Netquote Inc. v. Byrd

Plaintiff NetQuote Inc. alleges that defendants submitted false and misleading information to plaintiff through plaintiff's website at www.netquote.com concerning real or fictitious persons who allegedly wish to receive price quotations from NetQuote's insurance affiliates on various forms of insurance, but who in reality do not wish to receive any such contact from NetQuote or NetQuote's insurance affiliates.

Additional Resources

Plaintiff:Netquote Inc.
Defendant:Brandon Byrd and Mostchoice.com, Inc.
Counter Claimant:Mostchoice.com, Inc.
Counter Defendant:Netquote Inc.
 
Case Number:1:2007cv00630
Filed:March 29, 2007
 
Court:Colorado District Court
Office:Denver Office [ Court Info ]
County:Denver
Presiding Judge:Judge David M. Ebel
Referring Judge:Magistrate Judge Michael E. Hegarty
 
Nature of Suit:Torts - Property - Other Fraud
Cause:28:1332 Diversity-Fraud
Jurisdiction:Diversity
Jury Demanded By:Both

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
March 29, 20071NOTICE OF REMOVAL from Denver District Court, Case Number 2006CV11463. ( Filing fee $ 350 Receipt Number COX000280), filed by Brandon Byrd. (Attachments: # 1 Verified Complaint# 2 Cover Sheet# 3 Mtn for Issuance# 4 Order Granting Mtn# 5 Mtn for Discovery# 6 Order Granting Mtn# 7 Verified Amended Complaint# 8 Mtn for 2nd Amend Cmplt# 9 Order Granting Mtn# 10 Second Amend Cmplt# 11 Summons# 12 Affidavit of Service# 13 Affidavit of Service# 14 Index# 15 Civil Cover Sheet # 16 Supplemental Civil Cover Sheet # 17 Receipt)(llr, )
April 2, 20076Court Opinion or Order ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty by Judge Ebel. (jjh, )
April 3, 20077Court Opinion or Order MINUTE ORDER Scheduling Conference set for 6/4/2007 09:15 AM before Magistrate Judge Michael E. Hegarty in Courtroom 203 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Entered by Magistrate Judge Michael E. Hegarty on 4/3/2007. (mehcd)
April 4, 20078MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim for Fraud Upon Which Relief can be Granted by Defendant Brandon Byrd. (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Eichenbaum, Rachel)
April 12, 20079NOTICE of Entry of Appearance by Ryan Lance Isenberg on behalf of Brandon Byrd (Isenberg, Ryan)
April 13, 200710Unopposed MOTION to Amend/Correct/Modify 2 Complaint, 3 Amended Complaint, 4 Amended Complaint by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only) # 2 Exhibit A - Proposed Third Amended Complaint# 3 Exhibit A to Proposed Third Amended Complaint# 4 Exhibit B to Proposed Third Amended Complaint# 5 Exhibit C to Proposed Third Amended Complaint# 6 Exhibit D to Proposed Third Amended Complaint# 7 Exhibit E to Proposed Third Amended Complaint# 8 Exhibit F to Proposed Third Amended Complaint)(Beall, Christopher)
April 16, 200712Court Opinion or Order Minute ORDER granting Plantiff 10 Motion to Amend Complaint by 04/19/07 by Magistrate Judge Michael E. Hegarty on 04/16/07.(jjh, )
April 16, 200713AMENDED COMPLAINT (Third) against Mostchoice.com, Inc., Brandon Byrd, filed by Netquote Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Beall, Christopher)
April 17, 200714Court Opinion or Order ORDER dismissing as Moot Defendant's 8 Motion to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim for Fraud Upon Which Relief can be Granted. Signed by Judge David M. Ebel on 04/17/07.(jjh, )
April 23, 200715WAIVER OF SERVICE Returned Executed by Netquote Inc.. Mostchoice.com, Inc. waiver sent on 4/16/2007, answer due 6/15/2007. (Beall, Christopher)
May 4, 200716MOTION to Dismiss for Lack of Jurisdiction by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Eichenbaum, Rachel)
May 7, 200717NOTICE of Entry of Appearance by Daniel David Williams on behalf of Netquote Inc. (Williams, Daniel)
May 7, 200718NOTICE of Entry of Appearance by David W. Stark on behalf of Netquote Inc. (Stark, David)
May 8, 200719Unopposed MOTION to Withdraw as Attorney by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Beall, Christopher)
May 8, 200721Court Opinion or Order ORDER granting 19 Motion to Withdraw as Attorney. Attorney Christopher P. Beall terminated. Signed by Magistrate Judge Michael E. Hegarty on 05/08/07.(jjh, )
May 10, 200722CORPORATE DISCLOSURE STATEMENT by Plaintiff Netquote Inc.. (Stark, David)
May 23, 200723RESPONSE to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit 1)(Stark, David)
May 25, 200724Proposed Scheduling Order by Plaintiff Netquote Inc.. (Williams, Daniel)
June 4, 200725Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 6/4/2007. Settlement Conference set for 8/10/2007 03:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Confidential Settlement Statements due by 8/3/07. Proposed Pretrial Order due by 1/29/2008. Final Pretrial Conference set for 2/5/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
June 5, 200726Court Opinion or Order SCHEDULING ORDER: Discovery due by 11/5/2007. Dispositive Motions due by 12/3/2007. Settlement Conference set for 8/10/2007 03:30 PM before Magistrate Judge Michael E. Hegarty. Final Pretrial Conference set for 2/5/2008 09:30 AM before Magistrate Judge Michael E. Hegarty. Signed by Magistrate Judge Michael E. Hegarty on 06/05/07. (jjh, )
June 6, 200727REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Brandon Byrd. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Isenberg, Ryan)
June 6, 200728CORPORATE DISCLOSURE STATEMENT by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
June 12, 200729Stipulated MOTION for Protective Order re Byrd computer hard drive by Plaintiff Netquote Inc.. (Stark, David)
June 13, 200731Court Opinion or Order ORDER denying 16 Motion to Dismiss for Lack of Jurisdiction as set forth in this Order. Signed by Judge David M. Ebel on 06/13/07.(jjh, )
June 15, 200732Partial MOTION to Dismiss by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Isenberg, Ryan)
June 15, 200733ANSWER to Amended Complaint, COUNTERCLAIM against Netquote Inc. by Mostchoice.com, Inc..(Isenberg, Ryan)
June 15, 200734ANSWER to Amended Complaint by Brandon Byrd.(Isenberg, Ryan)
June 13, 200735Court Opinion or Order Minute ORDER denying Stipulated 29 Motion for Protective Order without prejudice, by Magistrate Judge Michael E. Hegarty on 6/13/07.(gms, )
June 15, 200736Stipulated MOTION for Protective Order by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Daniel)
June 18, 200738Joint MOTION For Extension of Time to Respond to Written Discovery Requests by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Daniel)
June 19, 200740Court Opinion or Order Minute ORDER granting Stipulated 36 Motion for Protective Order by Magistrate Judge Michael E. Hegarty on 06/19/07.(jjh, )
June 19, 200741Court Opinion or Order Stipulated PROTECTIVE ORDER re: Search of Brandon Byrd's Computer Hard Drive. Signed by Magistrate Judge Michael E. Hegarty on 06/19/07. (jjh, )
June 19, 200742Court Opinion or Order Minute ORDER granting Joint 38 Motion for Extension of Time to Respond to Written Discovery Requests by 07/13/07 by Magistrate Judge Michael E. Hegarty on 06/19/07.(jjh, )
June 20, 200743Unopposed MOTION For Extension of Time to Respond to Motion to Dismiss and Reply to Counterclaim by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Daniel)
June 20, 200744Court Opinion or Order ORDER granting Unopposed 43 Motion for Extension of Time to Respond to Motion to Dismiss and Reply to Counterclaim by 07/16/07. Signed by Judge David M. Ebel on 06/20/07.(jjh, )
June 20, 200745MOTION to Withdraw as Attorney , Local Counsel Teresa Ashmore and Rachel Eichenbaum, by Defendants Mostchoice.com, Inc., Brandon Byrd, Counter Claimant Mostchoice.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Ashmore, Teresa)
June 20, 200747Court Opinion or Order Minute ORDER granting 45 Motion to Withdraw as Attorney. Attorney Teresa L. Ashmore and Rachel L. Eichenbaum terminated by Magistrate Judge Michael E. Hegarty on 06/20/07.(jjh, )
July 2, 200748MOTION to Dismiss MostChoice's Counterclaims by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Stark, David)
July 13, 200749MOTION for Protective Order by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Attachments: # 1 Exhibit # 2 Proposed Order (PDF Only))(Stark, David)
July 16, 200751RESPONSE to Motion re 32 Partial MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by Plaintiff Netquote Inc., Counter Defendant Netquote Inc.. (Attachments: # 1 Exhibit # 2 Exhibit)(Williams, Daniel)
July 23, 200752RESPONSE to Motion re 48 MOTION to Dismiss MostChoice's Counterclaims filed by Counter Claimant Mostchoice.com, Inc.. (Isenberg, Ryan)
July 23, 200753First MOTION for Leave to Amend Counterclaim by Counter Claimant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit Proposed Amended Counterclaim# 2 Exhibit A to Amended Counterclaim)(Isenberg, Ryan)
July 26, 200755Court Opinion or Order Minute ORDER denying without prejudice Defendant Mostchoice.com, Inc's 53 Motion for Leave to amend counterclaims, by Magistrate Judge Michael E. Hegarty on 7/26/07.(gms, )
July 27, 200756RESPONSE to Motion re 49 MOTION for Protective Order filed by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit B-3# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Affidavit Declaration of Michael Levy)(Isenberg, Ryan)
July 27, 200757REPLY to Response to Motion re 32 Partial MOTION to Dismiss for Failure to State a Claim filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
July 30, 200758Second MOTION to Amend/Correct/Modify 33 Answer to Amended Complaint, Counterclaim by Counter Claimant Mostchoice.com, Inc.. (Attachments: # 1 Appendix Certificate of Compliance with LR 7.1A# 2 Proposed Document Proposed Amended Counterclaim# 3 Exhibit A to Proposed Amended Counterclaim)(Isenberg, Ryan)
July 30, 200759NOTICE of Entry of Appearance by Teresa Taylor Tate on behalf of Netquote Inc. (Tate, Teresa)
August 6, 200761Court Opinion or Order MINUTE ORDER denying as moot 58 Motion for Leave to Amend Counterclaims. Defendant may re-file its amended pleading without the term "proposed" in the title, by Magistrate Judge Michael E. Hegarty on 8/6/07.(lam, )
August 6, 200762Amended COUNTERCLAIM against Netquote Inc., filed by Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A)(Isenberg, Ryan)
August 7, 200763REPLY to Response to Motion re 48 MOTION to Dismiss MostChoice's Counterclaims filed by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Williams, Daniel)
August 7, 200764Court Opinion or Order ORDER dismissing as moot Plaintiff's 48 Motion to Dismiss Defendant's Counterclaims. Signed by Judge David M. Ebel on 08/07/07.(jjh, )
August 7, 200765Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Discovery Dispute Hearing held on 8/7/2007. (Court Reporter FTR - C. Coomes) (mehcd)
August 13, 200766REPLY to Response to Motion re 49 MOTION for Protective Order filed by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Stark, David)
August 14, 200767Court Opinion or Order MINUTE ORDER The parties are directed to contact this Courts chambers to reschedule a settlement conference when it appears that fruitful negotiations can occur by Magistrate Judge Michael E. Hegarty on 08/14/07. (jjh, )
August 15, 200768Court Opinion or Order ORDER Defendant MostChoices Motion to Dismiss (Dkt. # 32) filed 06/15/07, is GRANTED as to Plaintiff NetQuotes claims of common law unfair competition and deceptive trade practices under the CCPA, and is DENIED as to any other basis for dismissal. Signed by Judge David M. Ebel on 08/15/07.(jjh, )
August 17, 200769Unopposed MOTION For Extension of Time to Submit Expert Reports by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Stark, David)
August 20, 200771Court Opinion or Order Minute ORDER granting in part and denying in part Unopposed 69 Motion for Extension of Time to submit Expert Report as set forth in this Minute Order by Magistrate Judge Michael E. Hegarty on 08/20/07.(jjh, )
August 23, 200773Court Opinion or Order ORDER granting Plaintiff's 49 Motion for Protective Order. Signed by Magistrate Judge Michael E. Hegarty on 08/23/07.(jjh, )
August 23, 200774Court Opinion or Order PROTECTIVE ORDER re: Documents and Deposition Transcripts. Signed by Magistrate Judge Michael E. Hegarty on 08/23/07. (jjh, )
August 23, 200775MOTION to Dismiss MostChoice's Amended Fraud Counterclaim by Plaintiff Netquote Inc.. (Stark, David)
August 23, 200776REPLY to 62 Counterclaim by Plaintiff Netquote Inc.. (Stark, David)
September 12, 200777Second MOTION For Extension of Time to Submit Expert Reports by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Stark, David)
September 14, 200779Court Opinion or Order Minute ORDER granting Second Unopposed 77 Motion for Extension of Time to Submit Expert Reports as set forth in this Order by Magistrate Judge Michael E. Hegarty on 09/14/07.(jjh, )
September 14, 200780First MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss MostChoice's Amended Fraud Counterclaim by Counter Claimant Mostchoice.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Extend Time)(Isenberg, Ryan)
September 14, 200781Court Opinion or Order ORDER granting Defendant's Unopposed 80 Motion for Extension of Time to File Response to Plaintiff's Motion to Dismiss by 09/21/07. Signed by Judge David M. Ebel on 09/14/07.(jjh, )
September 21, 200782RESPONSE to Motion re 75 MOTION to Dismiss MostChoice's Amended Fraud Counterclaim filed by Counter Claimant Mostchoice.com, Inc.. (Isenberg, Ryan)
September 21, 200783Unopposed MOTION for Leave to File Second Amended Counterclaim by Counter Claimant Mostchoice.com, Inc.. (Attachments: # 1 Proposed Document Second Amended Counterclaim# 2 Exhibit A to Proposed Counterclaim# 3 Exhibit B of Proposed Counterclaim# 4 Exhibit C (redacted) to Proposed Counterclaim# 5 Exhibit D to Proposed Counterclaim# 6 Affidavit LR 7.1 Certificate)(Isenberg, Ryan)
September 26, 200786NOTICE of Entry of Appearance by Heather Carson Perkins on behalf of Netquote Inc. (Perkins, Heather)
September 26, 200787Second COUNTERCLAIM (amended) against Netquote Inc.(a Colorado Corporation), filed by Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Redacted# 4 Exhibit D)(Isenberg, Ryan)
September 28, 200788REPLY to 83 Unopposed MOTION for Leave to File Second Amended Counterclaim, 75 MOTION to Dismiss MostChoice's Amended Fraud Counterclaim, 87 Counterclaim, 82 Response to Motion, 85 Order on Motion for Leave, in Support of Motion to Dismiss Fraud Counterclaim by Plaintiff Netquote Inc.. (Tate, Teresa)
October 5, 200789Court Opinion or Order ORDER dismissing as Moot 75 Motion to Dismiss MostChoince's Amended Fraud Counterclaim. Signed by Judge David M. Ebel on 10/05/07.(jjh, )
October 9, 200790MOTION to Maintain Highly-Confidential-Attorneys' Eyes Only Designation for Documents by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Perkins, Heather)
October 9, 200791Plaintiff's ANSWER to Counterclaim by Netquote Inc..(Perkins, Heather)
October 18, 200793MOTION for Leave to Take Additional Depositions, to Extend Discovery, and Modify the Scheduling Order by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Continuation of Main Document LR 7.1 Certificate)(Isenberg, Ryan)
October 25, 200795RESPONSE to Motion re 90 MOTION to Maintain Highly-Confidential-Attorneys' Eyes Only Designation for Documents filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
October 29, 200796STIPULATION for Extension of Time to Respond to Request for Admissions by Defendant Brandon Byrd. (Isenberg, Ryan)
October 31, 200797Court Opinion or Order ORDER granting Plaintiff's 90 Motion to Maintain Highly Confidential - Attorneys Eyes Only Designation for Documents NQ000160- NQ000204. Signed by Magistrate Judge Michael E. Hegarty on 10/31/07.(sss, )
November 6, 200798APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 97 Order on Motion for Miscellaneous Relief (Designation of Documents as Attorney Eyes Only by Defendants Mostchoice.com, Inc., Brandon Byrd (Isenberg, Ryan)
November 7, 200799RESPONSE to Motion re 93 MOTION for Leave to Take Additional Depositions, to Extend Discovery, and Modify the Scheduling Order filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Stark, David)
November 12, 2007100MOTION to Reopen Depositions at Federal Courthouse by Counter Defendants Netquote Inc., Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Proposed Order (PDF Only))(Williams, Daniel)
November 13, 2007102MOTION to Seal Document Reply Brief and Exhibits by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Appendix LR 7.1 Certificate, # 2 Proposed Order (PDF Only) Proposed Order)(Isenberg, Ryan)
November 13, 2007104Court Opinion or Order Minute ORDER granting in part and denying in part Defendant's 93 Motion for Leave to Take Additional Depositions, for Additional Time to Complete Written Discovery, and to Modify the Scheduling Order Accordingly. Defendant's request to extend discovery period is denied without prejudice. Defendant's request for leave to take additional depositions is denied. Defendant's request for additional time to complete written discovery is granted. Plaintiff shall respond to Defendant's requests by 12/13/07, by Magistrate Judge Michael E. Hegarty on 11/13/07.(sss, )
November 15, 2007107Court Opinion or Order Minute ORDER granting Defendant's 102 Motion to File Documents Under Seal in Connection with Defendant's Reply to Plaintiffs Response to Mostchoice's Motion for Additional Discovery. Defendant to provide Plaintiff with copies of all documents filed under seal by 11/19/07, by Magistrate Judge Michael E. Hegarty on 11/15/07.(sss, )
November 16, 2007108RESPONSE to 98 Defendants' Objection to 97 Magistrate's Order Upholding Attorneys' Eyes Only Designation by Plaintiff Netquote Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perkins, Heather) (Modified on 11/19/2007 to clarify linkage) (pap2, ).
November 20, 2007110OBJECTION to Appeal of Magistrate Judge Decision by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perkins, Heather)
November 21, 2007111MOTION for Reconsideration re 104 Order on Motion for Leave,, in light of timely filed Reply Brief by Defendants Mostchoice.com, Inc. and Brandon Byrd. (Isenberg, Ryan) Modified on 11/23/2007 to add filer (sss, ).
November 21, 2007112MOTION to Modify or for Relief from Protective Order by Defendants Mostchoice.com, Inc. and Brandon Byrd. (Attachments: # 1 Affidavit Martin Fleischmann, # 2 Appendix LR 7.1 Certificate)(Isenberg, Ryan) Modified on 11/23/2007 to add filer (sss, ).
November 21, 2007113MOTION to Seal Exhibits to Motion to Modify or for Relief from Protecitve Order [Dt.# 112] by Defendants Mostchoice.com, Inc. and Brandon Byrd. (Isenberg, Ryan) Modified on 11/23/2007 to add filer(sss, ).
November 26, 2007120RESPONSE to Plaintiff's Objection to Appeal of Magistrate's Order filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
November 27, 2007121STIPULATION of Dismissal of Counterclaims by Counter Claimants Mostchoice.com, Inc., Mostchoice.com, Inc., Mostchoice.com, Inc., Counter Defendants Netquote Inc., Netquote Inc., Netquote Inc., Plaintiff Netquote Inc., Defendants Mostchoice.com, Inc., Brandon Byrd. (Williams, Daniel)
November 28, 2007122Court Opinion or Order ORDER denying Defendants' 111 Motion for Reconsideration of Defendant's Motion for Additional Depositions. Signed by Magistrate Judge Michael E. Hegarty on 11/28/07.(sss, )
November 30, 2007123Court Opinion or Order ORDER on Objection to Magistrate Judge's Order: Defendants' Objection 98 is overruled and the Magistrate Judge's Order 97 is affirmed. Signed by Judge David M. Ebel on 11/30/07.(sss, )
November 30, 2007124Renewed MOTION For Extension of Time to Obtain Non-Party Discovery, Identify a Rebuttal Expert, and Continue the Final Pre-Trial Conference by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Continuation of Main Document LR 7.1 Certificate)(Isenberg, Ryan)
November 30, 2007125Unopposed MOTION to Seal Exhibit "F" to Renewed Motion to Extend Time for Non-Party Discovery by Defendants Mostchoice.com, Inc. and Brandon Byrd. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Motion to Seal)(Isenberg, Ryan) Modified on 12/5/2007 to add filer (sss, ).
December 3, 2007129RESPONSE to Motion re 100 MOTION to Reopen Depositions at Federal Courthouse filed by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Deposition Excerpts Brandon Byrd, # 7 Deposition Excerpts Michael Andrew)(Isenberg, Ryan)
December 3, 2007130MOTION to Seal Deposition Transcript Excerpt by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Isenberg, Ryan)
December 6, 2007136Court Opinion or Order MINUTE ORDER: Plaintiff is ordered to file response to Defendants' 130 MOTION to File Documents Under Seal in Connection with Defendants' Response to Plaintiff's Motion to Reopen Depositions by 12/14/07, by Magistrate Judge Michael E. Hegarty on 12/6/07. (sss, )
December 6, 2007137Court Opinion or Order Minute ORDER granting Defendants' Unopposed 125 Motion to File Documents Under Seal in Connection with Defendants' Renewed Motion for Additional Discovery. Clerk of Court directed to maintain under seal document found at 126 , by Magistrate Judge Michael E. Hegarty on 12/6/07.(sss, )
December 6, 2007138RESPONSE to Motion re 130 MOTION to Seal Deposition Transcript Excerpt filed by Plaintiff Netquote Inc.. (Williams, Daniel)
December 6, 2007139STIPULATION (Amended) of Dismissal of Counterclaims by Plaintiff Netquote Inc.. (Williams, Daniel)
December 7, 2007140RESPONSE to Motion re 124 Renewed MOTION For Extension of Time to Obtain Non-Party Discovery, Identify a Rebuttal Expert, and Continue the Final Pre-Trial Conference filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Williams, Daniel)
December 10, 2007141Court Opinion or Order Minute ORDER granting Defendants' Unopposed 130 Motion to File Documents Under Seal in Connection with Defendants' Response to Plaintiff's Motion to Reopen Depositions. Clerk of Court directed to maintain under seal document found at 131 , by Magistrate Judge Michael E. Hegarty on 12/10/07.(sss, )
December 11, 2007142RESPONSE to Motion re 112 MOTION to Modify or for Relief from Protective Order filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Williams, Daniel) Modified on 12/11/2007 to seal Exhibits A and B pursuant to memo of 12/11/07. (sss, ).
December 11, 2007144MEMORANDUM to file: pursuant to Magistrate Judge Hegarty's chambers, exhibts A and B to Plaintiffs Response to Mostchoices Motion to Modify Protective Order, or For Relief from Protective Order have been sealed. (sss, )
December 11, 2007145Unopposed MOTION to Seal Document Filed as Attachments to NetQuote Response Brief Concerning Protective Order Under Seal by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Daniel)
December 14, 2007147Court Opinion or Order MINUTE ORDER granting Plaintiff's Unopposed 145 Motion to File Attachments to Netquote Response Brief Concerning Protective Order Under Seal. Clerk directed to maintain under seal documents found at Dkt #142-2 and Dkt #142-3, by Magistrate Judge Michael E. Hegarty on 12/14/07.(sss, )
December 14, 2007148Unopposed MOTION to Seal Memorandum in Support of Motion for Summary Judgment, Motion to Exclude Plaintiff's Expert Witness, and Exhibits and Deposition Transcripts in support thereof by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Isenberg, Ryan)
December 14, 2007149MOTION for Summary Judgment by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Affidavit Decl. of M. Levy, # 2 Exhibit 1 to Decl. of M. Levy, # 3 Exhibit 2 to Decl. of M. Levy, # 4 Exhibit 3 to Decl. of M. Levy, # 5 Proposed Order (PDF Only) Granting Motion for Summary Judgment)(Isenberg, Ryan)
December 14, 2007152Exhibits in Support of 149 MOTION for Summary Judgment, 150 Sealed Document,,, 151 Sealed Document, Exhibit List (exhibits filed under seal) by Defendants Mostchoice.com, Inc., Brandon Byrd. (Isenberg, Ryan)
December 17, 2007156REPLY to Response to Motion re 100 MOTION to Reopen Depositions at Federal Courthouse filed by Plaintiff Netquote Inc.. (Williams, Daniel)
December 18, 2007157MOTION for Summary Judgment on MostChoice's Counterclaim by Plaintiff Netquote Inc.. (Williams, Daniel)
December 18, 2007158BRIEF in Support re 157 MOTION for Summary Judgment on MostChoice's Counterclaim filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Williams, Daniel)
December 19, 2007159Court Opinion or Order MINUTE ORDER Granting 113 Plaintiff, Defendants' MOTION to Seal Exhibits to Motion to Modify or for Relief from Protecitve Order. The Clerk of the Court is directed to maintain under seal those documents found at doc #114.Entered by Magistrate Judge Michael E. Hegarty on 12/19/07.(pap, )
December 19, 2007160Court Opinion or Order MINUTE ORDER granting 148 Defendants' Unopposed MOTION to Seal Memorandum in Support of Motion for Summary Judgment, Motion to Exclude Plaintiff's Expert Witness, and Exhibits and Deposition Transcripts in support thereof. The Clerk of the Court is directed to maintain under seal the documents found under docs #150, 151 and 152. Entered by Magistrate Judge Michael E. Hegarty on 12/19/07.(pap, )
December 19, 2007161Court Opinion or Order MINUTE ORDER Setting Hearing on Motion 100 MOTION to Reopen Depositions at Federal Courthouse, 124 Renewed MOTION For Extension of Time to Obtain Non-Party Discovery, Identify a Rebuttal Expert, and Continue the Final Pre-Trial Conference, 112 MOTION to Modify or for Relief from Protective Order : Oral Argument set for 12/28/2007 09:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty.Entered by Magistrate Judge Michael E. Hegarty on 12/19/07. (pap, )
December 21, 2007162REPLY to Response to Motion re 112 MOTION to Modify or for Relief from Protective Order filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
December 28, 2007163Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/28/2007. ORDERED: Plaintiff's 100 Motion to Reopen Depositions at Federal Courthouse is granted in part and denied in part. ORDERED: Defendant Mostchoice.com, Inc.'s 124 Motion for Additional Time to Obtain Non-Party Discovery, to Continue the Final Pre-Trial Conference, and to Identify a Rebuttal Expert Witness is granted in part and denied in part. Final Pretrial Conference set for 2/5/08 is vacted and reset for 2/20/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. ORDERED: Defendants' 112 Motion to Modify Protective Order, or For Relief from Protective Order is denied without prejudice. (Court Reporter FTR - Ellen Miller.) (sss, )
January 3, 2008164RESPONSE to Motion re 155 MOTION to Exclude Expert Testimony filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 2)(Perkins, Heather)
January 3, 2008165Unopposed MOTION to Seal Document NetQuote's Response to Defendants' Motion for Summary Judgment and Exhibits by Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Daniel)
January 7, 2008169Court Opinion or Order MINUTE ORDER granting Plaintiff's Unopposed 165 Motion to File Netquote's Response to Defendants' Motion for Summary Judgment and Exhibits Under Seal. Clerk directed to maintain under seal documents found at Dkt. 166, by Magistrate Judge Michael E. Hegarty on 1/7/08.(sss, )
January 7, 2008170RESPONSE to Motion re 157 MOTION for Summary Judgment on MostChoice's Counterclaim filed by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Deposition Excerpts Martin Fleischmann, # 4 Deposition Excerpts Michael Levy)(Isenberg, Ryan) Modified on 1/8/2008 to correct filer (sss, ).
January 7, 2008171MOTION to Obtain Relief Pursuant to FRCP 56(f) by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit Ryan Isenberg, # 4 Proposed Order (PDF Only) Proposed Order)(Isenberg, Ryan) Modified on 1/8/2008 to correct filer (sss, ).
January 10, 2008173Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Discovery Dispute Hearing held on 1/10/2008. (Court Reporter FTR - C. Coomes) (mehcd)
January 18, 2008176Unopposed MOTION to Seal Reply Briefs and Exhibits in Connection with Defendants' Motions for Summary Judgment and to Exclude Plaintiff's Expert Witness by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Seal)(Isenberg, Ryan)
January 18, 2008180Exhibits in Support of 155 MOTION to Exclude, 149 MOTION for Summary Judgment (Reply Brief Exhibts Filed Under Seal) by Defendants Mostchoice.com, Inc., Brandon Byrd. (Isenberg, Ryan)
January 18, 2008181REPLY to Response to Motion re 157 MOTION for Summary Judgment on MostChoice's Counterclaim filed by Plaintiff Netquote Inc.. (Williams, Daniel)
January 18, 2008182RESPONSE to Motion re 171 MOTION to Obtain Relief Pursuant to FRCP 56(f) filed by Plaintiff Netquote Inc. (Attachments: # 1 Exhibit 1)(Williams, Daniel) Modified on 1/23/2008 to remove system-generated duplicate text (sss, ).
January 23, 2008188Court Opinion or Order MINUTE ORDER granting Defendants' 176 Unopposed Motion to File Documents Under Seal. Clerk of Court directed to maintain under seal documents found under docs. 177, 178 and 179, by Magistrate Judge Michael E. Hegarty on 1/23/08.(sss, )
January 23, 2008189Unopposed MOTION for Leave to File Rebuttal Expert Report by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Proposed Order (PDF Only))(Isenberg, Ryan)
January 23, 2008190Unopposed MOTION to Seal Rebuttal Expert Report by Defendants Mostchoice.com, Inc., Brandon Byrd. (Attachments: # 1 Proposed Order (PDF Only))(Isenberg, Ryan)
January 25, 2008194Court Opinion or Order MINUTE ORDER granting Defendants' 190 Unopposed Motion to File Rebuttal Expert Report Under Seal. Clerk of Court is directed to maintain under seal document found under doc. 191, by Magistrate Judge Michael E. Hegarty on 1/25/08.(sss, )
January 31, 2008196NOTICE of Withdrawal of Motion for Relief Under FRCP 56(f) [Dkt. 171] by Defendant Mostchoice.com, Inc. (Isenberg, Ryan)
February 4, 2008197Court Opinion or Order MINUTE ORDER granting 189 Defendants' Unopposed Motion for Leave to File Rebuttal Expert Report. Plaintiff is granted leave to file Surreply to Motion to Exclude on or before 2/22/08, by Magistrate Judge Michael E. Hegarty on 2/4/08.(jmp, )
February 5, 2008198NOTICE of Entry of Appearance of Melvin L. Hewitt, Jr. by Ryan Lance Isenberg on behalf of Mostchoice.com, Inc., Brandon Byrd (Isenberg, Ryan)
February 12, 2008199Proposed Pretrial Order by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A-Plaintiff's Witness List, # 2 Exhibit B-Defendants' Witness List, # 3 Exhibit C-Joint Trial Exhibit List)(Perkins, Heather)
February 20, 2008200Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Final Pretrial Conference held on 2/20/2008. Set/Reset Deadlines: Proposed Pretrial Order due by 3/20/2008. Set/Reset Hearings: Final Pretrial Conference RESET for 3/21/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
February 22, 2008201SURREPLY re 155 MOTION to Exclude Expert Testimony filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit 1)(Perkins, Heather)
February 25, 2008202MOTION for Leave to Take Preservation Depositions by Defendant Mostchoice.com, Inc. (Attachments: # 1 Exhibit A, # 2 Proposed Order (PDF Only))(Isenberg, Ryan) Modified on 2/26/2008 to remove Byrd as filer (sss, ).
February 29, 2008206Court Opinion or Order MINUTE ORDER re: 155 Defendant's MOTION to Exclude Expert Testimony filed by Brandon Byrd, Mostchoice.com, Inc. Final Pretrial Conference set for 3/21/2008 at 09:30 AM is reschuled to 02:30 PM the same day in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Motion Hearing set for 3/21/2008 02:30 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 2/29/08. (jmp, )
March 3, 2008207RESPONSE to Motion re 202 MOTION for Leave to Take Preservation Depositions filed by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A)(Perkins, Heather)
March 5, 2008208REPLY to Response to Motion re 202 MOTION for Leave to Take Preservation Depositions filed by Defendant Mostchoice.com, Inc.. (Isenberg, Ryan)
March 6, 2008209Court Opinion or Order MINUTE ORDER: The Minute Order dated February 29, 2008, is amended to clarify that the hearing on Defendants Motion to Exclude Expert Testimony [Docket #155] is an evidentiary hearing, by Magistrate Judge Michael E. Hegarty on 3/06/08. (jmp, )
March 6, 2008210Court Opinion or Order ORDER granting in part and denying in part 202 Defendants' Motion for Leave to Take Preservation Depositions. Signed by Magistrate Judge Michael E. Hegarty on 3/06/08.(jmp, )
March 20, 2008212Proposed Pretrial Order Revised by Plaintiff Netquote Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C)(Williams, Daniel)
March 21, 2008213Court Opinion or Order MINUTE ORDER Final pretrial conference and motions hearing set 3/21/08 at 2:30 p.m. is vacated. Counsel to conference together and call chambers by 3/25/08 to obtain alternate date, by Magistrate Judge Michael E. Hegarty on 3/21/08. (gms, )
March 21, 2008214Court Opinion or Order MINUTE ORDER: Final Pretrial Conference is rescheduled for 3/24/2008 09:00 AM before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 3/21/08. (jmp, )
March 24, 2008215Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Final Pretrial Conference held on 3/24/2008. Telephonic Status Conference set for 3/26/2008 03:15 PM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Motion Hearing set for 4/16/2008 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Final Pretrial Order approved. (Court Reporter FTR - C. Coomes (mehcd)
March 24, 2008217Court Opinion or Order FINAL PRETRIAL ORDER: Pending Motions, Discovery complete, estimated 10-20 day jury trial. Signed by Magistrate Judge Michael E. Hegarty on 3/24/08. (jmp, )
March 26, 2008218Court Opinion or Order ORDER: Trial Preparation Conference set for 9/18/2008 at 10:00 AM before Judge David M. Ebel. 9 day Jury Trial set for 10/6/2008 09:00 AM before Judge David M. Ebel. Signed by Judge David M. Ebel on 3/26/08. (jmp, )
March 26, 2008219Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 3/26/2008. (Court Reporter FTR - C. Coomes) (mehcd)
April 14, 2008220Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 4/14/2008. All documents in Plaintiffs white exhibit notebook are admitted for the purposes of this hearing only. The portion of the transcript relating to Defendants Exhibit 5 and questions regarding that document will be SEALED. The Court takes the motion under advisement. (Court Reporter FTR-Cathy Coomes.) (jmp, )
April 15, 2008221NOTICE of Associated Cases by Plaintiff Netquote Inc. (Williams, Daniel)
April 23, 2008222OBJECTIONS to Pursuant to Fed.R.Civ.P.26(A)(3) by Plaintiff Netquote Inc.. (Williams, Daniel)
April 24, 2008223OBJECTIONS to Plaintiff's Proposed Exhibits by Defendants Mostchoice.com, Inc., Brandon Byrd. (Isenberg, Ryan)
April 29, 2008224REPORT AND RECOMMENDATION that 155 Defendants' MOTION to Exclude Expert Testimony filed by Brandon Byrd, Mostchoice.com, Inc. be denied. Signed by Magistrate Judge Michael E. Hegarty on 4/28/08. (jmp, )
May 9, 2008225APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 224 Report and Recommendations by Defendant Mostchoice.com, Inc. (Attachments: # 1 Pages 94, 96 from Transcript)(Isenberg, Ryan)
May 13, 2008228OBJECTION to 224 Report and Recommendations by Defendant Mostchoice.com, Inc.. (Attachments: # 1 Pages from Transcript)(Isenberg, Ryan)
Search for this case: Netquote Inc. v. Byrd
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Plaintiff: Netquote Inc.
Represented By: Daniel D. Williams, Teresa Taylor Tate, David W. Stark, Teresa Taylor Tate, Daniel D. Williams, David W. Stark, Heather Carson Perkins
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Defendant: Brandon Byrd
Represented By: Ryan Lance Isenberg, Melvin L. Hewitt, Jr.
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Defendant: Mostchoice.com, Inc.
Represented By: Ryan Lance Isenberg, Ryan Lance Isenberg, Melvin L. Hewitt, Jr.
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Counter Claimant: Mostchoice.com, Inc.
Represented By: Ryan Lance Isenberg, Ryan Lance Isenberg, Melvin L. Hewitt, Jr.
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Counter Defendant: Netquote Inc.
Represented By: Daniel D. Williams, Teresa Taylor Tate, David W. Stark, Teresa Taylor Tate, Daniel D. Williams, David W. Stark, Heather Carson Perkins
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