Virginia Eastern District Court, Case No. 1:04-cv-00260-TSE-TRJ:
America Online, Inc. v. John Does 1-40, et al

Tags No tags have been applied so far. Sign in to add some.
America Online, Inc., Plaintiff

Jon Linden Praed
Internet Law Group
Phone: +1 703 243 8100
E-Mail: jon.praed@i-lawgroup.com

Abid Riaz Qureshi
Latham & Watkins LLP
Phone: +1 202 637 2240
Fax: +1 202 637 2201
E-Mail: abid.qureshi@lw.com

v.
No Logo Alicia Colella, Defendant

No attorney information is available for this party.

No Logo GW Consulting, LLC, Defendant

No attorney information is available for this party.

No Logo Richard Hicks, Defendant

No attorney information is available for this party.

The law is complex. Simplify it with PlainSite Pro.
Citations, analytics, filtering, commenting, judge profiles, and more—as low as $99 per month.
Office Alexandria
Filed 3/9/2004
Jury Demand None
Demand $0
Nature of Suit 890 - Other Statutory Actions
Cause Section 15 U.S.C. § 7701 Federal CAN-Spam Act
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County Fairfax
Terminated 10/25/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
 -- Filed: 3/9/2004, Entered: 3/11/2004 Docket Annotation
No service issued. Defts are John Doe parties (pmil)
 1 Filed: 3/9/2004, Entered: 3/11/2004 Complaint
COMPLAINT Filing Fee $ 150.00 Receipt # 100 170612 (pmil)
 2 Filed: 3/12/2004, Entered: 3/15/2004, Terminated: 3/19/2004 Motion for Miscellaneous Relief
MOTION by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants (clar)
 3 Filed: 3/12/2004, Entered: 3/15/2004 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 3/19/04 for [2-1] motion by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants (clar)
 -- Filed: 3/16/2004, Entered: 3/16/2004 Set/Reset Deadlines
Deadline updated; Motion Hearing Deadline before Mag Judge Liam O'Grady set for 10:00 3/19/04 for [2-1] motion by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants (clar)
 -- Filed: 3/19/2004, Entered: 3/19/2004 Minutes - Miscellaneous
Minute entry: Judge O'Grady. Reporter; Casamo and Assoc. Appearances; of counsel for Pltf. Matter came on as Pltfs' motion for limited authority to conduct discovery-Matter is UNCONTESTED. Motion is GRATNED. Order to follow. (nbla)
 4 Filed: 3/19/2004, Entered: 3/22/2004 Order Court Filing
For the reasons stated from thench, and in accord with specific rulings thereto, it is ORDERED- ORDER granting [2-1] motion by America Online, Inc. for limited authority to conduct discovery necessary to identify and serve defendants. Plaintiff shall conclude these discovery efforts and serve any identified Defendants by June 18, 2004. ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 3/22/04] (nbla)
 5 Filed: 3/24/2004, Entered: 3/25/2004 Order Court Filing
ORDER for Jennifer Carroll Archie to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 170963 ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 3/25/04] (pmil)
 6 Filed: 6/18/2004, Entered: 6/21/2004, Terminated: 6/23/2004 Motion for Extension
MOTION by America Online, Inc. for an extension of time to identify and serve John Doe defts (clar)
 7 Filed: 6/18/2004, Entered: 6/21/2004 Memorandum in Support
MEMORANDUM by America Online, Inc. in support of [6-1] motion by America Online, Inc. for an extension of time to identify and serve John Doe defts (clar)
 8 Filed: 6/18/2004, Entered: 6/21/2004 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 6/25/04 for [6-1] motion by America Online, Inc. for an extension of time to identify and serve John Doe defts (clar)
 -- Filed: 6/22/2004, Entered: 6/22/2004 Set/Reset Deadlines
Deadline updated; Motion Hearing Deadline before Mag Judge Liam O'Grady set for 10:00 6/25/04 for [6-1] motion by America Online, Inc. for an extension of time to identify and serve John Doe defts (clar)
 -- Filed: 6/23/2004, Entered: 6/23/2004 Docket Annotation
Per LO chambers motions set for 6/25/04 on papers (clar)
 9 Filed: 6/23/2004, Entered: 6/24/2004 Order Court Filing
ORDER granting [6-1] motion by America Online, Inc. for an extension of time until 09-18-2004 to identify and serve the John Doe defts ( signed by Mag Judge Liam O'Grady ) Copies Mailed: y [EOD Date: 6/24/04] (pmet)
 10 Filed: 9/17/2004, Entered: 9/17/2004, Terminated: 9/24/2004 Motion for Extension
MOTION by America Online, Inc. to Extend Time to identify and serve John Doe defendants (pmet)
 11 Filed: 9/17/2004, Entered: 9/17/2004 Memorandum in Support
MEMORANDUM by America Online, Inc. in support of [10-1] motion to Extend Time to identify and serve John Doe defendants (pmet)
 12 Filed: 9/17/2004, Entered: 9/17/2004 Notice of Hearing
NOTICE of Hearing: for 09-21-2004 at 10:00am (told Atty. to notice for Friday) (pmet)
 13 Filed: 9/17/2004, Entered: 9/20/2004 Notice of Hearing Court Filing
Amended NOTICE of Hearing: Motion Hearing Deadline before Judge Unassigned set for 10:00 9/24/04 for [10-1] motion by America Online, Inc. to Extend Time to identify and serve John Doe defendants (clar)
 -- Filed: 9/21/2004, Entered: 9/21/2004 Set/Reset Deadlines
Deadline updated; Motion Hearing Deadline before Mag Judge Barry R. Poretz set for 10:00 9/24/04 for [10-1] motion by America Online, Inc. to Extend Time to identify and serve John Doe defendants (clar)
 -- Filed: 9/23/2004, Entered: 9/23/2004 Docket Annotation
Per BRP Chambers motions set for 09/24/04 are on papers (stas)
 14 Filed: 9/24/2004, Entered: 9/24/2004 Order Court Filing
ORDER granting [10-1] motion by America Online, Inc. to Extend Time to identify and serve John Doe defendants until 11-19-2004. ( signed by Mag Judge Barry R. Poretz ) Copies Mailed: y [EOD Date: 9/24/04] (pmet)
 -- Filed: 10/18/2004, Entered: 10/18/2004 Miscellaneous Document
CASE REFERRED to Mag Judge Thomas R. Jones Jr. (kbar)
 15 Filed: 10/18/2004, Entered: 10/19/2004 Order Court Filing
ORDER, for Soyini Abena Glasgow to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 175837 ( signed by Judge T. S. Ellis III ) Copies Mailed: y [EOD Date: 10/19/04] (pmet)
 -- Filed: 11/19/2004, Entered: 11/22/2004 Summons Issued
SUMMONS(ES) issued and given to Atty. for service by SPS for Richard Hicks, Alicia Colella, GW Consulting, LLC, Amy Devoe(pmet) Modified on 11/22/2004
 16 Filed: 11/19/2004, Entered: 11/22/2004 Amended Complaint
AMENDED COMPLAINT by America Online, Inc. against Richard Hicks, Alicia Colella, GW Consulting, LLC, Amy Devoe, John Does 5-40; amending [1-1] complaint (pmet)
 17 Filed: 12/3/2004, Entered: 12/6/2004 Summons Returned Executed
SUMMONS Returned Executed as to GW Consulting, LLC 11/22/04 Answer due on 12/13/04 for GW Consulting, LLC (pmet)
 18 Filed: 12/3/2004, Entered: 12/6/2004 Summons Returned Executed
SUMMONS Returned Executed as to Alicia Colella 11/22/04 Answer due on 12/13/04 for Alicia Colella (pmet)
 19 Filed: 12/3/2004, Entered: 12/6/2004 Summons Returned Executed
SUMMONS Returned Executed as to Amy Devoe 11/23/04 Answer due on 12/13/04 for Amy Devoe (pmet)
 20 Filed: 12/3/2004, Entered: 12/6/2004 Summons Returned Executed
SUMMONS Returned Executed as to Richard Hicks 11/23/04 Answer due on 12/13/04 for Richard Hicks (pmet)
 21 Filed: 12/13/2004, Entered: 12/14/2004 Financial Disclosure Statement
Financial Interest Disclosure Statement (Local Rule 7.1) by GW Consulting, LLC (pmet)
 22 Filed: 12/13/2004, Entered: 12/14/2004 Motion for More Definite Statement
MOTION by Richard Hicks for More Definite Statement or in tha alternative, to Dismiss (pmet)
 24 Filed: 12/13/2004, Entered: 12/14/2004 Motion for More Definite Statement
MOTION by GW Consulting, LLC for More Definite Statement or in the alternative, to Dismiss (pmet)
 23 Filed: 12/14/2004, Entered: 12/14/2004, Terminated: 5/24/2005 Motion for More Definite Statement
MOTION by Alicia Colella for More Definite Statement or in the alternative, to Dismiss (pmet)
 25 Filed: 12/14/2004, Entered: 12/14/2004, Terminated: 12/15/2004 Motion for Extension
MOTION by Amy Devoe to Extend Time to answer (pmet)
 -- Filed: 12/15/2004, Entered: 12/17/2004 Set/Reset Deadlines
Deadline updated; reset Initial Pretrial Conference for 10:00 1/5/05 before Mag Judge Thomas R. Jones Jr. (clar)
 26 Filed: 12/15/2004, Entered: 12/16/2004 Order Court Filing
ORDER granting [25-1] motion by Amy Devoe to Extend Time to answer, reset Answer deadline to 1/21/05 for Amy Devoe ( signed by Mag Judge Thomas R. Jones Jr. ) Copies Mailed: y [EOD Date: 12/16/04] (pmet)
 27 Filed: 12/15/2004, Entered: 12/17/2004 Order Court Filing
ORDER setting Initial Pretrial Conference for 10:00 1/5/05 Discovery Deadline for 4/15/05 Final Pretrial Conference for 11:00 4/21/05 (see order for details) ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clar)
 28 Filed: 12/23/2004, Entered: 12/27/2004 Motion for Miscellaneous Relief
MOTION by America Online, Inc. to Set AOL's Deadline to Oppose Motions to Dismiss for January 3, 2005 (stas)
 29 Filed: 12/23/2004, Entered: 12/27/2004 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Judge T. S. Ellis III set for 10:00 12/30/04 for [28-1] motion by America Online, Inc. to Set AOL's Deadline to Oppose Motions to Dismiss for January 3, 2005 (stas)
 -- Filed: 12/28/2004, Entered: 12/28/2004 Docket Annotation
Per TSE Chambers motion set for 12/30/04 is on papers (stas)
 30 Filed: 12/28/2004, Entered: 12/28/2004 Order Court Filing
ORDER that pltf shall have until 5:00pm 01-03-2005 to file its brief in opposition to defts' Motions to Dismiss. ORDERED that defts shall have until 5:00pm 01-10-2005 to file their reply brief. ORDERED that defts' Motion to Dismiss shall be decided on papers without further oral argement. ( signed by Judge T. S. Ellis III ) Copies Mailed: y [EOD Date: 12/28/04] (pmet)
 31 Filed: 1/3/2005, Entered: 1/3/2005 Discovery - Miscellaneous
Proposed Discovery Plan by America Online, Inc., Richard Hicks, Alicia Colella, GW Consulting, LLC, Amy Devoe (pmet)
 32 Filed: 1/3/2005, Entered: 1/3/2005 Memorandum in Opposition
MEMORANDUM by America Online, Inc. in opposition to [22-2] motion to Dismiss by Richard Hicks, [24-2] motion to Dismiss by GW Consulting, LLC, [23-2] motion to Dismiss by Alicia Colella (pmet)
 -- Filed: 1/5/2005, Entered: 1/5/2005 Pretrial Conference - Initial
Initial pretrial conference held MJ Jones. Appearance of counsel. Discovery plan approved. Order to be issued. (dana)
 33 Filed: 1/5/2005, Entered: 1/5/2005 Order Court Filing
Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: the R26(f) report filed by pltf is approved and shall control discovery to the extent of its application unless modified by this court (see order for details) ( signed by Mag Judge Thomas R. Jones Jr. ) Copies Mailed: y (dana)
 34 Filed: 1/24/2005, Entered: 1/24/2005 Answer to Amended Complaint
ANSWER by Amy Devoe to amended complaint (pmet)
 35 Filed: 2/11/2005, Entered: 2/11/2005, Terminated: 2/18/2005 Motion to Compel
MOTION by America Online, Inc. to Compel initial disclosures and telephone numbers (clar)
 36 Filed: 2/11/2005, Entered: 2/11/2005 Memorandum in Support
MEMORANDUM of law by America Online, Inc. in support of [35-1] motion by America Online, Inc. to Compel initial disclosures and telephone numbers (clar)
 37 Filed: 2/11/2005, Entered: 2/11/2005 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Thomas R. Jones Jr. set for 10:00 2/18/05 for [35-1] motion by America Online, Inc. to Compel initial disclosures and telephone numbers (clar)
 -- Filed: 2/17/2005, Entered: 2/17/2005 Set/Reset Deadlines
Deadline updated; Motion Hearing Deadline before Mag Judge Thomas R. Jones Jr. set for 11:00 2/18/05 for [35-1] motion by America Online, Inc. to Compel initial disclosures and telephone numbers (clar)
 -- Filed: 2/18/2005, Entered: 2/21/2005 Motion Hearing
Motion hearing held before MJ Jones. Appearance of counsel for pltf. Matter called, came on for pltf's. motion to compel - granted. Order to be entered. (dana)
 38 Filed: 2/18/2005, Entered: 2/18/2005 Discovery - Miscellaneous
Rule 26 Disclosures by Amy Devoe (pmet)
 39 Filed: 2/18/2005, Entered: 2/22/2005 Order Court Filing
ORDERED, for reasons stated from the bench, granting [35-1] motion by America Online, Inc. to Compel initial disclosures and telephone numbers. Defendants Hicks and Colella shall serve their intial disclosrurs on pltf's counsel w/in 11 days. Deft's Hicks, Colella and GW Consulting shall advise the court and pltf. of valid telephone #'s w/in 11 days. FAILURE TO COMPLY W/THIS ORDER MAY RESULT IN SANCTIONS INCLUDING DEFAULT JUDGMENT ( signed by Mag Judge Thomas R. Jones Jr. ) Copies Mailed: y [EOD Date: 2/22/05] (dana)
 40 Filed: 3/3/2005, Entered: 3/3/2005, Terminated: 3/14/2005 Miscellaneous Document
Letter MOTION by Richard Hicks to Extend Time to answer interagorities (pmet) Modified on 03/03/2005
 41 Filed: 3/3/2005, Entered: 3/3/2005, Terminated: 3/14/2005 Miscellaneous Document
Letter MOTION by Alicia Colella to Extend Time to answer interagorities (pmet)
 42 Filed: 3/9/2005, Entered: 3/9/2005 Response in Opposition to Motion
OPPOSITION by America Online, Inc. to [40-1] motion by Richard Hicks to Extend Time to answer interagorities and [41-1] motion by Alicia Colella to Extend Time to answer interagorities (kjon)
 43 Filed: 3/14/2005, Entered: 3/14/2005 Order Court Filing
ORDER denying [41-1] motion by Alicia Colella to Extend Time to answer interagorities, denying [40-1] motion by Richard Hicks to Extend Time to answer interagorities ( signed by Mag Judge Thomas R. Jones Jr. ) Copies Mailed: y [EOD Date: 3/14/05] (pmet)
 44 Filed: 3/29/2005, Entered: 3/30/2005 Motion for Sanctions
MOTION by America Online, Inc. for Terminating Sanctions (pmet)
 45 Filed: 3/29/2005, Entered: 3/30/2005 Memorandum in Support
MEMORANDUM of points and authorities by America Online, Inc. in support of its [44-1] motion for Terminating Sanctions (pmet)
 46 Filed: 3/29/2005, Entered: 3/30/2005 Notice of Hearing Court Filing
NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Thomas R. Jones Jr. set for 10:00 4/22/05 for [44-1] motion by America Online, Inc. for Terminating Sanctions (pmet)
 -- Filed: 4/21/2005, Entered: 4/21/2005 Pretrial Conference - Final
Pre-Trial Conference held before Judge Ellis (Rptr: McCoy). Appearances: John Praed for Pltff; Deft not present. Bench Trial set 10:00 5/3/05. Court stated it is not permissible to miss hearings, and only the Court can make such decisions. Telephone hearings are not conducted. Court will review any report submitted. (tbul)
 -- Filed: 4/21/2005, Entered: 4/21/2005 Bench Trial - Held
Bench trial set at 10:00 5/3/05 before Judge T. S. Ellis III (tbul)
 47 Filed: 4/21/2005, Entered: 4/21/2005 Witness List
America Online's Trial Exhibits and Witness list filed in open court by America Online, Inc. (tbul)
 48 Filed: 4/21/2005, Entered: 4/21/2005 Order Court Filing
ORDER, SCHEDULING a bench trial, if necessary, for 10:00 5/3/05; that Deft Devoe's letter request to appear at the final pretrial conf. by telephone is DENIED AS MOOT ( signed by Judge T. S. Ellis III ) Copies Mailed: epn [EOD Date: 4/21/05] (tbul)
 -- Filed: 4/22/2005, Entered: 4/28/2005 Motion Hearing
Motion hearing held before MJ Jones. Appearance of counsel for pltf. Matter called, and pltf's. motion for terminating sanctions heard, and court to enter order. (dana)
 49 Filed: 4/29/2005, Entered: 5/2/2005, Terminated: 5/3/2005 Motion to Dismiss
MOTION to Dismiss without prejudice John Does 5-40 by America Online, Inc.. (stas)
 50 Filed: 4/29/2005, Entered: 5/2/2005 Notice of Hearing on Motion
NOTICE of Hearing on [49] MOTION to Dismiss without prejudice John Does 5-40: Motion Hearing set for 5/6/2005 10:00 AM before Honorable District T. S. Ellis III. (notice is untimely; atty called - will re-ntc)(stas)
 -- Filed: 5/2/2005, Entered: 5/2/2005 Docket Annotation
Per counsel Jon Praed, case has settled in part (bench trial off). (karn, )
 51 Filed: 5/2/2005, Entered: 5/3/2005 Notice of Hearing on Motion Court Filing
AMENDED NOTICE of Hearing on [49] MOTION to Dismiss without Prejudice John Does 5-40: Motion Hearing set for 5/13/2005 10:00 AM before Honorable District Judge T. S. Ellis III. (stas)
 52 Filed: 5/3/2005, Entered: 5/3/2005, Terminated: 5/3/2005 Motion to Dismiss
MOTION to Dismiss John Does 5-40 Without Prejudice by America Online, Inc. (agil)
 53 Filed: 5/3/2005, Entered: 5/3/2005 Order on Motion to Dismiss Court Filing
ORDER granting [49] and [52] Motions to Dismiss John Does 5-40 without prejudice. Signed by Judge T. S. Ellis III on 05/03/05. c/s (pmet, )
 54 Filed: 5/4/2005, Entered: 5/4/2005, Terminated: 5/24/2005 Report and Recommendations Court Filing
REPORT AND RECOMMENDATIONS re [44] Motion for Sanctions filed by America Online, Inc., Objections to R&R due by 5/18/2005. Signed by Judge Thomas Rawles Jones Jr. on 05/04/05. c/s(pmet, )
 55 Filed: 5/5/2005, Entered: 5/6/2005 Judgment Court Filing
STIPULATED JUDGMENT AND ORDER FOR PERMANENT INJUNCTION that dft Amy Devoe, her employees, agents and servants are hereby permanently enjoined from directly or indirectly engaging in any of the following activities: (see order for details) Signed by Judge T. S. Ellis III on 5/5/05. (kjon, ) Copies mailed
 -- Filed: 5/11/2005, Entered: 5/11/2005 Motions No Longer Referred
Motions No Longer Referred: [23] Motion for More Definite StatementMotion to Dismiss, [22] Motion for More Definite StatementMotion to Dismiss, [24] Motion for More Definite StatementMotion to Dismiss (ltun, )
 56 Filed: 5/24/2005, Entered: 5/24/2005 Order Adopting Report and Recommendations Court Filing
ORDER ADOPTING [54] REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge for [44] Motion for Sanctions filed by America Online, Inc. ORDERED that default is ENTERED in favor of plaintiff and against defendants Richard Hicks, Alicia Colella and GW Consulting, LLC. It is further ORDERED that the matter is Referred back to the Magistrate Judge for a prompt ex parte hearing as to the remaining defendants. Signed by Judge T. S. Ellis III on 05/24/05. c/s(pmet, )
 57 Filed: 5/26/2005, Entered: 5/26/2005 Order Court Filing
ORDER setting an ex parte damages hearing on 6/28/2005 at 02:00 PM before Honorable Magistrate Thomas Rawles Jones Jr. as to Richard Hicks, Alicia Colella and GW Consulting LLC. Signed by Judge Thomas Rawles Jones Jr. on 5/26/05(kjon ) Copies mailed
 58 Filed: 6/24/2005, Entered: 6/27/2005 Memorandum
Memorandum in Support of its request for default damages, injunctive relief, and attorney's fees & costs, filed by America Online, Inc. (pmet, )
 -- Filed: 6/28/2005, Entered: 6/29/2005 Docket Call
Minute Entry for proceedings held before Judge Thomas Rawles Jones Jr.: Default hearing held on 6/28/2005. Appearance of counsel for pltf. Matter called, and court to enter a R&R. (Court Reporter FTR.) (dtro, )
 59 Filed: 8/15/2005, Entered: 8/15/2005 Memorandum
Memorandum In Support of Its Request for Default Damages, Injunctive Relief, and Attorneys' Fees and Costs filed by America Online, Inc. (pmil)
 60 Filed: 8/15/2005, Entered: 8/15/2005 Docket Annotation
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW in Support of AOL's Request for Default Damages and Injunctive Relief by America Online, Inc. (pmil)
 61 Filed: 9/30/2005, Entered: 10/3/2005 Report and Recommendations Court Filing
REPORT AND RECOMMENDATIONS re: damages, injunctive relief, and attorney's fees and cost. Objections to R&R due by 10/17/2005. Signed by Judge Thomas Rawles Jones Jr. on 09/30/05. (File sent to TSE)(kbar)
 62 Filed: 10/14/2005, Entered: 10/17/2005, Terminated: 10/21/2005 Motion for Leave to File
MOTION for Leave to File settlement amount under seal by America Online, Inc.. (clar, )
 63 Filed: 10/14/2005, Entered: 10/17/2005 Memorandum in Support
Memorandum in Support of [62] MOTION for Leave to File settlement amount under seal filed by America Online, Inc.. (clar, )
 64 Filed: 10/14/2005, Entered: 10/17/2005 Notice of Hearing on Motion Court Filing
NOTICE of Hearing on Motion [62] MOTION for Leave to File settlement amount under seal : Motion Hearing set for 10/21/2005 10:00 AM before District Judge T.S. Ellis (clar, )
 -- Filed: 10/17/2005, Entered: 10/17/2005 Set Motion and R&R Deadlines/Hearings
Reset Deadlines as to [62] MOTION for Leave to File settlement amount under seal Motion Hearing set for 10/21/2005 10:00 AM before Honorable District Judge T. S. Ellis III. (clar, )
 65 Filed: 10/17/2005, Entered: 10/17/2005 Response
Supplemental Submission in Response to [61] REPORT AND RECOMMENDATIONS re [16] Amended Complaint filed by America Online, Inc., filed by America Online, Inc. (together with Confidential Settlement Amount Under Seal). (kbar )
 -- Filed: 10/21/2005, Entered: 10/26/2005 Motion Hearing
Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing held on 10/21/2005 re: [62] MOTION for Leave to File filed by America Online, Inc. Appearances: Qureshi for Pltff; counsel (possible Hicks) for Deft. Heard, findings stated and denied, but Pltff may withdraw the pleading by Monday. (Court Reporter Susan Green of Rudiger.) (tbul, )
 66 Filed: 10/21/2005, Entered: 10/25/2005 Order on Motion for Leave to File Court Filing
ORDER for the reasons stated from the Bench, It is hereby ORDERED that [62] MOTION by America Online, Inc. for Leave to File settlement amount under seal is DENIED. It is further ORDERED that plaintiff is granted leave to withdraw any previously-filed pleadings or exhibits disclosing the specific settlement amount, if it wishes to do so. Signed by Judge T. S. Ellis III on 10/21/05. Copies sent: yes. (stas).
 69 Filed: 10/24/2005, Entered: 10/26/2005 NOTICE
PRAECIPE WITHDRAWING SUBMISSION FILED UNDER SEAL by America Online, Inc. re: Attachment to Docket No. [65] "Supplemental Submission" at Tab A, as the Court has denied the motion to file this under seal but has authorized Plaintiff to withdraw the document (tbul, )
 67 Filed: 10/25/2005, Entered: 10/25/2005 Judgment Court Filing
JUDGMENT ORDER AND INJUNCTION that default is ENTERED in favor of plaintiff and against defendants Richard Hicks, Alicia Colella and GW Consulting, LLC, jointly and severally, in the amount of $2,387,151.89 in damages, minus a credit resulting from pltf's settlement with defendant Amy Devoe, plus an additional $30,000 in attorney's fees and $5,528.86 in costs; Defendants Richard Hicks, Alicia Colella, and GW Consulting, LLC, their employees, officers, agents, servants, attorneys and all those acting in concert and participation with them, are hereby ENJOINED from sending or transmitting, or directing, aiding or conspiring w/others to send or transmit, any e-mail or electronic communication bearing any false, fradulent, anonymous, inactive, deceptive, or invalid return information, or otherwise using any other artifice, scheme or method of transmission that would prevent the automatic return of undeliverable electronic mail to its original and true e-mail address or internet protocol address of origin that would cause the e-mail return address to be that of anyone other than the original sender (see Judgment Order for details) Signed by Judge T. S. Ellis III on 10/25/05. Copies mailed: yes (pmil)
 68 Filed: 10/25/2005, Entered: 10/26/2005 Clerk's Judgment
JUDGMENT in favor of Plaintiff, America Online, Inc. and against Defendants, Richard Hicks, Alicia Colella and GW Consulting, LLC., jointly and severally in the amount of $2,387,151.89 in damages, minus a credit resulting from pltf's settlement w/deft Amy Devoe, plus an additional $30,000.00 in attorney's fees and $5,528.86 in costs. Defts Richard Hicks, Alicia Colella and GW Consulting, LLC, their employees, officers, agents, servants, attorneys and all those acting in concert and participation w/ them, are hereby ENJOINED from sending or transmitting, or directing, aiding or conspiring w/others to send or transmit, any e-mail or electronic communication bearing any false, fraudulent, anonymous, inactive, deceptive, or invalid return information, or otherwise using any other artifice, scheme or method of transmission that would prevent the automatic return of undeliverable electronic mail to its original and true e-mail address or internet protocol address of origin or that would cause the e-mail return address to be that of anyone other than the original sender. Entered by Clerk pursuant to FRCP 58 on 10/25/05. Copies mailed: yes (pmil)
 -- Filed: 10/27/2005, Entered: 10/27/2005 Remark
Tab A (Under Seal) to pleading #65 retrieved by counsel (per oral order/directive in Court by TSE 10/26/05) (pmil)

Update this case via PACER (Paid subscription required)

PACER Shortcuts

Statistics

This case has been viewed 229 times.

No comments have been added yet. Sign in to post a comment.
Space
Issues Laws Cases Pro Pro Se Articles Firms Entities
Issues Laws Cases Pro Pro Se Articles Firms Entities
 
PlainSite
Need Password Help?