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ConsumerDirect, Inc. v. Pentius, LLC et al

8:21-cv-01968 | California Central District Court

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Division Santa Ana (Southern Division)
Judge Judge James V. Selna
Filed Dec. 1, 2021
Case Flags ACCO, (ADSx), DISCOVERY, MJDAP_OUT, PROTORD, and REOPENED
Magistrate Magistrate Judge Autumn D. Spaeth
Nature of Suit 840 Trademark
Cause 15:1114 Trademark Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
3/4/2025Minutes of In Chambers Order/Directive - no proceeding held
2/22/2025Supplement (Motion related)
2/22/2025Supplement
2/6/2025578MINUTES OF Telephone Status Conference held before Judge James V. Selna: The Court confers with the parties. The Court ORDERS plaintiff to produce financial information for 2023 and interim information for 2024 by 12 noon on Wednesday, February 12, 2024. If the information is not produced by the deadline the Court will impose sanctions of $1,000.00 a day. Court Reporter: Sharon Seffens. Attorney for Plaintiff: Robert Muller, John Wollman; Attorney for Defendant: Pete Marketos, Tyler Bexley, Whitney Wendel. Courtroom Deputy: Elsa Vargas; Time in Court: 00:07. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (eva) (Entered: 02/06/2025)
2/4/2025577[IN CHAMBERS] SCHEDULING NOTICE by Judge James V. Selna: The Court, with the agreement of counsel, sets a Telephonic Status Conference on Thursday, February 06, 2025, at 10:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 02/04/2025)
2/4/2025ORDER GRANTING STIPULATION REGARDING BRIEFING DEADLINE 573 by Judge James V. Selna. THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. The deadline for the parties to file their respective briefs on the structure of a new trial is February 21, 2024; 3. The parties' briefs shall be limited to 10 pages; and 4. Unless requested by the Court, no responses or replies will be permitted. (es) (Entered: 02/04/2025)
2/3/2025RESPONSE filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.to REQUEST for Hearing Status Conference, re Order on Motion for New Trial,, 572 , 574 (Muller, Robert) (Entered: 02/03/2025)
2/3/2025 REQUEST for Hearing Status Conference, re Order on Motion for New Trial,, 572 , filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 02/03/2025)
2/3/2025Joint STIPULATION for Extension of Time to File Supplemental Briefing filed by Defendant Array US, Inc..(Bexley, Tyler) (Entered: 02/03/2025)
1/9/2025[IN CHAMBERS] Order Regarding Motion for New Trial 554 by Judge James V. Selna: The Parties appeared for oral argument on November 18, 2024. At the close of argument, the Court ordered each party to submit a supplemental brief on the issue of whether a new trial is required under federal rules of procedure. (Dkt. No. 569.) ConsumerDirect and Array both filed a supplemental brief. (ConsumerDirect's Supp. Brief, Dkt. No. 570; Array's Supp. Brief, Dkt. No. 571.) For the following reasons, the Court GRANTS the motion for new trial. [See document for further information.] (es) (Entered: 01/09/2025)
12/2/2024SUPPLEMENT to NOTICE OF MOTION AND MOTION for New Trial 554 (Supplemental Opposition) filed by Counter Claimant Array US, Inc.. (Bexley, Tyler) (Entered: 12/02/2024)
12/2/2024SUPPLEMENT to NOTICE OF MOTION AND MOTION for New Trial 554 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Muller, Robert) (Entered: 12/02/2024)
11/18/2024569MINUTES OF Hearing on Plaintiff/Counter-Defendant Motion for New Trial 554 held before Judge James V. Selna: The Court's tentative ruling is issued. The Court hears oral argument from the parties. As stated on the record, the Court orders the parties to file simultaneous briefs regarding the 59e argument and whether a new trial would necessitate trial of liability issues before considering punitive damages. Briefs should no more than 10 pages and filed within 10 days of this order. The Court takes the motion under submission. A separate order to issue. Court Reporter: Sharon Seffens. Attorneys for Plaintiff: Robert Mullen, John Wollman; Attorneys for Defendant: Pete Marketos, Tyler Bexley. Courtroom Deputy: Elsa Vargas; Time in Court: 00:38. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (eva) (Entered: 11/18/2024)
11/1/2024REPLY in support of NOTICE OF MOTION AND MOTION for New Trial 554 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Muller, Robert) (Entered: 11/01/2024)
10/30/2024BILL OF COSTS. Costs Taxed in amount of $ 55,477.96 in favor of Array US. Inc and against ConsumerDirect, Inc.. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff ConsumerDirect, Inc. re: Judgment, 537 , 544 (cp) (Entered: 10/31/2024)
10/28/2024MINUTES (IN CHAMBERS) Order Regarding Motion and Renewed Motion for Judgment as a Matter of Law, or, in the Alternative, for New Trial 552 by Judge James V. Selna: For the foregoing reasons, the Court DENIES the motion for renewed judgment as a matter of law. The Court also DENIES the motion for new trial on the interference tort claim. (SEE DOCUMENT FOR FURTHER DETAILS.) (et) (Entered: 10/29/2024)
10/28/2024565MINUTES OF Hearing on Plaintiff/Counter-Defendant Motion for Judgment as a Matter of Law or in the alternative, for a New Trial 552 held before Judge James V. Selna: The Court's tentative ruling is issued. Motion is argued and taken under submission. A separate order to issue. Court Reporter: Sharon Seffens. Attorneys for Plaintiff: Proud Usahacharoenporn, Robert Muller; Attorneys for Defendant: Tyler Bexley, Whitney Wendel. Courtroom Deputy: Elsa Vargas; Time in Court: 00:27. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (eva) (Entered: 10/28/2024)
10/18/2024OPPOSITION to NOTICE OF MOTION AND MOTION for New Trial 552 , NOTICE OF MOTION AND MOTION for New Trial 554 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Response in Opposition to ConsumerDirect, Inc.'s Motion for New Trial on the Amount of Punitive Damages, # 2 Exhibit A, # 3 Exhibit B)(Bexley, Tyler) (Entered: 10/18/2024)
10/14/2024REPLY in Support of Motion NOTICE OF MOTION AND MOTION for New Trial 552 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 10/14/2024)
10/7/2024OPPOSITION to NOTICE OF MOTION AND MOTION for New Trial 552 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Response in Opposition to ConsumerDirect, Inc.'s Motion for Judgment as a Matter of Law, Or in the Alternative, For New Trial, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Bexley, Tyler) (Entered: 10/07/2024)
10/1/2024ORDER CONTINUING HEARING DATE ON CONSUMERDIRECT'S FRCP 59(A) MOTION FOR NEW TRIAL RE AMOUNT OF PUNITIVE DAMAGES AND SETTING BRIEFING SCHEDULE RE SAME 559 by Judge James V. Selna, The Court, hereby ORDERS as follows: 1. The Hearing on the Rule 59(a) Motion [Docket No. 554] shall be continued from October 28, 2024, to November 18, 2024, at 1:30 p.m., in Courtroom 10C of the above-entitled court; 2. The briefing schedule for the Rule 59(a) Motion shall be set as follows: a. Opposition to the Rule 59(a) Motion shall be filed by October 18, 2024; and b. Reply in support of the Rule 59(a) Motion shall be filed by November 1, 2024. 3. ConsumerDirect's FRCP 50(b) Motion for Judgment as a Matter of Law or, in the alternative, for New Trial under FRCP 59(a) ("Rule 50(b) Motion"), will keep the same October 28, 2024, hearing date and same briefing schedule as before: a. Opposition to the Rule 50(b) Motion is due by October 7, 2024; and b. Reply in support of the Rule 50(b) Motion is due by October 14, 2024. (es) (Entered: 10/01/2024)
10/1/2024BILL OF COSTS. Costs Taxed in amount of $3924.15 in favor of Defendant and against Plaintiff. RE: APPLICATION to the Clerk to Tax Costs against Plaintiff ConsumerDirect, Inc. re: Judgment 537 , 548 (kr) (Entered: 10/01/2024)
9/25/2024Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION for New Trial 552 , NOTICE OF MOTION AND MOTION for New Trial 554 filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order)(Bexley, Tyler) (Entered: 09/25/2024)
9/23/2024Notice of Posting of Appeal BOND in the amount of $ 1,800,000.00 posted by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc. (Attachments: # 1 Exhibit A - Appeal Bond) (Muller, Robert) (Entered: 09/23/2024)
9/23/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF RENEWED MOTION FOR JUDGMENT, OR NEW TRIAL under seal 550 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Attachments: # 1 Exhibit C Part 1 of 2, # 2 Exhibit C Part 2 of 2, # 3 Exhibit D, # 4 Exhibit E)(Usahacharoenporn, Proud) (Entered: 09/23/2024)
9/20/2024MINUTES (IN CHAMBERS) Order Regarding Motion to Approve Amount of Supersedeas Bond or, in the Alternative, Extend Time to Determine Bond and Stay Enforcement of Judgment 542 by Judge James V. Selna: The Court DENIES in Part the motion. Accordingly, the Court VACATES the September 23, 2024, hearing. See document for further details. (jp) (Entered: 09/20/2024)
9/20/2024ORDER by Judge James V. Selna: GRANTING CONSUMERDIRECT, INC.S APPLICATION FOR LEAVE TO FILE DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (FRCP 50), OR, IN THE ALTERNATIVE, FOR NEW TRIAL (FRCP 59) UNDER SEAL 550 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 09/20/2024)
9/19/2024 NOTICE OF MOTION AND MOTION for New Trial filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 10/28/2024 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Proud Usahacharoenporn, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Proposed Order) (Usahacharoenporn, Proud) (Entered: 09/19/2024)
9/19/2024PROOF OF SERVICE filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc., re APPLICATION to file document DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF RENEWED MOTION FOR JUDGMENT, OR NEW TRIAL under seal 550 served on September 19, 2024. (Usahacharoenporn, Proud) (Entered: 09/19/2024)
9/19/2024 NOTICE OF MOTION AND MOTION for New Trial filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 10/28/2024 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Proud Usahacharoenporn, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C Redacted, # 5 Exhibit D Redacted, # 6 Exhibit E Redacted, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Proposed Order) (Usahacharoenporn, Proud) (Entered: 09/19/2024)
9/19/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF RENEWED MOTION FOR JUDGMENT, OR NEW TRIAL under seal 550 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Attachments: # 1 Exhibit C Part 1 of 2, # 2 Exhibit C Part 2 of 2, # 3 Exhibit D, # 4 Exhibit E)(Usahacharoenporn, Proud) (Entered: 09/19/2024)
9/19/2024 APPLICATION to file document DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF RENEWED MOTION FOR JUDGMENT, OR NEW TRIAL under seal filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 09/19/2024)
9/16/2024REPLY in support of NOTICE OF MOTION AND MOTION for Order for to (1) Approve Amount of Supersedeas Bond or, in the Alternative, (2) Extend Time to Determine/Approve Bond and Stay Enforcement of Judgment Pending Resolution of Post-Judgment Motions 542 filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. (Muller, Robert) (Entered: 09/16/2024)
9/11/2024 APPLICATION to the Clerk to Tax Costs against Plaintiff ConsumerDirect, Inc. re: Judgment,,,,,,, 537 , filed by Defendant Pentius, LLC. (Attachments: # 1 Appendix In Support of Bill of Costs) (Bowman, Ashley) (Entered: 09/11/2024)
9/9/2024OPPOSITION to NOTICE OF MOTION AND MOTION for Order for to (1) Approve Amount of Supersedeas Bond or, in the Alternative, (2) Extend Time to Determine/Approve Bond and Stay Enforcement of Judgment Pending Resolution of Post-Judgment Motions 542 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/09/2024)
9/5/2024ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT PENTIUS, LLC TO FILE ITS APPLICATION TO THE CLERK TO TAX COSTS 543 by Judge James V. Selna. THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; and 2. Defendant Pentius, LLC may have up to and including September 11, 2024, to file its Application to the Clerk to Tax Costs. (es) (Entered: 09/05/2024)
9/5/2024ORDER SHORTENING TIME FOR HEARING ON CONSUMERDIRECT'S FRCP 62(b) MOTION TO (1) APPROVE AMOUNT OF SUPERSEDEAS BOND AND (2) EXTEND TIME TO POST BOND AND STAY ENFORCEMENT OF JUDGMENT PENDING RESOLUTION OF POST-JUDGMENT MOTIONS 541 by Judge James V. Selna. The Court, hereby ORDERS as follows: 1. Notice of hearing on the Motion [Docket No. 542 ] shall be shortened such that the hearing on the Motion shall be advanced from September 30, 2024, to September 23, 2024, at 1:30 p.m., in Courtroom 10C of the above-entitled court; 2. The briefing schedule for the Motion shall be as follows: a. Opposition to the Motion shall be filed by September 9, 2024; and b. Reply in support of the Motion shall be filed by September 16, 2024. (es) (Entered: 09/05/2024)
9/5/2024 APPLICATION to the Clerk to Tax Costs against Plaintiff ConsumerDirect, Inc. re: Judgment,,,,,,, 537 , filed by Defendant Array US, Inc.. (Attachments: # 1 Appendix) (Bexley, Tyler) (Entered: 09/05/2024)
9/4/2024 STIPULATION for Extension of Time to File Application To The Clerk To Tax Costs filed by Defendant Pentius, LLC. (Attachments: # 1 Proposed Order)(Bowman, Ashley) (Entered: 09/04/2024)
9/2/2024 NOTICE OF MOTION AND MOTION for Order for to (1) Approve Amount of Supersedeas Bond or, in the Alternative, (2) Extend Time to Determine/Approve Bond and Stay Enforcement of Judgment Pending Resolution of Post-Judgment Motions filed by Plaintiff and Counter Defendant ConsumerDirect, Inc.. Motion set for hearing on 9/30/2024 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Usahacharoenporn, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order) (Usahacharoenporn, Proud) (Entered: 09/02/2024)
9/2/2024 STIPULATION for Order Shortening Time for Hearing and Briefing on ConsumerDirect's Rule 62(B) Motion re Supersedeas Bond filed by Plaintiff and Counter Defendant ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 09/02/2024)
9/2/2024NOTICE of Association of Counsel associating attorney Robert J. Muller and John L. Wollman on behalf of Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. Filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc. (Usahacharoenporn, Proud) (Entered: 09/02/2024)
8/30/2024ORDER GRANTING STIPULATION REGARDING RULE 54(D) MOTIONS 538 by Judge James V. Selna. THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; and 2. The deadline for any party to file a motion for attorney's fees under Rule 54(d) shall be extended to 14 days after the Court's ruling on ConsumerDirect's post-judgment motions. (es) (Entered: 08/30/2024)
8/28/2024Joint STIPULATION for Extension of Time to File Rule 54(d) Motions filed by Defendant Array US, Inc..(Bexley, Tyler) (Entered: 08/28/2024)
8/22/2024AMENDED FINAL JUDGMENT by Judge James V. Selna, Related to: Findings of Fact & Conclusions of Law, 528 The Court hereby enters judgment as follows: (1) Plaintiff ConsumerDirect, Inc. ("ConsumerDirect") shall take nothing on its claims against Defendants Array US, Inc. ("Array") and Pentius, LLC ("Pentius"); (2) Array shall be awarded $1,300,000 in actual damages from ConsumerDirect, as determined by the jury; (3) Array shall be awarded $3,900,000 in punitive damages from ConsumerDirect, as determined by the jury; (4) Pursuant to the Court's August 6, 2024, Order, Defendants were awarded as sanctions against ConsumerDirect the amount of $199,016.77 in attorneys' fees and costs incurred in connection with ConsumerDirect's fraud on the Court; Array was awarded $14,300.11 for its share of the amount paid for the forensic report. This portion of the Judgment IS STAYED until September 5, 2024. If any portion of the sanctions has not been paid by that date, unpaid sums will accrue post-judgment interest from September 5, 2024, as provided herein. (6) Defendants shall be awarded post-judgment interest on all foregoing amounts from today's date at the prevailing statutory rate, calculated as the weekly average 1-year constant maturity (nominal) Treasury yield, as published by the Federal Reserve System each Monday for the preceding week; (7) Defendants are prevailing parties, and costs of court shall be taxed against ConsumerDirect pursuant to the procedure set forth in Rule 54(d) of the Federal Rules of Civil Procedure; and (8) This is a final judgment disposing of all claims and all parties. Any relief not expressly granted is denied. (es) (Entered: 08/22/2024)
8/22/2024NOTICE OF LODGING filed re Generic Text Only Entry, 534 (Attachments: # 1 Proposed Order)(Bexley, Tyler) (Entered: 08/22/2024)
8/22/2024REPLY to Plaintiff's Objections to Defendants' Proposed Final Judgment filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order)(Bexley, Tyler) (Entered: 08/22/2024)
8/20/2024534(IN CHAMBERS) ORDER by Judge James V. Selna: The Court hereby withdraws the Judgment at Docket No. 531 as improvidently entered prior to receipt and review of ConsumerDirect, Inc.s Objection (Docket No. 533). An Amended Judgment will be entered shortly. It is so Ordered. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 08/20/2024)
8/20/2024OBJECTIONS to Notice (Other) 529 TO DEFENDANTS PROPOSED FINAL JUDGMENT filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/20/2024)
8/20/2024REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Attachment) (es) (Entered: 08/20/2024)
8/20/2024[WITHDRAWN PER ORDER AT DOCKET NO. 534] JUDGMENT by Judge James V. Selna, Related to: Findings of Fact & Conclusions of Law, 528 The Court hereby enters judgment as follows: (1) Plaintiff ConsumerDirect, Inc. ("ConsumerDirect") shall take nothing on its claims against Defendants Array US, Inc. ("Array") and Pentius, LLC("Pentius"); (2) Array shall be awarded $1,300,000 in actual damages from ConsumerDirect, as determined by the jury; (3) Array shall be awarded $3,900,000 in punitive damages from ConsumerDirect, as determined by the jury; (4) Pursuant to the Court's August 6, 2024 Order, Defendants shall be awarded as sanctions against ConsumerDirect the amount of $199,016.77 in attorneys' fees and costs incurred in connection with ConsumerDirect's fraud on the Court; Array shall be awarded $14,300.11 for its share of the amount paid for the forensic report; (6) Defendants shall be awarded post-judgment interest on all foregoing amounts from today's date at the prevailing statutory rate, calculated as the weekly average 1-year constant maturity (nominal) Treasury yield, as published by the Federal Reserve System each Monday for the preceding week; (7) Defendants are prevailing parties, and costs of court shall be taxed against ConsumerDirect; and (8) This is a final judgment disposing of all claims and all parties. Any relief not expressly granted is denied. (MD JS-6, Case Terminated). (es) Modified on 8/20/2024 (eva). (Entered: 08/20/2024)
8/13/2024NOTICE OF LODGING filed re Findings of Fact & Conclusions of Law,, 528 (Attachments: # 1 Proposed Order)(Bexley, Tyler) (Entered: 08/13/2024)
8/13/2024Notice of Defendants' Proposed Final Judgment filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 08/13/2024)
8/9/2024FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge James V. Selna, the Court enters its findings of fact and conclusions of law as stated herein. Defendants shall file a proposed judgment forthwith. Plaintiff shall file any objections thereto within 7 days of the other party's filing. If no objections are received within 7 days, the judgment will be entered immediately, and Federal Rule of Civil Procedure 52(b) will apply upon entry of judgment. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 08/09/2024)
8/6/2024MINUTES [IN CHAMBERS] Order Regarding Request for Attorneys' Fees 419 by Judge James V. Selna: For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendants' Request for Attorneys' Fees. The Court AWARDS Defendants $199,016.77 in attorneys' fees for work related to the Motion for Sanctions. It also AWARDS Defendant Array $14,300.11, its share of the amount paid for the Setec Investigations forensic report. ConsumerDirect is ordered to pay these amounts within thirty (30) days from the date of this order unless the parties stipulate to a different date. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 08/06/2024)
8/2/2024526FOR COURT USE ONLY: STATISTICAL CORRECTION Granting 522 APPLICATION to Seal Document. Re: 524 Order Granting Application (es) (Entered: 08/02/2024)
8/1/2024SEALED DOCUMENT CONSUMERDIRECTS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON EQUITABLE ISSUES re Memorandum of Contentions of Fact and Law 521 , Order, 524 filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 08/01/2024)
7/31/2024ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON EQUITABLE ISSUES UNDER SEAL by Judge James V. Selna 522 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 07/31/2024)
7/29/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document CONSUMERDIRECT, INC.S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON EQUITABLE ISSUES under seal 522 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Ex A to Declaration - Proposed Findings of Fact and Conclusions of Law on Equitable Issues)(Usahacharoenporn, Proud) (Entered: 07/29/2024)
7/29/2024 APPLICATION to file document CONSUMERDIRECT, INC.S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON EQUITABLE ISSUES under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 (Redacted) Proposed Findings of Fact and Conclusions of Law on Equitable Issues, # 2 Proposed Order)(Usahacharoenporn, Proud) (Entered: 07/29/2024)
7/29/2024PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON EQUITABLE ISSUES MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 07/29/2024)
7/29/2024Amended MEMORANDUM of CONTENTIONS of FACT and LAW Array US, Inc., Pentius, LLC. (Bexley, Tyler) (Entered: 07/29/2024)
7/19/2024MINUTES [IN CHAMBERS] Order Regarding Post-Trial Equitable Issues by Judge James V. Selna: For the following reasons, the Court finds that the trademark infringement and false designation of origin claims are equitable claims for the Court and that ConsumerDirect's unclean hands defense was properly submitted to the jury. The Court orders the parties to simultaneously file their proposed Findings of Fact and Conclusions of Law regarding the trademark infringement and false designation claims within 10 days of this Order. No replies should be filed unless invited by the Court. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 07/19/2024)
1/26/2024518NOTICE OF FILING TRANSCRIPT filed for proceedings 11/15/23 re Transcript 517 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 01/26/2024)
1/26/2024TRANSCRIPT for proceedings held on 11/15/23. Court Reporter/Electronic Court Recorder: miriam baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/16/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/25/2024. (Baird, Miriam) (Entered: 01/26/2024)
1/10/2024SEALED DOCUMENT Reply in Support of ConsumerDirect's Post-Trial Brief re Equitable Issues re APPLICATION to file document ConsumerDirect, Inc.'s Post-Trial Brief Regarding Equitable Issues under seal 508 , Order on Motion for Leave to File Document Under Seal, 515 filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 01/10/2024)
1/9/2024ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT'S REPLY IN SUPPORT OF POST-TRIAL BRIEF REGARDING EQUITABLE ISSUES UNDER SEAL 513 by Judge James V. Selna: The Court, having considered all documents filed in support of this Application and having considered all other pleadings and papers on file herein, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Documents Under Seal. (es) (Entered: 01/09/2024)
1/8/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of ConsumerDirect's Post-Trial Brief Regarding Equitable Issues under seal 513 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Reply Brief)(Usahacharoenporn, Proud) (Entered: 01/08/2024)
1/8/2024 APPLICATION to file document Reply in Support of ConsumerDirect's Post-Trial Brief Regarding Equitable Issues under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order re Application to File Under Seal, # 2 Redacted Document Reply in Support of ConsumerDirect's Post-Trial Brief Regarding Equitable Issues)(Usahacharoenporn, Proud) (Entered: 01/08/2024)
12/18/2023RESPONSE filed by Defendant Array US, Inc.to Sealed Document,, 511 (Bexley, Tyler) (Entered: 12/18/2023)
12/6/2023SEALED DOCUMENT ConsumerDirect, Inc.'s Post-Trial Brief Regarding Equitable Issues re APPLICATION to file document ConsumerDirect, Inc.'s Post-Trial Brief Regarding Equitable Issues under seal 508 , Order on Motion for Leave to File Document Under Seal, 510 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Exhibit D, # 2 Unredacted Document Exhibit E, # 3 Unredacted Document Exhibit F, # 4 Unredacted Document Exhibit G, # 5 Unredacted Document Exhibit H)(Usahacharoenporn, Proud) (Entered: 12/06/2023)
12/5/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT'S POST-TRIAL BRIEF REGARDING EQUITABLE ISSUES UNDER SEAL 508 by Judge James V. Selna: The Court, having considered all documents filed in support of this Application and having considered all other pleadings and papers on file herein, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Documents Under Seal. (es) (Entered: 12/05/2023)
12/4/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document ConsumerDirect, Inc.'s Post-Trial Brief Regarding Equitable Issues under seal 508 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document ConsumerDirect's Post-Trial Brief Regarding Equitable Issues, # 2 Unredacted Document Exhibit D, # 3 Unredacted Document Exhibit E, # 4 Unredacted Document Exhibit F, # 5 Unredacted Document Exhibit G, # 6 Unredacted Document Exhibit H)(Usahacharoenporn, Proud) (Entered: 12/04/2023)
12/4/2023 APPLICATION to file document ConsumerDirect, Inc.'s Post-Trial Brief Regarding Equitable Issues under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Post-Trial Brief Regarding Equitable Issues, # 3 Declaration of Proud Usahacharoenporn, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Redacted Document Exhibit D, # 8 Redacted Document Exhibit E, # 9 Redacted Document Exhibit F, # 10 Redacted Document Exhibit G, # 11 Redacted Document Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L)(Usahacharoenporn, Proud) (Entered: 12/04/2023)
11/27/2023TRANSCRIPT ORDER as to Plaintiff ConsumerDirect, Inc. for Court Reporter. Court will contact Proud Usahacharoenporn at pusaha@rutan.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Usahacharoenporn, Proud) (Entered: 11/27/2023)
11/15/2023 MINUTES OF Status Conference held before Judge James V. Selna: As stated on the record ConsumerDirect is to file their supplemental brief by December 4, 2023 with defendants response due December 18, 2023 and a rebuttal by January 8, 2024. After all briefs are filed and reviewed the Court will determine if a further hearing is necessary. Court Reporter: Miriam Baird. (es) (Entered: 11/16/2023)
11/13/2023505[IN CHAMBERS] SCHEDULING NOTICE: At the request of counsel, the Court sets a Status Conference for November 15, 2023, at 12:00 p.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Selna's Procedures and Schedules page on the Courts website. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 11/13/2023)
11/9/2023NOTICE OF CLERICAL ERROR: Due to clerical error Re: Jury Instructions (Given) 484 was re-docketed as 490 Jury Instructions - Phase II due to system error, the parties didn't receive Notice of Electronic Filing (NEF) (es) (Entered: 11/09/2023)
11/8/2023UNREDACTED VERDICT-PHASE II 503 (es) (Entered: 11/09/2023)
11/8/2023REDACTED VERDICT-PHASE II (es) (Entered: 11/09/2023)
11/8/2023UNREDACTED SPECIAL VERDICT 501 (es) (Entered: 11/09/2023)
11/8/2023REDACTED SPECIAL VERDICT (es) (Entered: 11/09/2023)
11/8/2023UNREDACTED Jury Notes # 4 499 (es) (Entered: 11/09/2023)
11/8/2023REDACTED Jury Notes # 4 filed. (es) (Entered: 11/09/2023)
11/8/2023 UNREDACTED Jury Notes # 3 497 (es) (Entered: 11/09/2023)
11/8/2023REDACTED Jury Notes # 3 filed. (es) (Entered: 11/09/2023)
11/8/2023UNREDACTED Answer to Jury Note #2 495 (es) (Entered: 11/09/2023)
11/8/2023REDACTED Answer to Jury Notes #2 493 (es) (Entered: 11/09/2023)
11/8/2023UNREDACTED Jury Notes #2 493 (es) (Entered: 11/09/2023)
11/8/2023REDACTED Jury Notes #2 filed. (es) (Entered: 11/09/2023)
11/8/2023JURY INSTRUCTIONS - PHASE II by Judge James V. Selna (es) (Entered: 11/09/2023)
11/8/2023[NOTICE OF CLERICAL ERROR ISSUED 11/09/2023 SEE DKT. 491 ] JURY INSTRUCTIONS -PHASE II by Judge James V. Selna. (es) Modified on 11/9/2023 (es). (Entered: 11/09/2023)
11/8/2023JURY INSTRUCTIONS (Given) by Judge James V. Selna. (es) (Entered: 11/09/2023)
11/8/2023LIST OF EXHIBITS AND WITNESSES at trial. (es) (Entered: 11/09/2023)
11/8/2023 MINUTES OF Jury Trial - 7th Day held and completed before Judge James V. Selna: Verdict reached. Jury FINDS: in favor of Defendant(s). Jury polled. Court Reporter: Deborah Parker. (es) (Entered: 11/08/2023)
11/7/2023UNREDACTED Answer to Jury Notes #1 488 (es) (Entered: 11/09/2023)
11/7/2023UNREDACTED Jury Notes #1 487 (es) (Entered: 11/09/2023)
11/7/2023REDACTED Answer to Jury Notes #1 487 (es) (Entered: 11/09/2023)
11/7/2023REDACTED Jury Notes #1 filed. (es) (Entered: 11/09/2023)
11/7/2023RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (es) (Entered: 11/09/2023)
11/7/2023AGREEMENT OF COUNSEL TO SUBMITTED EXHIBITS TO JURY (es) (Entered: 11/09/2023)
11/7/2023 MINUTES OF Jury Trial - 6th Day held before Judge James V. Selna: Closing arguments made by plaintiff(s)/defendant(s). Court pre-instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. Jury Trial continued to Wednesday, 11/8/2023 at 9:00 a.m. before Judge James V. Selna. Court Reporter: Deborah Parker / Miriam Baird. (es) (Entered: 11/08/2023)
11/3/2023 MINUTES OF Jury Trial - 5th Day held before Judge James V. Selna. Witnesses called, sworn and testified. Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Jury Trial continued to 11/7/2023 09:30 AM before Judge James V. Selna. The Court orders the courtroom sealed for a portion of witness David Coulter testimony. The Court further order the portion of the transcript sealed, until further order of the Court. Motion for Judgment by Array 475 is denied. Court Reporter: Deborah Parker/ Miriam Baird. (rolm) (Entered: 11/03/2023)
11/3/2023 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendant Pentius, LLC. (Bowman, Ashley) (Entered: 11/03/2023)
11/3/2023JOINDER in NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law 475 (Defendant Pentius, LLC's Joinder To Defendant Array US, Inc.'s Motion For Judgment As A Matter Of Law) filed by Defendant Pentius, LLC. (Bowman, Ashley) (Entered: 11/03/2023)
11/3/2023 NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 11/03/2023)
11/2/2023AMENDED MINUTES held before Judge James V. Selna re: Jury Trial - Held and Continued, 474 . (rolm) (Entered: 11/03/2023)
11/2/2023 MINUTES OF Jury Trial - 4th Day held before Judge James V. Selna: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to Friday, 11/3/2023 at 08:30 AM before Judge James V. Selna. The Court orders the courtroom sealed for a portion of witness Kenneth Greaux testimony. The Court further orders the portion of the transcript sealed, until further order of the Court. Court Reporter: Deborah Parker / Miriam Baird. (es) (Entered: 11/02/2023)
11/1/2023 MINUTES OF Jury Trial - 3rd Day held before Judge James V. Selna: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to Thursday, 11/2/2023 at 08:30 AM before Judge James V. Selna. The Court orders the courtroom sealed for a portion of witness Marin Toha testimony. The Court further orders the portion of the transcript sealed, until further order of the Court. Court Reporter: Deborah Parker / Miriam Baird. (es) (Entered: 11/01/2023)
10/31/2023 MINUTES OF Jury Trial - 2nd Day held before Judge James V. Selna: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to Wednesday, 11/1/2023 at 08:30 AM before Judge James V. Selna. The Court orders the courtroom sealed for a portion of witness Angela Ortiz and Steven Reger testimony. The Court further orders the portion of the transcript sealed, until further order of the Court Court Reporter: Deborah Parker / Miriam Baird. (es) (Entered: 11/01/2023)
10/31/2023RESPONSE filed by Plaintiff ConsumerDirect, Inc.to Trial Brief 442 ConsumerDirect, Inc.'s Response to Array US, Inc.'s Trial Brief Regarding ConsumerDirect's Theory of Liability for Interference With Contract Claim (Usahacharoenporn, Proud) (Entered: 10/31/2023)
10/31/2023COURT'S RULINGS ON CONSUMERDIRECT'S OBJECTIONS TO DEPOSITION DESIGNATIONS by Judge James V. Selna. (es) (Entered: 10/31/2023)
10/31/2023COURT'S RULINGS ON DEFENDANT ARRAY, INC'S OBJECTIONS TO DEPOSITION DESIGNATIONS by Judge James V. Selna. (es) (Entered: 10/31/2023)
10/31/2023COURT'S RULINGS ON DEFENDANT PENTIUS, LLC's OBJECTIONS TO DEPOSITION DESIGNATIONS by Judge James V. Selna. (es) (Entered: 10/31/2023)
10/31/2023 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 454 by Judge James V. Selna: Granting 454 Non-Resident Attorney Whitney L. Wendel APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s), Counter-Claimant Array, US, Inc., designating Robert M. Schwartz as local counsel. (es) (Entered: 10/31/2023)
10/31/2023 NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Modify Subpoena and for a Protective Order Under FRCP 45(d)(3) filed by Non-Party Kenneth Greaux. (Attachments: # 1 Declaration of Kenneth Greaux in Support of Motion to Modify Subpoena and for a Protective Order Under FRCP 45(d)(3), # 2 Exhibit 1 - Trial Subpoena, # 3 Proposed Order) (Attorney Joseph William Scott added to party Kenneth Greaux(pty:misc)) (Scott, Joseph) (Entered: 10/31/2023)
10/30/2023Joint Agenda of Matters to be Addressed Before Resuming Trial filed by Defendant Array US, Inc. (Bexley, Tyler) (Entered: 10/30/2023)
10/30/2023TRIAL BRIEF (Array's Reply Brief Regarding its Unclean Hands Defense) filed by Defendant Array US, Inc... (Attachments: # 1 Declaration of Tyler Bexley in Support of Array's Trial Brief, # 2 Exhibit 1)(Bexley, Tyler) (Entered: 10/30/2023)
10/30/2023OBJECTIONS to Consumerdirect's Undisclosed Witnesses filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 10/30/2023)
10/30/2023OBJECTIONS to Notice (Other) 368 (Defendant Pentius, LLC's Supplemental Objections to Plaintiff ConsumerDirect, Inc.'s Deposition Designations) filed by Defendant Pentius, LLC. (Bowman, Ashley) (Entered: 10/30/2023)
10/30/2023OBJECTIONS to Notice (Other) 368 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 10/30/2023)
10/30/2023TRIAL BRIEF on ConsumerDirect's Unpleaded Theory of Liability for Interference with Contract Claim filed by Defendant Array US, Inc... (Bexley, Tyler) (Entered: 10/30/2023)
10/26/2023 MINUTES OF Jury Trial - 1st Day held before Judge James V. Selna: Jury impaneled and sworn. Case continued to Tuesday, 10/31/2023 at 08:00 AM before Judge James V. Selna. Court Reporter: Deborah Parker / Miriam Baird. (es) (Entered: 10/26/2023)
10/26/2023PROPOSED JURY VERDICT filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 10/26/2023)
10/25/2023REPLY in support of Joint REQUEST for Attorney Fees 419 filed by Defendant Array US, Inc.. (Terwey, Margaret) (Entered: 10/25/2023)
10/25/2023TRIAL BRIEF CONSUMERDIRECT INC.S RESPONSE TO ARRAY US, INC.S TRIAL BRIEF REGARDING UNCLEAN HANDS DEFENSE filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 10/25/2023)
10/25/2023TRIAL BRIEF CONSUMERDIRECT INC.S RESPONSE TO ARRAY US, INC.S TRIAL BRIEF REGARDING DAMAGES FOR TORTIOUS INTERFERENCE filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 10/25/2023)
10/25/2023 APPLICATION of Non-Resident Attorney Whitney L. Wendel to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36291778) filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order) (Schwartz, Robert) (Entered: 10/25/2023)
10/25/2023PROPOSED JURY INSTRUCTIONS filed by Defendant Pentius, LLC.. (Bowman, Ashley) (Entered: 10/25/2023)
10/25/2023NOTICE OF LODGING filed re Order 438 (Bexley, Tyler) (Entered: 10/25/2023)
10/25/2023Second Amended Joint Exhibit List filed by Defendant Array US, Inc... (Bexley, Tyler) (Entered: 10/25/2023)
10/20/2023Proposed Voir Dire Questions filed by Defendant Array US, Inc... (Bexley, Tyler) (Entered: 10/20/2023)
10/20/2023Proposed Voir Dire Questions filed by Defendant Pentius, LLC.. (Bowman, Ashley) (Entered: 10/20/2023)
10/20/2023SEALED DOCUMENT ConsumerDirect's Proposed Findings of Fact and Conclusions of Law re Order on Motion for Leave to File Document Under Seal, 447 filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 10/20/2023)
10/20/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW UNDER SEAL 433 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Proposed Findings of Fact and Conclusions of Law Under Seal. (es) (Entered: 10/20/2023)
10/20/2023ORDER DENIED BY ORDER OF THE COURT 410 by Judge James V. Selna: Denying (for the same reasons as on Dkt No. 424) DEFENDANT PENTIUS, LLC'S EX PARTE APPLICATION FOR REVIEW OF MAGISTRATE JUDGE'S SEPTEMBER 14, 2023 ORDER (DKT. 401) (es) (Entered: 10/20/2023)
10/20/2023STATEMENT JOINT STATEMENT OF THE CASE filed by Plaintiff ConsumerDirect, Inc. (Usahacharoenporn, Proud) (Entered: 10/20/2023)
10/19/2023NOTICE OF LODGING filed (Submitting Defendants Proposed Findings Of Fact And Conclusions Of Law) re Order 438 (Attachments: # 1 DEFENDANTS PENTIUS, LLCS AND ARRAY US, INC.S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)(Bowman, Ashley) (Entered: 10/19/2023)
10/19/2023 Proposed Jury Instructions (Bexley, Tyler) (Entered: 10/19/2023)
10/19/2023TRIAL BRIEF Regarding Plaintiff ConsumerDirect's Damages for Tortious Interference filed by Defendant and Counterclaim Plaintiff Array US, Inc... (Terwey, Margaret) (Entered: 10/19/2023)
10/19/2023TRIAL BRIEF Regarding Unclean Hands Defense filed by Defendant Array US, Inc... (Bexley, Tyler) (Entered: 10/19/2023)
10/19/2023TRIAL BRIEF Regarding Plaintiff ConsumerDirect, Inc.'s Unfair Competition Claim filed by Defendant Array US, Inc... (Bexley, Tyler) (Entered: 10/19/2023)
10/19/2023FINAL PRE-TRIAL CONFERENCE ORDER by Judge James V. Selna, See Order for details. (es) (Entered: 10/19/2023)
10/19/2023TRIAL BRIEF filed by defendant Pentius, LLC.. (Bowman, Ashley) (Entered: 10/19/2023)
10/19/2023Proposed Voir Dire Questions filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 10/19/2023)
10/19/2023AMENDED JOINT Exhibit List filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 10/19/2023)
10/19/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document ConsumerDirect's Proposed Findings of Fact and Conclusions of Law under seal 433 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document)(Usahacharoenporn, Proud) (Entered: 10/19/2023)
10/19/2023 APPLICATION to file document ConsumerDirect's Proposed Findings of Fact and Conclusions of Law under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document ConsumerDirect's Proposed Findings of Fact and Conclusions of Law)(Usahacharoenporn, Proud) (Entered: 10/19/2023)
10/19/2023TRIAL BRIEF filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 10/19/2023)
10/19/2023 BRIEF filed by Plaintiff ConsumerDirect, Inc.. re Use at Trial of the Court's Instruction No. 11 (i.e., Adverse Inference Jury Instruction in Court's Sanctions Order) (Bradley, Donald) (Entered: 10/19/2023)
10/18/2023MINUTE ORDER [IN CHAMBERS] Order Regarding Motion for Summary Judgment 222 by Judge James V. Selna: Accordingly, the Court GRANTS summary judgment to Pentius on ConsumerDirect's UCL claim under the unfair prong and GRANTS summary judgment to Pentius on ConsumerDirect's intentional interference with prospective business advantage claim. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 10/19/2023)
10/18/2023430NOTICE OF FILING TRANSCRIPT filed for proceedings 9-25-23 2:08 p.m. re Transcript 429 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY (Entered: 10/18/2023)
10/18/2023TRANSCRIPT for proceedings held on 9-25-23 2:08 pm. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/8/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/16/2024. (Seffens, Sharon) (Entered: 10/18/2023)
10/11/2023428NOTICE OF FILING TRANSCRIPT filed for proceedings 9-7-23 11:00 a.m., 9-18-23 1:31 p.m. re Transcript 426 , 427 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY (Entered: 10/11/2023)
10/11/2023TRANSCRIPT for proceedings held on 9-18-23 1:31 pm. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (Seffens, Sharon) (Entered: 10/11/2023)
10/11/2023TRANSCRIPT for proceedings held on 9-7-23 11:00. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/1/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/9/2024. (Seffens, Sharon) (Entered: 10/11/2023)
10/9/2023OPPOSITION to Joint REQUEST for Attorney Fees 419 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Deborah A. Wolfe, # 2 Declaration of Donald E. Bradley)(Bradley, Donald) (Entered: 10/09/2023)
10/4/2023ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying 407 DEFENDANT ARRAY US, INC.'S EX PARTE MOTION FOR REVIEW OF NON-DISPOSITIVE ORDER OF MAGISTRATE JUDGE (DKT. NO. 401) [SEE DOCUMENT FOR FURTHER DETAILS.] (es) (Entered: 10/04/2023)
10/4/2023MINUTES [IN CHAMBERS] Order re Motions in Limine by Judge James V. Selna: Plaintiff ConsumerDirect, Inc. ("ConsumerDirect"), defendant Pentius, LLC ("Pentius"), and defendant and Counterclaimant Array US, Inc. ("Array") move the Court for relief by way of Motions in Limine. The Court now enters its rulings. Denying 326 Motion in Limine to Preclude; Granted in part and Denied in part 328 Motion in Limine to Preclude; Granting 329 Motion in Limine to Preclude; Denying 330 Motion in Limine to Exclude; Denying 331 Motion in Limine to Exclude; Granting 334 Motion in Limine to Exclude; Denying 335 Motion in Limine to Exclude; Denying 338 Motion in Limine to Preclude. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 10/04/2023)
10/4/2023MINUTES [IN CHAMBERS] Order Regarding Motions for Partial Reconsideration [324, 342] by Judge James V. Selna: For the following reasons, the Court DENIES Array's Motion for Partial Reconsideration, (Dkt. No. 324 ), and DENIES ConsumerDirect's Motion for Partial Reconsideration, (Dkt. No. 342 ). [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 10/04/2023)
10/3/2023REPLY IN SUPPORT OF MOTION IN LIMINE (2) to Exclude Any Evidence and Testimony of Alleged Industry Pricing Standards 334 Reply To Consumerdirect, Inc.'s Supplemental Brief Regarding Pentius, LLC's Motion In Limine No. 2 Re Profinity Investigation [Docket 418] filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Yoo, Timothy) (Entered: 10/03/2023)
10/3/2023DECLARATION of Timothy Yoo re Joint REQUEST for Attorney Fees 419 filed by Defendant Array US, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Terwey, Margaret) (Entered: 10/03/2023)
10/2/2023Joint REQUEST for Attorney Fees filed by Defendant and Counterclaim Plaintiff Array US, Inc.. (Attachments: # 1 Declaration of Pete Marketos, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order) (Terwey, Margaret) (Entered: 10/02/2023)
9/29/2023SUPPLEMENT to MOTION IN LIMINE (#2) to Preclude Evidence And Testimony Regarding The Profinity Investigation And Settlement 329 CONSUMERDIRECT, INC.S SUPPLEMENTAL BRIEF REGARDING PENTIUS, LLCS MOTION IN LIMINE NO. 2 RE PROFINITY INVESTIGATION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/29/2023)
9/27/2023 BRIEF filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/27/2023)
9/25/2023 MINUTES OF PreTrial Conference; Defendant Array Motion for Partial Reconsideration 324 ; Plaintiff's Motions in Limine 328 338 ; Defendant Pentius Motions in Limine 326 329 330 ; Defendant Array Motions in Limine 331 334 335 ; Plaintiff's Motion for Partial Reconsideration 342 held before Judge James V. Selna: Cause called and counsel make their appearances. The Court's tentative rulings are issued. Motions are are taken under submission and a separate order to issue. The Court and counsel confer regarding trial procedures and scheduling. The Jury Trial is continued to Thursday, October 26, 2023 at 8:30 a.m. The Court will sign and file the proposed pretrial conference order. Court Reporter: Sharon Seffens. (es) (Entered: 09/26/2023)
9/22/2023 OPPOSITION to Pentius LLC's Ex Parte Application for Review of Magistrate Judge's Order re: EX PARTE APPLICATION for Review of Non-Dispositive Order of Magistrate Judge (Dkt 401) re Order on Motion to Compel, 401 407 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/22/2023)
9/22/2023RESPONSE IN SUPPORT of EX PARTE APPLICATION for Review of Non-Dispositive Order of Magistrate Judge (Dkt 401) re Order on Motion to Compel, 401 407 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/22/2023)
9/22/2023 OPPOSITION Opposition to Ex Parte Application for Review of Magistrate Judge's Order re: EX PARTE APPLICATION for Review of MAGISTRATE JUDGE'S SEPTEMBER 14, 2023 DISCOVERY ORDER re Order on Motion to Compel, 401 410 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/22/2023)
9/22/2023411[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the Pretrial Conference and Motions 324 , 326 , 328 , 329 , 330 , 331 , 334 , 335 , 338 , 342 , 407 are CONTINUED from Monday, September 25, 2023, at 11:00 a.m. to September 25, 2023 at 1:30 p.m. before Judge James V. Selna. **TIME CHANGE ONLY** THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 09/22/2023)
9/21/2023MINUTE ORDER [IN CHAMBERS] Order Regarding Motion for Sanctions 203 [PUBLIC VERSION] by Judge James V. Selna: For the following reasons, the Court GRANTS the motion. The Court grants Array ten (10) days to brief the issue of the amount of attorneys' fees and costs for bringing this Motion. ConsumerDirect will have seven (7) days to file a response. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 09/29/2023)
9/21/2023 EX PARTE APPLICATION for Review of MAGISTRATE JUDGE'S SEPTEMBER 14, 2023 DISCOVERY ORDER re Order on Motion to Compel, 401 filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Declaration of Timothy Yoo, # 2 Proposed Order) (Yoo, Timothy) (Entered: 09/21/2023)
9/21/2023Index of Matters Set for September 25, 2023 Pretrial Conference filed by Defendant Array US, Inc. (Bexley, Tyler) (Entered: 09/21/2023)
9/21/2023SEALED MINUTES [IN CHAMBERS] SEALED (lom) (Entered: 09/21/2023)
9/21/2023 EX PARTE APPLICATION for Review of Non-Dispositive Order of Magistrate Judge (Dkt 401) re Order on Motion to Compel, 401 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Ex Party Motion for Review of Non-Dispositive Order of Magistrate Judge (Dkt 401), # 2 Proposed Order Granting Defendant Array US, Inc's Ex Parte Motion for Review of Non-Dispositive Order of Magistrate Judge) (Bexley, Tyler) (Entered: 09/21/2023)
9/21/2023TRANSCRIPT ORDER as to Defendant Array US, Inc. for Court Reporter. Court will contact Tyler Bexley at tyler.bexley@rm-firm.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bexley, Tyler) (Entered: 09/21/2023)
9/18/2023 MINUTES OF Motion Hearing held before Judge James V. Selna: Defendants Motion for Termination and Other Sanctions [ECF No. 203] Cause is called for hearing and counsel make their appearances. The Courts tentative ruling is issued. Counsel make their arguments. Motion is argued and taken under submission. A separate order to follow. Court Reporter: Sharon Seffens. (twdb) (Entered: 09/18/2023)
9/15/2023 Supplemental BRIEF filed by plaintiff ConsumerDirect, Inc.. (Bradley, Donald) (Entered: 09/15/2023)
9/15/2023 NOTICE of Appearance filed by attorney Donald E. Bradley on behalf of Plaintiff ConsumerDirect, Inc. (Attorney Donald E. Bradley added to party ConsumerDirect, Inc.(pty:pla))(Bradley, Donald) (Entered: 09/15/2023)
9/14/2023NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order Proposed Final Pretrial Conference Order, # 2 Exhibit A to Proposed Final Pretrial Conference Order, # 3 Exhibit B to Proposed Final Pretrial Conference Order)(Usahacharoenporn, Proud) (Entered: 09/14/2023)
9/14/2023MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART CONSUMERDIRECT, INC.'S MOTION TO COMPEL AGAINST PENTIUS LLC AND ARRAY US INC. (DKT. NO. 232 ) by Magistrate Judge Autumn D. Spaeth: The Motion is granted in part and denied in part. Defendants are ordered to produce responsive documents consistent with this order by no later than September 27, 2023. **See Order for details** (kh) (Entered: 09/14/2023)
9/14/2023OBJECTIONS to Objection 398 , Objection 399 TO DEFENDANTS DEPOSITION DESIGNATIONS filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/14/2023)
9/14/2023OBJECTIONS to Notice (Other) 368 (Defendant Pentius, LLC's Objections To Plaintiff ConsumerDirect, Inc.'s Deposition Designations) filed by Defendant Pentius, LLC. (Yu, Kimmy) (Entered: 09/14/2023)
9/14/2023OBJECTIONS to Notice (Other) 368 Consumerdirect, Inc.'s Deposition Designations filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/14/2023)
9/11/2023SUPPLEMENT to NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/11/2023)
9/11/2023396NOTICE OF FILING TRANSCRIPT filed for proceedings 6/12/23 re Transcript 395 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 09/11/2023)
9/11/2023TRANSCRIPT for proceedings held on 6/12/2023. Court Reporter: MARY R. RICKEY CSR 11252, RPR, email: transcriptsusa@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/2/2023. Redacted Transcript Deadline set for 10/12/2023. Release of Transcript Restriction set for 12/11/2023. (apr) (Entered: 09/11/2023)
9/8/2023RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 342 AND MOTIONS FOR SUMMARY JUDGMENT [DKT NO. 311] filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/08/2023)
9/7/2023 STATEMENT of CORRECTING REPRESENTATION MADE IN CONSUMERDIRECT, INC.S OPPOSITION TO MOTION FOR SANCTIONS APPLICATION to file document under seal 210 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/07/2023)
9/7/2023 MINUTES OF Telephonic Status Conference held before Judge James V. Selna: As stated on the record Array shall file a supplement brief by September 11, 2023. ConsumerDirect to file their response by September 15, 2023. The Court continues the Pretrial Conference from September 18, 2023 to September 25, 2023 at 11:00 a.m. Defendants Motion for Sanctions 203 , is set for hearing on September 18, 2023 at 1:30 p.m. Court Reporter: Sharon Seffens. (es) (Entered: 09/07/2023)
9/7/2023ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying 361 DEFENDANT ARRAY US, INC.'S EX PARTE APPLICATION FOR AN ORDER SETTING A HEARING ON ARRAY'S MOTION FOR TERMINATION AND OTHER SANCTIONS AND STAYING ALL PRETRIAL DEADLINES. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 09/07/2023)
9/7/2023TRANSCRIPT ORDER as to Defendant Pentius, LLC for Court Reporter. Court will contact Debbey Beatty at dbeatty@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Bowman, Ashley) (Entered: 09/07/2023)
9/7/2023AMENDED DOCUMENT filed by Defendant Array US, Inc.. Amendment to Disclosure 381 (Bexley, Tyler) (Entered: 09/07/2023)
9/7/2023AMENDED DOCUMENT filed by Defendant Pentius, LLC. Amendment to Miscellaneous Document 378 (Defendant Pentius, LLC's Amended Deposition Designations) (Yu, Kimmy) (Entered: 09/07/2023)
9/6/2023JOINDER filed by Defendant Pentius, LLC joining in Response in Opposition to Motion, 384 . (Bowman, Ashley) (Entered: 09/06/2023)
9/6/2023ORDER GRANTING CONSUMERDIRECT, INC.'S EX PARTE APPLICATION FOR ADDITIONAL TIME TO FILE RESPONSE TO FORENSIC REPORT 374 by Judge James V. Selna: IT IS HEREBY ORDERED THAT: ConsumerDirect, Inc.'s Ex Parte Application is GRANTED. The parties shall have until September 19, 2023 to file their responses to the forensic report. (es) (Entered: 09/06/2023)
9/6/2023OPPOSITION to EX PARTE APPLICATION for Extension of Time to File FORENSIC REPORT 374 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Array's Opposition to Consumerdirect's Ex Party Application for Additional Time to File Response to Forensic Report, # 2 Exhibit 1, # 3 Exhibit 2)(Bexley, Tyler) (Entered: 09/06/2023)
9/5/2023ORDER GRANTING STIPULATION REGARDING PRETRIAL DEADLINES 363 by Judge James V. Selna, THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. The following pretrial filings are due September 5, 2023: Memo of Contentions of Facts and Law, Witness List, Joint Exhibit List, Deposition Designations, and Replies in Support of Motions in Limine. (es) (Entered: 09/06/2023)
9/5/2023SUPPLEMENT to NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 filed by Defendant Array US, Inc.. (Attachments: # 1 Appendix, # 2 Declaration of Tyler Bexley, # 3 Declaration of Carlos Eufracio)(Bexley, Tyler) (Entered: 09/05/2023)
9/5/2023 MEMORANDUM of CONTENTIONS of FACT and LAW Array US, Inc.. (Bexley, Tyler) (Entered: 09/05/2023)
9/5/2023 DISCLOSURE of Deposition Designations for Trial filed by Defendant Array US, Inc. (Terwey, Margaret) (Entered: 09/05/2023)
9/5/2023Witness List filed by Defendant and Counterclaim Plaintiff Array US, Inc... (Terwey, Margaret) (Entered: 09/05/2023)
9/5/2023REPLY in support of MOTION IN LIMINE (1) to Exclude the Testimony and Opinions of Victoria Wilkerson under Fed. R. Evid. 702 and Daubert 331 filed by Defendant Array US, Inc.. (Terwey, Margaret) (Entered: 09/05/2023)
9/5/2023DEFENDANT PENTIUS, LLC.S DEPOSITION DESIGNATIONS filed by Defendant Pentius, LLC (Yoo, Timothy) (Entered: 09/05/2023)
9/5/2023 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Pentius, LLC. (Yoo, Timothy) (Entered: 09/05/2023)
9/5/2023REPLY in support of MOTION IN LIMINE (#3) to Exclude Any Evidence and Testimony of The Volume of 1B and 3B Reports Bought and Sold 330 filed by Defendant Pentius, LLC. (Yoo, Timothy) (Entered: 09/05/2023)
9/5/2023REPLY in support of MOTION IN LIMINE (#1) to Preclude Evidence And Testimony Of Alleged Breach Of Bureau Contracts 326 filed by Defendant Pentius, LLC. (Yoo, Timothy) (Entered: 09/05/2023)
9/5/2023 EX PARTE APPLICATION for Extension of Time to File FORENSIC REPORT filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of David Coulter, # 2 Declaration of Proud Usahacharoenporn, # 3 Proposed Order) (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023JOINT Exhibit List filed by Plaintiff ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023Witness List filed by Plaintiff ConsumerDirect, Inc... (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023REPLY in support of motion MOTION IN LIMINE (2) to Preclude EVIDENCE OR ARGUMENT REGARDING KEVIN CARROLL RECORDING 328 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023REPLY in support of motion MOTION IN LIMINE to Preclude Testimony FROM BARRY BELL UNDER FRE 702; DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT THEREOF 338 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023Notice OF DEPOSITION DESIGNATIONS filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 09/05/2023)
9/5/2023Witness List filed by Defendant Pentius, LLC.. (Bowman, Ashley) (Entered: 09/05/2023)
9/4/2023REPLY in support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 324 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/04/2023)
9/3/2023REPLY in support of EX PARTE APPLICATION for Hearing on Array's Motion for Termination and other Sanctions and Staying All Pretrial Deadlines, re NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 , 361 filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Attachments: # 1 Declaration Supplemental Declaration of Tyler Bexley)(Bexley, Tyler) (Entered: 09/03/2023)
9/2/2023 Opposition in opposition re: EX PARTE APPLICATION for Hearing on Array's Motion for Termination and other Sanctions and Staying All Pretrial Deadlines, re NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 , 361 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Proud Usahacharoenporn ISO Opposition)(Usahacharoenporn, Proud) (Entered: 09/02/2023)
9/1/2023Joint STIPULATION for Extension of Time to File Pretrial Filings filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order Granting Stipulation Regarding Pretrial Deadlines)(Bexley, Tyler) (Entered: 09/01/2023)
9/1/2023OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 342 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 09/01/2023)
9/1/2023 EX PARTE APPLICATION for Hearing on Array's Motion for Termination and other Sanctions and Staying All Pretrial Deadlines, re NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 , filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Ex Party Application for an Order Setting a Hearing on Array's Motion for Termination and Other Sanctions and Staying all Pretrial Deadlines, # 2 Declaration of Carlos Eufracio Regarding Forensic Protocol, # 3 Proposed Order Granting Defendant Array US, Inc.'s Ex Party Application for an Order Setting Hearing on Array's Motion for Termination and Other Sanctions and Staying all Pretrial Deadlines) (Bexley, Tyler) (Entered: 09/01/2023)
8/30/2023ORDER GRANTING STIPULATION REGARDING BRIEFING ON CONSUMERDIRECT, INC.'S MOTION FOR PARTIAL RECONSIDERATION (DKT. NO. 342) 355 by Judge James V. Selna, THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. Defendants' Opposition to the Motion for Reconsideration (Dkt No.342) shall be filed by September 1, 2023 and ConsumerDirect's reply shall be filed by September 8, 2023. (es) (Entered: 08/30/2023)
8/29/2023SEALED OPPOSITION RE MOTION IN LIMINE (1) to Exclude the Testimony and Opinions of Victoria Wilkerson under Fed. R. Evid. 702 and Daubert 331 , Order on Motion for Leave to File Document Under Seal, 358 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Proud Usahacharoenporn in Support, # 2 Unredacted Document Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration)(Usahacharoenporn, Proud) (Entered: 08/29/2023)
8/28/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT'S OPPOSITION TO ARRAY US, INC.'S MOTION IN LIMINE NO. 1 TO EXCLUDE TO THE TESTIMONY AND OPINIONS OF VICTORIA WILKERSON UNDER FED. R. EVID. 702 AND DAUBERT UNDER SEAL 352 by Judge James V. Selna: (es) (Entered: 08/29/2023)
8/28/2023OPPOSITION to MOTION IN LIMINE to Preclude Testimony FROM BARRY BELL UNDER FRE 702; DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT THEREOF 338 filed by Defendant Array US, Inc.. (Terwey, Margaret) (Entered: 08/28/2023)
8/28/2023 Array US, Inc's Opposition to ConsumerDirect, Inc.'s Motion in Limine No. 2 to Preclude Evidence or Argument Regarding Kevin Carroll Recording Opposition re: MOTION IN LIMINE (2) to Preclude EVIDENCE OR ARGUMENT REGARDING KEVIN CARROLL RECORDING 328 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc's Opposition to Consumerdirect's Motion in Limine No. 2, # 2 Exhibit 1)(Bexley, Tyler) (Entered: 08/28/2023)
8/28/2023Joint STIPULATION for Extension of Time to File Reply as to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 342 filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order Granting Stipulation Regarding Briefing on Consumerdirect, Inc.'s Motion for Partial Reconsideration))(Bexley, Tyler) (Entered: 08/28/2023)
8/28/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Array US, Inc.'s Motion in Limine No. 1 to Exclude Testimony and Opinions of Victoria Wilkerson under seal 352 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Exhibit 1 to Declaration of Proud Usahacharoenporn in Support of Opposition to Array US, Inc.'s Motion in Limine No. 1, # 2 Unredacted Document Opposition to Array US, Inc.'s Motion in Limine No. 1 to Exclude Testimony and Opinions of Victoria Wilkerson)(Usahacharoenporn, Proud) (Entered: 08/28/2023)
8/28/2023 APPLICATION to file document Opposition to Array US, Inc.'s Motion in Limine No. 1 to Exclude Testimony and Opinions of Victoria Wilkerson under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Opposition to Array US, Inc.'s Motion in Limine No. 1 to Exclude Testimony and Opinions of Victoria Wilkerson, # 3 Declaration of Proud Usahacharoenporn in Support, # 4 Redacted Document Exhibit 1, # 5 Exhibit 2)(Usahacharoenporn, Proud) (Entered: 08/28/2023)
8/28/2023 OPPOSITION Opposition re: MOTION IN LIMINE (1) to Exclude the Testimony and Opinions of Victoria Wilkerson under Fed. R. Evid. 702 and Daubert 331 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Proud Usahacharoenporn in Support, # 2 Exhibit 1 (Redacted), # 3 Exhibit 2)(Usahacharoenporn, Proud) (Entered: 08/28/2023)
8/28/2023350[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the hearing on Plaintiff/Counter-Defendant's Motion for Partial Reconsideration 342 is ADVANCED from Monday, September 25, 2023, at 1:30 p.m. to September 18, 2023 at 11:00 a.m. before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 08/28/2023)
8/28/2023349[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the hearing on Defendant Array US, Inc.'s Motion for Partial Reconsideration 324 is ADVANCED from Monday, September 18, 2023, at 1:30 p.m. to Monday, September 18, 2023, at 11:00 a.m. **TIME CHANGE ONLY** THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 08/28/2023)
8/27/2023 Opposition Opposition re: MOTION IN LIMINE (#3) to Exclude Any Evidence and Testimony of The Volume of 1B and 3B Reports Bought and Sold 330 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/27/2023 Opposition Opposition re: MOTION IN LIMINE (3) to Exclude Any Evidence and Testimony in Front of the Jury Relating to Allegations of Fraud 335 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/27/2023 Opposition Opposition re: MOTION IN LIMINE (2) to Exclude Any Evidence and Testimony of Alleged Industry Pricing Standards 334 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/27/2023 Opposition Opposition re: MOTION IN LIMINE (#2) to Preclude Evidence And Testimony Regarding The Profinity Investigation And Settlement 329 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/27/2023 Opposition Opposition re: MOTION IN LIMINE (#1) to Preclude Evidence And Testimony Of Alleged Breach Of Bureau Contracts 326 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/27/2023 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 324 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/27/2023)
8/25/2023 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 filed by Plaintiff ConsumerDirect, Inc.. Motion set for hearing on 9/25/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Proposed Order) (Usahacharoenporn, Proud) (Entered: 08/25/2023)
8/24/2023MEMORANDUM in Opposition to MOTION to Compel Production of Responses and Records Pursuant to Requests for Production 232 (Redacted Supplemental Brief in Opposition to Motion to Compel) filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Attachments: # 1 Declaration of Rex Lee in Support of Array's Supplemental Memorandum, # 2 Exhibit A)(Lee, Rex) (Entered: 08/24/2023)
8/23/2023SEALED DOCUMENT Exhibits attached to Terwey Declaration re MOTION IN LIMINE (1) to Exclude the Testimony and Opinions of Victoria Wilkerson under Fed. R. Evid. 702 and Daubert 331 , Order on Motion for Leave to File Document Under Seal 336 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Exhibit 1, # 2 Unredacted Document Exhibit 2, # 3 Unredacted Document Exhibit 3)(Terwey, Margaret) (Entered: 08/23/2023)
8/23/2023SEALED DOCUMENT re MOTION IN LIMINE to Preclude Testimony FROM BARRY BELL UNDER FRE 702; DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT THEREOF 338 , Order on Motion for Leave to File Document Under Seal 337 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Proud Usahacharoenporn, # 2 Unredacted Document Exhibit A, # 3 Unredacted Document Exhibit B, # 4 Unredacted Document Exhibit C)(Usahacharoenporn, Proud) (Entered: 08/23/2023)
8/23/2023 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Testimony FROM BARRY BELL UNDER FRE 702; DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT THEREOF filed by Plaintiff ConsumerDirect, Inc.. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Usahacharoenporn, Proud) (Entered: 08/23/2023)
8/23/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S MOTION IN LIMINE NO. 1 AND EXHIBITS THERETO UNDER SEAL 325 by Judge James V. Selna. (lom) (Entered: 08/23/2023)
8/23/2023ORDER GRANTING DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 332 by Judge James V. Selna. (lom) (Entered: 08/23/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude Any Evidence and Testimony in Front of the Jury Relating to Allegations of Fraud filed by Defendant Array US, Inc.. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order)(Terwey, Margaret) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Any Evidence and Testimony of Alleged Industry Pricing Standards filed by Defendant Array US, Inc.. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order)(Terwey, Margaret) (Entered: 08/22/2023)
8/22/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 1-3 to the Declaration of Margaret Terwey under seal 332 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Exhibit 1, # 2 Unredacted Document Exhibit 2, # 3 Unredacted Document Exhibit 3)(Terwey, Margaret) (Entered: 08/22/2023)
8/22/2023 APPLICATION to file document Exhibits 1-3 to the Declaration of Margaret Terwey under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration, # 2 Redacted Document Exhibit 1, # 3 Redacted Document Exhibit 2, # 4 Redacted Document Exhibit 3, # 5 Proposed Order)(Terwey, Margaret) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude the Testimony and Opinions of Victoria Wilkerson under Fed. R. Evid. 702 and Daubert filed by Defendant Array US, Inc.. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order)(Terwey, Margaret) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Any Evidence and Testimony of The Volume of 1B and 3B Reports Bought and Sold filed by defendant Pentius, LLC. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Declaration of Timothy B. Yoo, # 2 Proposed Order)(Yoo, Timothy) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Evidence And Testimony Regarding The Profinity Investigation And Settlement filed by Defendant Pentius, LLC. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Declaration of Ashley D. Bowman, # 2 Proposed Order)(Bowman, Ashley) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Preclude EVIDENCE OR ARGUMENT REGARDING KEVIN CARROLL RECORDING filed by Plaintiff ConsumerDirect, Inc.. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 08/22/2023)
8/22/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document MOTION IN LIMINE NO. 1 AND EXHIBITS THERETO under seal 325 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Decl. of Proud Usahacharoenporn, # 2 Unredacted Document Exhibit A, # 3 Unredacted Document Exhibit B, # 4 Unredacted Document Exhibit C)(Usahacharoenporn, Proud) (Entered: 08/22/2023)
8/22/2023 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Evidence And Testimony Of Alleged Breach Of Bureau Contracts filed by Defendant Pentius, LLC. Motion set for hearing on 9/18/2023 at 11:00 AM before Judge James V. Selna. (Attachments: # 1 Declaration of Ashley D. Bowman, # 2 Proposed Order)(Bowman, Ashley) (Entered: 08/22/2023)
8/22/2023 APPLICATION to file document MOTION IN LIMINE NO. 1 AND EXHIBITS THERETO under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Proposed Order)(Usahacharoenporn, Proud) (Entered: 08/22/2023)
8/21/2023 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment,, Order on Motion to Strike 311 filed by Defendants Array US, Inc.. Motion set for hearing on 9/18/2023 at 01:30 PM before Judge James V. Selna. (Bexley, Tyler) (Entered: 08/21/2023)
8/17/2023MINUTE ORDER [IN CHAMBERS] Order Regarding Motion to Strike, Motion for Leave, and Motion for Partial Summary Judgment [ 242 , 293 , 295 ] PUBLIC VERSION by Judge James V. Selna: For the following reasons, the Court GRANTS ConsumerDirect's Motion for Leave, DENIES Array's Motion to Strike, and GRANTS in part and DENIES in part ConsumerDirect's Motion for Partial Summary Judgment. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 08/28/2023)
8/17/2023SEALED - MINUTES [IN CHAMBERS] Order Regarding Motion to Strike, Motion for Leave, and Motion for Partial Summary Judgment [242, 293, 295] (bm) (Entered: 08/17/2023)
8/17/2023ORDER GRANTING DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM AND EXHIBIT UNDER SEAL 315 by Judge James V. Selna: The Court, GRANTS 315 defendant/counter-claimant Array US, Inc.'s Application for Leave to File Documents Under Seal. Public redacted version of memorandum to be filed within seven days. (es) (Entered: 08/17/2023)
8/16/2023 ORDER GRANTING JOINT STIPULATION REGARDING TIME EXTENSION ON FORENSIC INVESTIGATION 317 by Judge James V. Selna, The Court, GRANTS the Joint Stipulation. Setec Investigations shall have until August 29, 2023 to produce its written report of findings. (es) (Entered: 08/16/2023)
8/16/2023REPLY APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal 314 , APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal 315 CONSUMERDIRECT, INC.S RESPONSE TO ARRAY US, INC.S AUGUST 15, 2023 SUPPLEMENTAL MEMORANDUM REGARDING CONSUMERDIRECT, INC.S MOTION TO COMPEL filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/16/2023)
8/16/2023NOTICE OF ERRATA filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. correcting APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal 314 (Lee, Rex) (Entered: 08/16/2023)
8/15/2023Joint STIPULATION for Extension of Time to File Written Report of Findings filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 08/15/2023)
8/15/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal 315 filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, Rex) (Entered: 08/15/2023)
8/15/2023 APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Supplemental Memorandum in Opposition to ConsumerDirect's Motion to Compel, # 3 Declaration of Rex Lee, # 4 Redacted Exhibit A)(Lee, Rex) (Entered: 08/15/2023)
8/15/2023 APPLICATION to file document (Defendant Array US, Inc.s supplemental memorandum in opposition to motion to compel Dkt. 227) under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Supplemental Memorandum in Opposition to ConsumerDirect's Motion to Compel, # 3 Declaration of Rex Lee, # 4 Redacted Exhibit A) (Lee, Rex) (Entered: 08/15/2023)
8/14/2023 MINUTES OF Motion Hearing 242 , 293 , 295 held before Judge James V. Selna: Cause is called for hearing and counsel make their appearances. The Court's tentative ruling is issued. Motions are argued and taken under submission. A separate order to follow. Court Reporter: Miriam Baird. (es) (Entered: 08/14/2023)
8/14/2023 BRIEF filed by Defendant and Counterclaim Plaintiff Array US, Inc.. as Requested in Court's August 11, 2023 Tentative Opinion (Attachments: # 1 Proposed Order)(Terwey, Margaret) (Entered: 08/14/2023)
8/8/2023(REDACTED) MINUTE ORDER [IN CHAMBERS] Order Regarding Regarding Motion to Strike and Motions for Summary Judgment [236, 222, 225] REDACTED by Judge James V. Selna: This Order reflects the Court's final order on the instant motions. For the following reasons, the Court makes the following rulings: GRANTS in part and DENIES in part the Motion to Strike (Dkt. No. 236 ). GRANTS in part and DENIES in part Array's Motion for Summary Judgment (Dkt. No. 222 ). GRANTS in part and DENIES in part Pentius Defendants' Motion for Summary Judgment (Dkt. No. 225 .) [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 08/17/2023)
8/8/2023SEALED - MINUTES [IN CHAMBERS] Order Regarding Regarding Motion to Strike and Motions for Summary Judgment [236, 222, 225] (bm) (Entered: 08/08/2023)
8/7/2023ORDER GRANTING JOINT STIPULATION REGARDING PRETRIAL DATES by Judge James V. Selna, re Stipulation to Continue 305 THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. The last day to complete ADR shall be extended from August 4, 2023 to August 17, 2023; the last day for counsel to conduct a pretrial meeting pursuant to LR 16-2 shall be extended from August 9, 2023 to August 23, 2023; and the motion in limine deadline shall be extended from August 11, 2023 to August 22, 2023. (es) (Entered: 08/08/2023)
8/7/2023REPLY NOTICE OF MOTION AND MOTION to Strike Answer to Counterclaim, 276 293 filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Bexley, Tyler) (Entered: 08/07/2023)
8/7/2023RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Strike Answer to Counterclaim, 276 293 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/07/2023)
8/4/2023REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 and at the Court's Request Dkt 303 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 08/04/2023)
8/4/2023REPLY RESPONSE TO JULY 31, 2023 ORDER REGARDING ARRAY US, INC.S MOTION FOR SUMMARY JUDGMENT filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/04/2023)
8/4/2023 STIPULATION to Continue PRETRIAL DATES from August 9, 2023 to August 23, 2023 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 08/04/2023)
7/31/2023OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file ANSWER TO COUNTERCLAIM 295 filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 07/31/2023)
7/31/2023MINUTE ORDER [IN CHAMBERS] Order Regarding Regarding Motions for SummaryJudgment [222, 225] by Judge James V. Selna: Based on CRST Van Expedited, 479 F.3d 1099, it would appear the Court must deny Array's Motion as to the claim for intentional interference with prospective business advantage if the claim for interference with contract survives. But because Array was not given an opportunity to respond, the Court requests additional briefing: Each party is permitted one brief not to exceed six pages due no later than Friday, August 4, 2023. IT IS SO ORDERED. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es) (Entered: 07/31/2023)
7/31/2023 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Strike Answer to Counterclaim, 276 293 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 07/31/2023)
7/27/2023RESPONSE filed by Defendant Array US, Inc.to Supplement(Motion related), 298 (Bexley, Tyler) (Entered: 07/27/2023)
7/26/2023 MINUTES OF PLAINTIFF'S MOTION TO COMPEL AGAINST PENTIUS LLCAND ARRAY USA INC. 232 Hearing held before Magistrate Judge Autumn D. Spaeth: Case is called for hearing. Appearances entered. Argument by counsel as reflected on the record. Plaintiff's motion is TAKEN UNDER SUBMISSION. Written order to follow. Court Recorder: CS 07/26/2023. (kh) (Entered: 07/26/2023)
7/25/2023ORDER GRANTING JOINT STIPULATION REGARDING BRIEFING ON MOTION TO STRIKE AND MOTION FOR LEAVE 297 by Judge James V. Selna, THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. Oppositions to the Motion to Strike (Dkt No. 293) and Motion for Leave (Dkt No. 295) shall be filed by July 31, 2023 and replies shall be filed by August 7, 2023. Both motions will be heard on August 14, 2023 at 1:30 p.m. as noticed. (es) (Entered: 07/26/2023)
7/25/2023SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 CONSUMERDIRECT, INC.S SUPPLEMENTAL HEARING BRIEF REGARDING ARRAYS MOTION FOR SUMMARY JUDGMENT filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 07/25/2023)
7/25/2023Joint STIPULATION for Leave to REGARDING BRIEFING ON MOTION TO STRIKE AND MOTION FOR LEAVE filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 07/25/2023)
7/24/2023 MINUTES OF Motion Hearing 222 , 225 , 236 , 242 , 293 , 295 held before Judge James V. Selna: The Court's tentative ruling is issued. Motions are argued. As stated on the record the Court orders counsel to meet and confer by the end of the week and submit a stipulation and proposed order with an agreed briefing schedule. Court Reporter: Debbie Hino-Spaan. (es) (Entered: 07/24/2023)
7/14/2023 NOTICE OF MOTION AND MOTION for Leave to file ANSWER TO COUNTERCLAIM filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 8/14/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Proud Usahacharoenporn, # 2 Exhibit A to Declaration of Proud Usahacharoenporn, # 3 Declaration of Laura Fenwick, # 4 Proposed Order) (Usahacharoenporn, Proud) (Entered: 07/14/2023)
7/13/2023ORDER GRANTING JOINT STIPULATION TO CONTINUE HEARING DATE ON MOTION TOCOMPEL TO JULY 26, 2023 by Magistrate Judge Autumn D. Spaeth: The Stipulation 292 is GRANTED. The hearing on the Motion to Compel 232 , currently scheduledfor July 19, 2023, is continued to July 26, 2023 at 10:00 a.m. in Courtroom 6B in Santa Ana. (kh) (Entered: 07/13/2023)
7/13/2023 NOTICE OF MOTION AND MOTION to Strike Answer to Counterclaim, 276 filed by Defendant and Counterclaim Plaintiff Array US, Inc.. Motion set for hearing on 8/14/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Proposed Order) (Terwey, Margaret) (Entered: 07/13/2023)
7/13/2023Joint STIPULATION to Continue Hearing Date on Motion to Compel (Dkt. 227) from July 19, 2023 to July 26, 2023 Re: APPLICATION to file document Joint Stipulation re Motion to Compel, Exhibits J and K under seal 227 filed by Defendant/Counter-Claimant Array US, Inc.(a Delaware corporation). (Attachments: # 1 Proposed Order)(Lee, Rex) (Entered: 07/13/2023)
7/12/2023PROOF OF SERVICE filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company, re Sealed Document,, 290 (Proof of Service of Defendants' Sealed Document Filing at Docket 290) served on July 12, 2023. (Bowman, Ashley) (Entered: 07/12/2023)
7/12/2023SEALED DOCUMENT (Exhibit 20 and Exhibit 22 to Bowman Reply Declaration, and Defendants' Response to Plaintiff's Statement of Genuine Issues) re Reply (Motion related),,, 283 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint As to All Causes of Action 225 , Order on Motion for Leave to File Document Under Seal, 289 filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Unredacted Document Exhibit 22 to Bowman Reply Declaration, # 2 Unredacted Document Defendants' Response to Plaintiff's Statement of Genuine Issues)(Bowman, Ashley) (Entered: 07/12/2023)
7/11/2023ORDER GRANTING DEFENDANTS PENTIUS, LLC, PENTOPS, LLC, AND SYSTEM ADMIN, LLC'S APPLICATION FOR LEAVE TO FILE UNDER SEAL CERTAIN DOCUMENTS SUPPORTING DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT 284 by Judge James V. Selna: IT IS HEREBY ORDERED THAT: The Application 284 is GRANTED and Moving Defendants are directed to file the following documents under seal: SEE DOCUMENT FOR FURTHER DETAILS. (es) (Entered: 07/11/2023)
7/11/2023SEALED REPLY RE NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Select Array's Claims 242 , Order on Motion for Leave to File Document Under Seal, 287 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Response to Statement of Genuine Disputes, # 2 Unredacted Document Evidentiary Objections, # 3 Unredacted Document Proof of Service)(Usahacharoenporn, Proud) (Entered: 07/11/2023)
7/11/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S REPLY IN SUPPORT OF PARTIAL MOTION FOR SUMMARY JUDGMENT AND EXHIBITS THERETO UNDER SEAL 278 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File ConsumerDirect's Reply in Support of Partial Motion for Summary Judgment and Exhibits Under Seal. (es) (Entered: 07/11/2023)
7/10/2023PROOF OF SERVICE filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company, re Sealed Declaration in SupportDeclaration,, 285 (Proof of Service of Defendants' Sealed Declaration Filing at Docket 285) served on July 10, 2023. (Bowman, Ashley) (Entered: 07/10/2023)
7/10/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibit 20 and Exhibit 22 to Bowman Reply Declaration, and Defendants' Response to Plaintiff's Statement of Genuine Issues) under seal 284 filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Unredacted Document UNREDACTED Exhibit 20 to Bowman Reply Declaration, # 2 Unredacted Document UNREDACTED Exhibit 22 to Bowman Reply Declaration, # 3 Unredacted Document UNREDACTED Defendants' Response to Plaintiff's Statement of Genuine Issues)(Bowman, Ashley) (Entered: 07/10/2023)
7/10/2023 APPLICATION to file document (Exhibit 20 and Exhibit 22 to Bowman Reply Declaration, and Defendants' Response to Plaintiff's Statement of Genuine Issues) under seal filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Proposed Order to Defendants' Application to Seal, # 2 Redacted Document Exhibit 20 REDACTED to Bowman Reply Declaration, # 3 Redacted Document Exhibit 22 REDACTED to Bowman Reply Declaration, # 4 Redacted Document REDACTED Defendants' Response to Plaintiff's Statement of Genuine Issues)(Bowman, Ashley) (Entered: 07/10/2023)
7/10/2023REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint As to All Causes of Action 225 (Defendants Pentius, LLC, Pentops, LLC, And System Admin, LLC's Reply In Support Of Their Motion For Summary Judgment) filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Declaration of Ashley D. Bowman, # 2 Exhibit 19 to Bowman Declaration, # 3 Exhibit 20 REDACTED to Bowman Declaration, # 4 Exhibit 21 to Bowman Declaration, # 5 Exhibit 22 REDACTED to Bowman Declaration, # 6 Exhibit 23 to Bowman Declaration, # 7 Declaration of Chad Ertel, # 8 Defendants' Response to Plaintiff's Evidentiary Objections to Bowman Declaration, # 9 REDACTED Defendants' Response to Plaintiff's Statement of Genuine Issues)(Bowman, Ashley) (Entered: 07/10/2023)
7/10/2023RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document -Defendant Array US, Inc.'s Reply in Further Support of its Statement of Uncontroverted Facts)(Bexley, Tyler) (Entered: 07/10/2023)
7/10/2023ORDER GRANTING JOINT STIPULATION REGARDING FORENSIC INVESTIGATION 265 by Judge James V. Selna, NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT. THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED: 10,000 words Only. (es) (Entered: 07/10/2023)
7/10/2023PROOF OF SERVICE filed by Plaintiff and Counter-Defendant ConsumerDirect, Inc., re Sealed Declaration in SupportDeclaration, 279 served on July 10, 2023. (Usahacharoenporn, Proud) (Entered: 07/10/2023)
7/10/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document ConsumerDirects Reply to Motion for Partial Summary Judgment and Supporting Documents under seal 278 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Reply re Motion for Partial Summary Judgment, # 2 Unredacted Document Response to Statement of Genuine Disputes, # 3 Unredacted Document Evidentiary Objections to Bexley Declaration)(Usahacharoenporn, Proud) (Entered: 07/10/2023)
7/10/2023 APPLICATION to file document ConsumerDirects Reply to Motion for Partial Summary Judgment and Supporting Documents under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Reply in Support of ConsumerDirect's Motion for Partial Summary Judgment, # 3 Declaration of P. Usahacharoenporn, # 4 Exhibit A, # 5 Redacted Document Response to Statement of Genuine Disputes, # 6 Redacted Document Evidentiary Objections)(Usahacharoenporn, Proud) (Entered: 07/10/2023)
7/10/2023REPLY Reply NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Select Array's Claims 242 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of P. Usahacharoenporn, # 2 Exhibit A, # 3 Redacted Document Response to Statement of Genuine Disputes, # 4 Redacted Document Evidentiary Objections to Bexley Declaration)(Usahacharoenporn, Proud) (Entered: 07/10/2023)
7/5/2023 CONSUMERDIRECT'S ANSWER TO ARRAY'S SECOND AMENDED COUNTER-CLAIM ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 170 with JURY DEMAND filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 07/05/2023)
7/5/2023SUPPLEMENT to MOTION to Compel Production of Responses and Records Pursuant to Requests for Production 232 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 07/05/2023)
7/5/2023SEALED DOCUMENT (Exhibits 1-5, 9, and 12) re Order on Motion for Leave to File Document Under Seal 273 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document -Exhibit 1-Deposition of Martin Toha, # 2 Unredacted Document -Exhibit 2- Deposition of Ken Greaux, # 3 Unredacted Document -Exhibit 3- Deposition of Steve Reger, # 4 Unredacted Document -Exhibit 4- Deposition of Kevin Carroll, # 5 Unredacted Document -Exhibit 5- Deposition of Russ Lambert, # 6 Exhibit 6-Email, # 7 Exhibit 7-Email, # 8 Exhibit 8-Email, # 9 Unredacted Document -Exhibit 9-Email, # 10 Exhibit 10- Email, # 11 Exhibit 11- Email, # 12 Unredacted Document -Exhibit 12-Email)(Bexley, Tyler) (Entered: 07/05/2023)
7/5/2023ORDER GRANTING DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 269 by Judge James V. Selna. The Court GRANTS Defendant Array US, Inc's Application for Leave to File Documents Under Seal. (lom) (Entered: 07/05/2023)
7/3/2023SEALED DOCUMENT Confidential Joint Stipulation re Third Party Forensic Investigation re Stipulation for Discovery 265 , Order on Motion for Leave to File Document Under Seal, 271 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 07/03/2023)
7/3/2023[DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL filed as] SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 269 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Opposition to Plaintiff's Motion for Summary Judgment, # 2 Unredacted Document -Exhibit 1- Deposition Transcript of Martin Toha, # 3 Unredacted Document -Exhibit 2-Deposition of Ken Greaux, # 4 Unredacted Document -Exhibit 3- Deposition of Steve Reger, # 5 Unredacted Document -Exhibit 4- Deposition of Kevin Carroll, # 6 Unredacted Document -Exhibit 5- Deposition of Russ Lambert, # 7 Exhibit 6- Email, # 8 Exhibit 7- Email, # 9 Exhibit 8- Email, # 10 Unredacted Document -Exhibit 9, # 11 Exhibit 10-Email, # 12 Exhibit 11-Email, # 13 Unredacted Document 12-Email, # 14 Proposed Order Granting Defendant Array US, Inc.'s Application to File Documents Under Sea)(Bexley, Tyler) Modified on 7/5/2023 (lom). (Entered: 07/03/2023)
7/3/2023 APPLICATION to file document under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Opposition to Plaintiff's Motion for Summary Judgment, # 2 Redacted Document -Exhibit 1- Deposition Transcript of Martin Toha, # 3 Redacted Document -Exhibit 2-Deposition of Ken Greaux, # 4 Redacted Document -Exhibit 3- Deposition of Steve Reger, # 5 Redacted Document -Exhibit 4- Deposition of Kevin Carroll, # 6 Redacted Document -Exhibit 5- Deposition of Russ Lambert, # 7 Exhibit 6- Email, # 8 Exhibit 7-Email, # 9 Exhibit 8-Email, # 10 Redacted Document -Exhibit 9, # 11 Exhibit 10-Email, # 12 Exhibit 11- Email, # 13 Redacted Document -Exhibit 12, # 14 Proposed Order Granting Defendant Array US, Inc.'s Application to File Documents Under Sea)(Bexley, Tyler) (Entered: 07/03/2023)
7/3/2023OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Select Array's Claims 242 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document -Defendant Array US, Inc.'s Statement of Genuine Disputes of Material Fact)(Bexley, Tyler) (Entered: 07/03/2023)
6/30/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL JOINT STIPULATION REGARDING THIRD PARTY FORENSIC INVESTIGATION UNDER SEAL 266 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Confidential Joint Stipulation Regarding Third Party Forensic Investigation Under Seal. (es) (Entered: 07/03/2023)
6/30/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation under seal 266 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Joint Stipulation)(Usahacharoenporn, Proud) (Entered: 06/30/2023)
6/30/2023 APPLICATION to file document Joint Stipulation under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order re Filing Under Seal, # 2 Redacted Document Joint Stipulation, # 3 Proposed Order re Joint Stipulation)(Usahacharoenporn, Proud) (Entered: 06/30/2023)
6/30/2023 STIPULATION for Discovery as to Third Party Forensic Investigation filed by Plaintiff and Counter-Defendant ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 06/30/2023)
6/28/2023SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION to Strike the Opinions of Victoria Wilkerson 236 , Order on Motion for Leave to File Document Under Seal 260 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Exhibit 1, # 2 Unredacted Document Exhibit 2, # 3 Unredacted Document Exhibit 3, # 4 Unredacted Document Exhibit 5)(Usahacharoenporn, Proud) (Entered: 06/28/2023)
6/28/2023SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint As to All Causes of Action 225 , Order on Motion for Leave to File Document Under Seal, 259 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Statement of Genuine Disputes, # 2 Unredacted Document Exhibit 1, # 3 Unredacted Document Exhibit 2, # 4 Unredacted Document Exhibit 5, # 5 Unredacted Document Exhibit 6, # 6 Unredacted Document Exhibit 7, # 7 Unredacted Document Exhibit 8, # 8 Unredacted Document Exhibit 9)(Usahacharoenporn, Proud) (Entered: 06/28/2023)
6/28/2023SEALED OPPOSITION RE NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 , Order on Motion for Leave to File Document Under Seal, 258 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Statement of Genuine Disputes, # 2 Unredacted Document Declaration of Steve Reger, # 3 Unredacted Document Declaration of David Coulter, # 4 Unredacted Document Exhibit 1, # 5 Unredacted Document Exhibit 2, # 6 Unredacted Document Exhibit 3, # 7 Unredacted Document Exhibit 4, # 8 Unredacted Document Exhibit 5, # 9 Unredacted Document Exhibit 6, # 10 Unredacted Document Exhibit 7, # 11 Unredacted Document Exhibit 8, # 12 Unredacted Document Exhibit 9, # 13 Unredacted Document Exhibit 10, # 14 Unredacted Document Exhibit 11, # 15 Unredacted Document Exhibit 12, # 16 Unredacted Document Exhibit 14, # 17 Unredacted Document Exhibit 15, # 18 Unredacted Document Exhibit 16, # 19 Unredacted Document Exhibit 17, # 20 Unredacted Document Exhibit 18, # 21 Unredacted Document Exhibit 19, # 22 Unredacted Document Exhibit 20, # 23 Unredacted Document Exhibit 21, # 24 Unredacted Document Exhibit 22, # 25 Unredacted Document Exhibit 23, # 26 Unredacted Document Exhibit 24, # 27 Unredacted Document Exhibit 25, # 28 Unredacted Document Exhibit 26, # 29 Unredacted Document Exhibit 27, # 30 Unredacted Document Exhibit 28, # 31 Unredacted Document Exhibit 29, # 32 Unredacted Document Exhibit 31, # 33 Unredacted Document Exhibit 32, # 34 Unredacted Document Exhibit 33, # 35 Unredacted Document Exhibit 34, # 36 Unredacted Document Exhibit 35, # 37 Unredacted Document Exhibit 36, # 38 Unredacted Document Exhibit 38, # 39 Unredacted Document Exhibit 39, # 40 Unredacted Document Exhibit 43)(Usahacharoenporn, Proud) (Entered: 06/28/2023)
6/28/2023SEALED DOCUMENT re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Select Array's Claims 242 , Order on Motion for Leave to File Document Under Seal, 256 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Statement of Uncontroverted Facts, # 2 Declaration of D. Coulter, # 3 Unredacted Document Exhibit 1, # 4 Unredacted Document Exhibit 2, # 5 Unredacted Document Exhibit 3, # 6 Unredacted Document Exhibit 4, # 7 Declaration of P. Usahacharoenporn, # 8 Unredacted Document Exhibit 5, # 9 Unredacted Document Exhibit 7, # 10 Unredacted Document Exhibit 8, # 11 Unredacted Document Exhibit 10, # 12 Unredacted Document Exhibit 11, # 13 Unredacted Document Exhibit 15, # 14 Unredacted Document Exhibit 16, # 15 Unredacted Document Exhibit 17, # 16 Unredacted Document Exhibit 18, # 17 Unredacted Document Exhibit 19, # 18 Unredacted Document Exhibit 21)(Usahacharoenporn, Proud) (Entered: 06/28/2023)
6/27/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S OPPOSITION TO ARRAY US, INC.'S MOTION STRIKE UNDER SEAL 253 by Judge James V. Selna. (es) (Entered: 06/28/2023)
6/27/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S OPPOSITION TO PENTIUS, LLC, PENTOPS, LLC, AND SYSTEM ADMIN, LLC'S MOTION FOR SUMMARY JUDGMENT AND EXHIBITS THERETO UNDER SEAL 250 by Judge James V. Selna: (es) (Entered: 06/28/2023)
6/27/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S OPPOSITION TO ARRAY US, INC.'S MOTION FOR SUMMARY JUDGMENT AND EXHIBITS THERETO UNDER SEAL 247 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File ConsumerDirect Inc.'s Opposition to Array US, Inc.'s Motion for Summary Judgment and Exhibits Under Seal. (es) (Entered: 06/28/2023)
6/27/2023ORDER GRANTING JOINT STIPULATION REGARDING FORENSIC INVESTIGATION 245 by Judge James V. Selna, the parties will file a stipulation with a proposed protocol for a forensic investigation by June 20, 2023. (es) (Entered: 06/28/2023)
6/27/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE CONSUMERDIRECT, INC.'S PARTIAL MOTION FOR SUMMARY JUDGMENT AND EXHIBITS THERETO UNDER SEAL 243 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File ConsumerDirect's Partial Motion for Summary Judgment and Exhibits Under Seal. (es) (Entered: 06/28/2023)
6/27/2023255[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the hearings on Defendants' Motions for Summary Judgment [Dkt Nos. 222, 225], and Defendant's Motion to Strike [Dkt No. 236] are continued from Monday, July 17, 2023 to July 24, 2023 at 1:30 p.m. before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY (Entered: 06/27/2023)
6/26/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Array US, Inc.'s Motion to Exclude Damages under seal 253 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Opposition to Array US, Inc.'s Motion to Exclude Damages, # 2 Unredacted Document Exhibit 1, # 3 Unredacted Document Exhibit 2, # 4 Unredacted Document Exhibit 3, # 5 Unredacted Document Exhibit 5)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 APPLICATION to file document Opposition to Array US, Inc.'s Motion to Exclude Damages under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Opposition to Array US, Inc.'s Motion to Exclude Damages, # 3 Declaration of Proud Usahacharoenporn, # 4 Redacted Document Exhibit 1, # 5 Redacted Document Exhibit 2, # 6 Redacted Document Exhibit 3, # 7 Exhibit 4, # 8 Redacted Document Exhibit 5)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Strike the Opinions of Victoria Wilkerson 236 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of Proud Usahacharoenporn, # 2 Exhibit 1 (Redacted), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3 (Redacted), # 5 Exhibit 4, # 6 Exhibit 5 (Redacted))(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Pentius LLC, Pentops LLC, and System Admin LLC's Motion for Summary Judgment under seal 250 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Opposition to Pentius LLC, Pentops LLC, and System Admin LLC's Motion for Summary Judgment, # 2 Unredacted Document Statement of Genuine Disputes, # 3 Unredacted Document Exhibit 1, # 4 Unredacted Document Exhibit 2, # 5 Unredacted Document Exhibit 5, # 6 Unredacted Document Exhibit 6, # 7 Unredacted Document Exhibit 7, # 8 Unredacted Document Exhibit 8, # 9 Unredacted Document Exhibit 9)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 APPLICATION to file document Opposition to Pentius LLC, Pentops LLC, and System Admin LLC's Motion for Summary Judgment under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Opposition to Pentius LLC, Pentops LLC, and System Admin LLC's Motion for Summary Judgment, # 3 Redacted Document Statement of Genuine Disputes, # 4 Evidentiary Objections to Declaration of Ashley D. Bowman, # 5 Declaration of Proud Usahacharoenporn, # 6 Redacted Document Exhibit 1, # 7 Redacted Document Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Redacted Document Exhibit 5, # 11 Redacted Document Exhibit 6, # 12 Exhibit Exhibit 7, # 13 Redacted Document Exhibit 8, # 14 Redacted Document Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint As to All Causes of Action 225 ConsumerDirect, Inc.'s Opposition to Pentius LLC, Pentops LLC, and System Admin LLC's Motion for Summary Judgment filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Redacted Statement of Genuine Disputes in Response, # 2 Evidentiary Objections to Declaration of Ashley D. Bowman, # 3 Declaration of Proud Usahacharoenporn, # 4 Exhibit 1 (Partially Redacted), # 5 Exhibit 2 (Partially Redacted), # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5 (Redacted), # 9 Exhibit 6 (Redacted), # 10 Exhibit 7 (Redacted), # 11 Exhibit 8 (Redacted), # 12 Exhibit 9 (Redacted), # 13 Exhibit 10, # 14 Exhibit 11)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition to Array US, Inc.'s Motion for Summary Judgment and Supporting Evidence under seal 247 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Opposition to Array US, Inc.'s Motion for Summary Judgment, # 2 Unredacted Document Statement of Genuine Disputes, # 3 Unredacted Document Declaration of Steve Reger, # 4 Unredacted Document Declaration of David Coulter, # 5 Unredacted Document Exhibit 1, # 6 Unredacted Document Exhibit 2, # 7 Unredacted Document Exhibit 3, # 8 Unredacted Document Exhibit 4, # 9 Unredacted Document Exhibit 5, # 10 Unredacted Document Exhibit 6, # 11 Unredacted Document Exhibit 7, # 12 Unredacted Document Exhibit 8, # 13 Unredacted Document Exhibit 9, # 14 Unredacted Document Exhibit 10, # 15 Unredacted Document Exhibit 11, # 16 Unredacted Document Exhibit 12, # 17 Unredacted Document Exhibit 14, # 18 Unredacted Document Exhibit 15, # 19 Unredacted Document Exhibit 16, # 20 Unredacted Document Exhibit 17, # 21 Unredacted Document Exhibit 18, # 22 Unredacted Document Exhibit 19, # 23 Unredacted Document Exhibit 20, # 24 Unredacted Document Exhibit 21, # 25 Unredacted Document Exhibit 22, # 26 Unredacted Document Exhibit 23, # 27 Unredacted Document Exhibit 24, # 28 Unredacted Document Exhibit 25, # 29 Unredacted Document Exhibit 26, # 30 Unredacted Document Exhibit 27, # 31 Unredacted Document Exhibit 28, # 32 Unredacted Document Exhibit 29, # 33 Unredacted Document Exhibit 31, # 34 Unredacted Document Exhibit 32, # 35 Unredacted Document Exhibit 33, # 36 Unredacted Document Exhibit 34, # 37 Unredacted Document Exhibit 35, # 38 Unredacted Document Exhibit 36, # 39 Unredacted Document Exhibit 38, # 40 Unredacted Document Exhibit 39, # 41 Unredacted Document Exhibit 43)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 APPLICATION to file document Opposition to Array US, Inc.'s Motion for Summary Judgment and Supporting Evidence under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Opposition to Array US, Inc.'s Motion for Summary Judgment, # 3 Redacted Document Statement of Genuine Disputes, # 4 Redacted Document Declaration of Steve Reger, # 5 Declaration of Proud Usahacharoenporn, # 6 Redacted Document Declaration of David Coulter, # 7 Declaration of Angela Ortiz FKA Pescatore, # 8 Declaration of Rachelle Alexander, # 9 Redacted Document Exhibit 1, # 10 Redacted Document Exhibit 2, # 11 Redacted Document Exhibit 3, # 12 Redacted Document Exhibit 4, # 13 Redacted Document Exhibit 5, # 14 Redacted Document Exhibit 6, # 15 Redacted Document Exhibit 7, # 16 Redacted Document Exhibit 8, # 17 Redacted Document Exhibit 9, # 18 Redacted Document Exhibit 10, # 19 Redacted Document Exhibit 11, # 20 Redacted Document Exhibit 12, # 21 Exhibit 13, # 22 Redacted Document Exhibit 14, # 23 Redacted Document Exhibit 15, # 24 Redacted Document Exhibit 16, # 25 Redacted Document Exhibit 17, # 26 Redacted Document Exhibit 18, # 27 Redacted Document Exhibit 19, # 28 Redacted Document Exhibit 20, # 29 Redacted Document Exhibit 21, # 30 Redacted Document Exhibit 22, # 31 Redacted Document Exhibit 23, # 32 Redacted Document Exhibit 24, # 33 Redacted Document Exhibit 25, # 34 Redacted Document Exhibit 26, # 35 Redacted Document Exhibit 27, # 36 Redacted Document Exhibit 28, # 37 Redacted Document Exhibit 29, # 38 Exhibit 30, # 39 Redacted Document Exhibit 31, # 40 Redacted Document Exhibit 32, # 41 Redacted Document Exhibit 33, # 42 Redacted Document Exhibit 34, # 43 Redacted Document Exhibit 35, # 44 Redacted Document Exhibit 36, # 45 Exhibit 37, # 46 Redacted Document Exhibit 38, # 47 Redacted Document Exhibit 39, # 48 Exhibit 40, # 49 Exhibit 41, # 50 Exhibit 42, # 51 Redacted Document Exhibit 43, # 52 Evidentiary Objections to Declaration of Tyler Bexley)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/26/2023 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 ConsumerDirect, Inc.'s Opposition to Array US, Inc.'s Motion for Summary Judgment filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Redacted Statement of Genuine Disputes in Response, # 2 Declaration of Steve Reger, # 3 Declaration of Proud Usahacharoenporn, # 4 Declaration of David Coulter, # 5 Declaration of Angela Ortiz FKA Pescatore, # 6 Declaration of Rachelle Alexander, # 7 Exhibit 1 (Redacted), # 8 Exhibit 2 (Redacted), # 9 Exhibit 3 (Redacted), # 10 Exhibit 4 (Redacted), # 11 Exhibit 5 (Redacted), # 12 Exhibit 6 (Redacted), # 13 Exhibit 7 (Redacted), # 14 Exhibit 8 (Redacted), # 15 Exhibit 9 (Redacted), # 16 Exhibit 10 (Partially redacted), # 17 Exhibit 11 (Redacted), # 18 Exhibit 12 (Redacted), # 19 Exhibit 13, # 20 Exhibit 14 (Redacted), # 21 Exhibit 15 (Redacted), # 22 Exhibit 16 (Redacted), # 23 Exhibit 17 (Redacted), # 24 Exhibit 18 (Redacted), # 25 Exhibit 19 (Redacted), # 26 Exhibit 20 (Redacted), # 27 Exhibit 21 (Redacted), # 28 Exhibit 22 (Redacted), # 29 Exhibit 23 (Redacted), # 30 Exhibit 24 (Redacted), # 31 Exhibit 25 (Redacted), # 32 Exhibit 26 (Redacted), # 33 Exhibit 27 (Redacted), # 34 Exhibit 28 (Redacted), # 35 Exhibit 29 (Redacted), # 36 Exhibit 30, # 37 Exhibit 31 (Partially redacted), # 38 Exhibit 32 (Redacted), # 39 Exhibit 33 (Redacted), # 40 Exhibit 34 (Redacted), # 41 Exhibit 35 (Redacted), # 42 Exhibit 36 (Redacted), # 43 Exhibit 37, # 44 Exhibit 38 (Redacted), # 45 Exhibit 39 (Redacted), # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43 (Redacted), # 50 Evidentiary Objections to Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s MSJ)(Usahacharoenporn, Proud) (Entered: 06/26/2023)
6/23/2023JOINT STIPULATION REGARDING FORENSIC INVESTIGATION filed by Plaintiff ConsumerDirect, Inc. (Usahacharoenporn, Proud) (Entered: 06/23/2023)
6/23/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Motion for Partial Summary Judgment and Supporting Evidence under seal 243 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Motion for Partial Summary Judgment, # 2 Unredacted Document Statement of Uncontroverted Facts, # 3 Declaration of D. Coulter, # 4 Unredacted Document Exhibit 1, # 5 Unredacted Document Exhibit 2, # 6 Unredacted Document Exhibit 3, # 7 Unredacted Document Exhibit 4, # 8 Declaration of P. Usahacharoenporn, # 9 Unredacted Document Exhibit 5, # 10 Unredacted Document Exhibit 7, # 11 Unredacted Document Exhibit 8, # 12 Unredacted Document Exhibit 10, # 13 Unredacted Document Exhibit 11, # 14 Unredacted Document Exhibit 15, # 15 Unredacted Document Exhibit 16, # 16 Unredacted Document Exhibit 17, # 17 Unredacted Document Exhibit 18, # 18 Unredacted Document Exhibit 19, # 19 Unredacted Document Exhibit 21)(Usahacharoenporn, Proud) (Entered: 06/23/2023)
6/23/2023 APPLICATION to file document Motion for Partial Summary Judgment and Supporting Evidence under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Motion for Partial Summary Judgment, # 3 Redacted Document Statement of Uncontroverted Facts, # 4 Declaration of D. Coulter, # 5 Redacted Document Exhibit 1, # 6 Redacted Document Exhibit 2, # 7 Redacted Document Exhibit 3, # 8 Redacted Document Exhibit 4, # 9 Declaration of P. Usahacharoenporn, # 10 Redacted Document Exhibit 5, # 11 Redacted Document Exhibit 7, # 12 Redacted Document Exhibit 8, # 13 Redacted Document Exhibit 10, # 14 Redacted Document Exhibit 11, # 15 Redacted Document Exhibit 15, # 16 Redacted Document Exhibit 16, # 17 Redacted Document Exhibit 17, # 18 Redacted Document Exhibit 18, # 19 Redacted Document Exhibit 19, # 20 Redacted Document Exhibit 21)(Usahacharoenporn, Proud) (Entered: 06/23/2023)
6/23/2023 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Select Array's Claims filed by Plaintiff and Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 7/24/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Redacted Statement of Genuine Issues of Fact, # 2 Proposed Order, # 3 Declaration of D. Coulter, # 4 Exhibit 1 (Redacted), # 5 Exhibit 2 (Redacted), # 6 Exhibit 3 (Redacted), # 7 Exhibit 4 (Redacted), # 8 Declaration of P. Usahacharoenporn, # 9 Exhibit 5 (Partially Redacted), # 10 Exhibit 6, # 11 Exhibit 7 (Redacted), # 12 Exhibit 8 (Redacted), # 13 Exhibit 9, # 14 Exhibit 10 (Redacted), # 15 Exhibit 11 (Redacted), # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15 (Redacted), # 20 Exhibit 16 (Redacted), # 21 Exhibit 17 (Redacted), # 22 Exhibit 18 (Redacted), # 23 Exhibit 19 (Redacted), # 24 Exhibit 20, # 25 Exhibit 21 (Redacted)) (Usahacharoenporn, Proud) (Entered: 06/23/2023)
6/23/2023SEALED DOCUMENT (Exhibit 2, Exhibit 3, and Exhibit 4 in Support of the Motion to Strike the Opinions of Victoria Wilkerson) re Order on Motion for Leave to File Document Under Seal 240 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document -Exhibit 1- Deposition Transcript of Victoria Wilkerson, # 2 Unredacted Document -Exhibit 2- Consumerdirect, Inc.'s Expert Disclosure, # 3 Unredacted Document -Exhibit 3- Consumerdirect's Rebuttal Expert Disclosure, # 4 Unredacted Document -Exhibit 4-Consumerdirect-JSH Sur-Rebuttal Report)(Bexley, Tyler) (Entered: 06/23/2023)
6/22/2023ORDER GRANTING DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 237 by Judge James V. Selna: The Court, GRANTS Defendant Array US, Inc' Application for Leave to File Documents Under Seal. (es) (Entered: 06/22/2023)
6/20/2023Notice Regarding Retention of Third-Party Forensic Expert filed by Defendant Array US, Inc.. (Bexley, Tyler) (Entered: 06/20/2023)
6/19/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibit 2, Exhibit 3, and Exhibit 4 in Support of the Motion to Strike the Opinions of Victoria Wilkerson) under seal 237 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Motion to Strike Wilkerson, # 2 Exhibit 1- Transcript of Deposition of Victoria Wilkerson, # 3 Unredacted Document -Exhibit 2- Consumerdirect, Inc.'s Expert Disclosure, # 4 Unredacted Document -Exhibit 3- Consumerdirect, Inc.'s Rebuttal Expert Disclosure, # 5 Unredacted Document - Exhibit 4- Consumerdirect Sur-Rebuttal Report, # 6 Proposed Order Granting Defendant Array US, Inc.'s Application for Leave to File Documents Under Seal)(Bexley, Tyler) (Entered: 06/19/2023)
6/19/2023 APPLICATION to file document (Exhibit 2, Exhibit 3, and Exhibit 4 in Support of the Motion to Strike the Opinions of Victoria Wilkerson) under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Motion to Strike Wilkerson, # 2 Exhibit 1- Transcript of Deposition of Victoria Wilkerson, # 3 Redacted Document -Exhibit 2, # 4 Redacted Document -Exhibit 3, # 5 Redacted Document -Exhibit 4, # 6 Proposed Order Granting Defendant Array US, Inc.'s Application for Leave to File Documents Under Seal)(Bexley, Tyler) (Entered: 06/19/2023)
6/19/2023 NOTICE OF MOTION AND MOTION to Strike the Opinions of Victoria Wilkerson filed by Defendant Array US, Inc.. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Proposed Order Granting Defendant Array US, Inc.'s Motion to Strike the Opinions of Victoria Wilkerson) (Bexley, Tyler) (Entered: 06/19/2023)
6/12/2023 MINUTES OF Defendant's Motion for Termination and other Sanctions 203 Hearing held before Judge James V. Selna: The Court's tentative ruling is issued. Motion is argued. The Court STAYS the motion. The parties are ordered to meet and confer regarding retaining a forensic third party expert and advise the court of the name(s) within 7 days. Court Reporter: Mary Rickey. (es) (Entered: 06/13/2023)
6/8/2023234TEXT ONLY ENTRY: A motion has been filed in this case 232 . The parties are required to review Judge Spaeth's procedures page, http://www.cacd.uscourts.gov/honorable-autumn-d-spaeth, for important procedures regarding motions and mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY (Entered: 06/08/2023)
6/8/2023SEALED DOCUMENT Joint Stipulation re Motion to Compel, and Exhibits J and K re MOTION to Compel Production of Responses and Records Pursuant to Requests for Production 232 , Order on Motion for Leave to File Document Under Seal, 231 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Exhibit J and K)(Usahacharoenporn, Proud) (Entered: 06/08/2023)
6/8/2023 NOTICE OF MOTION AND MOTION to Compel Production of Responses and Records Pursuant to Requests for Production filed by Plaintiff and Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 7/19/2023 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: # 1 Proposed Order, # 2 Redacted Document Joint Stipulation re Motion to Compel, # 3 Declaration of P. Usahacharoenporn, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Redacted Document Exhibit J, # 14 Redacted Document Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O)(Usahacharoenporn, Proud) (Entered: 06/08/2023)
6/8/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE JOINT STIPULATION UNDER SEAL 227 by Judge James V. Selna: The Court, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Documents Under Seal. (es) (Entered: 06/08/2023)
6/7/2023SEALED DOCUMENT (Exhibits to T. Bexley Declaration) re NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions 222 , Order on Motion for Leave to File Document Under Seal 226 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Ex. 01, # 2 Unredacted Document Ex. 02, # 3 Unredacted Document Ex. 03, # 4 Unredacted Document Ex. 04, # 5 Unredacted Document Ex. 05, # 6 Exhibit Ex. 06_Native File, # 7 Unredacted Document Ex. 07, # 8 Unredacted Document Ex. 08, # 9 Unredacted Document Ex. 09, # 10 Unredacted Document Ex. 10, # 11 Exhibit Ex. 11, # 12 Unredacted Document Ex. 12, # 13 Unredacted Document Ex. 13, # 14 Unredacted Document Ex. 14, # 15 Unredacted Document Ex. 15, # 16 Unredacted Document Ex. 16, # 17 Exhibit Ex. 17, # 18 Exhibit Ex. 18, # 19 Exhibit Ex. 19, # 20 Exhibit Ex. 20, # 21 Unredacted Document Ex. 21, # 22 Exhibit Ex. 22, # 23 Unredacted Document Ex. 23, # 24 Exhibit Ex. 24, # 25 Exhibit Ex. 25, # 26 Exhibit Ex. 26, # 27 Exhibit Ex. 27, # 28 Unredacted Document Ex. 28, # 29 Exhibit Ex. 29, # 30 Unredacted Document Ex. 30_Native File, # 31 Exhibit Ex. 31, # 32 Exhibit Ex. 32, # 33 Exhibit Ex. 33, # 34 Unredacted Document Ex. 34, # 35 Exhibit Ex. 35, # 36 Exhibit Ex. 36, # 37 Unredacted Document Ex. 37, # 38 Unredacted Document Ex. 38, # 39 Unredacted Document Ex. 39, # 40 Exhibit Ex. 40, # 41 Exhibit Ex. 41, # 42 Unredacted Document Ex. 42)(Bexley, Tyler) (Entered: 06/07/2023)
6/7/2023DECLARATION of Rex Lee in Opposition to ConsumerDirect, Inc.'s Motion to Compel APPLICATION to file document Joint Stipulation re Motion to Compel, Exhibits J and K under seal 227 filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Attachments: # 1 Exhibit 1 - Transcript from the August 22, 2022, Telephonic Informal Discovery Conference, # 2 Exhibit 2 - ConsumerDirect, Inc.'s Response to Requests for Admission, # 3 Exhibit 3 - ConsumerDirect, Inc.'s Third Set of Requests for Production of Documents to Array US, Inc., # 4 Exhibit 4 - December 20, 2022, email from the chambers of Judge Spaeth, # 5 Exhibit 5 - Profinity LLC's May 1, 2017, Certificate of Withdrawal of Authority, # 6 Exhibit 6 - April 7, 2023, deposition transcript of Jason Owen, # 7 Declaration of Martin Toha)(Lee, Rex) (Entered: 06/07/2023)
6/6/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation re Motion to Compel, Exhibits J and K under seal 227 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Unredacted Document Joint Stipulation re Motion to Compel, # 2 Unredacted Document Exhibit J, # 3 Unredacted Document Exhibit K)(Usahacharoenporn, Proud) (Entered: 06/06/2023)
6/6/2023 APPLICATION to file document Joint Stipulation re Motion to Compel, Exhibits J and K under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order re Application to File Under Seal, # 2 Memorandum Notice of Motion to Compel, # 3 Redacted Document Joint Stipulation re Motion to Compel, # 4 Declaration of P. Usahacharoenporn re Motion to Compel, # 5 Proposed Order re Motion to Compel, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Redacted Document Exhibit J, # 16 Redacted Document Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit 0)(Usahacharoenporn, Proud) (Entered: 06/06/2023)
6/6/2023ORDER GRANTING DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 223 by Judge James V. Selna: Defendant Array US, Inc's Application for Leave to File Documents Under Seal. (es) (Entered: 06/06/2023)
6/5/2023 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Second Amended Complaint As to All Causes of Action filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Defendants' Separate Statement of Uncontroverted Facts and Conclusion of Law, # 2 Declaration of Ashley D. Bowman, # 3 Exhibit 1 Bowman Declaration, # 4 Exhibit 2 Bowman Declaration, # 5 Exhibit 3 Bowman Declaration, # 6 Exhibit 4 Bowman Declaration, # 7 Exhibit 5 Bowman Declaration, # 8 Exhibit 6 Bowman Declaration, # 9 Exhibit 7 Bowman Declaration, # 10 Exhibit 8 Bowman Declaration, # 11 Exhibit 9 Bowman Declaration, # 12 Exhibit 10 Bowman Declaration, # 13 Exhibit 11 Bowman Declaration, # 14 Exhibit 12 Bowman Declaration, # 15 Exhibit 13 Bowman Declaration, # 16 Exhibit 14 Bowman Declaration, # 17 Exhibit 15 Bowman Declaration, # 18 Exhibit 16 Bowman Declaration, # 19 Exhibit 17 Bowman Declaration, # 20 Exhibit 18 Bowman Declaration, # 21 Declaration of Chad Ertel, # 22 [Proposed] Judgment Granting Defendants' Motion for Summary Judgment) (Bowman, Ashley) (Entered: 06/05/2023)
6/5/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits to T. Bexley Declaration) under seal 223 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Ex. 01, # 2 Unredacted Document Ex. 02, # 3 Unredacted Document Ex. 03, # 4 Unredacted Document Ex. 04, # 5 Unredacted Document Ex. 05, # 6 Exhibit Ex. 06_Native File, # 7 Unredacted Document Ex. 07, # 8 Unredacted Document Ex. 08, # 9 Unredacted Document Ex. 09, # 10 Unredacted Document Ex. 10, # 11 Exhibit Ex. 11, # 12 Unredacted Document Ex. 12, # 13 Unredacted Document Ex. 13, # 14 Unredacted Document Ex. 14, # 15 Unredacted Document Ex. 15, # 16 Unredacted Document Ex. 16, # 17 Exhibit Ex. 17, # 18 Exhibit Ex. 18, # 19 Exhibit Ex. 19, # 20 Exhibit Ex. 20, # 21 Unredacted Document Ex. 21, # 22 Exhibit Ex. 22, # 23 Unredacted Document Ex. 23, # 24 Exhibit Ex. 24, # 25 Exhibit Ex. 25, # 26 Exhibit Ex. 26, # 27 Exhibit Ex. 27, # 28 Unredacted Document Ex. 28, # 29 Exhibit Ex. 29, # 30 Unredacted Document Ex. 30_Native File, # 31 Exhibit Ex. 31, # 32 Exhibit Ex. 32, # 33 Exhibit Ex. 33, # 34 Unredacted Document Ex. 34, # 35 Exhibit Ex. 35, # 36 Exhibit Ex. 36, # 37 Unredacted Document Ex. 37, # 38 Unredacted Document Ex. 38, # 39 Unredacted Document Ex. 39, # 40 Exhibit Ex. 40, # 41 Exhibit Ex. 41, # 42 Unredacted Document Ex. 42)(Bexley, Tyler) (Entered: 06/05/2023)
6/5/2023 APPLICATION to file document (Exhibits to T. Bexley Declaration) under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley in Support of Array's Motion for Summary Judgment, # 2 Redacted Document Ex. 01, # 3 Redacted Document Ex. 02, # 4 Redacted Document Ex. 03, # 5 Redacted Document Ex. 04, # 6 Redacted Document Ex. 05, # 7 Exhibit Ex. 06 - Native File, # 8 Redacted Document Ex. 07, # 9 Redacted Document Ex. 08, # 10 Redacted Document Ex. 09, # 11 Redacted Document Ex. 10, # 12 Exhibit Ex. 11, # 13 Redacted Document Ex. 12, # 14 Redacted Document Ex. 13, # 15 Redacted Document Ex. 14, # 16 Redacted Document Ex. 15, # 17 Redacted Document Ex. 16, # 18 Exhibit Ex. 17, # 19 Exhibit Ex. 18, # 20 Exhibit Ex. 19, # 21 Exhibit Ex. 20, # 22 Redacted Document Ex. 21, # 23 Exhibit Ex. 22, # 24 Redacted Document Ex. 23, # 25 Exhibit Ex. 24, # 26 Exhibit Ex. 25, # 27 Exhibit Ex. 26, # 28 Exhibit Ex. 27, # 29 Redacted Document Ex. 28, # 30 Exhibit Ex. 29, # 31 Redacted Document Ex. 30_Native File, # 32 Exhibit Ex. 31, # 33 Exhibit Ex. 32, # 34 Exhibit Ex. 33, # 35 Redacted Document Ex. 34, # 36 Exhibit Ex. 35, # 37 Exhibit Ex. 36, # 38 Redacted Document Ex. 37, # 39 Redacted Document Ex. 38, # 40 Redacted Document Ex. 39, # 41 Exhibit Ex. 40, # 42 Exhibit Ex. 41, # 43 Redacted Document Ex. 42, # 44 Proposed Order)(Bexley, Tyler) (Entered: 06/05/2023)
6/5/2023 NOTICE OF MOTION AND MOTION for Summary Judgment as to on Plaintiff's Causes of Actions filed by Defendant Array US, Inc.. Motion set for hearing on 7/17/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Memorandum, # 2 Statement of Uncontroverted Facts, # 3 Proposed Order) (Bexley, Tyler) (Entered: 06/05/2023)
5/31/2023 OBJECTION re: NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 CONSUMERDIRECT, INC.S OBJECTION TO REPLY DECLARATION OF TYLER BEXLEY IN SUPPORT OF ARRAY US, INC.S MOTION FOR SANCTIONS filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 05/31/2023)
5/30/2023ORDER by Judge James V. Selna, Granting Joint Stipulation Regarding ConsumerDirect Inc.'s Motion for Summary Judgment Deadline 218 . THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. ConsumerDirect's deadline to file a motion for summary judgment shall be extended from June 5 to June 23, 2023. (es) (Entered: 05/30/2023)
5/30/2023ORDER by Judge James V. Selna, GRANTING JOINT STIPULATION TO EXTEND PENTIUS' AND ARRAY'S TIME TO SUBMIT THEIR PORTION OF THE JOINT STIPULATION FOR A MOTION TO COMPEL PURSUANT TO THE COURT'S MAY 16, 2023 ORDER, 212 IT IS HEREBY ORDERED THAT: 1. The Stipulation is GRANTED; and 2. Pentius and Array shall have until June 2, 2023 to submit to ConsumerDirect their portion of the Joint Stipulation for a Motion to Compel Production of Documents. (es) (Entered: 05/30/2023)
5/26/2023Joint STIPULATION for Extension of Time to File Motion for Summary Judgment filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 05/26/2023)
5/26/2023Joint STIPULATION for Extension of Time to File motion for summary judgment filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 05/26/2023)
5/26/2023REPLY Support NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Tyler Bexley, # 2 Exhibit A-Clarity Settlement, # 3 Exhibit B-Nectris Settlement Agreement, # 4 Exhibit C- Settlement Agreement with Nectris_Clarity, # 5 Exhibit D-Toha Depo Excerpts, # 6 Exhibit E- Daily Stocks Settlement, # 7 Exhibit F-Daily Stocks Agreement_Coulter, # 8 Exhibit G- Callandor Settlement, # 9 Exhibit H-Hotbills ConsumerDirect Settlement, # 10 Exhibit I-Hot Bills Settlement Agreement, # 11 Exhibit J- ConsumerDirect v Pentius, # 12 Exhibit K- SH_Declaration, # 13 Exhibit L- Hotbills - Declaration of Abraham Chesed, # 14 Exhibit M- Callandor Declaration, # 15 Exhibit N- Nectris Declaration, # 16 Exhibit O- Clarity Declaration, # 17 Exhibit P- Settlement Communications with Nectris Clarity Lawyer)(Bexley, Tyler) (Entered: 05/26/2023)
5/25/2023SEALED DOCUMENT Exhibits L - O, Q - U, W and Y re Objection/Opposition (Motion related),,, 214 , Order on Motion for Leave to File Document Under Seal, 213 filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 05/25/2023)
5/25/2023 OPPOSITION CONSUMERDIRECT, INC.'S OPPOSITION re: NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Declaration of David Coulter, # 2 Declaration of Proud Usahacharoenporn, # 3 Declaration Steve Reger, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L (Redacted), # 16 Exhibit M (Redacted), # 17 Exhibit N (Redacted), # 18 Exhibit O (Redacted), # 19 Exhibit P, # 20 Exhibit Q (Redacted), # 21 Exhibit R (Redacted), # 22 Exhibit S (Redacted), # 23 Exhibit T (Redacted), # 24 Exhibit U (Redacted), # 25 Exhibit V, # 26 Exhibit W (Redacted in Part), # 27 Exhibit X, # 28 Exhibit Y (Redacted), # 29 Exhibit Z)(Usahacharoenporn, Proud) (Entered: 05/25/2023)
5/25/2023ORDER GRANTING PLAINTIFF CONSUMERDIRECT, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 210 by Judge James V. Selna. The Court, having considered all documents filed in support of this Application and having considered all other pleadings and papers on file herein, GRANTS Plaintiff ConsumerDirect, Inc.'s Application for Leave to File Documents Under Seal. (rolm) (Entered: 05/25/2023)
5/25/2023 STIPULATION to Continue / Extend Pentius, LLC and Array US, Inc.'s Time to Submit Their Portion of the Joint Stipulation For a Motion to Compel Per Court's May 16, 2023 Order from May 30, 2023 to June 2, 2023 Re: Order,, Set/Reset Deadlines, 209 filed by Defendant Pentius, LLC. (Attachments: # 1 Proposed Order)(Bowman, Ashley) (Entered: 05/25/2023)
5/22/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 210 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order, # 2 Unredacted Document, # 3 Unredacted Document, # 4 Unredacted Document, # 5 Unredacted Document, # 6 Unredacted Document, # 7 Unredacted Document, # 8 Unredacted Document, # 9 Unredacted Document, # 10 Unredacted Document, # 11 Unredacted Document, # 12 Unredacted Document)(Usahacharoenporn, Proud) (Entered: 05/22/2023)
5/22/2023 APPLICATION to file document under seal filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Redacted Document L Exhibit REDACTED, # 17 Redacted Document M Exhibit REDACTED, # 18 Redacted Document N Exhibit REDACTED, # 19 Redacted Document O Exhibit REDACTED, # 20 Exhibit P, # 21 Redacted Document Q Exhibit REDACTED, # 22 Redacted Document R Exhibit REDACTED, # 23 Redacted Document S Exhibit REDACTED, # 24 Redacted Document T Exhibit REDACTED, # 25 Redacted Document U Exhibit REDACTED, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Redacted Document Y Exhibit REDACTED, # 30 Exhibit Z)(Usahacharoenporn, Proud) (Entered: 05/22/2023)
5/16/2023ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULING 202 by Judge James V. Selna, THE COURT HEREBY ORDERS AS FOLLOWS:1. The Stipulation is GRANTED; 2. The deadline for motions for summary judgment shall be extended from May15, 2023 to June 5, 2023 to accommodate this remaining discovery dispute. [See document for further information] (es) (Entered: 05/16/2023)
5/15/2023 SEALED NOTICE OF MOTION AND MOTION re Order on Motion for Leave to File Document Under Seal, 207 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Exhibit 1-02.17.23 Costantino Depo Excerpts, # 2 Unredacted Document Exhibit 2-02.24.23 Costantino Depo Excerpts, # 3 Unredacted Document Exhibit 3-Coulter Depo Excerpts, # 4 Unredacted Document Exhibit 4-Brief of Appellant, # 5 Unredacted Document Exhibit 5-Brief of Appellee, # 6 Redacted Document Exhibit 6-Document Withheld, # 7 Unredacted Document Exhibit 7-Addendums to Agreement, # 8 Unredacted Document Exhibit 8-Email, # 9 Unredacted Document Exhibit 9-Email, # 10 Unredacted Document Exhibit 10-Email, # 11 Redacted Document Exhibit 11-Document Withheld, # 12 Redacted Document Exhibit 12-Document Withheld, # 13 Redacted Document Exhibit 13-Document Withheld, # 14 Unredacted Document Exhibit 14-Email, # 15 Unredacted Document Exhibit 15-Email, # 16 Unredacted Document Exhibit 16-Email, # 17 Unredacted Document Exhibit 17-Email, # 18 Unredacted Document Exhibit 18-Email, # 19 Unredacted Document Exhibit 19-Email, # 20 Unredacted Document Exhibit 20-Notice, # 21 Unredacted Document Exhibit 21-Email, # 22 Unredacted Document Exhibit 22-03.29.23 Reger Depo Excerpts, # 23 Unredacted Document Exhibit 23-04.17.23 Reger Depo Excerpts, # 24 Unredacted Document Exhibit 24-Email, # 25 Unredacted Document Exhibit 25-Agreement, # 26 Unredacted Document Exhibit 26-Response to RFA, # 27 Redacted Document Exhibit 27-Document Withheld, # 28 Unredacted Document Exhibit 28-Email)(Bexley, Tyler) (Entered: 05/15/2023)
5/12/2023ORDER by Judge James V. Selna: GRANTING 204 DEFENDANT ARRAY US, INC.'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL. The Court, having considered all documents filed in support of this application and having considered all other pleadings and papers on file herein, GRANTS Defendant Array US, Inc's Application for Leave to File Documents Under Seal. (es) (Entered: 05/12/2023)
5/11/2023JOINDER in NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power 203 (Defendants Pentius, LLC, System Admin, LLC, And Pentops, LLC's Joinder To Defendant Array US, Inc.'s Motion For Termination And Other Sanctions) filed by Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attorney Ashley D Bowman added to party Pentops, LLC(pty:dft))(Bowman, Ashley) (Entered: 05/11/2023)
5/11/2023SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 6,11,12,13, and 27 to the Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Motion for Termination and Other Sanctions under seal 204 filed by Defendant Array US, Inc.. (Attachments: # 1 Unredacted Document Exhibit 6-Agreement, # 2 Unredacted Document Exhibit 11-Email, # 3 Unredacted Document Exhibit 12-Email, # 4 Unredacted Document Exhibit 13-Email, # 5 Unredacted Document Exhibit 27-Email)(Bexley, Tyler) (Entered: 05/11/2023)
5/11/2023 APPLICATION to file document Exhibits 6,11,12,13, and 27 to the Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Motion for Termination and Other Sanctions under seal filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order Granting Defendant Array US, Inc.'s Application for Leave to File Documents Under Seal, # 2 Redacted Document Ex 6-Document Proposed to be Filed Under Seal, # 3 Redacted Document Ex 11-Document Proposed to be Filed Under Seal, # 4 Redacted Document Ex 12-Document Proposed to be Filed Under Seal, # 5 Redacted Document Ex 13- Document Proposed to be Filed Under Seal, # 6 Redacted Document Ex 27-Document Proposed to be Filed Under Seal)(Bexley, Tyler) (Entered: 05/11/2023)
5/11/2023 NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Court's Inherent Power filed by Defendants Array US, Inc.. Motion set for hearing on 6/12/2023 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Memorandum of Points and Authorities in Support of Defendant Array US, Inc.'s Motion for Termination and Other Sanctions, # 2 Declaration of Tyler Bexley in Support of Defendant Array US, Inc.'s Motion for Termination and Other Sanctions, # 3 Exhibit 1-02.17.23 Costantino Depo Excerpts, # 4 Exhibit 2-02.24.23 Costantino Depo Excerpts, # 5 Exhibit 3-Coulter Depo Excerpts, # 6 Exhibit 4-Brief of Appellant, # 7 Exhibit 5-Brief of Appellee, # 8 Exhibit 6-Document Withheld, # 9 Exhibit 7-Addendums to Agreement, # 10 Exhibit 8-Email, # 11 Exhibit 9-Email, # 12 Exhibit 10-Email, # 13 Exhibit 11-Document Withheld, # 14 Exhibit 12-Document Withheld, # 15 Exhibit 13-Document Withheld, # 16 Exhibit 14-Email, # 17 Exhibit 15-Email, # 18 Exhibit 16-Email, # 19 Exhibit 17-Email, # 20 Exhibit 18-Email, # 21 Exhibit 19-Email, # 22 Exhibit 20-Notice, # 23 Exhibit 21-Email, # 24 Exhibit 22-03.29.23 Reger Depo Excerpts, # 25 Exhibit 23-04.17.23 Reger Depo Excerpts, # 26 Exhibit 24-Email, # 27 Exhibit 25-Agreement, # 28 Exhibit 26-Response to RFA, # 29 Exhibit 27-Document Withheld, # 30 Exhibit 28-Email, # 31 Proposed Order Granting Defendant Array US, Inc.'s Notice of Motion and Motion for Termination and Other Sanctions) (Bexley, Tyler) (Entered: 05/11/2023)
5/9/2023 STIPULATION to Extend Discovery Cut-Off Date to June 5, 2023 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Exhibit A to Joint Stipulation, # 2 Proposed Order)(Usahacharoenporn, Proud) (Entered: 05/09/2023)
5/3/2023 MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Case called for Informal Discovery Conference regarding Motion Re: Informal Discovery Dispute 200 . Upon hearing argument by counsel as reflected on the record, the Court determines that the issues presented are not appropriate for informal discovery proceedings. Court Recorder: CS 05/03/2023. (kh) (Entered: 05/03/2023)
4/26/2023Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on May 3, 2023 at 2:00 p.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 04/26/2023)
4/19/2023MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 198 . Conference held as reflected on the record. The Court grants the request as stated in the Request for Informal Discovery Conference. Counsel are directed to work together and prepare a proposed order, signed by both counsel and email to the Court for review and approval. Court Recorder: CS 04/19/2023. (kh) (Entered: 04/19/2023)
3/29/2023Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on April 19, 2023 at 10:00 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 03/29/2023)
3/14/2023ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE (153] by Judge James V. Selna: Granting 153 Non-Resident Attorney Rex Lee APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Array US, Inc., designating Robert M. Schwartz as local counsel. (es) (Entered: 03/14/2023)
3/10/2023ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE [192, 195] by Judge James V. Selna: Granting 192 Non-Resident Attorney Tyler J. Bexley APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) ARRAY US, INC., designating Robert M. Schwartz as local counsel. Granting 195 Non-Resident Attorney Tyler J. Bexley APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) ARRAY US, INC., designating Robert M. Schwartz as local counsel. (es) (Entered: 03/10/2023)
3/9/2023 APPLICATION of Non-Resident Attorney Tyler J. Bexley to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34931037) filed by Defendant Array US, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Schwartz, Robert) (Entered: 03/09/2023)
3/9/2023Notice of Appearance or Withdrawal of Counsel: for attorney Margaret Terwey counsel for Defendant Array US, Inc., Counter Claimants Array US, Inc., Array US, Inc.. Adding Margaret Dunlay Terwey as counsel of record for Array US, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Array US, Inc.. (Attorney Margaret Terwey added to party Array US, Inc.(pty:dft), Attorney Margaret Terwey added to party Array US, Inc.(pty:cc), Attorney Margaret Terwey added to party Array US, Inc.(pty:cc))(Terwey, Margaret) (Entered: 03/09/2023)
3/9/2023NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Tyler J Bexley to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34928941) 192 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) (Entered: 03/09/2023)
3/9/2023 APPLICATION of Non-Resident Attorney Tyler J Bexley to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34928941) Array US, Inc.. (Attachments: # 1 Exhibit STATE BAR OF TEXAS) (Schwartz, Robert) (Entered: 03/09/2023)
2/23/2023ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULING 189 by Judge James V. Selna, re Stipulation for Trial 189 . THE COURT HEREBY ORDERS AS FOLLOWS: The scheduling order is hereby revised as follows: Final Pretrial Conference set for September 18, 2023; Trial set for October 3, 2023. [SEE DOCUMENT FOR FURTHER DETAILS AND DEADLINES.] (es) (Entered: 02/23/2023)
2/17/2023NOTICE of Association of Counsel associating attorney W. Michael Hensley on behalf of Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc.. Filed by Plaintiff ConsumerDirect, Inc., Counter Defendant ConsumerDirect, Inc. (Attachments: # 1 Proof of Service)(Attorney William Michael Hensley added to party ConsumerDirect, Inc.(pty:pla), Attorney William Michael Hensley added to party ConsumerDirect, Inc.(pty:cd))(Hensley, William) (Entered: 02/17/2023)
2/17/2023Joint STIPULATION for Jury Trial on October 3, 2023 filed by Plaintiff and Counter-Defendant ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 02/17/2023)
12/13/2022MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 105 , CCA # 22-55420. The judgment of this Court, entered November 21, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 187 , AFFIRMED.](mat) (Entered: 12/14/2022)
11/21/2022MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 105 filed by Array US, Inc.. CCA # 22-55420. The decision of the district court is AFFIRMED.(es) (Entered: 11/23/2022)
11/15/2022ORDER GRANTING STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE AS TO IDLOCK, IDLOCK.COM AND CREDITMONITORING.COM CLAIMS by Judge James V. Selna: THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. ConsumerDirect's claims alleged in the Second Amended Complaint (Dkt. No. 93) are and shall be dismissed with prejudice as and to the extent they arise from or relate to "IDLOCK," "IDLOCK.COM," and "CREDITMONITORING.COM." 3. ConsumerDirect's claims are not dismissed as and to the extent they arise from or relate to the "SMARTCREDIT" and "SMARTCREDIT.COM" marks or are based on allegations unrelated to "IDLOCK," "IDLOCK.COM," and "CREDITMONITORING.COM." 4. The Court's preliminary injunction order (Dkt. No. 89) is hereby modified, as set forth in the attached Exhibit A, to reflect the foregoing dismissals. 5. All parties are to bear their own fees and costs with respect to the claims dismissed pursuant to this Stipulation. Granting 180 MOTION to Dismiss. (es) (Entered: 11/15/2022)
11/10/2022MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S REQUEST FOR FURTHER RESPONSES AND PRODUCTION FOR RFPs REGARDING INFORMAL DISCOVERY CONFERENCE 177 by Magistrate Judge Autumn D. Spaeth: The Court DENIES Plaintiff's Request for Further Responses and Production for RFP Nos. 99, 102, 120, 122, 123, and 124. **See Order for details** (kh) (Entered: 11/10/2022)
11/7/2022ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 105 filed by Array US, Inc.. CCA # 22-55420. This case shall be submitted on the briefs and record, without oral argument, on November 17, 2022, in San Jose, California. Fed. R. App. P. 34(a)(2). (mat) (Entered: 11/08/2022)
11/7/2022MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 177 , 182 . Oral argument heard as reflected on the record. The matter is TAKEN UNDER SUBMISSION. Written ruling to issue. Court Recorder: CS 11/07/2022. (kh) (Entered: 11/07/2022)
11/2/2022 SUPPLEMENTAL BRIEF filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. regarding Minutes of In Chambers Order/Directive - no proceeding held, 178 . (Attachments: # 1 Exhibit 3 to Joint Supplemental Briefing, # 2 Exhibit 4 to Joint Supplemental Briefing)(Usahacharoenporn, Proud) (Entered: 11/02/2022)
11/2/2022MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss 174 by Judge James V. Selna: For the foregoing reasons, the Court GRANTS the motion, striking Array's third and seventh counterclaims. The Court finds that oral argument would not be helpful in this matter. Fed R. Civ. P. 78; L.R. 7-15. Granting 174 MOTION to Dismiss. [See document for further information.] (es) (Entered: 11/02/2022)
11/1/2022 NOTICE OF MOTION AND MOTION to Dismiss ConsumerDirect's claims alleged in the Second Amended Complaint (Dkt. No. 93) to the extent they arise from or relate to "IDLOCK," "IDLOCK.COM," and "CREDITMONITORING.COM" filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Usahacharoenporn, Proud) (Entered: 11/01/2022)
10/27/2022179[IN CHAMBERS]Text Only Entry: The tentative ruling having been posted on the Motion to Dismiss 174 , the hearing set for 10/31/2022 at 1:30 pm is ordered VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY (Entered: 10/27/2022)
10/24/2022MINUTE ORDER (IN CHAMBERS) ORDER REQUIRING SUPPLEMENTAL BRIEFING FOR INFORMAL DISCOVERY CONFERENCE by Magistrate Judge Autumn D. Spaeth re Request for Discovery Conference (Motion Re: Informal Discovery Dispute) 177 : The Court orders the parties to e-file a supplemental brief of no more than five pages discussing the legal relevance of the requested documents to a claim or defense asserted in the case. The supplemental brief is due by no later than 5:00 p.m. on November 2, 2022. (kh) (Entered: 10/24/2022)
10/24/2022Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on November 7, 2022 at 2:00 p.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 10/24/2022)
10/17/2022REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM 174 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 10/17/2022)
10/10/2022MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM 174 filed by Defendant Array US, Inc., Counter Claimants Array US, Inc., Array US, Inc.. (Attachments: # 1 Notice of Filing on CM/ECF System and Declaration of Moon Hee Lee)(Schwartz, Robert) (Entered: 10/10/2022)
9/30/2022 NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COUNTERCLAIM filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 10/31/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Usahacharoenporn, Proud) (Entered: 09/30/2022)
9/29/2022173NOTICE OF FILING TRANSCRIPT filed for proceedings 08-02-2022, 11:21AM re Transcript 172 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jmo) TEXT ONLY ENTRY (Entered: 09/29/2022)
9/29/2022TRANSCRIPT for proceedings held on 08-02-2022, 11:21AM. Court Reporter/Electronic Court Recorder: EXCEPTIONAL REPORTING SERVICES, INC., phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/20/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/28/2022. (jmo) (Entered: 09/29/2022)
9/28/2022TRANSCRIPT ORDER as to Defendant Pentius, LLC for Court Smart (CS). Court will contact Debbey Beatty at dbeatty@birdmarella.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Yu, Kimmy) (Entered: 09/28/2022)
9/19/2022ANSWER to Amended Complaint/Petition, 93 with JURY DEMAND , Second COUNTERCLAIM against ConsumerDirect, Inc. filed by Defendant and Counterclaimant Array US, Inc..(Schwartz, Robert) (Entered: 09/19/2022)
9/8/2022ORDER RE JOINT STIPULATION by Judge James V. Selna, re Stipulation for Extension of Time to Amend 168 . IT IS HEREBY ORDERED, that Array shall have until September 19, 2022, to file its Second Amended Counterclaims. ConsumerDirect shall have until October 3, 2022, to answer if Array does not amend. If Array amends, ConsumerDirect shall respond by the time set forth in the applicable rules. (es) (Entered: 09/08/2022)
9/6/2022 STIPULATION for Extension of Time to Amend Answer to Complaint (Attorney Civil Case Opening), Counterclaim 159 filed by Defendant/Counterclaim-Plaintiff Array US, Inc.. (Attachments: # 1 Proposed Order)(Lee, Moon Hee) (Entered: 09/06/2022)
8/25/2022MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss Array's Amended Counterclaim 161 by Judge James V. Selna: For the following reasons, the Court GRANTS in part and DENIES in part the motion with leave to amend. The Court finds that oral argument would not be helpful in this matter. Fed R. Civ. P. 78; L.R. 7-15. Granting in part and Denying in part 161 MOTION to Dismiss. [See document for further information.] (es) (Entered: 08/25/2022)
8/19/2022166[IN CHAMBERS]Text Only Entry: The tentative ruling on the Motion to Dismiss 161 having been posted, the hearing set for August 22, 2022 at 1:30 pm is ordered VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY (Entered: 08/19/2022)
8/8/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss ARRAY US, INC.S AMENDED COUNTERCLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6) 161 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 08/08/2022)
8/2/2022MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 162 . Conference held as reflected on the record. Defendants Pentius and System Admin shall produce the agreements with the bureaus by August 5, 2022. Court Recorder: CS 08/02/2022. (kh) (Entered: 08/02/2022)
8/1/2022MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss ARRAY US, INC.S AMENDED COUNTERCLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6) 161 filed by Defendant Array US, Inc., Counter Claimant Array US, Inc.. (Schwartz, Robert) (Entered: 08/01/2022)
7/26/2022Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on August 2, 2022 at 11:00 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 07/26/2022)
7/7/2022 NOTICE OF MOTION AND MOTION to Dismiss ARRAY US, INC.S AMENDED COUNTERCLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by Plaintiff/Counter-Defendant ConsumerDirect, Inc.. Motion set for hearing on 8/22/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Memorandum OF LAW IN SUPPORT OF CONSUMERDIRECT, INC.S MOTION TO DISMISS ARRAY US, INC.S AMENDED COUNTERCLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6), # 2 Proposed Order) (Usahacharoenporn, Proud) (Entered: 07/07/2022)
7/5/2022MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 158 . Conference held as reflected on the record. Court Recorder: 07/05/2022. (kh) (Entered: 07/05/2022)
6/21/2022ANSWER to Amended Complaint/Petition, 93 with JURY DEMAND , Amended COUNTERCLAIM against ConsumerDirect, Inc. filed by Defendant Array US, Inc..(Schwartz, Robert) (Entered: 06/21/2022)
6/17/2022Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on July 5, 2022 at 11:30 a.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 06/17/2022)
6/17/2022ORDER GRANTING STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANT DAILY STOCKS INC by Judge James V. Selna, re Stipulation to Dismiss Party 152 . The Stipulation is GRANTED. This action is dismissed with prejudice as to Daily Stocks, ConsumerDirect and Daily Stocks to bear their own costs and fees as to each other; The Court will retain jurisdiction subsequent to this dismissal for the purpose of enforcing the settlement agreement between ConsumerDirect and Daily Stocks. (et) (Entered: 06/17/2022)
6/16/2022ORDER GRANTING STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANTS NECTRIS, LLC AND CLARITY PROGRESSION, LLC by Judge James V. Selna, re Stipulation to Dismiss Party 155 THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. This action is dismissed with prejudice as to Defendants Nectris LLC and Clarity Progression LLC and Defendants to bear their own costs and fees as to each other; 3. The Court will retain jurisdiction subsequent to this dismissal for the purpose of enforcing the settlement agreement between ConsumerDirect and Defendants. Clarity Progression, LLC (a Florida limited liability company) and Nectris, LLC (a Utah limited liability company) terminated. (es) (Entered: 06/16/2022)
6/15/2022 STIPULATION to Dismiss Defendants Daily Stocks, Inc, Nectris, LLC filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 06/15/2022)
6/10/2022ANSWER to Amended Complaint/Petition, 93 with JURY DEMAND filed by Defendant Daily Stocks, Inc.(Geroe, Michael) (Entered: 06/10/2022)
6/9/2022 APPLICATION of Non-Resident Attorney Rex Lee to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33446380) filed by Defendant Array US, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed Order on Application to Appear Pro Hac Vice) (Schwartz, Robert) (Entered: 06/09/2022)
6/9/2022Joint STIPULATION to Dismiss defendant Daily Stocks, Inc filed by attorney for defendant Daily Stocks, Inc. (Attachments: # 1 Proposed Order)(Geroe, Michael) (Entered: 06/09/2022)
6/8/2022ORDER GRANTING STIPULATION REGARDING ARRAY US, INC.'S COUNTERCLAIM by Judge James V. Selna. The Court hereby Orders that: (1) Plaintiff need not file a response to the Counterclaim; (2) Defendant will file an amended Counterclaim no later than June 21, 2022; and (3) Plaintiff will have 30 days from service of the amended Counterclaim to file a response to the amended Counterclaim. (aco) (Entered: 06/08/2022)
6/8/2022 STIPULATION for Extension of Time to Amend Stipulation for Extension of Time to File 142 , Answer to Complaint 127 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 06/08/2022)
6/6/2022ORDER GRANTING STIPULATION FURTHER EXTENDING DEFENDANTS NECTRIS, LLC AND CLARITY PROGRESSION, LLC'S DEADLINE TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT 148 , by Judge James V. Selna. The Court finds good cause exists for granting the stipulation. Defendants must respond to the Second Amended Complaint no later than June 16, 2022. (es) (Entered: 06/06/2022)
6/3/2022 STIPULATION Extending Time to Answer the complaint as to Clarity Progression, LLC answer now due 6/16/2022; Nectris, LLC answer now due 6/16/2022, re Amended Complaint/Petition, 93 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 06/03/2022)
5/31/2022ORDER by Judge James V. Selna: granting 144 Non-Resident Attorney Pete Marketos APPLICATION to Appear Pro Hac Vice on behalf of Array US, Inc, designating Robert M Schwartz as local counsel. (lom) (Entered: 05/31/2022)
5/31/2022ORDER GRANTING STIPULATION EXTENDING DEFENDANT DAILY STOCKS INC'S DEADLINE TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT 145 by Judge James V. Selna. Daily Stocks shall respond to the Second Amended Complaint no later than June 10, 2022. (lom) (Entered: 05/31/2022)
5/31/2022 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, 93 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 05/31/2022)
5/27/2022 APPLICATION to CORRECT APPLICATION of Non-Resident Attorney Peter D. Marketos to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33343102) 136 Corrected Form G-64 filed by Defendant Array US, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Schwartz, Robert) Modified on 5/31/2022 (lom). (Entered: 05/27/2022)
5/24/2022RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form 140 , APPLICATION of Non-Resident Attorney Peter D. Marketos to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33343102) 136 by Judge James V. Selna. The document is stricken and counsel is ordered to file an amended or corrected document by May 30, 2022. (es) (Entered: 05/24/2022)
5/24/2022 STIPULATION for Extension of Time to File Response to the Counterclaim filed by Plaintiff ConsumerDirect, Inc..(Usahacharoenporn, Proud) (Entered: 05/24/2022)
5/23/2022 NOTICE of Appearance filed by attorney Moon Hee Lee on behalf of Defendant Array US, Inc. (Attorney Moon Hee Lee added to party Array US, Inc.(pty:dft))(Lee, Moon Hee) (Entered: 05/23/2022)
5/23/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Peter D. Marketos to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33343102) 136 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section I of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1). (lt) (Entered: 05/23/2022)
5/23/2022ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge James V. Selna: Granting 137 Defendant Array US, Inc. Request to Substitute Attorney Robert M Schwartz for Array US, Inc. as attorney of record instead of Rob J. Nolan (robert.nolan@dlapiper.com), Matthew Miller List all attorneys from same firm or agency who are withdrawing (matt.miller@dlapiper.com), Michael A. Geller (michael.geller@us.dlapiper.com), and Oscar M. Orozco-Botello ( oscar.orozco-botello@us.dlapiper.com) (es) (Entered: 05/23/2022)
5/23/2022DEFAULT BY CLERK F.R.Civ.P.55(a) as to CTH Skin Corp (es) (Entered: 05/23/2022)
5/23/2022 REQUEST TO SUBSTITUTE ATTORNEY Robert M. Schwartz in place of attorney Robert J. Nolan, Matthew Miller, Michael A. Geller, Oscar M. Orozco-Botello filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order) (Schwartz, Robert) (Entered: 05/23/2022)
5/23/2022[STRICKEN BY ORDER OF THE COURT SEE DKT. 143 ] APPLICATION of Non-Resident Attorney Peter D. Marketos to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33343102) filed by defendant Array US, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Attorney Robert M Schwartz added to party Array US, Inc.(pty:dft)) (Schwartz, Robert) Modified on 5/24/2022 (es). (Entered: 05/23/2022)
5/20/2022 APPLICATION for Clerk to Enter Default against Defendant CTH SKIN CORP., a Delaware corporation filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 05/20/2022)
5/19/2022Notice of Appearance or Withdrawal of Counsel: for attorney Kimmy Yu counsel for Defendants Pentius, LLC, Pentops, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Adding Kimmy Yu as counsel of record for Defendants Pentius, LLC, Pentops, LLC, and System Admin, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Pentius, LLC, Pentops, LLC, and System Admin, LLC. (Attorney Kimmy Yu added to party Pentius, LLC(pty:dft), Attorney Kimmy Yu added to party Pentops, LLC(pty:dft), Attorney Kimmy Yu added to party SYSTEM ADMIN, LLC, a Florida limited liability company(pty:dft))(Yu, Kimmy) (Entered: 05/19/2022)
5/19/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant CTH SKIN CORP., a Delaware corporation served on 4/12/2022, answer due 5/3/2022. Service of the Summons and Complaint were executed upon Business Filings, Inc., Agent for Service, Amy McClaren in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. as to the Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 05/19/2022)
5/18/2022ANSWER to Amended Complaint/Petition, 93 with JURY DEMAND (Defendant Pentops, LLC's Answer To Plaintiff's Second Amended Complaint, With Jury Demand) filed by Defendant Pentops, LLC.(Yoo, Timothy) (Entered: 05/18/2022)
5/18/2022ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge James V. Selna: Granting 130 Defendant Pentops, LLC Request to Substitute Attorney Timothy B Yoo as attorney of record instead of Robert J. Nolan, Matthew Miller, Michael A. Geller and Oscar M. Orozco-Botello of DLA Piper LLP. (es) NOTE COMPLETE CASE NUMBER. (Entered: 05/18/2022)
5/17/2022 REQUEST TO SUBSTITUTE ATTORNEY Timothy B. Yoo in place of attorney Robert J. Nolan filed by Defendant Pentops, LLC. (Attachments: # 1 Proposed Order) (Attorney Timothy B Yoo added to party Pentops, LLC(pty:dft)) (Yoo, Timothy) (Entered: 05/17/2022)
5/13/2022PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 128 . (see document for details) (hr) (Entered: 05/13/2022)
5/12/2022 STIPULATION for Protective Order filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Richmond, Briana) (Entered: 05/12/2022)
5/9/2022ANSWER to Amended Complaint/Petition, 93 JURY DEMAND. Defendant Array US, Inc.'s Answer to Plaintiff's Second Amended Complaint and Counterclaims filed by Defendant Array US, Inc..(Nolan, Robert) (Entered: 05/09/2022)
5/9/2022ANSWER to Amended Complaint/Petition, 93 with JURY DEMAND [Defendants Pentius LLC And System Admin, LLC's Answer to Plaintiff's Second Amended Complaint] filed by Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company.(Yoo, Timothy) (Entered: 05/09/2022)
5/6/2022Notice of Appearance or Withdrawal of Counsel: for attorney Ashley D Bowman counsel for Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Adding Ashley D. Bowman as counsel of record for Defendants Pentius, LLC and System Admin, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Pentius, LLC; and System Admin, LLC. (Attorney Ashley D Bowman added to party Pentius, LLC(pty:dft), Attorney Ashley D Bowman added to party SYSTEM ADMIN, LLC, a Florida limited liability company(pty:dft))(Bowman, Ashley) (Entered: 05/06/2022)
5/6/2022Notice of Appearance or Withdrawal of Counsel: for attorney Ariel A Neuman counsel for Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Adding Ariel A. Neuman as counsel of record for Defendants Pentius, LLC and System Admin, LLC for the reason indicated in the G-123 Notice. Filed by Defendants Pentius, LLC; and System Admin, LLC. (Attorney Ariel A Neuman added to party Pentius, LLC(pty:dft), Attorney Ariel A Neuman added to party SYSTEM ADMIN, LLC, a Florida limited liability company(pty:dft))(Neuman, Ariel) (Entered: 05/06/2022)
5/6/2022ORDER GRANTING STIPULATION EXTENDING DEFENDANTS NECTRIS, LLC AND CLARITY PROGRESSION, LLC'S DEADLINE TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT) 122 by Judge James V. Selna. Defendants must respond to the Second Amended Complaint no later than June 6, 2022. (es) (Entered: 05/06/2022)
5/5/2022 STIPULATION for Extension of Time to File Response, STIPULATION Extending Time to Answer the complaint as to Clarity Progression, LLC answer now due 5/16/2022, re Amended Complaint/Petition, 93 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Richmond, Briana) (Entered: 05/05/2022)
5/5/2022First NOTICE of Appearance filed by attorney Michael R Geroe on behalf of Defendant Daily Stocks, Inc (Attorney Michael R Geroe added to party Daily Stocks, Inc(pty:dft))(Geroe, Michael) (Entered: 05/05/2022)
5/5/2022ORDER GRANTING STIPULATION EXTENDING DEFENDANT DAILY STOCKS INC'S DEADLINE TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT 119 by Judge James V. Selna, the Court finds good cause exists for granting the stipulation. Daily Stocks must respond to the Second Amended Complaint no later than June 3, 2022. (es) (Entered: 05/05/2022)
5/4/2022 STIPULATION Extending Time to Answer the complaint as to re Amended Complaint/Petition, 93 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 05/04/2022)
5/4/2022ORDER GRANTING JOINT STIPULATION EXTENDING DEFENDANT PENTOPS, LLC'S DEADLINE TO RESPOND TO SECOND AMENDED COMPLAINT BY FOURTEEN (14) DAYS 116 , by Judge James V. Selna. Defendant Pentops, LLC must answer or otherwise respond to the Second Amended Complaint by no later than May 18, 2022. (es) (Entered: 05/04/2022)
5/4/2022MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 112 . Conference held as reflected on the record. Parties shall submit a revised two-tiered Stipulated Protective Order. Court Recorder: CS 05/04/2022. (kh) (Entered: 05/04/2022)
5/4/2022 STIPULATION Extending Time to Answer the complaint as to Pentops, LLC answer now due 5/18/2022, filed by Defendant Pentops, LLC. (Attachments: # 1 Proposed Order)(Attorney Oscar M Orozco-Botello added to party Pentops, LLC(pty:dft))(Orozco-Botello, Oscar) (Entered: 05/04/2022)
5/3/2022ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge James V. Selna: Granting 110 Request to Substitute Attorney Timothy B Yoo for Pentius, LLC. as attorney of record instead of Joseph Duffy. (es) (Entered: 05/04/2022)
5/3/2022ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge James V. Selna: Granting 111 Request to Substitute Attorney Timothy B Yoo for SYSTEM ADMIN, LLC, a Florida limited liability company as attorney of record instead of Joseph Duffy. (es) (Entered: 05/04/2022)
5/2/2022NOTICE AND CERTIFICATE THAT NO TRANSCRIPT WILL BE ORDERED filed by Defendant Array US, Inc.. (Orozco-Botello, Oscar) (Entered: 05/02/2022)
5/2/2022Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on May 4, 2022 at 2:00 p.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 05/02/2022)
5/2/2022 REQUEST TO SUBSTITUTE ATTORNEY Timothy B. Yoo in place of attorney Joseph Duffy filed by Defendant SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Proposed Order) (Attorney Timothy B Yoo added to party SYSTEM ADMIN, LLC, a Florida limited liability company(pty:dft)) (Yoo, Timothy) (Entered: 05/02/2022)
5/2/2022 REQUEST TO SUBSTITUTE ATTORNEY Timothy B. Yoo in place of attorney Joseph Duffy filed by Defendant Pentius, LLC. (Attachments: # 1 Proposed Order) (Attorney Timothy B Yoo added to party Pentius, LLC(pty:dft)) (Yoo, Timothy) (Entered: 05/02/2022)
4/29/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Service of the Summons and Complaint were executed upon Courtney A. McComas, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. Second Amended Complaint [Express Mail] (Usahacharoenporn, Proud) (Entered: 04/29/2022)
4/29/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Nectris, LLC served on 4/25/2022, answer due 5/16/2022. Service of the Summons and Complaint were executed upon Courtney A. McComas, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 04/29/2022)
4/26/2022ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 105 filed by Array US, Inc.. CCA # 22-55420. The appeal filed April 25, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. [See Order for further information] (car) (Entered: 04/26/2022)
4/26/2022NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55420 assigned to Notice of Appeal to 9th Circuit Court of Appeals 105 as to Defendant Array US, Inc. (car) (Entered: 04/26/2022)
4/25/2022NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by defendant Array US, Inc.. Appeal of Order on Motion for Preliminary Injunction 89 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33185142.) (Nolan, Robert) (Entered: 04/25/2022)
4/25/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Pentops, LLC served on 4/13/2022, answer due 5/4/2022. Service of the Summons and Complaint were executed upon Agent for Service of Process, Charlene Miller in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 04/25/2022)
4/22/2022ORDER ON APPLICATION OF NON RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge James V. Selna: Granting 101 Non-Resident Attorney Michael A. Geller APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Array US, Inc., designating Oscar M. Orozco-Botello as local counsel. (es) (Entered: 04/22/2022)
4/22/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Clarity Progression, LLC served on 4/14/2022, answer due 5/5/2022. Service of the Summons and Complaint were executed upon Agent for Service of Process, Crystal A. Cruz in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 04/22/2022)
4/22/2022 APPLICATION of Non-Resident Attorney Michael A. Geller to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 4/19/2022, Receipt No. 33154647) filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in Specific Case Pro Hac Vice) (Orozco-Botello, Oscar) (Entered: 04/22/2022)
4/21/2022RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Michael A. Geller to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33154647) 96 by Judge James V. Selna. The document is stricken and counsel is ordered to file an amended or corrected document by April 29, 2022. (es) (Entered: 04/21/2022)
4/20/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael A. Geller to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33154647) 96 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) (Entered: 04/20/2022)
4/19/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Daily Stocks, Inc served on 4/13/2022, answer due 5/4/2022. Service of the Summons and Complaint were executed upon Agent for Service of Process, Lynanne Gares in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 04/19/2022)
4/19/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Pentius, LLC served on 4/13/2022, answer due 5/4/2022. Service of the Summons and Complaint were executed upon Agent for Service of Process, Charlene Miller in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. Second Amended Complaint (Usahacharoenporn, Proud) (Entered: 04/19/2022)
4/19/2022[STRICKEN BY ORDER OF THE COURT SEE DKT. 100 ] APPLICATION of Non-Resident Attorney Michael A. Geller to Appear Pro Hac Vice on behalf of Defendant Array US, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33154647) filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice) (Nolan, Robert) Modified on 4/21/2022 (es). (Entered: 04/19/2022)
4/12/2022 21 DAY Summons Issued re Amended Complaint/Petition, 93 as to Defendant Clarity Progression, LLC, Daily Stocks, Inc, Nectris, LLC, Pentops, LLC. (es) (Entered: 04/12/2022)
4/8/2022Request for Clerk to Issue Summons on Amended Complaint/Petition, 93 filed by plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 04/08/2022)
4/7/2022SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, 22 , Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff ConsumerDirect, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Usahacharoenporn, Proud) (Entered: 04/07/2022)
4/7/2022ORDER GRANTING JOINT STIPULATION CONCERNING SECOND AMENDED COMPLAINT by Judge James V. Selna, re Stipulation for Extension of Time, 91 the Court finds good cause exists for granting the stipulation. Therefore: (1) Defendants consent to Plaintiff filing a Second Amended Complaint. Plaintiff is granted leave to file its Second Amended Complaint and shall file it within five (5) days of notice of entry of this Order. (2) Defendants need not respond to the First Amended Complaint, (3) Defendants shall have thirty (30) days after the filing of the Second Amended Complaint to respond to the Second Amended Complaint. (es) (Entered: 04/07/2022)
4/6/2022Joint STIPULATION for Extension of Time to File Defendants Response to Second Amended Complaint filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order [Proposed] Order Granting Joint Stipulation Concerning Second Amended Complaint)(Orozco-Botello, Oscar) (Entered: 04/06/2022)
4/4/2022MINUTES [IN CHAMBERS] Order Regarding Motions to Dismiss the First Amended Complaint 58 , 61 and Motion to Stay 62 by Judge James V. Selna: For the following reasons, the Court GRANTS in part and DENIES in part the motions. Granting in part and Denying in part 58 MOTION to Dismiss; Granting in part and Denying in part 61 MOTION to Dismiss Case; Granting in part and Denying in part 62 Motion for Review. [See Order for details.] (es) (Entered: 04/04/2022)
3/25/2022MINUTES [IN CHAMBERS] Order Regarding Motion for Preliminary Injunction 34 by Judge James V. Selna. For the foregoing reasons, the Court GRANTS the motion. IT IS SO ORDERED. See minute order for details. (lom) (Entered: 03/28/2022)
3/24/2022Notice of Appearance or Withdrawal of Counsel: for attorney Hector Emilio Corea counsel for Defendant Array US, Inc.. Filed by Defendant Array US Inc.. (Corea, Hector) (Entered: 03/24/2022)
3/22/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/22/2022)
3/16/2022MINUTE ORDER [IN CHAMBERS] Order Regarding Hearing Requests by Judge James V. Selna: On March 15, 2022, Array (Dkt. 82 ) and Pentius and System Admin (Dkt. 83 ) filed requests for oral argument, advancing various reasons why they believe a hearing is necessary. First, in support of their Request for Hearing, Pentius and System attach a declaration with new evidence in support of their arguments. See Supp. Decl. of Chad Ertel, Dkt. 83 -1. The Court strikes the declaration as untimely and declines to consider the new evidence in making its ruling. Second, the Court requests that ConsumerDirect file a brief, not to exceed five pages, responding to the arguments in the Defendants' requests, by March 22, 2022 at 5:00 p.m. (es) (Entered: 03/16/2022)
3/16/2022RESPONSE filed by Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability companyto Objection/Opposition (Motion related) 84 Defendants Pentius, LLC and System Admin, LLC's Response to Plaintiff's Objection to Supplemental Ertel Declaration (Duffy, Joseph) (Entered: 03/16/2022)
3/16/2022 OBJECTION in support of re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/16/2022)
3/15/2022 REQUEST for Hearing Oral Argument on Plaintiff's Motion for Preliminary Injunction, re REQUEST for Hearing reconsideration of tentative order, re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 , 82 , NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 , filed by Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Request set for hearing on 3/14/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration - Supplemental Declaration of Chad Ertel in Further Support of Defendants Pentius, LLC's Opposition to Plaintiff's Motion for Preliminary Injunction) (Duffy, Joseph) (Entered: 03/15/2022)
3/15/2022 REQUEST for Hearing reconsideration of tentative order, re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 , filed by defendant Array US, Inc.. Request set for hearing on 3/28/2022 at 01:30 PM before Judge James V. Selna. (Nolan, Robert) (Entered: 03/15/2022)
3/14/2022REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case 61 ; Oral Argument Requested filed by Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Duffy, Joseph) (Entered: 03/14/2022)
3/14/2022REPLY in support of MOTION for Review of Stay of Discovery 62 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Rob Nolan)(Nolan, Robert) (Entered: 03/14/2022)
3/14/2022Notice of Appearance or Withdrawal of Counsel: for attorney Oscar M Orozco-Botello counsel for Defendant Array US, Inc.. Adding Oscar M. Orozco-Botello as counsel of record for Array US Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Array US Inc.. (Attorney Oscar M Orozco-Botello added to party Array US, Inc.(pty:dft))(Orozco-Botello, Oscar) (Entered: 03/14/2022)
3/14/2022OPPOSITION filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 03/14/2022)
3/14/2022REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 58 filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 03/14/2022)
3/8/2022DEFAULT BY CLERK F.R.Civ.P.55(a) as to CTH Skin Corporation, a Delaware corporation (es) (Entered: 03/08/2022)
3/7/2022 OPPOSITION Opposition re: MOTION for Review of Stay of Discovery 62 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/07/2022)
3/7/2022 OBJECTION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 58 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/07/2022)
3/7/2022 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 58 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/07/2022)
3/7/2022 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case 61 PLAINTIFFS OPPOSITION TO PENTIUS, LLC AND SYSTEM ADMIN, LLCS MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/07/2022)
3/4/2022ORDER GRANTING STIPULATION FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANT HOTBILLS,LLC 68 by Judge James V. Selna, re Stipulation to Dismiss Party 68 , THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. This action is dismissed with prejudice as to Hotbills, ConsumerDirect and Hotbills to bear their own costs and fees as to each other; 3. The Court will retain jurisdiction subsequent to this dismissal for the purpose of enforcing the settlement agreement between ConsumerDirect and Hotbills. HOTBILLS, LLC, a Delaware limited liability company terminated. (es) (Entered: 03/04/2022)
3/4/202270[IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION for Preliminary Injunction 34 set for 3/7/2022 at 1:30 pm is continued to 3/14/2022 at 01:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY (Entered: 03/04/2022)
3/4/2022 APPLICATION for Clerk to Enter Default against Defendant CTH SKIN CORP., a Delaware corporation filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 03/04/2022)
3/4/2022 STIPULATION to Dismiss HOTBILLS, LLC HOTBILLS, LLC, a Delaware limited liability company filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 03/04/2022)
3/2/2022MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial July 11, 2023 at 8:30 a.m. Final PreTrial Conference June 26, 2023 at 11:00 a.m. Discovery Cut-off March 27, 2023. Expert Discovery Cut-off April 17, 2023. Law and Motion Cut-off May 22, 2023 at 1:30 p.m. The Scheduling Conference set for March 7, 2023 at 10:30 a.m. is VACATED. re: 64 Joint Report Rule 26(f) [See document for further details and deadlines.] (es) (Entered: 03/02/2022)
3/2/2022ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (eva) (Entered: 03/02/2022)
3/2/2022ORDER by Judge James V. Selna, Granting Stipulation to Dismiss Defendant Callandor, LLC 63 . THE COURT HEREBY ORDERS AS FOLLOWS: 1. The Stipulation is GRANTED; 2. This action is dismissed without prejudice as to Callandor, ConsumerDirect and Callandor to bear their own costs and fees as to each other; 3. The Court will retain jurisdiction subsequent to this dismissal for the purpose of enforcing the settlement agreement between ConsumerDirect and Callandor. CALLANDOR, LLC, a Delaware limited liability company terminated. (es) (Entered: 03/02/2022)
3/1/2022JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 to 10 days, filed by Plaintiff ConsumerDirect, Inc... (Attachments: # 1 Exhibit to Joint 26(f) Report)(Usahacharoenporn, Proud) (Entered: 03/01/2022)
3/1/2022 STIPULATION to Dismiss Defendant CALLANDOR, LLC, a Delaware limited liability company filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order)(Usahacharoenporn, Proud) (Entered: 03/01/2022)
2/28/2022 NOTICE OF MOTION AND MOTION for Review of Stay of Discovery filed by defendant Array US, Inc.. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Robert Nolan, # 2 Proposed Order)(Nolan, Robert) (Entered: 02/28/2022)
2/28/2022 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Proposed Order Granting Defendants Pentius, LLC and System Admin, LLC's Motion to Dismiss the First Amended Complaint) (Duffy, Joseph) (Entered: 02/28/2022)
2/28/2022REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 58 filed by Defendant Array US, Inc.. (Attachments: # 1 Declaration of Robert Nolan, # 2 Proposed Order)(Nolan, Robert) (Entered: 02/28/2022)
2/28/2022MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint 58 filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/28/2022)
2/28/2022 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by defendant Array US, Inc.. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge James V. Selna. (Nolan, Robert) (Entered: 02/28/2022)
2/18/2022 OBJECTION in support of re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 EVIDENTIARY OBJECTIONS TO DECLARATION OF JASON MAPOU IN SUPPORT OF ARRAY US INC.S OPPOSITION TO CONSUMERDIRECT, INC.S MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022 OBJECTION In Support of re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 EVIDENTIARY OBJECTIONS TO DECLARATION OF CHAD ERTEL IN SUPPORT OF DEFENDANTS PENTIUS, LLCS OPPOSITION TO CONSUMERDIRECT, INC.S MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CONSUMERDIRECT, INC.S RESPONSES TO ARRAY US INC.S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF ANGELA PESCATORE IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CONSUMERDIRECT, INC.S RESPONSES TO ARRAY US INC.S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DAVID COULTER IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CONSUMERDIRECT, INC.S RESPONSES TO ARRAY US INC.S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF RACHELLE ALEXANDER IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CONSUMERDIRECT, INC.S RESPONSES TO ARRAY US INC.S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JIMENA CORTES IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CONSUMERDIRECT, INC.S RESPONSES TO ARRAY US INC.S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF PROUD USAHACHAROENPORN IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022REPLY Reply NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/18/2022)
2/18/2022ORDER GRANTING STIPULATION EXTENDING DEFENDANT HOTBILLS, LLC'S DEADLINE TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT 48 by Judge James V. Selna. Hotbills must respond to the First Amended Complaint no later than March 14, 2022. (es) (Entered: 02/18/2022)
2/17/2022 STIPULATION Extending Time to Answer the complaint as to HOTBILLS, LLC, a Delaware limited liability company answer now due 3/14/2022, re Amended Complaint/Petition, 22 filed by Plaintiff ConsumerDirect, Inc.. (Attachments: # 1 Proposed Order Extending Hotbills, LLC deadline to respond)(Usahacharoenporn, Proud) (Entered: 02/17/2022)
2/14/2022 OPPOSITION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 filed by Defendants Pentius, LLC, SYSTEM ADMIN, LLC, a Florida limited liability company. (Attachments: # 1 Declaration of Chad Ertel in Support of Defendants Pentius, LLC and System Admin, LLC's Opposition to Plaintiff's Motion for Preliminary Injunction)(Attorney Joseph Duffy added to party SYSTEM ADMIN, LLC, a Florida limited liability company(pty:dft))(Duffy, Joseph) (Entered: 02/14/2022)
2/14/2022OBJECTIONS to Declaration of Proud Usahacharoenporn filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/14/2022)
2/14/2022OBJECTIONS to Declaration of Angela Pescatore filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/14/2022)
2/14/2022OBJECTIONS to Declaration of Rachelle Alexander filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/14/2022)
2/14/2022OBJECTIONS to Declaration of David Coulter filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/14/2022)
2/14/2022OBJECTIONS to Declaration of Jimena Cortes filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 02/14/2022)
2/14/2022MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 filed by Defendant Array US, Inc.. (Attachments: # 1 Exhibit of Jason Mapou, # 2 Exhibit of Angela Starling, # 3 Exhibit of Robert Nolan)(Nolan, Robert) (Entered: 02/14/2022)
2/11/2022Notice of Withdrawal of Motion for Preliminary Injunction,,,,,,,,,,,,,,,,, 34 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 02/11/2022)
2/10/2022PROOF OF SERVICE filed by Plaintiff ConsumerDirect, Inc., re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 System Admin, LLC served on February 7, 2022. (Usahacharoenporn, Proud) (Entered: 02/10/2022)
2/10/2022PROOF OF SERVICE filed by Plaintiff ConsumerDirect, Inc., re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CALLANDOR, LLC served on February 4, 2022. (Usahacharoenporn, Proud) (Entered: 02/10/2022)
2/10/2022PROOF OF SERVICE filed by Plaintiff ConsumerDirect, Inc., re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 CTH Skin Corp. served on February 4, 2022. (Usahacharoenporn, Proud) (Entered: 02/10/2022)
2/10/2022PROOF OF SERVICE filed by Plaintiff ConsumerDirect, Inc., re NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks 34 Hotbills, LLC served on February 4, 2022. (Usahacharoenporn, Proud) (Entered: 02/10/2022)
1/31/2022 NOTICE of Manual Filing filed by Plaintiff ConsumerDirect, Inc. of Thumbdrive. (Usahacharoenporn, Proud) (Entered: 01/31/2022)
1/31/2022 NOTICE OF MOTION AND MOTION for Preliminary Injunction re cease and desist their use of domains and marks filed by Plaintiff ConsumerDirect, Inc.. Motion set for hearing on 3/7/2022 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Declaration of Jimena Cortes, # 2 Declaration David Coulter, # 3 Exhibit 2 to Declaration of David Coulter, # 4 Exhibit 3 to Declaration of David Coulter, # 5 Exhibit 4 to Declaration of David Coulter, # 6 Exhibit 5 to Declaration of David Coulter, # 7 Exhibit 6 to Declaration of David Coulter, # 8 Exhibit 7 to Declaration of David Coulter, # 9 Exhibit 8 to Declaration of David Coulter, # 10 Exhibit 9 to Declaration of David Coulter, # 11 Exhibit 10 to Declaration of David Coulter, # 12 Exhibit 11 to Declaration of David Coulter, # 13 Exhibit 12 to Declaration of David Coulter, # 14 Declaration Angela Pescatore, # 15 Exhibit 13 to Declaration of Angela Pescatore, # 16 Exhibit 14 to Declaration of Angela Pescatore, # 17 Exhibit 15 to Declaration of Angela Pescatore, # 18 Exhibit 16 to Declaration of Angela Pescatore, # 19 Exhibit 17 to Declaration of Angela Pescatore, # 20 Exhibit 20 to Declaration of Angela Pescatore, # 21 Exhibit 21 to Declaration of Angela Pescatore, # 22 Declaration of Proud Usahacharoenporn, # 23 Exhibit 18 to Declaration of Proud Usahacharoenporn, # 24 Exhibit 19 to Declaration of Proud Usahacharoenporn, # 25 Exhibit 22 to Declaration of Proud Usahacharoenporn, # 26 Exhibit 23 to Declaration of Proud Usahacharoenporn, # 27 Exhibit 24 to Declaration of Proud Usahacharoenporn, # 28 Exhibit 25 to Declaration of Proud Usahacharoenporn, # 29 Exhibit 26 to Declaration of Proud Usahacharoenporn, # 30 Exhibit 27 to Declaration of Proud Usahacharoenporn, # 31 Exhibit 28 to Declaration of Proud Usahacharoenporn, # 32 Exhibit 29 to Declaration of Proud Usahacharoenporn, # 33 Exhibit 30 to Declaration of Proud Usahacharoenporn, # 34 Exhibit 31 to Declaration of Proud Usahacharoenporn, # 35 Exhibit 32 to Declaration of Proud Usahacharoenporn, # 36 Exhibit 33 to Declaration of Proud Usahacharoenporn, # 37 Exhibit 34 to Declaration of Proud Usahacharoenporn, # 38 Exhibit 35 to Declaration of Proud Usahacharoenporn, # 39 Exhibit 36 to Declaration of Proud Usahacharoenporn, # 40 Exhibit 37 to Declaration of Proud Usahacharoenporn, # 41 Exhibit 38 to Declaration of Proud Usahacharoenporn, # 42 Exhibit 39 to Declaration of Proud Usahacharoenporn, # 43 Exhibit 40 to Declaration of Proud Usahacharoenporn, # 44 Exhibit 41 to Declaration of Proud Usahacharoenporn, # 45 Exhibit 42 to Declaration of Proud Usahacharoenporn, # 46 Exhibit 43 to Declaration of Proud Usahacharoenporn, # 47 Exhibit 44 to Declaration of Proud Usahacharoenporn, # 48 Exhibit 45 to Declaration of Proud Usahacharoenporn, # 49 Exhibit 46 to Declaration of Proud Usahacharoenporn, # 50 Exhibit 47 to Declaration of Proud Usahacharoenporn, # 51 Exhibit 48 to Declaration of Proud Usahacharoenporn, # 52 Exhibit 49 to Declaration of Proud Usahacharoenporn, # 53 Exhibit 50 to Declaration of Proud Usahacharoenporn, # 54 Exhibit 51 to Declaration of Proud Usahacharoenporn, # 55 Exhibit 52 to Declaration of Proud Usahacharoenporn, # 56 Exhibit 53 to Declaration of Proud Usahacharoenporn, # 57 Exhibit 54 to Declaration of Proud Usahacharoenporn, # 58 Exhibit 55 to Declaration of Proud Usahacharoenporn, # 59 Exhibit 56 to Declaration of Proud Usahacharoenporn, # 60 Exhibit 57 to Declaration of Proud Usahacharoenporn, # 61 Exhibit 58 to Declaration of Proud Usahacharoenporn, # 62 Exhibit 59 to Declaration of Proud Usahacharoenporn, # 63 Exhibit 60 to Declaration of Proud Usahacharoenporn, # 64 Exhibit 66 to Declaration of Proud Usahacharoenporn, # 65 Exhibit 67 to Declaration of Proud Usahacharoenporn, # 66 Declaration of Rachelle Alexander, # 67 Exhibit 61 to Declaration of Rachelle Alexander, # 68 Exhibit 62 to Declaration of Rachelle Alexander, # 69 Exhibit 63 to Declaration of Rachelle Alexander, # 70 Exhibit 64 to Declaration of Rachelle Alexander, # 71 Exhibit 65 to Declaration of Rachelle Alexander, # 72 Exhibit 68 to Declaration of Rachelle Alexander, # 73 Proposed Order) (Usahacharoenporn, Proud) (Entered: 01/31/2022)
1/27/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant SYSTEM ADMIN, LLC, a Florida limited liability company served on 1/20/2022, answer due 2/10/2022. Service of the Summons and Complaint were executed upon Florida Registered Agent, LLC, Agent for Service, Lisa Watson in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 01/27/2022)
1/26/2022ORDER GRANTING JOINT STIPULATION TO CONSOLIDATE AND EXTEND TIME TO RESPOND TO AMENDED COMPLAINT by Judge James V. Selna. Having reviewed the parties' stipulation to extend time to respond to the First Amended Complaint (Dkt. No. 22), the Court finds good cause exists for granting the stipulation. All Defendants that have been served must answer or otherwise respond to the First Amended Complaint no later than February 28, 2022. ORDER Granting Stipulation to Extend Time to Answer 31 . (es) (Entered: 01/26/2022)
1/26/2022Joint STIPULATION for Extension of Time to File Answer to 2/28/22 re Amended Complaint/Petition, 22 filed by Defendant Array US, Inc.. (Attachments: # 1 Proposed Order)(Nolan, Robert) (Entered: 01/26/2022)
1/26/2022Joint STIPULATION Extending Time to Answer the complaint as to Array US, Inc. answer now due 2/28/2022, re Amended Complaint/Petition, 22 filed by defendant Array US, Inc..(Nolan, Robert) (Entered: 01/26/2022)
1/26/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant HOTBILLS, LLC, a Delaware limited liability company served on 1/20/2022, answer due 2/10/2022. Service of the Summons and Complaint were executed upon Paracorp Incorporated, Agent for Service, Mike McRanor in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 01/26/2022)
1/26/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant CALLANDOR, LLC, a Delaware limited liability company served on 1/20/2022, answer due 2/10/2022. Service of the Summons and Complaint were executed upon Agents and Corporations, Inc., Agent for Service, Grant Steelman in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 01/26/2022)
1/26/2022PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant CTH SKIN CORP., a Delaware corporation served on 1/20/2022, answer due 2/10/2022. Service of the Summons and Complaint were executed upon Business Filings, Inc., Agent for Service, Amy McClaren in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 01/26/2022)
1/25/2022MINUTES [IN CHAMBERS] ORDER VACATING MOTIONS TO DISMISS AS MOOT by Judge James V. Selna: Counsel for defendants file motions to dismiss [Dkts 14 and 15] on January 10, 2022 noticed before Magistrate Judge McCormick. The plantiff having filed a First Amended Complaint on January 18, 2022, the Court VACATES the motions as MOOT. Counsel shall file any future motions before Judge Selna on Mondays at 1:30 p.m. (See Judge Selna's webpage.) Finding as moot 14 MOTION to Dismiss Case; Finding as moot 15 MOTION to Dismiss Case. (es) (Entered: 01/25/2022)
1/19/2022 21 DAY Summons Issued re Amended Complaint/Petition, 22 as to Defendant(s) CALLANDOR, LLC, a Delaware limited liability company, CTH SKIN CORP., a Delaware corporation, HOTBILLS, LLC, a Delaware limited liability company, SYSTEM ADMIN, LLC, a Florida limited liability company. (es) (Entered: 01/19/2022)
1/19/2022ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Karen E. Scott. ORDER case returned to the Clerk for random reassignment for Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Karen E. Scott to Magistrate Judge Autumn D. Spaeth for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-cv-01968-JVS-(ADSx). (dve) (Entered: 01/19/2022)
1/18/2022Request for Clerk to Issue Summons on Amended Complaint/Petition, 22 filed by Plaintiff ConsumerDirect, Inc.. (Usahacharoenporn, Proud) (Entered: 01/18/2022)
1/18/2022FIRST AMENDED COMPLAINT against Defendant SYSTEM ADMIN, LLC, a Florida limited liability company, CALLANDOR, LLC, a Delaware limited liability company, CTH SKIN CORP., a Delaware corporation, HOTBILLS, LLC, a Delaware limited liability company amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff ConsumerDirect, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Usahacharoenporn, Proud) (Entered: 01/18/2022)
1/11/2022Order Setting Rule 26(f) Scheduling Conference for 3/7/2022 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 2/28/2022. (lb) (Entered: 01/11/2022)
1/11/2022INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 01/11/2022)
1/11/2022NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Douglas F. McCormick to Judge James V. Selna for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Karen E. Scott. The case number will now reflect the initials of the transferee Judges 8:21-cv-01968 JVS(KESx). (rn) (Entered: 01/11/2022)
1/11/2022JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case 15 filed by Defendant Array US, Inc.. (Nolan, Robert) (Entered: 01/11/2022)
1/10/2022 Pentius, LLC's Notice of Interested Parties and Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 and L.R. 7.1-1 -- NOTICE of Interested Parties filed by Defendant Pentius, LLC, identifying No other parties. (Duffy, Joseph) (Entered: 01/10/2022)
1/10/2022JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Array US Inc.'s Notice of Motion and Motion to Dismiss the Complaint 14 filed by Defendant Pentius, LLC. (Duffy, Joseph) (Entered: 01/10/2022)
1/10/2022 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Pentius, LLC. Motion set for hearing on 2/8/2022 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: # 1 Proposed Order Granting Pentius, LLC's Motion to Dismiss the Complaint) (Attorney Joseph Duffy added to party Pentius, LLC(pty:dft)) (Duffy, Joseph) (Entered: 01/10/2022)
1/10/2022 NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Array US Inc.'s Notice of Motion and Motion to Dismiss the Complaint filed by Defendant Array US, Inc.. Motion set for hearing on 2/8/2022 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice in Support of Motion to Dismiss the Complaint, # 3 Declaration of Robert Nolan in Support of Defendant Array US Inc.'s Request for Judicial Notice, # 4 Proposed Order) (Nolan, Robert) (Entered: 01/10/2022)
1/7/2022ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c. (Nolan, Robert) (Entered: 01/07/2022)
1/7/2022 CERTIFICATE of Interested Parties filed by defendant Array US, Inc., (Nolan, Robert) (Entered: 01/07/2022)
12/22/2021 Certification and NOTICE of Interested Parties filed by Defendant Array US, Inc., identifying None. (Nolan, Robert) (Entered: 12/22/2021)
12/22/2021Joint STIPULATION Extending Time to Answer the complaint as to Array US, Inc. answer now due 1/10/2020, re Complaint (Attorney Civil Case Opening), 1 filed by defendant Array US, Inc..(Attorney Robert J. Nolan added to party Array US, Inc.(pty:dft))(Nolan, Robert) (Entered: 12/22/2021)
12/15/2021PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Pentius, LLC served on 12/6/2021, answer due 12/27/2021. Service of the Summons and Complaint were executed upon Sophie Timberman Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 12/15/2021)
12/15/2021PROOF OF SERVICE Executed by Plaintiff ConsumerDirect, Inc., upon Defendant Array US, Inc. served on 12/6/2021, answer due 12/27/2021. Service of the Summons and Complaint were executed upon Amy McLaren Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Usahacharoenporn, Proud) (Entered: 12/15/2021)
12/2/2021 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Array US, Inc., Pentius, LLC. (et) (Entered: 12/02/2021)
12/2/2021NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Douglas F. McCormick. (Attachments: # 1 CV11-C Statement of Consent) (et) (Entered: 12/02/2021)
12/2/2021REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by CONSUMERDIRECT, INC., a Nevada corporation. (Usahacharoenporn, Proud) (Entered: 12/02/2021)
12/1/2021 NOTICE of Interested Parties filed by Plaintiff CONSUMERDIRECT, INC., a Nevada corporation, (Usahacharoenporn, Proud) (Entered: 12/01/2021)
12/1/2021 CIVIL COVER SHEET filed by Plaintiff CONSUMERDIRECT, INC., a Nevada corporation. (Usahacharoenporn, Proud) (Entered: 12/01/2021)
12/1/2021Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff CONSUMERDIRECT, INC., a Nevada corporation. (Usahacharoenporn, Proud) (Entered: 12/01/2021)
12/1/2021COMPLAINT Receipt No: ACACDC-32411702 - Fee: $402, filed by Plaintiff CONSUMERDIRECT, INC., a Nevada corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Attorney Proud Usahacharoenporn added to party CONSUMERDIRECT, INC., a Nevada corporation(pty:pla))(Usahacharoenporn, Proud) (Entered: 12/01/2021)
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