Whitney Information, et al v. Xcentric Ventures, et al

Federal Civil Lawsuit Florida Middle District Court, Case No. 2:04-cv-00047
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Parties
No Logo Russ Whitney, Plaintiff
No Logo Whitney Information Network, Inc., Plaintiff

Represented by Administrative Office of the United States Courts

Name Phone Fax E-Mail
Space Christopher Charles Sharp +1 954 617 6017 +1 954 617 6018 csharplaw@aol.com

Represented by Michael A. Pancier, PA

Name Phone Fax E-Mail
Space Michael Anthony Pancier +1 954 862 2217 +1 954 862 2287 mpancier@pancierlaw.com

Represented by Rice Pugatch Robinson & Schiller, PA

Name Phone Fax E-Mail
Space Steven Neil Lippman +1 954 462 8000 +1 954 462 4300 slippman@rprslaw.com

Represented by Rosenfeldt & Birken, PA

Name Phone Fax E-Mail
Space Shawn Logan Birken +1 954 990 4459 +1 954 990 4469 sbirken@randb-law.com
Space Stuart A. Rosenfeldt +1 954 990 4343 +1 954 990 4469 srosenfeldt@randb-law.com

Represented by Rothstein Rosenfeldt & Adler

Name Phone Fax E-Mail
Space Scott Walter Rothstein +1 954 522 3456 +5278 527 527 8663 srothstein@rra-law.com

Represented by Shutts & Bowen, LLP

Name Phone Fax E-Mail
Space Matthew Scott Sackel +1 561 835 8500 +1 561 650 8530 msackel@shutts.com

Represented by Suite 201

Name Phone Fax E-Mail
Space Christina M Kitterman ckitterman@cmk-law.com

Represented by Susan L Dolin PA

Name Phone Fax E-Mail
Space Susan Leslie Dolin +1 954 862 2284 +1 954 862 2287 sdolin@dolinlawgroup.com
v.
No Logo BADBUSINESSBUREAU.COM, LLC, Defendant
Officially listed as "Badbusinessbureau.org"
No Logo Magedson, Edward, Defendant
Officially listed as "Ed Magedson"
No Logo Xcentric Ventures, LLC, Defendant

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
Space JONATHAN P. IBSEN +1 602 248 1054 +1 602 248 1085 jpi@jaburgwilk.com
Space Maria Crimi Speth +1 602 248 1000 +1 602 248 0522 mcs@jaburgwilk.com

Represented by Shutts & Bowen, LLP

Name Phone Fax E-Mail
Space Michael Lee Gore +1 407 423 3200 +8497 849 849 7205 mgore@shutts.com

Represented by Stack Fernandez Anderson & Harris, PA

Name Phone Fax E-Mail
Space Denise Brody Crockett +1 305 371 0001 +1 305 371 0002 dcrockett@stackfernandez.com
Space Brian Joseph Stack +1 305 371 0001 +1 305 371 0002 bstack@stackfernandez.com

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space James Alan Weinkle +1 305 961 9290 +1 305 530 7139 James.Weinkle@usdoj.gov
Other Parties
No Logo Jonathan C. Koch, Mediator

Represented by Bush Ross PA

Name Phone Fax E-Mail
Space Jonathan C. Koch +1 813 224 9255 +1 813 223 9620 jkoch@bushross.com
Attributes
Timeline
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Legal Document (Payment Possibly Required) 196 Filed: 7/16/2008, Entered: None
SATISFACTION OF JUDGMENT for Costs by Xcentric Ventures, LLC, Ed Magedson. (Stack, Brian) (Entered: 07/16/2008)
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Legal Document (Payment Possibly Required) 195 Filed: 3/25/2008, Entered: None
BILL OF COSTS taxed against Plaintiff in the amount of $3,966.58. Signed by Deputy Clerk. (drn) (Entered: 03/25/2008)
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Legal Document (Payment Possibly Required) 194 Filed: 3/14/2008, Entered: None
PROPOSED BILL OF COSTS by Xcentric Ventures, LLC, Ed Magedson. (Attachments: # 1 Itemization and documentation)(Speth, Maria) (Entered: 03/14/2008)
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Legal Document (Payment Possibly Required) 193 Filed: 3/10/2008, Entered: None
PROPOSED BILL OF COSTS by Xcentric Ventures, LLC, Ed Magedson. (Attachments: # 1 Itemization and documentation)(Speth, Maria) (Entered: 03/10/2008)
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Legal Document (Payment Possibly Required) 192 Filed: 3/10/2008, Entered: None
FINAL Trademark Report sent to Washington. (kma) (Entered: 03/10/2008)
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Legal Document (Payment Possibly Required) 191 Filed: 2/25/2008, Entered: None
JUDGMENT in favor of Badbusinessbureau.org, Xcentric Ventures, LLC, Ed Magedson against Whitney Information Network, Inc. (Signed by Deputy Clerk). (drn) (Entered: 02/25/2008)
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Legal Document (Payment Possibly Required) 190 Filed: 2/15/2008, Entered: None Court Filing
ORDER granting in part and denying in part 115 Motion for Summary Judgment and, Alternatively, Motion for Reconsideration Re: Motion to Dismiss Plaintiffs First Amended Complaint for Lack of Personal Jurisdiction and Motion for Sanctions. To the extent that Defendants seek summary judgment as to Plaintiff's defamation claim, the Motion is granted. To the extent that Defendants ask the Court to reconsider its prior rulings on personal jurisdiction, the Motion is denied. To the extent that the Defendants seek Rule 11 sanctions against Plaintiff, the Motion is denied. The Clerk of the Court is directed to enter judgment in favor of Defendants and against Plaintiff, close the file, and terminate any remaining motions and deadlines as moot.Signed by Judge Marcia Morales Howard on 2/15/2008. (NAB) (Entered: 02/15/2008)
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Legal Document (Payment Possibly Required) 189 Filed: 2/15/2008, Entered: None
Emergency MOTION for Hearing on Motion for Summary Judgment by Xcentric Ventures, LLC, Ed Magedson. (Speth, Maria) (Entered: 02/15/2008)
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Legal Document (Payment Possibly Required) 188 Filed: 2/15/2008, Entered: None Court Filing
ORDERED: The Court finds it necessary to cancel the final pretrial conference scheduled for February 19, 2008, at 10:30 a.m. This matter will be reset by notice on February 19, 2008. Signed by Judge Marcia Morales Howard on 2/15/2008. (LAF) (Entered: 02/15/2008)
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Legal Document (Payment Possibly Required) 187 Filed: 2/14/2008, Entered: None
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Additional Defense Exhibit After Filing of Joint Pretrial Statement Pursuant to Local Rule 3.06(e), and Motion for Order Allowing Exhibit in Furtherance of Justice (Speth, Maria) (Entered: 02/14/2008)
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Legal Document (Payment Possibly Required) 186 Filed: 2/14/2008, Entered: None
EXHIBIT LIST by Whitney Information Network, Inc... (Birken, Shawn) (Entered: 02/14/2008)
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Legal Document (Payment Possibly Required) 185 Filed: 2/12/2008, Entered: None
REPLY to response to motion re 115 MOTION for summary judgment filed by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Speth, Maria) (Entered: 02/12/2008)
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Legal Document (Payment Possibly Required) 184 Filed: 2/11/2008, Entered: None
NOTICE by Xcentric Ventures, LLC, Ed Magedson of Filing Proposed Verdict Form and Proposed Jury Instructions and Proposed Voir Dire (Attachments: # 1 Defendants' Proposed Verdict Form, # 2 Defendants' Proposed Jury Instructions, # 3 Defendants' Proposed Voir Dire)(Speth, Maria) (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 183 Filed: 2/11/2008, Entered: None
EXHIBIT LIST with objections by Whitney Information Network, Inc... (Birken, Shawn) (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 182 Filed: 2/11/2008, Entered: None
PROPOSED jury instructions by Whitney Information Network, Inc.. (Attachments: # 1 Plaintiff's proposed verdict form, # 2 Plaintiff's proposed voir dire)(Birken, Shawn) (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 181 Filed: 2/11/2008, Entered: None
PLAINTIFF'S RESPONSE in opposition and Memorandum of Law re 168 Motion to supplement Motion for Summary Judgment and Plaintiff's Motion to Strike Defendants' Motion to Supplement Record filed by Whitney Information Network, Inc. (Birken, Shawn) Modified on 2/12/2008 to correct docket text (drn). (Entered: 02/11/2008)
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Legal Document (Payment Possibly Required) 180 Filed: 2/6/2008, Entered: None
Joint MOTION to extend time to file Proposed Jury Instructions, Exhibit Lists, Verdict Form and Voir Dire Questions by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 179 Filed: 2/6/2008, Entered: None
PRETRIAL STATEMENT by Whitney Information Network, Inc., Xcentric Ventures, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Birken, Shawn) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 178 Filed: 2/6/2008, Entered: None
NOTICE of service of Defendants' Second Supplemental Disclosure Statement by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson (Speth, Maria) Modified on 2/7/2008 to correct docket text (drn). (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 177 Filed: 2/6/2008, Entered: None Court Filing
ORDER granting in part and denying in part 144 Motion for Leave to File Reply Brief and Request for Oral Argument. To the extent that Defendants seek leave to file a reply, the Motion is granted. To the extent that Defendants request that this matter be set for oral argument, the Motion is denied without prejudice. Defendants shall file their reply, which shall not exceed 5 pages in length, and the affidavit of Dickson Woodward on or before February 12, 2008.Signed by Judge Marcia Morales Howard on 2/6/2008. (NAB) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 176 Filed: 2/6/2008, Entered: None Court Filing
ORDER granting 173 the Stipulated Motion for Enlargement of Time. The parties shall have up to and including FEBRUARY 6, 2008 to submit the Joint Final Pretrial Statement. Signed by Magistrate Judge Sheri Polster Chappell on 2/6/2008. (LMH) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 175 Filed: 2/6/2008, Entered: None
TRIAL BRIEF by Xcentric Ventures, LLC. (Speth, Maria) (Entered: 02/06/2008)
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Legal Document (Payment Possibly Required) 174 Filed: 2/5/2008, Entered: None Motion to CompelCourt Filing
MOTION to compel by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Speth, Maria) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 02/05/2008)
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Legal Document (Payment Possibly Required) 173 Filed: 2/5/2008, Entered: None
Unopposed MOTION for Extension of Time to File Joint Final Pretrial Statement by Xcentric Ventures, LLC, Ed Magedson. (Stack, Brian) (Entered: 02/05/2008)
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Legal Document (Payment Possibly Required) 172 Filed: 2/5/2008, Entered: None Motion in Limine
MOTION in limine regarding Alleged Defamatory Statements by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 02/05/2008)
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Legal Document (Payment Possibly Required) 171 Filed: 2/5/2008, Entered: None Motion in Limine
MOTION in limine regarding deposition of Dixon Woodard by Xcentric Ventures, LLC. (Speth, Maria) (Entered: 02/05/2008)
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Legal Document (Payment Possibly Required) 170 Filed: 2/5/2008, Entered: None Motion in Limine
MOTION in limine regarding Other Lawsuits by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 02/05/2008)
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Legal Document (Payment Possibly Required) 169 Filed: 1/30/2008, Entered: None Court Filing
NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 02/19/08 is rescheduled. New scheduling TIME ONLY: Final Pretrial Conference set for 2/19/2008 at 10:30 AM in Courtroom 5 D before Judge Marcia Morales Howard (LAF) (Entered: 01/30/2008)
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Legal Document (Payment Possibly Required) 168 Filed: 1/28/2008, Entered: None
MOTION to supplement Admit Newly Discovered Evidence in Support of Defendants' Motion for Summary Judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B)(Speth, Maria) (Entered: 01/28/2008)
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Legal Document (Payment Possibly Required) 167 Filed: 1/18/2008, Entered: None
NOTICE of supplemental authority re 115 MOTION for summary judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson (Speth, Maria) (Entered: 01/18/2008)
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Legal Document (Payment Possibly Required) 166 Filed: 1/11/2008, Entered: None
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson of Service of Defendants' First Supplemental Disclosure Statement (Speth, Maria) (Entered: 01/11/2008)
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Legal Document (Payment Possibly Required) 165 Filed: 11/21/2007, Entered: None Court Filing
ORDER denying 154 the Plaintiff Whitney Information Network, Inc.'s Motion for Sanctions. Signed by Magistrate Judge Sheri Polster Chappell on 11/21/2007. (LMH) (Entered: 11/21/2007)
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Legal Document (Payment Possibly Required) 164 Filed: 11/20/2007, Entered: None Court Filing
ORDER denying 159 the Plaintiff, Whitney Information Network, Inc.'s Motion for Leave of Court to Conduct Additional Discovery and to Thereafter Supplement Its Response to Defendants Motion for Summary Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 11/20/2007. (LMH) (Entered: 11/20/2007)
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Legal Document (Payment Possibly Required) 163 Filed: 11/14/2007, Entered: None
RESPONSE to motion re 154 MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law, 159 MOTION For Leave of Court to Conduct Additional Discovery and to Thereafter Supplement its Response to Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law filed by Xcentric Ventures, LLC, Ed Magedson. (Attachments: # 1 Exhibit A)(Speth, Maria) (Entered: 11/14/2007)
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Blank 162 Filed: 11/6/2007, Entered: 11/6/2007 Court Filing
ORDER granting 151 the Plaintiff Whitney Information Networks Inc.'s Motion to Strike or in the Alternatiive, Motion for Protective Order Regarding Untimely Served Discovery Requests. The Defendants discovery request propounded on September 26, 2007, is hereby stricken and the Plaintiff will not be required to respond to those specific discovery requests. Signed by Judge Sheri Polster Chappell on 11/6/2007. (lmh, ) (Entered: 11/06/2007)
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Blank 161 Filed: 11/5/2007, Entered: 11/5/2007
RESPONSE in opposition re 154 MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law filed by Xcentric Ventures, LLC. (Speth, Maria) (Entered: 11/05/2007)
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Blank 160 Filed: 11/3/2007, Entered: 11/3/2007
RESPONSE in opposition re 151 MOTION to strike or in the alternative, Motion for Protective Order Regarding Untimely Served Discover Requests filed by Xcentric Ventures, LLC. (Speth, Maria) (Entered: 11/03/2007)
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Blank 159 Filed: 10/31/2007, Entered: 10/31/2007
MOTION For Leave of Court to Conduct Additional Discovery and to Thereafter Supplement its Response to Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1)(Lippman, Steven) (Entered: 10/31/2007)
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Legal Document with OCR 158 Filed: 10/31/2007, Entered: 10/31/2007
SUPPLEMENT re 154 MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1)(Lippman, Steven) (Entered: 10/31/2007)
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Blank 157 Filed: 10/24/2007, Entered: 10/24/2007
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson re 153 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) of Filing Eratta Sheet (Attachments: # 1 Exhibit 1)(Speth, Maria) (Entered: 10/24/2007)
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Blank 156 Filed: 10/22/2007, Entered: 10/22/2007
STATUS REPORT by Whitney Information Network, Inc.. (Lippman, Steven) (Entered: 10/22/2007)
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Blank 155 Filed: 10/22/2007, Entered: 10/22/2007 Court Filing
ORDERED: On or before November 8, 2007, the parties shall advise the Court as to the status of the mediation. Signed by Judge Marcia Morales Howard on 10/22/2007. (laf, ) (Entered: 10/22/2007)
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Blank 154 Filed: 10/19/2007, Entered: 10/19/2007 Motion for Sanctions
MOTION for sanctions for Improper Deposition Conduct and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Lippman, Steven) (Entered: 10/19/2007)
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Blank 153 Filed: 10/19/2007, Entered: 10/19/2007
NOTICE by Whitney Information Network, Inc. re 141 Memorandum in opposition, of Filing Deposition Transcript of Ed Magedson (Attachments: # 1 Exhibit Deposition Transcript of Magedson Volume 1 pages 1 to 49# 2 Exhibit Deposition of Magedson Volume 1 pages 50 to 99# 3 Exhibit Deposition of Magedson Volume 1 pages 100 to 143# 4 Exhibit Deposition of Magedson Volume 2 pages 1 to 49# 5 Exhibit Deposition of Magedson Vol 2 pages 50 to 99# 6 Exhibit Deposition of Magedson Vol 2 pages 100 to 149# 7 Exhibit Deposition of Magedson Vol 2 pages 150 to 199# 8 Exhibit Deposition of Magedson Vol 2 pages 200 to 240# 9 Exhibit Deposition of Magedson Vol 2 pages 241 to 263# 10 Exhibit Exhibit 1 to Magedson Deposition# 11 Exhibit Exhibit 2 to Magedson Deposition# 12 Exhibit Exhibit 3 to Magedson Deposition# 13 Exhibit Exhibit 4 to Magedson Deposition# 14 Exhibit Exhibit 5 to Magedson Deposition# 15 Exhibit Exhibit 6 to Magedson Deposition# 16 Exhibit Exhibit 7 to Magedson Deposition# 17 Exhibit Exhibit 8 to Magedson Deposition# 18 Exhibit Exhibit 9 to Magedson Deposition# 19 Exhibit Exhibit 10 to Magedson Deposition# 20 Exhibit Exhibit 11 to Magedson Deposition# 21 Exhibit Exhibit 12 to Magedson Deposition# 22 Exhibit Exhibit 13 to Magedson Deposition# 23 Exhibit Exhibit 14 to Magedson Deposition# 24 Exhibit Exhibit 15 to Magedson Deposition# 25 Exhibit Exhibit 16 to Magedson Deposition# 26 Exhibit Exhibit 17 to Magedson Deposition# 27 Exhibit Exhibit 18 to Magedson Deposition# 28 Exhibit Exhibit 19 to Magedson Deposition# 29 Exhibit Exhibit 20 to Magedson Deposition)(Birken, Shawn) (Entered: 10/19/2007)
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Blank 152 Filed: 10/19/2007, Entered: 10/19/2007
MEDIATION REPORT Hearing held on 9/20/07, continuing to 10/19/07 Hearing outcome: Impasse(Koch, Jonathan) (Entered: 10/19/2007)
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Blank 151 Filed: 10/18/2007, Entered: 10/18/2007
MOTION to strike or in the alternative, Motion for Protective Order Regarding Untimely Served Discover Requests by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 10/18/2007)
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Blank 150 Filed: 10/10/2007, Entered: 10/10/2007 Court Filing
ORDER granting 142 the Plaintiff Whitney Information Network, Inc.'s Motion for leave to File Deposition Transcripts. Signed by Judge Sheri Polster Chappell on 10/10/2007. (lmh, ) (Entered: 10/10/2007)
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Blank 149 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
ORDER denying as moot 119 Motion for Extension of Time to File Response/Reply. The Clerk of the Court is directed to TERMINATE Plaintiffs Supplement to Motion for Additional Discovery Time Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defendants Motion for Summary Judgment (Doc. No. 139), as it was incorrectly filed as a motion. Signed by Judge Marcia Morales Howard on 10/5/2007. (laf, ) (Entered: 10/05/2007)
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Blank 148 Filed: 10/1/2007, Entered: 10/1/2007
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Subpoena (Speth, Maria) (Entered: 10/01/2007)
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Blank 147 Filed: 9/27/2007, Entered: 9/27/2007
MEMORANDUM in opposition re 144 Motion for leave to file Reply Brief filed by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 09/27/2007)
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Blank 146 Filed: 9/26/2007, Entered: 9/26/2007
RESPONSE to motion re 142 MOTION for leave to file to File Deposition Transcripts filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 09/26/2007)
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Blank 145 Filed: 9/19/2007, Entered: 9/19/2007 Court Filing
ORDER granting 143 the Unopposed Motion to Allow Telephonic Mediation. Maria Crimi Speth, as Counsel for the Defendants, Xcentric and Ed Magedson, as well as the Defendant, Mr. Magedson, shall have permission to appear via telephone for the scheduled mediation conference. Signed by Judge Sheri Polster Chappell on 9/19/2007. (lmh, ) (Entered: 09/19/2007)
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Blank 144 Filed: 9/14/2007, Entered: 9/14/2007
MOTION for leave to file Reply Brief in Support of Defendants' Summary Judgment and Request for Oral Argument on Defendants' Motion for Summary Judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 09/14/2007)
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Blank 143 Filed: 9/14/2007, Entered: 9/14/2007 Court Filing
Unopposed MOTION to Appear Telephonically Motion to Allow Telephonic Mediation by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 09/14/2007)
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Blank 142 Filed: 9/10/2007, Entered: 9/10/2007
MOTION for leave to file to File Deposition Transcripts by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 09/10/2007)
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Blank 141 Filed: 9/10/2007, Entered: 9/10/2007
MEMORANDUM in opposition re 115 Motion for summary judgment and, Alternatively, Motion for Reconsideration RE: Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction and Motion for Sanctions and Incorporated Memorandum of Law filed by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit Deposition Excerpts for Woodard)(Birken, Shawn) (Entered: 09/10/2007)
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Blank 140 Filed: 8/27/2007, Entered: 8/27/2007
RESPONSE in opposition re 139 Supplemental MOTION to supplement Rule 56(f) Motion for Enlargement of Time to respond to Defendant's Motion for Summary Judgment filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 08/27/2007)
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Blank 139 Filed: 8/22/2007, Entered: 8/22/2007
Supplemental MOTION to supplement Rule 56(f) Motion for Enlargement of Time to respond to Defendant's Motion for Summary Judgment by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 08/22/2007)
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Blank 138 Filed: 8/20/2007, Entered: 8/20/2007 Court Filing
ORDER granting 137 the Plaintiff Whitney Information Network, Inc.'s Motion for Relief from or to Clarify Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 8/20/2007. (lmh, ) (Entered: 08/20/2007)
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Blank 137 Filed: 8/9/2007, Entered: 8/9/2007
MOTION for reconsideration re 92 Order, 101 Order on motion for protective order, 135 Order on Motion for Miscellaneous Relief or to Clarify Order by Whitney Information Network, Inc.. (Birken, Shawn) (Entered: 08/09/2007)
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Blank 136 Filed: 8/3/2007, Entered: 8/3/2007
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Service of Disclosure (Speth, Maria) (Entered: 08/03/2007)
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Blank 135 Filed: 8/3/2007, Entered: 8/3/2007 Court Filing
ORDER granting 134 Oral Motion to Preclude Plaintiff's In-House Counsel from Deposition. Signed by Judge Douglas N. Frazier on 8/3/2007, nunc pro tunc, 8/1/07. (brh) (Entered: 08/03/2007)
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Legal Document (Payment Possibly Required) 134 Filed: 8/1/2007, Entered: None
MOTION to preclude the plaintiff's in -house counsel from deposition by defendant Xcentric Ventures, LLC (kma) (Entered: 08/01/2007)
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Legal Document (Payment Possibly Required) 133 Filed: 8/1/2007, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Judge Douglas N. Frazier: Telephone Conference held on 8/1/2007. This matter is referred from Judge Marcia Morales Howard as Judge Chappell was unavaible. Parties were attending a scheduled video deposition. Defendant presented an oral motion to preclude the plaintiff's in-house counsel from attending the deposition. Court grants the oral motion to preclude in-house counsel. Written order to follow. (kma, ) (Entered: 08/01/2007)
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Blank 132 Filed: 7/26/2007, Entered: 7/26/2007 Court Filing
The Notice of Withdrawal of Motions to Compel and Supplment to Motion for Additional Discovery Pursuant to Rule 56(f), Federal Rules of Civil Procedure to Respond to Defenants' Motion for Summary Judgment (Doc. #130) is Granted. Accordingly, the Court hereby enters the ORDER denying as moot 124 the Plaintiff's Motion to Compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment; denying as moot 125 the Plaintiff's Reviewed Amended Motion to Compel Documents Responsive to First Request for Production, Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment. Signed by Judge Sheri Polster Chappell on 7/26/2007. (lmh, ) (Entered: 07/26/2007)
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Blank 131 Filed: 7/25/2007, Entered: 7/25/2007
RESPONSE in opposition re 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Speth, Maria) (Entered: 07/25/2007)
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Blank 130 Filed: 7/24/2007, Entered: 7/24/2007
NOTICE of withdrawal of motion by Whitney Information Network, Inc. re 124 MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and filed by Whitney Information Network, Inc., 125 Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment filed by Whitney Information Network, Inc. (Birken, Shawn) (Entered: 07/24/2007)
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Blank 129 Filed: 7/20/2007, Entered: 7/20/2007 Court Filing
ORDER granting 128 the Stipulated Motion to Extend Time to Respond to Plaintiffs Motions Pursuant to Rule 56(f) and Motions to Compel (Doc. #128) is GRANTED. The Defendants shall have up to and including JULY 25, 2007 to respond to the Plaintiff pending discovery motions. Signed by Judge Sheri Polster Chappell on 7/20/2007. (lmh, ) (Entered: 07/20/2007)
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Blank 128 Filed: 7/18/2007, Entered: 7/18/2007
Joint MOTION for Extension of Time to File Response/Reply as to 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f), 124 MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and, 125 Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment by all defendants. (Speth, Maria) (Entered: 07/18/2007)
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Blank 127 Filed: 7/12/2007, Entered: 7/12/2007
NOTICE by Whitney Information Network, Inc. re 119 MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) Notice of Compliance (Birken, Shawn) (Entered: 07/12/2007)
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Blank 126 Filed: 7/10/2007, Entered: 7/10/2007 Court Filing
ORDERED: Plaintiff shall provide the Court with a certificate of compliance no later than July 13, 2007. In the event Defendants oppose the Motion, they shall file an appropriate response no later than July 18, 2007. Signed by Judge Marcia Morales Howard on 7/10/2007. (laf, ) (Entered: 07/10/2007)
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Blank 125 Filed: 7/6/2007, Entered: 7/6/2007 Court Filing
Amended MOTION to compel Documents Responsive to First Request for Production and Additional Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 07/06/2007)
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Blank 124 Filed: 7/3/2007, Entered: 7/3/2007 Motion to CompelCourt Filing
MOTION to compel Sworn Answers to Second and Third Sets of Interrogatories, Better Answers to Second Set of Interrogatories and Second Request for Production, Supplement to Motion for Extension of Time to Respond to Motion for Summary Judgment and Incorporated Memorandum of Law by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 07/03/2007)
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Blank 123 Filed: 7/3/2007, Entered: 7/3/2007 Court Filing
ORDER denying 114 the Plaintiff Whitney Information Network, Inc.'s Amended Motion to Compel Responsive Documents to the First Request for Production. Signed by Judge Sheri Polster Chappell on 7/3/2007. (lmh, ) (Entered: 07/03/2007)
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Blank 122 Filed: 7/2/2007, Entered: 7/2/2007
RESPONSE to motion re 114 Amended MOTION to compel Responsive Documents to First Request for Production filed by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 07/02/2007)
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Blank 121 Filed: 6/27/2007, Entered: 6/27/2007 Court Filing
ORDER granting 120 the Notice of Removal of Counsel from Service List. See Order for Details. Signed by Judge Sheri Polster Chappell on 6/27/2007. (lmh, ) (Entered: 06/27/2007)
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Blank 120 Filed: 6/26/2007, Entered: 6/26/2007
NOTICE by Whitney Information Network, Inc. of Removal of Counsel from Service List (Lippman, Steven) (Entered: 06/26/2007)
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Blank 119 Filed: 6/26/2007, Entered: None
MOTION for Extension of Time to File Response/Reply as to 115 MOTION for summary judgment pursuant to Rule 56(f) by Whitney Information Network, Inc.. (Attachments: # 1 Affidavit In Support of Motion for Additional Discovery Time pursuant to Rule 56(f) to Respond to Motion for Summary Judgment)(Birken, Shawn) (Entered: 06/26/2007)
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Blank 118 Filed: 6/25/2007, Entered: None Court Filing
ORDER denying as moot 113 the Plaintiffs Whitney Information Network, Inc.s Motion to Compel Answers to Plaintiff's Second set of Interrogatories and First Request for Production. Signed by Judge Sheri Polster Chappell on 6/25/2007. (lmh, ) (Entered: 06/25/2007)
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Blank 117 Filed: 6/22/2007, Entered: None
SUMMARY JUDGMEMT NOTICE re 115 MOTION for summary judgment. (drn) (Entered: 06/22/2007)
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Blank 116 Filed: 6/21/2007, Entered: None
STATEMENT of undisputed facts re: 115 MOTION for summary judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Part 1# 3 Exhibit 2 - Part 2# 4 Exhibit 2 - Part 3# 5 Exhibit 2 - Part 4# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13)(Speth, Maria) (Entered: 06/21/2007)
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Blank 115 Filed: 6/21/2007, Entered: None Motion for Summary Judgment
MOTION for summary judgment by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Speth, Maria) (Entered: 06/21/2007)
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Blank 114 Filed: 6/15/2007, Entered: None Court Filing
Amended MOTION to compel Responsive Documents to First Request for Production by all plaintiffs. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 06/15/2007)
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Blank 113 Filed: 6/11/2007, Entered: None Court Filing
First MOTION to compel Documents Responsive to First Request for Production and Answers to Second Set of Interrogatories by Whitney Information Network, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Birken, Shawn) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 06/11/2007)
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Blank 112 Filed: 6/6/2007, Entered: None
NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson re Selection of Mediation Date (Speth, Maria) (Entered: 06/06/2007)
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Blank 111 Filed: 6/1/2007, Entered: None Court Filing
ORDER denying 109 the Plaintiff Whitney Network, Inc.'s Motion to Expedite Answers to Plaintiff's Third Set of Interrogatories. Signed by Judge Sheri Polster Chappell on 6/1/2007. (lmh, ) (Entered: 06/01/2007)
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Blank 110 Filed: 5/31/2007, Entered: None
MEMORANDUM in opposition re 109 Motion to expedite Opposition to Plaintiff's Motion to Expedite Answers to Plaintiff's Third Set of Interrogatories filed by Xcentric Ventures, LLC. (Speth, Maria) (Entered: 05/31/2007)
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Blank 109 Filed: 5/18/2007, Entered: None
MOTION to expedite Answers to Plaintiff's Third Set of Interrogatories by Whitney Information Network, Inc.. (Sackel, Matthew) (Entered: 05/18/2007)
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Blank 108 Filed: 5/15/2007, Entered: None
NOTICE by Whitney Information Network, Inc., Russ Whitney re 106 Order, OF SELECTION OF MEDIATOR (Birken, Shawn) (Entered: 05/15/2007)
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Blank 107 Filed: 5/8/2007, Entered: None
CERTIFICATE of interested persons and corporate disclosure statement re 105 Case management and scheduling order by Whitney Information Network, Inc.. (Sackel, Matthew) (Entered: 05/08/2007)
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Blank 106 Filed: 5/8/2007, Entered: None Court Filing
ORDER directing the parties to file a notice with the Court on or before May 23, 2007 indicating the name, address and telephone number of the mediator they selected and the date of the mediation. Signed by Judge Marcia Morales Howard on 5/8/2007. (JLW) (Entered: 05/08/2007)
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Blank 105 Filed: 4/16/2007, Entered: None Court Filing
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 4/16/2007. (LAG, ) (Entered: 04/16/2007)
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Blank 104 Filed: 4/2/2007, Entered: None
CASE MANAGEMENT REPORT. (Pancier, Michael) (Entered: 04/02/2007)
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Legal Document (Payment Possibly Required) 103 Filed: 3/23/2007, Entered: None
NOTICE re 89 Order to comply with electronic filing. Counsel, Jonathan P. Ibsen, has not complied and is therefore terminated and will not receive any further copies from the Court until registration is accomplished and a Notice of Appearance is electronically filed. (LAG, ) (Entered: 03/23/2007)
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Legal Document (Payment Possibly Required) 102 Filed: 3/23/2007, Entered: None
NOTICE re 89 Order to comply with electronic filing - counsel, Shawn L. Birken and Christopher C. Sharp, have complied. (LAG, ) (Entered: 03/23/2007)
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Blank 101 Filed: 3/15/2007, Entered: None Court Filing
ORDER denying 99 Motion for protective order. Signed by Judge Sheri Polster Chappell on 3/14/2007. (LAG, ) (Entered: 03/15/2007)
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Blank 100 Filed: 3/15/2007, Entered: None Court Filing
ORDER re 96 the District Court's Order directing the Parties to File a New Case Management Report. The Parties are directed to file a new Case Management Report by Monday April 2, 2007. The Parties may meet via telephonic conference to establish the new report. Signed by Judge Sheri Polster Chappell on 3/14/2007. (LAG, ) (Entered: 03/15/2007)
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Blank 99 Filed: 3/14/2007, Entered: None Court Filing
MOTION for protective order by Xcentric Ventures, LLC, Ed Magedson. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Stack, Brian) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/14/2007)
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Blank 98 Filed: 3/9/2007, Entered: None
ANSWER to amended complaint by Xcentric Ventures, LLC, Ed Magedson.(Stack, Brian) (Entered: 03/09/2007)
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Blank 97 Filed: 3/9/2007, Entered: None Court Filing
ORDER granting 94 the Unopposed Motion to Allow Shutts & Bowen LLP to Withdraw as Local Counsel for Defendants. Michael Gore, Esq., P.O. Box 4956, Orlando, Florida 32802-4956 and the law firm of Shutts & Bowen LLP, shall be relived of any further responsibility in this matter. Brian J. Stack, Esq., and Stack, Fernandez & Anderson, 1200 Brickell Avenue, Suite 950, Miami, Florida 33131-3255, shall be designated local Counsel. Signed by Judge Sheri Polster Chappell on 3/9/2007. (lmh, ) (Entered: 03/09/2007)
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Blank 96 Filed: 3/9/2007, Entered: None Court Filing
ORDER granting 77 Motion to continue; granting 79 Motion to continue (See order for details) Signed by Judge Paul A. Magnuson on 3/9/2007. (drn) (Entered: 03/09/2007)
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Blank 95 Filed: 3/8/2007, Entered: 3/8/2007 Court Filing
ORDER granting 90 the Motion for Substitution of Counsel. Scott W. Rothstein, Steven N. Lippman, and Shawn L. Birken, of the law firm Rothstein Rosenfelt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, Florida 33301, shall be designated Counsel of record. All further correspondence and pleadings shall be forwarded to their attention. Signed by Judge Sheri Polster Chappell on 3/8/2007. (lmh, ) (Entered: 03/08/2007)
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Blank 94 Filed: 3/7/2007, Entered: 3/7/2007 Court Filing
Unopposed MOTION for MIchael Gore to withdraw as attorney (local counsel) by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/07/2007)
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Legal Document (Payment Possibly Required) 93 Filed: 3/6/2007, Entered: None Court Filing
NOTICE OF HEARING: Video Final Pretrial Conference set for 3/19/07 at 10:30 A.M. EST (9:30 A.M. CST) before Judge Paul A. Magnuson. Counsel shall appear at the Clerks Office on the Second Floor of the Fort Myers U.S. Courthouse & Federal Building at the allotted time.(LAG, ) (Entered: 03/06/2007)
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Blank 92 Filed: 3/6/2007, Entered: 3/6/2007 Court Filing
PROTECTIVE ORDER OF CONFIDENTIALITY. Signed by Judge Sheri Polster Chappell on 3/6/2007. (lmh, ) (Entered: 03/06/2007)
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Blank 91 Filed: 3/6/2007, Entered: 3/6/2007 Court Filing
ORDER granting in part and denying in part 86 the Defendants Xcentric Ventures, LLC. And Ed Magedson's Amended Motion for Protective Order and to Quash Subpoena. See order for details. Signed by Judge Sheri Polster Chappell on 3/6/2007. (lmh, ) (Entered: 03/06/2007)
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Blank 90 Filed: 3/5/2007, Entered: 3/5/2007 Court Filing
MOTION to substitute attorney by all plaintiffs. (Lippman, Steven) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 03/05/2007)
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Blank 89 Filed: 3/5/2007, Entered: 3/5/2007 Court Filing
ORDER to comply with the administrative procedures regarding electronic filing. Signed by All Divisional District Judges on 3/5/2007. (Attachments: # 1)(LAG, ) (Entered: 03/05/2007)
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Blank 88 Filed: 3/2/2007, Entered: 3/2/2007
RESPONSE in opposition re 86 Amended MOTION for protective order and to quash subpoena filed by Whitney Information Network, Inc.. (Pancier, Michael) (Entered: 03/02/2007)
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Blank 87 Filed: 3/1/2007, Entered: 3/1/2007 Court Filing
ORDER granting the Motion for Substitution of Counsel 85 . See Order for Details. Signed by Judge Sheri Polster Chappell on 3/1/2007. (lmh, ) (Entered: 03/01/2007)
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Blank 86 Filed: 2/28/2007, Entered: 2/28/2007 Court Filing
Amended MOTION for protective order and to quash subpoena by Xcentric Ventures, LLC. (Attachments: # 1 Exhibit A-C)(Crockett, Denise) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 02/28/2007)
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Blank 85 Filed: 2/28/2007, Entered: 2/28/2007
STIPULATION for Substitution of Counsel by Whitney Information Network, Inc., Russ Whitney. (Lippman, Steven) (Entered: 02/28/2007)
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Blank 84 Filed: 2/27/2007, Entered: 2/27/2007
NOTICE of unavailability of counsel byXcentric Ventures, LLC from 3/16/07, 3/30/07-4/6/07 to 5/1/07-5/4/07. (Stack, Brian) (Entered: 02/27/2007)
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Blank 83 Filed: 2/23/2007, Entered: 2/23/2007 Court Filing
ORDER granting 81 Motion for protective order to the limited extent that the due date on the subpoena is extended until Tuesday, March 6, 2007. The Defendant has up to and including Wednesday, February 28, 2007, to file a more complete objection to the subpoena. The Plaintiff has up to and including Friday, March 2, 2007, to file a reply. Signed by Judge Sheri Polster Chappell on 2/23/2007. (Chappell, Sheri) (Entered: 02/23/2007)
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Blank 82 Filed: 2/23/2007, Entered: 2/23/2007 Court Filing
ORDER denying 57 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Paul A. Magnuson on 2/23/2007. (slu) (Entered: 02/23/2007)
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Blank 81 Filed: 2/23/2007, Entered: 2/23/2007 Court Filing
Emergency MOTION for protective order and to Quash Subpoena by Xcentric Ventures, LLC, Ed Magedson. (Stack, Brian) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 02/23/2007)
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Blank 80 Filed: 2/15/2007, Entered: 2/15/2007 Court Filing
AMENDED TRIAL CALENDAR for April trial term. Jury Trial set for trial term beginning 4/2/2007 before Judge Paul A. Magnuson. Signed by Judge John E. Steele on 2/15/2007. (drn) (Entered: 02/15/2007)
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Blank 79 Filed: 2/12/2007, Entered: 2/12/2007
Second MOTION to continue Pretrial Deadlines and Trial Pending Ruling on Defendants' Motion to Dismiss First Amended Complaint for Lack of Personal Jurisdiction by Whitney Information Network, Inc.. (Sackel, Matthew) (Entered: 02/12/2007)
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Blank 78 Filed: 2/9/2007, Entered: 2/9/2007 Court Filing
TRIAL CALENDAR for April trial term. Jury Trial set for trial term beginning 4/2/2007 at 09:00 AM before Judge Paul A. Magnuson. Signed by Judge John E. Steele on 2/8/2007. (slu) Modified on 2/9/2007 (slu). (Entered: 02/09/2007)
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Blank 77 Filed: 2/2/2007, Entered: 2/2/2007
MOTION to continue Pretrial Deadlines and Trial Pending Rules On Defendants' Motion to Dismiss First Amended Complaint for Lack of Personal Jurisdiction by Whitney Information Network, Inc.. (Sackel, Matthew) (Entered: 02/02/2007)
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Legal Document (Payment Possibly Required) 76 Filed: 1/3/2007, Entered: None Court Filing
NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for March 26, 2007 before an unassigned judge is rescheduled. New scheduling date and time: Final Pretrial Conference set for 3/26/2007 at 9:00 AM in Courtroom A before Judge John E. Steele; Jury Trial set for term commencing 4/2/2007 Judge John E. Steele. (RKM) (Entered: 01/03/2007)
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Blank 75 Filed: 11/13/2006, Entered: 11/13/2006 Court Filing
ORDER vacating 69 Order on Motion to Dismiss/Lack of Jurisdiction and 70 Judgment. The Clerk shall reopen the case and reactivate 58 defendants' Motion to Dismiss, which shall be addressed in due course. The case is set for a March 26, 2007, pretrial conference before the unassigned judge and the trial term commencing April 2, 2007. Signed by Judge John E. Steele on 11/13/2006. (RKM) (Entered: 11/13/2006)
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Blank 74 Filed: 9/1/2006, Entered: 9/1/2006
USCA judgment vacating the decision of the district court and remanding as to 72 Notice of appeal filed by Whitney Information Network, Inc. Entered on docket 08/01/06. USCA number: 06-11888. Issued as mandate: 08/01/06. (kma) (Entered: 09/01/2006)
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Blank 73 Filed: 4/28/2006, Entered: 4/28/2006
CERTIFICATE of readiness sent to USCA re: 72 Notice of appeal,. ROA consists of: volume of pleadings: 3 USCA number: 06-11888EE (kma) (Entered: 04/28/2006)
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Blank 72 Filed: 3/16/2006, Entered: 3/17/2006
NOTICE OF APPEAL as to 70 Judgment, 69 Order on Motion to Dismiss/Lack of Jurisdiction, by Whitney Information Network, Inc.. Filing fee $ 255, receipt number F007638. (Attachments: # 1 Exhibit Order 69 # 2 Exhibit Judgment 70 )(slu) (Entered: 03/17/2006)
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Blank 71 Filed: 2/17/2006, Entered: 2/17/2006
NOTICE of filing exhibit D to defendants' motion to dismiss plaintiffs' first amended complaint for lack of personal jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson (refer to court file for exhibit) (slu) (Entered: 02/17/2006)
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Blank 70 Filed: 2/16/2006, Entered: 2/16/2006
JUDGMENT in favor of Xcentric Ventures, LLC and Badbusinessbureau.org and Ed Magedson against Whitney Information Network, Inc. (Signed by Deputy Clerk) (slu) (Entered: 02/16/2006)
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Blank 69 Filed: 2/15/2006, Entered: 2/15/2006 Court Filing
ORDER granting 58 Motion to Dismiss for Lack of Personal Jurisdiction. This matter is dismissed with prejudice. The clerk is directed to enter judgment accordingly and close the file. The clerk is further directed to terminate all previously scheduled deadlines and pending motions. See order for details. Signed by Judge Virginia M. Hernandez Covington on 2/15/2006. (agm) (Entered: 02/15/2006)
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Blank 68 Filed: 2/13/2006, Entered: 2/13/2006
NOTICE of unavailability of counsel byWhitney Information Network, Inc. from March 6-10; April 10; April 29-May 8. (Rosenfeldt, Stuart) (Entered: 02/13/2006)
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Blank 67 Filed: 2/13/2006, Entered: 2/13/2006
NOTICE of change of address by Stuart A. Rosenfeldt (Rosenfeldt, Stuart) (Entered: 02/13/2006)
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Blank 66 Filed: 2/6/2006, Entered: 2/6/2006 Court Filing
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 8/11/2006. Final Pretrial Conference set for 9/11/2006 09:30 AM in Courtroom B before Judge Virginia M. Hernandez Covington. Jury Trial set for term commencing 10/2/2006 before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 2/6/2006. (laf) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 65 Filed: 2/3/2006, Entered: None Court Filing
ENDORSED ORDER granting 64 Motion to Modify Case Management and Scheduling Order and to Extend Pretrial Deadlines and Trial. Plaintiff's request for a six month extension of the remaining pretrial deadlines, including the discovery deadline, and trial is granted. Signed by Judge Virginia M. Hernandez Covington on 2/3/2006. (agm) (Entered: 02/03/2006)
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Blank 64 Filed: 1/30/2006, Entered: 1/30/2006
MOTION to modify Case Management and Scheduling Order and to Extend Pretrial Deadlines and Trial by Whitney Information Network, Inc.. (Rosenfeldt, Stuart) (Entered: 01/30/2006)
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Legal Document (Payment Possibly Required) 63 Filed: 11/22/2005, Entered: None Court Filing
ENDORSED ORDER granting 61 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Motion to Dismiss. Signed by Judge Virginia M. Hernandez Covington on 11/22/2005. (agm) (Entered: 11/22/2005)
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Blank 62 Filed: 11/22/2005, Entered: 11/22/2005
MEMORANDUM in opposition re 57 Motion to Dismiss/Lack of Jurisdiction filed by Whitney Information Network, Inc.. (Rosenfeldt, Stuart) (Entered: 11/22/2005)
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Blank 61 Filed: 11/18/2005, Entered: 11/18/2005
Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Whitney Information Network, Inc.. (Dolin, Susan) (Entered: 11/18/2005)
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Legal Document (Payment Possibly Required) 60 Filed: 11/14/2005, Entered: None Court Filing
ENDORSED ORDER granting 59 Motion for Extension of Time to File Response/Reply. Signed by Judge Virginia M. Hernandez Covington on 11/14/2005. (agm) (Entered: 11/14/2005)
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Blank 59 Filed: 11/10/2005, Entered: 11/10/2005
Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Dismiss for Lack of Jurisdiction, 58 MOTION to Dismiss for Lack of Jurisdiction by Whitney Information Network, Inc.. (Pancier, Michael) (Entered: 11/10/2005)
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Blank 58 Filed: 10/21/2005, Entered: 10/21/2005 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E)(Stack, Brian) (Entered: 10/21/2005)
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Blank 57 Filed: 10/21/2005, Entered: 10/21/2005 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Stack, Brian) (Entered: 10/21/2005)
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Blank 56 Filed: 9/27/2005, Entered: 9/27/2005
AMENDED COMPLAINT against all defendants, filed by Whitney Information Network, Inc..(Dolin, Susan) (Entered: 09/27/2005)
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Blank 55 Filed: 8/24/2005, Entered: 8/24/2005 Court Filing
ORDER granting 54 the Plaintiff's Corrected Unopposed Motion for Enlargement of Time to File Its Amended Complaint. The Plaintiff shall have up to and including SEPTEMBER 27, 2005 to file the amended complaint. Signed by Judge Sheri Polster Chappell on 8/24/2005. (lmh, ) (Entered: 08/24/2005)
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Blank 54 Filed: 8/22/2005, Entered: 8/22/2005
First MOTION for Extension of Time to Amend 1 Complaint by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) (Entered: 08/22/2005)
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Blank 53 Filed: 8/17/2005, Entered: 8/17/2005
First MOTION for Extension of Time to Amend Complaint by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) Modified on 8/18/2005 (slu). ERROR - incorrect attachment; Counsel notified; Motion terminated (Entered: 08/17/2005)
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Blank 52 Filed: 8/3/2005, Entered: 8/3/2005 Court Filing
ORDER granting in part and denying in part 51 Plaintiffs' Motion for Reconsideration. Plaintiffs' Motion 51 is DENIED as to Reconsideration of Order on Defendants' Motion to Dismiss, and GRANTED as to Motion for Clarification of Order and Unopposed Motion for Enlargement of Time to File Amended Complaint. The Court's Order 49 dismissing the case without prejudice provides the Plaintiffs with an opportunity to file an amended complaint. The Plaintiffs are hereby granted a TEN DAY extension of time from the date of this Order in which Plaintiffs may file an amended complaint. The Clerk is directed to reopen the file. Signed by Judge Virginia M. Hernandez Covington on 8/3/2005. (mem) (Entered: 08/03/2005)
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Blank 51 Filed: 7/28/2005, Entered: 7/28/2005
First MOTION for reconsideration OF ORDER ON DEFENDANTS' MOTION TO DISMISS by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) Modified on 7/29/2005 (slu). (Entered: 07/28/2005)
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Blank 50 Filed: 7/18/2005, Entered: 7/18/2005
JUDGMENT in favor of Xcentric Ventures, LLC, Badbusinessbureau.org and Ed Magedson against Whitney Information Network, Inc. and Russ Whitney (Signed by Deputy Clerk) (slu) (Entered: 07/18/2005)
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Blank 49 Filed: 7/14/2005, Entered: 7/18/2005 Court Filing
ORDER granting [26-2 and 27-1] Defendant's Second Motion to Dismiss - Failure to State a Claim, denying 28 Plaintiff's Motion to Strike. The Complaint 1 is hereby DISMISSED WITHOUT PREJUDICE as to all Defendants. The Clerk is directed to enter judgment accordingly and close the file. The Clerk is further directed to terminate all previously scheduled deadlines and pending motions. Signed by Judge Virginia M. Hernandez Covington on 7/14/2005. (mem) (Entered: 07/18/2005)
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Blank 48 Filed: 7/8/2005, Entered: 7/11/2005
NOTICE of unavailability of counsel by Whitney Information Network, Inc., Russ Whitney from July 15, 2005 through August 1, 2005. (js) (Entered: 07/11/2005)
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Legal Document (Payment Possibly Required) 47 Filed: 6/14/2005, Entered: None Court Filing
NOTICE of Hearing: Final Pretrial Conference set for 3/2/2006 09:30 AM before Judge Virginia M. Hernandez Covington. (laf) (Entered: 06/14/2005)
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Blank 46 Filed: 4/27/2005, Entered: 4/27/2005
NOTICE by Whitney Information Network, Inc., Russ Whitney of Selection of Mediator (Kitterman, Christina) (Entered: 04/27/2005)
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Blank 45 Filed: 3/28/2005, Entered: 3/31/2005
NOTICE of unavailability of counsel by Whitney Information Network, Inc., Russ Whitney from May 23, 2005 to May 25,2005 and June 16, 2005 to June 17, 2005 (js) (Entered: 03/31/2005)
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Blank 44 Filed: 3/21/2005, Entered: 3/21/2005 Court Filing
ORDER granting 43 he Unopposed Motion of Maria Crimi Speth and Jonathan P. Ibsen to Appear Pro Hac Vice. See Order for Details. Signed by Judge Sheri Polster Chappell on 3/21/2005. (lmh, ) (Entered: 03/21/2005)
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Blank 43 Filed: 3/19/2005, Entered: 3/19/2005 Motion to Appear Pro Hac Vice
MOTION to appear pro hac vice by Michael L. Gore by on behalf of Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) (Entered: 03/19/2005)
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Blank 42 Filed: 3/17/2005, Entered: 3/17/2005 Court Filing
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri Polster Chappell on 3/17/2005. (LAG, ) (Entered: 03/17/2005)
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Blank 41 Filed: 2/15/2005, Entered: 2/15/2005
CASE MANAGEMENT REPORT. (Kitterman, Christina) (Entered: 02/15/2005)
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Blank 40 Filed: 2/7/2005, Entered: 2/7/2005 Court Filing
ORDER granting 39 Motion to substitute attorney. Added attorney Michael L. Gore for defendants. Attorney James A. Weinkle terminated . Signed by Judge Sheri Polster Chappell on 2/4/2005. (LAG, ) (Entered: 02/07/2005)
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Blank 39 Filed: 2/4/2005, Entered: 2/4/2005
Unopposed MOTION to substitute attorney for Defendants by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson. (Gore, Michael) (Entered: 02/04/2005)
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Blank 38 Filed: 2/4/2005, Entered: 2/4/2005
NOTICE of Appearance by Michael L. Gore on behalf of all defendants (Gore, Michael) (Entered: 02/04/2005)
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Blank 37 Filed: 1/20/2005, Entered: 1/20/2005 Court Filing
ORDER granting 36 the Plaintiff?s First Motion for Permission to Conduct the Case Management Report Meeting Telephonically. Signed by Judge Sheri Polster Chappell on 1/20/2005. (lmh, ) (Entered: 01/20/2005)
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Blank 36 Filed: 1/18/2005, Entered: 1/18/2005
First MOTION Plaintiffs' Unopposed Motion for Permission to Conduct the Case Management Report Meeting Telephonically by Whitney Information Network, Inc., Russ Whitney. (Kitterman, Christina) (Entered: 01/18/2005)
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Blank 35 Filed: 11/19/2004, Entered: 11/19/2004
NOTICE of unavailability of counsel by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC from 11/23/04 and 12/23/04 to 11/26/04 and 12/31/04. (Weinkle, James) (Entered: 11/19/2004)
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Blank 34 Filed: 11/8/2004, Entered: 11/9/2004
Re-NOTICE of unavailability of counsel by Russ Whitney, Whitney Information Network, Inc. from 02/28/05 to 03/04/05. (js,) (Entered: 11/09/2004)
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Blank 33 Filed: 11/1/2004, Entered: 11/4/2004
NOTICE of unavailability of counsel by Russ Whitney, Whitney Information Network, Inc. from 2-28-05 to 03-04-04. Attorney notified of incorrect date (js, ) (Entered: 11/04/2004)
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Blank 32 Filed: 10/27/2004, Entered: 10/27/2004
RESPONSE in opposition re 28 First MOTION to strike 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Talarchyk, Tina) (Entered: 10/27/2004)
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Blank 31 Filed: 10/26/2004, Entered: 10/26/2004
NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC Substitution of Local Counsel (Talarchyk, Tina) (Entered: 10/26/2004)
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Blank 30 Filed: 10/15/2004, Entered: 10/15/2004 Court Filing
ORDER granting 29 the Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendants' Second Motion to Dismiss for Failure to State a Claim Pending a Ruling by the Court on Plaintiff's Motion to Strike. The Plaintiff's shall have twenty (20) days from the date the Court rules on the pending Motion to Strike (Doc. #28). Signed by Judge Sheri Polster Chappell on 10/14/2004. (lmh, ) (Entered: 10/15/2004)
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Blank 29 Filed: 10/13/2004, Entered: 10/13/2004
First MOTION for Extension of Time to File Response/Reply as to 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) (Entered: 10/13/2004)
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Blank 28 Filed: 10/13/2004, Entered: 10/13/2004
First MOTION to strike 26 Second MOTION to dismiss the Complaint, 27 Notice (Other), Notice (Other) by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) (Entered: 10/13/2004)
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Blank 27 Filed: 9/27/2004, Entered: 9/27/2004
NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC re 26 Second MOTION to dismiss the Complaint (Attachments: # 1 Errata Corrected Second Motion to Dismiss-Failure to State A Claim With Supporting Memorandum of Law)(Weinkle, James) (Entered: 09/27/2004)
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Blank 26 Filed: 9/21/2004, Entered: 9/21/2004
Second MOTION to dismiss the Complaint by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Weinkle, James) The .pdf image of the corrected motion entered as an attachment to 27 has been added on 7/7/2005 (kma). (Entered: 09/21/2004)
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Legal Document (Payment Possibly Required) 25 Filed: 9/20/2004, Entered: None Court Filing
Case reassigned to Judge Virginia M. Hernandez Covington. Judge John E. Steele no longer assigned to the case. New case number: 2:04-cv-47-FTM-33SPC (LAG, ) (Entered: 09/20/2004)
Request RequestSpace LREF
Blank 24 Filed: 9/8/2004, Entered: 9/8/2004 Court Filing
ORDER denying 6 Motion to dismiss. Signed by Judge John E. Steele on 9/8/2004. (RKM) (Entered: 09/08/2004)
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Blank 23 Filed: 8/26/2004, Entered: 8/26/2004
REPLY to response to motion re 6 Motion to dismiss For Lack of Personal Jurisdiction filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Attachments: # 1 Exhibit Declaration Of Ed Magedson)(Weinkle, James) (Entered: 08/26/2004)
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Blank 22 Filed: 8/16/2004, Entered: 8/19/2004
AFFIDAVIT of Scott Durkin re: 18 Memorandum in opposition by Russ Whitney, Whitney Information Network, Inc.. (lap, ) (Entered: 08/19/2004)
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Blank 21 Filed: 8/16/2004, Entered: 8/19/2004
NOTICE of filing affidavit of Scott Durkin by Russ Whitney, Whitney Information Network, Inc. re 18 Memorandum in opposition (lap, ) (Entered: 08/19/2004)
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Blank 20 Filed: 8/17/2004, Entered: 8/17/2004 Court Filing
ORDER granting 19 Unopposed Motion for Leave to File Reply to Plaintiffs' Opposition Response to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, filed by Ed Magedson, Xcentric Ventures, LLC, Badbusinessbureau.org. Defendants may file a Reply not to exceed five pages within ten days. Signed by Judge John E. Steele on 8/17/2004. (RKM) (Entered: 08/17/2004)
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Blank 19 Filed: 8/17/2004, Entered: 8/17/2004
REPLY to response to motion re 6 Motion to dismiss Unopposed Motion For Leave to File Reply To Plaintiff's Opposition Response to Defendants' Motion To Dismiss For Lack of Personal Jurisdiction filed by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC. (Weinkle, James) (Entered: 08/17/2004)
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Blank 18 Filed: 8/5/2004, Entered: 8/6/2004
MEMORANDUM in opposition re 6 Motion to dismiss filed by Russ Whitney, Whitney Information Network, Inc.. (Attachments: # 1 continuation of document)(lap, ) (Entered: 08/06/2004)
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Blank 17 Filed: 8/3/2004, Entered: 8/4/2004
RETURN of service executed 6/8/04 to registered agent JohnGoodson filed by Russ Whitney, Whitney Information Network, Inc.. as to Xcentric Ventures, LLC. (jlh, ) (Entered: 08/04/2004)
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Blank 16 Filed: 7/30/2004, Entered: 7/30/2004 Court Filing
ORDER granting 15 Motion for Extension of Time to File Response on or before August 4, 2004. Signed by Judge John E. Steele on 7/30/2004. (RKM) (Entered: 07/30/2004)
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Blank 15 Filed: 7/30/2004, Entered: 7/30/2004
Second MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss Complaint for Lack of Personal Jurisdiction by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) (Entered: 07/30/2004)
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Blank 14 Filed: 7/20/2004, Entered: 7/20/2004
NOTICE by Badbusinessbureau.org, Ed Magedson, Xcentric Ventures, LLC re 11 Order - Notice of Filing Certificate of Interested Persons and Corporate Disclosure Statement (Attachments: # 1 Certificate of Interested Persons and Corporate Disclosure Statement)(Weinkle, James) (Entered: 07/20/2004)
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Blank 13 Filed: 7/16/2004, Entered: 7/16/2004 Court Filing
ORDER granting 12 Motion for Extension of Time to File a Response. Plaintiffs shall file a response on or before July 30, 2004. Signed by Judge John E. Steele on 7/16/2004. (RKM) (Entered: 07/16/2004)
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Blank 12 Filed: 7/15/2004, Entered: 7/15/2004
First MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss Complaint for Lack of Personal Jurisdiction by Russ Whitney, Whitney Information Network, Inc.. (Kitterman, Christina) (Entered: 07/15/2004)
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Blank 11 Filed: 7/1/2004, Entered: 7/2/2004 Court Filing
INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 07/02/2004)
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Blank 10 Filed: 6/30/2004, Entered: 7/2/2004
AFFIDAVIT of Edward Magedson by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson Re: [6-1] motion to dismiss complaint (lap) (Entered: 07/02/2004)
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Blank 9 Filed: 6/30/2004, Entered: 7/2/2004
NOTICE of filing affidavit of Ed Magedson by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson (lap) (Entered: 07/02/2004)
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Blank 8 Filed: 6/28/2004, Entered: 6/30/2004
RULE 7.1 Disclosure statement by Xcentric Ventures, Badbusinessbureau.or (lap) (Entered: 06/30/2004)
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Blank 7 Filed: 6/28/2004, Entered: 6/30/2004
NOTICE of filing affidavit of Ed Magedson in support of motion to dismiss by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson (lap) Modified on 07/02/2004 (Entered: 06/30/2004)
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Blank 6 Filed: 6/28/2004, Entered: 6/30/2004
MOTION by Xcentric Ventures, Badbusinessbureau.or, Ed Magedson with memorandum in support to dismiss complaint (lap) (Entered: 06/30/2004)
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Blank 5 Filed: 2/13/2004, Entered: 2/18/2004
CERTIFICATE OF COMPLIANCE by Whitney Information, Russ Whitney Re: [2-1] order (lap) (Entered: 02/18/2004)
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Blank 4 Filed: 2/13/2004, Entered: 2/18/2004
NOTICE by Whitney Information, Russ Whitney of pendency of other actions re: order of compliance to local rule (lap) (Entered: 02/18/2004)
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Blank 3 Filed: 1/30/2004, Entered: 2/3/2004
NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lap) (Entered: 02/03/2004)
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Blank 2 Filed: 1/30/2004, Entered: 2/3/2004 Court Filing
INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 02/03/2004)
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Blank 1 Filed: 1/27/2004, Entered: 1/28/2004
COMPLAINT filed; jury demand Filing fee $ 150.00 Receipt # F004807 (sll) (Entered: 01/28/2004)
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