Case details

Court: kywd
Docket #: 3:12-cv-00372
Case Name: Barker v. Patrick Collins Inc. et al
PACER case #: 81926
Date filed: 2012-07-05
Date terminated: 2013-11-05
Date of last filing: 2013-11-08
Assigned to: Senior Judge Charles R. Simpson, III
Case Cause: 18:1961 Racketeering (RICO) Act
Nature of Suit: 470 Racketeer/Corrupt Organization
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jennifer Barker
Plaintiff
Individually and on behalf of all others similarly situated
Kenneth J. Henry
Henry & Associates, PLLC 331 Townepark Circle, Suite 200 Louisville, KY 40243 502-245-9100 Email: ken@kennethhenrylaw.com
ATTORNEY TO BE NOTICED

Patrick Collins Inc.
Defendant
Michael Keith Lipscomb
Lipscomb, Eisenberg & Baker, PL 2 S. Biscayne Blvd. Penthouse 3800 Miami, FL 33131 786-431-2228 Fax: 786-431-2229 Email: klipscomb@lebfirm.com
ATTORNEY TO BE NOTICED

Malibu Media, LLC
Defendant
Michael Keith Lipscomb
(See above for address)
ATTORNEY TO BE NOTICED

Raw Films, LTD
Defendant
K-Beech, Inc.
Defendant
Michael Keith Lipscomb
(See above for address)
ATTORNEY TO BE NOTICED

Third Degree Films
Defendant
Michael Keith Lipscomb
(See above for address)
ATTORNEY TO BE NOTICED

Sabree Hutchinson
Plaintiff
Kenneth J. Henry
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-07-05 1 0 Complaint COMPLAINT against K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Raw Films, LTD, Third Degree Films Filing fee $ 350, receipt number 644 144 7155., filed by Jennifer Barker. (Attachments: # 1 Cover Sheet, # 2 Summons Tendered, Patrick Collins Inc., # 3 Summons Tendered Malibu Media LLC, # 4 Summons Tendered Raw Films, LTD, # 5 Summons Tendered K-Beech, Inc., # 6 Summons Tendered Third Degree Films) (JSS) (Entered: 07/06/2012) 2012-07-09 14:25:55 31d8e02fa2b351ebf2f7d81ea8f0be82f484f855
1 1 Cover Sheet
1 2 Summons Tendered, Patrick Collins Inc. 2012-07-09 14:27:29 f3c816c7343d2576ebbd94cb1a9cc4329619caf7
1 3 Summons Tendered Malibu Media LLC 2012-07-09 14:37:16 7055d542362eb8320137e1d4faf5fdd4c5fcf4a0
1 4 Summons Tendered Raw Films, LTD
1 5 Summons Tendered K-Beech, Inc.
1 6 Summons Tendered Third Degree Films
2012-07-05 2 0 Case Assignment Case Assignment (Random Selection): Case Assigned to Judge Charles R. Simpson III. Magistrate Judge Dave Whalin. (JSS) (Entered: 07/06/2012)
2012-07-06 3 0 Summons Issued Summons Issued as to K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Raw Films, LTD, Third Degree Films. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: # 1 Summons Issued Malibu Media, LLC, # 2 Summons Issued Raw Films, LTD, # 3 Summons Issued K-Beech, Inc., # 4 Summons Issued Third Degree Films) (JSS) (Entered: 07/06/2012) 2012-07-09 19:48:57 d634c695bed5f2ebe804195604e7552a42cc87e1
3 1 Summons Issued Malibu Media, LLC 2012-07-09 19:54:58 b55feaa9ec3e2d6d345879c215f442d0c7792a3a
3 2 Summons Issued Raw Films, LTD 2012-07-27 15:56:04 25a15a1ce2039a440ae5444e524c4ce95bb169bd
3 3 Summons Issued K-Beech, Inc. 2013-02-05 21:57:35 0594ec9269248c3aa93673dc19e8153bd748bb17
3 4 Summons Issued Third Degree Films 2012-07-27 15:56:25 c3470c9d399add7634e7b72b9c1253f4269975b3
2012-07-12 4 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Jennifer Barker. K-Beech, Inc. waiver sent on 7/12/2012, answer due 9/10/2012. (Henry, Kenneth) (Entered: 07/12/2012)
2012-07-16 5 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Jennifer Barker. Malibu Media, LLC waiver sent on 7/12/2012, answer due 9/10/2012. (Henry, Kenneth) (Entered: 07/16/2012) 2012-07-27 15:56:56 de577db93d152984f77d4646bcf9ce2dd82719c7
2012-07-16 6 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Jennifer Barker. Third Degree Films waiver sent on 7/12/2012, answer due 9/10/2012. (Henry, Kenneth) (Entered: 07/16/2012) 2012-07-27 15:59:51 24dfba6f15f4fee825950e6f456a3c73e1933613
2012-07-17 7 0 Waiver of Service Executed WAIVER OF SERVICE Returned Executed by Jennifer Barker. Patrick Collins Inc. waiver sent on 7/16/2012, answer due 9/14/2012. (Henry, Kenneth) (Entered: 07/17/2012) 2012-07-27 16:00:35 5b6ec08ab6bd78a3a642a8bc226641db79a8ffd2
2012-07-29 8 0 Amended Complaint AMENDED COMPLAINT against All Defendants, filed by Jennifer Barker, Sabree Hutchinson. (Henry, Kenneth) (Entered: 07/29/2012) 2012-08-01 14:24:32 5e8dd2b7c16c7bd6bbce8b2d475cdec8f012afb5
2012-09-10 9 0 Motion for Extension of Time to File Answer AGREED MOTION for Extension of Time to File Answer re 8 Amended Complaint by Defendants K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films. Responses due by 9/20/2012. (Attachments: # 1 Proposed Order) (TBS) (Entered: 09/10/2012)
2012-09-10 10 0 Motion to Appear Pro Hac Vice MOTION for Michael Keith Lipscomb to Appear Pro Hac Vice by Defendants K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films. Filing fee $ 65, receipt no. L33031871. Responses due by 10/4/2012 (Attachments: # 1 Proposed Order) (TBS) (Entered: 09/10/2012)
2012-09-12 11 0 Order on Motion for Extension of Time to Answer ORDER granting 9 Motion for Extension of Time to Answer. Patrick Collins, Inc., Malibu Media, LLC, K-Beech, Inc., and Third Degree Films, Inc. shall have through 9/17/2012 to respond to the First Amended Complaint. Signed by Judge Charles R. Simpson, III on 9/11/12. cc:counsel (JBM) (Entered: 09/12/2012)
2012-09-13 12 0 Proposed Agreed Order/Stipulation Proposed Agreed Order/Stipulation for Extension of Time by Third Degree Films. (Henry, Kenneth) (Entered: 09/13/2012)
2012-09-13 13 0 Certificate of Service Notice of Filing CERTIFICATE OF SERVICE by Third Degree Films re 12 Proposed Agreed Order/Stipulation Notice of Filing (Henry, Kenneth) (Entered: 09/13/2012)
2012-09-14 14 0 Order on Motion to Appear Pro Hac Vice ORDER ON MOTION TO ADMIT COUNSEL PRO HAC VICE signed by Judge Charles R. Simpson, III on 9/14/12 Re: DN 10 Motion to Appear Pro Hac Vice as to Michael Keith Lipscomb on behalf of dfts. Filing Fee $65, Receipt #L33031871. cc:counsel (SJS) (Entered: 09/14/2012)
2012-09-17 15 0 Motion to Dismiss MOTION to Dismiss by Defendants K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films Responses due by 10/12/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B) (Lipscomb, Michael) (Additional attachment(s) added on 8/14/2013: # 4 Proposed Order)Correction Wrong Proposed Order attached (JSS). Modified on 8/14/2013 (JSS). (Entered: 09/17/2012) 2012-10-10 12:10:32 7c157dfa11db4c22e304511a4aee2f89543c90c4
15 1
15 2
15 3
2012-09-17 16 0 Notice (Other) NOTICE of Filing Declarations in Support of Defendants' Motion to Dismiss by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 15 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Lipscomb, Michael) (Entered: 09/17/2012)
2012-09-17 17 0 Notice (Other) NOTICE of Filing Agreed Order on Extension of Time Within Which to Submit Proposed Orders by Jennifer Barker, Sabree Hutchinson, K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films (Attachments: # 1 Proposed Order) (Lipscomb, Michael) (Entered: 09/17/2012)
2012-09-18 18 0 Order ORDER by Judge Charles R. Simpson, III on 9/14/12; re 8 Amended Complaint; Defendants, PATRICK COLLINS, INC., MALIBU MEDIA, LLC, K-BEECH,INC., and THIRD DEGREE FILMS, INC.s, shall file a response to the First Amended Complaint on or before the later of either September 17, 2012, or the first business day after the entry of an Order admitting M. Keith Lipscomb, Esq. as counsel of record for Defendants.cc:counsel (DAK) (Entered: 09/18/2012) 2012-09-30 21:33:15 f01bc14cc1e083567e7ae09f7cb03fd596d1d279
2012-09-25 19 0 Motion for Discovery MOTION for Discovery Prior to Rule 26 Planning Conference by Plaintiffs Jennifer Barker, Sabree Hutchinson Responses due by 10/19/2012 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Henry, Kenneth) (Entered: 09/25/2012)
19 1 2012-10-10 12:02:10 1c20dd7f8d29ecd9c9172c3bf488a38f6411bdf3
19 2
2012-09-25 20 0 Notice (Other) NOTICE OF FILING AGREED ORDER by Jennifer Barker, Sabree Hutchinson (Attachments: # 1 Proposed Order) (Henry, Kenneth) (Entered: 09/25/2012)
2012-10-03 21 0 Order AGREED ORDER by Judge Charles R. Simpson, III on 10/2/12. Response to the Defendants motion to dismiss dues 10 days after entry of any order overruling the Plaintiffs motion to take limited discovery should the Court overrule their motion.cc:counsel (SJS) (Entered: 10/03/2012) 2012-10-08 19:36:23 ed531b884a17422ace49d56edd1d294b0d8c2f01
2012-10-19 22 0 Response to Motion RESPONSE to Motion re 19 MOTION for Discovery Prior to Rule 26 Planning Conference filed by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films. Replies due by 11/5/2012. (Lipscomb, Michael) (Additional attachment(s) added on 10/25/2012: # 1 Proposed Order) (JSS). (Entered: 10/19/2012)
2012-10-24 23 0 Notice (Other) NOTICE OF FILING ORDER by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 22 Response to Motion (Attachments: # 1 Proposed Order) (Lipscomb, Michael) (Entered: 10/24/2012)
2012-11-05 24 0 Reply to Response to Motion REPLY to Response to Motion re 19 MOTION for Discovery Prior to Rule 26 Planning Conference filed by Jennifer Barker, Sabree Hutchinson. (Henry, Kenneth) (Entered: 11/05/2012) 2013-07-29 18:43:41 1c8b13944c3e37c5dc8d2666b965e82b32079305
2012-11-16 25 0 Motion to Strike MOTION to Strike 24 Reply to Response to Motion by Defendants K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films Responses due by 12/10/2012 (Lipscomb, Michael) (Additional attachment(s) added on 11/28/2012: # 1 Proposed Order) (JSS). (Entered: 11/16/2012) 2013-02-05 17:00:25 e801a59b376765d1a2f0d96dd4946b8a1deaea76
25 1 Proposed Order
2012-11-18 26 0 Response to Motion RESPONSE to Motion re 25 MOTION to Strike 24 Reply to Response to Motion filed by Jennifer Barker, Sabree Hutchinson. Replies due by 12/6/2012. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Henry, Kenneth) (Additional attachment(s) added on 11/28/2012: # 6 Proposed Order) (JSS). (Entered: 11/18/2012)
2012-11-21 27 0 Notice (Other) NOTICE of Filing Proposed Order by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 25 MOTION to Strike 24 Reply to Response to Motion (Attachments: # 1 Proposed Order) (Lipscomb, Michael) (Entered: 11/21/2012)
2012-11-26 28 0 Notice (Other) NOTICE OF FILING PROPOSED ORDER by Jennifer Barker, Sabree Hutchinson re 26 Response to Motion, (Attachments: # 1 Proposed Order) (Henry, Kenneth) (Entered: 11/26/2012)
2012-12-12 29 0 Reply to Response to Motion REPLY to Response to Motion re 25 MOTION to Strike 24 Reply to Response to Motion filed by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films. (Lipscomb, Michael) (Entered: 12/12/2012) 2013-07-29 18:40:37 77dd1072f4eedad7edf740417993bc2a702a93a4
2013-07-19 30 0 Order on Motion for Discovery MEMORANDUM OPINION AND ORDER by Senior Judge Charles R. Simpson, III on 7/17/2013; 19 Motion for Discovery is DENIED; 25 Motion to Strike is DENIED. cc:counsel (TLB) (Entered: 07/19/2013) 2013-08-15 18:30:21 370e5bfeb19d38dabd7c0af146deb935ddaa89b6
2013-07-27 31 0 Response to Motion RESPONSE to Motion re 15 MOTION to Dismiss filed by Jennifer Barker, Sabree Hutchinson. Replies due by 8/15/2013. (Attachments: # 1 Proposed Order Denying Defendants' Motion to Dismiss) (Henry, Kenneth) (Entered: 07/27/2013)
2013-08-09 32 0 Notice (Other) NOTICE of Filing Agreed Proposed Order on Extension of Time for Defendants to File Reply In Further Support of Motion to Dismiss by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 15 MOTION to Dismiss (Attachments: # 1 Proposed Agreed Order) (Lipscomb, Michael) (Entered: 08/09/2013)
2013-08-13 33 0 Order AGREED ORDER by Senior Judge Charles R. Simpson, III on 8/12/2013; 15 MOTION to Dismiss: Reply due by 8/22/2013.cc:counsel (TLB) (Entered: 08/13/2013) 2013-08-15 18:29:39 3ed0276af93d77f7880bf1e5f8270f0f0465bf1a
2013-08-13 34 0 Notice (Other) NOTICE of Filing Agreed Proposed Order on Extension of Time for Defendants to File Reply In Further Support of Motion to Dismiss AMENDED by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 15 MOTION to Dismiss (Attachments: # 1 Agreed Proposed Order) (Lipscomb, Michael) (Entered: 08/13/2013)
2013-08-15 35 0 Order AGREED ORDER by Senior Judge Charles R. Simpson, III on 8/14/2013; 15 MOTION to Dismiss : Reply due 8/30/2013cc:counsel (TBS) (Entered: 08/15/2013)
2013-08-30 36 0 Notice (Other) NOTICE of Filing Agreed Proposed Order on Extension of Time for Defendants to File Reply In Further Support of Motion to Dismiss by K-Beech, Inc., Malibu Media, LLC, Patrick Collins Inc., Third Degree Films re 15 MOTION to Dismiss (Attachments: # 1 Agreed Proposed Order) (Lipscomb, Michael) (Entered: 08/30/2013)
2013-09-03 37 0 Reply to Response to Motion REPLY to Response to Motion re 15 MOTION to Dismiss 31 to Response to Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Lipscomb, Michael) Modified on 9/4/2013-corrected link to correct docs-regen email (MLG). (Entered: 09/04/2013)
2013-09-04 38 0 Order AGREED ORDER by Senior Judge Charles R. Simpson, III on 9/3/2013; re 15 MOTION to Dismiss ; reply due 9/3/2013.cc:counsel (TLB) (Entered: 09/04/2013) 2013-09-05 13:05:34 156953dff50c8b2379279d75b83c3318c77268b0
2013-11-05 39 0 Memorandum & Opinion MEMORANDUM AND OPINION by Senior Judge Charles R. Simpson, III on 11/4/13; The Court concludes that Plaintiffs have failed to satisfy their burden of establishing personal jurisdiction over Defendants. Therefore, the Court will grant Defendants Motion to Dismiss. A separate order will be entered in accordance with this opinion. cc:counsel (JBM) (Entered: 11/05/2013) 2013-11-07 17:10:33 d15ae97662fb3cf2eb85e2e50edc8f154a5b9616
2013-11-05 40 0 Order Dismissing Case ORDER by Senior Judge Charles R. Simpson, III on 11/4/13: The motion todismiss 15 of the defendants, Patrick Collins, Inc., Malibu Media, LLC, Raw Films, Ltd.,K-Beech, Inc., and Third Degree Films, is hereby GRANTED. There being no just reason for delay in its entry, this is a final order. cc:counsel (JBM) (Entered: 11/05/2013) 2015-09-11 04:28:26 56785c838b5b3bf86829913fac6396bf07594f52
2013-11-08 41 0 MOTION to Vacate 39 Memorandum & Opinion, 40 Order Dismissing Case, by Plaintiffs Jennifer Barker, Sabree Hutchinson Responses due by 12/2/2013 (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Vacate, # 2 Proposed Order Proposed Order Vacating) (Henry, Kenneth) (Entered: 11/08/2013)
2014-01-17 42 0 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 1/16/2014; re 41 MOTION to Reconsider; A separate order will be entered in accordance with this opinion.cc:counsel (TLB) (Entered: 01/17/2014)
2014-01-17 43 0 ORDER by Senior Judge Charles R. Simpson, III on 1/16/2014 ; for the reasons set forth in the Memorandum Opinion, 41 Motion to Reconsider is DENIED; this is a final order. cc:counsel (TLB) (Entered: 01/17/2014)