Vance, et al. v. DirecTV, LLC et al
Plaintiff: Diana Mey, Craig Cunningham, Stewart Abramson, James Shelton, David Vance, Roxie Vance, Russell Locke, Thomas Stark and Carla Shultz
Defendant: AC1 Communications, Michael Asghari, IQ Marketing 2, Corp., DirecTV, LLC, Adam Cox, IQ Marketing 2, Corp. doing business as Pacificom, Birju, LLC, CDS V1, LLC doing business as Complete Digital Solutions, a DirecTV Authorized Dealer, Clear Home, Inc., Exact Estimating, LLC, Explosive Sales Marketing Group, Inc, IQ Marketing 2, Corp. doing business as Pacificom, a DirecTV Authorized Dealer, and its principal, Michael Asghari, Kreatamotive LLC, Mylan Johnson Group, Nas Air Logistics, LLC, Perfectvision Manufacturing, Inc., Fati Tech LLC, SNY Marketing, Pic Six, LLC, Pro Edge Marketing Service LLC, Super Sale Outlets, LLC and Xcite Satellite, LLC
Case Number: 5:2017cv00179
Filed: December 11, 2017
Court: US District Court for the Northern District of West Virginia
Office: Wheeling Office
County: Ohio
Presiding Judge: John Preston Bailey
Referring Judge: James P Mazzone
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2023 Opinion or Order Filing 390 PRELIMINARY APPROVAL ORDER: Final Approval Hearing set for 8/24/2023 02:00 PM. Signed by District Judge John Preston Bailey on 4/25/2023. (nmm)
April 25, 2023 Opinion or Order Filing 389 Memorandum in Support re #388 MOTION for Settlement (Plaintiffs' Motion for Preliminary Approval of Class Action Settlement) filed by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barrett, John)
April 25, 2023 Opinion or Order Filing 388 MOTION for Settlement (Plaintiffs' Motion for Preliminary Approval of Class Action Settlement) by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit 1 (Proposed Preliminary Approval Order))(Barrett, John)
April 21, 2023 Opinion or Order Filing 387 ORDER GRANTING #386 MOTION TO WITHDRAW AS COUNSEL: Attorney Hans J. Germann terminated. Signed by District Judge John Preston Bailey on 4/21/2023. (nmm)
April 21, 2023 Opinion or Order Filing 386 MOTION to Withdraw as Counsel for Defendant DirecTV, LLC by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle)
February 6, 2023 Opinion or Order Filing 385 ORDER of USCA as to #359 Notice of Appeal filed by DirecTV, LLC, #377 Notice of Appeal filed by DirecTV, LLC : cases placed in abeyance pending settlement discussions action within same case; status report due 03/08/2023. (nmm)
January 30, 2023 Opinion or Order Filing 384 NOTICE of Settlement (Parties' Joint Report of Proposed Settlement) by Carla Shultz, David Vance (Barrett, John)
November 16, 2022 Opinion or Order Filing 383 AMENDED ANSWER to Plaintiff's Fifth Amended Class Action Complaint #275 Amended Complaint by DirecTV, LLC. (Waltz, Danielle)
November 9, 2022 Opinion or Order Filing 382 MEMORANDUM ORDER AND OPINION: defendant's #355 Motion for Leave to File Amended Answer is GRANTED. Defendants 364 Motion to File Under Seal Certain Documents Relating to its Motion to Compel Arbitration is GRANTED. Defendant's #365 Motion to Compel Arbitration and Modify the Class Definition is DEFERRED pending resolution of the case pending before the Fourth Circuit. Plaintiffs' #367 Motion for Reconsideration is GRANTED IN PART AND DENIED IN PART, and defendants #379 Motion to Stay Decision on its Motion to Compel Arbitration is GRANTED. Signed by District Judge John Preston Bailey on 11/9/2022. (nmm) Modified on 11/10/2022 to unseal per Chambers (eh), NEF regenerated (ag).
November 1, 2022 Opinion or Order Filing 381 RESPONSE in Opposition re #379 MOTION to Stay re #365 MOTION to Compel Arbitration and Modify the Class Definition and Supporting Memorandum of Law (Plaintiffs' Response in Opposition to Defendant DirecTV, LLC's Motion to Stay Decision on DirecTV's Motion to Compel Arbitration) filed by Carla Shultz, David Vance, Roxie Vance. (Barrett, John)
October 19, 2022 Opinion or Order Filing 380 ORDER of USCA filed consolidating case 22-2041 with 22-1958 as to #359 Notice of Appeal filed by DirecTV, LLC, #377 Notice of Appeal filed by DirecTV, LLC (nmm)
October 18, 2022 Opinion or Order Filing 379 MOTION to Stay re #365 MOTION to Compel Arbitration and Modify the Class Definition and Supporting Memorandum of Law by DirecTV, LLC. (Waltz, Danielle)
October 6, 2022 Opinion or Order Filing 378 USCA Appeal Fees received $ 505 receipt number WVNW003074 re #377 Notice of Appeal filed by DirecTV, LLC (nmm)
October 6, 2022 Opinion or Order Filing 377 NOTICE OF APPEAL as to #341 ORDER GRANTING MOTION FOR CLASS CERTIFICATION, by DirecTV, LLC, filed per #373 Order(nmm)
October 4, 2022 Opinion or Order Filing 376 Case transferred from miscellaneous docket 22-250 re #375 USCA NOTICE OF APPELLATE CASE OPENING, USCA Case Number: 22-2041. (nmm)
October 4, 2022 Opinion or Order Filing 375 USCA NOTICE OF APPELLATE CASE OPENING filed by DirecTV, LLC: USCA Fourth Circuit USCA Case Number: 22-2041. Case Manager: Rachel Phillips (804-916-2702) (nmm)
October 4, 2022 Opinion or Order Filing 374 Case transferred to general docket: [No. 22-2041] re #373 USCA Order (nmm)
October 4, 2022 Opinion or Order Filing 373 USCA ORDER filed granting Motion for permission to appeal. Case transferred to regular docket number 22-2041 (nmm)
September 30, 2022 Opinion or Order Filing 372 REPLY to Response to Motion re #365 MOTION to Compel Arbitration and Modify the Class Definition and Supporting Memorandum of Law filed by DirecTV, LLC. (Attachments: #1 Attachment Declaration of Lauren R. Goldman)(Waltz, Danielle)
September 23, 2022 Opinion or Order Filing 371 RESPONSE in Opposition re #365 MOTION to Compel Arbitration and Modify the Class Definition and Supporting Memorandum of Law Plaintiffs' Response in Opp to DirecTV's Motion to Compel Arb and Modify Class Definition filed by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barrett, John)
September 23, 2022 Opinion or Order Filing 370 REPLY to Response to Motion re #355 MOTION for Leave to File Amended Answer filed by DirecTV, LLC. (Waltz, Danielle)
September 20, 2022 Opinion or Order Filing 369 ORDER DIRECTING BRIEFING: responsive briefing to #365 defendant's Motion to Compel Arbitration and Modify the Class Definition due on or before September 23, 2022; reply briefing to #363 plaintiffs' Response in Opposition to #355 Motion for Leave to File Amended Answer on or before September 23, 2022. Signed by District Judge John Preston Bailey on 9/20/2022. (nmm)
September 19, 2022 Opinion or Order Filing 368 LETTER from Blair Wessels to Clerk enclosing thumb drive containing exhibits referenced in 364 Motion to File Under Seal. (thumb drive lodged in Clerk's file) (nmm)
September 19, 2022 Opinion or Order Filing 367 First MOTION for Reconsideration re #366 Order Staying Case,, Terminate Deadlines,, Terminate Deadlines and Hearings,, Terminate Scheduling Order Deadlines, Plaintiffs' Motion to Reconsider Order Staying Case by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Proposed Order)(Barrett, John)
September 15, 2022 Opinion or Order Filing 366 ORDER STAYING CASE: this matter is hereby STAYED pending resolution of the appeals by the United States Court of Appeals for the Fourth Circuit, and the dates and deadlines contained in this Courts #245 Amended Scheduling Order are VACATED. Signed by District Judge John Preston Bailey on 9/15/2022. (nmm)
September 14, 2022 Opinion or Order Filing 365 MOTION to Compel Arbitration and Modify the Class Definition and Supporting Memorandum of Law by DirecTV, LLC. (Attachments: #1 Attachment Martin Declaration and Exhibits, #2 Attachment Moore-Brown Declaration and Exhibits, #3 Attachment Sharp Declaration and Exhibits, #4 Attachment Benson Declaration and Exhibits, #5 Attachment Gustafson Declaration, #6 Attachment La Rue Declaration, #7 Attachment Thaker Declaration)(Waltz, Danielle)
September 12, 2022 Opinion or Order Filing 363 RESPONSE in Opposition re #355 MOTION for Leave to File Amended Answer filed by Carla Shultz, David Vance, Roxie Vance. (Barrett, John)
September 12, 2022 Opinion or Order Filing 362 USCA NOTICE OF APPELLATE CASE OPENING: re #359 Notice of Appeal filed by DirecTV, LLC. USCA Fourth Circuit USCA Case Number: 22-1958. Case Manager: Rachel Phillips (804-916-2702). (nmm)
September 9, 2022 Opinion or Order Filing 361 Memorandum in Opposition re #354 MOTION Approve Notice Plan (Plaintiffs' Motion to Approve Notice Plan) filed by DirecTV, LLC. (Waltz, Danielle)
September 9, 2022 Opinion or Order Filing 360 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #359 Notice of Appeal (nmm)
September 9, 2022 Opinion or Order Filing 359 NOTICE OF APPEAL as to #353 Order on Motion to Compel, by DirecTV, LLC. Filing fee $; 505, receipt number AWVNDC-3548660. (Attachments: #1 Exhibit 1)(Waltz, Danielle)
September 2, 2022 Opinion or Order Filing 358 ORDER GRANTING #357 JOINT STIPULATION TO TAKE THE DEPOSITION OF ANYA VERKHOVSKAYA AFTER THE CLOSE OF DISCOVERY. Signed by District Judge John Preston Bailey on 9/2/2022. (nmm)
August 30, 2022 Opinion or Order Filing 357 STIPULATION Joint Stipulation to Take the Deposition of Anya Verkhovskaya After the Close of Discovery by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle) Modified event type to appear as pending motion on 8/31/2022 (nmm).
August 29, 2022 Opinion or Order Filing 356 MEMORANDUM of Law in Support of Defendant's Motion for Leave to Amend Its Answer by DirecTV, LLC re #355 MOTION for Leave to File Amended Answer . (Waltz, Danielle)
August 29, 2022 Opinion or Order Filing 355 MOTION for Leave to File Amended Answer by DirecTV, LLC. (Attachments: #1 Exhibit Exhibit A)(Waltz, Danielle)
August 26, 2022 Opinion or Order Filing 354 MOTION Approve Notice Plan (Plaintiffs' Motion to Approve Notice Plan) by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order)(Barrett, John)
August 25, 2022 Opinion or Order Filing 353 ORDER DENYING #340 MOTION TO COMPEL ARBITRATION. Signed by District Judge John Preston Bailey on 8/25/2022. (nmm)
August 19, 2022 Opinion or Order Filing 352 REPLY to Response to Motion re #340 MOTION to Compel Motion to Compel Arbitration and Supporting Memorandum of Law filed by DirecTV, LLC. (Attachments: #1 Attachment Declaration of Hans J. Germann with Exhibit)(Wessels, Blair)
August 18, 2022 Opinion or Order Filing 351 CERTIFICATE OF SERVICE by DirecTV, LLC Defendant's Notice of Deposition of Kim Robinson. (Waltz, Danielle)
August 18, 2022 Opinion or Order Filing 350 CERTIFICATE OF SERVICE by DirecTV, LLC Defendant's Notice of Deposition of David Vladeck. (Waltz, Danielle)
August 18, 2022 Opinion or Order Filing 349 CERTIFICATE OF SERVICE by DirecTV, LLC Defendant's Notice of Deposition of Anya Verkhovskaya. (Waltz, Danielle)
August 16, 2022 Opinion or Order Filing 348 DEFENDANT DIRECTV, LLC'S PETITION FOR PERMISSION TO APPEAL ORDER GRANTING CLASS CERTIFICATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 23(F) by DirecTV, LLC re #347 USCA NOTICE OF APPELLATE CASE OPENING (nmm)
August 16, 2022 Opinion or Order Filing 347 USCA NOTICE OF APPELLATE CASE OPENING. USCA Fourth Circuit USCA Case Number: 22-250. Case Manager: Rachel J. Lee (804-916-2702) (nmm)
August 16, 2022 Opinion or Order Filing 346 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance Certificate of Service RE Plaintiffs' Notice of Videotaped Deposition of Ken Sponsler (Barrett, John)
August 16, 2022 Opinion or Order Filing 345 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance Certificate of Service RE Plaintiffs' Notice of Videotaped Deposition of Sharon Alston (Barrett, John)
August 16, 2022 Opinion or Order Filing 344 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance Certificate of Service RE Plaintiffs' Notice of Videotaped Deposition of Lori Tininenko (Barrett, John)
August 12, 2022 Opinion or Order Filing 343 RESPONSE in Opposition re #340 MOTION to Compel Motion to Compel Arbitration and Supporting Memorandum of Law (Plaintiff Carla Shultz's Opposition to Defendant's Motion to Compel Arbitration) filed by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit 1 (Declaration of Benjamin J. Hogan))(Barrett, John)
August 9, 2022 Opinion or Order Filing 342 CERTIFICATE OF SERVICE by DirecTV, LLC for Defendants' Amended Rule 26(a) Disclosures. (Waltz, Danielle)
August 1, 2022 Opinion or Order Filing 341 ORDER GRANTING MOTION FOR CLASS CERTIFICATION: Plaintiffs' #301 Motion for Class Certification is GRANTED. Signed by District Judge John Preston Bailey on 8/1/2022. (nmm)
July 29, 2022 Opinion or Order Filing 340 MOTION to Compel Motion to Compel Arbitration and Supporting Memorandum of Law by DirecTV, LLC. (Attachments: #1 Attachment Declaration of Jennifer Sharp and Exhibits, #2 Attachment Declaration of Hans J. Germann and Exhibits)(Wessels, Blair)
July 29, 2022 Opinion or Order Filing 339 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service RE Plaintiffs' Expert Report of David Vladeck). (Barrett, John)
July 29, 2022 Opinion or Order Filing 338 NOTICE of Change of Address by Blair Elizabeth Wessels (Wessels, Blair)
July 25, 2022 Opinion or Order Filing 337 RESPONSE in Opposition re #331 MOTION for Leave to File Notice of Supplemental Authority (Plaintiffs' Response in Opposition to DirecTV's Motion for Leave to File Notice of Supplemental Authority) filed by Carla Shultz, David Vance, Roxie Vance. (Barrett, John)
July 25, 2022 Opinion or Order Filing 336 CERTIFICATE OF SERVICE by DirecTV, LLC Expert Witness Disclosure and Report of Ken Sponsler. (Waltz, Danielle)
July 22, 2022 Opinion or Order Filing 335 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Expert Disclosures on Merits Issues). (Barrett, John)
July 21, 2022 Opinion or Order Filing 334 ORDER: #333 Joint Stipulation Extending Parties' Deadlines for Expert Disclosures on Merits Issues is DENIED. Signed by District Judge John Preston Bailey on 7/21/2022. (nmm)
July 20, 2022 Opinion or Order Filing 333 STIPULATION (Joint Stipulation Extending Parties' Deadlines for Expert Disclosures on Merits Issues) by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Proposed Order)(Barrett, John) Modified event type to appear as a pending motion on 7/20/2022 (nmm).
July 18, 2022 Opinion or Order Filing 332 PAPERLESS ORDER: The Motion for Leave to File Notice of Supplemental Authority [Doc. 331] is GRANTED. Plaintiffs may file responsive briefing to the supplemental authority with seven (7) days of the entry of this Order. It is so ORDERED. Signed by District Judge John Preston Bailey on 7/18/2022.(eh)
July 15, 2022 Opinion or Order Filing 331 MOTION for Leave to File Notice of Supplemental Authority by DirecTV, LLC. (Attachments: #1 Exhibit A)(Hoffman, Laura)
July 5, 2022 Opinion or Order Filing 330 ORDER GRANTING PLAINTIFFS' 329 MOTION TO FILE EXHIBITS A, C, AND D TO THEIR REPLY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION UNDER SEAL. The Clerk is directed to file the subject exhibits under seal. Signed by District Judge John Preston Bailey on 7/5/22. (lmm)
July 1, 2022 Opinion or Order Filing 328 REPLY to Response to Motion re #301 MOTION to Certify Class (Plaintiff's Reply in Support of their Motion for Class Certification) filed by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D )(Barrett, John) (Attachment 1 replaced on 7/5/2022) (lmm). (Attachment 3 replaced on 7/5/2022) (lmm). (Attachment 4 replaced on 7/5/2022) (lmm). Modified on 7/5/2022 to seal exhibits per #330 Order (lmm).
June 24, 2022 Opinion or Order Filing 327 ORDER GRANTING DIRECTV'S UNOPPOSED #326 MOTION FOR EXTENSION OF TIME. The parties' deadline for expert disclosures shall be on July 22, 2022. Signed by District Judge John Preston Bailey on 6/24/22. (lmm)
June 24, 2022 Opinion or Order Filing 326 MOTION for Extension of Time to File by DirecTV, LLC. (Attachments: #1 Proposed Order Granting Motion)(Waltz, Danielle)
June 10, 2022 Opinion or Order Filing 325 RESPONSE in Opposition re #301 MOTION to Certify Class Defendant DirecTV LLC's Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification filed by DirecTV, LLC. (Attachments: #1 Attachment Declaration of Hans J. Germann with Exhibits, #2 Attachment Declaration of Jack L. Gustafson, #3 Attachment Expert Report of Jennifer Smith with Exhibits, #4 Attachment Expert Report of Ken Sponsler with Exhibits)(Waltz, Danielle)
June 10, 2022 Opinion or Order Filing 324 ORDER granting #321 Motion for Leave to Appear Pro Hac Vice for Lauren R. Goldman. Signed by District Judge John Preston Bailey on 6/10/2022. (nmm)
June 10, 2022 Opinion or Order Filing 323 ORDER granting #320 Motion for Leave to Appear Pro Hac Vice for Benjamin D. Bright. Signed by District Judge John Preston Bailey on 6/10/2022. (nmm)
June 9, 2022 Opinion or Order Filing 322 Pro Hac Vice Filing fee for Lauren R. Goldman and Benjamin D. Bright: $ 400.00, receipt number WVNC003457 (nmm)
June 9, 2022 Opinion or Order Filing 321 MOTION for Leave to Appear Pro Hac Vice Lauren R. Goldman by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle)
June 9, 2022 Opinion or Order Filing 320 MOTION for Leave to Appear Pro Hac Vice Benjamin D. Bright by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle)
June 7, 2022 Opinion or Order Filing 319 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs David & Roxie Vance's First Supplemental Response to DirecTV's First Set of Interrogatories). (Barrett, John)
June 7, 2022 Opinion or Order Filing 318 NOTICE of Appearance by Blair Elizabeth Wessels on behalf of DirecTV, LLC (Wessels, Blair)
May 31, 2022 Opinion or Order Filing 317 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiff Carla Shultz's Response to DirecTV's First Set of Requests for Production). (Barrett, John)
May 31, 2022 Opinion or Order Filing 316 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiff Carla Shultz's Response to DirecTV's First Set of Interrogatories). (Barrett, John)
May 18, 2022 Opinion or Order Filing 315 PAPERLESS ORDER: Upon consideration, Plaintiffs' Unopposed Motion for Extension of Time to Reply to Defendant's Response to Plaintiffs' Motion for Class Certification is GRANTED IN PART. Plaintiffs' reply brief shall be filed on or before July 1, 2022. It is so ORDERED. Signed by District Judge John Preston Bailey on 5/18/2022. (eh)
May 17, 2022 Opinion or Order Filing 314 MOTION for Extension of Time to File Response/Reply (Plaintiffs' Unopposed Motion for Extension of Time to Reply to Defendant's Response to Plaintiffs' Motion for Class Certification) by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Proposed Order)(Barrett, John)
May 5, 2022 Opinion or Order Filing 313 OBJECTIONS to Rule 30(b)(6) Deposition to #305 Certificate of Service by DirecTV, LLC. (Waltz, Danielle)
May 2, 2022 Opinion or Order Filing 312 ORDER GRANTING #309 DIRECTV'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR CLASS CERTIFICATION: it is HEREBY ORDERED that Defendant's Response to Plaintiffs' Motion for Class Certification, as well as expert disclosures relating to the same, shall be due on June 10, 2022. Signed by District Judge John Preston Bailey on 5/2/2022. (nmm)
April 29, 2022 Opinion or Order Filing 311 CERTIFICATE OF SERVICE by DirecTV, LLC DIRECTV, LLC's First Set of Requests for Production to Plaintiff Carla Shultz. (Waltz, Danielle)
April 29, 2022 Opinion or Order Filing 310 CERTIFICATE OF SERVICE by DirecTV, LLC DIRECTV, LLC's First Set of Interrogatories to Plaintiff Carla Shultz. (Waltz, Danielle)
April 29, 2022 Opinion or Order Filing 309 MOTION for Extension of Time to File Response/Reply as to #301 MOTION to Certify Class by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle)
April 27, 2022 Opinion or Order Filing 308 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Notice of Deposition of Steve Shapiro). (Barrett, John)
April 27, 2022 Opinion or Order Filing 307 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Notice of Deposition of Kristin Haley). (Barrett, John)
April 27, 2022 Opinion or Order Filing 306 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Notice of Deposition of Jim Henschel). (Barrett, John)
April 27, 2022 Opinion or Order Filing 305 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Notice of 30(b)(6) Deposition of DirecTV). (Barrett, John)
April 12, 2022 Opinion or Order Filing 304 ORDER GRANTING 303 PLAINTIFFS' MOTION TO FILE EXHIBITS 2,3, AND 5 TO THEIR MOTION FOR CLASS CERTIFICATION UNDER SEAL. Signed by District Judge John Preston Bailey on 4/12/2022. (nmm)
April 11, 2022 Opinion or Order Filing 302 Proposed Order re #301 MOTION to Certify Class by Carla Shultz, David Vance, Roxie Vance. (Barrett, John)
April 11, 2022 Opinion or Order Filing 301 MOTION to Certify Class by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2 Filed Under Seal, #4 Exhibit 3 Filed Under Seal, #5 Exhibit 4, #6 Exhibit 5 Filed Under Seal, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Barrett, John) (Attachments 3, 4, 6 replaced on 4/12/2022 pursuant to #304 ORDER) (nmm).
April 11, 2022 Opinion or Order Filing 300 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance Plaintiffs' Expert Disclosures on Identification of Methodology. (Barrett, John)
April 6, 2022 Opinion or Order Filing 299 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Responses to Defendant DirecTV's Interrogatory and Requests for Production to all Plaintiffs). (Barrett, John)
April 1, 2022 Opinion or Order Filing 298 PAPERLESS ORDER: In light of this Court's Order Granting Plaintiff Diana Mey's Unopposed Motion to Dismiss and Vacating the Court's Underlying Order Denying Defendant DirecTV's Motion to Compel Arbitration [Doc. 269], the Motion to Dismiss [Doc. 257], still pending on the Court's electronic docket, is hereby DENIED AS MOOT. Signed by District Judge John Preston Bailey on 4/1/22.(eh)
March 25, 2022 Opinion or Order Filing 297 ORDER DENYING #278 DEFENDANT'S MOTION FOR PROTECTIVE ORDER. Written objections may be filed within FOURTEEN DAYS of this Order. Failure to timely file objections will result in waiver of the right to appeal. Signed by Magistrate Judge James P. Mazzone on 3/25/2022. (nmm)
March 22, 2022 Opinion or Order Filing 296 ORDER DENYING #262 PLAINTIFFS' MOTION to COMPEL. Written objections may be filed within FOURTEEN DAYS of this Order. Failure to timely file objections will result in waiver of the right to appeal. Signed by Magistrate Judge James P. Mazzone on 3/22/2022. (nmm)
March 22, 2022 Opinion or Order Filing 295 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge James P. Mazzone: Evidentiary Hearing re #278 MOTION for Protective Order filed by DirecTV, LLC held on 3/22/2022. (Court Reporter C. Knecht.) (nmm)
March 18, 2022 Opinion or Order Filing 294 RESPONSE in Support re #278 MOTION for Protective Order filed by DirecTV, LLC. (Attachments: #1 Exhibit Exhibit 1)(Waltz, Danielle)
March 16, 2022 Opinion or Order Filing 293 RULE 42(b) MANDATE of USCA as to #202 Notice of Appeal filed by DirecTV, LLC. (ag)
March 16, 2022 Opinion or Order Filing 292 ORDER of USCA as to #202 Notice of Appeal filed by DirecTV, LLC. (lmm)
March 16, 2022 Opinion or Order Filing 291 CERTIFICATE OF SERVICE by Carla Shultz, David Vance, Roxie Vance (Certificate of Service re Plaintiffs' Notice of Deposition of Shawn Lamb). (Barrett, John)
March 14, 2022 Opinion or Order Filing 290 ORDER GRANTING 287 PLAINTIFFS' MOTION TO FILE UNREDACTED VERSION OF THEIR OPPOSITION TO DEFENDANT'S MOTION FOR A PROTECTIVE ORDER AND EXHIBITS 1 AND 2 TO THEIR OPPOSITION UNDER SEAL. Signed by Magistrate Judge James P. Mazzone on 3/14/2022. (nmm)
March 11, 2022 Opinion or Order Filing 289 CERTIFICATE OF SERVICE by DirecTV, LLC Defendant DIRECTV'S Interrogatory to All Plaintiffs. (Waltz, Danielle)
March 11, 2022 Opinion or Order Filing 288 CERTIFICATE OF SERVICE by DirecTV, LLC Defendant DIRECTV's Requests for Production to Plaintiffs. (Waltz, Danielle)
March 11, 2022 Opinion or Order Filing 286 RESPONSE in Opposition re #278 MOTION for Protective Order (Plaintiffs' Opposition to Defendant's Motion for a Protective Order - REDCTED VERSION) filed by Carla Shultz, David Vance, Roxie Vance. (Attachments: #1 Exhibit 1 (SEALED), #2 Exhibit 2 (SEALED))(Barrett, John) (Attachments 1 & 2 replaced on 3/14/2022 to attach sealed exhbits; Additional attachment(s) added on 3/14/2022: #3 UNREDACTED OPPOSITION (SEALED) pursuant to #290 ORDER) (nmm). Modified on 3/14/2022 to seal documents pursuant to Order(nmm).
March 9, 2022 Opinion or Order Filing 285 Defendant DirecTV's ANSWER to #275 Amended Complaint Plaintiffs' Fifth Amended Class Action Complaint by DirecTV, LLC.(Waltz, Danielle)
March 7, 2022 Opinion or Order Filing 284 Other Document re #277 Order (Plaintiffs' Memorandum regarding the Court's In Camera Review) filed by Carla Shultz, David Vance, Roxie Vance. (Barrett, John)
March 7, 2022 Opinion or Order Filing 283 Submission for In Camera Review Other Document filed by DirecTV, LLC. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8)(Hoffman, Laura)
March 4, 2022 Opinion or Order Filing 281 ORDER GRANTING JOINT MOTION #280 FOR AN EXTENSION OF TIME TO SUBMIT DOCUMENTS FOR IN CAMERA REVIEW. The parties shall have until 3/7/2022 to submit the agreed-upon list of documents for in camera review and the supplemental submissions regarding the challenged documents. Signed by Magistrate Judge James P. Mazzone on 3/4/2022. (ag)
March 3, 2022 Opinion or Order Filing 280 Joint MOTION for Extension of Time to File DOCUMENTS FOR IN CAMERA REVIEW by DirecTV, LLC. (Attachments: #1 Proposed Order)(Waltz, Danielle)
February 28, 2022 Opinion or Order Filing 279 ORDER SETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #278 MOTION for Protective Order filed by DirecTV, LLC : Responses due by 3/11/2022; Replies due by 3/18/2022; Oral Argument/Evidentiary Hearing set for 3/22/2022 10:00 AM in Wheeling Magistrate Judge Courtroom, 4th Floor before Magistrate Judge James P. Mazzone. Signed by Magistrate Judge James P. Mazzone on 2/28/2022. (nmm)
February 25, 2022 Opinion or Order Filing 278 MOTION for Protective Order by DirecTV, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Waltz, Danielle)
February 24, 2022 Opinion or Order Filing 277 ORDER. Signed by Magistrate Judge James P. Mazzone on 2/24/2022. (nmm)
February 24, 2022 Opinion or Order Filing 276 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge James P. Mazzone: Oral Argument/Evidentiary Hearing re #262 MOTION to Compel (Plaintiffs' Motion to Compel Discovery from Defendant) filed by Roxie Vance, Diana Mey, David Vance held on 2/24/2022. (Court Reporter Cindy Knecht.) (lmm)
February 23, 2022 Opinion or Order Filing 275 AMENDED COMPLAINT (FIFTH AMENDED CLASS ACTION COMPLAINT) against DirecTV, LLC, filed by David Vance, Roxy Vance, Carla Shultz.(Barrett, John)
February 23, 2022 Opinion or Order Filing 274 ORDER GRANTING #272 PLAINTIFFS' MOTION FOR LEAVE TO FILE FIFTH AMENDED COMPLAINT: Plaintiffs may file the proposed Fifth Amended Class Action Complaint. Signed by District Judge John Preston Bailey on 2/23/2022. (nmm)
February 22, 2022 Opinion or Order Filing 273 ORDER GRANTING 271 PLAINTIFFS' MOTION TO FILE EXHIBITS 1 THROUGH 6 TO THEIR REPLY IN SUPPORT OF THEIR MOTION TO COMPEL DISCOVERY UNDER SEAL. Signed by District Judge John Preston Bailey on 2/22/2022. (nmm)
February 22, 2022 Opinion or Order Filing 272 MOTION for Leave to File (Plaintiffs' Motion for Leave to File Fifth Amended Complaint) by David Vance, Roxy Vance. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Barrett, John)
February 22, 2022 Opinion or Order Filing 270 REPLY to Response to Motion re #262 MOTION to Compel (Plaintiffs' Motion to Compel Discovery from Defendant) filed by Diana Mey, David Vance, Roxy Vance. (Attachments: #1 Exhibit 1 (SEALED), #2 Exhibit 2 (SEALED), #3 Exhibit 3 (SEALED), #4 Exhibit 4 (SEALED), #5 Exhibit 5 (SEALED), #6 Exhibit 6 (SEALED))(Barrett, John) (Attachments 1, 2, 3, 4, 5, 6 replaced Under Seal on 2/22/2022 per #273 Order) (nmm).
February 22, 2022 Opinion or Order Filing 269 ORDER GRANTING #267 PLAINTIFF DIANA MEYS UNOPPOSED MOTION TO DISMISS AND VACATE THE COURTS UNDERLYING ORDER DENYING DEFENDANT DIRECTVS MOTION TO COMPEL ARBITRATION; Diana Mey is DISMISSED from this action. Signed by District Judge John Preston Bailey on 2/22/2022. (nmm)
February 15, 2022 Opinion or Order Filing 268 RESPONSE in Opposition re #262 MOTION to Compel (Plaintiffs' Motion to Compel Discovery from Defendant) filed by DirecTV, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hoffman, Laura)
February 14, 2022 Opinion or Order Filing 267 MOTION to Dismiss (Plaintiff Diana Mey's Unopposed Motion to Dismiss and Vacate the Court's Underlying Order Denying Defendant DirecTV's Motion to Compel Arbitration) by Diana Mey, David Vance, Roxy Vance. (Attachments: #1 Proposed Order)(Barrett, John)
February 11, 2022 Opinion or Order Filing 266 ORDER of USCA as to #202 Notice of Appeal: the court remands this case to the district court under Appellate Rule 12.1(b) for the limited purpose of granting Meys unopposed motion to dismiss her claim with prejudice and vacating its original order denying DIRECTVs motion to compel arbitration. (nmm)
February 10, 2022 Opinion or Order Filing 265 CERTIFICATE OF SERVICE by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance (Certificate of Service re Plaintiffs' Notice of 30(b)(6) Deposition of DirecTV). (Barrett, John)
February 2, 2022 Opinion or Order Filing 264 ORDER INDICATING THE COURT WOULD GRANT #257 PLAINTIFF DIANA MEYS UNOPPOSED MOTION TO VOLUNTARILY DISMISS HER CLAIM AND THAT THE COURT WOULD VACATE ITS PRIOR RULING. Signed by District Judge John Preston Bailey on 2/2/2022. (nmm)
February 2, 2022 Opinion or Order Filing 263 ORDER SETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #262 MOTION to Compel (Plaintiffs' Motion to Compel Discovery from Defendant) filed by Roxy Vance, Diana Mey, David Vance: Responses due by 2/15/2022; Replies due by 2/22/2022; Oral Argument/Evidentiary Hearing will be held in this matter on February 24, 2022 at 10:00am in the Wheeling Magistrate Judge Courtroom, 4th Floor, before Magistrate Judge James P. Mazzone. Signed by Magistrate Judge James P. Mazzone on 2/2/2022. (nmm)
February 1, 2022 Opinion or Order Filing 262 MOTION to Compel (Plaintiffs' Motion to Compel Discovery from Defendant) by Diana Mey, David Vance, Roxy Vance. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barrett, John)
February 1, 2022 Opinion or Order Filing 261 ORDER granting #254 Motion for Leave to Appear Pro Hac Vice for Peter Marketos. Signed by District Judge John Preston Bailey on 2/1/2022. (nmm)
February 1, 2022 Opinion or Order Filing 260 ORDER granting #253 Motion for Leave to Appear Pro Hac Vice for Andrew Wirmani. Signed by District Judge John Preston Bailey on 2/1/2022. (nmm)
February 1, 2022 Opinion or Order Filing 259 ORDER granting #252 Motion for Leave to Appear Pro Hac Vice for Brett Rosenthal. Signed by District Judge John Preston Bailey on 2/1/2022. (nmm)
February 1, 2022 Opinion or Order Filing 258 Pro Hac Vice Filing fee for Attorneys Brett Rosenthal, Peter Marketos and Andrew Wirmani: $ 600.00, receipt number WVNW002901 (nmm)
January 31, 2022 Opinion or Order Filing 257 MOTION to Dismiss (Plaintiff Diana Mey's Unopposed Motion to Dismiss and Request for an Indicative Ruling under Rule 62.1(a)) by Diana Mey. (Attachments: #1 Proposed Order)(Barrett, John)
January 31, 2022 Opinion or Order Filing 256 CERTIFICATE OF SERVICE by DirecTV, LLC re #248 Certificate of Service DIRECTV, LLC's Supplemental Response to Plaintiffs' Second Set of Requests for Production. (Waltz, Danielle)
January 31, 2022 Opinion or Order Filing 255 ORDER GRANTING #250 SUBSTITUTION: Laura A. Hoffman replaces Sarah A. Phipps. Signed by District Judge John Preston Bailey on 1/31/2022. (nmm)
January 31, 2022 Opinion or Order Filing 254 MOTION for Leave to Appear Pro Hac Vice of Peter Marketos by DirecTV, LLC. (Waltz, Danielle)
January 31, 2022 Opinion or Order Filing 253 MOTION for Leave to Appear Pro Hac Vice of Andrew Wirmani by DirecTV, LLC. (Waltz, Danielle)
January 31, 2022 Opinion or Order Filing 252 MOTION for Leave to Appear Pro Hac Vice of Brett Rosenthal by DirecTV, LLC. (Waltz, Danielle)
January 26, 2022 Opinion or Order Filing 251 Request to Discontinue E-mail Notification. (Terek, Christina)
January 25, 2022 Opinion or Order Filing 250 NOTICE of Appearance by Laura Ann Hoffman on behalf of DirecTV, LLC (Hoffman, Laura) Modified event type to show as pending motion on 1/26/2022; NEF Regenerated (nmm).
January 18, 2022 Opinion or Order Filing 249 OBJECTIONS to Rule 30(b)(6) Deposition to by DirecTV, LLC. (Waltz, Danielle)
December 17, 2021 Opinion or Order Filing 248 CERTIFICATE OF SERVICE by DirecTV, LLC re #246 Certificate of Service DirecTV, LLC's Response to Plaintiffs' Second Set of Requests for Production. (Waltz, Danielle)
December 6, 2021 Opinion or Order Filing 247 CERTIFICATE OF SERVICE by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance (Certificate of Service re Plaintiffs' Notice of 30(b)(6) Deposition of DirecTV). (Barrett, John)
November 17, 2021 Opinion or Order Filing 246 CERTIFICATE OF SERVICE by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance (Certificate of Service re Plaintiffs' Second Set of Requests for Production to Defendant DirecTV). (Barrett, John)
November 15, 2021 Opinion or Order Filing 245 VACATED pursuant to #366 Order Staying CaseAMENDED SCHEDULING ORDER granting #243 Stipulated Motion to Amend the Scheduling Order: Discovery due by 9/1/2022; Motions due by 9/23/2022; Responses due by 10/14/2022; Replies due by 10/24/2022; Joint Pretrial Order due by 12/5/2022; Final Pretrial Conference set for 12/19/2022 03:00 PM; Jury Selection/Jury Trial set for 1/10/2023 09:00 AM. Signed by District Judge John Preston Bailey on 11/15/2021. (nmm) Modified docket text on 9/15/2022 to show order is vacated (nmm).
November 11, 2021 Opinion or Order Filing 244 Proposed Order Regarding Stipulated Joint Motion to Amend the Scheduling Order re #243 Stipulation by DirecTV, LLC. (Waltz, Danielle)
November 11, 2021 Opinion or Order Filing 243 STIPULATION re #195 Scheduling Order,, Set Motion, Evidentiary, R&R and Social Security Oral Argument Deadlines/Hearings, Stipulated Joint Motion to Amend the Scheduling Order by DirecTV, LLC. (Waltz, Danielle)
November 1, 2021 Opinion or Order Filing 242 STATUS REPORT (Parties' Second Report to Court Pursuant to the Court's October 6 Order) by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Barrett, John)
October 20, 2021 Opinion or Order Filing 241 STATUS REPORT (Parties' Joint Report Pursuant to the Court's October 6 Order) by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Barrett, John)
October 6, 2021 Opinion or Order Filing 240 ORDER GRANTING, IN PART, #210 PLAINTIFFS' MOTION TO COMPEL DIRECTV TO RESPOND TO DISCOVERY. Signed by District Judge John Preston Bailey on 10/6/2021. (nmm)
September 1, 2021 Opinion or Order Filing 239 ANSWER to #209 Amended Complaint by DirecTV, LLC.(Waltz, Danielle)
August 18, 2021 Opinion or Order Filing 238 ORDER. This Court hereby GRANTS DirecTV, LLC's Partial #211 Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) and DISMISSES WITHOUT PREJUDICE Count I of the Fourth Amended Complaint as it pertains to David and Roxy Vance, Russell Locke, and Thomas Stark. Accordingly, defendant DirecTV, LLC's #237 Motion for Leave to File Notice of Supplemental Authority is DENIED AS MOOT. Signed by District Judge John Preston Bailey on 8/18/21. (lmm)
August 17, 2021 Opinion or Order Filing 237 MOTION for Leave to File Notice of Supplemental Authority by DirecTV, LLC. (Attachments: #1 Exhibit A)(Waltz, Danielle)
August 6, 2021 Opinion or Order Filing 236 CERTIFICATE OF SERVICE by Russell Locke (Certificate of Service re Plaintiff Russell Locke's Response to DirecTV's First Set of Requests for Production). (Barrett, John)
August 6, 2021 Opinion or Order Filing 235 CERTIFICATE OF SERVICE by Russell Locke (Certificate of Service re Plaintiff Russell Locke's Response to DirecTV's First Set of Interrogatories). (Barrett, John)
August 6, 2021 Opinion or Order Filing 234 CERTIFICATE OF SERVICE by Thomas Stark (Certificate of Service re Plaintiff Thomas Stark's Response to DirecTV, LLC's First Set of Requests for Production). (Barrett, John) Modified docket text re: filers on 8/6/2021; NEF Regenerated (nmm).
August 6, 2021 Opinion or Order Filing 233 CERTIFICATE OF SERVICE by Thomas Stark (Certificate of Service re Plaintiff Thomas Stark's Response to DirecTV, LLC's First Set of Interrogatories). (Barrett, John) Modified docket text re: filers on 8/6/2021; NEF Regenerated (nmm).
August 6, 2021 Opinion or Order Filing 232 CERTIFICATE OF SERVICE by David Vance, Roxy Vance (Certificate of Service re Plaintiffs David and Roxie Vance's Response to DirecTV, LLC's First Set of Requests for Production). (Barrett, John) Modified docket text re: filers on 8/6/2021; NEF Regenerated (nmm).
August 6, 2021 Opinion or Order Filing 231 CERTIFICATE OF SERVICE by David Vance, Roxy Vance (Certificate of Service re Plaintiffs David and Roxie Vance's Response to DirecTV, LLC's First Set of Interrogatories). (Barrett, John) Modified docket text re: filers on 8/6/2021; NEF Regenerated (nmm).
July 23, 2021 Opinion or Order Filing 230 STIPULATION (Stipulation Extending Time for Plaintiffs to Respond to Defendant's First Set of Discovery Requests) by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Barrett, John)
July 22, 2021 Opinion or Order Filing 229 RESPONSE by DirecTV, LLC to #225 Notice (Other),. (Waltz, Danielle)
July 22, 2021 Opinion or Order Filing 228 PAPERLESS ORDER: Having found good cause, the pending Motion for Leave to File Response to Notice of Supplemental Authority [Doc. 227] is GRANTED. Defendant DirecTV, LLC is hereby DIRECTED to file its Response [Doc. 227-1] as an independent filing. It is so ORDERED. Signed by District Judge John Preston Bailey on 7/22/21.(eh)
July 22, 2021 Opinion or Order Filing 227 MOTION for Leave to File Response to Notice of Supplemental Authority by DirecTV, LLC. (Attachments: #1 Attachment Proposed Response)(Waltz, Danielle)
July 21, 2021 Opinion or Order Filing 226 Request to Discontinue E-mail Notification. (Allen, Debra)
July 15, 2021 Opinion or Order Filing 225 NOTICE by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance re #211 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) (Plaintiffs' Notice of Supplemental Authority Relevant to Defendants' Partial Motion to Dismiss) (Barrett, John)
July 15, 2021 Opinion or Order Filing 224 REPLY to Response to Motion re #211 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) filed by DirecTV, LLC. (Waltz, Danielle)
July 11, 2021 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
July 6, 2021 Opinion or Order Filing 223 ORDER GRANTING #221 JOINT STIPULATION FOR EXTENSION OF TIME FOR DIRECTV, LLC TO FILE A REPLY TO #211 PLAINTIFFS' RESPONSE TO DIRECTV, LLC'S PARTIAL MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6): DirecTV, LLCshall file a reply by Thursday, July 15, 2021. Signed by District Judge John Preston Bailey on 7/6/2021. (nmm)
July 2, 2021 Opinion or Order Filing 222 RESPONSE in Opposition re #211 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) (Plaintiffs' Opposition to DirecTV, LLC's Partial Motion to Dismiss Pursuant to Rule 12(b)(6)) filed by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Barrett, John)
July 2, 2021 Opinion or Order Filing 221 STIPULATION for Extension of Time For DirecTV, LLC to File Reply to Plaintiffs Response to Directv, LLCs Partial Motion to Dismiss Pursuant to Federal Rule Of Civil Procedure 12(B)(6) by DirecTV, LLC. (Attachments: #1 Proposed Order Proposed Order Granting Joint Stipulation for Extension of Time for DirecTV to Reply)(Waltz, Danielle)
June 24, 2021 Opinion or Order Filing 220 REPLY to Response to Motion re #210 MOTION to Compel (Plaintiffs' Motion to Compel DirecTV to Respond to Discovery) filed by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, John)
June 23, 2021 Opinion or Order Filing 219 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Requests for Production to Plaintiff Thomas Stark. (Waltz, Danielle)
June 23, 2021 Opinion or Order Filing 218 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Requests for Production to Plaintiff Russell Locke. (Waltz, Danielle)
June 23, 2021 Opinion or Order Filing 217 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Requests for Production to Plaintiffs David and Roxy Vance. (Waltz, Danielle)
June 23, 2021 Opinion or Order Filing 216 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Interrogatories to Plaintiff Thomas Stark. (Waltz, Danielle)
June 23, 2021 Opinion or Order Filing 215 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Interrogatories to Plaintiff Russell Locke. (Waltz, Danielle)
June 23, 2021 Opinion or Order Filing 214 CERTIFICATE OF SERVICE by DirecTV, LLC First Set of Interrogatories to Plaintiffs David and Roxy Vance. (Waltz, Danielle)
June 19, 2021 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI)
June 17, 2021 Opinion or Order Filing 213 Memorandum in Opposition re #210 MOTION to Compel (Plaintiffs' Motion to Compel DirecTV to Respond to Discovery) filed by DirecTV, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Waltz, Danielle)
June 17, 2021 Opinion or Order Filing 212 MEMORANDUM IN SUPPORT OF by DirecTV, LLC re #211 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) . (Waltz, Danielle)
June 17, 2021 Opinion or Order Filing 211 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) by DirecTV, LLC. (Waltz, Danielle)
June 4, 2021 Opinion or Order Filing 210 MOTION to Compel (Plaintiffs' Motion to Compel DirecTV to Respond to Discovery) by Russell Locke, Diana Mey, Thomas Stark, David Vance, Roxy Vance. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barrett, John)
June 3, 2021 Opinion or Order Filing 209 AMENDED COMPLAINT (FOURTH AMENDED CLASS ACTION COMPLAINT) against DirecTV, LLC, filed by David Vance, Russell Locke, Diana Mey, Thomas Stark, Roxy Vance.(Barrett, John)
June 3, 2021 Opinion or Order Filing 208 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FOURTH AMENDED CLASS ACTION COMPLAINT #207 . Plaintiffs are DIRECTED to file their Fourth Amended Class Action Complaint as an independent filing. Signed by District Judge John Preston Bailey on 6/3/2021. (ag)
June 2, 2021 Opinion or Order Filing 207 MOTION for Leave to File Fourth Amended Class Action Complaint by Diana Mey. (Attachments: #1 Attachment)(Barrett, John)
May 30, 2021 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
April 1, 2021 Opinion or Order Filing 206 ORDER SUPPLEMENTING SCHEDULING ORDER: Plaintiff's deadline for a motion to certify the class due by 12/10/2021; Responses due by 1/18/2022; Replies due by 2/14/2022. Signed by District Judge John Preston Bailey on 4/1/2021. (nmm)
March 25, 2021 Opinion or Order Filing 205 CERTIFICATE OF SERVICE by DirecTV, LLC to Response to Plaintiff's First Set of Interrogatories and Requests for Production. (Waltz, Danielle)
March 15, 2021 Opinion or Order Filing 204 USCA NOTICE OF APPELLATE CASE OPENING: re #202 Notice of Appeal filed by DirecTV, LLC. USCA Fourth Circuit USCA Case Number: 21-1274. Case Manager: Michael Radday (804-916-2702). (nmm)
March 12, 2021 Opinion or Order Filing 203 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #202 Notice of Appeal (nmm)
March 11, 2021 Opinion or Order Filing 202 NOTICE OF APPEAL as to #198 Order by DirecTV, LLC. Filing fee $; 505, receipt number 0424-3220068. (Attachments: #1 Exhibit Exhibit 1)(Waltz, Danielle)
March 11, 2021 Opinion or Order Filing 201 ANSWER to #179 Amended Complaint by DirecTV, LLC.(Waltz, Danielle)
February 25, 2021 Opinion or Order Filing 200 STIPULATION re #197 Certificate of Service, to Extend Deadline to Answer Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant DirecTV, LLC by DirecTV, LLC. (Waltz, Danielle)
February 25, 2021 Opinion or Order Filing 199 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS #183 . Ms. Mey is not required to arbitrate her claims against DIRECTV; Plaintiffs Abramson, Cunningham and Shelton are DISMISSED as named plaintiffs in this case; DIRECTV's 12(b)(6) motion to dismiss this case for failure to state a claimis DENIED. DIRECTV, LLC's Partial Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2) and 12(b)(6) is GRANTED IN PART and DENIED IN PART. Signed by District Judge John Preston Bailey on 2/25/2021. (ag)
February 12, 2021 Opinion or Order Filing 198 VACATED pursuant to #269 ORDER. ORDER DENYING #15 MOTION TO COMPEL ARBITRATION. Signed by District Judge John Preston Bailey on 2/12/2021. (nmm) Modified docket text to show Order was Vacated on 2/22/2022 (nmm).
February 2, 2021 Opinion or Order Filing 197 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance (Certificate of Service re Plaintiffs' First Set of Interrogatories and Requests for Production on Defendant DirecTV, LLC) (Barrett, John)
February 1, 2021 Opinion or Order Filing 196 CERTIFICATE OF SERVICE by DirecTV, LLC for Defendant's Inital Disclosures. (Waltz, Danielle)
January 28, 2021 Opinion or Order Filing 195 SCHEDULING ORDER: Joinder & Amendments due by 5/1/2021; Discovery due by 6/20/2022; Motions due by 7/18/2022; Responses due by 8/1/2022; Replies due by 8/8/2022; Joint Pretrial Order due by 10/4/2022; Final Pretrial Conference set for 10/11/2022 02:00 PM in Wheeling, WV; Jury Selection/Jury Trial set for 11/1/2022 09:00 AM in Wheeling, WV. Signed by District Judge John Preston Bailey on 1/28/2021. (nmm)
January 27, 2021 Opinion or Order Filing 194 (Scheduling Order Checklist) Other Document re #193 Report of Rule 26(f) Planning Meeting filed by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance. (Barrett, John)
January 25, 2021 Opinion or Order Filing 193 REPORT of Rule 26(f) Planning Meeting. (Barrett, John)
December 18, 2020 Opinion or Order Filing 192 REPLY by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance to #191 Response, #185 MEMORANDUM. (Barrett, John)
December 4, 2020 Opinion or Order Filing 191 RESPONSE by DirecTV, LLC to #185 MEMORANDUM. (Waltz, Danielle)
December 2, 2020 Opinion or Order Filing 190 STIPULATION of Dismissal of Xcite Satellite, LLC by Xcite Satellite, LLC. (Allen, Debra)
November 23, 2020 Opinion or Order Filing 189 REPLY to Response to Motion re #183 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(2) and 12(B)(6) Memorandum in Support of Its Partial Motion to Dismiss filed by DirecTV, LLC. (Attachments: #1 Exhibit Exhibit A)(Waltz, Danielle)
November 16, 2020 Opinion or Order Filing 188 RESPONSE in Opposition re #183 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(2) and 12(B)(6) filed by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance. (Attachments: #1 Exhibit A)(Barrett, John)
November 6, 2020 Opinion or Order Filing 187 ORDER GRANTING JOINT STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFFS TO FILE RESPONSE TO DIRECTV, LLC'S PARTIAL MOTION TO DISMISS AND DEFENDANT TO FILE RESPONSE BRIEF CONCERNING UNCONSCIONABILITY: re #183 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(2) and 12(B)(6) filed by DirecTV, LLC. Responses due by 11/16/2020; Replies due by 11/23/2020. Defendants' shall file its response brief concerning unconscionability by 12/4/2020. Signed by District Judge John Preston Bailey on 11/6/2020. (ag)
November 5, 2020 Opinion or Order Filing 186 STIPULATION for Extension of Time for Plaintiffs to File Response to #183 DirecTV, LLCs Partial Motion to Dismiss and #185 Defendants Response Brief Concerning Unconscionability by Stewart Abramson, Craig Cunningham, Flaherty Sensabaugh Bonasso, PLLC, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance. (Attachments: #1 Proposed Order)(Barrett, John) Modified on 11/5/2020 to link with appropriate entries (nmm).
November 2, 2020 Opinion or Order Filing 185 MEMORANDUM (Plaintiffs' Brief Concerning Unconscionability) by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance . (Barrett, John)
October 23, 2020 Opinion or Order Filing 184 MEMORANDUM IN SUPPORT by DirecTV, LLC re #183 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(2) and 12(B)(6) . (Waltz, Danielle)
October 23, 2020 Opinion or Order Filing 183 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(2) and 12(B)(6) by DirecTV, LLC. (Attachments: #1 Exhibit Affidavit of Steinmetz, #2 Exhibit Affidavit of Haley, #3 Exhibit Declaration of Phillips)(Waltz, Danielle)
October 23, 2020 Opinion or Order Filing 182 ANSWER to #179 Amended Complaint by Perfectvision Manufacturing, Inc..(Manning, Jacob)
October 8, 2020 Opinion or Order Filing 181 ORDER GRANTING #180 PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME REGARDING BRIEFS CONCERNING UNCONSIONABILITY. Plaintiffs will have until 11/2/2020 to file their opening brief concerning unconscionability. Thereafter, Defendant will have twenty-one days to file any response brief. Thereafter, Plaintiffs will have fourteen days to file any reply brief. Signed by District Judge John Preston Bailey on 10/8/2020. (ag)
October 7, 2020 Opinion or Order Filing 180 MOTION for Extension of Time to File (Plaintiffs' Unopposed Motion for Extension of Time Regarding Briefs Concerning Unconscionability) by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Shelton, Thomas Stark, David Vance, Roxy Vance. (Attachments: #1 Proposed Order)(Barrett, John)
September 24, 2020 Opinion or Order Filing 179 AMENDED COMPLAINT (Third Amended Class Action Complaint) against DirecTV, LLC, filed by David Vance, Russell Locke, Diana Mey, Stewart Abramson, Thomas Stark, James Everett Shelton, Craig Cunningham.(Barrett, John)
September 17, 2020 Opinion or Order Filing 178 ORDER. Signed by District Judge John Preston Bailey on 9/17/2020. (nmm)
September 16, 2020 Opinion or Order Filing 177 NOTICE of Appearance by Debra Lee Allen and Christina S. Terek on behalf of Xcite Satellite, LLC (Allen, Debra) Modified docket text on 9/16/2020 (nmm).
September 4, 2020 Opinion or Order Filing 176 ORDER granting #175 Plaintiff's Motion for Status Conference: Status Conference set for 9/17/2020 11:00 AM in Wheeling District Judge Courtroom, North; this Court VACATES its prior #174 Order Staying Case and Referring to Arbitration. Signed by District Judge John Preston Bailey on 9/4/2020. (nmm)
September 3, 2020 Opinion or Order Filing 175 MOTION for Hearing (Plaintiffs' Motion for Status Conference) by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Everett Shelton, Thomas Stark, David Vance. (Barrett, John)
September 2, 2020 Opinion or Order Filing 174 VACATED per #176 Order. ORDER STAYING CASE AND REFERRING TO ARBITRATION. Signed by District Judge John Preston Bailey on 9/2/2020. (nmm) Modified docket text on 9/4/2020 to show order is vacated (nmm).
August 31, 2020 Opinion or Order Filing 173 MANDATE of USCA as to #29 Notice of Appeal filed by DirecTV, LLC. The judgment entered August 7, 2020 takes effect today. (nmm)
August 7, 2020 Opinion or Order Filing 172 USCA JUDGMENT as to #29 Notice of Appeal filed by DirecTV, LLC: this case is remanded to the district court for further proceedings. (Attachments: #1 Notice of Judgment)(nmm)
August 7, 2020 Opinion or Order Filing 171 PUBLISHED AUTHORED OPINION as to #29 Notice of Appeal filed by DirecTV, LLC USCA Decision: VACATED AND REMANDED (nmm)
August 5, 2020 Opinion or Order Filing 170 RETURN RECEIPT as to #166 ORDER FOR STIPULATED DISMISSAL WITH PREJUDICE. SERVICE ACCEPTED on 8/1/2020 (per usps website). (nmm)
August 3, 2020 Opinion or Order Filing 169 ORDER FOR STIPULATED DISMISSAL WITH PREJUDICE: it is hereby ORDERED that all claims brought in this case against Defendant Clear Home, Inc. are DISMISSED WITH PREJUDUCE. Signed by District Judge John Preston Bailey on 8/3/2020. (copy to counsel via cm/ecf) (nmm)
July 31, 2020 Opinion or Order Filing 168 STIPULATION of Dismissal (Corrected Stipulation of Dismissal with Prejudice regarding Clear Home, Inc.) by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Everett Shelton, Thomas Stark, David Vance. (Attachments: #1 Proposed Order)(Barrett, John)
July 31, 2020 Opinion or Order Filing 167 VERIFICATION OF ATTORNEY ADMISSION to Jon F. Pfeifer. (counsel via CM/ECF) (ag)
July 30, 2020 Opinion or Order Filing 166 ORDER FOR STIPULATED DISMISSAL WITH PREJUDICE. Clear Home, Inc. (a DirecTV Authorized Dealer) terminated. Signed by District Judge John Preston Bailey on 7/30/2020. Motions terminated: #159 MOTION to Dismiss for Lack of Jurisdiction filed by Clear Home, Inc. (ag) (Additional attachment(s) added on 7/30/2020: #1 Certified Mail Return Receipt) (ag). Modified on 7/31/2020, NEF regenerated as to Jon F. Pfeifer (ag).
July 29, 2020 Opinion or Order Filing 165 STIPULATION of Dismissal (Stipulation of Dismissal with Prejudice regarding Clear Home, Inc.) by Stewart Abramson, Craig Cunningham, Russell Locke, Diana Mey, James Everett Shelton, Thomas Stark, David Vance. (Attachments: #1 Proposed Order)(Barrett, John) (Attachment 1 replaced on 7/31/2020 with the word "proposed" removed from order) (ag)
June 5, 2020 Opinion or Order Filing 164 CERTIFICATE OF SERVICE by Perfectvision Manufacturing, Inc. Initial Discovery Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1). (Manning, Jacob)
May 28, 2020 Opinion or Order Filing 163 NOTICE of Appearance by Denise D. Pentino on behalf of Perfectvision Manufacturing, Inc. (Pentino, Denise)
May 27, 2020 Opinion or Order Filing 162 Corporate Disclosure Statement by Perfectvision Manufacturing, Inc.. (Manning, Jacob)
May 27, 2020 Opinion or Order Filing 161 ANSWER to #151 Amended Complaint by Perfectvision Manufacturing, Inc..(Manning, Jacob)
May 22, 2020 Opinion or Order Filing 160 Corporate Disclosure Statement by Clear Home, Inc.. (Hanna, David)
May 22, 2020 Opinion or Order Filing 159 MOTION to Dismiss for Lack of Jurisdiction by Clear Home, Inc.. Responses due by 6/5/2020 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Certificate of Service)(Hanna, David)
May 19, 2020 Opinion or Order Filing 158 RETURN RECEIPT as to #156 ORDER GRANTING PERFECTVISION MANUFACTURING, INC'S MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO SECOND AMENDED COMPLAINT AND TO SERVE INITIAL DISCOVERY DISCLOSURES. SERVICE ACCEPTED on 5/12/2020. (nmm)
May 11, 2020 Opinion or Order Filing 157 STIPULATION re #151 Amended Complaint Agreed Stipulation to Extend Answer or Responsive Pleading Deadline for Defendant Clear Home, Inc. by Clear Home, Inc.. (Hanna, David)
April 24, 2020 Opinion or Order Filing 156 ORDER GRANTING PERFECTVISION MANUFACTURING, INC.S #155 MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO SECOND AMENDED COMPLAINT AND TO SERVE INITIAL DISCOVERY DISCLOSURES: Defendant PerfectVision Manufacturing, Inc. shall be granted until May 27, 2020 to answer or otherwise respond to the Second Amended Complaint, and until June 6, 2020 to serve its Initial Discovery Disclosures. Signed by District Judge John Preston Bailey on 4/24/2020. (copy to counsel via cm/ecf; copy to pro se defendant via cm,rrr) (nmm) Modified docket text on 4/27/2020 re: service copies (nmm). (Additional attachment(s) added on 4/28/2020: #1 Certified Mail Return Receipt) (nmm).
April 24, 2020 Opinion or Order Filing 155 MOTION for Extension of Time to File Answer re #151 Amended Complaint And to Serve Initial Discovery Disclosures by Perfectvision Manufacturing, Inc.. (Attachments: #1 Proposed Order)(Manning, Jacob)
April 13, 2020 Opinion or Order Filing 154 Xcite Satellite, LLC's ANSWER to #151 Amended Complaint (Second Amended Complaint) by Xcite Satellite, LLC.(Allen, Debra)
March 19, 2020 Opinion or Order Filing 152 VERIFICATION OF ATTORNEY ADMISSION for Attorneys Paronich, Broderick and McCue. (lmm)
March 19, 2020 Opinion or Order Filing 151 SECOND AMENDED CLASS ACTION COMPLAINT against All Defendants, filed by Diana Mey, Stewart Abramson, James Everett Shelton, Craig Cunningham, David Vance, Russell Locke, Thomas Stark.(lmm) Modified on 3/19/2020 to REGEN NEF to all counsel(lmm).
March 19, 2020 Opinion or Order Filing 150 Agreed Order Granting Plaintiffs' #149 Motion for Leave to File Second Amended Class Action Complaint. The Clerk is directed to file Plaintiffs' Second Amended Class Action Complaint. Signed by District Judge John Preston Bailey on 3/19/20. (lmm)
March 18, 2020 Opinion or Order Filing 149 MOTION for Leave to File Second Amended Class Action Complaint by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit A, #2 Proposed Order)(Barrett, John)
February 14, 2020 Opinion or Order Filing 148 MODIFICATION OF ATTORNEY CONTACT INFORMATION by Anthony Paronich. (dk)
February 14, 2020 Opinion or Order Filing 147 MODIFICATION OF ATTORNEY CONTACT INFORMATION by Edward A. Broderick. (dk) (Main Document 147 replaced with flattened document on 2/14/2020) (dk).
January 24, 2020 Opinion or Order Filing 146 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Certificate of Service regarding Plaintiffs' First Supplemental Rule 26(a)(1) Initial Disclosures) (Barrett, John)
January 17, 2020 Opinion or Order Filing 145 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
January 17, 2020 Opinion or Order Filing 144 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
January 17, 2020 Opinion or Order Filing 143 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
January 17, 2020 Opinion or Order Filing 142 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
January 17, 2020 Opinion or Order Filing 141 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
January 17, 2020 Opinion or Order Filing 140 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Subpoena) (Barrett, John)
December 2, 2019 Opinion or Order Filing 139 Mail sent to Exact Estimating LLC re #123 Clerk's Entry of Default Returned as Undeliverable: Return to Sender; Not Deliverable as Addressed; Unable to Forward. (nmm)
December 2, 2019 Opinion or Order Filing 138 Mail sent to Explosive Sales Marketing re: #118 Clerk's Entry of Default Returned as Undeliverable: Return to Sender; Unclaimed; Unable to Forward. (nmm)
December 2, 2019 Opinion or Order Filing 137 ORDER granting #133 Motion for Leave to Appear Pro Hac Vice for Kyle J. Steinmetz. Signed by District Judge John Preston Bailey on 12/2/2019. (copy to counsel via cm/ecf) (nmm)
December 2, 2019 Opinion or Order Filing 136 ORDER granting #132 Motion for Leave to Appear Pro Hac Vice for Hans J. Germann. Signed by District Judge John Preston Bailey on 12/2/2019. (copy to counsel via cm/ecf) (nmm)
November 26, 2019 Opinion or Order Filing 135 Pro Hac Vice Filing fee for Hans J. Germann and Kyle J. Steinmetz: $ 400.00, receipt number WVNW002331 (nmm)
November 19, 2019 Opinion or Order Filing 134 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Certificate of Service regarding Plaintiffs' Amended Notice of Deposition of Adam Cox) (Attachments: #1 Amended Notice of Deposition)(Barrett, John)
November 18, 2019 Opinion or Order Filing 133 First MOTION for Leave to Appear Pro Hac Vice Kyle J. Steinmetz by DirecTV, LLC. (Waltz, Danielle)
November 18, 2019 Opinion or Order Filing 132 First MOTION for Leave to Appear Pro Hac Vice Hans J. Germann by DirecTV, LLC. (Waltz, Danielle)
November 12, 2019 Opinion or Order Filing 131 Mail sent to Super Sale Outlets LLC #122 Clerk's ENTRY OF DEFAULT Returned as Undeliverable: Return to Sender; Insufficient Address; Unable to Forward. (nmm)
November 4, 2019 Opinion or Order Filing 130 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Certificate of Service regarding Plaintiffs' Notice of Deposition of Adam Cox). (Attachments: #1 Notice of Deposition)(Barrett, John)
November 1, 2019 Opinion or Order Filing 129 RETURN RECEIPT as to #119 Clerk's Entry of Default. SERVICE ACCEPTED on 10/25/2019. (kac)
October 30, 2019 Opinion or Order Filing 128 RETURN RECEIPT as to #117 Clerk's Entry of Default as to CDS VI, LLC. SERVICE ACCEPTED on 10/25/19 per USPS. (lmm)
October 30, 2019 Opinion or Order Filing 127 RETURN RECEIPT as to #120 Clerk's Entry of Default as to IQ Marketing 2, Corp. SERVICE ACCEPTED on 10/25/19 per USPS. (lmm)
October 29, 2019 Opinion or Order Filing 126 RETURN RECEIPT as to #121 Clerk's Entry of Default. as to Michael Asghari. SERVICE ACCEPTED on 10/25/19 per USPS. (lmm)
October 29, 2019 Opinion or Order Filing 125 RETURN RECEIPT as to #116 Clerk's Entry of Default as to Birju, LLC. SERVICE ACCEPTED on 10/25/19. (lmm)
October 25, 2019 Opinion or Order Filing 124 RETURN RECEIPT as to #106 ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL. SERVICE ACCEPTED on 10/21/2019. (nmm) Modified docket text to correct date of service on 10/25/2019: NEF Regenerated (nmm).
October 22, 2019 Opinion or Order Filing 123 Clerk's ENTRY OF DEFAULT as to Exact Estimating, LLC (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 122 Clerk's ENTRY OF DEFAULT as to Super Sale Outlets, LLC (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 121 Clerk's ENTRY OF DEFAULT as to Michael Asghari (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 120 Clerk's ENTRY OF DEFAULT as to IQ Marketing 2, Corp. (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 119 Clerk's ENTRY OF DEFAULT as to Kreatamotive LLC (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 118 Clerk's ENTRY OF DEFAULT as to Explosive Sales Marketing Group, Inc (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 117 Clerk's ENTRY OF DEFAULT as to CDS V1, LLC (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 116 Clerk's ENTRY OF DEFAULT as to Birju, LLC. (copy to counsel via cm/ecf; copy to defaulted party via cm,rrr) (nmm) (Additional attachment(s) added on 10/22/2019: #1 Certified Mail Return Receipt) (nmm).
October 22, 2019 Opinion or Order Filing 115 Mail sent to AC1 Communications c/o Donald Cox (Wheelersburg,OH) re #100 SECOND ORDER RESETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #84 MOTION, Returned as Undeliverable: Return to Sender; Not Deliverable as Addressed; Unable to Forward. (nmm)
October 21, 2019 Opinion or Order Filing 114 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry Of Default By The Clerk Against Defendant Exact Estimating, LLC by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter re Service, #4 Exhibit 4 - USPS Confirmation, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 113 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry Of Default By The Clerk Against Defendant Super Sale Outlets, LLC by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter re Service, #4 Exhibit 4 - USPS Confirmation, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 112 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry of Default By The Clerk Against Defendant Michael Asghari by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Original Complaint, #3 Exhibit 3 - Summons Returned Executed, #4 Exhibit 4 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 111 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry Of Default By The Clerk Against Defendant IQ Marketing 2, Corp., D/B/A Pacificom by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Original Complaint, #3 Exhibit 3 - Summons Returned executed, #4 Index 4 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 110 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry Of Default By The Clerk Against Defendant Kreatamotive, LLC by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter regarding service, #4 Exhibit 4 - USPS Confirmation, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 109 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion For Entry Of Default By The Clerk Against Defendant Explosive Sales Marketing Group, Inc. by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter regarding service, #4 Exhibit 4 - USPS Confirmation, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 108 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion for Entry of Default By The Clerk Against Defendant CDS V1, LLC d/b/a Complete Digital Solutions by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter regarding service, #4 Exhibit 4 - USPS Confirmation, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 21, 2019 Opinion or Order Filing 107 MOTION for Entry of Default Plaintiffs' Rule 55(a) Motion for Entry of Default By The Clerk Against Defendant Birju, LLC by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - First Amended Complaint, #3 Exhibit 3 - Letter with Service Information, #4 Exhibit 4 - USPS Proof of Service, #5 Exhibit 5 - Docket Sheet)(Barrett, John)
October 8, 2019 Opinion or Order Filing 106 ORDER GRANTING PLAINTIFFS' #84 MOTION TO COMPEL. Signed by Magistrate Judge James P. Mazzone on 10/8/19. (lmm) (Additional attachment(s) added on 10/10/2019: #1 Certified Mail Return Receipt) (lmm).
October 7, 2019 Opinion or Order Filing 105 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge James P. Mazzone: Evidentiary Hearing re #84 MOTION to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications filed by Craig Cunningham, James Everett Shelton, Stewart Abramson, Diana Mey held on 10/7/2019. (Court Reporter Cindy Knecht.) (lmm)
September 18, 2019 Opinion or Order Filing 104 NOTICE of Appearance by Benjamin J. Hogan on behalf of Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Hogan, Benjamin)
September 17, 2019 Opinion or Order Filing 103 RETURN RECEIPT as to AC1 Communications c/o Donald Cox re #100 SECOND ORDER RESETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #84 MOTION. SERVICE ACCEPTED on 9/14/2019. (nmm)
September 17, 2019 Opinion or Order Filing 102 RETURN RECEIPT as to Adam Cox re: #100 SECOND ORDER RESETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re 84 MOTION. SERVICE ACCEPTED on 9/14/2019. (nmm)
September 13, 2019 Opinion or Order Filing 101 Other Document re #98 Notice (Other) Response of Flaherty to Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises filed by Flaherty Sensabaugh Bonasso, PLLC. (Wakefield, Jeffrey)
September 12, 2019 Opinion or Order Filing 100 SECOND ORDER RESETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #84 MOTION to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications filed by Craig Cunningham, James Everett Shelton, Stewart Abramson, Diana Mey : the hearing is RESET for 10/7/2019 10:00 AM in Wheeling Magistrate Judge Courtroom, 4th Floor before Magistrate Judge James P. Mazzone. Signed by Magistrate Judge James P. Mazzone on 9/12/2019. (copy to Pro Se Defendant via cm,rrr; copy to counsel via cm/ecf) (nmm) (Additional attachment(s) added on 9/12/2019: #1 Certified Mail Return Receipt) (nmm).
August 28, 2019 Opinion or Order Filing 99 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Certificate of Service regarding Plaintiff's Second Request for Production of Documents) (Barrett, John)
August 28, 2019 Opinion or Order Filing 98 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton (Notice of Intent to Serve Subpoena) (Attachments: #1 Exhibit A)(Barrett, John)
August 21, 2019 Opinion or Order Filing 97 ORDER RESETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING. Responses due by 9/4/2019. Replu due by 9/11/2019. Oral Argument/ Evidentiary Hearing set for 9/16/2019 10:00 AM in Wheeling Magistrate Judge Courtroom, 4th Floor before Magistrate Judge James P. Mazzone. Signed by Magistrate Judge James P. Mazzone on 8/21/19. (lmm)
August 5, 2019 Opinion or Order Filing 96 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Notice of Intent to Serve Subpoena (Attachments: #1 Exhibit A - Subpoena for Dish Source)(Barrett, John)
March 7, 2019 Opinion or Order Filing 95 ORDER GRANTING #90 RENEWED MOTION FOR LEAVE TO WITHDRAW AND GRANTING 91 MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL. The law firm of Flaherty Sensabaugh Bonasso, PLLC, and Jeffrey M. Wakefield, Bryan N. Price, Jason L. Holliday, and Raymond L. Harrell, Jr. are hereby withdrawn as counsel of record for AC1 Communications and Adam Cox, and relieved from further representation of the same in this matter. Signed by District Judge John Preston Bailey on 3/7/2019. (copy to counsel via CM/ECF) (nmm)
March 6, 2019 Opinion or Order Filing 94 ORDER GRANTING #93 MOTION TO STAY. Signed by Magistrate Judge James P. Mazzone on 3/6/2019. (copy to counsel via CM/ECF) (nmm)
March 5, 2019 Opinion or Order Filing 93 MOTION to Stay re #88 Order,, Set Motion, Evidentiary, R&R and Social Security Oral Argument Deadlines/Hearings, #84 MOTION to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications by AC1 Communications, Adam Cox. (Price, Bryan)
March 5, 2019 Opinion or Order Filing 92 RESPONSE in Opposition re #90 MOTION to Withdraw as Attorney and Be Relieved as Counsel filed by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Barrett, John)
March 5, 2019 Opinion or Order Filing 90 MOTION to Withdraw as Attorney and Be Relieved as Counsel by AC1 Communications, Adam Cox. (Attachments: #1 Exhibit A)(Price, Bryan)
February 27, 2019 Opinion or Order Filing 89 ORDER GRANTING #82 DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD-PARTY PETITION. Defendant Mylan Johnson Group is DIRECTED to RE-FILE its third-party complaint. Signed by District Judge John Preston Bailey on 2/27/2019. (copy to counsel via CM/ECF) (nmm)
February 22, 2019 Opinion or Order Filing 88 ORDER SETTING DEADLINES AND ORAL ARGUMENT/EVIDENTIARY HEARING re #84 MOTION to Compel. Responses due by 3/7/2019. Replies due by 3/14/2019. Motion Hearing set for 3/25/2019 10:00 AM in Wheeling Magistrate Judge Courtroom, 4th Floor before Magistrate Judge James P. Mazzone. Signed by Magistrate Judge James P. Mazzone on 2/22/19. (lmm)
February 21, 2019 Opinion or Order Filing 87 ORDER OF REFERRAL re #84 MOTION to Compel. Signed by District Judge John Preston Bailey on 2/21/19. (lmm)
February 21, 2019 Opinion or Order Filing 86 ORDER DENYING WITHOUT PREJUDICE #83 MOTION FOR LEAVE TO WITHDRAW AND BE RELIEVED AS COUNSEL FOR AC1 COMMUNICATIONS AND ADAM COX. Signed by District Judge John Preston Bailey on 2/21/19. (lmm)
February 21, 2019 Opinion or Order Filing 85 MEMORANDUM in Support of Plaintiffs' Motion to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton re #84 MOTION to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications . (Attachments: #1 Exhibit A - Correspondence, #2 Exhibit B - Affidavit, #3 Text of Proposed Order)(Barrett, John)
February 21, 2019 Opinion or Order Filing 84 MOTION to Compel Responses to Plaintiffs' First Set of Discovery Requests to AC1 Communications by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton. (Barrett, John)
February 20, 2019 Opinion or Order Filing 83 MOTION to Withdraw as Attorney and Be Relieved as Counsel for AC1 Communications and Adam Cox by AC1 Communications, Adam Cox. (Price, Bryan)
February 6, 2019 Opinion or Order Filing 82 DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD-PARTY PETITION, by Mylan Johnson Group. (Attachments: #1 Proposed Third-Party Plaintiff's Original Petition & Request for Disclosure, #2 copy of Summons issued to Mylan Johnson Group, #3 Envelope) (copy to counsel via CM/ECF) (nmm)
January 31, 2019 Opinion or Order Filing 81 PROTECTIVE ORDER granting #80 Joint Motion for Protective Order. Signed by District Judge John Preston Bailey on 1/31/2019. (copy to counsel via CM/ECF) (nmm)
January 30, 2019 Opinion or Order Filing 80 Joint MOTION for Protective Order by Xcite Satellite, LLC. (Attachments: #1 Text of Proposed Order)(Allen, Debra)
January 29, 2019 Opinion or Order Filing 79 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Notice of Intent to Serve Subpoena (Attachments: #1 Exhibit A - Subpoena for FirstStep bpo PVT Ltd)(Barrett, John)
January 18, 2019 Opinion or Order Filing 78 CERTIFICATE OF SERVICE by Xcite Satellite, LLC for Responses to Plaintiff's First Set of Discovery Requests. (Allen, Debra)
January 18, 2019 Opinion or Order Filing 77 ANSWER to #57 Amended Complaint by Xcite Satellite, LLC.(Allen, Debra)
December 28, 2018 Opinion or Order Filing 76 STIPULATION of Extension of Time in which Defendant XCite Satellite may Answer or Otherwise Respond to Plaintiffs' Complaint by XCite Satellite, LLC. (Allen, Debra)
December 7, 2018 Opinion or Order Filing 75 CERTIFICATE OF SERVICE by Adam Cox Responses of Adam Cox to Plaintiff's First Set of Discovery Requests. (Holliday, Jason)
December 7, 2018 Opinion or Order Filing 74 CERTIFICATE OF SERVICE by AC1 Communications Responses of AC1 Communications to Plaintiff's First Set of Discovery Requests. (Holliday, Jason)
December 6, 2018 Opinion or Order Filing 73 NOTICE of Appearance by Jason Lee Holliday on behalf of AC1 Communications, Adam Cox (Holliday, Jason)
December 5, 2018 Opinion or Order Filing 72 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Notice of Intent to Serve Subpoena (Attachments: #1 Exhibit A - Subpoena for Electronic Voice Services)(Barrett, John)
December 3, 2018 Opinion or Order Filing 71 SUMMONS Returned Executed as to Birju, LLC; CDS V1, LLC ; Exact Estimating, LLC; Explosive Sales Marketing Group, Inc; Kreatamotive LLC; Mylan Johnson Group; Nas Air Logistics, LLC; Pic Six, LLC; Super Sale Outlets, LLC; Xcite Satellite, LLC All Served on 11/27/2018. (nmm)
November 30, 2018 Opinion or Order Filing 70 CERTIFICATE OF SERVICE by AC1 Communications, Adam Cox Amended Rule 26(a)(1) Disclosures. (Price, Bryan)
November 29, 2018 Opinion or Order Filing 69 NOTICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Notice of Intent to Serve Subpoena (Attachments: #1 Exhibit A - Subpoena)(Barrett, John)
November 21, 2018 Opinion or Order Filing 68 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Super Sale Outlets LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 67 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Pic Six LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 66 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Nas Air Logistics LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 65 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Mylan Johnson Group. (Barrett, John)
November 21, 2018 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Kreatamotive LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 63 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Explosive Sales Marketing Group, Inc.. (Barrett, John)
November 21, 2018 Opinion or Order Filing 62 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiffs' First Set of Discovery to Exact Estimating LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 61 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiff's First Set of Discovery to CDS V1, LLCdba Complete Digital Solutions. (Barrett, John)
November 21, 2018 Opinion or Order Filing 60 CERTIFICATE OF SERVICE by Stewart Abramson, Craig Cunningham, Diana Mey, James Everett Shelton Plaintiff's First Set of Discovery to Birju, LLC. (Barrett, John)
November 21, 2018 Opinion or Order Filing 59 ANSWER to #57 Amended Complaint by AC1 Communications, Adam Cox.(Price, Bryan)
November 1, 2018 Opinion or Order Filing 57 FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants, filed by Diana Mey. (copy to counsel via CM/ECF) (nmm)
November 1, 2018 Opinion or Order Filing 56 AGREED ORDER GRANTING #55 PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED CLASS ACTION COMPLAINT. The Clerk is directed to file Plaintiff's Amended Complaint. Signed by District Judge John Preston Bailey on 11/1/2018. (copy to counsel via CM/ECF) (nmm)
October 26, 2018 Opinion or Order Filing 55 MOTION for Leave to File Amended Class Action Complaint by Diana Mey. (Attachments: #1 Attachment First Amended Class Action Complaint, #2 Text of Proposed Order)(Barrett, John)
October 25, 2018 Opinion or Order Filing 54 ORDER: Granting #51 Motion for Leave to Appear PHV for Anthony Paronich. Signed by District Judge John Preston Bailey on 10/25/18. (soa)
October 25, 2018 Opinion or Order Filing 53 ORDER: Granting #50 Motion for Leave to Appear PHV for Edward Broderick. Signed by District Judge John Preston Bailey on 10/25/18. (soa)
October 19, 2018 Opinion or Order Filing 52 Pro Hac Vice Filing fee for Anthony Paronich and Edward Broderick: $ 400.00, receipt number WVNW002009 (nmm)
October 19, 2018 Opinion or Order Filing 51 MOTION for Leave to Appear Application to Appear Pro Hac Vice for Anthony Paronich by Diana Mey. (Barrett, John)
October 19, 2018 Opinion or Order Filing 50 MOTION for Leave to Appear Application to Appear Pro Hac Vice for Edward Broderick by Diana Mey. (Barrett, John)
September 26, 2018 Opinion or Order Filing 49 NOTICE of Appearance by Sharon F. Iskra on behalf of Diana Mey (Iskra, Sharon)
September 6, 2018 Opinion or Order Filing 48 CERTIFICATE OF SERVICE by Diana Mey Plaintiff's First Set of Discovery Requests to Adam Cox. (Barrett, John)
September 6, 2018 Opinion or Order Filing 47 CERTIFICATE OF SERVICE by Diana Mey Plaintiff's First Set of Discovery Requests to AC1 Communications. (Barrett, John)
July 25, 2018 Opinion or Order Filing 46 ORDER DENYING #40 MOTION TO STAY PROCEEDINGS PENDING APPEAL. Signed by District Judge John Preston Bailey on 7/25/18. (lmm)
July 9, 2018 Opinion or Order Filing 45 REPLY to Response to Motion re #40 MOTION to Stay Proceedings Pending Appeal and Supporting Memorandum of Law filed by AC1 Communications, Adam Cox. (Harrell, Raymond)
June 27, 2018 Opinion or Order Filing 44 STIPULATION EXTENDING TIME FOR DEADLINE TO FILE REPLY TO PLAINTIFF DIANA MEYS OPPOSITION TO DEFENDANTS AC1 COMMUNICATIONS AND ADAM COXS MOTION TO STAY PENDING APPEAL by AC1 Communications, Adam Cox. (Harrell, Raymond)
June 21, 2018 Opinion or Order Filing 43 RESPONSE in Opposition re #40 MOTION to Stay Proceedings Pending Appeal and Supporting Memorandum of Law filed by Diana Mey. (Barrett, John)
June 8, 2018 Opinion or Order Filing 42 REPORT of Rule 26(f) Planning Meeting. (Donovan, Ryan)
June 8, 2018 Opinion or Order Filing 41 CERTIFICATE OF SERVICE by AC1 Communications and Adam Cox. (Price, Bryan)
June 7, 2018 Opinion or Order Filing 40 MOTION to Stay Proceedings Pending Appeal and Supporting Memorandum of Law by AC1 Communications, Adam Cox. (Harrell, Raymond)
June 7, 2018 Opinion or Order Filing 39 NOTICE of Appearance by Raymond L. Harrell, Jr on behalf of AC1 Communications, Adam Cox (Harrell, Raymond)
June 4, 2018 Opinion or Order Filing 38 ORDER GRANTING #37 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: counsel Sandra Henson Kinney is hereby TERMINATED from this action and is relieved from any further representation of the plaintiff. Signed by District Judge John Preston Bailey on 6/4/2018. (copy to counsel via CM/ECF) (nmm)
June 1, 2018 Opinion or Order Filing 37 NOTICE by Diana Mey Notice of Withdrawal as Counsel (Kinney, Sandra) Modified event type on 6/4/2018 (nmm).
May 30, 2018 Opinion or Order Filing 36 ORDER EXTENDING DEADLINE TO FILE REPORT OF PARTIES' PLANNING MEETING: granting #34 Motion for Extension of Time to File; Rule 26 Meeting Report due by 6/8/2018. Signed by District Judge John Preston Bailey on 5/30/2018. (copy to counsel via CM/ECF) (nmm)
May 29, 2018 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by Diana Mey for Plaintiff's Rule 26(a)(1) Disclosures. (Barrett, John)
May 25, 2018 Opinion or Order Filing 34 Joint MOTION for Extension of Time to File Report of Parties' Planning Meeting by DirecTV, LLC. (Attachments: #1 Text of Proposed Order)(Waltz, Danielle)
May 14, 2018 Opinion or Order Filing 33 ORDER EXTENDING DEADLINE TO FILE REPORT OF PARTIES' PLANNING MEETING: granting #30 Joint Motion for Extension of Time to File; Report of Parties' Planning Meeting due by 5/25/2018. Signed by District Judge John Preston Bailey on 5/14/2018. (copy to counsel via CM/ECF) (nmm)
May 14, 2018 Opinion or Order Filing 32 USCA NOTICE OF APPELLATE CASE OPENING: re #29 Notice of Appeal filed by DirecTV, LLC. USCA Fourth Circuit USCA Case Number: 18-1534. Case Manager: Anisha Walker (804-916-2704). (nmm)
May 11, 2018 Opinion or Order Filing 31 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #29 Notice of Appeal (nmm)
May 11, 2018 Opinion or Order Filing 30 Joint MOTION for Extension of Time to File Report of Parties' Planning Meeting by Diana Mey. (Attachments: #1 Text of Proposed Order)(Barrett, John)
May 11, 2018 Opinion or Order Filing 29 NOTICE OF APPEAL as to #28 Order on Motion to Compel, by DirecTV, LLC. Filing fee $; 505, receipt number 0424-2585981. Appeal Record due by 5/25/2018. (Waltz, Danielle)
April 25, 2018 Opinion or Order Filing 28 ORDER DENYING #15 MOTION TO COMPEL ARBITRATION AND TO STAY LITIGATION. Signed by District Judge John Preston Bailey on 4/25/2018. (copy to counsel via CM/ECF) (nmm)
April 11, 2018 Opinion or Order Filing 27 Corporate Disclosure Statement by AC1 Communications. (Price, Bryan)
March 27, 2018 Opinion or Order Filing 26 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 4/27/2018; Rule 26 Meeting Report due by 5/11/2018; Initial Discovery Disclosures due by 5/28/2018. Signed by District Judge John Preston Bailey on 3/27/2018. (copy to counsel via CM/ECF) (nmm)
March 26, 2018 Opinion or Order Filing 25 Adam Cox and AC1 Communications ANSWER to #1 Complaint, by AC1 Communications, Adam Cox. (Attachments: #1 Civil Cover Sheet)(Price, Bryan)
March 20, 2018 Opinion or Order Filing 24 ORDER granting #18 Motion for Leave to Appear Pro Hac Vice for Matthew P. McCue. Signed by District Judge John Preston Bailey on 3/20/2018. (copy to counsel via CM/ECF) (nmm)
March 16, 2018 Opinion or Order Filing 23 REPLY to Response to Motion re #15 MOTION to Compel Arbitration and to Stay Litigation and Supporting Memorandum of Law filed by DirecTV, LLC. (Waltz, Danielle)
March 14, 2018 Opinion or Order Filing 22 STIPULATION Second Stipulation to Extend Answer or Responsive Pleading Deadline for Defendats Adam Cox and ACI Communications by AC1 Communications, Adam Cox. (Price, Bryan)
March 5, 2018 Opinion or Order Filing 21 STIPULATION to Extend Deadline by DirecTV, LLC. (Waltz, Danielle)
March 2, 2018 Opinion or Order Filing 20 RESPONSE in Opposition re #15 MOTION to Compel Arbitration and to Stay Litigation and Supporting Memorandum of Law filed by Diana Mey. (Barrett, John)
March 1, 2018 Opinion or Order Filing 19 Pro Hac Vice Filing fee for Matthew McCue: $ 200.00, receipt number WVNC002148 (nmm) Modified docket text on 3/1/2018 to correct typo re: Atty. name: NEF Regenerated to Atty. McCue only (nmm).
March 1, 2018 Opinion or Order Filing 18 MOTION for Leave to Appear Application for Admission Pro Hac Vice of Matthew McCue by Diana Mey. (Barrett, John)
February 23, 2018 Opinion or Order Filing 17 STIPULATION Agreed Stipulation to Extend Answer or Responsive Pleading Deadline for Defendants Adam Cox and ACI Communications by Adam Cox, IQ Marketing 2, Corp.. (Price, Bryan)
February 16, 2018 Opinion or Order Filing 16 Corporate Disclosure Statement by DirecTV, LLC. (Waltz, Danielle)
February 16, 2018 Opinion or Order Filing 15 MOTION to Compel Arbitration and to Stay Litigation and Supporting Memorandum of Law by DirecTV, LLC. (Attachments: #1 Exhibit Lewis Declaration, #2 Exhibit Phillips Declaration, #3 Exhibit Ketmayura Declaration)(Waltz, Danielle)
February 14, 2018 Opinion or Order Filing 14 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice for Archis A. Parasharami. Signed by District Judge John Preston Bailey on 2/14/2018. (copy to counsel via CM/ECF) (nmm)
February 14, 2018 Opinion or Order Filing 13 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of Daniel E. Jones. Signed by District Judge John Preston Bailey on 2/14/18. (lmm)
February 14, 2018 Opinion or Order Filing 12 Pro Hac Vice Filing fee for Daniel E. Jones and Archis A. Parasharami: $ 400.00, receipt number WVNW001853 (nmm)
February 13, 2018 Opinion or Order Filing 11 STIPULATION to Extend Answer or Responsive Pleading Deadline by DirecTV, LLC. (Waltz, Danielle)
February 12, 2018 Opinion or Order Filing 10 MOTION for Leave to Appear pro hac vice of Archis A. Parasharami by DirecTV, LLC. (Waltz, Danielle)
February 12, 2018 Opinion or Order Filing 9 MOTION for Leave to Appear pro hac vice of Daniel E. Jones by DirecTV, LLC. (Waltz, Danielle)
February 7, 2018 Opinion or Order Filing 8 SUMMONS Returned Executed as to Michael Asghari served on 1/24/2018. (Barrett, John)
February 7, 2018 Opinion or Order Filing 7 SUMMONS Returned Executed as to IQ Marketing 2, Corp. served on 1/24/2018. (Barrett, John)
February 7, 2018 Opinion or Order Filing 6 SUMMONS Returned Executed as to AC1 Communications served on 1/27/2018. (Barrett, John)
February 7, 2018 Opinion or Order Filing 5 SUMMONS Returned Executed as to Adam Cox served on 1/27/2018. (Barrett, John)
January 30, 2018 Opinion or Order Filing 4 STIPULATION to Extend Answer or Responsive Pleading Deadline by DirecTV, LLC. (Waltz, Danielle)
January 10, 2018 Opinion or Order Filing 3 SUMMONS Returned Executed as to DirecTV, LLC served on 1/9/2018. (nmm)
December 11, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by Diana Mey. Filing Fee $400 - Receipt #0424-2486021. (Attachments: #1 Exhibit 1 - US and DirecTV settlement (Stipulated Judgment and Order for Permanent Injunction Against DirecTV, Inc.), #2 Exhibit 2 - Telemarketing Sales Rule(Stipulated Judgment and Order for Permanent Injunction Against DirecTV, Inc.), #3 Civil Cover Sheet) (copy to counsel via CM/ECF) (nmm)

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Search for this case: Vance, et al. v. DirecTV, LLC et al
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Defendant: AC1 Communications
Represented By: Bryan N Price
Represented By: Jason Lee Holliday
Represented By: Jeffrey M. Wakefield
Represented By: Raymond L. Harrell, Jr.
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Defendant: Michael Asghari
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Defendant: IQ Marketing 2, Corp.
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Defendant: DirecTV, LLC
Represented By: Benjamin D. Bright
Represented By: Blair Elizabeth Wessels
Represented By: Andrew Wirmani
Represented By: Archis A. Parasharmi
Represented By: Brett Stephen Rosenthal
Represented By: Daniel E. Jones
Represented By: Danielle Waltz
Represented By: Kyle J. Steinmetz
Represented By: Laura Hoffman Lorensen
Represented By: Lauren R. Goldman
Represented By: Pete D Marketos
Represented By: Hans J. Germann
Represented By: Sarah A. Phipps
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Defendant: Adam Cox
Represented By: Bryan N Price
Represented By: Jason Lee Holliday
Represented By: Jeffrey M. Wakefield
Represented By: Raymond L. Harrell, Jr.
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Defendant: IQ Marketing 2, Corp. doing business as Pacificom
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Defendant: Birju, LLC
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Defendant: CDS V1, LLC doing business as Complete Digital Solutions, a DirecTV Authorized Dealer
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Defendant: Clear Home, Inc.
Represented By: Jon F. Pfeifer
Represented By: David B. Hanna
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Defendant: Exact Estimating, LLC
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Defendant: Explosive Sales Marketing Group, Inc
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Defendant: IQ Marketing 2, Corp. doing business as Pacificom, a DirecTV Authorized Dealer, and its principal, Michael Asghari
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Defendant: Kreatamotive LLC
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Defendant: Mylan Johnson Group
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Defendant: Nas Air Logistics, LLC
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Defendant: Perfectvision Manufacturing, Inc.
Represented By: Denise D. Pentino
Represented By: Jacob A. Manning
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Defendant: Fati Tech LLC
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Defendant: SNY Marketing
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Defendant: Pic Six, LLC
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Defendant: Pro Edge Marketing Service LLC
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Defendant: Super Sale Outlets, LLC
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Defendant: Xcite Satellite, LLC
Represented By: Christina S Terek
Represented By: Debra Lee Allen
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Plaintiff: Diana Mey
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Ryan McCune Donovan
Represented By: Sandra Henson Kinney
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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Plaintiff: Craig Cunningham
Represented By: Anthony Paronich
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
Represented By: Benjamin J. Hogan
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Plaintiff: Stewart Abramson
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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Plaintiff: James Shelton
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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Plaintiff: David Vance
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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Plaintiff: Roxie Vance
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Sharon F. Iskra
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Plaintiff: Russell Locke
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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Plaintiff: Thomas Stark
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Matthew P McCue
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Sharon F. Iskra
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Plaintiff: Carla Shultz
Represented By: Anthony Paronich
Represented By: Benjamin J. Hogan
Represented By: Edward A. Broderick
Represented By: John W. Barrett
Represented By: Jonathan R Marshall
Represented By: Matthew P McCue
Represented By: Sharon F. Iskra
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