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14-069 - Golan et al v. Veritas Entertainment, LLC et al


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14-069 - Golan et al v. Veritas Entertainment, LLC et al
February 7, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the parties' "Joint Motion for Extension of Time to Respond to Defendants' Motions to Dismiss" [ECF No. 28] is GRANTED. Defendant James R. Leininger shall file his response to Plaintiffs' Amended Class Action Complaint on or before February 14, 2014. Plaintiffs shall respond to 'Mission City Management, Inc.'s and Courage 2012, LLC's Motion to Dismiss" [ECF No. 21], and any motion filed by Defendant James R. Leininger, on or before February 28, 2014. Defendants shall file any reply briefs in support of their motions on or before March 14, 2014. Signed by District Judge E. Richard Webber on February 7, 2014. (BRP)
April 4, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Mission City Management, Inc.s and Courage 2012 LLCs Motion to Dismiss [ECF No. 21]; James R. Leininger's Motion to Dismiss [ECF No. 32]; and Michael Dale Huckabees Motion to Dismiss [ECF No. 36] are HELD in ABEYANCE, pending additional briefing by the parties. IT IS FURTHER ORDERED that the parties shall brief the issues discussed above. Plaintiffs shall submit their brief addressing the issues within twenty (20) days of the entry of this Order. Defendants shall file their response to Plaintiff's briefs within ten (10) days of Plaintiffs' filing of their brief. (Response to Court due by 4/24/2014.) Signed by District Judge E. Richard Webber on April 4, 2014. (BRP)
May 20, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that "Mission City Management, Inc.'s and Courage 2012 LLC's Motion to Dismiss" [ECF No. 21] is GRANTED. IT IS FURTHER ORDERED that "James R. Leininger's Motion to Dismiss" [ECF No. 32] is GRANTED.IT IS FURTHER ORDERED that "Michael Dale Huckabee's Motion to Dismiss" [ECF No. 36] is GRANTED. IT IS HEREBY ORDERED, ADJUDGED AND DECREED Plaintiff's Amended Class Action Petition [ECF No. 4] is DISMISSED, for lack of Article III standing. Signed by District Judge E. Richard Webber on May 20, 2014. (MCB)
March 8, 2016
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Defendants Mission City Management, Inc. and Courage 2012, LLCs Motion to Dismiss Second Amended Complaint [ECF No. 86] is DENIED. IT IS FURTHER ORDERED that Defendant James R. Leininger's Motion to Dismiss Second Amended Complaint [ECF No. 88] is DENIED. IT IS FURTHER ORDERED that Defendant Michael D. Huckabee's Motion to Dismiss Second Amended Complaint [ECF No. 90] is GRANTED. Signed by District Judge E. Richard Webber on 3/8/16. (EAB)
October 5, 2016
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File the Attached Third Amended Class Action Complaint [ECF No. 148] is GRANTED. IT IS FURTHER ORDERED that Plaintiff Ron Golan's Motion to Compel, Against Defendants Freeeats.com, Inc., AIC Communications, LLC, and Gabriel S. Joseph, III, Documents from Defendants' Responsive to Requests Numbers 1-5 of the First Set of Document Requests Dispatched to Defendants [ECF No. 151] is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 10/05/2016. (CBL)
January 18, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion for Class Certification [ECF No. 172] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Supplemental Motion to Certify Class [ECF No. 207] is GRANTED. Signed by District Judge E. Richard Webber on January 18, 2017. (MCB)
January 19, 2017
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1/19/17. (KXS)MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Motion for Sanctions and to Compel against Defendants Freeeats.com, Inc., AIC Communications, LLC, and Gabriel S. Joseph, III [ECF No. 199] is DENIED. Signed by District Judge E. Richard Webber on
February 22, 2017
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MEMORANDUM AND ORDER. (See Full Order.) Plaintiffs shall respond to Defendants' interrogatories within twenty (20) days of this order. Dispositive motions are currently due by March 10, 2017. The Court will extend this deadline to March 31, 2017, to accommodate this order. Accordingly, IT IS HEREBY ORDERED that Defendants Motion to Compel Interrogatory Responses [ECF No. 218] is GRANTED. Signed by District Judge E. Richard Webber on 2/22/2017. (CBL)
April 26, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Motion to Set Notice Schedule [ECF No. 280] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall file a notice plan no later than May 5, 2017. Defendants shall file a response no later than May 12, 2017, and any replies shall be filed no later than May 19, 2017. Signed by District Judge E. Richard Webber on 4/26/2017. (CBL)
May 24, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Notice Plan [ECF No. 329] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs shall file proposed dates for their notice plan no later than May 30, 2017, Defendants shall file a response no later than June 2, 2017, and Plaintiffs shall file a reply no later than June 6, 2017. Signed by District Judge E. Richard Webber on May 24, 2017. (MCB)
June 8, 2017
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MEMORANDUM AND ORDER. On May 24, 2017, the Court approved, in part, Plaintiffs' notice plan to potential class members in this matter. The Court ordered Plaintiffs to provide a timeline for the actions to be taken in the notice plan. The parties have agreed to the following plan (SEE FULL ORDER FOR COMPLETE DETAILS) With the agreement of the parties as to the dates and the additional courts, the Court has reviewed the timeline and finds they will provide sufficient notice to class members and sufficient time for class members to object, if desired. The timeline is approved by this Court. Signed by District Judge E. Richard Webber on 6/8/17. (EAB)
July 5, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' First Motion for Partial Summary Judgment on the Issue of Damages [ECF No. 239] is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Second Motion for Partial Summary Judgment on Defendants' Newly Pleaded Affirmative Defense of Consent [ECF No. 243] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Third Motion for Partial Summary Judgment on the Issue of Telemarketing [ECF No. 246] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Fourth Motion for Partial Summary Judgment on Defendants' Newly Pled Defenses of Due Care, Prior Established Business Relationship, and Comparative Fault [ECF No. 249] is GRANTED. IT IS FURTHER ORDERED that Defendant Dr. James R. Leininger's Motion for Summary Judgment [ECF No. 265] is DENIED. IT IS FURTHER ORDERED that Defendant Courage 2012, LLC's Motion for Summary Judgment [ECF No. 267] is DENIED. Signed by District Judge E. Richard Webber on 7/5/2017. (CBL)
August 2, 2017
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs' Motions in Limine [ECF No. 386] is GRANTED, in part and DENIED, in part. IT IS FURTHER ORDERED that Defendant James R. Leininger's Motion in Limine to Preclude Evidence or Argument Regarding His Counsel's Prior Representation of Other Defendants [ECF No. 390] is held in abeyance. IT IS FURTHER ORDERED that Defendant James R. Leininger's Motion in Limine to Preclude Evidence or Argument Regarding His Personal Monetary Wealth [ECF No. 391] is held in abeyance. IT IS FURTHER ORDERED that Defendant James R. Leininger's Motion in Limine to Preclude Plaintiffs' from Offering Party and Non-Party Document Productions into Evidence [ECF No. 392] is DENIED, as moot. Signed by District Judge E. Richard Webber on 8/2/17. (EAB)
August 3, 2017
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Dr. Leininger's Motion in Limine [ECF No. 390] is GRANTED, in part and DENIED, in part. IT IS FURTHER ORDERED that Dr. Leininger's Motion in Limine [ECF No. 391] is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 8/3/17. (EAB)
August 3, 2017
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MEMORANDUM AND ORDER - This matter comes before the Court on Plaintiffs' Motions in Limine [ECF No. 386] seeking to exclude evidence or argument by Defendants regarding consent to receive telephone calls. The Court held the motion in abeyance pending further briefing by the parties, which has been completed. The Court has previously determined Defendants did not have prior express consent from call recipients. Therefore, the parties shall not, in any manner, suggest to the jury prior express consent was received. However, evidence of Dr. Leininger's beliefs, or the beliefs of other Defendants, about ccAdvertising's consent to make the telephone calls is relevant and admissible on the issue of Dr. Leininger's vicarious liability. Therefore, the Court will permit Defendants to introduce evidence and inquire as to Dr. Leininger's knowledge and understanding of whether consent had been obtained. The Court will instruct the jury they will not be determining whether Defendants had consent to make the calls because it has already been resolved by the Court. Signed by District Judge E. Richard Webber on August 3, 2017. (MCB)
September 7, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Freeeats.com and AIC Communications, LLC's Post-Trial Motion for Reduction of Excessive Damages [ECF No. 458] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that the Court will award $32,424,930.00 to Plaintiffs. An amended judgment will issue. Signed by District Judge E. Richard Webber on September 7, 2017. (MCB)
November 20, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants Dr. James Leininger and Courage 2012, LLC's Motion for Bill of Costs [ECF No. 464, 465] are GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendant Courage 2012, LLC shall be awarded $3,096.42 in costs and Defendant Dr. James Leininger awarded $13,446.11 in costs. Signed by District Judge E. Richard Webber on November 20, 2017. (MCB)