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885 F.3d 243 *; 2018 U.S. App. LEXIS 6310 **; 100 Fed. R. Serv. 3d (Callaghan) 202; 2018 WL 1308605
JANET HODGIN; MICHAEL HODGIN, individually and on behalf of all others similarly situated; DIANNA MEY, individually and on behalf of a class of all persons and entities similarly situated; PHILIP CHARVAT, individually and on behalf of a class of all persons and entities similarly situated, Plaintiffs — Appellants, and JAMES G. HOUGH, individually and on behalf of all others similarly situated; KERRY O'SHEA, on behalf of himself, and all others similarly situated; GEORGE CAIN, Individually and On Behalf of All Others Similarly Situated; MERRILL PRIMACK; STEWART MCCAW; NICHOLAS SHREDERS, on behalf of plaintiff and a class; JONATHAN MRAUNAC; VINCENT BRIZGYS; CRAIG CUNNINGHAM; KENNETH MOSER; BILL GARCIA; BRYAN ANTHONY REO; ANTHONY CHERTER; BRUCE RORTY; EDITH BOWLER; KENNETH CLARK; JAMES GILES; JASON BENNETT; SANDRA FAIRLEY; SCOTT DOLEMBA, on behalf of plaintiff and a class; ALLEN BEAVER; DAKOTA DALTON; DIANE ELDER; MICHELLE WAKELEY; KEITH FINKLEA; TODD C. BANK; NEWTON VAUGHN, an individual; STEWART N. ABRAMSON; LAWRENCE TARIZZO, individually and on behalf of all others similary situated; DARREN R. NEWHART; BRANDON FRAZER; YVETTE CORRALEZ-ESTRADA-DIAZ; JOHN GERACI; SHANE MEYERS; MATTHEW BARGER; JEFFERY WAGY, Plaintiffs, v. UTC FIRE & SECURITY AMERICAS CORP., INC.; HONEYWELL INTERNATIONAL, INCORPORATED, Defendants — Appellees, and VERSATILE MARKETING SOLUTIONS, INC., d/b/a VMS Alarms, d/b/a VMS Alliance Security, d/b/a Alliance Home Protection; LISA HADDAD, d/b/a CCA Services LLC, d/b/a Alarmillinois.com, d/b/a Alarmindiana.com; DOES 1-10; HOME SECURITY SOLUTIONS, INC; JOHN AND JANE DOES 1-10; BRIAN FABIANO; RYAN J. NEWCOMER; DOES 1-25; 2 GIG TECHNOLOGY; JASJIT, a/k/a Jay Gotra; SECURE 1 SYSTEMS; MIKE MAVARRO; UTC FIRE AND AMERICA'S CORPORATION; KATHY MCDONALD, a/k/a Kathy Mardaresco; THE ALTITUDE GROUP, LLC, d/b/a Core Home Security; KEVIN BRODY; TRAN CONSULTING GROUP, LLC; UNITED TECHNOLOGIES CORPORATION; MONITRONICS INTERNATIONAL, INC.; ALLIANCE SECURITY, INC., d/b/a AH Security, Inc, formerly doing business as Versatile Marketing Solutions, Inc., d/b/a VMS Alarms; ALLIANCE SECURITY LLC, a Delaware limited liability company; ISI ALARMS NC INC., a North Carolina corporation; KEVIN KLINK; JAYSON WALLER; JASJIT GOTRA, a/k/a Jay Gotra, individually and as an Officer of Versatile Marketing Solutions, Inc.; ALLIANCE SECURITY; JASJIT GOTRA, individually and as an officer of Versatile Marketing Solutions, Inc.; VERSATILE MARKETING SOLUTIONS, INC., d/b/a VMS Alarms, d/b/a VMS, d/b/a Alliance Security, d/b/a Alliance Home Protection, a California corporation, Defendants, COMPLIANCEPOINT, INC., Party-in-Interest,CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; NATIONAL ASSOCIATION OF MANUFACTURERS; SECURITY INDUSTRY ASSOCIATION, Amici Supporting Appellees.
Prior History: [**1] Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. (1:13-md-02493-JPB-JES). John Preston Bailey, District Judge.
In re Monitronics Int'l, Inc., 223 F. Supp. 3d 514, 2016 U.S. Dist. LEXIS 177105 (N.D. W. Va., Dec. 22, 2016)
telemarketing, summary judgment, products, district court, discovery, depositions, practices, ratification, dealer, alleged violation, home-security, complaints, material fact, summary-judgment, declaration, retailers, genuine dispute, sale agreement, prerecorded, misconduct, violations, benefits, motions, numbers, reasons, rebates, receive complaints, vicariously liable, consolidated, allegations
Civil Procedure, Summary Judgment, Opposing Materials, Motions for Additional Discovery, Judgments, Motions for Summary Judgment, Appeals, Summary Judgment Review, Standards of Review, Antitrust & Trade Law, Consumer Protection, Telemarketing, Business & Corporate Compliance, Communications Law, Federal Acts, Telephone Consumer Protection Act, Business & Corporate Law, Agency Relationships, Ratification, Proof, Standards of Review, De Novo Review, Entitlement as Matter of Law, Evidentiary Considerations, Entitlement as Matter of Law, Genuine Disputes