Murphy v. Active Interest Media, Inc.

Case summary

Murphy v. Active Interest Media, Inc. is a federal court case on the docket of the District Court, E.D. Michigan, where it is recorded under case number 2:22-cv-12159. It was filed on September 12, 2022 and terminated on September 29, 2023. Court records list 4 parties, among them Active Interest Media, Inc. (Defendant) and Diane Haines (Plaintiff). The docket classifies the matter under the nature of suit "360 P.I.: Other", with the cause of action recorded as Civil Miscellaneous Case. Jonathan Grey is the judge assigned to the case. The public docket contains 49 entries. The most recent entry, dated September 29, 2023, reads: ORDER Of DISMISSAL. - Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 09/29/2023). This page compiles publicly available docket information for Murphy v. Active Interest Media, Inc. from the free RECAP archive.

Parties

• Active Interest Media, Inc.Defendant
• Diane HainesPlaintiff
• Markitta WitcherPlaintiff
• Alexus MurphyPlaintiff

Docket entries

49 entries on the public docket, showing the 47 most recent.

1. Entry 41September 29, 2023

   ORDER Of DISMISSAL. - Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 09/29/2023)

2. Entry 40September 28, 2023

   NOTICE of Voluntary Dismissal by All Plaintiffs (Miller, E.) (Entered: 09/28/2023)

3. Entry 39September 5, 2023

   Joint Status - REPORT by Diane Haines, Alexus Murphy, Markitta Witcher (Miller, E.) (Entered: 09/05/2023)

4. Entry 38July 13, 2023

   STIPULATED ORDER to Stay Action Pending Mediation Signed by District Judge Jonathan J.C. Grey. (SOso) (Entered: 07/13/2023)

5. June 26, 2023

   Text-Only Order of reassignment from District Judge David M. Lawson to District Judge Jonathan J.C. Grey pursuant to Administrative Order 23-AO-022. Except in cases previously referred to a magistrate judge, existing scheduling orders and motion hearing dates are suspended. Status conferences will be scheduled in the near future for general civil cases. Cases referred to a magistrate judge will keep all previously scheduled dates. (SSch)

6. Entry 37May 22, 2023

   NOTICE by All Plaintiffs re 26 Response to Motion, Notice of Supplemental Authority (Attachments: # 1 Exhibit A- Nock v. Boardroom, Inc. d/b/a Bottom Line, Inc., Case No. 2:22-cv-11296-BAF-EAS, ECF No. 27 (E.D. Mich. May 19, 2023) opinion) (Miller, E.) (Entered: 05/22/2023)

7. May 17, 2023

   Reset Hearing as to 24 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support. Motion Hearing reset for 9/20/2023 at 2:00 PM before District Judge David M. Lawson. (SPin)

8. Entry 36May 2, 2023

   NOTICE by All Plaintiffs re 26 Response to Motion, (Attachments: # 1 Exhibit A - Gaines v. National Wildlife Federation, Case No. 22-11173, 5/1/23 Opinion) (Miller, E.)[PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY] Modified on 5/3/2023 (DPer). (Entered: 05/02/2023)

9. Entry 35April 26, 2023

   ORDER Granting Request 33 and Denying 34 Motion for Leave to File. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/28/2023)

10. Entry 34April 14, 2023

    MOTION for Leave to File Response to Notice of Supplemental Authority by Active Interest Media, Inc.. (Attachments: # 1 Exhibit A) (Rodriguez, Kristen) (Entered: 04/14/2023)

11. Entry 33March 31, 2023

    NOTICE by All Plaintiffs Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Batts v. Gannett Co., Case No. 4:22-cv-10685, ECF No. 28 (E.D. Mich. Mar. 30, 2023)) (Miller, E.) (Entered: 03/31/2023)

12. Entry 32March 10, 2023

    REPLY to Response re 24 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Defendant's Reply Brief in Support of Motion to Dismiss Plaintiffs' Amended Complaint) filed by Active Interest Media, Inc.. (Attachments: # 1 Exhibit 6) (Rodriguez, Kristen) (Entered: 03/10/2023)

13. Entry 31March 9, 2023

    ORDER Denying 28 Amended Motion for Leave to File Supplemental Authority and Denying as Moot 27 Motion for Leave to File Supplemental Authority. Signed by District Judge David M. Lawson. (SPin) (Entered: 03/09/2023)

14. Entry 30March 9, 2023

    ORDER Denying 29 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (SPin) (Entered: 03/09/2023)

15. Entry 29March 7, 2023

    Ex Parte MOTION for Leave to File Excess Pages by Active Interest Media, Inc.. (Attachments: # 1 Exhibit A - Bozung v Christianbook) (Schley, Carol) (Entered: 03/07/2023)

16. Entry 28March 6, 2023

    MOTION for Leave to File Plaintiffs' Corrected Motion for Leave to File a Notice of Supplemental Authority by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1 - Proposed Notice of Supplemental Authority) (Miller, E.) (Entered: 03/06/2023)

17. Entry 27March 6, 2023

    MOTION for Leave to File A Notice of Supplemental Authority by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1 - Proposed Notice of Supplemental Authority) (Miller, E.) (Entered: 03/06/2023)

18. Entry 26February 17, 2023

    RESPONSE to 24 MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A- Carter v. DTN Mgmt. Co., --- N.W.2d ---, 2023 WL 439760 (Mich. Ct. App. Jan. 26, 2023), # 3 Exhibit B- Wheaton v. Apple Inc., Case No. 19-cv-02883, dkt. 51 (N.D. Cal. Sept. 20, 2019) (defendants reply in support of motion to dismiss)) (Miller, E.) (Entered: 02/17/2023)

19. Entry 25January 19, 2023

    NOTICE OF IN PERSON HEARING on 24 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearing set for 6/7/2023 at 2:00 PM before District Judge David M. Lawson. (SPin) (Entered: 01/19/2023)

20. Entry 24January 13, 2023

    MOTION to Dismiss Plaintiffs' First Amended Complaint and Brief in Support by Active Interest Media, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Rodriguez, Kristen) (Entered: 01/13/2023)

21. Entry 23December 20, 2022

    ORDER Granting 22 Stipulation to Extend Time to Answer, Setting Briefing Schedule, and Dismissing as Moot Motion 18 to Dismiss. Defendant's Motion to Dismiss due 1/13/2023; Response due by 2/17/2023; Reply due by 2/17/2023. Signed by District Judge David M. Lawson. (SPin) (Entered: 12/20/2022)

22. Entry 22December 19, 2022

    STIPULATION Extending Time For Defendant to Respond to Plaintiffs' First Amended Complaint, Setting Briefing Schedule and Enlarging Page Limits by Active Interest Media, Inc. (Schley, Carol) (Entered: 12/19/2022)

23. December 14, 2022

    Minute Entry for in-person proceedings before District Judge David M. Lawson: Partial Scheduling Conference held on 12/14/2022. (Court Reporter: None Present, Not on the Record) (SPin)

24. Entry 21December 12, 2022

    AMENDED COMPLAINT with Jury Demand filed by Alexus Murphy, Diane Haines, Markitta Witcher against Active Interest Media, Inc.. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Active Interest Media Enhanced Masterfile Mailing List, # 3 Exhibit B-Privacy: Sales, Rentals of Videos, etc., House Legislative Analysis Section, H.B. No. 5331, Jan. 20, 1989, # 4 Exhibit C-The Information Marketplace: Merging and Exchanging Consumer Data (Mar. 13, 2001), # 5 Exhibit D-Webs Hot New Commodity: Privacy, WSJ.com (Feb. 28, 2011), # 6 Exhibit E-Statement of FTC Commissioner Pamela Jones Harbour (Dec. 7, 2009), # 7 Exhibit F-Martha C. White, Big Data Knows What Youre Doing Right Now, TIME.com (July 31, 2012), # 8 Exhibit G-Natasha Singer, You for Sale: Mapping, and Sharing, the Consumer Genome, N.Y. Times (June 16, 2012), # 9 Exhibit H-Letter from Senator John D. Rockefeller IV, Chairman, Senate Committee on Commerce, Science, and Transportation, to Scott E. Howe, Chief Executive Officer, Acxiom (Oct. 9, 2012), # 10 Exhibit I-Bipartisan Group of Lawmakers Query Data Brokers About Practices Involving Consumers Personal Information, Website of Senator Ed Markey (July 24, 2012), # 11 Exhibit J-Prize Scams, Federal Trade Commission, # 12 Exhibit K-Charles Duhigg, Bilking the Elderly, With a Corporate Assist, N.Y. Times, May 20, 2007, # 13 Exhibit L-Fraud Against Seniors: Hearing before the Senate Special Committee on Aging (August 10, 2000), # 14 Exhibit M-2014 TRUSTe US Consumer Confidence Privacy Report, TRUSTe, # 15 Exhibit N-Joshua Brustein, Start-Ups Seek to Help Users Put a Price on Their Personal Data, N.Y. Times (Feb. 12, 2012), # 16 Exhibit O-European Network and Information Security Agency, Study on monetising privacy (Feb. 27, 2012), # 17 Exhibit P-Hann, et al., The Value of Online Information Privacy: An Empirical Investigation (Oct. 2003), # 18 Exhibit Q-Californias Reader Privacy Act Signed into Law, Electronic Frontier Foundation (Oct. 3, 2011)) (Miller, E.) (Entered: 12/12/2022)

25. Entry 20December 7, 2022

    DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Miller, E.) (Entered: 12/07/2022)

26. Entry 19December 2, 2022

    NOTICE OF IN PERSON HEARING on 18 MOTION to Dismiss Plaintiff's Complaint. Motion Hearing set for 6/7/2023 at 2:00 PM before District Judge David M. Lawson. (SPin) (Entered: 12/02/2022)

27. Entry 18November 21, 2022

    MOTION to Dismiss Plaintiff's Complaint by Active Interest Media, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rodriguez, Kristen) (Entered: 11/21/2022)

28. Entry 17November 21, 2022

    STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Active Interest Media, Inc. (Rodriguez, Kristen) (Entered: 11/21/2022)

29. November 17, 2022

    Set Deadlines/Hearings: Scheduling Conference reset for 12/14/2022 at 2:30 PM before District Judge David M. Lawson due to a trial conflict. (SPin)

30. November 14, 2022

    Set Deadlines/Hearings: Scheduling Conference reset for 11/30/2022 at 9:30 AM before District Judge David M. Lawson. (SPin)

31. Entry 16November 10, 2022

    ORDER Denying 15 Motion to Adjourn. Signed by District Judge David M. Lawson. (SPin) (Entered: 11/10/2022)

32. Entry 15November 9, 2022

    MOTION to Adjourn (Defendant Active Interest Media, Inc's Motion and Incorporated Brief for Adjournment of Rule 16 Scheduling Conference and Stay of Discovery) by Active Interest Media, Inc.. (Renner, Deborah) (Entered: 11/09/2022)

33. Entry 14October 18, 2022

    NOTICE of Appearance by Katelynn McCollough on behalf of Active Interest Media, Inc.. (McCollough, Katelynn) (Entered: 10/18/2022)

34. Entry 13October 17, 2022

    ATTORNEY APPEARANCE: Deborah Renner appearing on behalf of Active Interest Media, Inc. (Renner, Deborah) (Entered: 10/17/2022)

35. Entry 12October 17, 2022

    ATTORNEY APPEARANCE: Kristen C. Rodriguez appearing on behalf of Active Interest Media, Inc. (Rodriguez, Kristen) (Entered: 10/17/2022)

36. Entry 11October 17, 2022

    NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 11/28/2022 at 9:30 AM before District Judge David M. Lawson. See image for document deadline. (SPin) (Entered: 10/17/2022)

37. Entry 10September 30, 2022

    WAIVER OF SERVICE Returned Executed. All Plaintiffs. (Miller, E.) (Entered: 09/30/2022)

38. Entry 9September 28, 2022

    NOTICE of Appearance by Carol G. Schley on behalf of Active Interest Media, Inc.. (Schley, Carol) (Entered: 09/28/2022)

39. Entry 8September 28, 2022

    NOTICE of Appearance by Peter B. Kupelian on behalf of Active Interest Media, Inc.. (Kupelian, Peter) (Entered: 09/28/2022)

40. Entry 7September 23, 2022

    NOTICE of Appearance by Frank S. Hedin on behalf of Diane Haines, Alexus Murphy, Markitta Witcher. (Hedin, Frank) (Entered: 09/23/2022)

41. Entry 6September 14, 2022

    ATTORNEY APPEARANCE: Joseph I. Marchese appearing on behalf of Diane Haines, Alexus Murphy, Markitta Witcher (Marchese, Joseph) (Entered: 09/14/2022)

42. Entry 5September 14, 2022

    ATTORNEY APPEARANCE: Philip L. Fraietta appearing on behalf of Diane Haines, Alexus Murphy, Markitta Witcher (Fraietta, Philip) (Entered: 09/14/2022)

43. Entry 4September 13, 2022

    SUMMONS Issued for *Active Interest Media, Inc.* (LGra) (Entered: 09/13/2022)

44. Entry 3September 13, 2022

    ATTORNEY APPEARANCE: Gregory A. Mitchell appearing on behalf of All Plaintiffs (Mitchell, Gregory) (Entered: 09/13/2022)

45. Entry 2September 13, 2022

    ATTORNEY APPEARANCE: Sharon S. Almonrode appearing on behalf of All Plaintiffs (Almonrode, Sharon) (Entered: 09/13/2022)

46. September 13, 2022

    A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)

47. Entry 1September 12, 2022

    COMPLAINT filed by All Plaintiffs against Active Interest Media, Inc. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9051087 - Fee: $ 402. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Active Interest Media Enhanced Masterfile Mailing List, # 3 Exhibit B-Privacy: Sales, Rentals of Videos, etc., House Legislative Analysis Section, H.B. No. 5331, Jan. 20, 1989, # 4 Exhibit C-The Information Marketplace: Merging and Exchanging Consumer Data (Mar. 13, 2001), # 5 Exhibit D-Webs Hot New Commodity: Privacy, WSJ.com (Feb. 28, 2011), # 6 Exhibit E-Statement of FTC Commissioner Pamela Jones Harbour (Dec. 7, 2009), # 7 Exhibit F-Martha C. White, Big Data Knows What Youre Doing Right Now, TIME.com (July 31, 2012), # 8 Exhibit G-Natasha Singer, You for Sale: Mapping, and Sharing, the Consumer Genome, N.Y. Times (June 16, 2012), # 9 Exhibit H-Letter from Senator John D. Rockefeller IV, Chairman, Senate Committee on Commerce, Science, and Transportation, to Scott E. Howe, Chief Executive Officer, Acxiom (Oct. 9, 2012), # 10 Exhibit I-Bipartisan Group of Lawmakers Query Data Brokers About Practices Involving Consumers Personal Information, Website of Senator Ed Markey (July 24, 2012), # 11 Exhibit J-Prize Scams, Federal Trade Commission, # 12 Exhibit K-Charles Duhigg, Bilking the Elderly, With a Corporate Assist, N.Y. Times, May 20, 2007, # 13 Exhibit L-Fraud Against Seniors: Hearing before the Senate Special Committee on Aging (August 10, 2000), # 14 Exhibit M-2014 TRUSTe US Consumer Confidence Privacy Report, TRUSTe, # 15 Exhibit N-Joshua Brustein, Start-Ups Seek to Help Users Put a Price on Their Personal Data, N.Y. Times (Feb. 12, 2012), # 16 Exhibit O-European Network and Information Security Agency, Study on monetising privacy (Feb. 27, 2012), # 17 Exhibit P-Hann, et al., The Value of Online Information Privacy: An Empirical Investigation (Oct. 2003), # 18 Exhibit Q-Californias Reader Privacy Act Signed into Law, Electronic Frontier Foundation (Oct. 3, 2011)) (Miller, E.) (Entered: 09/12/2022)

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