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05-387 - Telco Group v. Ameritrade et al


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05-387 - Telco Group v. Ameritrade et al
August 9, 2005
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ORDER (from USDC-Eastern District of New York (Brooklyn), Case No. 1:05CV1891, filed on 6/28/05), that this action be transferred to the District of Nebraska. Signed by Judge I. Leo Glasser on 6/20/05. (JAE, )
September 9, 2005
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ORDER granting 21 Motion for Leave to withdraw Steven Wolowitz as attorney for the abovelisted defendants. The Clerk of Court shall stop all electronic notices to Steven Wolowitz regardingthis case. Signed by Magistrate Judge Thomas D. Thalken on 9/9/2005. (ADB)
September 23, 2005
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ORDER granting Oral Motion for an extension of time to report pursuant to FRCP 26(f). The parties are granted additional time in which to meet and confer pursuant to Fed. R. Civ. P. 26(f) and shall file their report on or before October 4, 2005, regarding their discovery plan. Signed by Magistrate Judge Thomas D. Thalken on 9/23/2005. (JAE, )
October 4, 2005
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ORDER granting 24 Motion to Extend. The parties are granted additional time in which to meet and confer pursuantto Fed. R. Civ. P. 26(f), and shall file their Report of Parties' Planning Conference with thecourt on or before October 18, 2005. Signed by Magistrate Judge Thomas D. Thalken on 10/4/2005. (ADB)
October 19, 2005
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ORDER - By November 21, 2005, the plaintiff will file and serve a detailed statement identifying the class(es) and subclass(es) for which certification is sought, detailing the facts upon which satisfaction of the requirements of Fed. R. Civ. P. 23(a) is asserted; The plaintiff shall also state the facts upon which satisfaction of Fed. R. Civ. P.23(b) is asserted, including but not limited to an analysis of which subdivision of Rule 23(b)is most appropriate for certification of the proposed class; On or before December 27, 2005, the defendants will file and serve anyobjections to class certification specifying with particularity the factual and legal basis ofthe objections and identifying any facts in which an evidentiary dispute exists; On or before January 16, 2006, the plaintiff may file and serve any reply to thedefendants' objections; On January 27, 2006, at 1:30 p.m., an evidentiary hearing will be held before the undersigned United States Magistrate Judge. Signed by Magistrate Judge Thomas D. Thalken on 10/19/2005. (TJS)
October 27, 2005
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ORDER granting 31 Motion to Extend. By December 2, 2005, the plaintiff will file and serve its motion and detailedstatement as described in the court's October 19, 2005 order (Filing No. 28). On or before January 10, 2006, the defendants will file and serve anyobjections to class certification specifying with particularity the factual and legal basis of theobjections and identifying any facts in which an evidentiary dispute exists. On or before January 19, 2006, the plaintiff may file and serve any reply to thedefendants' objections. Signed by Magistrate Judge Thomas D. Thalken on 10/27/2005. (ADB)
November 29, 2005
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ORDER - The plaintiff's motion for an extension of time 37 is granted as setforth below. The deadline for the plaintiff to file a motion to certify class is stayed. The motion and briefing schedule for the plaintiff's motion to certify class will be established for a reasonable time period after the court resolves the plaintiff's pending motion to compel 38. Signed by Magistrate Judge Thomas D. Thalken on 11/29/2005. (JAE, )
December 20, 2005
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CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Thomas D. Thalken on 12/20/2005. (JAE, )
March 6, 2006
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ORDER that the plaintiff's Motion to Compel Production of Documents 38 isgranted as set forth in this order, and denied in all other respects. The defendants shall have to on or before March 24, 2006, to supplement their responses to the Requests for Production. The plaintiff shall have to on or before April 17, 2006, to file a motion for class certification. Pursuant to NECivR 72.2 any appeal of this Order shall be filed with the Clerk of theCourt within ten (10) days after being served with a copy of this Order. Signed by Magistrate Judge Thomas D. Thalken on 3/6/2006. (JAE, )
June 9, 2006
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ORDER that the parties' joint motion to reset the hearing date regarding the Motion to Certify Class, filing 57, and filing date for the plaintiff's reply 57 is granted as set forth below. On or before August 15, 2006, the plaintiff may file and serve any reply to the defendants' objections. On September 25, 2006, at 9:30 a.m., an evidentiary hearing will be held before the undersigned United States Magistrate Judge in Courtroom No. 7, to consider all questions coming within the class action issues under Fed. R. Civ. P. 23(a) and (b). Signed by Magistrate Judge Thomas D. Thalken on 6/9/2006. (JAE, )
November 6, 2006
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REPORT AND RECOMMENDATION that MOTION to Certify Class 51 be denied.Ordered by Magistrate Judge Thomas D. Thalken. (PAV, )
January 23, 2007
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MEMORANDUM AND ORDER adopting in its entirety 75 Report and Recommendation, denying 51 Motion to Certify Class, overruling 85 Objection to Report and Recommendation. Ordered by Judge Joseph F. Bataillon.(ADB)
March 12, 2007
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ORDER - The defendants' Motion to Stay Action Pending Arbitration Filing No. 89 is granted. This action is stayed pending the parties' exhaustion of arbitration proceedings in accordance with the arbitration clause in the agreement between the parties. The parties shall file a joint detailed status report on or before June 29, 2007, and every 90 days thereafter, such report to include counsel's position(s) concerning whether the stay should continue in effect or whether the stay should be lifted. Ordered by Magistrate Judge Thomas D. Thalken.(TJS)
July 3, 2007
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ORDER TO SHOW CAUSE. The plaintiff shall show cause by the close of business July 13, 2007, why this action should not be dismissed, without prejudice, pending arbitration, rather than remain stayed, in light of the plaintiff's failure to comply with court orders or initiate arbitration. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
July 19, 2007
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ORDER granting 101 Motion to Withdraw as Attorney; IT IS ORDERED: The motion for leave to withdraw of Richard P. Jeffires (Filing No. 101) as counsel for the defendants is granted. The Clerk of Court shall stop all electronic notices to Richard P. Jeffries regarding this case. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
July 30, 2007
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ORDER that the court's earlier order staying this action pending arbitration (Filing No. 96) shall remain in force and effect. Plaintiff shall initiate arbitration proceedings and inform the court within 90 days of the date of this order or this action is subject to dismissal with prejudice. Ordered by Judge Joseph F. Bataillon. (ADB)
February 13, 2008
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ORDER granting 104 Motion to Dismiss. IT IS ORDERED that the motion to dismiss with prejudice, Filing No. 104, shall beand is hereby granted pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. Ordered by Chief Judge Joseph F. Bataillon. (PCV, )