Michael R. Nack v. Reed Elsevier, Inc.
Federal Civil Lawsuit Missouri Eastern District Court, Case No. 4:12-cv-00780-AGF

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No Logo Michael R. Nack, Plaintiff

Toggle Switch Represented by Anderson & Wanca

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Ryan M Kelly +1 847 368 1500 rkelly@andersonwanca.com
ATTORNEY TO BE NOTICED Brian John Wanca +1 847 368 1500 +1 847 368 1501 bwanca@andersonwanca.com

Toggle Switch Represented by Margulis Law Group

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Max G. Margulis +1 314 434 8502 +1 314 434 8451 MaxMargulis@margulislaw.com
v.
Reed Elsevier, Inc. Reed Elsevier, Inc., Defendant

Toggle Switch Represented by Husch Blackwell LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 10/29/2012, LEAD ATTORNEY Theodore R. Bynum, III +1 314 480 1500 +1 314 480 1505 t.r.bynum@huschblackwell.com
ATTORNEY TO BE NOTICED, TERMINATED: 10/29/2012, LEAD ATTORNEY John T. Richmond, Jr. +1 314 480 1500 +1 314 480 1505 john.richmond@huschblackwell.com

Toggle Switch Represented by Loeb & Loeb LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jason Patrick Stiehl +1 312 464 3100 jstiehl@loeb.com

Toggle Switch Represented by Seyfarth Shaw LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jordan P. Vick +1 312 460 5569 jvick@seyfarth.com
Citation Section 47 U.S.C. § 0227
Nature of Suit 890 - Other Statutes: Other Statutory Actions
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Legal Document (Payment Possibly Required) 51 Filed: 4/10/2013, Entered: None Unknown Document TypeCourt Filing
Docket Text ORDER Re: 50 Motion to Dismiss Case stipulated without prejudice by Plaintiff Michael R. Nack; SO ORDERED. Signed by District Judge Audrey G. Fleissig on April 10, 2013. (SAA) (Entered: 04/10/2013)
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    Legal Document (Payment Possibly Required) 50 Filed: 4/10/2013, Entered: None Unknown Document Type
    MOTION to Dismiss Case stipulated without prejudice by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 04/10/2013)
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      Legal Document (Payment Possibly Required) 49 Filed: 3/15/2013, Entered: None Unknown Document TypeCourt Filing
      ORDER IT IS HEREBY ORDERED that the parties shall file, on or before April 15, 2013, dismissal papers dismissing the case. Failure to comply may result in the dismissal of the case by the Court. Dismissal Paper(s) due by 4/15/2013. Signed by District Judge Audrey G. Fleissig on 3/15/2013. (NCL) (Entered: 03/15/2013)
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        Legal Document (Payment Possibly Required) 48 Filed: 3/15/2013, Entered: None Unknown Document Type
        ADR COMPLIANCE REPORT by Neutral: Sher, Richard P.. Date of Conference: 2/1/13. The parties participated in good faith. The parties achieved a settlement.(LSD) (Entered: 03/15/2013)
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          Legal Document (Payment Possibly Required) 47 Filed: 2/25/2013, Entered: None Unknown Document TypeCourt Filing
          ORDER IT IS HEREBY ORDERED that in light of the Case Management Order (CMO)entered in this case on August 21, 2012, Plaintiff=s pending motions for class certification (Doc. No. 19 and Doc. No. 35) are DENIED without prejudice. The Court assumes that Plaintiff will file a new motion for class certification consistent with the deadline set forth in the CMO. denying 19 Motion to Certify Class Signed by District Judge Audrey G. Fleissig on 2/25/13. (JWJ) (Entered: 02/25/2013)
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            Legal Document (Payment Possibly Required) 46 Filed: 12/20/2012, Entered: None Unknown Document TypeCourt Filing
            ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Max Margulis ADR Completion Deadline due by 2/28/2013. ADR Compliance Report Deadline due by 3/14/2013. Designation of Neutral due by 1/17/2013. ADR Conference Schedule due by 1/17/2013. Signed by District Judge Audrey G. Fleissig on 12/20/2012. (NCL) (Entered: 12/20/2012)
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              Legal Document (Payment Possibly Required) 45 Filed: 11/16/2012, Entered: None Unknown Document Type
              NOTICE of Appointment of Neutral. Neutral name: Sher, Richard P. Neutral selected by Parties (copy to neutral by email)(LSD) (Entered: 11/16/2012)
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                Legal Document (Payment Possibly Required) 44 Filed: 11/15/2012, Entered: None Unknown Document Type
                Designation of Neutral by parties and ADR Conference Report by Plaintiff Michael R. Nack Neutral: Sher, Richard P. Date of Conference: February 1, 2013 time: 10 am Location: Sher Corwin Winters, LLC, 190 Carondelet Plaza, Ste 1100, St. Louis, MO 63105(Margulis, Max) (Entered: 11/15/2012)
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                  Legal Document (Payment Possibly Required) 43 Filed: 11/15/2012, Entered: None Unknown Document TypeCourt Filing
                  AGREED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the following Protective Order shall govern the handling of all discovery in the above-captioned action (the "Action"): 1. Scope of Order. This Protective Order (the "Order") shall govern the use and disclosure of all confidential, proprietary or trade secret information ("Protected Information")produced by or on behalf of any party, provided by third-parties......SEE ORDER FOR COMPLETE DETAILS. Signed by District Judge Audrey G. Fleissig on 11/15/2012. (NCL) (Entered: 11/15/2012)
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                    Legal Document (Payment Possibly Required) 42 Filed: 11/14/2012, Entered: None Unknown Document Type
                    MOTION for Protective Order Agreed by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 11/14/2012)
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                      Legal Document (Payment Possibly Required) 41 Filed: 10/26/2012, Entered: None Unknown Document TypeCourt Filing
                      Docket Text ORDER Re: 39 Motion to Withdraw as Attorney Theodore R. Bynum III & John t. Richmond Jr. of Husch Blackwell LLP by Defendant Reed Elsevier, Inc.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on October 26, 2012. (SAA) (Entered: 10/26/2012)
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                        Legal Document (Payment Possibly Required) 40 Filed: 10/25/2012, Entered: None Unknown Document Type
                        ENTRY of Appearance by Jason P. Stiehl for Defendant Reed Elsevier, Inc.. (Stiehl, Jason) (Entered: 10/25/2012)
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                          Legal Document (Payment Possibly Required) 39 Filed: 10/25/2012, Entered: None Unknown Document Type
                          MOTION to Withdraw as Attorney Theodore R. Bynum III & John t. Richmond Jr. of Husch Blackwell LLP by Defendant Reed Elsevier, Inc.. (Bynum, Theodore) (Entered: 10/25/2012)
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                            Legal Document (Payment Possibly Required) 38 Filed: 9/13/2012, Entered: None Unknown Document Type
                            ENTRY of Appearance by Jodan P. Vick for Defendant Reed Elsevier, Inc.. (Vick, Jodan) (Entered: 09/13/2012)
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                              Legal Document (Payment Possibly Required) 37 Filed: 8/21/2012, Entered: None Unknown Document TypeCourt Filing
                              CASE MANAGEMENT ORDER This case is assigned to Track: 2 (Standard) Motion to Join Parties due by 12/14/2012. Discovery Completion due by 7/19/2013. ADR Future Reference 12/28/2012. Dispositive Motions due by 7/31/2013. Bench Trial set for 12/09/2013 09:00 AM before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 8/21/2012. (NCL) Modified docket text on 10/5/2012 (NCL). (Entered: 08/21/2012)
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                                Legal Document (Payment Possibly Required) 36 Filed: 8/20/2012, Entered: None Unknown Document TypeCourt Filing
                                Minute Entry for proceedings held before District Judge Audrey G. Fleissig: Rule 16 Conference held on 8/20/2012. Conference held in person. Case Management Order to issue. (FTR Gold: No.) (KSM) (Entered: 08/20/2012)
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                                  Legal Document (Payment Possibly Required) 35 Filed: 8/14/2012, Entered: None Unknown Document Type
                                  MOTION to Certify Class by Plaintiff Michael R. Nack. (JWJ) (Entered: 08/14/2012)
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                                    Legal Document (Payment Possibly Required) 34 Filed: 8/14/2012, Entered: None Unknown Document TypeCourt Filing
                                    MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion (Doc. No. 30) to strike Docket Entry No. 7 and Docket Entry No. 18 is GRANTED to the following extent: Doc. No. 7 is stricken, and this Courts Order of June 7, 2012 (Doc. No. 18) is VACATED. IT IS FURTHER ORDERED that Plaintiffs motion for class certification (Exhibit 2 to Doc. No. 31-2) that was filed in state court prior to removal of this action shall be entered on the docket sheet as a Motion, replacing what was filed as Doc. No. 7, and shall be DENIED as moot in light of the filing by Plaintiff of a new motion (Doc. No. 19) for classcertification. IT IS FURTHER ORDERED that Defendants motion (Doc. No. 22) to dismiss the case as moot based upon Plaintiffs rejection of an offer of judgment that did not address class relief is DENIED, without prejudice. The Court improvidently entered the Order dated June 7, 2012. Accordingly, Defendants motion to dismiss is without merit. See Alpern v. UtiliCorp United, Inc., 84 F.3d 1525, 1539 (8th Cir. 1996) (Judgment should be enteredagainst a putative class representative on a defendants offer of payment only where class certification has been properly denied.) IT IS FURTHER ORDERED that Plaintiffs motion (Doc. No. 20) for relief from briefing requirements as to Plaintiffs new motion for class certification is GRANTED. The briefing schedule will be discussed and determined at the August 20, 2012 Rule 16 conference in this case.. Signed by District Judge Audrey G. Fleissig on 8/14/12. (JWJ) (Entered: 08/14/2012)
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                                      Legal Document (Payment Possibly Required) 33 Filed: 8/13/2012, Entered: None Unknown Document Type
                                      JOINT SCHEDULING PLAN by Plaintiff Michael R. Nack. . (Margulis, Max) (Entered: 08/13/2012)
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                                        Legal Document (Payment Possibly Required) 32 Filed: 8/8/2012, Entered: None Unknown Document Type
                                        RESPONSE to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Michael R. Nack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Margulis, Max) (Entered: 08/08/2012)
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                                          Legal Document (Payment Possibly Required) 31 Filed: 8/8/2012, Entered: None Unknown Document Type
                                          MEMORANDUM in Support of Motion re 30 MOTION to Strike Doc 7 from the Record based on FRCP 60(a) & Doc 18 from the Record based on FRCP 60(b)(1) or in the alt FRCP 60(b)(6) filed by Plaintiff Michael R. Nack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Margulis, Max) (Entered: 08/08/2012)
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                                            Legal Document (Payment Possibly Required) 30 Filed: 8/8/2012, Entered: None Unknown Document Type
                                            MOTION to Strike Doc 7 from the Record based on FRCP 60(a) & Doc 18 from the Record based on FRCP 60(b)(1) or in the alt FRCP 60(b)(6) by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 08/08/2012)
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                                              Legal Document (Payment Possibly Required) 29 Filed: 8/7/2012, Entered: None Unknown Document Type
                                              MEMORANDUM in Support of Motion re 28 MOTION to Strike 18 Order,, and Doc 7 from the record filed by Plaintiff Michael R. Nack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Margulis, Max) [Attorney filing error. Wrong document attached. Attorney notified and instructed to refile the appropriate document. Modified on 8/8/2012 (MRC).] (Entered: 08/07/2012)
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                                                Legal Document (Payment Possibly Required) 28 Filed: 8/7/2012, Entered: None Unknown Document Type
                                                MOTION to Strike 18 Order,, and Doc 7 from the record by Plaintiff Michael R. Nack. (Margulis, Max) [Attorney filing error. Wrong document attached. Attorney notified and instructed to refile the appropriate document. Modified on 8/8/2012 (MRC).] (Entered: 08/07/2012)
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                                                  Legal Document (Payment Possibly Required) 27 Filed: 8/1/2012, Entered: None Unknown Document TypeCourt Filing
                                                  Docket Text ORDER Re: 26 Second MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction, 23 Memorandum in Support of Motion, with consent of Defendant by Plaintiff Michael R. Nack (Margulis, Max) filed by Michael R. Nack; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 1, 2012. (SAA) (Entered: 08/01/2012)
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                                                    Legal Document (Payment Possibly Required) 26 Filed: 7/31/2012, Entered: None Unknown Document Type
                                                    Second MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction, 23 Memorandum in Support of Motion, with consent of Defendant by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 07/31/2012)
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                                                      Legal Document (Payment Possibly Required) 25 Filed: 7/17/2012, Entered: None Unknown Document Type
                                                      Docket Text ORDER Re: 24 Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction, 23 Memorandum in Support of Motion, by Plaintiff Michael R. Nack. (Margulis, Max) filed by Michael R. Nack; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on July 17, 2012. (SAA) (Entered: 07/17/2012)
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                                                        Legal Document (Payment Possibly Required) 24 Filed: 7/16/2012, Entered: None Unknown Document Type
                                                        Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction, 23 Memorandum in Support of Motion, by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 07/16/2012)
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                                                          Legal Document (Payment Possibly Required) 23 Filed: 7/11/2012, Entered: None Unknown Document Type
                                                          MEMORANDUM in Support of Motion re 22 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Reed Elsevier, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bynum, Theodore) (Entered: 07/11/2012)
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                                                            Legal Document (Payment Possibly Required) 22 Filed: 7/11/2012, Entered: None Unknown Document Type
                                                            MOTION to Dismiss for Lack of Jurisdiction by Defendant Reed Elsevier, Inc.. (Bynum, Theodore) (Entered: 07/11/2012)
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                                                              Legal Document (Payment Possibly Required) 21 Filed: 6/27/2012, Entered: None Unknown Document Type
                                                              RULE 16 ORDER This case is assigned to Track: 2 (Standard) Joint Scheduling Plan due by 8/13/2012. Rule 16 Conference set for 8/20/2012 10:30 AM in Chambers before Honorable Audrey G. Fleissig. Signed by Honorable Audrey G. Fleissig on 6/27/2012. (NCL) (Entered: 06/27/2012)
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                                                                Legal Document (Payment Possibly Required) 20 Filed: 6/26/2012, Entered: None Unknown Document Type
                                                                MOTION for Relief from Briefing Requirements of Local Rule 7.0 as to Plaint's Motion for Class Certification by Plaintiff Michael R. Nack. (Attachments: # 1 Exhibit A)(Margulis, Max) (Entered: 06/26/2012)
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                                                                  Legal Document (Payment Possibly Required) 19 Filed: 6/26/2012, Entered: None Unknown Document Type
                                                                  MOTION to Certify Class by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 06/26/2012)
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                                                                    Legal Document (Payment Possibly Required) 18 Filed: 6/7/2012, Entered: None Unknown Document Type
                                                                    ORDER - IT IS HEREBY ORDERED that Plaintiff's motion for class certification (Doc. No.7) is DENIED, as it fails to demonstrate that Plaintiff has met the prerequisites for class certification under Federal Rule of Civil Procedure 23. (See Eisen v. Carlisle & Jacquelin, 417 US 156,178(10974) ("In determining the propriety of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met."). Signed by Honorable Audrey G. Fleissig on 6/7/2012. (MRC) (Entered: 06/07/2012)
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                                                                      Legal Document (Payment Possibly Required) 17 Filed: 5/31/2012, Entered: None Unknown Document Type
                                                                      Defendant's ANSWER to Complaint and Affirmative Defenses to Class Action Petition by Reed Elsevier, Inc..(Bynum, Theodore) (Entered: 05/31/2012)
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                                                                        Legal Document (Payment Possibly Required) 16 Filed: 5/14/2012, Entered: None Unknown Document Type
                                                                        Docket Text ORDER Re: 15 MOTION to Dismiss without Prejudice :Count II and Count III of Plaintiff's Petition by Plaintiff Michael R. Nack. (Margulis, Max) filed by Michael R. Nack; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 14, 2012. (SAA) (Entered: 05/14/2012)
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                                                                          Legal Document (Payment Possibly Required) 15 Filed: 5/10/2012, Entered: None Unknown Document Type
                                                                          MOTION to Dismiss without Prejudice :Count II and Count III of Plaintiff's Petition by Plaintiff Michael R. Nack. (Margulis, Max) (Entered: 05/10/2012)
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                                                                            Legal Document (Payment Possibly Required) 14 Filed: 5/10/2012, Entered: None Unknown Document Type
                                                                            DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Michael R. Nack. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (Margulis, Max) (Entered: 05/10/2012)
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                                                                              Legal Document (Payment Possibly Required) 13 Filed: 5/9/2012, Entered: None Unknown Document Type
                                                                              Docket Text ORDER Re: 11 MOTION for Leave to Appear Pro Hac Vice Brian J. Wanca (Filing fee $100 receipt number 0865-3271273) by Plaintiff Michael R. Nack (Wanca, Brian) filed by Michael R. Nack; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 9, 2012. (SAA) (Entered: 05/09/2012)
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                                                                                Legal Document (Payment Possibly Required) 12 Filed: 5/9/2012, Entered: None Unknown Document Type
                                                                                Docket Text ORDER Re: 10 MOTION for Leave to Appear Pro Hac Vice Ryan M. Kelly (Filing fee $100 receipt number 0865-3271261) by Plaintiff Michael R. Nack (Kelly, Ryan) filed by Michael R. Nack; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 9, 2012. (SAA) (Entered: 05/09/2012)
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                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 5/8/2012, Entered: None Unknown Document Type
                                                                                  MOTION for Leave to Appear Pro Hac Vice Brian J. Wanca (Filing fee $100 receipt number 0865-3271273) by Plaintiff Michael R. Nack. (Wanca, Brian) (Entered: 05/08/2012)
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                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 5/8/2012, Entered: None Unknown Document Type
                                                                                    MOTION for Leave to Appear Pro Hac Vice Ryan M. Kelly (Filing fee $100 receipt number 0865-3271261) by Plaintiff Michael R. Nack. (Kelly, Ryan) (Entered: 05/08/2012)
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                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 5/8/2012, Entered: None Unknown Document Type
                                                                                      Docket Text ORDER Re: 3 MOTION for Extension of Time to File Answer to Plaintiff's Petition by Defendant Reed Elsevier, Inc. (Bynum, Theodore) filed by Reed Elsevier, Inc.; ORDERED GRANTED. Signed by Honorable Audrey G. Fleissig on May 8, 2012. (SAA) (Entered: 05/08/2012)
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                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 5/4/2012, Entered: None Unknown Document Type
                                                                                        ENTRY of Appearance by John T. Richmond, Jr for Defendant Reed Elsevier, Inc.. (Richmond, John) (Entered: 05/04/2012)
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                                                                                          Legal Document (Payment Possibly Required) 7 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                          STRIKEN MOTION for Class Certification by Plaintiff Michael R. Nack. (DLB) Modified on 8/14/2012 (JWJ). (Entered: 05/04/2012)
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                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                            Complaint (Removal) Received From: Circuit Court of the County of St. Louis, filed by Michael R. Nack.(DLB) (Entered: 05/04/2012)
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                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                              DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Reed Elsevier, Inc... (Bynum, Theodore) (Entered: 05/02/2012)
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                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                                NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Reed Elsevier, Inc. Sent To: Circuit Court of St. Louis County, MO, Twenty-First Judicial Circuit Executed by State Court Clerk (Bynum, Theodore) (Entered: 05/02/2012)
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                                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                                  MOTION for Extension of Time to File Answer to Plaintiff's Petition by Defendant Reed Elsevier, Inc.. (Bynum, Theodore) (Entered: 05/02/2012)
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                                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                                    NOTICE To Plaintiff of Filing of Removal: by Defendant Reed Elsevier, Inc. (Bynum, Theodore) (Entered: 05/02/2012)
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                                                                                                      Blank 34 Filed: 8/15/2012, Entered: None Court Filing
                                                                                                      MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion (Doc. No. 30) to strike Docket Entry No. 7 and Docket Entry No. 18 is GRANTED to the following extent: Doc. No. 7 is stricken, and this Courts Order of June 7, 2012 (Doc. No. 18) is VA CATED. IT IS FURTHER ORDERED that Plaintiffs motion for class certification (Exhibit 2 to Doc. No. 31-2) that was filed in state court prior to removal of this action shall be entered on the docket sheet as a Motion, replacing what was filed as Doc. No. 7, and shall be DENIED as moot in light of the filing by Plaintiff of a new motion (Doc. No. 19) for classcertification. IT IS FURTHER ORDERED that Defendants motion (Doc. No. 22) to dismiss the case as moot based upon Plaintiffs rejection of an offer of judgment that did not address class relief is DENIED, without prejudice. The Court improvidently entered the Order dated June 7, 2012. Accordingly, Defendants motion to dismiss is without merit. See Alpern v. UtiliCorp United, Inc., 84 F.3d 1525, 1539 (8th Cir. 1996) (Judgment should be enteredagainst a putative class representative on a defendants offer of payment only where class certification has been properly denied.) IT IS FURTHER ORDERED that Plaintiffs motion (Doc. No. 20) for re lief from briefing requirements as to Plaintiffs new motion for class certification is GRANTED. The briefing schedule will be discussed and determined at the August 20, 2012 Rule 16 conference in this case.. Signed by District Judge Audrey G. Fleissig on 8/14/12. (JWJ)
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                                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 5/2/2012, Entered: None Unknown Document Type
                                                                                                        NOTICE OF REMOVAL from Circuit Court of St. Louis County, MO, Twenty-First Judicial Circuit, case number 12SL-CC00991, with receipt number 0865-3263263, in the amount of $350 Jury Demand,, filed by Reed Elsevier, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Original Filing Form)(Bynum, Theodore) (Entered: 05/02/2012)
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                                                                                                          Legal Document (Payment Possibly Required)  Filed: 5/4/2012, Entered: None Unknown Document Type
                                                                                                          Case Opening Notification: Judge Assigned: Hon. Audrey G. Fleissig, U.S. District Judge. (DLB)
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