| Court: | nysd |
| Docket #: | 1:03-cv-07747 |
| Case Name: | Sevier, et al v. Time Warner, Inc., et al |
| PACER case #: | 54384 |
| Date filed: | 2003-10-01 |
| Date terminated: | 2005-09-15 |
| Assigned to: | Judge John E. Sprizzo |
| Case Cause: | 15:1 Antitrust Litigation (Monopolizing Trade) |
| Nature of Suit: | 410 Anti-Trust |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Kim Sevier Plaintiff individually and on behalf of all others similarly situated |
Eric James Belfi Kenneth A. Elan Mark Reinhardt |
| Eric M. Payne Plaintiff individually and on behalf of all others similarly situated |
Brian Philip Murray Eric James Belfi Kenneth A. Elan Mark Reinhardt |
| Time Warner, Inc. Defendant formerly AOL Time Warner Inc. |
Jay Cohen Joseph J. Simons Stacey A. Shortall |
| Time Warner Cable, Inc. Defendant |
Jay Cohen Joseph J. Simons Stacey A. Shortall |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2003-10-01 | 1 | 0 | CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 487029. (jjm) (Entered: 10/02/2003) | |||
| 2003-10-08 | 2 | 0 | RETURN OF SERVICE of summons and complaint executed as to Time Warner Cable by S. Williams, Legal Secy. on 10/7/03 . Answer due on 10/27/03 for Time Warner Cable . (dle) (Entered: 10/09/2003) | |||
| 2003-10-08 | 3 | 0 | RETURN OF SERVICE of summons and complaint executed as to Time Warner, Inc. by Matt Durnin on 10/7/03 . Answer due on 10/27/03 for Time Warner, Inc. . (dle) (Entered: 10/09/2003) | |||
| 2003-10-22 | 4 | 0 | STIPULATION and ORDER, that the time for defendants to answer or move with respect to the complaint is extended to and including 12/5/03 . ( signed by Judge John E. Sprizzo ) (tp) (Entered: 10/23/2003) | |||
| 2003-11-06 | 5 | 0 | NOTICE of attorney appearance for Kim Sevier, Eric M. Payne by Eric J. Belfi. (sb) (Entered: 11/10/2003) | |||
| 2003-11-06 | 6 | 0 | NOTICE of attorney appearance for Kim Sevier, Eric M. Payne by Mark Reinhardt. (sb) (Entered: 11/10/2003) | |||
| 2003-11-21 | 7 | 0 | ORDER, Plaintiffs shall file their amended complaint on or before 12/18/03. Defendants are granted leave to submit their motion to dismiss, not to exceed 25 pages, on or before 1/30/04. Plaintiffs shall submit their response to defendants' motion, not to exceed 25 pages, on or before 2/27/04. Oral argument shall occur on 4/12/04 at 3:00 p.m. in Courtroom 705, 40 Centre Street. ( signed by Judge John E. Sprizzo ) (sb) (Entered: 11/21/2003) | |||
| 2003-12-17 | 8 | 0 | FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT amending 1 Complaint against Time Warner Cable, Inc., Time Warner, Inc. Document filed by Eric M. Payne, Kim Sevier. Received in night deposit on 12/17/03 at 6:25 p.m. Related document: 1 Complaint.(jco, ) (Entered: 01/06/2004) | |||
| 2004-01-23 | 9 | 0 | SCHEDULING ORDER: Motions due by 3/5/2004. Oral Argument set for 4/19/2004 03:00 PM before Judge John E. Sprizzo. (Signed by Judge John E. Sprizzo on 1/21/2004) (jsa, ) (Entered: 02/02/2004) | |||
| 2004-02-06 | 10 | 0 | DECLARATION of Michael Cullim in Support of defendants motion to compel arbitration and to stay proceedings pending arbitration. Document filed by Time Warner Cable, Inc., Time Warner, Inc. Received in night deposit box on 2/6/04 at 7:06 p.m. (db, ) (Entered: 02/11/2004) | |||
| 2004-02-06 | 11 | 0 | DECLARATION of Mark S. Boehler in Support of defendants motion to compel arbitration and to stay proceedings pending arbitration. Document filed by Time Warner Cable, Inc., Time Warner, Inc. received in night deposit box on 2/6/04 at 7:06 p.m. (db, ) (Entered: 02/11/2004) | |||
| 2004-02-06 | 12 | 0 | DECLARATION of James An in Support of defendants motion to compel arbitration and to stay proceedings pending arbitration. Document filed by Time Warner Cable, Inc., Time Warner, Inc. received in night deposit box on 2/6/04 at 7:06 p.m. (db, ) (Entered: 02/11/2004) | |||
| 2004-02-06 | 13 | 0 | MOTION to Compel Arbitration and staying these proceedings pending arbitration pursuant to Sections 1 et. seq. of the Federal Arbitration Act; or, in the alternative, MOTION to Dismiss the complaint pursuant to Rule 12(b)(6) of the F.R.C.P. Document filed by Time Warner Cable, Inc. and Time Warner, Inc. Return Date set for 4/19/2004 at 03:00 PM before Judge John E. Sprizzo. Received in the night deposit box on 2/6/04 at 7:05 p.m. (sb, ) Modified on 2/13/2004 (sb, ). (Entered: 02/13/2004) | |||
| 2004-02-06 | 14 | 0 | MEMORANDUM OF LAW in Support of 13 MOTION to Compel Arbitration. MOTION to Dismiss. Document filed by Time Warner Cable, Inc. and Time Warner, Inc. Received in the night deposit box on 2/6/04 at 7:05 p.m. (sb, ) (Entered: 02/13/2004) | |||
| 2004-03-05 | 15 | 0 | DECLARATION of Eric J. Belfi in Support OF THE PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS PENDNG ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION OR, IN THE ALTERNATIVE, TO DIMISS THE FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT. Document filed by Eric M. Payne, Kim Sevier. (laq, ) (Entered: 03/09/2004) | |||
| 2004-03-05 | 16 | 0 | RESPONSE in Opposition to defendants' 13 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration or, in the Alternative, to Dismiss the First Amended Consolidadted Class action complaint. Document filed by Eric M. Payne, Kim Sevier. (tp, ) (Entered: 03/10/2004) | |||
| 2004-04-27 | 17 | 0 | ORDER; that, for the reasons stated on the record at the aforementioned Oral Argument, defendants' Motion to Compel Arbitration shall be and hereby is denied. That, for the reasons stated on the record at the aforementioned Oral Argument, defendants' Motion to dismiss shall be and hereby is denied. (Signed by Judge John E. Sprizzo on 4/23/04) (sac, ) (Entered: 04/28/2004) | |||
| 2004-04-30 | 18 | 0 | ORDER ; that a pretrial conference shall occur on 11/8/04 @3:30 p.m. in Courtroom, 40 Centre Street. (Signed by Judge John E. Sprizzo on 4/30/04) (pl, ) (Entered: 04/30/2004) | |||
| 2004-05-06 | 19 | 0 | NOTICE OF INTERLOCUTORY APPEAL from 17 Order,. Document filed by Time Warner Cable, Inc., Time Warner, Inc.. Filing fee $ 255.00, receipt number E507574. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: Rabin, Murray & Frank, LLP and The Katriel Law Firm, PLLC. (dt, ) (Entered: 05/07/2004) | |||
| 2004-05-11 | 20 | 0 | ORDER: Pretrial Conference set for 11/8/2004 at 3:00 PM before Judge John E. Sprizzo, in Courtroom 705, 40 Centre Street. (Signed by Judge John E. Sprizzo on 4/28/04) (sac, ) (Entered: 05/12/2004) | |||
| 2004-07-19 | 21 | 0 | Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 19 Notice of Interlocutory Appeal, filed by Time Warner, Inc., Time Warner Cable, Inc. USCA Case Number 04-2651-cv (L), and 04-2648-cv(CON), 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 07/19/2004) | |||
| 2004-11-16 | 22 | 0 | NOTICE of Change of Firm Name and Address by Eric James Belfi on behalf of Kim Sevier. New Address: Murray, Frank & Sailer, LLP, 275 Madison Avenue, Suite 801, New York, NY, 10016, (212) 682-1818. (jco, ) (Entered: 11/19/2004) | |||
| 2005-04-01 | 23 | 0 | MANDATE of USCA (Certified Copy) as to 19 Notice of Interlocutory Appeal, filed by Time Warner, Inc.,, Time Warner Cable, Inc., USCA Case Number 04-2651(L). Ordered, Adjudged and Decreed that the case is REMANDED to the district court in order for the parties to pursue a classwide settlement. MACKECHNIE, Clerk USCA. Issued As Mandate: 3/29/05. (pr, ) (Entered: 04/01/2005) | |||
| 2005-04-11 | 24 | 0 | STIPULATION AND ORDER that the conference in this matter is adjourned until 4/19/05 at 3:00 p.m. (Signed by Judge John E. Sprizzo on 4/7/05) (dle, ) (Entered: 04/13/2005) | |||
| 2005-05-10 | 25 | 0 | TRANSCRIPT of proceedings held on 4/27/05 before Judge John E. Sprizzo. (lma, ) (Entered: 05/10/2005) | |||
| 2005-05-17 | 26 | 0 | MOTION for preliminary approval of proposed class action settlement. Document filed by Kim Sevier, Eric M. Payne, Time Warner, Inc., Time Warner Cable, Inc. (jco, ) (Entered: 05/18/2005) | |||
| 2005-05-17 | 27 | 0 | BRIEF in support re: 26 MOTION for preliminary approval of proposed class action settlement. Document filed by Kim Sevier, Eric M. Payne.(jco, ) (Entered: 05/18/2005) | |||
| 2005-05-20 | 28 | 0 | AMENDED STIPULATION AND ORDER OF SETTLEMENT;.. The action and the relevant claims shall be finally and fully compromised, settled, and released and the action shall be dismissed on the merits with prejudice, as to Defendants, each side to bear its own costs, upon and subject to the terms and conditions of this Stipulation. (Signed by Judge John E. Sprizzo on 5/18/05) (as stated by Chambers, this does not cloose case) (djc, ) (Entered: 05/23/2005) | |||
| 2005-05-23 | 29 | 0 | TRANSCRIPT of proceedings (including 03cv8400) held on 04/27/05 before Judge John E. Sprizzo. (es, ) (Entered: 05/23/2005) | |||
| 2005-06-02 | 30 | 0 | PRELIMINARY ORDER; A hearing will be held before this Court on 9/12/05 at 3:00 p.m.., in Courtroom 701. (Signed by Judge John E. Sprizzo on 5/31/05) (sac, ) (Entered: 06/06/2005) | |||
| 2005-06-21 | 31 | 0 | TRANSCRIPT of proceedings held on 4/27/05 @ 4:00pm before Judge John E. Sprizzo. (kco, ) (Entered: 06/21/2005) | |||
| 2005-07-11 | 32 | 0 | LETTER addressed to Clerk of Court from Richard Ehreberg dated 7/2/05 re: Objection to Proposed Class Action Settlement. This Document Relates to: 03civ8400.(sac, ) (Entered: 07/12/2005) | |||
| 2005-08-31 | 33 | 0 | PARTIES' STIPULATED NOTICE OF MOTION AND MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expenses. Document filed by Eric M. Payne. Return Date set for 9/12/2005 03:00 PM. (jmi, ) (Entered: 09/02/2005) | |||
| 2005-08-31 | 34 | 0 | PLAINTIFFS' BRIEF in support of parties' joint motion for final approval of proposed class action settlement and in support of plaintiffs' unopposed motion for attorneys fees. Document filed by Eric M. Payne.(jmi, ) (Entered: 09/02/2005) | |||
| 2005-08-31 | 35 | 0 | AFFIDAVIT of Brian P. Murray in Support re: 33 MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expenses... Document filed by Eric M. Payne. (jmi, ) (Entered: 09/02/2005) | |||
| 2005-08-31 | 36 | 0 | AFFIDAVIT of Roy A. Katriel in Support re: 33 MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expenses... Document filed by Eric M. Payne. (jmi, ) (Entered: 09/02/2005) | |||
| 2005-08-31 | 37 | 0 | DECLARATION of Mark Wendorf in Support re: 33 MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expenses... Document filed by Eric M. Payne. (jmi, ) (Entered: 09/02/2005) | |||
| 2005-08-31 | 38 | 0 | DECLARATION of Karl J. Stoecker in Support re: 33 MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expenses... Document filed by Eric M. Payne. (jmi, ) (Entered: 09/02/2005) | |||
| 2005-09-06 | 39 | 0 | DECLARATION of Scott Cannada in Support of re: 33 MOTION for final approval of proposed class action settlement and plaintiffs' unopposed notice of motion and for award of attorneys fees and expense. Document filed by Time Warner, Inc., Time Warner Cable, Inc. (kw, ) (Entered: 09/08/2005) | |||
| 2005-09-07 | 40 | 0 | DECLARATION of Joshua Greene in Support re: 26 MOTION for preliminary approval of proposed class action settlement. Document filed by Time Warner, Inc., Time Warner Cable, Inc.. Received in the night deposit box on 9/7/05 at 6:51 p.m.. This Document Relates to: 03civ8400. (sac, ) (Entered: 09/09/2005) | |||
| 2005-09-15 | 41 | 0 | FINAL JUDGMENT AND ORDER approving settlement and dismissal with prejudice. (Signed by Judge John E. Sprizzo on 9/12/05) (ml, ) (Entered: 09/15/2005) |