Stutzman et al. v. Armstrong, et al.

Federal Civil Lawsuit California Eastern District Court, Case No. 2:13-cv-00116
District Judge Morrison C. England, Jr, presiding
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District Judge Morrison C. England, Jr
Last Updated November 13, 2016 at 2:05 AM EST (8.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo David Reimers, Plaintiff
No Logo Gloria Lauria, Plaintiff
No Logo Jonathan Wheeler, Plaintiff
No Logo Rob Stutzman, Plaintiff

Represented by Law Office of Tracey Buck-Walsh

Name Phone Fax E-Mail
Space Tracey Stevens Buck-Walsh +1 916 392 8990 +1 916 393 1757 tracey@tbwlaw.com

Represented by Rossbacher Firm

Name Phone Fax E-Mail
Space Henry H. Rossbacher +2138 956 500 4087 +1 213 895 6161 h.rossbacher@rossbacherlaw.com

Represented by Turner and Associates PA

Name Phone Fax E-Mail
Space Clyde Talbot Turner +1 501 791 2277 +1 501 791 1251 tab@tturner.com

Represented by Wilentz, Goldman & Spitzer, PC

Name Phone Fax E-Mail
Space ERIC J. MARCY +1 732 636 8000 emarcy@wilentz.com
Space Kevin Peter Roddy +1 732 636 8000 +1 732 726 4735 mmcguckin@wilentz.com
ATTORNEY TO BE NOTICED Kevin Peter Roddy +1 732 636 8000 +1 732 726 4735 mmcguckin@wilentz.com
No Logo Scott Armstrong, Plaintiff
v.
No Logo Broadway Books, Defendant
No Logo Crown Publishing Group, Defendant
No Logo G.P. Putnam's Sons, Defendant
Armstrong, Lance Edward Armstrong, Lance Edward, Defendant
Officially listed as "Lance Armstrong"

Represented by Katten Muchin Rosenman LLP

Name Phone Fax E-Mail
Space Zia F Modabber +1 310 788 4400 zia.modabber@kattenlaw.com
No Logo Penguin Group (USA), Inc., Defendant

Represented by Dorsey & Whitney, LLP

Name Phone Fax E-Mail
Space Jonathan Michael Herman +1 212 415 9200 +1 212 953 7201 herman.jonathan@dorsey.com
Space Frederick M. Ralph +1 612 492 6964 +1 612 340 2868 ralph.matthew@dorsey.com
Space Katherine J. Santon +1 714 800 1400 +1 714 464 4436 santon.kate@dorsey.com
Space Kent Jeffrey Schmidt +1 714 800 1400 +1 714 800 1499 santos.maria@dorsey.com
Random House, Inc. Random House, Inc., Defendant
Officer/Director, Audible, Inc.
Officer/Director, Princeton Review, Inc.,

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
Space Stephen G. Contopulos +1 213 896 6000 +1 213 896 6600 scontopulos@sidley.com
No Logo The Berkley Publishing Group, Defendant
No Logo Thomas W. Weisel, Defendant

Represented by Sullivan & Cromwell LLP

Name Phone Fax E-Mail
Space John Darrow Echeverria +1 310 712 6608 echeverriaj@sullcrom.com
Space Robert Andrew Sacks +1 310 712 6640 +1 310 712 8800 sacksr@sullcrom.com
No Logo William J. Stapleton, Defendant

Represented by Scheper Kim & Harris LLP

Name Phone Fax E-Mail
Space Marc Scott Harris +1 213 613 4655 +1 213 613 4656 mharris@scheperkim.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 370 - Fraud or Truth-In-Lending
Timeline
  Entries (104) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 108 Filed: 10/18/2013, Entered: None
NOTICE Rule 41(a)(1) Notice of Dismissal with Prejudice by Rob Stutzman. (Roddy, Kevin) (Entered: 10/18/2013)
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Blank 107 Filed: 9/10/2013, Entered: 9/10/2013 Order on Motion to StrikeCourt Filing
MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 9/9/2013 ORDERING that Defendant Random Houses Anti-SLAPP Motion Strike 36 is GRANTED as to each of Plaintiffs causes of action. Defendant Penguin's Anti-SLAPP Motion to Strike 42 is GRANTED as to each of Plaintiffs' causes of action. Defendant Armstrong's Anti-SLAPP Motion to Strike 47 is GRANTED as to Plaintiffs' First, Second, Third, Fourth, Fifth, and Sixth causes of action. Defendant Weisel's Anti-SLAPP Motion to Strike 55 is GRANTED as to each of Plaintiffs' causes of action. Defendant Stapleton's Anti-SLAPP Motion to Strike 57 is GRANTED as to each of Plaintiffs' causes of action. The pending Motions to Dismiss 37 , 41 , 53 , 56 by Defendant Random House, Defendant Penguin, Defendant Weisel, and Defendant Stapleton are DENIED AS MOOT. The pending Motion to Dismiss 46 by Defendant Lance Armstrong is DENIED AS MOOT as to Plaintiffs' First, Second, Third, Fourth, Fifth, and Sixth causes of action. Plaintiffs may file an amended complaint within twenty-one (21) days of the date of this Memorandum and Order. If no amended complaint is filed, the causes of action stricken by this Order shall be dismissed with prejudice without further notice to the parties. (Zignago, K.) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 106 Filed: 9/3/2013, Entered: 9/3/2013 Stipulation and OrderCourt Filing
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 8/30/13: HEARING as to 37 , 41 , 46 , 53 and 56 Motions to Dismiss RESET for 12/5/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H) (Entered: 09/03/2013)
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Legal Document (Payment Possibly Required) 105 Filed: 8/22/2013, Entered: 8/22/2013 Stipulation And [proposed} Order
STIPULATION and PROPOSED ORDER continuing the Motion Hearing as to 37 , 41 , 46 , 53 , 56 Motions to Dismiss Plaintiffs' First Amended Class Action Complaint by G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group. (Schmidt, Kent) Modified on 8/23/2013 (Michel, G). (Entered: 08/22/2013)
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Legal Document (Payment Possibly Required) 104 Filed: 8/22/2013, Entered: 8/22/2013 Notice of Change of Address
NOTICE of CHANGE of ADDRESS by Kevin Roddy. (Roddy, Kevin) (Entered: 08/22/2013)
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Legal Document (Payment Possibly Required) 103 Filed: 8/15/2013, Entered: 8/15/2013 TranscriptCourt Filing
TRANSCRIPT of Motion Hearing held on August 8, 2013, before Chief Judge Morrison C. England, Jr, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/6/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/15/2013. (Swinhart, K) (Entered: 08/15/2013)
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Legal Document (Payment Possibly Required) 102 Filed: 8/8/2013, Entered: 8/9/2013 Motion HearingCourt Filing
MINUTES (Text Only) for proceedings held before Chief Judge Morrison C. England, Jr.: MOTIONS HEARING held on 8/8/2013. After argument from counsel, the court submitted the Defendants' Motions to Strike (ECF Nos. 36, 42, 47, 55 and 57). A formal, written order is forthcoming. Plaintiffs' counsel present: Henry Rossbacher, Tracey Buck-Walsh, Kevin Roddy. Defendants' counsel present: Jonathan Herman, Zia Modabber, Greg Korman, Brendan Cullen, John Echeverria, Marc Harris, Bradley Ellis. Court Reporter: Kathy Swinhart. Interpreter present: none. (Deutsch, S) (Entered: 08/09/2013)
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Legal Document (Payment Possibly Required) 101 Filed: 8/7/2013, Entered: 8/7/2013 TranscriptCourt Filing
TRANSCRIPT of Plaintiffs' Motion to Compel Proceedings held on 08/01/2013, before Magistrate Judge Kendall J. Newman. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/29/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/7/2013 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 08/07/2013)
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Legal Document (Payment Possibly Required) 100 Filed: 8/6/2013, Entered: 8/6/2013 Minute OrderCourt Filing
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the court's own motion, the August 8, 2013 Defendants' Motions to Dismiss (ECF Nos. 37, 41, 46, 53 and 56) are vacated and continued for hearing on September 5, 2013 at 2:00 p.m. in courtroom 7. The August 8, 2013 Defendants' Motions to Strike (ECF Nos. 36, 42, 47, 55, and 57) are all confirmed for oral argument at 2:00 p.m. in courtroom 7. The personal appearances of counsel are required for the August 8, 2013 and September 5, 2013 hearings. (Deutsch, S) (Entered: 08/06/2013)
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Blank 99 Filed: 8/2/2013, Entered: 8/2/2013 Order on Motion to CompelCourt Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 8/2/13 ORDERING that Plaintiffs' MOTION to Compel 61 , 69 is DENIED without prejudice. (Mena-Sanchez, L) (Entered: 08/02/2013)
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Legal Document (Payment Possibly Required) 98 Filed: 8/1/2013, Entered: 8/1/2013 Minute OrderCourt Filing
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: All motions set for hearing on August 8, 2013 at 2:00 p.m. are confirmed for oral argument in courtroom 7. The personal appearances of counsel are required. The court will not entertain requests for telephonic appearances and therefore any outstanding requests are denied. (Deutsch, S) (Entered: 08/01/2013)
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Legal Document (Payment Possibly Required) 97 Filed: 8/1/2013, Entered: 8/1/2013 Motion HearingCourt Filing
MINUTES for MOTION HEARING proceedings held before Magistrate Judge Kendall J. Newman on 8/1/2013: Court heard arguments re plaintiff's motion to compel 69 . Order to issue. Plaintiffs Counsel Henry Rossbacher, Kevin Roddy, Tracy Buck-Walsh present. Defendants Counsel Marc Harris, Jonathan Herman, Zia Modabber, Sidney Austin, Kevin Hefner present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 08/01/2013)
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Blank 96 Filed: 7/31/2013, Entered: 7/31/2013 OrderCourt Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/13 ORDERING that Henry H. Rossbacher's REQUEST to appear telephonically is GRANTED.(Mena-Sanchez, L) (Entered: 07/31/2013)
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Legal Document (Payment Possibly Required) 95 Filed: 7/31/2013, Entered: 7/31/2013 Request
REQUEST and [PROPOSED] ORDER to Appear telephonically at Plaintiffs' Motion to Compel by Scott Armstrong. Attorney Rossbacher, Henry H. added. (Attachments: # 1 Proposed Order)(Rossbacher, Henry) Modified on 8/2/2013 (Mena-Sanchez, L). (Entered: 07/31/2013)
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Blank 94 Filed: 7/30/2013, Entered: 7/30/2013 OrderCourt Filing
ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/2013 ORDERING 93 that Marc S. Harris request to appear telephonically is GRANTED. Counsel shall contact the undersigned's courtroom deputy and provide a landline number at which he can be reached at the time of the hearing. (Reader, L) (Entered: 07/30/2013)
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Legal Document (Payment Possibly Required) 93 Filed: 7/26/2013, Entered: 7/26/2013 Request
REQUEST for Telephonic Appearance at Hearing on 8/1/13 by William J. Stapleton. (Attachments: # 1 Proposed Order)(Harris, Marc) Modified on 7/30/2013 (Mena-Sanchez, L). (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 92 Filed: 7/25/2013, Entered: 7/25/2013 Objections
OBJECTIONS by Defendant William J. Stapleton to 67 Request for Judicial Notice, 78 Request for Judicial Notice. (Harris, Marc) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 91 Filed: 7/25/2013, Entered: 7/25/2013 Reply
REPLY by William J. Stapleton re 57 Motion to Strike 22 First Amended Complaint. (Attachments: # 1 Evidentiary Objections to Roddy Declaration)(Harris, Marc) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 90 Filed: 7/25/2013, Entered: 7/25/2013 Reply
REPLY by William J. Stapleton re 56 Motion to Dismiss 22 First Amended Complaint. (Harris, Marc) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 89 Filed: 7/25/2013, Entered: 7/25/2013 Reply
REPLY by Thomas W. Weisel re 55 Motion to Strike 22 First Amended Complaint. (Sacks, Robert) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 88 Filed: 7/25/2013, Entered: 7/25/2013 Reply
REPLY by Thomas W. Weisel re 53 Motion to Dismiss 22 First Amended Complaint. (Sacks, Robert) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 87 Filed: 7/17/2013, Entered: 7/17/2013 Statement
SUPPLEMENTAL RULE 7.1 Corporate Disclosure Statement by Defendants G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group re 40 Statement. (Schmidt, Kent) Modified on 7/18/2013 (Mena-Sanchez, L). (Entered: 07/17/2013)
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Legal Document (Payment Possibly Required) 86 Filed: 7/12/2013, Entered: 7/12/2013 Statement
CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by defendants Broadway Books, Crown Publishing Group, and Random House, Inc.. (Contopulos, Stephen) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 85 Filed: 7/12/2013, Entered: 7/12/2013 Reply to Response to Motion
REPLY MEMORANDUM by Random House, Inc. in support of 37 Motion to Dismiss 22 First Amended Complaint. (Contopulos, Stephen) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 84 Filed: 7/12/2013, Entered: 7/12/2013 Reply to Response to Motion
REPLY MEMORANDUM by defendants in support of 36 Special Motion to Strike 22 First Amended Complaint pursuant to California Code of Civil Procedure Section 425.16. (Contopulos, Stephen) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 83 Filed: 7/12/2013, Entered: 7/12/2013 Reply to Response to Motion
REPLY BRIEF by Lance Armstrong in support of 47 Motion to Strike (Anti-SLAPP). (Modabber, Zia) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 82 Filed: 7/12/2013, Entered: 7/12/2013 Reply to Response to Motion
REPLY BRIEF by Lance Armstrong in support of 46 Motion to Dismiss 22 First Amended Complaint . (Modabber, Zia) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 81 Filed: 7/12/2013, Entered: 7/12/2013 Reply
REPLY by defendants in further support of 42 Special Anti-SLAAP Motion to Strike 22 First Amended Complaint. (Schmidt, Kent) Modified on 7/15/2013 (Marciel, M) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 80 Filed: 7/12/2013, Entered: 7/12/2013 Reply
REPLY by G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group re 41 MOTION to DISMISS. (Schmidt, Kent) (Entered: 07/12/2013)
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Legal Document (Payment Possibly Required) 79 Filed: 7/8/2013, Entered: 7/8/2013 Certificate Of Service.
CERTIFICATE of SERVICE by Rob Stutzman. (Roddy, Kevin) (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 78 Filed: 7/8/2013, Entered: 7/8/2013 Request For Judicial Notice
REQUEST for JUDICIAL NOTICE by Rob Stutzman. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Roddy, Kevin) (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 7/8/2013, Entered: 7/8/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 56 Motion to Dismiss 22 First Amended Complaint, 53 Motion to Dismiss 22 First Amended Complaint. (Roddy, Kevin) (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 76 Filed: 7/8/2013, Entered: 7/8/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 57 Motion to Strike 22 First Amended Complaint, 55 Motion to Strike 22 First Amended Complaint. (Attachments: # 1 Declaration of Kevin P. Roddy, Esq. in Support of Opposition to Stapleton/Weisel Motions to Strike, # 2 Exhibit A through C, # 3 Exhibit D, # 4 Exhibit E, # 5 IFP Motion F, # 6 Exhibit G through L, # 7 Exhibit M through Q)(Roddy, Kevin) (Entered: 07/08/2013)
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Legal Document (Payment Possibly Required) 75 Filed: 6/24/2013, Entered: 6/24/2013 Minute OrderCourt Filing
MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 6/24/2013: ORDERING that, per the parties request in the schedling report 74 , the hearing re defendant's motion to compel 69 is hereby set for 8/1/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY)(Caspar, M) (Entered: 06/24/2013)
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Legal Document (Payment Possibly Required) 74 Filed: 6/24/2013, Entered: 6/24/2013 Scheduling Report
JOINT SCHEDULING REPORT by Rob Stutzman. (Roddy, Kevin) (Entered: 06/24/2013)
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Legal Document (Payment Possibly Required) 73 Filed: 6/20/2013, Entered: 6/20/2013 Minute OrderCourt Filing
MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 6/20/2013: In light of the notice of unavailability by counsel 72 , the 6/27/2013 hearing on plaintiffs' motion to compel 69 is VACATED. The parties are directed to meet and confer with respect to available dates for a hearing on the motion to compel at which all appropriate counsel can be present in July 2013. The parties shall also confirm the court's availability on any potential dates with the undersigned's courtroom deputy. No later than 6/26/2013, the parties shall file a joint statement indicating their proposed dates for the hearing, which should include multiple dates, if possible. The court will then select and confirm a date for the hearing by further order. To the extent that the parties encounter difficulties in accommodating vacation/travel schedules in July 2013, and because the motion to compel ostensibly relates to some of the dispositive motions pending before the district judge, the parties may also consider stipulating to an extension of the briefing/hearing schedule with respect to those motions, subject to the district judge's approval, to allow the motion to compel to be heard at a convenient date. (TEXT ONLY)(Caspar, M) (Entered: 06/20/2013)
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Legal Document (Payment Possibly Required) 72 Filed: 6/19/2013, Entered: 6/19/2013 ~Notice (other)
NOTICE of Unavailability of Counsel for Hearing on Plaintiff's Motion to Compel by Lance Armstrong re 69 MOTION to COMPEL [Corrected] Notice of Motion and Motion to Compel Discovery from Defendants Lance Armstrong, Penguin Group and Random House . (Modabber, Zia) (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 71 Filed: 6/19/2013, Entered: 6/19/2013 Certificate Of Service.
CERTIFICATE of SERVICE by Rob Stutzman re 70 Amended Document, 69 MOTION to COMPEL [Corrected] Notice of Motion and Motion to Compel Discovery from Defendants Lance Armstrong, Penguin Group and Random House . (Roddy, Kevin) (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 70 Filed: 6/19/2013, Entered: 6/19/2013 Amended Document
CORRECTED JOINT STATEMENT by Rob Stutzman: re Discovery disagreement 60 Statement. (Attachments: # 1 Exhibit A, # 2 Exhibit B and C)(Roddy, Kevin) Modified on 6/20/2013 (Mena-Sanchez, L). (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 69 Filed: 6/19/2013, Entered: 6/19/2013 Motion to CompelCourt Filing
MOTION to COMPEL [Corrected] Notice of Motion and Motion to Compel Discovery from Defendants Lance Armstrong, Penguin Group and Random House by Rob Stutzman. Motion Hearing set for 6/27/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Roddy, Kevin) (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 68 Filed: 6/17/2013, Entered: 6/17/2013 Certificate Of Service.
CERTIFICATE of SERVICE by Rob Stutzman. (Roddy, Kevin) (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 67 Filed: 6/17/2013, Entered: 6/17/2013 Request For Judicial Notice
REQUEST for JUDICIAL NOTICE by Rob Stutzman in SUPPORT of OPPOSITION to Defendants' MOTIONS to Dismiss and MOTION to STRIKE. (Attachments: # 1 Exhibit A and B, # 2 Exhibit C, Part 1, # 3 Exhibit C, Part 2)(Roddy, Kevin) Modified on 6/18/2013 (Mena-Sanchez, L). (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 66 Filed: 6/17/2013, Entered: 6/17/2013 Declaration
DECLARATION of Kevin P. Roddy, Esq. in OPPOSITION to 47 MOTION to STRIKE, 36 MOTION to STRIKE, 42 MOTION to STRIKE. (Attachments: # 1 Exhibit A and B, # 2 IFP Motion C, # 3 Exhibit D through G, # 4 Exhibit H through L, # 5 Exhibit M and N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q, # 9 Exhibit R through U)(Roddy, Kevin) Modified on 6/18/2013 (Mena-Sanchez, L). (Entered: 06/17/2013)
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Legal Document 65 Filed: 6/17/2013, Entered: 6/17/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 36 MOTION to STRIKE, 42 MOTION to STRIKE. (Roddy, Kevin) Modified on 6/18/2013 (Mena-Sanchez, L). (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 64 Filed: 6/17/2013, Entered: 6/17/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 47 MOTION to STRIKE. (Roddy, Kevin) Modified on 6/18/2013 (Mena-Sanchez, L). (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 63 Filed: 6/17/2013, Entered: 6/17/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 37 MOTION to DISMISS, 41 MOTION to DISMISS. (Roddy, Kevin) (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 62 Filed: 6/17/2013, Entered: 6/17/2013 Opposition to Motion
OPPOSITION by Rob Stutzman to 46 MOTION to DISMISS. (Roddy, Kevin) (Entered: 06/17/2013)
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Legal Document (Payment Possibly Required) 61 Filed: 6/14/2013, Entered: 6/14/2013 Motion to CompelCourt Filing
Plaintiffs' AMENDED MOTION to COMPEL amending 59 MOTION. Motion Hearing is SET for 6/27/2013 at 10:00 AM in Courtroom 25 (KJN) before Honorable Magistrate Judge Kendall J. Newman. (Roddy, Kevin) Modified on 6/17/2013 (Mena-Sanchez, L). (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 60 Filed: 6/14/2013, Entered: 6/14/2013 Statement
JOINT STATEMENT Re Discovery Disagreement with Exhibits A, B and C re 59 MOTION to COMPEL Discovery. Attorney Roddy, Kevin added. (Attachments: # 1 Exhibit A, part 1, # 2 Exhibit A, part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Proof of Service)(Roddy, Kevin) Modified on 6/17/2013 (Mena-Sanchez, L). (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 59 Filed: 6/14/2013, Entered: 6/14/2013 Motion to CompelCourt Filing
MOTION to COMPEL Discovery from Defendants Lance Armstrong, Penguin Group and Random House by Scott Armstrong, Gloria Lauria, David Reimers, Rob Stutzman, Jonathan Wheeler. Motion Hearing set for 6/27/2013 at 10:00 AM in Courtroom 25 (KJN) before Chief Judge Morrison C. England Jr.. (Roddy, Kevin) (Entered: 06/14/2013)
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Blank 58 Filed: 6/6/2013, Entered: 6/6/2013 OrderCourt Filing
STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13 ORDERING Motion Hearings for 56 , 41 , 53 , 37 , 36 , 47 , 46 , 57 , 55 , 42 RESCHEDULED to 8/8/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The Court ORDERS the following briefing schedule as to defendants Weisel and Stapleton: Defendants Weisel and Stapleton shall file the Subject Motions, and papers in support thereof, on or before 7/18/13; Plaintiffs shall file their briefs and other papers in opposition to the Subject Motions on or before 7/25/13; and Defendants Weisel and Stapleton shall file their reply briefs and other papers in further support of the Subject Motions on or before 8/1/13. (Meuleman, A) (Entered: 06/06/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 6/3/2013, Entered: 6/3/2013 Motion to StrikeCourt Filing
MOTION to STRIKE plaintiffs' 22 First Amended Class Action Complaint pursuant to California Code of Civil Procedure Section 425.16 by William J. Stapleton; Memorandum of Points and Authorities. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Harris, Marc) Modified on 6/4/2013 (Marciel, M) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 6/3/2013, Entered: 6/3/2013 Motion to DismissCourt Filing
MOTION to DISMISS 22 FIRST AMENDED COMPLAINT by William J. Stapleton. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. Attorney Harris, Marc S added. (Attachments: # 1 Proposed Order) (Harris, Marc) Modified on 6/4/2013 (Marciel, M) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 6/3/2013, Entered: 6/3/2013 Motion to StrikeCourt Filing
MOTION to STRIKE plaintiff's 22 First Amended Complaint by Thomas W. Weisel. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Sacks, Robert) Modified on 6/4/2013 (Marciel, M) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 6/3/2013, Entered: 6/3/2013 Declaration
DECLARATION of Brendan P. Cullen in support 53 Motion to Dismiss 22 First Amended Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Sacks, Robert) Modified on 6/4/2013 (Marciel, M) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 6/3/2013, Entered: 6/3/2013 Motion to DismissCourt Filing
MOTION to DISMISS 22 FIRST AMENDED COMPLAINT by Thomas W. Weisel. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Sacks, Robert) Modified on 6/4/2013 (Marciel, M) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 5/29/2013, Entered: 5/29/2013 Status Report
AMENDED JOINT STATUS REPORT by Rob Stutzman. (Roddy, Kevin) Modified on 5/31/2013 (Kastilahn, A). (Entered: 05/29/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 5/22/2013, Entered: 5/22/2013 Association of Counsel
ASSOCIATION of ATTORNEY: Added attorney Henry H. Rossbacher for Rob Stutzman. (Roddy, Kevin) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 5/22/2013, Entered: 5/22/2013 Notice of Appearance
NOTICE of APPEARANCE by Kevin Roddy on behalf of Rob Stutzman. (Attachments: # 1 Exhibit Association of Counsel)(Roddy, Kevin) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 5/21/2013, Entered: 5/21/2013 Stipulation And [proposed} Order
STIPULATION and PROPOSED ORDER for Briefing Schedule for Defendants Thomas W. Weisel's and William J. Stapleton's Responses to Plaintiffs' First Amended Class Action Complaint by Thomas W. Weisel. Attorney Sacks, Robert Andrew added. (Sacks, Robert) (Entered: 05/21/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 4/26/2013, Entered: 4/26/2013 Request For Judicial Notice
REQUEST for JUDICIAL NOTICE by Lance Armstrong in re 47 Motion to Strike, 46 Motion to Dismiss. (Modabber, Zia) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 4/26/2013, Entered: 4/26/2013 Motion to StrikeCourt Filing
MOTION to STRIKE (Anti-SLAPP by Lance Armstrong. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Modabber, Zia) Modified on 7/15/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 4/26/2013, Entered: 4/26/2013 Motion to DismissCourt Filing
MOTION to DISMISS 22 FIRST AMENDED COMPLAINT by Lance Armstrong. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Modabber, Zia) Modified on 7/15/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 4/26/2013, Entered: 4/26/2013 Certificate Of Service.
CERTIFICATE of SERVICE by Broadway Books, Crown Publishing Group, Random House, Inc. re 39 Notice of Filing / Lodging Document in Paper. (Contopulos, Stephen) Modified on 4/26/2013 (Zignago, K.). (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 4/26/2013, Entered: 4/26/2013 Notice of Filing / Lodging Document in Paper
NOTICE of LODGING EXHIBITS by G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group: The hardcover and paperback editions of the book authored by Lance Armstrong "It's Not About the Bike: My Journey Back to Life," along with the flyleaf to the hardcover edition. (Schmidt, Kent) [RECEIVED AND ROUTED TO CHAMBERS] Modified on 4/26/2013 (Manzer, C). [2 more books received and routed to Chambers] Modified on 4/26/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 4/26/2013, Entered: 4/26/2013 Request For Judicial Notice
REQUEST for JUDICIAL NOTICE by G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group in re 41 Motion to Dismiss, 42 Motion to Strike,. (Attachments: # 1 Declaration of Alexander Gigante)(Schmidt, Kent) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 4/26/2013, Entered: 4/26/2013 Motion to StrikeCourt Filing
SPECIAL ANTI-SLAPP MOTION to STRIKE 22 First Amended Complaint pursuant to California Code of Civil Procedure Section 425.16 by defendants. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Schmidt, Kent) Modified on 7/15/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 4/26/2013, Entered: 4/26/2013 Motion to DismissCourt Filing
MOTION to DISMISS by G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group. Motion Hearing set for 7/25/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order)(Schmidt, Kent) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 4/26/2013, Entered: 4/26/2013 Statement
STATEMENT of Fed. R. Civ. P. 7.1 Corporate Disclosure by Defendants G.P. Putnam's Sons, Penguin Group (USA), Inc., The Berkley Publishing Group. Attorney Schmidt, Kent Jeffrey added. (Schmidt, Kent) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 4/26/2013, Entered: 4/26/2013 Notice of Filing / Lodging Document in Paper
NOTICE OF LODGING DOCUMENT IN PAPER by Broadway Books, Crown Publishing Group, Random House, Inc.: The Paperback and Hardcover Editions of the Book "Every Second Counts". (Contopulos, Stephen) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 4/26/2013, Entered: 4/26/2013 Request For Judicial Notice
REQUEST for JUDICIAL NOTICE by Broadway Books, Crown Publishing Group, Random House, Inc. in re 36 Motion to Strike, 37 Motion to Dismiss,. (Contopulos, Stephen) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 4/26/2013, Entered: 4/26/2013 Motion to DismissCourt Filing
MOTION to DISMISS 22 FIRST AMENDED COMPLAINT by Random House, Inc.. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order) (Contopulos, Stephen) Modified on 7/15/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 4/26/2013, Entered: 4/26/2013 Motion to StrikeCourt Filing
SPECIAL MOTION to STRIKE 22 First Amended Complaint Pursuant to California Code of Civil Procedure Section 425.16 by Broadway Books, Crown Publishing Group, Random House, Inc.. Motion Hearing set for 7/25/2013 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. Attorney Contopulos, Stephen George added. (Attachments: # 1 Proposed Order) (Contopulos, Stephen) Modified on 7/15/2013 (Marciel, M) (Entered: 04/26/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 4/23/2013, Entered: 4/23/2013 Certificate Of Service.
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Legal Document (Payment Possibly Required) 34 Filed: 4/15/2013, Entered: 4/15/2013 Pro Hac Vice Order
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Legal Document (Payment Possibly Required) 33 Filed: 4/12/2013, Entered: 4/12/2013 Status Report
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Legal Document (Payment Possibly Required) 31 Filed: 4/11/2013, Entered: 4/11/2013 Minute Order
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Legal Document (Payment Possibly Required) 30 Filed: 4/11/2013, Entered: 4/11/2013 Pro Hac Vice Application and Proposed Order
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Legal Document (Payment Possibly Required) 29 Filed: 4/8/2013, Entered: 4/8/2013 Waiver of Service Executed
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Legal Document (Payment Possibly Required) 28 Filed: 4/8/2013, Entered: 4/8/2013 Waiver of Service Executed
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Legal Document (Payment Possibly Required) 27 Filed: 4/1/2013, Entered: 4/1/2013 Summons Returned Executed
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Blank 26 Filed: 3/28/2013, Entered: 3/28/2013 Stipulation and OrderCourt Filing
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13: Motions in Response to Amended Complaint due by 4/26/2013. Replies due by 6/17/2013. Responses due by 7/12/2013. Initial Scheduling Conference set for 3/27/2013 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Manzer, C)
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Legal Document (Payment Possibly Required) 25 Filed: 3/20/2013, Entered: 3/20/2013 Designation of Counsel
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Legal Document (Payment Possibly Required) 24 Filed: 3/20/2013, Entered: 3/20/2013 Stipulation And [proposed} Order
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Legal Document (Payment Possibly Required) 23 Filed: 3/11/2013, Entered: 3/11/2013 Summons
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Legal Document (Payment Possibly Required) 22 Filed: 3/7/2013, Entered: 3/7/2013 Amended Complaint
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Legal Document (Payment Possibly Required) 21 Filed: 3/4/2013, Entered: 3/4/2013 Pro Hac Vice Order
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Legal Document (Payment Possibly Required) 19 Filed: 2/25/2013, Entered: 2/25/2013 Pro Hac Vice Application and Proposed Order
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Penguin Group (USA), Inc. for attorney F. Matthew Ralph to appear Pro Hac Vice. (Santon, Katherine) (Entered: 02/25/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 2/25/2013, Entered: 2/25/2013 Pro Hac Vice Application and Proposed Order
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Penguin Group (USA), Inc. for attorney Jonathan M. Herman to appear Pro Hac Vice. Attorney Santon, Katherine J. added. (Santon, Katherine) (Entered: 02/25/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 2/19/2013, Entered: 2/19/2013 Pro Hac Vice OrderCourt Filing
PRO HAC VICE ORDER signed by Chief Judge Morrison C. England, Jr on 2/15/2013 GRANTING the 14 Pro Hac Vice request. Added attorney Clyde Talbot Turner, PHV for Rob Stutzman and Jonathan Wheeler. (Yin, K) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 2/12/2013, Entered: 2/12/2013 Minute OrderCourt Filing
MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court received the Pro Hac Vice Application and Proposed Order 14 . Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in WordPerfect or Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in word processing format to: mceorders@caed.uscourts.gov. (Deutsch, S) (Entered: 02/12/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 2/11/2013, Entered: 2/11/2013 Pro Hac Vice Application and Proposed Order
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Rob Stutzman for attorney C. Tab Turner, Esq. to appear Pro Hac Vice. (Attachments: # 1 Exhibit Association of Counsel for Plaintiffs, # 2 Exhibit Notice of Association)(Roddy, Kevin) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 2/8/2013, Entered: 2/8/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: Penguin Group (USA), Inc. served on 1/30/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/08/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 2/8/2013, Entered: 2/8/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: G.P. Putnam's Sons served on 1/30/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/08/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 2/8/2013, Entered: 2/8/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: The Berkley Publishing Group served on 1/30/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/08/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 2/5/2013, Entered: 2/5/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: Crown Publishing Group served on 1/25/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 2/5/2013, Entered: 2/5/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: Broadway Books served on 1/25/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/05/2013)
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Blank 8 Filed: 2/5/2013, Entered: 2/5/2013 Waiver of Service Executed
WAIVER of SERVICE RETURNED EXECUTED: Lance Armstrong Waiver sent on 1/29/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 2/5/2013, Entered: 2/5/2013 Summons Returned Executed
SUMMONS RETURNED EXECUTED: Random House, Inc. served on 1/25/2013. (Roddy, Kevin) Modified on 2/11/2013 (Meuleman, A). (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 2/5/2013, Entered: 2/5/2013 Certificate Of Service.
CERTIFICATE of SERVICE by Rob Stutzman. (Roddy, Kevin) (Entered: 02/05/2013)
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Blank 5 Filed: 1/23/2013, Entered: 1/23/2013 Decline of Jurisdiction of US Magistrate Judge
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Rob Stutzman. (Roddy, Kevin) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 1/22/2013, Entered: 1/22/2013 Civil New Case Documents for MCE
CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP Form) (Manzer, C) (Entered: 01/22/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 1/22/2013, Entered: 1/22/2013 Summons
SUMMONS ISSUED as to *Lance Armstrong, Broadway Books, Crown Publishing Group, G.P. Putnam's Sons, Penguin Group (USA), Inc., Random House, Inc., The Berkley Publishing Group* with answer to complaint due within *21* days. Attorney *Kevin Roddy* *90 Woodbridge Center Drive* *Suite 900* *Woodbridge, NJ 07095*. (Manzer, C) (Entered: 01/22/2013)
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Blank 1 Filed: 1/22/2013, Entered: 1/22/2013 Complaint
COMPLAINT [Class Action] for Damages and Injunctive, Equitable and Declaratory Relief Based on Violations of against All Defendants by Rob Stutzman. Attorney Roddy, Kevin added. (Attachments: # 1 Civil Cover Sheet)(Roddy, Kevin) (Entered: 01/22/2013)
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