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GPO
Mar 03 2023
code 746-1053. A joint status report concerning the status of discovery and any settlement discussions is to be filed on April 3, 2023. (mk)MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/3/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendant's motion to dismiss 20 as to counts one, two, three, and five of the complaint but denies the motion as to count four. Defendant is directed to answer count four by no later than March 24, 2023. A telephonic status hearing is set for April 10, 2023 at 9:05 a.m., using call-in number 888-684-8852, access
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GPO
Jul 24 2023
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/24/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendant's motion to dismiss [dkt. no. 49] as to counts one, two, three, four, five, six, seven, nine, and ten of the complaint but denies the motion as to counts eight and eleven. Plaintiffs' motion for oral argument 57 is denied, because the Court determined that the briefs sufficiently addressed the relevant issues and that oral argument was not needed. Defendant is directed to answer the remaining claims by no later than August 14, 2023. A telephonic status hearing is set for August 23, 2023 at 8:50 a.m., using call-in number 888-684-8852, access code 746-1053. A joint status report concerning the status of discovery and any settlement discussions is to be filed on August 16, 2023. (mk)
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GPO
Dec 11 2023
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/11/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants plaintiffs' motion for leave to file a second amended complaint 67 in part. The Court will allow plaintiffs leave to amend with regard to counts one, four, and five of the proposed second amended complaint. Count one is the Wiretap Act claim that the Court has now found sufficient to state a claim for relief, and counts four and five are claims that survived a previous motion to dismiss. Plaintiffs are directed to file within two days a second amended complaint that includes these claims but omits proposed counts two and three. At the telephonic status hearing on December 12, the Court will discuss setting a briefing schedule on defendant's motion to dismiss for lack of standing 74. (mk)
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