Alabama Middle District Court
Judge:R Austin Huffaker, Jr
Referred: Kelly F Pate
Case #: 1:23-cv-00292
Nature of Suit485 Other Statutes - Telephone Consumer Protection Act
Cause47:227 Restrictions of Use of Telephone Equipment
Case Filed:May 02, 2023
Last checked: Friday Mar 15, 2024 6:09 PM CDT
Defendant
Choice Health Insurance LLC
508 Meeting Street
West Columbia, SC 39169
Represented By
Charles Andrew Stewart, III
Bradley Arant Boult Cummings LLP
contact info
Plaintiff
Juanita Williams
Represented By
Joel Davidson Connally
Strength & Connally, LLC
contact info
Jonathan P. Misny
Murray Murphy Moul Basil LLP
contact info
Anthony I. Paronich
Paronich Law, P.C.
contact info
Brian K. Murphy
Murray Murphy Moul Basil LLP
contact info
TERMINATED PARTIES
Defendant
Digital Media Solutions, LLC
Terminated: 07/31/2023
300 Creek View Road, Suite 209
Newark, DE 19711
Represented By
Larry Brooks Moore
Moore, Berry & Linville
contact info
Ian Michael Berry
Moore, Berry & Linville
contact info
Neil E. Asnen
Klein Moynihan Turco LLP
contact info


Docket last updated: 05/13/2024 11:59 PM CDT
Tuesday, April 23, 2024
38 38 1 pgs order Order Tue 04/23 10:49 AM
ORDER: A Final Approval Hearing for this matter is set for July 9, 2024 at 10 a.m. in Courtroom 2D. The 37 request for attorneys' fees and expenses, and any objections thereto, will be heard at the July 9, 2024 hearing. All briefs in support of or in opposition must be filed on or by June 25, 2024. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/23/2024. (BES)
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Monday, April 22, 2024
37 37 motion Attorney Fees Mon 04/22 9:19 AM
MOTION for Attorney Fees for Class Counsel fees and Expenses by Juanita Williams. (Murphy, Brian)
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Att: 1 Exhibit 1 - Haghayeghi Report,
Att: 2 Exhibit 2 - Murphy Declaration,
Att: 3 Exhibit 3 - Paronich Declaration
respm Brief/Memorandum in Support Mon 04/22 9:28 AM
MEMORANDUM in Support re37 MOTION for Attorney Fees for Class Counsel fees and Expenses filed by Juanita Williams. (no pdf - see doc37 ) (CWL)
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Tuesday, February 20, 2024
36 36 7 pgs order Order ~Util - Terminate Motions ~Util - Set Hearings Tue 02/20 10:51 AM
PRELIMINARY APPROVAL ORDER: the 35 Unopposed Motion for Preliminary Approval of Class Action Settlement is GRANTED; The Court hereby preliminarily approves the Settlement Agreement andthe terms and conditions of settlement set forth therein, subject to further consideration at the Final Approval Hearing, as further set out in order; it is ORDERED that: The 35 Settlement Agreement, including the Claim Form, Long-Form Notice, and Summary Notice attached to the Settlement Agreement as Exhibits A-C, are hereby preliminarily approved; The Court hereby orders that any actions or proceedings in any court in the United States involving any Released Claims asserted by any Releasing Parties, except any matters necessary to implement, advance, or further the approval of the Settlement Agreement are STAYED pending the Final Approval Hearing and issuance of any final order and judgment; All discovery and pretrial proceedings and deadlines are STAYED and SUSPENDED until further notice from the Court, except for such actions as are necessary to implement the Settlement Agreement and this Order; On 7/9/2024 at 10 AM in Courtroom 2D, this Court will hold a Final Approval Hearing to determine whether the Settlement Agreement should be finally approved as fair, reasonable, and adequate and whether the Final Approval Order and Judgment should be entered, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/20/2024. (furn: calendar, ww, lw) (BES)
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Tuesday, February 13, 2024
35 35 motion Settlement Tue 02/13 3:06 PM
MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement and Incorporated Memorandum in Support by Juanita Williams. (Murphy, Brian)
Related: [-]
Att: 1 Exhibit 1 - Settlement Agreement,
Att: 2 Exhibit 2 - Declaration of Brian K. Murphy,
Att: 3 Exhibit 3 - Declaration of Anthony I. Paronich,
Att: 4 Text of Proposed Order Proposed Preliminary Approval Order
Friday, January 19, 2024
34 34 misc Status Report Fri 01/19 2:35 PM
Joint STATUS REPORT Regarding Settlement by Juanita Williams, Choice Health Insurance LLC. (Paronich, Anthony) Modified on 1/19/2024 to clarify text and add DFT as filer (BES)
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Friday, December 15, 2023
33 33 misc Status Report Fri 12/15 2:26 PM
STATUS REPORT by Juanita Williams. (Paronich, Anthony)
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Monday, October 02, 2023
32 32 misc Status Report Mon 10/02 4:01 PM
STATUS REPORT JOINT, pursuant to Court's Order [Doc. 31] by Choice Health Insurance LLC. (Stewart, Charles)
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Wednesday, September 27, 2023
31 31 order Order ~Util - Terminate Motions ~Util - Set Deadlines Wed 09/27 10:56 AM
TEXT ORDER: The Joint Motion to Stay Pending Mediation (Doc. 30 ) is Granted. It is Ordered that discovery proceedings and the Rule 26(f) Meeting Report deadline are stayed until December 15, 2023. Parties shall file a status report on or by October 2, 2023 concerning the selection of the mediator and the date of mediation. Parties shall file another status report on mediation on or by December 15, 2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/27/2023. (no pdf attached)(cwl, )
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Tuesday, September 26, 2023
30 30 motion Stay Tue 09/26 4:17 PM
Joint MOTION to Stay Pending Mediation by Choice Health Insurance LLC. (Stewart, Charles)
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Tuesday, September 12, 2023
29 29 3 pgs order Order ~Util - Set Deadlines Tue 09/12 7:54 AM
ORDER: it is ORDERED that the FRCP 26(f) Report containing the discovery plan shall be filed as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 9/28/2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 9/12/2023. (bes, )
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Monday, September 11, 2023
28 28 answer Answer to Amended Complaint Mon 09/11 4:04 PM
ANSWER to 19 Amended Complaint by Choice Health Insurance LLC.(Stewart, Charles)
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Tuesday, August 22, 2023
27 27 2 pgs order Order Tue 08/22 11:14 AM
ORDER: it is ORDERED that, on or before 9/5/2023, Dft Choice Health Insurance, LLC shall supplement its corporate disclosure statement with the names of each member who maintains a residence or is a citizen within the Middle District of Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/22/2023. (bes, )
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Monday, August 21, 2023
26 26 misc Corporate/Conflict Disclosure Statement Mon 08/21 5:05 PM
Corporate/Conflict Disclosure Statement by Choice Health Insurance LLC re24 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Stewart, Charles)
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Monday, August 14, 2023
25 25 order Order on Motion for Extension of Time to Answer Mon 08/14 2:02 PM
TEXT ORDER: It is ORDERED that Defendant's 23 Motion for Extension of Time to File Answer is GRANTED. The deadline for Defendant Choice Health Insurance, LLC to file its Answer to the Complaint is extended to 9/11/2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/14/2023. (No PDF attached to this entry) (bes, )
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Friday, August 11, 2023
24 24 notice Notice of Deficiency Corporate Disc/Conflict Statement Fri 08/11 4:10 PM
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Defendant Choice Health Insurance LLC; Corporate Disclosures due by 8/21/2023.(amf, )
Related: [-]
Att: 1 Standing Order and Sample Format
23 23 motion Extension of Time to File Answer Fri 08/11 3:58 PM
Unopposed MOTION for Extension of Time to File a Response to Plaintiff's First Amended Class Action Complaint re19 Amended Complaint by Choice Health Insurance LLC. (Stewart, Charles)
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Thursday, August 03, 2023
22 22 2 pgs order Order Thu 08/03 2:03 PM
ORDER: it is ORDERED that the 21 Joint Stipulation of Dismissal is DENIED as moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/3/2023. (bes, )
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Tuesday, August 01, 2023
21 21 misc Stipulation of Dismissal Tue 08/01 5:04 PM
STIPULATION of Dismissal as to Digital Media Solutions, LLC Only by Juanita Williams. (Paronich, Anthony)
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Monday, July 31, 2023
20 20 order Order on Motion to Dismiss/Lack of Jurisdiction Mon 07/31 9:35 AM
TEXT ORDER: Pursuant to the Plaintiff's 19 Amended Complaint, it is ORDERED that the the 13 Motion to Dismiss filed by Defendant Digital Media Solutions, LLC is rendered moot. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/31/2023. (No PDF attached to this entry) (bes, )
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Friday, July 28, 2023
19 19 cmp Complaint, Amended Fri 07/28 8:23 PM
AMENDED COMPLAINT against Choice Health Insurance LLC, filed by Juanita Williams.(Paronich, Anthony)
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Wednesday, July 26, 2023
18 18 order Order on Motion for Leave to Appear Pro Hac Vice Wed 07/26 2:24 PM
TEXT ORDER granting 17 Motion for Attorney Neil E. Asnen for Leave to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/26/2023. (No PDF attached to this entry) (bes, )
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17 17 motion Appear Pro Hac Vice Wed 07/26 10:54 AM
Motion for Attorney Neil E. Asnen to Appear Pro Hac Vice ( Filing fee $ 75 receipt number AALMDC-3475970.) by Digital Media Solutions, LLC. (Berry, Ian) Modified on 7/26/2023 to reflect requesting atty (bes, )
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utility Add and Terminate Attorneys Wed 07/26 11:17 AM
***PURSUANT TO THE17 MOTION - Attorney Neil E. Asnen for Digital Media Solutions, LLC added. (No PDF attached to this entry) (bes, )
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Tuesday, July 18, 2023
16 16 notice Notice of Appearance Tue 07/18 12:38 PM
NOTICE of Appearance by Anthony I. Paronich on behalf of Juanita Williams (Paronich, Anthony)
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15 15 3 pgs order Order Tue 07/18 11:51 AM
STANDARD BRIEFING ORDER: Briefing deadlines and instructions for all pending and future motions. Signed by Honorable Judge R. Austin Huffaker, Jr on 7/18/2023. (am, )
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Monday, July 17, 2023
14 14 misc Corporate/Conflict Disclosure Statement Mon 07/17 2:57 PM
Corporate/Conflict Disclosure Statement by Digital Media Solutions, LLC. (Moore, Larry)
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13 13 motion Dismiss/Lack of Jurisdiction Mon 07/17 2:53 PM
MOTION to Dismiss and Memorandum in Support Thereof by Digital Media Solutions, LLC.(Moore, Larry)
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Att: 1 Affidavit Declaration of Kat Giardina
utility Add and Terminate Attorneys Mon 07/17 3:02 PM
***PURSUANT TO THE13 MOTION - Attorney Ian Michael Berry for Defendant Digital Media Solutions, LLC added. (No PDF attached to this entry) (amf, )
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respm Brief/Memorandum in Support Wed 07/26 2:20 PM
MEMORANDUM in Support re13 MOTION to Dismiss filed by Digital Media Solutions, LLC. (No PDF attached to this entry - see doc13 for PDF) (bes, )
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Tuesday, May 16, 2023
12 12 order Order on Motion for Leave to Appear Pro Hac Vice Tue 05/16 10:07 AM
TEXT ORDER granting 11 Motion for Anthony I. Paronich to Appear Pro Hac Vice. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/16/2023. (No PDF attached to this entry) (bes, )
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Monday, May 15, 2023
11 11 motion Appear Pro Hac Vice Mon 05/15 3:37 PM
Motion for Anthony I. Paronich to Appear Pro Hac Vice (Filing fee $ 75., receipt #2257) by Juanita Williams.(cwl, )
Related: [-]
Att: 1 USDC COGS,
Att: 2 receipt
Friday, May 12, 2023
10 10 service Summons Returned Executed Fri 05/12 2:14 PM
SUMMONS Returned Executed by Juanita Williams. Digital Media Solutions, LLC served on 5/9/2023, answer due 5/30/2023. (Murphy, Brian)
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9 9 service Summons Returned Executed Fri 05/12 9:38 AM
SUMMONS Returned Executed by Juanita Williams. Choice Health Insurance LLC served on 5/9/2023, answer due 5/30/2023. (Murphy, Brian)
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Thursday, May 11, 2023
8 8 order Order on Motion for Leave to Appear Pro Hac Vice Thu 05/11 7:49 AM
TEXT ORDER granting 5 Motion to Appear Pro Hac Vice for Attorney Brian K. Murphy. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/11/2023. (no pdf attached) (cwl, ) Modified on 5/11/2023 to clarify as text order (cwl, )
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7 7 order Order on Motion for Leave to Appear Pro Hac Vice Thu 05/11 7:46 AM
TEXT ORDER granting 6 Motion to Appear Pro Hac Vice for Attorney Jonathan P. Misny. Signed by Honorable Judge R. Austin Huffaker, Jr on 5/11/2023. (no pdf attached) (cwl, )
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Wednesday, May 10, 2023
6 6 motion Appear Pro Hac Vice Wed 05/10 1:14 PM
Motion to Appear Pro Hac Vice for Attorney Jonathan P. Misny (Filing fee $ 75.00, Receipt Number 2233) by Juanita Williams.(bes, )
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Att: 1 Certificate of Good Standing,
Att: 2 Receipt
5 5 motion Appear Pro Hac Vice Wed 05/10 1:11 PM
Motion to Appear Pro Hac Vice for Attorney Brian K. Murphy (Filing fee $ 75.00, Receipt Number 2232) by Juanita Williams.(bes, )
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Att: 1 Certificate of Good Standing,
Att: 2 Receipt
Wednesday, May 03, 2023
4 4 service Summons Issued Wed 05/03 10:34 AM
Summons Issued as to Choice Health Insurance LLC, Digital Media Solutions, LLC. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, )
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3 3 utility Case Assigned/Reassigned Wed 05/03 10:23 AM
Case assigned to Honorable Judge R. Austin Huffaker, Jr as Presiding Judge and Magistrate Judge Kelly F. Pate as Referral Judge. (bes, )
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Tuesday, May 02, 2023
2 2 misc Corporate/Conflict Disclosure Statement Tue 05/02 5:15 PM
Corporate/Conflict Disclosure Statement by Juanita Wiiliams. (Connally, Joel)
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1 1 cmp Complaint Tue 05/02 4:51 PM
COMPLAINT with JURY DEMAND against Choice Health Insurance, LLC, Digital Media Solutions, LLC ( Filing fee $ 402 receipt number AALMDC-3427304.), filed by Juanita Wiiliams. 90 day Rule 4m deadline set for 7/31/2023.(Connally, Joel)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons,
Att: 3 Summons