Tuttle et al v. Audiophile Music Direct Inc
| Stephen J. Tuttle, Dustin Collman and Stephen J Tuttle |
| Audiophile Music Direct, Inc. doing business as Music Direct doing business as Mobile Fidelity doing business as Mobile Fidelity Sound Lab doing business as MoFi, Audiophile Music Direct Inc doing business as Music Direct doing business as Mobile Fidelity doing business as Mobile Fidelity Sound Lab doing business as MoFi and Mobile Fidelity Sound Lab Inc |
| Adam Stiles, Omar Flores and Gregory Bitterman |
| 2:2022cv01081 |
| August 2, 2022 |
| US District Court for the Western District of Washington |
| James L Robart |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting Plaintiffs' #26 Motion for Preliminary Approval of Class Action Settlement. The final approval hearing is scheduled for Monday, October 30, 2023, at 9:00 a.m. before the Honorable James L. Robart at the United States District Court for the Western District of Washington, 700 Stewart Street, Suite 14106, Seattle, WA 98101. This matter is STAYED until further order of this court. Preliminary Approval Order due 5/9/2023, Notice Deadline is 6/23/2023, Plaintiffs' Counsel Fee Motion deadline is 7/18/2023, Exclusion/Objection deadline is 8/22/2023, Claims Administrator's Filing of Exclusion Requests deadline is 8/29/2023, Class Member Claim Form Submission deadline is 9/21/2023, Parties' Final Approval Motion deadline is 10/6/2023, Response to Objection deadline is 10/6/2023. Signed by Judge James L. Robart. (LH)
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Filing 41
REPLY, filed by Defendant Audiophile Music Direct Inc, TO RESPONSE to #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Attachments: #1 Supplement Declaration of James R. Davis, #2 Supplement Declaration of Joseph J. Madonia, #3 Exhibit Email with Duncan Turner confirming settlement discussions, #4 Exhibit Email with Duncan Turner re Mo Fi Settlement terms, #5 Exhibit Intervenors Settlement Demand Letter, #6 Exhibit First Agreed Motion for Extension of Time to Answer, #7 Exhibit Second Agreed Motion for Extension of Time to Answer, #8 Exhibit Agreed Motion for Extension of Time to Answer, #9 Exhibit Joint Initial Status Report, #10 Exhibit Revised Joint Initial Status Report)(Harris, Emily)
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Filing 40
Third DECLARATION of Duncan C. Turner filed by All Plaintiffs re #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Turner, Duncan)
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Filing 39
REPLY, filed by All Plaintiffs, TO RESPONSE to #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Turner, Duncan)
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Filing 38
Joint DECLARATION of Intervenors' Counsel filed by Intervenor Plaintiffs Gregory Bitterman, Omar Flores, Adam Stiles re #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Noel, Wright)
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Filing 37
RESPONSE, by Intervenor Plaintiffs Gregory Bitterman, Omar Flores, Adam Stiles, to #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement. (Noel, Wright)
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Filing 36
ORDER granting Proposed Intervenors' #23 Motion to Intervene. Intervenors' response to the #26 Motion for Preliminary Approval of Class Action Settlement is due by 3/22/2023. Plaintiffs' reply is due by 3/31/2023. Signed by Judge James L. Robart. (LH)
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Filing 35
REPLY, filed by Intervenor Plaintiffs Gregory Bitterman, Omar Flores, Adam Stiles, TO RESPONSE to #23 Third Party MOTION to Intervene (Noel, Wright)
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Filing 34
PRAECIPE re #33 Response to #23 Motion by Third Parties to Intervene by Defendant Audiophile Music Direct Inc (Attachments: #1 Corrected Opposition to Motion by Third Parties to Intervene)(Harris, Emily) Modified linkage on 2/15/2023 (MJV).
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Filing 33
RESPONSE, by Defendant Audiophile Music Direct Inc, to #23 Third Party MOTION to Intervene . (Attachments: #1 Declaration of Joseph Madonia)(Harris, Emily)
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Filing 32
DECLARATION of Duncan C. Turner filed by Plaintiffs Dustin Collman, Stephen J Tuttle re #23 Third Party MOTION to Intervene (Turner, Duncan)
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Filing 31
RESPONSE, by Plaintiffs Dustin Collman, Stephen J Tuttle, to #23 Third Party MOTION to Intervene . (Attachments: #1 Proposed Order)(Turner, Duncan)
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Filing 30
STATEMENT re #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement by Intervenor Plaintiffs Gregory Bitterman, Omar Flores, Adam Stiles (Noel, Wright)
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Filing 29
MINUTE ORDER: Plaintiffs' motion for preliminary approval of the parties' class action settlement (Dkt. #26 ) does not include the certification required by Local Civil Rule 7(e)(6). Nevertheless, the court will accept the filing. The court DIRECTS the parties to carefully review the current version of the Local Civil Rules on the court's website at https://www.wawd.uscourts.gov/local-rules-and-orders. Authorized by Judge James L. Robart. (LH)
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Filing 28
Second DECLARATION of Duncan C. Turner filed by Plaintiffs Dustin Collman, Stephen J Tuttle re #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Turner, Duncan)
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Filing 27
DECLARATION of Jeanne C. Finegan filed by Plaintiffs Dustin Collman, Stephen J Tuttle re #26 Unopposed MOTION for Order Preliminary Approval of Class Action Settlement (Turner, Duncan)
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Filing 26
Revised Unopposed MOTION for Order Preliminary Approval of Class Action Settlement, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 3/31/2023 2/17/2023, (Turner, Duncan) Modified title on 2/3/2023 (LH). Modified noting date on 3/13/2023 per #36 Order (LH).
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Filing 25
JOINT STATUS REPORT signed by all parties. (Turner, Duncan)
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Filing 24
Joint DECLARATION of Amy E. Keller, Kenneth F. Grunfeld, and Philip L. Fraietta filed by Intervenor Plaintiffs Gregory Bitterman, Omar Flores, Adam Stiles re #23 Third Party MOTION to Intervene (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noel, Wright)
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Filing 23
Third Party MOTION to Intervene , filed by Intervenor Plaintiffs Adam Stiles, Omar Flores, Gregory Bitterman. (Attachments: #1 Proposed Order) Noting Date 2/17/2023, (Noel, Wright)
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Filing 22
NOTICE of Unavailability of counsel Duncan Calvert Turner for Plaintiffs Dustin Collman, Stephen J Tuttle from 2/20/2023 - 3/1/2023. (Turner, Duncan)
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Filing 21
ORDER: The court DENIES Plaintiffs' unopposed motion for preliminary approval of the class action settlement (Dkt. #17 ) without prejudice. The court GRANTS the parties' stipulated motion to stay the case pending the court's consideration of the motion for preliminary approval (Dkt. #20 ). The parties are ORDERED to file either revised preliminary approval materials or a joint statement regarding the status of their revisions to the preliminary approval materials by no later than 1/31/2023. Signed by Judge James L. Robart. (LH)
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Filing 20
Stipulated MOTION for Order to Stay Case Pending Consideration of Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 1/19/2023, (Turner, Duncan)
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Filing 19
DECLARATION of James R. Davis filed by Plaintiffs Dustin Collman, Stephen J Tuttle re #17 Unopposed MOTION Motion for Preliminary Approval of Class Action Settlement and Notice Program (Trivett, Mark)
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Filing 18
DECLARATION of Duncan C. Turner filed by Plaintiffs Dustin Collman, Stephen J Tuttle re #17 Unopposed MOTION Motion for Preliminary Approval of Class Action Settlement and Notice Program (Trivett, Mark)
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Filing 17
Unopposed MOTION Motion for Preliminary Approval of Class Action Settlement and Notice Program , filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 1/15/2023, (Trivett, Mark)
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Filing 16
ORDER re Parties' #15 Third Stipulated MOTION Regarding Scheduling. The Parties' Joint Status Report is now due by 1/21/2023. Defendants' response to the First Amended Complaint is now due by 1/23/2023. Signed by Judge James L. Robart. (LH)
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Filing 15
Third Stipulated MOTION and (Proposed) Order Regarding Scheduling, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 12/20/2022, (Turner, Duncan)
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Filing 14
AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Stephen J Tuttle, Dustin Collman.(Turner, Duncan)
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Filing 13
ORDER re Parties' #12 Second Stipulated MOTION and (Proposed) Order to Extend Deadlines. Joint Status Report is now due by 12/21/2022. Defendant's response to the complaint is now due by 12/23/2022. Signed by Judge James L. Robart. (LH)
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Filing 12
Second Stipulated MOTION and (Proposed) Order to Extend Deadlines, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 12/6/2022, (Turner, Duncan)
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Filing 11
NOTICE of Appearance by attorney Laurel Anne Sadler Brown on behalf of Defendant Audiophile Music Direct Inc. (Brown, Laurel)
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Filing 10
ORDER re Parties' #9 Stipulated MOTION and (Proposed) Order Regarding Scheduling. The Initial Disclosure Deadline is now 11/22/2022, Joint Status Report is now due by 12/7/2022. Defendant's response to the complaint is now due by 12/9/2022. Signed by Judge James L. Robart. (LH)
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Filing 9
Stipulated MOTION and (Proposed) Order Regarding Scheduling, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. Noting Date 11/7/2022, (Turner, Duncan)
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Filing 8
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Joseph J Madonia for Defendant Audiophile Music Direct Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Filing 7
APPLICATION OF ATTORNEY Joseph J. Madonia FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Audiophile Music Direct Inc (Fee Paid) Receipt No. AWAWDC-7733023 (Fogg, Steven)
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 11/14/2022, FRCP 26(f) Conference Deadline is 10/21/2022, Initial Disclosure Deadline is 11/4/2022. (AD)
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NOTE: Document #5 . The appearance of attorney Laurel Brown is not proper per LCR 83.1, and notices of electronic filing will not be sent until corrected. Counsel must submit a Petition for Admission and register for ECF Filing access. After you have been admitted to practice before this court, please promptly file a Notice of Appearance in this case. Questions about this process should be directed to the Attorney Admission Clerk at (206) 370-8862 or WAWD_Admissions@wawd.uscourts.gov. (LH) (cc: Attorney Brown via ECF ad hoc)
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Attorney Emily J Harris added for Audiophile Music Direct Inc; per #5 Notice of Appearance (LH)
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Filing 5
NOTICE of Appearance by attorney Steven W Fogg on behalf of Defendant Audiophile Music Direct Inc. (Fogg, Steven)
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Filing 4
WAIVER OF SERVICE of Summons upon defendant Audiophile Music Direct Inc mailed on 8/9/2022 8/4/2022 (Turner, Duncan) Modified date on 9/20/2022 (LH).
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Filing 3
AFFIDAVIT of Service of Summons and Complaint on Defendant Audiophile Music Direct, Inc. on 8/17/2022, filed by Plaintiffs Dustin Collman, Stephen J Tuttle. (Attachments: #1 Appendix A)(Turner, Duncan)
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Filing 2
Summons Electronically Issued as to defendant(s) Audiophile Music Direct Inc (MJV)
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Judge James L. Robart added. (MJV)
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Filing 1
COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-7650731), filed by Stephen J. Tuttle, Dustin Collman. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Turner, Duncan)
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