeremy Brown and Larry Schulman. (LARGE PLEADING) (stas) |
| Filing 129 MOTION by America Online, Inc. for Summary Judgment against Defendants Jeremy Brown and Larry Schulman. (stas) |
| Filing 128 SUGGESTION OF BANKRUPTCY as to Mark Stephen Trotter by Mark Trotter. (stas) |
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Filing 127
MEMORANDUM AND OPINION for reasons stated, Deft Motion to Dismiss for failure to state a claim is denied and furthe Ordered that deft Motion for More Definite Statement is denied.. Signed by Judge Gerald Bruce Lee on 10/21/05. (jsol, )
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| Set/Reset Hearings: Bench Trial set for 12/5/2005 10:00 AM before Honorable District Gerald Bruce Lee. (jsol, ) |
| Minute Entry for proceedings held before Judge Gerald Bruce Lee : Appearances of counsel. Final Pretrial Conference held on 10/20/2005. Case is set for bench trial on 12/5/05 @ 10 AM. All witness and exhibits lists are to be filed w/Clerk's Office. (jsol, ) |
| Filing 126 Exhibit List by America Online, Inc. (kbar) |
| Filing 125 Witness List by America Online, Inc.(kbar) |
| Filing 124 Stipulation of Undisputed Facts by Larry Schulman, America Online, Inc., Jeremy Brown. (kbar) |
| Filing 123 Response to Interrogatories by Ernesto Gabriel Haberli.(nhall, ) |
| Filing 122 Notice of Withdrawal of Motion to suppress depositions by Ernesto Gabriel Haberli (clar, ) |
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Filing 121
ORDER granting 117 Motion for Sanctions. This matter been fully briefed, and the Court being fully apprised of the facts of law in this matter, IT IS HEREBY ORDERED: All claims asserted in Plaintiff AOL's Complaint are taken as established; It is further ORDERED that Defendant Jeremy Brown and Larry Schulman are hereby prohibited from introducing evidence opposing AOL's claims; It is further ORDERED that the denial in Defendants' Answer be stricken - entered by Magistrate Judge Barry R. Poretz on 10/14/2005. (jsch)
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Filing 120
ORDER terminating 116 Motion. Before the Court is Defendant Ernesto Haberli's Motion to Suppress Depositions (Dkt. no. 116) scheduled to be heard on this Court's October 14, 2005 docket. Upon representation by Local Counsel that the matter is resolved, it is ORDERED Defendant Ernesto Haberli's Motion to Suppress Depositions (Dkt. no. 116)is hereby REMOVED from this Court's October 14, 2005 docket - entered by Magistrate Judge Barry R. Poretz on 10/14/2005. (jsch)
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| MOTION Hearing held before Magistrate Judge Barry R. poretz on 10/14/2005. Appearances: Counsel for Pltf. This matter came on for Pltf's. Motion for Sanctions - Matter uncontested and Granted. Deft's. Motion to Suppress Depositions - Matter is removed from the Docket. Order to issue. (FTR) (jsch) |
| Filing 119 NOTICE of Hearing on Motion 117 MOTION for Sanctions against defts' Jeremy Brown and Larry Schulman: Motion Hearing set for 10/14/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 118 Memorandum in Support re 117 MOTION for Sanctions against defts' Jeremy Brown and Larry Schulman filed by America Online, Inc. (large pleading) (clar, ) |
| Filing 117 MOTION for Sanctions against defts' Jeremy Brown and Larry Schulman by America Online, Inc.. (clar, ) |
| Filing 116 MOTION to suppress depositions tog. w/Notice of hearing for 10/14/05 @ 10:00 am by Ernesto Gabriel Haberli. (clar, ) |
| MOTIONS 116 MOTION to suppress depositions REFERRED to Judge Poretz. (clar, ) |
| Set Deadlines as to 116 MOTION to suppress depositions. Motion Hearing set for 10/14/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| MOTIONS 117 MOTION for Sanctions against defts' Jeremy Brown and Larry Schulman REFERRED to Judge Poretz. (clar, ) |
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Filing 115
ORDER for the reasons stated from the Bench, it is hereby ORDERED, 97 MOTION by America Online, Inc. to Compel discovery responses from Defts Larry Schulman and Jeremy Brown is GRANTED. Defts must serve discovery responses to Pltf by 09/30/05. Signed by Judge Barry R. Poretz on 09/22/05. Copies sent: yes.(stas)
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Filing 114
ORDER granting 103 MOTION to Compel defendant Ernesto Haberli's discovery responses by America Online, Inc. In particular, it is ORDERED: 1. Deft. Haberli's Objections to Pltf's First Set of Interrogatories and First Request for Production of Documents are hereby deemed waived as untimely. 2. Deft. Haberli must provide complete responses to Pltf's First Set of Interrogatories and First Request for Production of Documents by 10/03/05. 3. If Pltf, in good faith, believes Deft. Haberli has failed to fully respond Pltf. is granted leave to request appropriate relief. Signed by Judge Barry R. Poretz on 09/22/05. Copies sent: yes. (stas)
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| Filing 113 NOTICE of Hearing on Motion 112 Emergency MOTION for continuance of hearing: Motion Hearing set for 9/23/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 112 Emergency MOTION for continuance of hearing by Ernesto Gabriel Haberli. (clar, ) |
| Per BRP chambers motions set for 9/23/05 have been continued date tba (clar, ) |
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Filing 111
ORDER that Defendants Joshua Ellis, Erik Johnson and Opt-In America Corporation shall produce substantive responses to AOL's First Set of Interrogatories and First REquests for Production and Things and produce non-privileged documents responsive to AOL's Requests for Production and Things by no later than 09/21/05. Signed by Judge Barry R. Poretz on 09/21/05. (stas)
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| Filing 110 Response to 103 MOTION to Compel defendant Ernesto Haberli's discovery responses filed by Ernesto Gabriel Haberli. (clar, ) |
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Filing 107
STIPULATED ORDER TO COMPEL DEFENDANT NANCY KORCHICK'S DISCOVERY. It is hereby ORDERED, that Defendant Nancy Korchick shall produce substantive responses to AOL's First Set of Interrogatories and First Requests for Production and Things and produce non-privileged documents responsive to AOL's Requests for Production and Things by no later than September 20, 2005 - entered by Magistrate Judge Barry R. Poretz on 9/19/2005 (jsch)(see Order for details)
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Filing 106
ORDER granting 97 Motion to Compel. For the reasons stated from the bench, it is hereby ORDERED Plaintiff's Motion to Compel Discovery Responses from Defendants Joshua Ellis, Erik Johnson and Opt-In America Corporation (Dkt. no. 88) is GRANTED. Defendant must serve discovery responses to Plaintiff by September 23, 2005 - entered by Magistrate Judge Barry R. Poretz on 9/19/2005. (jsch)
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| Filing 105 NOTICE of Hearing on Motion 103 MOTION to Compel defendant Ernesto Haberli's discovery responses : Motion Hearing set for 9/23/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 104 Memorandum in Support of 103 MOTION to Compel defendant Ernesto Haberli's discovery responses filed by America Online, Inc.. (clar, ) |
| Filing 103 MOTION to Compel defendant Ernesto Haberli's discovery responses by America Online, Inc.. (clar, ) |
| MOTION Hearing held before Magistrate Judge Barry R. Poretz on 9/16/2005. Appearances: Counsel for Pltf. and for Deft. Corecheck only. This matter came on for Pltf's. Motion to compel discovery - Matter uncontested & Granted. Order to issue. (FTR) (jsch) |
| Filing 109 RESPONSE by Ernesto Gabriel Haberli to Plaintiff's First Requests for Production of Documents and Things. (Response not signed by local counsel)(stas) |
| Filing 108 RESPONSE by Ernesto Gabriel Haberli to First Set of Interrogatories of Plaintiff America Online, Inc. (Response not signed by local counsel)(stas) |
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Filing 102
STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION Defts Dan Walls and Trendy Solutions, Inc. are jointly and severally liable to AOL for damages in the total amount of $100,000.00; Defts Dan Walls and Trendy Solutions, Inc., their employees, officers, agents, servants, and attorneys and all those in active concert or participation w/them who receive actual notice of this Order, are hereby permanently enjoined from directly or indirectly engaging in the following activities: (see Order for details); this lawsuit is DISMISSED w/Prejudice as to Deft Maria Walls (see Order for details). Signed by Judge Gerald Bruce Lee on 09/15/05. Copies mailed: yes (pmil)
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| Filing 101 NOTICE of Appearance by John Flannery, II on behalf of Trendy Solutions Inc., Daniel Frederick Walls, Maria Faith Walls (kbar, ) |
| Filing 99 NOTICE of Hearing on Motion 97 MOTION to Compel defendants' discovery responses: Motion Hearing set for 9/16/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 98 Memorandum in Support of 97 MOTION to Compel defendants' discovery responses filed by America Online, Inc.. (clar, ) |
| Filing 97 MOTION to Compel defendants' discovery responses by America Online, Inc.. (clar, ) |
| MOTIONS 97 MOTION to Compel defendants' discovery responses REFERRED to Judge Poretz. (clar, ) |
| Per GBL chambers motions set for 9/9/05 on papers (clar, ) |
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So Ordered that Jeffrey Goldstein is allowed to w/d as counsel for Larry Schulman, Jeremy Brown and Nancy Korchick.. Signed by Judge Gerald Bruce Lee on 9/8/05. (jsol, )
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| Filing 100 MEMORANDUM OPINION RE: Defts' Steven R. Goudreault and Ernesto Haberli Motions to Dismiss for Lack of Personal Jurisdiction pursuant to FRCP 12(b)(2). Signed by Judge Gerald Bruce Lee on 09/08/05. Copies mailed: yes (pmil) |
| Filing 96 NOTICE of Hearing on Motion 95 MOTION for leave to Withdraw appearance of counsel: Motion Hearing set for 9/9/2005 10:00 AM before Honorable District Judge Gerald Bruce Lee. (clar, ) |
| Filing 95 MOTION for leave to Withdraw appearance of counsel by Nancy Phyliss Korchick, Larry Schulman, Jeremy Brown. (clar, ) |
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Filing 93
ORDER granting 88 MOTION for entry of a Protective Order by America Online, Inc. Signed by Judge Barry R. Poretz on 09/02/05. Copies sent: yes. (stas)
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Filing 94
AGREED PROTECTIVE ORDER RE: The handling, labeling and/or filing of confidential materials. Signed by Judge Barry R. Poretz on 09/01/05. Copies sent: yes. (stas)
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Filing 92
ORDER Plaintiff's Motion for Entry of a Protective Order is HEREBY GRANTED. Signed by Judge Barry R. Poretz on 09/01/05. Copies sent: yes.(stas)
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| Per BRP chambers motions set for 9/2/05; on papers. (jwhe, ) |
| Reset Deadlines as to 88 MOTION for Protective Order. Motion Hearing set for 9/2/2005 09:00 AM before Magistrate Barry R. Poretz. (jwhe, ) |
| Filing 91 NOTICE of Appearance by John Christopher Pasierb on behalf of Andrew Allen Amend (stas) |
| Filing 90 NOTICE of Hearing on Motion 88 MOTION for entry of a Protective Order : Motion Hearing set for 9/2/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 89 Memorandum in Support of its 88 MOTION for entry of a Protective Order filed by America Online, Inc.. (clar, ) |
| Filing 88 MOTION for entry of a Protective Order by America Online, Inc.. (clar, ) |
| Filing 87 Rule 26 Disclosure by Ernesto Gabriel Haberli. (ltun ) |
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Filing 86
ORDER granting application for Andrew Mark Jaffe to appear pro hac vice; Filing fee $ 50.00, receipt number 100 182535. Signed by Judge Gerald Bruce Lee on 08/24/05. Copies sent: yes.(stas)
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| Filing 85 NOTICE of Appearance by Karen L. Sykora on behalf of Erik Redding Johnson, Opt-In America Corporation, Joshua Lee Ellis (karn, ) |
| Per GBL chambers motions set for 8/19/05 (clar, ) |
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Filing 84
ORDER that Timothy Saunders is dismissed without prejudice from the above referenced matter pursuant to FRCP 41(a)(1)(i) (see order for details). Signed by Judge Gerald Bruce Lee on 8/15/05 (kjon ) Copies mailed
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| Filing 83 NOTICE of Hearing on 50 MOTION to Dismiss by Stephen R. Goudreault or 51 MOTION for a More Definite Statement by Stephen R. Goudreault: Motion Hearing set for 8/17/2005 at 10:00 AM before Honorable District Judge Gerald Bruce Lee. Movant requests that the court permit him to participate by telephone at the time of the hearing, if any. If telephone participation can not be permitted, movant requests that the motion be submitted on the papers. (Deadlines terminated - notice of hearing filed untimely)(stas) |
| Filing 82 NOTICE of Hearing on Motion 74 MOTION to Dismiss under FRCP 12(b)(2) : Motion Hearing set for 8/19/2005 10:00 AM before Honorable District Judge Gerald Bruce Lee. (clar, ) |
| Per GBL chambers motions set for 8/12/05 are to be re-noticed(clar, ) |
| Filing 81 REPLY to Response to Motion re 74 MOTION to Dismiss under FRCP 12(b)(2) filed by Ernesto Gabriel Haberli. (clar, ) |
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Filing 80
Rule 16 (B) SCHEDULING ORDER: Upon consideration of the representations made by counsel at the Rule 16(b) Conference, the Court makes the following rulings: (a) Discovery shall be concluded by October 14, 2005. (b) The Rule 26(f) report annexed to this Order, is approved and shall control discovery as modified by the Court.(c) All Rule 26(a)(1) disclosures shall be completed by August 19, 2005. (SEE ORDER FOR MORE DETAILS). Signed by Judge Liam O'Grady on 08/03/05. (nbla )
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| PROCEEDINGS held before Judge Liam O'Grady : Initial Pretrial Conference held on 8/3/2005. Appearances; of counsel. Discovery plan approved. ORDER TO ISSUE. (nbla ) |
| Filing 79 NOTICE of Hearing on Motion 50 MOTION to Dismiss, 51 MOTION for More Definite Statement: Motion Hearing set for 8/12/2005 10:00 AM before Honorable District Judge Gerald Bruce Lee. (clar, ) |
| Filing 77 NOTICE of Voluntary Dismissal w/out Prejudice pursuant to FRCP 41(a) by America Online, Inc. as to Deft Timothy Saunders (pmil) |
| Filing 78 NOTICE of Hearing on Motion 74 MOTION to Dismiss: Motion Hearing set for 8/12/2005 10:00 AM before Honorable District Judge Gerald Bruce Lee. (clar, ) |
| Filing 76 Proposed Joint Discovery Plan by Erik Redding Johnson, Nancy Phyliss Korchick, Leadplex, LLC, Opt-In America Corporation, Payperaction, LLC, Timothy R. Saunders, Larry Schulman, America Online, Inc., Jeremy Brown, Ernesto Gabriel Haberli.(pmil) |
| Filing 75 NOTICE of Appearance by Courtney South Schorr on behalf of America Online, Inc. (pmil) |
| Filing 74 MOTION to Dismiss under FRCP 12(b)(2) by Ernesto Gabriel Haberli. (nmck, ) |
| Filing 73 ORIGINAL ANSWER to Complaint by Ernesto Gabriel Haberli.(nmck, ) |
| Filing 72 Memorandum by America Online, Inc. in Opposition to 69 MOTION by Ernesto Gabriel Haberlito Dismiss Under FRCP 12(b)(2). (stas) |
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Filing 71
ORDER granting application of Robert Teir to appear pro hac vice for deft. Ernesto G. Haberli; Filing fee $ 50.00, receipt number 100 181838. Signed by Judge Gerald Bruce Lee on 07/19/05. Copies sent: yes.(stas)
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| Filing 70 Original ANSWER to Complaint by Ernesto Gabriel Haberli.(stas) |
| Filing 69 MOTION to Dismiss Under FRCP 12(b)(2) by Ernesto Gabriel Haberli. (stas) |
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Filing 68
SCHEDULING ORDER: Initial Pretrial Conference set for 8/3/2005 at 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. Discovery due by 10/14/2005. Final Pretrial Conference set for 10/20/2005 at 10:00 AM before Honorable District Judge Gerald Bruce Lee. Signed by Judge Gerald Bruce Lee on 07/08/05. Copies sent: yes.(stas)
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| Filing 67 Memorandum by America Online, Inc. in Opposition to 51 MOTION by Stephen R. Goudreault for More Definite Statement or 50 MOTION by Stephen R. Goudreault to Dismiss. (stas) |
| Filing 66 ANSWER to Amended Complaint by Jeremy Brown.(nmck, ) |
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Filing 65
ORDER Defendant Trotter's Answer (Dkt. no. 62) and Defendant Pitylak's Answer (Dkt. no. 63) are DEEMED TIMELY FILED. Signed by Judge Barry R. Poretz on 06/28/05. Copies sent: yes.(stas)
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| Filing 64 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Jeremy Brown served on 6/11/2005, answer due 7/1/2005. (stas) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 63 ANSWER to Amended Complaint by Ryan S. Pitylak.(stas) |
| Filing 62 ANSWER to Amended Complaint by Mark Trotter.(stas) |
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Filing 61
ORDER that the answer filed pro se by Daniel Walls and Maria Walls on behalf of Deft Trendy Solutions, Inc. is STRICKEN. Deft Trendy Solutions, Inc. must file an answer by an attorney admitted to practice before this Court. Any future pleadings, motions, or other papers on behalf of deft Trendy Solutions, Inc., shall also be signed by an attorney admitted to practice before this Court (see Order for details). Signed by Judge Gerald Bruce Lee on 06/17/05. (pmil)
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Filing 60
ORDER that the 34 Answer to Amended Complaint filed by Andrew Allen Amend pro se is valid as to himself. The answer is STRICKEN in regards to Deft Ambro Enterprises, Inc. Deft Ambro Enterprises, Inc. must file an answer by an attorney admitted to practice before this Court. Any future pleadings, motions, or other papers on behalf of Deft Ambro Enterprises, Inc., shall also be signed by an attorney admitted to practice before this Court. (see Order for details). Signed by Judge Gerald Bruce Lee on 06/17/05. Copies mailed: yes (pmil)
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Filing 59
ORDER that deft sign and re-submit his answer in accordance w/FRCP 11(a) within thirty (30) days of the date of this Order (see Order for details). Signed by Judge Gerald Bruce Lee on 06/17/05. (pmil)
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| Filing 56 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Nancy Phyliss Korchick served on 5/5/2005, answer due 5/25/2005. (stas) |
| Filing 55 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Mark Trotter served on 5/5/2005, answer due 5/25/2005. (stas) |
| Filing 54 ANSWER to Amended Complaint by Erik Redding Johnson, Opt-In America Corporation, Joshua Lee Ellis.(stas) |
| Filing 53 Financial Interest Disclosure Statement (Local Rule 7.1) by Opt-In America Corporation. (stas) |
| Filing 51 MOTION for a More Definite Statement by Stephen R. Goudreault. (stas) |
| Filing 50 MOTION to Dismiss by Stephen R. Goudreault. (stas) |
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Filing 58
ORDER denying application of John C. Osborne to appear pro hac vice because local counsel is required. Filing fee $ 50.00, receipt number 100 181049. Signed by Judge Gerald Bruce Lee on 06/10/05. Copies sent: yes.(stas)
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Filing 57
ORDER denying application of Robert Teir to appear pro hac vice because local counsel is required. Filing fee $ 50.00, receipt number 100 181048. Signed by Judge Gerald Bruce Lee on 06/10/05. Copies sent: yes.(stas)
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| Filing 52 Memorandum by Stephen R. Goudreault in Support of 50 MOTION to Dismiss or 51 MOTION for More Definite Statement. (stas) |
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Filing 49
ORDER GRANTING Pltf's 45 Motion for Extension of Time to Serve. AOL shall have until 07/08/05 to serve the remaining deft. Signed by Judge Barry R. Poretz on 06/08/05. Copies mailed: yes (pmil)
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Filing 48
ORDER denying without prejudice 35 MOTION to enlarge time to file and serve answer or responsive pleading by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault, denying without prejudice 42 MOTION to enlarge time to file and serve answer or responsive pleading by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault. (See order for details) Signed by Judge Barry R. Poretz on 06/06/05. Copies sent: yes. (stas)
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| Filing 47 NOTICE of Hearing on Motion 45 MOTION for Extension of time to serve Motion Hearing set for 6/10/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 46 Memorandum of law in Support re 45 MOTION for Extension of time to serve filed by America Online, Inc.. (clar, ) |
| Filing 45 MOTION for Extension of time to serve by America Online, Inc.. (clar, ) |
| MOTIONS 45 MOTION for Extension of time to serve REFERRED to Judge Poretz. (clar, ) |
| Filing 44 Declaration of Steven S. Richter, Esq., in support of 42 MOTION to enlarge time to file and serve answer or responsive pleading (clar, ) |
| Filing 43 Memorandum of points and authorities in Support of 42 MOTION to enlarge time to file and serve answer or responsive pleading filed by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault. (clar, ) |
| Filing 42 MOTION to enlarge time to file and serve answer or responsive pleading by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault tog. w/Notice of hearing for 6/10/05 @ 10:00 am (clar, ) |
| MOTIONS 42 MOTION to enlarge time to file and serve answer or responsive pleading REFERRED to Judge Poretz. (clar, ) |
| Set Deadlines as to 42 MOTION to enlarge time to file and serve answer or responsive pleading Motion Hearing set for 6/10/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 40 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc.; Ambro Enterprises Inc. served on 5/4/2005, answer due 5/24/2005. (stas) Modified on 6/1/2005 to clarify amended complaint summons were returned (stas). |
| Filing 39 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc.; Trendy Solutions Inc. served on 5/5/2005, answer due 5/25/2005. (stas) Modified on 6/1/2005 to clarify amended complaint summons were returned (stas). |
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Filing 41
ORDER granting 29 Motion for Extension of Time to Answer until 06/14/05; Erik Redding Johnson answer due 6/14/2005; Opt-In America Corporation answer due 6/14/2005; Joshua Lee Ellis answer due 6/14/2005. Signed by Judge Gerald Bruce Lee on 05/31/05. Copies sent: yes. (stas)
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| Filing 38 Financial Interest Disclosure Statement (Local Rule 7.1) by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault. (pmil) |
| Filing 37 Declaration of Steven S. Richter, Esq., in support of defts' 35 MOTION to enlarge time to file and serve answer or responsive pleading (clar, ) |
| Filing 36 Memorandum of points and authorities in Support of 35 MOTION to enlarge time to file and serve answer or responsive pleading filed by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault. (clar, ) |
| Filing 35 MOTION to enlarge time to file and serve answer or responsive pleading by Ryan S. Pitylak, Mark Trotter, Stephen R. Goudreault. tog. w/Notice of hearing for 6/3/05 @ 10:00 am (clar, ) |
| MOTIONS 35 MOTION to enlarge time to file and serve answer or responsive pleading REFERRED to Judge Poretz. (clar, ) |
| Set Deadlines as to 35 MOTION to enlarge time to file and serve answer or responsive pleading Motion Hearing set for 6/3/2005 10:00 AM before Honorable Magistrate Judge Barry R. Poretz. (to be re-noticed filed untimely) (clar, ) |
| Filing 34 ANSWER to Amended Complaint by Ambro Enterprises Inc., Andrew Allen Amend.(stas) - ANSWER IS STRICKEN IN REGARDS TO AMBRO ENTERPRISES, INC. PER ORDER OF GBL 06/17/05 Modified on 6/21/2005 to add new text (pmil). |
| Filing 33 ANSWER to Amended Complaint by Trendy Solutions Inc., Daniel Frederick Walls, Maria Faith Walls.(stas) - ANSWER STRICKEN AS TO TRENDY SOLUTIONS, INC. PER ORDER OF GBL 6/17/05 - Modified on 6/21/2005 to add text (pmil). |
| Filing 32 ANSWER to Amended Complaint by Brian Joseph Tillman.(stas) |
| Filing 31 ANSWER to Amended Complaint by Larry Schulman.(stas) |
| Filing 30 ANSWER to Amended Complaint by Nancy Phyliss Korchick.(stas) |
| Filing 29 MOTION by Erik Redding Johnson, Opt-In America Corporation, Joshua Lee Ellis for Extension of Time to File Answer re: 12 Amended Complaint . (stas) |
| Filing 28 ANSWER to Amended Complaint by Ernesto Gabriel Haberli.(stas) |
| Filing 27 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Opt-In America Corporation served on 5/5/2005, answer due 5/25/2005. (stas) |
| Filing 26 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Erik Redding Johnson served on 5/4/2005, answer due 5/24/2005. (stas) |
| Filing 25 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Brian Joseph Tillman served on 5/4/2005, answer due 5/24/2005. (stas) |
| Filing 24 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Joshua Lee Ellis served on 5/4/2005, answer due 5/24/2005. (stas) |
| Filing 23 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Daniel Frederick Walls served on 5/5/2005, answer due 5/25/2005. (stas) |
| Filing 22 AMENDED COMPLAINT SUMMONS Returned Executed by America Online, Inc. Maria Faith Walls served on 5/5/2005, answer due 5/25/2005. (stas) |
| Filing 21 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Stephen R. Goudreault served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 20 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Ryan S. Pitylak served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 19 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Ernesto Gabriel Haberli served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 18 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Payperaction, LLC served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 17 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint American Refinance Group served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 16 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Leadplex, LLC served on 5/4/2005, answer due 5/24/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 15 AMENDED COMPLAINT SUMMONS Returned Executed on amended complaint Larry Schulman served on 5/5/2005, answer due 5/25/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
| Filing 14 AMENDED COMPLAINT SUMMONS Returned Executed Andrew Allen Amend served on 5/6/2005, answer due 5/26/2005. (nmck) Modified on 1/31/2006 to clarify that summons was for an amended complaint (stas). |
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Filing 13
ORDER granting 9 Motion for an Extension of Time to Name and Serve Defendants. Signed by Judge Barry R. Poretz on 05/09/05. Copies sent: yes (stas)
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| AMENDED COMPLAINT Summons Issued and given to atty for service by SPS as to Erik Redding Johnson, Nancy Phyliss Korchick, Leadplex, LLC, Opt-In America Corporation, Payperaction, LLC, Ryan S. Pitylak, Timothy R. Saunders, Larry Schulman, Brian Joseph Tillman, Trendy Solutions Inc., Mark Trotter, Daniel Frederick Walls, Maria Faith Walls, Ambro Enterprises Inc., American Refinance Group, Andrew Allen Amend, Jeremy Brown, Joshua Lee Ellis, Stephen R. Goudreault, Ernesto Gabriel Haberli. (stas) |
| Filing 12 AMENDED COMPLAINT by America Online, Inc. against Ambro Enterprises, American Refinance, Andrew Allen Amend, Jeremy Brown, Joshua Lee Ellis, Stephen R. Goudreault, Ernesto Gabriel Haberli, Erik Redding Johnson, Nancy Phyliss Korchick, Leadplex, LLC, Opt-In America Corp, Payperaction, LLC, Ryan S. Pitylak, Timothy R. Saunders, Larry Schulman, Brian Joseph Tillman, Trendy Solutions Inc, Mark Trotter, Daniel Frederick Walls, Maria Faith Walls; amending [1-1] complaint (stas) |
| Filing 11 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Barry R. Poretz set for 10:00 5/13/05 for [9-1] motion by America Online, Inc. for an Extension of Time to Name and Serve Defendants (stas) |
| Filing 10 MEMORANDUM of Law by America Online, Inc. in support of [9-1] motion by America Online, Inc. for an Extension of Time to Name and Serve Defendants (stas) |
| Filing 9 MOTION by America Online, Inc. for an Extension of Time to Name and Serve Defendants (stas) |
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Filing 8
ORDER granting [5-1] motion by America Online, Inc. for an extension of time to identify and serve defendants. AOL shall have until 04/30/05 to identify and serve defts, and to conduct John Doe discovery necessary to identify and serve defts. (signed by Mag Judge Barry R. Poretz) Copies Mailed: yes [EOD Date: 3/29/05] (stas)
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| Deadline updated; Motion Hearing Deadline before Mag Judge Barry R. Poretz set for 10:00 4/1/05 for [5-1] motion by America Online, Inc. for an extension of time to identify and serve (clar) |
| Filing 7 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Barry R. Poretz set for 10:00 3/25/05 for [5-1] motion by America Online, Inc. for an extension of time to identify and serve (clar) |
| Filing 6 MEMORANDUM of law by America Online, Inc. in support of [5-1] motion by America Online, Inc. for an extension of time to identify and serve (clar) |
| Filing 5 MOTION by America Online, Inc. for an extension of time to identify and serve (clar) |
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Filing 4
ORDER granting [2-1] motion by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants. AOL shall have until March 18, 2005 to conduct discovery necessary to identify and serve the John Doe defendants. (signed by Mag Judge Barry R. Poretz) Copies Mailed: yes [EOD Date: 12/22/04] (stas)
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| Filing 3 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Barry R. Poretz set for 10:00 12/30/04 for [2-1] motion by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants (clar) |
| Filing 2 MOTION by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants (clar) |
| Filing 1 COMPLAINT Filing Fee $ 150.00 Receipt # 100 177255 (otho) |
| CASE REFERRED to Mag Judge Barry R. Poretz (otho) |
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