Plaintiffs Whitney Information Network, Inc. and Russ Whitney alleged that defendants Xcentric Ventures, LLC, badbusinessbureau.org, and Ed Magedson (1) used plaintiffs' trademarks in commerce in a manner likely to cause consumer confusion and (2) published stories that are false about the plaintiffs with the intent to injure plaintiffs, their business reputation, and to illegally divert customers away from plaintiffs.
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| Date Filed | # | Document Text |
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| January 27, 2004 | 1 | COMPLAINT filed; jury demand Filing fee $ 150.00 Receipt # F004807 (sll) |
| January 30, 2004 | 2 |  INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) |
| January 30, 2004 | 3 | NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lap) |
| February 13, 2004 | 4 | NOTICE by Whitney Information, Russ Whitney of pendency of other actions re: order of compliance to local rule (lap) |
| February 13, 2004 | 5 | CERTIFICATE OF COMPLIANCE by Whitney Information, Russ Whitney Re: [2-1] order (lap) |
| June 28, 2004 | 6 | MOTION by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson with memorandum in support to dismiss complaint (lap) |
| June 28, 2004 | 7 | NOTICE of filing affidavit of Ed Magedson in support of motion to dismiss by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson (lap) Modified on 07/02/2004 |
| June 28, 2004 | 8 | RULE 7.1 Disclosure statement by Xcentric Ventures, Badbusinessbureau.or (lap) |
| June 30, 2004 | 9 | NOTICE of filing affidavit of Ed Magedson by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson (lap) |
| June 30, 2004 | 10 | AFFIDAVIT of Edward Magedson by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson Re: [6-1] motion to dismiss complaint (lap) |
| July 1, 2004 | 11 | INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) |
| July 15, 2004 | 12 | First MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss Complaint for Lack of Personal Jurisdiction by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) |
| July 16, 2004 | 13 | ORDER granting 12 Motion for Extension of Time to File a Response. Plaintiffs shall file a response on or before July 30, 2004. Signed by Judge John E. Steele on 7/16/2004. (RKM) |
| July 20, 2004 | 14 | NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC re 11 Order - Notice of Filing Certificate of Interested Persons and Corporate Disclosure Statement (Attachments: # 1 Certificate of Interested Persons and Corporate Disclosure Statement)(Weinkle, James) |
| July 30, 2004 | 15 | Second MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss Complaint for Lack of Personal Jurisdiction by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) |
| July 30, 2004 | 16 | ORDER granting 15 Motion for Extension of Time to File Response on or before August 4, 2004. Signed by Judge John E. Steele on 7/30/2004. (RKM) |
| August 3, 2004 | 17 | RETURN of service executed 6/8/04 to registered agent JohnGoodson filed by Russ Whitney, Whitney Information Network, Inc.. as to Xcentric Ventures, LLC. (jlh, ) |
| August 5, 2004 | 18 | MEMORANDUM in opposition re 6 Motion to dismiss filed by Russ Whitney, Whitney Information Network, Inc.. (Attachments: # 1 continuation of document)(lap, ) |
| August 17, 2004 | 19 | REPLY to response to motion re 6 Motion to dismiss Unopposed Motion For Leave to File Reply To Plaintiff's Opposition Response to Defendants' Motion To Dismiss For Lack of Personal Jurisdiction filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Weinkle, James) |
| August 17, 2004 | 20 | ORDER granting 19 Unopposed Motion for Leave to File Reply to Plaintiffs' Opposition Response to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, filed by Ed Magedson, Xcentric Ventures, LLC, Badbusinessbureau.org. Defendants may file a Reply not to exceed five pages within ten days. Signed by Judge John E. Steele on 8/17/2004. (RKM) |
| August 16, 2004 | 21 | NOTICE of filing affidavit of Scott Durkin by Russ Whitney, Whitney Information Network, Inc. re 18 Memorandum in opposition (lap, ) |
| August 16, 2004 | 22 | AFFIDAVIT of Scott Durkin re: 18 Memorandum in opposition by Russ Whitney, Whitney Information Network, Inc.. (lap, ) |
| August 26, 2004 | 23 | REPLY to response to motion re 6 Motion to dismiss For Lack of Personal Jurisdiction filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Declaration Of Ed Magedson)(Weinkle, James) |
| September 8, 2004 | 24 | ORDER denying 6 Motion to dismiss. Signed by Judge John E. Steele on 9/8/2004. (RKM) |
| September 21, 2004 | 26 | Second MOTION to dismiss the Complaint by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Weinkle, James) The .pdf image of the corrected motion entered as an attachment to 27 has been added on 7/7/2005 (kma). |
| September 27, 2004 | 27 | NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC re 26 Second MOTION to dismiss the Complaint (Attachments: # 1 Errata Corrected Second Motion to Dismiss-Failure to State A Claim With Supporting Memorandum of Law)(Weinkle, James) |
| October 13, 2004 | 28 | First MOTION to strike 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) |
| October 13, 2004 | 29 | First MOTION for Extension of Time to File Response/Reply as to 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) |
| October 15, 2004 | 30 | ORDER granting 29 the Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendants' Second Motion to Dismiss for Failure to State a Claim Pending a Ruling by the Court on Plaintiff's Motion to Strike. The Plaintiff's shall have twenty (20) days from the date the Court rules on the pending Motion to Strike (Doc. #28). Signed by Judge Sheri Polster Chappell on 10/14/2004. (lmh, ) |
| October 26, 2004 | 31 | NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC Substitution of Local Counsel (Talarchyk, Tina) |
| October 27, 2004 | 32 | RESPONSE in opposition re 28 First MOTION to strike 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Talarchyk, Tina) |
| November 1, 2004 | 33 | NOTICE of unavailability of counsel by Russ Whitney, Whitney Information Network, Inc. from 2-28-05 to 03-04-04. Attorney notified of incorrect date (js, ) |
| November 8, 2004 | 34 | Re-NOTICE of unavailability of counsel by Russ Whitney, Whitney Information Network, Inc. from 02/28/05 to 03/04/05. (js,) |
| November 19, 2004 | 35 | NOTICE of unavailability of counsel by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC from 11/23/04 and 12/23/04 to 11/26/04 and 12/31/04. (Weinkle, James) |
| January 18, 2005 | 36 | First MOTION Plaintiffs' Unopposed Motion for Permission to Conduct the Case Management Report Meeting Telephonically by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) |
| January 20, 2005 | 37 | ORDER granting 36 the Plaintiff?s First Motion for Permission to Conduct the Case Management Report Meeting Telephonically. Signed by Judge Sheri Polster Chappell on 1/20/2005. (lmh, ) |
| February 4, 2005 | 38 | NOTICE of Appearance by Michael L. Gore on behalf of all defendants (Gore, Michael) |
| February 4, 2005 | 39 | Unopposed MOTION to substitute attorney for Defendants by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) |
| February 7, 2005 | 40 | ORDER granting 39 Motion to substitute attorney. Added attorney Michael L. Gore for defendants. Attorney James A. Weinkle terminated . Signed by Judge Sheri Polster Chappell on 2/4/2005. (LAG, ) |
| February 15, 2005 | 41 | CASE MANAGEMENT REPORT. (Kitterman, Christina) |
| March 17, 2005 | 42 | CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 3/17/2005. (LAG, ) |
| March 19, 2005 | 43 | MOTION to appear pro hac vice by Michael L. Gore by on behalf of Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) |
| March 21, 2005 | 44 | ORDER granting 43 he Unopposed Motion of Maria Crimi Speth and Jonathan P. Ibsen to Appear Pro Hac Vice. See Order for Details. Signed by Judge Sheri Polster Chappell on 3/21/2005. (lmh, ) |
| March 28, 2005 | 45 | NOTICE of unavailability of counsel by Whitney Information Network, Inc., Russ Whitney from May 23, 2005 to May 25,2005 and June 16, 2005 to June 17, 2005 (js) |
| April 27, 2005 | 46 | NOTICE by Whitney Information Network, Inc., Russ Whitney of Selection of Mediator (Kitterman, Christina) |
| July 8, 2005 | 48 | NOTICE of unavailability of counsel by Whitney Information Network, Inc., Russ Whitney from July 15, 2005 through August 1, 2005. (js) |
| July 14, 2005 | 49 | ORDER granting [26-2 and 27-1] Defendant's Second Motion to Dismiss - Failure to State a Claim, denying 28 Plaintiff's Motion to Strike. The Complaint 1 is hereby DISMISSED WITHOUT PREJUDICE as to all Defendants. The Clerk is directed to enter judgment accordingly and close the file. The Clerk is further directed to terminate all previously scheduled deadlines and pending motions. Signed by Judge Virginia M. Hernandez Covington on 7/14/2005. (mem) |
| July 18, 2005 | 50 | JUDGMENT in favor of Xcentric Ventures, LLC, Badbusinessbureau.org and Ed Magedson against Whitney Information Network, Inc. and Russ Whitney (Signed by Deputy Clerk) (slu) |
| July 28, 2005 | 51 | First MOTION for reconsideration OF ORDER ON DEFENDANTS' MOTION TO DISMISS by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) Modified on 7/29/2005 (slu). |
| August 3, 2005 | 52 | ORDER granting in part and denying in part 51 Plaintiffs' Motion for Reconsideration. Plaintiffs' Motion 51 is DENIED as to Reconsideration of Order on Defendants' Motion to Dismiss, and GRANTED as to Motion for Clarification of Order and Unopposed Motion for Enlargement of Time to File Amended Complaint. The Court's Order 49 dismissing the case without prejudice provides the Plaintiffs with an opportunity to file an amended complaint. The Plaintiffs are hereby granted a TEN DAY extension of time from the date of this Order in which Plaintiffs may file an amended complaint. The Clerk is directed to reopen the file. Signed by Judge Virginia M. Hernandez Covington on 8/3/2005. (mem) |
| August 17, 2005 | 53 | First MOTION for Extension of Time to Amend Complaint by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) Modified on 8/18/2005 (slu). ERROR - incorrect attachment; Counsel notified; Motion terminated |
| August 22, 2005 | 54 | First MOTION for Extension of Time to Amend 1 Complaint by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) |
| August 24, 2005 | 55 | ORDER granting 54 the Plaintiff's Corrected Unopposed Motion for Enlargement of Time to File Its Amended Complaint. The Plaintiff shall have up to and including SEPTEMBER 27, 2005 to file the amended complaint. Signed by Judge Sheri Polster Chappell on 8/24/2005. (lmh, ) |
| September 27, 2005 | 56 | AMENDED COMPLAINT against all defendants, filed by Whitney Information Network, Inc..(Dolin, Susan) |
| October 21, 2005 | 57 | MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Stack, Brian) |
| October 21, 2005 | 58 | MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E)(Stack, Brian) |
| November 10, 2005 | 59 | Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, 58 MOTION to Dismiss for Lack of Jurisdiction by Whitney Information Network, Inc.. (Pancier, Michael) |
| November 18, 2005 | 61 | Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Whitney Information Network, Inc.. (Dolin, Susan) |
| November 22, 2005 | 62 | MEMORANDUM in opposition re 57 Motion to Dismiss/Lack of Jurisdiction filed by Whitney Information Network, Inc.. (Rosenfeldt, Stuart) |
| January 30, 2006 | 64 | MOTION to modify Case Management and Scheduling Order and to Extend Pretrial Deadlines and Trial by Whitney Information Network, Inc.. (Rosenfeldt, Stuart) |
| February 6, 2006 | 66 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 8/11/2006. Final Pretrial Conference set for 9/11/2006 09:30 AM in Courtroom B before Judge Virginia M. Hernandez Covington. Jury Trial set for term commencing 10/2/2006 before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 2/6/2006. (laf) |
| February 13, 2006 | 67 | NOTICE of change of address by Stuart A. Rosenfeldt (Rosenfeldt, Stuart) |
| February 13, 2006 | 68 | NOTICE of unavailability of counsel byWhitney Information Network, Inc. from March 6-10; April 10; April 29-May 8. (Rosenfeldt, Stuart) |
| February 15, 2006 | 69 | ORDER granting 58 Motion to Dismiss for Lack of Personal Jurisdiction. This matter is dismissed with prejudice. The clerk is directed to enter judgment accordingly and close the file. The clerk is further directed to terminate all previously scheduled deadlines and pending motions. See order for details. Signed by Judge Virginia M. Hernandez Covington on 2/15/2006. (agm) |
| February 16, 2006 | 70 | JUDGMENT in favor of Xcentric Ventures, LLC and Badbusinessbureau.org and Ed Magedson against Whitney Information Network, Inc. (Signed by Deputy Clerk) (slu) |
| February 17, 2006 | 71 | NOTICE of filing exhibit D to defendants' motion to dismiss plaintiffs' first amended complaint for lack of personal jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson (refer to court file for exhibit) (slu) |
| March 16, 2006 | 72 | NOTICE OF APPEAL as to 70 Judgment, 69 Order on Motion to Dismiss/Lack of Jurisdiction, by Whitney Information Network, Inc.. Filing fee $ 255, receipt number F007638. (Attachments: # 1 Exhibit Order 69 # 2 Exhibit Judgment 70)(slu) |
| April 28, 2006 | 73 | CERTIFICATE of readiness sent to USCA re: 72 Notice of appeal,. ROA consists of: volume of pleadings: 3 USCA number: 06-11888EE (kma) |
| September 1, 2006 | 74 | USCA judgment vacating the decision of the district court and remanding as to 72 Notice of appeal filed by Whitney Information Network, Inc. Entered on docket 08/01/06. USCA number: 06-11888. Issued as mandate: 08/01/06. (kma) |
| November 13, 2006 | 75 | ORDER vacating 69 Order on Motion to Dismiss/Lack of Jurisdiction and 70 Judgment. The Clerk shall reopen the case and reactivate 58 defendants' Motion to Dismiss, which shall be addressed in due course. The case is set for a March 26, 2007, pretrial conference before the unassigned judge and the trial term commencing April 2, 2007. Signed by Judge John E. Steele on 11/13/2006. (RKM) |
| February 2, 2007 | 77 | MOTION to continue Pretrial Deadlines and Trial Pending Rules On Defendants' Motion to Dismiss First Amended Complaint for Lack of Personal Jurisdiction by Whitney Information Network, Inc.. (Sackel, Matthew) |
| February 9, 2007 | 78 | TRIAL CALENDAR for April trial term. Jury Trial set for trial term beginning 4/2/2007 at 09:00 AM before Judge Paul A. Magnuson. Signed by Judge John E. Steele on 2/8/2007. (slu) Modified on 2/9/2007 (slu). |
| February 12, 2007 | 79 | Second MOTION to continue Pretrial Deadlines and Trial Pending Ruling on Defendants' Motion to Dismiss First Amended Complaint for Lack of Personal Jurisdiction by Whitney Information Network, Inc.. (Sackel, Matthew) |
| February 15, 2007 | 80 | AMENDED TRIAL CALENDAR for April trial term. Jury Trial set for trial term beginning 4/2/2007 before Judge Paul A. Magnuson. Signed by Judge John E. Steele on 2/15/2007. (drn) |
| February 23, 2007 | 81 | Emergency MOTION for protective order and to Quash Subpoena by Xcentric Ventures, LLC, Ed Magedson. (Stack, Brian) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| February 23, 2007 | 82 | ORDER denying 57 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Paul A. Magnuson on 2/23/2007. (slu) |
| February 23, 2007 | 83 | ORDER granting 81 Motion for protective order to the limited extent that the due date on the subpoena is extended until Tuesday, March 6, 2007. The Defendant has up to and including Wednesday, February 28, 2007, to file a more complete objection to the subpoena. The Plaintiff has up to and including Friday, March 2, 2007, to file a reply. Signed by Judge Sheri Polster Chappell on 2/23/2007. (Chappell, Sheri) |
| February 27, 2007 | 84 | NOTICE of unavailability of counsel byXcentric Ventures, LLC from 3/16/07, 3/30/07-4/6/07 to 5/1/07-5/4/07. (Stack, Brian) |
| February 28, 2007 | 85 | STIPULATION for Substitution of Counsel by Whitney Information Network, Inc., Russ Whitney. (Lippman, Steven) |
| February 28, 2007 | 86 | Amended MOTION for protective order and to quash subpoena by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit A-C)(Crockett, Denise) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| March 1, 2007 | 87 | ORDER granting the Motion for Substitution of Counsel 85. See Order for Details. Signed by Judge Sheri Polster Chappell on 3/1/2007. (lmh, ) |
| March 2, 2007 | 88 | RESPONSE in opposition re 86 Amended MOTION for protective order and to quash subpoena filed by Whitney Information Network, Inc.. (Pancier, Michael) |
| March 5, 2007 | 89 | ORDER to comply with the administrative procedures regarding electronic filing. Signed by All Divisional District Judges on 3/5/2007. (Attachments: # 1)(LAG, ) |
| March 5, 2007 | 90 | MOTION to substitute attorney by all plaintiffs. (Lippman, Steven) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| March 6, 2007 | 91 | ORDER granting in part and denying in part 86 the Defendants Xcentric Ventures, LLC. And Ed Magedson's Amended Motion for Protective Order and to Quash Subpoena. See order for details. Signed by Judge Sheri Polster Chappell on 3/6/2007. (lmh, ) |
| March 6, 2007 | 92 | PROTECTIVE ORDER OF CONFIDENTIALITY. Signed by Judge Sheri Polster Chappell on 3/6/2007. (lmh, ) |
| March 7, 2007 | 94 | Unopposed MOTION for MIchael Gore to withdraw as attorney (local counsel) by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| March 8, 2007 | 95 | ORDER granting 90 the Motion for Substitution of Counsel. Scott W. Rothstein, Steven N. Lippman, and Shawn L. Birken, of the law firm Rothstein Rosenfelt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, Florida 33301, shall be designated Counsel of record. All further correspondence and pleadings shall be forwarded to their attention. Signed by Judge Sheri Polster Chappell on 3/8/2007. (lmh, ) |
| March 9, 2007 | 96 | ORDER granting 77 Motion to continue; granting 79 Motion to continue (See order for details) Signed by Judge Paul A. Magnuson on 3/9/2007. (drn) |
| March 9, 2007 | 97 | ORDER granting 94 the Unopposed Motion to Allow Shutts & Bowen LLP to Withdraw as Local Counsel for Defendants. Michael Gore, Esq., P.O. Box 4956, Orlando, Florida 32802-4956 and the law firm of Shutts & Bowen LLP, shall be relived of any further responsibility in this matter. Brian J. Stack, Esq., and Stack, Fernandez & Anderson, 1200 Brickell Avenue, Suite 950, Miami, Florida 33131-3255, shall be designated local Counsel. Signed by Judge Sheri Polster Chappell on 3/9/2007. (lmh, ) |
| March 9, 2007 | 98 | ANSWER to amended complaint by Xcentric Ventures, LLC, Ed Magedson.(Stack, Brian) |
| March 14, 2007 | 99 | MOTION for protective order by Xcentric Ventures, LLC, Ed Magedson. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Stack, Brian) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| March 15, 2007 | 100 | ORDER re 96 the District Court's Order directing the Parties to File a New Case Management Report. The Parties are directed to file a new Case Management Report by Monday April 2, 2007. The Parties may meet via telephonic conference to establish the new report. Signed by Judge Sheri Polster Chappell on 3/14/2007. (LAG, ) |
| March 15, 2007 | 101 | ORDER denying 99 Motion for protective order. Signed by Judge Sheri Polster Chappell on 3/14/2007. (LAG, ) |
| April 2, 2007 | 104 | CASE MANAGEMENT REPORT. (Pancier, Michael) |
| April 16, 2007 | 105 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 4/16/2007. (LAG, ) |
| May 8, 2007 | 106 | ORDER directing the parties to file a notice with the Court on or before May 23, 2007 indicating the name, address and telephone number of the mediator they selected and the date of the mediation. Signed by Judge Marcia Morales Howard on 5/8/2007. (JLW) |
| May 8, 2007 | 107 | CERTIFICATE of interested persons and corporate disclosure statement re 105 Case management and scheduling order by Whitney Information Network, Inc.. (Sackel, Matthew) |
| May 15, 2007 | 108 | NOTICE by Whitney Information Network, Inc., Russ Whitney re 106 Order, OF SELECTION OF MEDIATOR (Birken, Shawn) |
| May 18, 2007 | 109 | MOTION to expedite Answers to Plaintiff's Third Set of Interrogatories by Whitney Information Network, Inc.. (Sackel, Matthew) |
| May 31, 2007 | 110 | MEMORANDUM in opposition re 109 Motion to expedite Opposition to Plaintiff's Motion to Expedite Answers to Plaintiff's Third Set of Interrogatories filed by Xcentric Ventures, LLC. (Speth, Maria) |
| June 1, 2007 | 111 | ORDER denying 109 the Plaintiff Whitney Network, Inc.'s Motion to Expedite Answers to Plaintiff's Third Set of Interrogatories. Signed by Judge Sheri Polster Chappell on 6/1/2007. (lmh, ) |
| June 6, 2007 | 112 | NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson re Selection of Mediation Date (Speth, Maria) |
| June 11, 2007 | 113 | First MOTION to compel Documents Responsive to First Request for Production and Answers to Second Set of Interrogatories by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| June 15, 2007 | 114 | Amended MOTION to compel Responsive Documents to First Request for Production by all plaintiffs. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| June 21, 2007 | 115 | MOTION for summary judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) |
| June 21, 2007 | 116 | STATEMENT of undisputed facts re: 115 MOTION for summary judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Part 1# 3 Exhibit 2 - Part 2# 4 Exhibit 2 - Part 3# 5 Exhibit 2 - Part 4# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13)(Speth, Maria) |
| June 22, 2007 | 117 | SUMMARY JUDGMEMT NOTICE re 115 MOTION for summary judgment. (drn) |
| June 25, 2007 | 118 | ORDER denying as moot 113 the Plaintiffs Whitney Information Network, Inc.s Motion to Compel Answers to Plaintiff's Second set of Interrogatories and First Request for Production. Signed by Judge Sheri Polster Chappell on 6/25/2007. (lmh, ) |
| June 26, 2007 | 119 | MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) by Whitney Information Network, Inc.. (Attachments: # 1 Affidavit In Support of Motion for Additional Discovery Time pursuant to Rule 56(f) to Respond to Motion for Summary Judgment)(Birken, Shawn) |
| June 26, 2007 | 120 | NOTICE by Whitney Information Network, Inc. of Removal of Counsel from Service List (Lippman, Steven) |
| June 27, 2007 | 121 | ORDER granting 120 the Notice of Removal of Counsel from Service List. See Order for Details. Signed by Judge Sheri Polster Chappell on 6/27/2007. (lmh, ) |
| July 2, 2007 | 122 | RESPONSE to motion re 114 Amended MOTION to compel Responsive Documents to First Request for Production filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) |
| July 3, 2007 | 123 | ORDER denying 114 the Plaintiff Whitney Information Network, Inc.'s Amended Motion to Compel Responsive Documents to the First Request for Production. Signed by Judge Sheri Polster Chappell on 7/3/2007. (lmh, ) |
| July 3, 2007 | 124 | MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| July 6, 2007 | 125 | Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| July 10, 2007 | 126 | ORDERED: Plaintiff shall provide the Court with a certificate of compliance no later than July 13, 2007. In the event Defendants oppose the Motion, they shall file an appropriate response no later than July 18, 2007. Signed by Judge Marcia Morales Howard on 7/10/2007. (laf, ) |
| July 12, 2007 | 127 | NOTICE by Whitney Information Network, Inc. re 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) Notice of Compliance (Birken, Shawn) |
| July 18, 2007 | 128 | Joint MOTION for Extension of Time to File Response/Reply as to 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f), 124 MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and, 125 Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment by all defendants. (Speth, Maria) |
| July 20, 2007 | 129 | ORDER granting 128 the Stipulated Motion to Extend Time to Respond to Plaintiffs Motions Pursuant to Rule 56(f) and Motions to Compel (Doc. #128) is GRANTED. The Defendants shall have up to and including JULY 25, 2007 to respond to the Plaintiff pending discovery motions. Signed by Judge Sheri Polster Chappell on 7/20/2007. (lmh, ) |
| July 24, 2007 | 130 | NOTICE of withdrawal of motion by Whitney Information Network, Inc. re 124 MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and filed by Whitney Information Network, Inc., 125 Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment filed by Whitney Information Network, Inc. (Birken, Shawn) |
| July 25, 2007 | 131 | RESPONSE in opposition re 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Speth, Maria) |
| July 26, 2007 | 132 | The Notice of Withdrawal of Motions to Compel and Supplment to Motion for Additional Discovery Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defenants' Motion for Summary Judgment (Doc. #130) is Granted. Accordingly, the Court hereby enters the ORDER denying as moot 124 the Plaintiff's Motion to Compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment; denying as moot 125 the Plaintiff's Reviewed Amended Motion to Compel Documents Responsive to First Request for Production, Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment. Signed by Judge Sheri Polster Chappell on 7/26/2007. (lmh, ) |
| August 3, 2007 | 135 | ORDER granting [134] Oral Motion to Preclude Plaintiff's In-House Counsel from Deposition. Signed by Judge Douglas N. Frazier on 8/3/2007, nunc pro tunc, 8/1/07. (brh) |
| August 3, 2007 | 136 | NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Service of Disclosure (Speth, Maria) |
| August 9, 2007 | 137 | MOTION for reconsideration re 92 Order, 101 Order on motion for protective order, 135 Order on Motion for Miscellaneous Relief or to Clarify Order by Whitney Information Network, Inc.. (Birken, Shawn) |
| August 20, 2007 | 138 | ORDER granting 137 the Plaintiff Whitney Information Network, Inc.'s Motion for Relief from or to Clarify Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 8/20/2007. (lmh, ) |
| August 22, 2007 | 139 | Supplemental MOTION to supplement Rule 56(f) Motion for Enlargement of Time to respond to Defendant's Motion for Summary Judgment by Whitney Information Network, Inc.. (Birken, Shawn) |
| August 27, 2007 | 140 | RESPONSE in opposition re 139 Supplemental MOTION to supplement Rule 56(f) Motion for Enlargement of Time to respond to Defendant's Motion for Summary Judgment filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) |
| September 10, 2007 | 141 | MEMORANDUM in opposition re 115 Motion for summary judgment and, Alternatively, Motion for Reconsideration RE: Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction and Motion for Sanctions and Incorporated Memorandum of Law filed by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit Deposition Excerpts for Woodard)(Birken, Shawn) |
| September 10, 2007 | 142 | MOTION for leave to file to File Deposition Transcripts by Whitney Information Network, Inc.. (Birken, Shawn) |
| September 14, 2007 | 143 | Unopposed MOTION to Appear Telephonically Motion to Allow Telephonic Mediation by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) Motions referred to Magistrate Judge Sheri Polster Chappell. |
| September 14, 2007 | 144 | MOTION for leave to file Reply Brief in Support of Defendants' Summary Judgment and Request for Oral Argument on Defendants' Motion for Summary Judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) |
| September 19, 2007 | 145 | ORDER granting 143 the Unopposed Motion to Allow Telephonic Mediation. Maria Crimi Speth, as Counsel for the Defendants, Xcentric and Ed Magedson, as well as the Defendant, Mr. Magedson, shall have permission to appear via telephone for the scheduled mediation conference. Signed by Judge Sheri Polster Chappell on 9/19/2007. (lmh, ) |
| September 26, 2007 | 146 | RESPONSE to motion re 142 MOTION for leave to file to File Deposition Transcripts filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) |
| September 27, 2007 | 147 | MEMORANDUM in opposition re 144 Motion for leave to file Reply Brief filed by Whitney Information Network, Inc.. (Birken, Shawn) |
| October 1, 2007 | 148 | NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Subpoena (Speth, Maria) |
| October 5, 2007 | 149 | ORDER denying as moot 119 Motion for Extension of Time to File Response/Reply. The Clerk of the Court is directed to TERMINATE Plaintiffs Supplement to Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendants Motion for Summary Judgment (Doc. No. 139), as it was incorrectly filed as a motion. Signed by Judge Marcia Morales Howard on 10/5/2007. (laf, ) |
| October 10, 2007 | 150 | ORDER granting 142the Plaintiff Whitney Information Network, Inc.'s Motion for leave to File Deposition Transcripts. Signed by Judge Sheri Polster Chappell on 10/10/2007. (lmh, ) |
| October 18, 2007 | 151 | MOTION to strike or in the alternative, Motion for Protective Order Regarding Untimely Served Discover Requests by Whitney Information Network, Inc.. (Birken, Shawn) |
| October 19, 2007 | 152 | MEDIATION REPORT Hearing held on 9/20/07, continuing to 10/19/07 Hearing outcome: Impasse(Koch, Jonathan) |
| October 19, 2007 | 153 | NOTICE by Whitney Information Network, Inc. re 141 Memorandum in opposition, of Filing Deposition Transcript of Ed Magedson (Attachments: # 1 Exhibit Deposition Transcript of Magedson Volume 1 pages 1 to 49# 2 Exhibit Deposition of Magedson Volume 1 pages 50 to 99# 3 Exhibit Deposition of Magedson Volume 1 pages 100 to 143# 4 Exhibit Deposition of Magedson Volume 2 pages 1 to 49# 5 Exhibit Deposition of Magedson Vol 2 pages 50 to 99# 6 Exhibit Deposition of Magedson Vol 2 pages 100 to 149# 7 Exhibit Deposition of Magedson Vol 2 pages 150 to 199# 8 Exhibit Deposition of Magedson Vol 2 pages 200 to 240# 9 Exhibit Deposition of Magedson Vol 2 pages 241 to 263# 10 Exhibit Exhibit 1 to Magedson Deposition# 11 Exhibit Exhibit 2 to Magedson Deposition# 12 Exhibit Exhibit 3 to Magedson Deposition# 13 Exhibit Exhibit 4 to Magedson Deposition# 14 Exhibit Exhibit 5 to Magedson Deposition# 15 Exhibit Exhibit 6 to Magedson Deposition# 16 Exhibit Exhibit 7 to Magedson Deposition# 17 Exhibit Exhibit 8 to Magedson Deposition# 18 Exhibit Exhibit 9 to Magedson Deposition# 19 Exhibit Exhibit 10 to Magedson Deposition# 20 Exhibit Exhibit 11 to Magedson Deposition# 21 Exhibit Exhibit 12 to Magedson Deposition# 22 Exhibit Exhibit 13 to Magedson Deposition# 23 Exhibit Exhibit 14 to Magedson Deposition# 24 Exhibit Exhibit 15 to Magedson Deposition# 25 Exhibit Exhibit 16 to Magedson Deposition# 26 Exhibit Exhibit 17 to Magedson Deposition# 27 Exhibit Exhibit 18 to Magedson Deposition# 28 Exhibit Exhibit 19 to Magedson Deposition# 29 Exhibit Exhibit 20 to Magedson Deposition)(Birken, Shawn) |
| October 19, 2007 | 154 | MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Lippman, Steven) |
| October 22, 2007 | 155 | ORDERED: On or before November 8, 2007, the parties shall advise the Court as to the status of the mediation. Signed by Judge Marcia Morales Howard on 10/22/2007. (laf, ) |
| October 22, 2007 | 156 | STATUS REPORT by Whitney Information Network, Inc.. (Lippman, Steven) |
| October 24, 2007 | 157 | NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson re 153 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) of Filing Eratta Sheet (Attachments: # 1 Exhibit 1)(Speth, Maria) |
| October 31, 2007 | 158 | SUPPLEMENT re 154 MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1)(Lippman, Steven) |
| October 31, 2007 | 159 | MOTION For Leave of Court to Conduct Additional Discovery and to Thereafter Supplement its Response to Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1)(Lippman, Steven) |
| November 3, 2007 | 160 | RESPONSE in opposition re 151 MOTION to strike or in the alternative, Motion for Protective Order Regarding Untimely Served Discover Requests filed by Xcentric Ventures, LLC. (Speth, Maria) |
| November 5, 2007 | 161 | RESPONSE in opposition re 154 MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law filed by Xcentric Ventures, LLC. (Speth, Maria) |
| November 6, 2007 | 162 | ORDER granting 151 the Plaintiff Whitney Information Networks Inc.'s Motion to Strike or in the Alternatiive, Motion for Protective Order Regarding Untimely Served Discovery Requests. The Defendants discovery request propounded on September 26, 2007, is hereby stricken and the Plaintiff will not be required to respond to those specific discovery requests. Signed by Judge Sheri Polster Chappell on 11/6/2007. (lmh, ) |
