Plaintiff alleged that defendant Impulse Media Group Inc. initiated the transmission, to protected computers, of commercial email messages that include sexually oriented material, but did not warn the recipient that such messages were sexually explicit as required under the CAN-SPAM Act, did not offer recipients the means to opt-out of future messages, did not include the sender's valid physical postal address, and included sexually oriented material within the initially viewable content of the message.
Date Filed
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#
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Docket Text
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| July 20, 2005 |
1
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COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION, AND OTHER EQUITABLE RELIEF against defendant(s) Impulse Media Group Inc (Summons(es) not issued) (Receipt #: Fee waived), filed by
United States of America. (Attachments: # 1 Civil Cover Sheet)(DJ)
(Entered: July 21, 2005)
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| August 29, 2005 |
2
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AMENDED COMPLAINT for Civil Penalties, Permanent Injunction, and Other Equitable Relief against defendant(s) United States of America, filed by United States of America.(Kipnis,
Brian) (Entered: August 29, 2005)
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| September 19, 2005 |
3
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NOTICE of Appearance by attorney Robert S Apgood on behalf of Defendant Impulse Media Group Inc (Apgood, Robert) (Entered: September 19, 2005)
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| September 19, 2005 |
4
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ANSWER to Complaint , Affirmative Defenses, and Prayer for Relief with JURY DEMAND by Impulse Media Group Inc.(Apgood, Robert) (Entered: September 19, 2005)
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| September 23, 2005 |
5
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ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 11/4/2005; by Judge Robert S. Lasnik. (KERR, ) (Entered: September 23, 2005)
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| October 26, 2005 |
6
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JOINT STATUS REPORT and Discovery Plan filed by all parties. Est. Trial Days: five by Plaintiffs United States of America, United States of America.(Steger, Jeffrey) (Entered:
10/26/2005)
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| October 28, 2005 |
7
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MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 5 days. Jury Trial is set for 12/4/2006 at 09:00 AM before Hon Robert S. Lasnik. Joinder of Parties due by 11/25/2005;
Amended Pleadings due by 6/7/2006; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/7/2006; Discovery completed by 8/6/2006; Dispositive motions due by 9/5/2006; Settlement
conference to be held by 10/5/2006; 39.1 mediation to be completed by 11/4/2006; Motions in Limine due by 11/6/2006; Pretrial Order due by 11/22/2006; Trial briefs to be submitted by
11/29/2006; Proposed voir dire/jury instructions due by 11/29/2006; (KERR, ) (Entered: October 28, 2005)
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| November 10, 2005 |
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IMPORTANT NOTICE regarding courtesy copies for Judge Lasnik's chambers; when the aggregate submittal to the court (i.e., the motion, any declarations and exhibits, the proposed order, and
the certificate of service) exceeds 50 pages in length, a paper copy of the documents (with tabs or other organizing aids as necessary) shall be delivered to the Clerk's Office for chambers
BY 10:30 A.M. THE MORNING AFTER FILING. The chambers copy must be clearly marked with the words "Courtesy Copy of Electronic Filing for Chambers." (KERR, ) (Entered: November 10, 2005)
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| November 22, 2005 |
8
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CERTIFICATE OF SERVICE by Defendant Impulse Media Group Inc of Defendant's First Set of Requests for Admission Propounded to Plaintiff USA. (Apgood, Robert) (Entered: November 22, 2005)
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| December 15, 2005 |
9
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Agreed Stipulated MOTION for Protective Order by United States of America and by Defendant Impulse Media Group Inc. Noting Date 12/15/2005. (Apgood, Robert) (Entered: December 15, 2005)
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| December 16, 2005 |
10
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STIPULATION AND PROTECTIVE ORDER by Judge Robert S. Lasnik. (RS, ) (Entered: December 19, 2005)
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| December 29, 2005 |
11
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CERTIFICATE OF SERVICE by Defendant Impulse Media Group Inc upon Plaintiff of Responses to Plaintiff's First Request for Interrogatory Answers. (Apgood, Robert) (Entered: December 29, 2005)
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| December 29, 2005 |
12
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CERTIFICATE OF SERVICE by Defendant Impulse Media Group Inc upon Plaintiff of Responses to Plaintiff's First Request for Documents. (Apgood, Robert) (Entered: December 29, 2005)
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| May 19, 2006 |
14
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AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Deepoi Deol. (RS, ) (Entered: May 22, 2006)
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| May 22, 2006 |
13
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NOTICE of Appearance by attorney Lauren E Hash on behalf of Plaintiff United States of America (Hash, Lauren) (Entered: May 22, 2006)
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| August 29, 2006 |
15
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Stipulated MOTION to File Overlength Briefs and Documents Under Seal by Plaintiff United States of America. Noting Date 8/29/2006. (Attachments: # 1 Proposed Order)(Hash, Lauren) (Entered: August 29, 2006)
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| August 30, 2006 |
16
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ORDER granting 15 Stipulated Motion to File Overlength Briefs and
Documents Under Seal by Judge Robert S. Lasnik.(LT, ) (Entered: August 31, 2006)
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| September 5, 2006 |
17
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MOTION for Summary Judgment by Plaintiff United States of America. Noting Date 9/29/2006. (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 16# 13 Exhibit 17# 14 Exhibit 18# 15 Exhibit 19# 16 Exhibit 20)(Hash, Lauren) (Entered: September 5, 2006)
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| September 5, 2006 |
18
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SEALED DOCUMENT Exhibit 11 to 17
Plaintiff's Motion for Summary Judgment by Plaintiff United States of America re 16 Order on Stipulated Motion. (Hash, Lauren) Modified on 9/6/2006: added link to
docket #17 (HBR). (Entered: September 5, 2006)
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| September 5, 2006 |
19
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SEALED DOCUMENT Exhibit 12 to 17
Plaintiff's Motion for Summary Judgment by Plaintiff United States of America re 16 Order on Stipulated Motion. (Attachments: # (1) Part 2)(Hash, Lauren) Modified
on 9/6/2006: added link to docket #17 (HBR). (Entered: September 5, 2006)
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| September 5, 2006 |
20
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SEALED DOCUMENT Exhibit 13 to 17
Plaintiff's Motion for Summary Judgment by Plaintiff United States of America re 16 Order on Stipulated Motion. (Hash, Lauren) Modified on 9/6/2006: added link to
docket #17 (HBR). (Entered: September 5, 2006)
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| September 5, 2006 |
21
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NOTICE of Filing CD-ROM, Exhibit 14 to Plaintiff's MSJ in paper form with the Clerk's Office by Plaintiff United States of America (Hash, Lauren) (Entered: September 5, 2006)
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| September 5, 2006 |
22
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NOTICE of Filing CD-ROM, Exhibit 15 to Plaintiff's MSJ in paper form with the Clerk's Office by Plaintiff United States of America (Hash, Lauren) (Entered: September 5, 2006)
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| September 5, 2006 |
23
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MOTION for Summary Judgment by Defendant Impulse Media Group Inc. Noting Date 9/29/2006. (Apgood, Robert) (Entered: September 5, 2006)
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| September 5, 2006 |
24
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DECLARATION of Seth Schermerhorn filed by Defendant Impulse Media Group Inc re 23 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Webmaster Home Page# 2 Exhibit B - Web Master Join Page# 3 Exhibit C - Terms and Conditions)(Apgood, Robert) (Entered: September 5, 2006)
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| September 20, 2006 |
25
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Agreed MOTION Leave to File an Exhibit Under Seal by Plaintiff United States of America. Noting Date 9/20/2006. (Attachments: # 1 Proposed Order)(Hash, Lauren) (Entered: September 20, 2006)
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| September 22, 2006 |
26
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ORDER granting govt's 25 Motion for leave to file an exhibit under seal
by Judge Robert S. Lasnik.(RS, ) (Entered: September 25, 2006)
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| September 25, 2006 |
27
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RESPONSE, by Plaintiff United States of America, to 23 MOTION for Summary
Judgment. (Attachments: # 1 Exhibit 21# 2 Exhibit 22)(Hash, Lauren) (Entered: September 25, 2006)
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| September 25, 2006 |
28
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SEALED DOCUMENT Exhibit 23 to United States' Response to 23 Defendant's Motion for Summary Judgment by Plaintiff United States of
America re 26 Order on Motion for Miscellaneous Relief. (Hash, Lauren)
Modified to create link on 9/26/2006 (DM, ). (Entered: September 25, 2006)
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| September 25, 2006 |
29
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RESPONSE, by Defendant Impulse Media Group Inc, to 17 MOTION for Summary
Judgment. (Apgood, Robert) (Entered: September 25, 2006)
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| September 25, 2006 |
30
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DECLARATION of Seth Schermerhorn filed by Defendant Impulse Media Group Inc re 17 MOTION for Summary Judgment (Apgood, Robert) (Entered: September 25, 2006)
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| September 25, 2006 |
31
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DECLARATION of Robert S. Apgood filed by Defendant Impulse Media Group Inc re 17 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - Plaintiff's Motion for Summary Judgment in another case# 2 Exhibit B - Himelfarb Declaration in another case# 3 Exhibit C - Exhibit N to Himelfarb Declaration# 4 Exhibit D - Statement of Facts for MSJ in another case# 5 Exhibit E - Vetter Declaration in another case# 6 Exhibit F - Bundy Declaration in another case# 7 Exhibit G - Defendant's Opposition to MSJ in another case# 8 Exhibit H - Defendant's MSJ in another case# 9 Exhibit I - Vivas Declaration in another case# 10 Exhibit J - Plaintiff's Response in Opoosition to MSJ in another
case)(Apgood, Robert) (Entered: September 25, 2006)
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| September 29, 2006 |
32
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REPLY, filed by Plaintiff United States of America, TO RESPONSE to 17
MOTION for Summary Judgment (Attachments: # 1 Exhibit 24# 2 Exhibit 25# 3 Exhibit 26)(Hash, Lauren) (Entered: September 29, 2006)
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| September 29, 2006 |
33
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REPLY, filed by Defendant Impulse Media Group Inc, TO RESPONSE to 23
MOTION for Summary Judgment (Apgood, Robert) (Entered: September 29, 2006)
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| October 16, 2006 |
34
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Joint MOTION for Extension of Time on Pretrial Order Deadlines by Plaintiff United States of America. Noting Date 10/16/2006. (Attachments: # 1 Proposed Order)(Hash, Lauren) (Entered: October 16, 2006)
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| October 18, 2006 |
35
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ORDER granting 34 Joint Motion for Extension of Pretrial Order Deadlines
by Judge Robert S. Lasnik.(LT, ) (Entered: October 19, 2006)
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| January 23, 2007 |
36
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NOTICE by Plaintiff United States of America of filings in United States v. Cyberheat. (Attachments: # 1 Exhibit 1 Order for additional briefing on Summary Judgment Motions# 2 Exhibit 2 Submission Regarding Proposed Order for Permanent Injunction by
United States# 3 Exhibit 3 Proposed Order for Permanent Injunction by
United States# 4 Exhibit 4 Memorandum in Response to Plaintiff?s Proposed
Injunctive Relief by Defendant Cyberheat# 5 Exhibit 5 Reply in Support of
Proposed Injunctive Relief by United States# 6 Exhibit 6 Revised Proposed
Order for Permanent Injunction by United States)(Hash, Lauren) (Entered: January 23, 2007)
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| March 5, 2007 |
37
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NOTICE of Filing in a Related Proceeding ; filed by Plaintiff United States of America. (Attachments: # 1 Exhibit 1)(Hash, Lauren) (Entered: March 5, 2007)
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| June 8, 2007 |
38
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ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT; denying 17 Motion for Summary
Judgment; denying 23 Motion for Summary Judgment by Judge Robert S.
Lasnik.(RS, ) (Entered: June 11, 2007)
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| June 14, 2007 |
39
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AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 5 Days. Jury Trial is set for 1/7/2008 at 09:00 AM before Hon Robert S. Lasnik, Settlement conference to be held
by 9/8/2007, 39.1 mediation to be completed by 10/8/2007, Motions in Limine due by 12/10/2007, Agreed Pretrial Order due by 12/26/2007, Trial briefs to be submitted by 1/2/2008, Proposed
voir dire/jury instructions due by 1/2/2008, by Judge Robert S. Lasnik. (TS, ) (Entered: June 19, 2007)
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| July 27, 2007 |
40
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NOTICE of Unavailability of counsel Robert S Apgood for Defendant Impulse Media Group Inc from 07/30/2007 to 08/10/2007. (Apgood, Robert) (Entered: July 27, 2007)
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| September 7, 2007 |
41
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Agreed MOTION for designation of a mediator by Plaintiff United States of America. (Attachments: # 1 Proposed Order)Noting Date 9/7/2007.(Hash, Lauren) (Entered: September 7, 2007)
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| September 7, 2007 |
42
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ORDER APPOINTING US MAGISTRATE JUDGE JAMES P. DONOHUE AS SETTLEMENT JUDGE; by Judge Robert S. Lasnik. cc: PV(RS, ) (Entered: September 18, 2007)
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| October 3, 2007 |
43
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Agreed MOTION to Amend 39 Minute Order Setting Trial Date and Related
Dates,,by Plaintiff United States of America. Noting Date 10/3/2007.(Steger, Jeffrey) (Entered: October 3, 2007)
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| October 5, 2007 |
44
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ORDER granting 43 Motion to Amend Order Setting Trial Date and Related
Dates by Judge Robert S. Lasnik.(RS, ) (Entered: October 9, 2007)
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| October 11, 2007 |
45
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MOTION for Relief Request Regarding Attendance at Court Ordered Settlement by Plaintiff United States of America. (Attachments: # 1 Proposed Order)Noting Date 10/22/2007.(Hash, Lauren) (Entered: October 11, 2007)
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| October 14, 2007 |
46
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THIS DOCUMENT WAS FILED IN ERROR. THE CORRECT RESPONSE WAS FILED AS DOCUMENT # 48. DISREGARD THIS FILING.RESPONSE, by Defendant Impulse Media Group Inc, to 45 MOTION for Relief Request Regarding Attendance at Court Ordered
Settlement. (Attachments: # 1 Proposed Order)(Apgood, Robert)
Modified on 10/15/2007 (VB, ). (Entered: October 14, 2007)
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| October 14, 2007 |
47
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DECLARATION of Robert S. Apgood filed by Defendant Impulse Media Group Inc re 45 MOTION for Relief Request Regarding Attendance at Court Ordered
Settlement (Attachments: # 1 Exhibit A - EMail request by Plaintiff
for Defendant to agree to filing of Plaintiff's Request Regarding Attendance unopposed# 2 Exhibit B - Proposed Order Plaintiff provided when seeking Defendant's
agreement to allow to be filed unopposed# 3 Exhibit C - EMail messages
between counsel clarifying terms in proposed motion# 4 Exhibit D - EMail
from Defendant's counsel to Plaintiff's counsel declining to agree to filing of motion as unopposed)(Apgood, Robert) (Entered: October 14, 2007)
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| October 14, 2007 |
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NOTICE of Docket Text Modification re 46 Response to Motion, : THIS
DOCUMENT WAS FILED IN ERROR. THE CORRECT RESPONSE WAS FILED AS DOCUMENT # 48. DISREGARD THIS FILING. (VB, ) (Entered: October 15, 2007)
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| October 15, 2007 |
48
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RESPONSE, by Defendant Impulse Media Group Inc, to 45 MOTION for Relief
Request Regarding Attendance at Court Ordered Settlement. (Attachments: # 1 Proposed Order)(Apgood, Robert) (Entered: October 15, 2007)
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| October 18, 2007 |
49
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REPLY, filed by Plaintiff United States of America, TO RESPONSE to 45
MOTION for Relief Request Regarding Attendance at Court Ordered Settlement (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Hash, Lauren) (Entered: October 18, 2007)
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| October 22, 2007 |
50
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ORDER granting 45 Motion by FTC that they be excused from LR 39.1
requirement by Judge James P. Donohue.(RS, ) (Entered: October 23, 2007)
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| November 14, 2007 |
51
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MINUTE ENTRY for proceedings held before Judge James P. Donohue - Settlement Conference held on 11/14/2007. Court and counsel continue discussions from 10/25/07. (PV, ) (Entered:
11/14/2007)
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