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40 |
Filed: 3/23/2005, Entered: 3/24/2005 |
Set Deadlines |
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OPINION and FINAL ORDER and default judgment adopting and approving findings and recommendations of magistrate judge's report and recommendation as to liability and damages as to Counts One and Three; however, court does not adopt or approve findings and recommendations as to Count Two and makes its own findings; granting in part, denying in part, plaintiff's motion for default judgment against defendant Keith Klein; granting plaintiff's motion for default judgment as to Count Two; denying an award of damages for liability incurred under 18 USC 2511; ordering permanent injunction against defendant Klein as outlined in judgment order; awarding judgment to plaintiff for actual damages pursuant to 18 USC 605 in amount of $3,500.00 against defendant Klein; awarding plaintiff attorney's fees and costs in amount of $646.63 against defendant Klein; outlining appeal procedures; entered and filed 3/23/05 ( signed by Judge Rebecca B. Smith ) Copies Mailed: 3/23/05 as directed. ob (mwin)
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Filed: 3/23/2005, Entered: 3/24/2005 |
Disposable Record |
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Disposable Record (mwin)
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Filed: 3/23/2005, Entered: 3/24/2005 |
Terminated Case |
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Case closed (mwin)
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Filed: 3/23/2005, Entered: 3/24/2005 |
Set/Reset Deadlines: |
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Deadline updated; granting in part, denying in part [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein (mwin)
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Filed: 3/23/2005, Entered: 3/24/2005 |
Set/Reset Hearings |
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Remove Magistrate Flag. (mwin)
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39 |
Filed: 12/13/2004, Entered: 12/13/2004 |
Objection to Report and Recommendations |
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OBJECTION by DIRECTV, Inc. to [35-1] report and recommendations (mwin)
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38 |
Filed: 12/8/2004, Entered: 12/8/2004 |
Notice of Voluntary Dismissal |
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NOTICE of Voluntary Dismissal as to defendant Douglas Harris. ob (mwin)
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37 |
Filed: 11/29/2004, Entered: 11/30/2004 |
Transcript |
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TRANSCRIPT of proceedings 10/5/04 before Mag. Judge James E. Bradberry (mwin)
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36 |
Filed: 11/29/2004, Entered: 11/29/2004 |
Clerks Entry of Default* |
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CLERK'S ENTRY OF DEFAULT as to Douglas Harris, noted on [36-1] request for entry of default (mwin)
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36 |
Filed: 11/24/2004, Entered: 11/29/2004 |
Miscellaneous Document |
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REQUEST FOR ENTRY OF DEFAULT as to Douglas Harris (mwin)
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35 |
Filed: 11/23/2004, Entered: 11/23/2004 |
Miscellaneous Document |
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REPORT AND RECOMMENDATIONS of Mag Judge James E. Bradberry Re: [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein. Objections to R and R due by 12/13/04. Copies Mailed: 11/23/04 to plaintiff's counsel and to defaulted party, Keith Klein (mwin)
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34 |
Filed: 10/28/2004, Entered: 10/28/2004 |
Summons Returned Executed |
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Additional SUMMONS Returned Executed as to Douglas Harris by service upon Sharon Harris, spouse, on 10/25/04, at 3912 Port Rd., Chesapeake, VA. Answer due on 11/15/04 for Douglas Harris (mwin)
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33 |
Filed: 10/5/2004, Entered: 10/5/2004 |
Minutes-Miscellaneous |
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Minute entry: COURT PROCEEDINGS; JAMES E. BRADBERRY, USMJ. Penny Wile, OCR. Came on for hearing on plaintiff's motion for default judgment against defendant Keith Klein. Robert H. Burger, atty. counsel for plaintiff, present. No appearance by defendant or on behalf of defendant. Counsel for plaintiff's argument presented. Court to prepare Report and Recommendation. Court adjourned. (cdod) Modified on 10/05/2004
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Filed: 10/5/2004, Entered: 10/5/2004 |
Summons Issued |
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Additional SUMMONS with one copy issued for Douglas Harris at 345 Coventry Close, 201, Chesapeake, VA 23320, with notices; counsel for plaintiff to pick up pkg. (mwin)
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Filed: 10/5/2004, Entered: 10/5/2004 |
Motion Hearing |
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Motion hearing held re: [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein (cdod)
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32 |
Filed: 10/4/2004, Entered: 10/5/2004 |
Order |
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ORDER granting [31-1] motion by DIRECTV, Inc. to Strike affidavit of service on defendant Douglas Harris; granting [31-2] motion by DIRECTV, Inc. to Extend Time beyond 120 days to serve Douglas Harris; STRIKING from the record the affidavit of service and summons executed on Douglas Harris 11/12/03; directing clerk to issue replacement summons for Douglas Harris; setting deadline by which plaintiff shall serve Douglas Harris as 30 days from date of this order; entered and filed 10/4/04 (signed by Mag Judge James E. Bradberry ) Copies Mailed: 10/5/04 [EOD Date: 10/5/04] (mwin)
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31 |
Filed: 10/1/2004, Entered: 10/1/2004, Terminated: 10/4/2004 |
Motion to Strike |
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MOTION by DIRECTV, Inc. to Strike affidavit of service on defendant Douglas Harris , by DIRECTV, Inc. to Extend Time beyond 120 days to serve Douglas Harris (mwin)
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30 |
Filed: 9/29/2004, Entered: 9/30/2004 |
Notice |
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NOTICE by DIRECTV, Inc. of hearing 10/5/04, 3:00 p.m. on motion for default judgment against Keith Klein (mwin)
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29 |
Filed: 9/29/2004, Entered: 9/30/2004 |
Withdrawal of Motion |
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Letter notice of WITHDRAWAL of [23-1] motion by DIRECTV, Inc. for Default Judgment against Douglas Harris by DIRECTV, Inc. (mwin)
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Filed: 9/28/2004, Entered: 9/30/2004 |
Motion Hearing |
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Motion hearing [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein reset for 3:00, 10/5/04 before Mag Judge James E. Bradberry (mwin)
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28 |
Filed: 9/13/2004, Entered: 9/13/2004 |
Notice |
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NOTICE by DIRECTV, Inc. of hearing 10/1/04, 11:00, on motions for default judgment (mwin)
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Filed: 9/13/2004, Entered: 9/13/2004 |
Motion Hearing |
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Motion hearing [23-1] motion by DIRECTV, Inc. for Default Judgment against Douglas Harris set at 11:00 10/1/04, [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein set at 11:00 10/1/04 before Mag Judge James E. Bradberry (for R&R) (mwin)
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27 |
Filed: 9/9/2004, Entered: 9/9/2004 |
Order |
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ORDER Referring matter to Magistrate Judge James E. Bradberry to conduct default judgment hearing on plaintiff's motions for entry of default judgment against defendants Douglas Harris and Keith Klein, and to submit to US District Judge Rebecca Beach Smith recommendations for disposition of motions ; hearing to be scheduled and conducted within thirty days from order date; entered 9/8/04; filed 9/9/04 (signed by Judge Rebecca B. Smith) Copies Mailed: 9/9/04 to counsel for plaintiff and to defendants at last known addresses on file with court, as directed [EOD Date: 9/9/04] (mwin)
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26 |
Filed: 9/1/2004, Entered: 9/1/2004 |
Stipulation |
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STIPULATION of dismissal with prejudice as to defendant Michael Ross. ob (mwin) Modified on 09/01/2004
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25 |
Filed: 6/1/2004, Entered: 6/1/2004 |
Notice of Appearance |
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NOTICE of Attorney Appearance for DIRECTV, Inc. by Michelle Ann Hughes, Robert Edward Travers IV (mwin)
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24 |
Filed: 4/2/2004, Entered: 4/5/2004 |
Order |
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Rule 16(b) Scheduling Order: Trial set for 11:00, 9/17/04 in Norfolk. Trial by jury has not been demanded. Discovery by plaintiff(s) due on or before 7/9/04 and by defendant(s) on or before 8/6/04; final pretrial conference shall be held at 12:00 p.m., 9/10/04; proposed findings of fact to be delivered to clerk by 9/10/04; entered 3/31/04; filed 4/2/04; (signed by Mag Judge James E. Bradberry) Copies Mailed: 4/2/04 (mwin)
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Filed: 3/31/2004, Entered: 4/5/2004 |
Discovery Hearing |
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16(b) Conference held (mwin)
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23 |
Filed: 3/15/2004, Entered: 3/18/2004 |
Affidavit |
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AFFIDAVIT of Craig L. Mytelka, counsel for DIRECTV, Inc., in support of and attached to [23-1] motion by DIRECTV, Inc. for Default Judgment against Douglas Harris (mwin)
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23 |
Filed: 3/15/2004, Entered: 3/18/2004 |
Affidavit |
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AFFIDAVIT of Jaime Sichler, for DIRECTV, Inc., in support of and attached to [23-1] motion by DIRECTV, Inc. for Default Judgment against Douglas Harris (mwin)
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23 |
Filed: 3/15/2004, Entered: 3/18/2004 |
Motion for Default Judgment |
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MOTION with Memorandum in Support by DIRECTV, Inc. for Default Judgment against Douglas Harris (mwin)
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22 |
Filed: 3/12/2004, Entered: 3/15/2004 |
Order |
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26(f) Order: 16(b) scheduling conference set 11:30 3/31/04; entered: 3/11/04; filed: 3/12/04; ( signed by Mag Judge James E. Bradberry ) Copies Mailed: 3/12/04 (mwin)
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21 |
Filed: 3/11/2004, Entered: 3/11/2004 |
Affidavit |
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AFFIDAVIT of Craig L. Mytelka, attorney for DIRECTV, Inc., in support of [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein (mwin)
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21 |
Filed: 3/11/2004, Entered: 3/11/2004 |
Affidavit |
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AFFIDAVIT of Jaime Sichler, for DIRECTV, Inc., in support of and attached to [21-1] motion by DIRECTV, Inc. for Default Judgment against Keith Klein (mwin)
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21 |
Filed: 3/11/2004, Entered: 3/11/2004, Terminated: 3/23/2005 |
Motion for Default Judgment |
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MOTION with Memorandum in Support by DIRECTV, Inc. for Default Judgment against Keith Klein (mwin)
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Filed: 3/9/2004, Entered: 3/9/2004 |
Miscellaneous Document |
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Referred for 16(b) Conference (mwin)
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20 |
Filed: 3/5/2004, Entered: 3/5/2004 |
Clerks Entry of Default* |
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CLERK'S ENTRY OF DEFAULT as to Douglas Harris, endorsed on [20-1] request for entry of default (mwin)
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20 |
Filed: 3/5/2004, Entered: 3/5/2004, Terminated: 3/5/2004 |
Miscellaneous Document |
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REQUEST FOR ENTRY OF DEFAULT as to Douglas Harris (mwin)
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19 |
Filed: 3/5/2004, Entered: 3/5/2004 |
Clerks Entry of Default* |
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CLERK'S ENTRY OF DEFAULT as to Keith Klein, endorsed on [19-1] request for entry of default (mwin)
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19 |
Filed: 3/5/2004, Entered: 3/5/2004, Terminated: 3/5/2004 |
Miscellaneous Document |
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REQUEST FOR ENTRY OF DEFAULT as to Keith Klein (mwin)
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18 |
Filed: 3/4/2004, Entered: 3/5/2004 |
Affidavit |
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AFFIDAVIT of service by process server as to POSTED SERVICE of copies of summons and complaint on front door of residence of Douglas Harris 11/12/03 (received without original summons issued by clerk) (mwin)
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17 |
Filed: 2/13/2004, Entered: 2/17/2004 |
Notice |
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NOTICE of mail service (certified) to defendant Douglas Harris, by DIRECTV, Inc., as to posted service (mwin)
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16 |
Filed: 2/5/2004, Entered: 2/11/2004 |
Notice |
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NOTICE of by DIRECTV, Inc. certifying mail service for posted service on Keith Klein (mwin)
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15 |
Filed: 1/28/2004, Entered: 1/29/2004 |
Financial Disclosure Statement |
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Amended Financial Interest Disclosure Statement (Local Rule 7.1) by DIRECTV, Inc. (mwin)
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14 |
Filed: 1/27/2004, Entered: 1/29/2004 |
Notice |
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CERTIFICATE OF SERVICE by DIRECTV, Inc., of 1/23/04 service by mail of copy of complaint and summons, pursuant to Va. Code 8.01-296, as to posted service (mwin) Modified on 03/18/2004
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13 |
Filed: 1/22/2004, Entered: 1/22/2004, Terminated: 3/23/2005 |
Answer |
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ANSWER to Complaint by Michael Ross (certificate of service date 1/19/04) (mwin)
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12 |
Filed: 1/6/2004, Entered: 1/6/2004 |
Order |
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ORDER, agreed, allowing Michael Ross to respond to complaint up to and including 1/19/04 ; entered and filed 1/6/04 (signed by Judge Rebecca B. Smith) Copies Mailed: 1/6/04 [EOD Date: 1/6/04] (mwin)
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11 |
Filed: 12/29/2003, Entered: 1/2/2004 |
Notice of Voluntary Dismissal |
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AMENDED NOTICE of Voluntary Dismissal with prejudice as to defendant Terry Hartley (mwin)
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10 |
Filed: 12/19/2003, Entered: 12/23/2003 |
Notice of Voluntary Dismissal |
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NOTICE of Voluntary Dismissal as to defendant Terry Hartley without prejudice. ob (See 12/29/03 amended notice of dismissal with prejudice) (mwin) Modified on 01/05/2004
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Filed: 12/17/2003, Entered: 12/17/2003 |
Status Report |
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Status letter received from DIRECTV, Inc. as to Klein - checking military status (mwin)
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9 |
Filed: 12/10/2003, Entered: 12/10/2003 |
Order |
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ORDER, agreed, granting [8-1] motion by Terry Hartley to Extend Time; granting defendant extension of time to file responsive pleadings from 12/9/03 to 12/19/03 (reset answer deadline for Terry Hartley to 12/19/03) ; entered and filed 12/10/03 (signed by Judge Rebecca B. Smith) Copies Mailed: 12/10/03 [EOD Date: 12/10/03] (mwin)
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8 |
Filed: 12/9/2003, Entered: 12/10/2003, Terminated: 12/10/2003 |
Motion for Extension |
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MOTION by Terry Hartley to Extend Time to file responsive pleadings (mwin)
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7 |
Filed: 12/8/2003, Entered: 12/9/2003 |
Notice of Voluntary Dismissal |
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NOTICE of Voluntary Dismissal without prejudice of defendant Michael Hill. ob (mwin) Modified on 01/06/2004
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6 |
Filed: 12/2/2003, Entered: 12/3/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Terry Hartley 11/19/03 by POSTING. Answer due on 12/9/03 for Terry Hartley (mwin)
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5 |
Filed: 12/2/2003, Entered: 12/3/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Michael Ross 11/26/03 by POSTING. Answer due on 12/16/03 for Michael Ross (mwin)
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4 |
Filed: 11/19/2003, Entered: 11/19/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Keith Klein 11/11/03 by POSTING. Answer due on 12/1/03 for Keith Klein (mwin) Modified on 12/03/2003
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3 |
Filed: 11/19/2003, Entered: 11/19/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Michael Hill 11/10/03 by personal service. Answer due on 12/1/03 for Michael Hill (mwin) Modified on 12/03/2003
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Filed: 10/24/2003, Entered: 10/24/2003 |
Summons Issued |
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Five SUMMONSES issued for Michael Ross, Douglas Harris, Terry Hartley, Michael Hill, Keith Klein, w/attached notices re Mag. Judge, motions, etc.; plaintiff's counsel to pick up summons pkg. (mwin)
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2 |
Filed: 10/23/2003, Entered: 10/23/2003 |
Financial Disclosure Statement |
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Financial Interest Disclosure Statement (Local Rule 7.1) by DIRECTV, Inc. (mwin)
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1 |
Filed: 10/23/2003, Entered: 10/23/2003 |
Complaint |
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COMPLAINT; Filing Fee $150.00; Receipt #200-41027 (mwin)
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Filed: 10/23/2003, Entered: 10/23/2003 |
Miscellaneous Document |
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CASE REFERRED to Magistrate Judge James E. Bradberry (mwin)
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