DUCKWORTH v. YELLOW SOCIAL INTERACTIVE, LTD
| Tennessee Eastern District Court | |
| Judge: | Curtis L Collier |
| Referred: | Susan K Lee |
| Case #: | 4:23-cv-00058 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Dec 13, 2023 |
| Terminated: | Sep 26, 2024 |
| Last checked: Tuesday Jun 11, 2024 5:17 AM EDT |
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Defendant
Yellow Social Interactive, Ltd
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Represented By
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Plaintiff
Sandra Tucker Duckworth
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Represented By
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GPO
Sep 26 2024
MEMORANDUM. Signed by District Judge Curtis L Collier on September 26, 2024. (SAC) |
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GPO
Oct 24 2024
MEMORANDUM: Before the Court are unopposed motions filed by Defendants in six related cases to stay the Court's orders to remand the actions to the Circuit Court for Coffee County, Tennessee (the "State Court") until the Court of Appeals for the Sixth Circuit fully disposes of the petitions to appeal. (Case No. 4:23-cv-55, Doc. 39; Case No. 4:23-cv-58, Doc. 45; Case No. 4:23-cv-60, Doc.48; Case No. 4:23-cv-61, Doc. 39; Case No. 4:23-cv-62, Doc. 45; Case No. 4:24-cv-7, Doc. 45.). Accordingly, the Court will GRANT Defendants' motions (Case No. 4:23-cv-55, Doc. 39; Case No. 4:23-cv-58, Doc. 45; Case No. 4:23-cv-60, Doc. 48; Case No. 4:23-cv-61, Doc. 39; Case No. 4:23-cv-62, Doc. 45; Case No. 4:24-cv-7, Doc. 45) and STAY the orders to remand the actions to the State Court (Case No. 4:23-cv-55, Doc. 37; Case No. 4:23-cv-58, Doc. 42; Case No. 4:23-cv-60, Doc. 45; Case No. 4:23-cv-61, Doc. 37; Case No. 4:23-cv-62, Doc. 43; Case No. 4:24-cv-7, Doc. 43) until the Court of Appeals for the Sixth Circuit fully disposes of the petitions to appeal. See Memorandum for details. Signed by District Judge Curtis L Collier on 10/24/2024. (Copy of Memorandum mailed to Coffee County Circuit Court Clerk). (LCK) |
| Docket last updated: 9 hours ago |
| Thursday, October 24, 2024 | ||
| 48 | 48
6
pgs
order
Memorandum & Opinion
Thu 10/24 11:05 AM
MEMORANDUM: Before the Court are unopposed motions filed by Defendants in six related cases to stay the Court's orders to remand the actions to the Circuit Court for Coffee County, Tennessee (the "State Court") until the Court of Appeals for the Sixth Circuit fully disposes of the petitions to appeal. (Case No. 4:23-cv-55, Doc. 39; Case No. 4:23-cv-58, Doc. 45; Case No. 4:23-cv-60, Doc.48; Case No. 4:23-cv-61, Doc. 39; Case No. 4:23-cv-62, Doc. 45; Case No. 4:24-cv-7, Doc. 45.). Accordingly, the Court will GRANT Defendants' motions (Case No. 4:23-cv-55, Doc. 39; Case No. 4:23-cv-58, Doc. 45; Case No. 4:23-cv-60, Doc. 48; Case No. 4:23-cv-61, Doc. 39; Case No. 4:23-cv-62, Doc. 45; Case No. 4:24-cv-7, Doc. 45) and STAY the orders to remand the actions to the State Court (Case No. 4:23-cv-55, Doc. 37; Case No. 4:23-cv-58, Doc. 42; Case No. 4:23-cv-60, Doc. 45; Case No. 4:23-cv-61, Doc. 37; Case No. 4:23-cv-62, Doc. 43; Case No. 4:24-cv-7, Doc. 43) until the Court of Appeals for the Sixth Circuit fully disposes of the petitions to appeal. See Memorandum for details. Signed by District Judge Curtis L Collier on 10/24/2024. (Copy of Memorandum mailed to Coffee County Circuit Court Clerk). (LCK) |
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| Wednesday, October 23, 2024 | ||
| 47 | 47
2
pgs
order
Order on Motion to Stay
Wed 10/23 4:51 PM
ORDER granting 45 Motion to Stay. The Courts order to remand the case to State Court (Doc. 42) is STAYED until the earlier of the following occurs: (1) the Court of Appeals denies Defendants Petition to Appeal, or (2) the Court of Appeals rules on the merits of the appeal. Signed by District Judge Curtis L Collier on 10/23/2024. (MKM) |
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| Tuesday, October 22, 2024 | ||
| 46 | 46
misc
Mail Returned
Tue 10/22 10:18 AM
MAIL RETURNED as Undeliverable. Envelope 1 of 2 sent to Coffee County Circuit Court re (38 in 4:23-cv-00055-CLC-SKL) Letter, (57 in 4:23-cv-00056-CLC-SKL) Letter, (43 in 4:23-cv-00058-CLC-SKL) Letter, (46 in 4:23-cv-00060-CLC-SKL) Letter. Re-mailed to the Coffee County Circuit Court Clerk, PO Box 629, Manchester, TN 37349 on 10/21/2024. (ABF) |
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| Monday, October 14, 2024 | ||
| 45 | 45
motion
Stay
Mon 10/14 3:57 PM
Unopposed MOTION to Stay Pending Appeal by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| Thursday, September 26, 2024 | ||
| 44 | 44
20
pgs
order
Memorandum & Opinion
Fri 09/27 10:49 AM
MEMORANDUM. Signed by District Judge Curtis L Collier on September 26, 2024. (SAC) |
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| 43 | 43
misc
Letter
Thu 09/26 4:13 PM
Remand Letter mailed to the Circuit Court for Coffee County, Tennessee with certified copy of Judgment Order and docket sheet. (MKM) |
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| 42 | 42
2
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Remand to State Court
Thu 09/26 4:05 PM
JUDGMENT ORDER denying 32 Motion for Consolidated Oral Argument; granting 22 Motion to Remand to State Court. Signed by District Judge Curtis L Collier on 9/26/2024. (MKM) |
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| Monday, June 17, 2024 | ||
| 41 | 41
respoth
Response (non-motion)
Mon 06/17 7:25 PM
RESPONSE re40 Notice (Other) filed by Sandra Tucker Duckworth to Plaintiff's Notice of Supplemental Authority .(Dorner, Drew) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7
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| Monday, June 10, 2024 | ||
| 40 | 40
notice
Notice (Other)
Mon 06/10 1:30 PM
NOTICE by Sandra Tucker Duckworth of Supplemental Authority(Ware, Dargan) |
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Att: 1
Exhibit A. Franklin County Huuuge Order,
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Att: 2
Exhibit B. Franklin County SpinX Order,
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Att: 3
Exhibit C. Franklin County Zynga Order
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| Friday, March 29, 2024 | ||
| 39 | 39
respm
Reply to Response to Motion
Fri 03/29 9:55 PM
REPLY to Response to Motion re24 MOTION to Compel /Defendant's Motion to Compel Arbitration [Yellow Social Interactive's Reply in support of Motion to Compel Arbitration] filed by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| 38 | 38
respm
Reply to Response to Motion
Fri 03/29 9:53 PM
REPLY to Response to Motion re23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction [Yellow Social Interactive Reply in support of its Motion to Dismiss] filed by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| Friday, March 01, 2024 | ||
| 37 | 37
respm
Response in Opposition to Motion
Fri 03/01 3:22 PM
RESPONSE in Opposition re23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction filed by Sandra Tucker Duckworth.(Ware, Dargan) |
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Att: 1
Exhibit A. Huuuge Terms of Service,
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Att: 2
Exhibit B. Product Madness Terms of Service,
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Att: 3
Exhibit C. Pulse Terms of Service
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| 36 | 36
respm
Response in Opposition to Motion
Fri 03/01 2:46 PM
RESPONSE in Opposition re24 MOTION to Compel /Defendant's Motion to Compel Arbitration filed by Sandra Tucker Duckworth.(Ware, Dargan) |
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Att: 1
Exhibit A. Declaration of Sandra Tucker Duckworth
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| Tuesday, February 20, 2024 | ||
| 35 | 35
notice
Notice of Attorney Withdrawal
Tue 02/20 11:19 AM
Notice of Attorney Withdrawal Attorney John E. Norris terminated. (Ware, Dargan) |
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| Friday, February 16, 2024 | ||
| 34 | 34
respm
Reply to Response to Motion
Fri 02/16 1:56 PM
REPLY to Response to Motion re22 MOTION to Remand to State Court of Coffee County, Tennessee filed by Sandra Tucker Duckworth. (Ware, Dargan) |
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| Wednesday, February 14, 2024 | ||
| 33 | 33
notice
Notice of Appearance
Wed 02/14 1:07 PM
NOTICE of Appearance by Drew T Dorner on behalf of Yellow Social Interactive, Ltd (Dorner, Drew) |
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| Friday, February 09, 2024 | ||
| 32 | 32
motion
Miscellaneous Relief
Fri 02/09 8:26 PM
MOTION for consolidated oral argument re22 MOTION to Remand to State Court of Coffee County, Tennessee by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| 31 | 31
respm
Response in Opposition to Motion
Fri 02/09 8:17 PM
RESPONSE in Opposition re22 MOTION to Remand to State Court of Coffee County, Tennessee filed by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| Thursday, February 01, 2024 | ||
| 30 | 30
4
pgs
order
Order
Thu 02/01 4:53 PM
ORDER: For good cause shown, the parties' motions (Case No. 4:23-cv-55, Doc. 23; Case No. 4:23-cv-57, Doc. No. 27; Case No. 4:23-cv-58, Doc. No. 25; 4:23-cv-60, Doc. No. 29; Case No. 4:23-cv-61, Doc. No. 22; Case No. 4:23-cv-62; Doc. No. 23) are GRANTED. The parties' briefing schedule shall be as follows: 1. Defendants deadline to file its opposition to Plaintiff's motion to remand SHALL BE February 9, 2024; 2. Plaintiff's deadline to file a reply in support of Plaintiff's motion to remand SHALL BE February 16, 2024; 3. Plaintiff's deadline to file oppositions to Defendant's motion to compel arbitration and motion to dismiss SHALL BE March 1, 2024; 4. Defendant's deadline to file a reply in support of Defendant's motion to compel arbitration and motion to dismiss SHALL BE March 29, 2024. Should the parties require relief from the Briefing Schedule above, the parties SHALL FILE a motion with the Court at the appropriate time. The Clerk of Court is INSTRUCTED to docket this Order in each of the above-captioned cases. Signed by District Judge Curtis L Collier on 2/1/2024. (BJL) Modified on 2/1/2024 (BJL) |
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| 29 | 29
notice
Notice of Consent/Nonconsent
Thu 02/01 10:30 AM
NOTICE OF NONCONSENT to Magistrate Judge by Yellow Social Interactive, Ltd (Kinard, Nathan) |
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| Wednesday, January 31, 2024 | ||
| 28 | 28
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Wed 01/31 1:53 PM
ORDER re: Show Cause re: Attorney Admission for John Norris. Court will grant additional time, file no later than 2/20/2024 .Signed by Magistrate Judge Susan K Lee on January 31, 2024. (SAC) |
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| Monday, January 29, 2024 | ||
| 27 | 27
misc
Response to Order to Show Cause
Mon 01/29 4:09 PM
RESPONSE TO ORDER TO SHOW CAUSE by Sandra Tucker Duckworth. (Ware, Dargan) |
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| 26 | 26
notice
Notice of Attorney Withdrawal
Mon 01/29 4:06 PM
Notice of Attorney Withdrawal Attorney Wesley W. Barnett and D. Frank Davis terminated. (Ware, Dargan) |
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| Friday, January 26, 2024 | ||
| 25 | 25
motion
Extension of Time to File Response/Reply
Fri 01/26 5:54 PM
MOTION for Extension of Time to File Response/Reply as to23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction ,22 MOTION to Remand to State Court of Coffee County, Tennessee ,24 MOTION to Compel /Defendant's Motion to Compel Arbitration by Yellow Social Interactive, Ltd.(Kinard, Nathan) |
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Att: 1
Exhibit Proposed Order
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| Monday, January 22, 2024 | ||
| 24 | 24
motion
Compel
Mon 01/22 9:49 PM
MOTION to Compel /Defendant's Motion to Compel Arbitration by Yellow Social Interactive, Ltd.(Gantz, William) |
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Att: 1
Affidavit Declaration of Paul Foster ISO Yellow Social Interactive Ltd.'s Motion to Compel Arbitration
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| 23 | 23
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Mon 01/22 8:47 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and , MOTION to Dismiss for Lack of Jurisdiction by Yellow Social Interactive, Ltd. (Gantz, William) |
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| Friday, January 12, 2024 | ||
| 22 | 22
motion
Remand to State Court
Fri 01/12 4:43 PM
MOTION to Remand to State Court of Coffee County, Tennessee by Sandra Tucker Duckworth. (Ware, Dargan) |
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| Monday, January 08, 2024 | ||
| 21 | 21
2
pgs
order
Order to Show Cause
Mon 01/08 4:37 PM
Duplicate see18 ORDER TO SHOW CAUSE. Show Cause Response due by 1/31/2024 . Signed by Magistrate Judge Susan K Lee on 1/8/24. Order mailed to Barnett, Norris and Davis. Order mailed to Moon at 420 North 20th Street, Suite 2200, Birmingham, AL 35203.(DCB) Modified on 1/8/2024 (DCB) |
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| 20 | 20
2
pgs
order
Order to Show Cause
Mon 01/08 4:14 PM
ORDER TO SHOW CAUSE. Show Cause Response due by 1/31/2024 .Signed by Magistrate Judge Susan K Lee on 1/8/24. This Order serviced via US Mail to D Frank Davis.(KFB) |
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| 19 | 19
2
pgs
order
Order to Show Cause
Mon 01/08 4:11 PM
ORDER TO SHOW CAUSE. Show Cause Response due by 1/31/2024 .Signed by Magistrate Judge Susan K Lee on 1/8/24. Serviced via US Mail to John E Norris.(KFB) |
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| 18 | 18
2
pgs
order
Order to Show Cause
Mon 01/08 4:09 PM
ORDER TO SHOW CAUSE. Show Cause Response due by 1/31/2024 .Signed by Magistrate Judge Susan K Lee on 1/8/24. Serviced via US Mail to Wesley W Barnett.(KFB) |
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| Thursday, January 04, 2024 | ||
| 17 | 17
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 01/04 5:12 PM
ORDER granting 16 Motion for Leave to Appear Pro Hac Vice by Attorney Jeffrey L. Bowling on behalf of Plaintiff Sandra Tucker Duckworth. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Susan K. Lee on 01/04/2024. (KRS) |
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| Wednesday, January 03, 2024 | ||
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misc
Clerk's Verification of PHV Requirements
Wed 01/03 9:34 AM
Clerk's Verification of PHV Requirements is complete regarding document: 16 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Sandra Tucker Duckworth . (KFB) |
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| Tuesday, January 02, 2024 | ||
| 16 | 16
motion
Appear Pro Hac Vice
Tue 01/02 3:30 PM
MOTION for Leave to Appear Pro Hac Vice as to attorney Jeffrey L Bowling (Filing fee $ 90.) by Sandra Tucker Duckworth.(KFB) |
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Att: 1
Receipt
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| 15 | 15
order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 01/02 3:24 PM
ORDER granting 13 Motion for Leave to Appear Pro Hac Vice by Attorney Dargan M. Ware on behalf of Plaintiff Sandra Tucker Duckworth. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Susan K. Lee on 01/02/2024. (KRS) |
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| Thursday, December 28, 2023 | ||
| 14 | 14
3
pgs
order
Order Reassigning Case
Thu 12/28 3:19 PM
ORDER REASSIGNING CASES. Magistrate Judge Christopher H Steger; District Judge Thomas A Varlan; District Judge Katherine A Crytzer and District Judge J Ronnie Greer no longer assigned to cases. Case reassigned to District Judge Curtis L Collier and Magistrate Judge Susan K Lee for all further proceedings. Signed by District Judge Travis R McDonough on December 28, 2023. (SAC) Modified on 12/28/2023, Order mailed to Davis, Ware, Bowling, Norris, Moon and Barnett (SAC) |
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| Wednesday, December 27, 2023 | ||
| 13 | 13
motion
Appear Pro Hac Vice
Wed 12/27 3:19 PM
MOTION for Leave for Attorney Dargan Ware to Appear Pro Hac Vice (Filing fee $ 90 paid, receipt attached) by Sandra Tucker Duckworth (AML) |
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misc
Clerk's Verification of PHV Requirements
Wed 12/27 3:20 PM
Clerk's Verification of PHV Requirements is complete regarding document: 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Sandra Tucker Duckworth (AML) |
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| Thursday, December 21, 2023 | ||
| 12 | 12
order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 12/21 1:16 PM
ORDER granting 9 Motion for Leave to Appear Pro Hac Vice by Attorney William M. Gantz on behalf of Defendant Yellow Social Interactive, Ltd. This entry constitutes the complete Order of the Court. There is no document attached to this entry. You MUST register as an E-Filer here: [LINK:https://pacer.psc.uscourts.gov/pscof/regWizard.jsf] . Signed by Magistrate Judge Susan K. Lee on 12/21/2023. (KRS) |
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| 11 | 11
2
pgs
order
Order on Motion for Extension of Time to Answer
Thu 12/21 10:04 AM
ORDER denying 8 Motion for Extension of Time to Answer re 8 Unopposed MOTION for Extension of Time to File Answer to Complaint (Doc. 1-1) YSI SHALL respond to Plaintiffscomplaint on or before JANUARY 22, 2024. If counsel for Defendant removes additional casesto this Court or if Plaintiffs counsel files similar claims in this Court, they SHALL mark suchclaims as related to the earliest filed case, 4:23-cv-055-CLC-SKL. Signed by Magistrate Judge Susan K Lee on December 21, 2023. (SAC) Modified on 12/21/2023, Order mailed to D. Frank Davis, Dargan Ware,John Norris, Wesley Barnett Davis & Norris, LLP 2154 Highland Avenue, #4002 Birmingham, AL 35205 ,William M Gantz Duane Morris LLP (MA) 100 High Street Suite 2400 Boston, MA 02110 and William M Gantz Duane Morris LLP (MA) 100 High Street Suite 2400 Boston, MA 02110 (SAC) |
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misc
Clerk's Verification of PHV Requirements
Thu 12/21 9:16 AM
Clerk's Verification of PHV Requirements is complete regarding document: 9 MOTION for Leave to Appear Pro Hac Vice William M. Gantz ( Filing fee $ 90 receipt number ATNEDC-5550108.) filed by Yellow Social Interactive, Ltd (CNC) |
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| Wednesday, December 20, 2023 | ||
| 10 | 10
2
pgs
order
Order
Wed 12/20 2:20 PM
ORDER RELATING CASES.Signed by Magistrate Judge Susan K Lee on December 20, 2023. (SAC) Order sent to Chief Judge. Modified on 12/20/2023, Order mailed to D. Frank Davis, Dargan Ware, John Norris and Wesley Barnett with Davis and Norris and Attorney Bowling, Attorney Richter and Moon. (SAC) |
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| 9 | 9
motion
Appear Pro Hac Vice
Wed 12/20 11:21 AM
MOTION for Leave to Appear Pro Hac Vice William M. Gantz ( Filing fee $ 90 receipt number ATNEDC-5550108.) by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| Tuesday, December 19, 2023 | ||
| 8 | 8
motion
Extension of Time to File Answer
Tue 12/19 3:12 PM
Unopposed MOTION for Extension of Time to File Answer to Complaint (Doc. 1-1) by Yellow Social Interactive, Ltd. (Kinard, Nathan) |
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| Thursday, December 14, 2023 | ||
| 7 | 7
notice
Notice of Deficiency (Pro Hac)
Thu 12/14 4:46 PM
NOTICE of Deficiency (Pro Hac). Attorneys are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Copy of Order mailed to Attorneys Davis, Ware, Bowling, Norris, and Barnett) (CAT) |
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| 6 | 6
1
pgs
order
Order Governing Motions To Dismiss
Thu 12/14 4:42 PM
Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 12/14/2023. (Copy of Order mailed to Attorneys Davis, Ware, Bowling, Norris, and Barnett) (CAT) |
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| 5 | 5
1
pgs
order
Order Governing Depositions
Thu 12/14 4:38 PM
Order Governing Depositions. Signed by District Judge Thomas A Varlan on 12/14/2023. (Copy of Order mailed to Attorneys Davis, Ware, Bowling, Norris, and Barnett) (CAT) |
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| 4 | 4
3
pgs
order
Order Governing Sealing Confidential Information
Thu 12/14 4:36 PM
Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 12/14/2023. (Copy of Order mailed to Attorneys Davis, Ware, Bowling, Norris, and Barnett) (CAT) |
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| 3 | 3
misc
Supplement
Thu 12/14 11:37 AM
SUPPLEMENT to1 Notice of Removal, Civil Case Cover Sheet by YELLOW SOCIAL INTERACTIVE, LTD. (Kinard, Nathan) |
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utility
Add and Terminate Judges
Thu 12/14 4:34 PM
District Judge Thomas A Varlan and Magistrate Judge Susan K Lee added. (CAT) |
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| Wednesday, December 13, 2023 | ||
| 2 | 2
misc
Certificate of Corporate Interest
Wed 12/13 5:24 PM
Certificate of Corporate Interest by YELLOW SOCIAL INTERACTIVE, LTD. (Kinard, Nathan) |
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| 1 | 1
cmp
Notice of Removal
Wed 12/13 5:20 PM
NOTICE OF REMOVAL from Coffee County Circuit, case number 2023-cv-49181. (Filing fee $ 405 receipt number ATNEDC-5545104), filed by YELLOW SOCIAL INTERACTIVE, LTD.(Kinard, Nathan) |
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Att: 1
Exhibit State Court Pleadings,
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Att: 2
Exhibit Declaration of Paul Foster
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