Opinion
CASE NO. C11-5655RBL
10-25-2011
T-MOBILE USA, INC., a Delaware corporation, Plaintiff, v. SHERMAN TERRY; CUSTOM ACCESS, INC.; GEORGE E. COLLETT D/B/A/ CELL PHONE GEORGE; MATHEW COLLETT; MARILOU COLLETT; SARAH M. HOFFMAN; SANDRA ORTIZ; JOHN DOES 1-10, XYZ COMPANIES 1-10, Defendant.
ORDER DENYING MOTIONS FOR
SUMMARY JUDGMENT
[DKTS. 98, 99, 100]
THIS MATTER is before the Court on Motions for Summary Judgment brought by the defendants: George Collett [Dkt. #98], Marilou Collett [Dkt. #99], and Sarah Hoffman [Dkt. #100]. In each of the Motions for Summary Judgment the defendants profess their innocence. They each claim that the allegations in the Complaint are fabricated and that there is no evidence of wrongdoing. On Friday, October 21, 2011, George Collett confessed of his wrongdoing and that of others. He admitted that his company knowingly violated the terms of the Preliminary Injunction entered by Judge Charles A. Pannell, Jr., United States District Judge for the Northern District of Georgia [Dkt. #82]. This Court found, by clear and unequivocal evidence, that George Collett was in contempt.
Based upon the evidence filed by T-Mobile in opposition to these motions and the testimony at the trial for contempt, the Motions for Summary Judgment [Dkt. #s 98, 99 and 100] are DENIED. The Motion for Extension of Time for Discovery [Dkt. #106] is DENIED.
IT IS SO ORDERED.
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE