Cunningham, Craig v. Montes, Michael et al

Filing 41

Transmission of Notice of Appeal, Docket Sheet and Judgment to Seventh Circuit Court of Appeals re 40 Notice of Appeal. (Attachments: # 1 Order, # 2 Judgment, # 3 Docket sheet) (jef),(ps)

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16−cv−00761−jdp

Cunningham, Craig v. Montes, Michael et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 47:0227 Restrictions on Use of Telephone Equipment

Date Filed: 11/17/2016
Date Terminated: 07/19/2017
Jury Demand: None
Nature of Suit: 890 Other Statutory
Actions
Jurisdiction: Federal Question

Plaintiff
Craig Cunningham

represented by Craig Cunningham
5543 Edmondson Pike, Ste. 248
Nashville, TN 37211
(615) 348−1977
PRO SE

V.
Defendant
Michael Montes

represented by Kevin David Trost
Axley Brynelson
2 E Mifflin St
Suite 200
Madison, WI 53703
608−283−6747
Fax: 608−257−5444
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Tollfreezone.com, Inc.

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Mydataguys.com, LLC

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
PODmusicgear.com, Inc.

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Tollfreezone.com, Inc., dba
DOCauditor.com

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Tollfreezone.com, Inc., dba mobile
trackme
Defendant

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Emailmyvmail.com, Inc.

represented by Kevin David Trost
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
John/Jane Doe 1−10
Date Filed
11/17/2016

11/17/2016

#

Docket Text

1 COMPLAINT against All Defendants, filed by Craig Cunningham. (Case randomly
assigned to District Judge James D. Peterson.) (Attachments:
# 1 Summonses,
# 2 Envelope) (jef) (Entered: 11/17/2016)
Filing fee received: $ 400, receipt number 34690027592. (jef),(ps) (Entered:
11/17/2016)

11/17/2016

2 Summonses Issued as to Michael Montes, Tollfreezone.com, Inc., Mydataguys.com,
LLC, PODmusicgear.com, Inc., Emailmyvmail.com, Inc. Mailed to plaintiff for
service. (Attachments:
# 1 Summons as toTollfreezone.com, Inc.,
# 2 Summons as to Mydataguys.com, LLC,
# 3 Summons as to PODmusicgear.com, Inc.,
# 4 Summons as to Emailmyvmail.com, Inc.) (jef),(ps) (Entered: 11/17/2016)

01/09/2017

3 Motion for Service by Publication and Request for Issuance of 10 Subpoenas by
Plaintiff Craig Cunningham. (Attachments:
# 1 Proposed order,
# 2 Exhibits A and B − Property summary report, real estate tax bill for 2016,
# 3 Summons returned unexecuted as to Michael Montes,
# 4 Summons returned unexecuted as to Tollfreezone.com,
# 5 Summons returned unexecuted as toMydataguys.com,
# 6 Summons returned unexecuted as to PODmusicgear.com,
# 7 Summons returned unexecuted as to Emailmyvmail.com,
# 8 Unsigned summonses,
# 9 Envelope) (jef),(ps) (Entered: 01/09/2017)

02/27/2017

4 ORDER granting plaintiff's 3 Motion for Service by Publication. Plaintiff's request for
the clerk to issue 10 subpoenas, Dkt. 3 , is DENIED. Plaintiff must file proof of
service with the court within 45 days of the date of this order. Signed by District Judge
James D. Peterson on 2/27/2017. (jef),(ps) (Entered: 02/27/2017)

02/28/2017

5 Summons Reissued as to Defendants Michael Montes, Tollfreezone.com, Inc.,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Emailmyvmail.com, Inc. Mailed
summonses to plaintiff for service. (Attachments:
# 1 Summons as to Tollfreezone.com Inc.,
# 2 Summons as to Mydataguys.com LLC,
# 3 Summons as to PODmusicgear.com Inc.,
# 4 Summons as to Emailmyvmail.com Inc.) (nln),(ps) (Entered: 02/28/2017)

04/14/2017

6 Motion for Entry of Default as to Michael Montes, Mydataguys.com, LLC,
PODmusicgear.com, Inc., Tollfreezone.com, Inc. Emailmyvmail.com, Inc., by
Plaintiff Craig Cunningham. (Attachments:
# 1 Proposed order,
# 2 Certificate of Service,
# 3 Envelope) (jef),(ps) (Entered: 04/14/2017)

04/14/2017

7 Affidavit of Craig Cunningham re: 6 Motion for Entry of Default. (Attachments:
# 1 Exhibit A − Armed services status report as to Michael Montes,
# 2 Proof of service as to Michael Montes,
# 3 Proof of service as to Tollfreezone.com, Inc.,
# 4 Proof of service as to Mydataguys, LLC,
# 5 Proof of service as to PODmusicgear.com, Inc.,
# 6 Proof of service as to Emailmyvmail.com.Inc.) (jef),(ps) (Entered: 04/14/2017)

04/17/2017

8 Clerk's Entry of Default as to Defendants Michael Montes, Mydataguys.com, LLC,
PODmusicgear.com, Inc., Tollfreezone.com, Inc., Tollfreezone.com, Inc., dba
DOCauditor.com, Tollfreezone.com, Inc., dba mobile trackme and
Emailmyvmail.com, Inc. (jef/cc: all parties via U.S. mail),(ps) (Entered: 04/17/2017)

05/08/2017

9 Motion for Default Judgment as to Michael Montes, Mydataguys.com, LLC,
PODmusicgear.com, Inc., Tollfreezone.com, Inc. by Plaintiff Craig Cunningham.
(Attachments:
# 1 Proposed order,
# 2 Certificate of Service,
# 3 Envelope) (jef),(ps) (Entered: 05/08/2017)

05/08/2017

10 Affidavit of phone calls and damages in this case filed by Plaintiff Craig Cunningham
re: 9 Motion for Default Judgment. (jef),(ps) (Entered: 05/08/2017)

05/09/2017

Set Hearing: Default Hearing set for Tuesday, 6/6/2017 at 08:30 AM in Courtroom
260 before District Judge James D. Peterson. (jef),(ps) (Entered: 05/09/2017)

06/01/2017

11 Notice of Appearance filed by Kevin David Trost for Defendants Emailmyvmail.com,
Inc., Michael Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc.,
Tollfreezone.com, Inc., Tollfreezone.com, Inc., dba DOCauditor.com,
Tollfreezone.com, Inc., dba mobile trackme. (Trost, Kevin),(ps) (Entered: 06/01/2017)

06/01/2017

12 ANSWER by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme. (Trost, Kevin),(ps) (Entered: 06/01/2017)

06/01/2017

13 MOTION TO DISMISS by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme. (Trost, Kevin),(ps) (Entered: 06/01/2017)

06/01/2017

14 Motion to Set Aside Default by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme. (Trost, Kevin),(ps) (Entered: 06/01/2017)

06/01/2017

15 Brief in Support of 13 Motion to Dismiss, 14 Motion to Set Aside Default, by
Defendants Emailmyvmail.com, Inc., Michael Montes, Mydataguys.com, LLC,
PODmusicgear.com, Inc., Tollfreezone.com, Inc., Tollfreezone.com, Inc., dba
DOCauditor.com, Tollfreezone.com, Inc., dba mobile trackme (Trost, Kevin),(ps)
(Entered: 06/01/2017)

06/01/2017

16 Disregard. See 18 . Modified on 6/5/2017. (lak) (Entered: 06/01/2017)

06/01/2017

17 Disregard. See 19 . Modified on 6/5/2017. (lak) (Entered: 06/01/2017)

06/02/2017

18 Declaration of Kevin Trost filed by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme re: 13 Motion to Dismiss, 14 Motion to Set Aside Default, (Attachments:
# 1 Exhibit A − Lawsuits filed by Plaintiff in TN) (Trost, Kevin),(ps) (Entered:
06/02/2017)

06/02/2017

19 Declaration of Michael Montes filed by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme re: 13 Motion to Dismiss, 14 Motion to Set Aside Default, (Attachments:
# 1 Exhibit A − Property Tax Record in St. Croix County, WI) (Trost, Kevin),(ps)
(Entered: 06/02/2017)

06/02/2017

20 Certificate of Service by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme as to 13 MOTION TO DISMISS , 12 Answer, 19 Declaration, 15 Brief in
Support, 14 Motion to Set Aside Default , 18 Declaration, 11 Notice of Appearance,.
(Trost, Kevin),(ps) (Entered: 06/02/2017)

06/02/2017

06/02/2017

21 ** TEXT ONLY ORDER **
Less than a week before the hearing on plaintiff's motion for default judgment,
defendants answered plaintiff's complaint and moved to set aside default and dismiss
the case. Dkts. 12 − 14 . Plaintiff may file a response to defendants' motion to set aside
default, Dkt. 14 , by June 12, 2017. The default hearing is rescheduled to Tuesday,
June 20, 2017, at 8:30 a.m. Signed by District Judge James D. Peterson on 6/2/2017.
(jef) (Entered: 06/02/2017)
Reset Hearings: Default Hearing reset for 6/20/2017 at 08:30 AM in Courtroom 260
before District Judge James D. Peterson. (jef),(ps) (Entered: 06/02/2017)

06/06/2017

22 Corporate Disclosure Statement by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme, (Attachments:
# 1 Certificate of Service) (Trost, Kevin),(ps) (Entered: 06/06/2017)

06/12/2017

23 Brief in Opposition by Plaintiff Craig Cunningham re: 14 Motion to Set Aside Default,
filed by Emailmyvmail.com, Inc., Tollfreezone.com, Inc., dba DOCauditor.com,
PODmusicgear.com, Inc., Michael Montes, Tollfreezone.com, Inc., dba mobile
trackme, Mydataguys.com, LLC, Tollfreezone.com, Inc. (Attachments:
# 1 Certificate of Service,
# 2 Envelope) (elc),(ps) (Entered: 06/12/2017)

06/12/2017

24 Affidavit of Craig Cunningham re: 14 Motion to Set Aside Default, (Attachments:
# 1 Appendix of Exhibits,
# 2 Exhibit A − Printout from California Secretary of State for Tollfreezone.com Inc.,
# 3 Exhibit B − Printout from Nevada Secretary of State of mydataguys.com,
# 4 Exhibit C − Printout from Nevada Secretary of State for Emailmyvmail,
# 5 Exhibit D − Printout from Delaware Secretary of State for POD Music Gear,
# 6 Exhibit E − Docket Sheet for MDTN case 16−cv−222, Cunningham v. Shoutpoint,
Inc., et al.,
# 7 Exhibit F − Printout from State of Missouri ex Rel v. Tollfreezone.com, Inc.
Judgment,
# 8 Exhibit G − News Release from Mississippi Public Service Commission) (elc),(ps)
(Entered: 06/12/2017)

06/16/2017

Set/Reset Hearings: The Default Hearing before District Judge James D. Peterson will
be held at 08:00 AM on 6/20/2017 in Courtroom 260 to accommodate the court's
calendar. (elc),(ps) (Entered: 06/16/2017)

06/16/2017

Plaintiff will be appearing by telephone at the June 20, 2017 default hearing and can
be contacted at the phone number on the docket sheet. (elc),(ps) (Entered: 06/16/2017)

06/16/2017

Set/Reset Hearings: The 8:00 AM Default Hearing on June 20, 2017 before District
Judge James D. Peterson will be held in Courtroom 360. (elc),(ps) (Entered:
06/16/2017)

06/20/2017

25 Minute Entry for proceedings held before District Judge James D. Peterson: Default
Hearing held on 6/20/2017 and continued until 7/18/2017 at 8:00 AM. Defendant
ordered to provide jurisdictional discovery by 7/5/2017. [:9] (Court Reporter CS.)
(kwf),(ps) (Entered: 06/20/2017)

06/20/2017

Set Hearings: Default Hearing set for 7/18/2017 at 8:00 AM in Courtroom 260 before
District Judge James D. Peterson. (kwf),(ps) (Entered: 06/20/2017)

06/20/2017

26 ** TEXT ONLY ORDER **
At today's hearing on plaintiff's motion for default judgment, Dkt. 9 , the court
determined that defendants did not show good cause to set aside default, but stayed
consideration of plaintiff's motion pending a determination of whether defendants are
subject to personal jurisdiction. The court ordered defendants to disclose to plaintiff
and provide reasonable documentation, in admissible form, of
(1) the settlor and beneficiary of the trust that owns the Somerset property;
(2) who lives at the Somerset property;
(3) where defendant Michael Montes lives;

(4) where Montes has lived for the past three years;
(5) all travel to Wisconsin by Montes and his wife in the past three years;
(6) all Facebook posts by Montes and his wife in the past three years; and
(7) the principal place of business of each of the defendant businesses.
Defendants must file the disclosures and documentation with the court by July 5.
Defendants may not delete or destroy any Facebook posts. The court will continue the
default hearing on July 18, 2017, at 8 a.m.
Signed by District Judge James D. Peterson on 6/20/2017. (jef),(ps) (Entered:
06/20/2017)
07/05/2017

27 Disregard. See 29 . Modified on 7/6/2017. (lak) (Entered: 07/05/2017)

07/05/2017

28 Disregard. See 29 . Modified on 7/6/2017. (lak) (Entered: 07/05/2017)

07/05/2017

29 Declaration of Michael Montes filed by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme re: 26 Text Only Order, (Attachments:
# 1 Exhibit A − Portion of Plaintiff's Complaint in Tennessee,
# 2 Exhibit B − Montes' Wife's FB Posts,
# 3 Exhibit C, Part 1 − Montes' FB Posts,
# 4 Exhibit C, Part 2 − Montes' FB Posts,
# 5 Exhibit C, Part 3 − Montes' FB Posts,
# 6 Exhibit C, Part 4 − Montes' FB Posts,
# 7 Exhibit D − Notice of Appearance by Counsel in Tennessee,
# 8 Exhibit E − Complaint filed in Tennessee,
# 9 Certificate of Service) (Trost, Kevin),(ps) Modified on 7/6/2017: Exhibit
descriptions. (lak) (Entered: 07/05/2017)

07/17/2017

30 Supplemental Brief in Opposition by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme re: 9 Motion for Default Judgment filed by Craig Cunningham (Trost,
Kevin),(ps) (Entered: 07/17/2017)

07/17/2017

31 Declaration of Kevin Trost filed by Defendants Emailmyvmail.com, Inc., Michael
Montes, Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme in Support of Supplemental Brief in Opposition re: 9 Motion for Default
Judgment, (Attachments:
# 1 Exhibit A − Order in Case No. 15cv554, Middle District of TN, 7/14/17,
# 2 Exhibit B − Plaintiff's Amended Complaint in Case No. 15cv554, Middle District
of Tennessee,
# 3 Certificate of Service) (Trost, Kevin),(ps) Modified on 7/24/2017. (lak) (Entered:
07/17/2017)

07/18/2017

32 Minute Entry for proceedings held before District Judge James D. Peterson: Default
Hearing held on 7/18/2017: Plaintiff's 9 motion for default judgment granted. (Court
Reporter LS.) [:32] (nln),(ps) (Entered: 07/18/2017)

07/18/2017

33 Notice by Defendants Emailmyvmail.com, Inc., Michael Montes, Mydataguys.com,
LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc., Tollfreezone.com, Inc., dba
DOCauditor.com, Tollfreezone.com, Inc., dba mobile trackme re request to seal bank
records. (Attachments:
# 1 Certificate of Service) (Trost, Kevin),(ps) (Entered: 07/18/2017)

07/18/2017

34 ORDER granting in part plaintiff's 9 Motion for Default Judgment ; denying
defendants' 13 Motion to Dismiss and 14 Motion to Set Aside Default. John/Jane Doe
defendants are dismissed from this case. The clerk of court is directed to enter
judgment in favor of plaintiff against defendants Michael Montes, Tollfreezone.com,
Inc., Mydataguys.com, LLC, PODmusicgear.com, Inc. and emailmyvmail.com, Inc. in
the amount of $176,450 together with interest at the rate allowed by law.

All Wells Fargo bank accounts of defendant businesses are frozen. Defendants are
restrained and enjoined from withdrawing or transferring funds in these accounts until
further order of the court.
Counsel for defendant Montes must, within 24 hours after this order issues, provide a
copy to Wells Fargo. Within 72 hours, counsel must confirm to the court that a copy of
this order has been provided to Wells Fargo. Signed by District Judge James D.
Peterson on 7/18/2017. (elc),(ps) (Entered: 07/18/2017)
07/18/2017

35 Certificate of Service by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com, Tollfreezone.com, Inc., dba mobile
trackme as to 34 Order on Motion for Default Judgment, Order on Motion to Dismiss,
Order on Motion to Set Aside Default. (Trost, Kevin),(ps) (Entered: 07/18/2017)

07/19/2017

36 JUDGMENT in favor of Craig Cunningham against Michael Montes,
Tollfreezone.com, Inc., Mydataguys.com, LLC, PODmusicgear.com, Inc., and
Emailmyvmail.com, Inc. in the amount of $176,450.00. (JDP /PAO). (elc),(ps)
(Entered: 07/19/2017)

07/19/2017

37 Motion for Emergency Temporary Restraining Order and Motion that all funds frozen
be turned over to the court's registry by Plaintiff Craig Cunningham. (Attachments:
# 1 Proposed order,
# 2 Certificate of Service) (jef),(ps) (Entered: 07/19/2017)

07/19/2017

38 Motion for Issuance of Nine Subpoenas by Plaintiff Craig Cunningham. (Attachments:
# 1 Proposed order,
# 2 Certificate of Service,
# 3 Instructions,
# 4 Subpoenas) (jef),(ps) (Entered: 07/19/2017)

07/20/2017

39 ORDER denying Plaintiff Craig Cunningham's 37 motion for emergency temporary
restraining order and motion that all funds frozen be turned over to the court's registry
and 38 motion for issuance of nine subpoenas. By July 31, 2017, defendants must
show cause as to why the court should not order them to deposit the amount of the
judgment into the court's registry. Signed by District Judge James D. Peterson on
7/19/2017. (jef),(ps) (Entered: 07/20/2017)

07/25/2017

40 NOTICE OF APPEAL by Defendants Emailmyvmail.com, Inc., Michael Montes,
Mydataguys.com, LLC, PODmusicgear.com, Inc., Tollfreezone.com, Inc.,
Tollfreezone.com, Inc., dba DOCauditor.com as to 36 Judgment, 34 Order on Motion
for Default Judgment,,,, Order on Motion to Dismiss,,,, Order on Motion to Set Aside
Default,,,. Filing fee of $ 505, receipt number 0758−2073881 paid. No Docketing
Statement filed. (Attachments:
# 1 Certificate of Service Certificate of Service) (Trost, Kevin),(ps) (Entered:
07/25/2017)