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Co. C. Ragsdale Bttn; 1st Texas Cavalry. He is the son of Jean Baptiste & Celeste Roy and the grandson of Jean Miller and Marie Magdelaine Boutin.
Pierre V. Miller Civil War Veteran Pvt. Co. G, 1st La. Hvy. Arty. (Regulars). He is twin brother of Joseph Ozincoutt Miller. He is the son of Jean Miller and Marie Magdelaine Boutin.
William Jackson Miller joined the Confederacy as a private in January, 1864, near Greensburg. He was in the Cavalry, 10th Battalion, Co. C. He was returning from furlough when the South surrendered and was sent to Baton Rouge for parole on 18th May, 1865.
He is the son of Charles Frederic Miller and Caroline Duff and the grandson of Jacob Miller, Jr. and Anne M. Cowan Vogel.
Rosemond Marcantel, Sr. Civil War Veteran with the 7th La. Cav. Enlisted Nov. 1862 near Franklin, La. Later transferred to Wetherley's Inf. Battn. Serving at Mansfield, La. at end of war. Pension, 1924. Son of Zenon Marcantel, Sr. and Cidalise (Sidalise) Miller. She is the daughter of Frederic Miller and Victoria Mayer.
Montie, Valsaint. Civil War Veteran. He served with Crescent Regt., La. Inf. He is the husband of Eugenie Miller, daughter of Michel Miller and Hiacinthe Lejeune.
Judge Minos D. Miller, Jr. World War II Veteran. He was the son of Minos D. Miller, Sr. and Ruth A. Ingram and the great grandson of Pierre V. Miller and Emelia Broussard. He attended LSU from June 1937 to June 1941 seeking two degrees - a BS degree in Business Administration and an LL.B. degree at the Law School. Other law students were Russell B. Long and Alvin B. Rubin. MD's studies were interrupted on August 4, 1941 when he volunteered to become a Naval Aviator. In January of 1946 MD was separated from the Navy as Lieut Sr Grade. Both LSU degrees were awarded in August 1947. He flew off three different aircraft carriers. He was shot down and presumed dead, then buried at sea with a burial service on the USS Wasp on 11 March 1945. At the war's end he was released from a Prisoner Of War camp and rejoined his wife, Ruth M. Loyd.
Henry "Harry" Richard. World War II Veteran. He is the son of Charles Richard and Azena Miller and is the great grandson of Pierre V. Miller & Emelia Broussard. Harry, receiving the Purple Heart. As I recall during the battle at St Lo, Harry was in a jeep that ran over a land mine and was injured. He was very lucky because the other passengers in the jeep were critically injured or killed. Harry was chosen as the exemplary soldier in his division or company and was sent home for two weeks vacation during the Battle of the Buldge. Lucky again. The group I was in along with everything the 8th Air Force could muster flew at 10,000 feet to more accurately blast a path through the German Front Lines at St Lo allowing American troops to break through. Normally we flew at 25 to 30.000 feet. So he was on the ground at St Lo and I was in the air.
Martin Richard. World War II Veteran. He is the brother of Harry Richard, above. On June 6, 2009 the veterans participated in ceremonies commemorating the 65th anniversary of D-Day, also attended by President Obama, French President Nicholas Sarkozy, and Prince Charles of England. The ceremonies took place at the American cemetery at Colleville-sur-Mer. On June 22, the Louisiana House of Representatives and Senate honored the three veterans with concurrent resolutions, and afterward they were guests of Gov. Bobby Jindal in his office. The resolution recognized Richard for participating in 9 firing missions in France and 26 firing missions Germany while serving in the Army. In August of 1944 he was shot down by German anti-aircraft fire over France and was captured. He spent nine months as a prisoner of war in Grostyskow, Poland. Richard has been honored with numerous awards for outstanding bravery and valor during the war, including the Prisoner of War medal and Distinguished Flying Cross. He is a member of the American Legion and the Veterans of Foreign Wars, and has served as commander of the South Louisiana Chapter of the American Ex-Prisoners of War. The resolution closes with the words: "Therefore, be it resolved that the Legislature of Louisiana does hereby commend Martin Richard of Metairie upon his receipt of the French Legion of Honor medal for his military service on D-Day during World War II, does hereby record for posterity the outstanding achievements and remarkable courage of this heroic gentleman, does hereby extend heartfelt and enduring appreciation for the tremendous honor that he brings to his family, friends, and community, the state of Louisiana, and the United States of America, and does hereby recognize that the experiences and achievements of this extraordinary veteran will never be forgotten and will forever remain a source of great inspiration and pride on the minds and hearts of all who know, admire and love him."
Jacob Miller, his wife Anne Marie, and four young children arrived in Southwest Louisiana in November 1769. Their trip was not uneventful. The English schooner La Bretana was the last of many ships that made the same trip to Louisiana. They left Port Tobacco, Maryland on January 5, 1769 after Maryland Governor Antonio de Uloa's decision allowed Acadians displaced from Nova Scotia in what is known as The Acadian Diaspora of 1755 to join their relatives along the lower Mississippi River. “Fifty-seven German Catholics, who were unwilling to endure the local anti-Catholic hysteria born of the French and Indian War” joined the group of Acadians. Jacob Miller and his family were part of the latter group.
The ship's crew, not very competent and impeded by alcohol, missed the Mississippi River and ran aground near the Texas coast. The crew and the ship's passengers were held prisoners at La Behia. After much negotiation with Spanish authorities, the Acadians and Germans were allowed to leave in August. Although there were large Acadian and German establishments, recent political unrest required that the Germans be assigned to the predominately Acadian Iberville post. The Acadians were assigned to Creole Natchitoches.
The Jacob Miller and Anne M. Theigen family, like many arriving in Louisiana at that time, married Acadians and became part of the Southwest Louisiana culture. The names of the men and women of this family are remembered for their service to their country.
Achee, Patrick G. (Lafayette) US Air Force. He piloted B-47's and B-52's. He is the son of Joseph G. Achee and Mary Winona Miller. Mary Winona is the daughter of Alcide Miller and Emma Nunez. Alcide is the grandson of Michel Miller and Hiacinthe Lejeune.
Bergeron, Laura Sherrell. (Jennings) US Air Force. She is the daughter of Philip Bergeron and Ester M. Lejeune and the granddaughter of Theophile Bergeron and Armide Miller.
Canik, Orrie P. USMC (Grand Chenier/Lake Charles). He is the son of Stephen Canik and Corrine M. Miller. Corrine is the great-granddaughter of Pierre V. Miller, Civil War Veteran, and Emelia Broussard. Pierre V. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Ranzy. (Basile/New Orleans). USAF. He is the son of Naddy F. Miller and Helen Courville and the great grandson of Antoine Salomon Miller and Ophelia Fuselier. Antoine S. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Warner Dua. (Kaplan) USAF. He is the son of Dua Joseph Miller and Melanie Portie. Dua J. Miller is the grandson of Andeol Miller, Civil War Veteran, and Sadalise Miller. Andeol is the grandson of Jean Miller and Marie Magdelaine Boutin.
Theriot, James Winston. (Creole, LA). U.S. Army. He is the son of John Whitney Theriot and Mary Wilmer Bonsall and the great grandson of John T Bonsall and Uranie Miller.
Forshag, Elmer Norwood. (Amite). Staff Sergeant in the Louisiana National Guard. He is the husband of Elizabertha "Liz" Miller, daughter of Aliday Miller and Agnes Marie Fontenot. Elizaberta is the granddaughter of Martel Miller and Genevieve Paret.
Forshag, Russell (Amite). Colonel, U.S. Army. He is the son of Elmer N Forshag and Elizaberta Miller. See above.
Bacciagolopi, Gooch (Cameron Parish). He is the son of Whitney Bacciagolopi & Lorraine Sturlese, a descendant of Larent Sturlese & Mary Victoira Miller, the granddaughter of Michel Miller & Hiacinthe Lejeune.
Duplechain, Andrus (Eunice). US Army, Killed in Viet Nam. He is the son of Cleveland Duplechain and Pauline Manual and the 3rd great grandson of Joseph Marie Bergeaux and Marie Victorie Miller. She is the daughter of Jean Miller and Marie Francoise Mayer.
Dupre, Norman Lee (Lake Charles, La). Died when the helicopter he was piloting in Viet Nam was hit by small arms ground fire. The craft crashed in the water and Major Dupre drowned. Full military funeral. He is the son of Alexon Dupre and Nita Montie and the great grandson of Valsaint Montie and Eugenie Miller. Valsaint Montie is a Civil War Veteran.
Miller, Joseph Carol "Sugar Boy". (Grand Chenier, LA) US Army. Combat wounded Vietnam veteran. He is the son of Watkin J. Miller and Elvina Swire and the 3rd great grandson of Jean Miller and Marie M. Boutin.Miller, Joseph "Joe" Lee. US Army. Combat wounded Vietnam veteran and Purple Heart recipient. He is the son of Frank Miller, Sr. and Ina Azena Miller and the 3rd great grandson of Jean Miller and Marie M. Boutin.
Miller, Julian Lee. (Grand Chenier, LA). US Army. He is the son of Frank Miller, Sr. and Azena Swire and the 3rd great grandson of Jean Miller and Marie M. Boutin.
Miller, Murphy Jr. (Basile/Lake Charles/Alachua, FL). USN, Radioman 1st Class Petty Officer. Served on shore duty in the Norfolk, VA area. He is the son of Murphy J. Miller and Mary Lillian Naquin and the great grandson of Antoine Salomon Miller and Ophelia Fuselier. Antoine S. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Tanzy, Jr. USMC. He is the son of Tanzy Miller, Sr. and Helen Bellow and the grandson of Joseph Mayo Miller and Marie L. Verrett. He is the 4th great grandson of Jean Miller and Marie Francoise Mayer.
Chandler, David, US Air Force. He married Garland Ann Miller (Basile/Lake Charles/Melborne, FL). She is the daughter of Murphy J. Miller and Mary Lillian Naquin and the great granddaughter of Antoine Salomon Miller and Ophelia Fuselier. Antoine S. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Fuselier, George, US Air Force (Jennings/Lafayette). He served in Japan. He is the son of Albert Fuselier and Alcina Miller. Alcina is the granddaughter of Antoine Salomon Miller and Ophelia Fuselier. Antoine S. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Fuselier, Warren. US Army (Jennings). He served in Korea. Warren and George are brothers.
Miller, Eli, US Army (Jennings). He married Laura LaBlanc. He is the son of Jean Baptiste Miller and Marie Young and 3rd great grandson of Jean Miller and Marie Francoise Mayer.
Miller, Horace, Jr (Grand Chenier). US Army. He is the son of Horace Miller, Sr. and Lydia Miller and the 2nd great grandson of Jean Louis Miller and Marie Louise (Elise) Teller. Jean L. Miller is the son of Jean Miller and Marie Francoise Mayer.
Miller, Louis (Lake Charles). USMC. Served in Korea. He is the son of Dallas F. Miller and Effie Broussard and the great grandson of Michel Miller and Hiacinthe LeJeune.
Miller, Luther Calvin (Ville Platte), US Army; cited for meritorious service in Korea during the period 11 January to 19 August 1952. He is the son of Lucas Miller and Dea Aucoin and the great grandson of Antoine Salomon Miller and Ophelia Fuselier. Antoine S. Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Whitney J. (Grand Chenier). US Army. He is the son of Joseph "Grand Joe" Miller and Sidalise Miller and the great-grandson of Ursin "Yag" Miller and Melaine Dyson.
Nunez, Curtis (Little Chenier). He is the son of Adonis Joseph Nunez and Mary Irma Conner and the 2nd great grandson of Francois Xavier Miller and Marie Azelie Doucet. Francois X. Miller is the son of Jean Miller and Marie Francoise Mayer.
Miller, Richard Ray (Grand Chenier), US Army Air Force. He is the son of Raphiel Miller and Georgia Nell McCall and the great grandson of Michel Miller, Jr. and Mary Elena Broussard. Michel Miller, Jr. is the grandson of Jean Miller and Marie Francoise Mayer.
Aguillard, Roy. (Chataignier). He served in the US Army during World War II where he fought in the Battle of the Bulge. He married Viola Armand. He is the son on Ceius Paul Aguillard and Merecia Miller and the grandson of Antoine Miller and Augustine P. Manuel.
Arceneaux, Charles L. Jr. (Lake Charles), US Navy serving in Shanghai near the end of WWII, training in demolition with the scouters and raiders, now recognized as the Navy Seals. He married Emma Armeta McCall. She is the daughter of Henry Albert McCall and Mary Gladys Miller. She is the daughter of Alcide Miller and Emma Nunez and the great granddaughter of Jean Miller and Marie Francois Mayer.
Bonsall, James B. US Army (Grand Chenier). He is the son of James H. Bonsall and Bernie L. Colvin and the great grandson of Vasin Montie, Civil War veteran, and Eugenie Miller, daughter of Michel Miller, Civil War veteran, and Hiacinthe Lejeune.
Boudreaux, Clarence J. "Bo Chalk", US Navy. (Creole/Sweetlake) He is the son of Mayo and Lucia Boudreaux and the husband of Beulah Miller. Beulah is the daughter of Alfred Miller and Cecile Trahan and Beulah is the great granddaughter of Ursin Miller and Melaine Dyson.
Broussard, Harris, J. US Coast Guard (Grand Chenier). He served as a member of the Swamp Angels in the United States Coast Guard. He is the son of Sosthene Broussard and the former Melicia Miller. Melicia is the daughter of Eugene Miller and Josephine Angeline Sturlese.
Broussard, Joseph "Bud" Willard, (Grand Chenier). U.S. Army Staff Sergeant and assistant crew chief in World War II for four years servicing among other planes, the B-17G bomber with the 8th Army Air Corp, 306 Bomb Group, 367th squadron. He is the son of Ramie Broussard & Alex Theriot, grandson of Albert Theriot & Annociade Miller & the great-grandson of Pierre V. Miller & Emelia Broussard.
Carter, Brandon, US Coast Guard. (Grand Chenier). He served "aboard a Coast Guard-manned supply ship engaged in amphibious operations against Jap-held islands in the Pacific. One of thousands of Coast Guardsmen pushing the Nips back across the Pacific. Coast Guardsman Carter is a pointer, on an anti-aircraft gun during battle action." (Cameron Pilot) A sister, Aloysia Carter, was in the Nurses' Cadet Corps. He is the son of Dr. Stephen L. Carter and Lorena Miller and the grandson of Eugene Miller and Angeline Sturlese.
Carter, Aloysia, Nurses' Cadet Corps (Grand Chenier). See above. She is sister to Brandon Carter.
Chance, John Edward. He married Joretta Ann Achee (Grand Chenier). She is the daughter of Joseph Gordon Achee and Mary Winona Miller. Mary W. Miller is the granddaughter of Alcide Miller and Emma Nunez. Alcide Miller is the grandson of Michel Miller and Hiacinthe LeJeune and the great granddaughter of Jean Miller and Marie Francois Mayer.
Conner, Lee John. (Grand Chenier, LA) US Army. He is the son of Maise Conner & Eudia Broussard. He married Flora Mae Miller, daughter of Frank Miller, Sr. and Ina Azena Swire. Flora is the 3rd great granddaughter of Jean Miller and Marie M. Boutin.
Dorman, James Floyd (Nederland, TX). He is the husband of Josie Mae Miller. She is the daughter of Armand Miller and Lillie Francois. Armand is the great grandson of Jean Louis Miller and Marie Louise (Elise) Teller. Jean L. Miller is the son of Jean Miller and Marie Francois Mayer.
Dyson, Ruffin Adam. Army Air Force, 5th Air Force, and 33rd Fighter Control Squadron. He was married to Geneva Miller. He received the Expert Machine Gun and Expert Marksman badge. His citations included the Asiatic-Pacific Campaign Medal with four Bronze Stars, Philippine Liberation Ribbon with one Bronze Star, Good Conduct Medal and the Worl War II Victory Medal.
Fontenot, Purdy (Mamou). A Pharmacist Mate 3rd Class Petty Officer in the U.S. Navy, he never married and is the son of Leona Miller & Lubin Fontenot. Leona is the daughter of Emile Miller and Leonie LaFleur. Emilier is the son on Antoine Miller and Augustine P. Manuel. Antoine is the son of Jean Miller and Marie Magdelaine Boutin.
Fontenot, Willis. U.S. Army. Pvt. He is the son of Ernest Fontenot and Pearl Langley and the spouse of Hilda Marie Miller. Hilda is the 3rd great-granddaughter of Jean Miller and Marie F. Mayer.
Gauthier, James Charles "J.C." (Jennings), USMC in the South Pacific and on Wallis Island in World War II. He married Mary Ann Miller, the daughter of Jean Louis Miller and Marguerite Clement. Jean L. Miller is the 2nd great grandson of Michel Miller and Hiacinthe Lejeune.
Granger, Earl S. US Army (Bell City). He served in the European Theatre. He is married to Corrine M. Miller. She is the daughter of Bertrand J. Drozan Miller and Clodia Boudin.
Lane, Jr., Edward Willaim. US Army. Pvt. WW II veteran. He is the husband of Edna Marie Miller. She is the daughter of Philogene Miller and Marie Andy Swire and the granddaughter of Damon Miller, A Civil War veteran, and Onasiz Miller.
Martel, Dewey, (Eunice), US Army. He served in Europe. He is the brother of Gervis P. Martel (below).
Martel, Gervis Paul, (Eunice & Tampa, FL) US Navy Carpenter's Mate 1st Class Petty Officer. He is the son of Etienne Martel and Clementine Savoy. She is the granddaughter of Pierre Savoy and Eugenia Miller and the granddaughter of Jean Miller and Marie Francois Mayer. He served on the USS Carina, a cargo ship that supported the Pacific Fleet, specifically Espirito Santo and Guadalcanal.
McCall, Norman Francis (Grand Chenier). He was in the US Navy and served on the USS Jack, a submarine. He is the son of Henry Albert McCall and Mary Gladys Miller and the grandson of Alcide Miller and Emma Nunez. Alcide Miller is the grandson of Michel Miller and Hiacinthe LeJeune.
McCauley, Helin, (Oberlin) US Navy. He served on the USS Altamaha (CVE-18) stationed in the Pacific. He married Louella Fontenot, the daughter of Euclede Fontenot and Myrza Miller. She is the granddaughter of Antoine Salomon Miller and Ophelia Fuselier. Antoine is the grandson of Jean Miller and Marie M. Boutin.
Mhire, Edison Robert (Grand Chenier). US Army. He was station in Luxembourg, Belgium. He is the son of Apolinaire Mhire and Mary Alice Bonsall. Mary A. Bonsall is the daughter of John Thomas Bonsall and Uranie Miller, granddaughter of Michel Miller and Hiacinthe LeJeune.
Mhire, Edwin (Grand Chenier). He is the son of Apolinaire Mhire and Lisa Miller and the great grandson of Francois Xavier Miller and Marie Azelie Doucet. Francois X. Miller is the son of Jean Miller and Marie Francoise Mayer. He is the half brother to Edison R. Mhire, above.
Mhire, Edwin. US Army (Grand Chenier). He is brother to Horace Mhire, see below. He was awarded the Purple Heart for wounds received in action in Germany with the combat engineers. He entered the Army in 1943, and went overseas in October of the same year. He participated in the invasion of France. He is a graduate of the 1942 class of the Grand Chenier high school.
Mhire, Horace (Grand Chenier). He is the son of Apolinaire Mhire and Mary Alice Bonsall and the grandson of John Thomas Bonsall and Uranie Miller. Uranie Miller is the granddaughter of Michel Miller and Hiacinthe Lejeune and the great granddaughter of Jean Miller and Marie Francois Mayer.
Miller, Alfred (Grand Chenier). US Coast Guard. He is the son of John Numa (Luma) Miller and Azelie Dupree and the great grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Aliday (Chataignier). US Navy. He is the son of Martel Miller and Genevieve Paret and the grandson of Jean Miller and Marie Magdelaine Boutin.
Miller, Ariel "Slim" (Eunice). U.S. Army. He is the son of Jules Miller and Lena Corkin, grandson of Jean Bte Miller, Jr. and Margurite Courville and the great grandson of Jean Miller and Marie M. Boutin.
Miller, Cleophas. (Ville Platte), (U.S. Navy. Chief Water Tender). He is the son of Emilier Miller and Leonie Lafleur and the great-grandson of Jean Miller and Marie Magdelaine Boutin.
Miller, Cleveland J. (Grand Chenier). US Navy and served on the USS Ringold and was awarded 10 service medals and various ribbons. He is the son of Damon Miller, a Civil War veteran, and Onasia Miller.
Miller, Clifford Adam. (Cameron). He is the son of Savain Miller and Malaise Broussard and grandson of Damon Miller, a Civil War Veteran, and Onasia Miller. Clifford is the 2nd great-grandson of Jean Miller and Marie M. Boutin.
Miller, Clifford. He is the son of Victor Mathieu Miller and Elodia Thibodeaux and the 2nd great grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Clifford J. US Army. (Grand Chenier). He was wounded in action and was a member of the Ninth armored tank battalion. He is the son of Xavier Miller and Emma Broussard and the great-great grandson of Jean Francois Miller (b. 1842) and Elizabeth Gallien (1853-1929).
Miller, Dominic Joseph, Sr., US Coast Guard (Grand Chenier). He is the son of Hypolite Miller and Mathilda Miller and the 2nd great grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Dulva D. USMC. He is the son of Artlous Miller and Barbara Brent or Bryant and the 3rd great-grandson of Jean Miller and Marie F. Mayer.
Miller, Edward James. US Army (Acadia Parish). He is the son of Arthur J. Miller and Josephine Eaves and the 3rd great grandson of Jean Miller and Marie F. Mayer.
Miller, Ernest Jean, US Army (Grand Chenier). He is the son of Alfred Miller and Emma Nunez and the 2nd great grandson of Jean Miller and Marie Magdelaine Boutin.
Miller, Eugene P., Cpl., US Army. (Grand Chenier). . He is the son of Pravate Miller and Aspasie Richard and the grandson of Eugene Miller and Angeline Sturlese.
Miller, Fred Ory. US Air Force (Denham Springs). He is the son of William Christopher Miller and Martha Geneva McNabb. He is the 2nd great grandson of Jacob Miller, Jr. and Anne M. Cowan Vogel.
Miller, Freddie, US Navy (Fireman 2nd Class Petty Officer). He took part in the invasion of Iwo Jima. He is the son of John Numa Miller and Alvina Roberts and the great grandson of Ursin Miller and Melaine Dyson.
Miller, George. US Army Air Corps. He is the husband of Martha Lenore Mhire (Grand Chenier & Pottstown, PA). She is the daughter of Horace P. Mhire, WW II veteran, and Rosa Thibodeaux, and the granddaughter of John Thomas Bonsall, son of a Civil War veteran, and Uranie Miller. Uranie is the daughter of Mary Elena Broussard and Michel Miller, Jr. Civil War veteran buried at Bayou Beouf, La.
Miller, Gilford Martin, (Grand Chenier). He served in the US Army and was awarded the Purple Heart. He is the son of Joseph "Grand Joe" Miller and Sidalise Miller and the great-grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Gloria La Verne. (Grand Chenier). US Navy Wav. She is the daughter of Raphiel Miller and Georgia Nell McCall and the granddaughter of Alcide Miller and Emma Nunez. Alcide Miller is the grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Henry. (Carlyss and Iota and Tee Mamou). He is the son of Louis E Miller and Unknown Daigle and the 3rd great grandson of Frederic Miller and Victoria Mayer.
Miller, Hubert (Grand Chenier). He is the son of Sidalise Miller and Joseph Miller. He is the fraternal grandson of Ursin Miller and Melaine Dyson. He is the maternal grandson of Valsaint Montie, Civil War Veteran, and Eugenie Miller. His fraternal and maternal grandparents are Michel Miller and Hiacinthe Lejeune.
Miller, Hubert (Grand Chenier), USN. He is the son of Joseph Miller and Sidalise Miller. Joseph Miller is the great grandson of Michel Miller and Hiacinthe Lejeune.
Miller, Joseph Nunez. (Grand Chenier). US Coast Guard; Warrant Officer. In his late fifties he served his country in the US Coast Guard stationed in Grand Chenier, LA. He married Edna Theriot and is the son of Alcide Miller and Emma Nunez and the grandson of Michel Michel Miller and Hiacinthe Lejeune.
Miller, Lee John (Lake Charles). He was in the US Navy and a 2nd Class Petty Officer, Electricians Mate on the USS Marcus Island, an aircraft carrier. He is the son of Bertrand Joseph Drozan Miller and Clodia Boudoin and the 2nd great grandson of Francois Xavier Miller and Marie Azelie Doucet. Francois X. Miller is the son of Jean Miller and Marie Francoise Mayer.
Miller, Malcolm L. (Reddell/Mamou). US Army. He served after WWII in 1946/47 and was stationed in Japan during the Occupation or rebuilding of that country. He is the son of Octave H. Miller and Bertha Ricard, and he is the grandson of Jean Pierre Miller and Caroline Guillory. Jean Pierre is the grandson of Jean Miller and Marie M. Boutin.
Miller, Minos D., Jr. (Jennings), Lieutenant (Sr. Grade), US Navy pilot and MIA/POW. A pilot who flew missions from three aircraft carriers and was a Prisoner of War for eight months, presumed dead and buried at sea. He lived to return to his wife and both enjoyed professional lives in law. He retired as District Judge for the 31st Judicial District. Minos married Ruth Means Loyd. He is the son of Minos D. Miller, Sr., a WW I veteran, and Ruth Adele Ingram. Minos D. Miller, Sr. is the grandson of Civil War veteran Pierre V. Miller and Emelia Broussard.
Miller, Leroy, Pvt. Cml warfare services. He died in North Africa on July 17, 1943. He is the son of Horace Miller, Sr. and Lydia Miller and the grandson of Joseph Viliar Miller and Celestine Andrepont. Joseph V. Miller is the great grandson of Jean Miller and Marie Francoise Mayer.
Miller, Raphael R, Lt. US Army Nurse Corps. (Grand Chenier). She is the daughter of Raphiel Miller and Georgia N. McCall and the great granddaughter of Michael Miller, Jr. and Mary Elena Broussard.
Miller, Rellim James. (Chataignier & Houston, TX). US Navy on Y O 186. Supplied water to Marshall Islands. He is the son of Lucas Miller and Dea Aucoin and the grandson of Camille Marie Miller and Martha Paret. Camille M. Miller is the grandson of Antoine Miller and Augustine Pierre Manuel. Antoine Miller is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Roderick Luke. (Lafayette). US Army Air Force. He served as a B-29 navigator during World War II and was recalled for serve in the Korean War. He is the son of Cleophas Miller and Isabelle Michot and the grandson of Emile Miller and Leonie LaFleur. Emile is the grandson of Jean Miller and Marie M. Boutin.
Miller, Rudolph (Grand Chenier). He is the son of Joseph Miller and Sidalise Miller and the grandson of Ursin Miller and Melaine Dyson. Ursin Miller is the son of Michel Miller and Hiacinthe Lejeune.
Miller, Sevan J. (Grand Chenier). He is the son of Hypolite Miller and Mathilda Miller and the paternal grandson of Joseph O. Miller and Amalie Boudoin and the maternal grandson of Sevin Miller and Mary Beckman.
Miller, Stephen J. Cpl. US Army. (Grand Chenier). He is the son on Valcin Miller and Aurelia Primeaux and the great-great grandson of Ursin Miller & Melaine Dyson.
Miller, Tony. US Army (Eunice). He is the son of Paul Paulstron Miller and Olin Moreau and 2nd great grandson of Jean Miller and Marie Francoise Mayer. He served in General Paton's 3rd Army.
Miller, Vergile "Joe". (Iota). US Navy. He is the son of Simon Miller and Louise Leger. Simon is the grandson of Joachim Miller and Modeste Leger. Joachim is the son of Frederic Miller and Victoria Mayer.
Miller, Watkin. (Cameron). US Coast Guard. He married Alvina Swire and is the son of Valsant Miller and Azemie Bertrand and the great grandson Francois Xavier Miller and Marie Azelie Doucet.
Miller, William Paul (Creole). He was married to Wynona Mhire, the son of Joseph Miller and Marie Chloraine Theriot and the grandson of Joseph O. Miller and Amalie Boudoin.
Nunez, Elry, Sr. (Lake Charles) He married Lora Marie Jones and is the son of Adonis Joseph Nunez and Mary Irma Conner and the grandson of Jean Francois Miller and Elizabeth Gallier. Jean F. Miller is the grandson of Jean Miller and Marie Francoise Mayer.
Phifer, George H., Captain, US Army. He married Lt. Raphael R. Miller (see above).
Placette, Gordon Bernard, Sr. US Army. He is the son of Joseph B. Placette and Beatrice Fruge and the great grandson of Joseph A. Fruge and Emerante Miller.
Portie, Ervis, Sr. (Grand Chenier & Houma). US Army. He married Louise Mary Swire and the son of Asa and Louise Portie; the grandson of Michel Montie & Cora Theriot and the great-great grandson of Michel Miller and Hiacinthe Lejeune.
Ricard, Henry. T Sgt. US Army. Killed in action while serving as Flight Engr. on a B-24. He was shot down on June 18, 1944 while delivering supplies to the French underground. He is buried in St. James Military Cemetery, Normandy. He is first cousin to Malcolm L Miller. Henry is his mother's nephew. Malcolm's mother is Bertha Ricard. She married Octave Miller, son of Jean Pierre Miller and Caroline Guillory.
Richard, Harry J. US Army (Grand Chenier). Awarded the Purple Heart medal for actions at the Battle of Saint Lo.. While he was on the ground, his brother, Martin Richard was flying above to blast a path through the German lines at St. Lo. He is the son of Charles Richard and Azena Miller and the grandson of Eugene Miller and Angeline Sturlese.
Richard, Martin. (Grand Chenier). A prisoner of war in Germany. He is brother to Harry J. Richard, above. He received the Prisoner of War metal and the Distinguished Flying Cross. In June 2009, he received France's Honor of Legion, France's highest decoration for his military service during the 65th D-Day anniversary ceremonies.
Rogers, Charles A. "Buster". US Army Staff Sergeant during WWII. He trained troops at Ft. Lewis, WA and because of their perfection; his outfit was chosen to perform for President Harry Truman. He was married to Roberta Eagleson, daughter of Pete Eagleson and Sallie L. Sweeney. Sally L. Sweeney is the granddaughter of Pierre V. Miller and Emelia Broussard.
Sturlese, Adam Gooch, S/Sgt. US Army. (Grand Chenier). Died at the Battle of the Bulge, Belgium on January 12, 1945. He is the son of Joseph Frozan Sturlese and Dorothe Theriot and the grandson of Laurent Sturlese and Mary Victoria Miller. Mary V. Miller is the granddaughter of Michel Miller and Hiacinthe Lejeune.
Sturlese, Enos. US Army. (Grand Chenier). Brother to Adam Gooch Sturlese. He served in the southwest Pacific.
Sturlese, Hubert. US Coast Guard. (Grand Chenier). He is the son of Lucien Sturlese and Phelonia Miller and the grandson of Valsaint Miller and Mary L. Portie. He is the great grandson of Michel Miller and Hiacinthe Lejeune.
Thibodeaux, Adam Dudley (1913-2000). (Lake Arthur) U.S. Navy. He is the husband of Annie Miller, daughter of John Numa Miller and Marie Azalie Duprie. Annie is the granddaughter of Ursin "Yag" Miller and Melaine Dyson and the great-granddaughter of Michel Miller & Hiacinthe Lejeune.
Rovelia Miller, (Bayou des Cannes near Pine Point and Mamou, LA), US Army. He is the son of Jean Pierre Miller and Caroline Guillory and the grandson of Antoine Miller and Augustine Fuselier. He died from the flu pandemic.
Bonsall, Issac, father John Thomas Bonsall, husband of Uranie Miller. He was killed in action on April 8, 1864 at the Battle of Mansfield.
Boudin, Pierre Beloni, Co. E, Ragsdale's Battn., Tex. Cav. He is the fraternal grandfather of Clodia Boudoin who married Drozan Joseph Miller.
Broussard, Emile, Co. A, 8th La. Inf. Enlisted in La. He is the maternal grandfather of Clodia Boudoin who married Drozan Joseph Miller.
Broussard, Jr., Nicholas. He was the father of Nicholas Broussard, III who married Ursulia Miller in 1887, the last child born to Euphrosin Miller and Mary Celoma Bertrand.
Cormier, Joseph, Sr., Willers' Tex. Battn. He was the father-in-law of Victoria Miller, the fifth child of Euphrosin Miller and Mary Celoma Bertrand.
Bradford, Foster M. Son of Isham Bradford and Elizabeth McIntosh. He is the 2nd great-grandfather of Marilyn Dianne Miller. Marilyn D. Miller married John B. Brock, III and is the daughter of Albert D. Miller and Viola Vivian Bradford and the great granddaughter of Pierre V. Miller, also a Civil War Veteran.
Marcantel, Dupre. Son of Antoine Marcantel and Marie Celeste Miller (Celestine), daughter of Jean Miller and Marie Francoise Mayer.
Marcantel, Joseph. Son of Antoine Marcantel and Marie Celeste Miller (Celestine), daughter of Jean Miller and Marie Francoise Mayer.
Marcantel, Maxile. Son of Antoine Marcantel and Marie Celeste Miller (Celestine), daughter of Jean Miller and Marie Francoise Mayer.
Marcantel, Sr., Rosemond. Son of Zenon Marcantel, Sr. and Cidalise (Sidalise) Miller. She is the daughter of Frederic Miller and Victoria Mayer.
McCall, John Martin. He is the great granduncle of Oma Roberta McCall. She married Lee John Miller in 1946. Lee J. Miller served in the U.S. Navy during WWII.
McCall, William Harrison. A Confederate soldier in Gen. Richard Taylor's army facing a Union invasion up the Red River, he died of pneumonia somewhere near Mansfield, LA. He is buried at Confederate Cemetery, Mansfield, LA. He is the great granduncle of Norman, Claude, Oma Roberta, Emma Armeta and Henry Albert McCall, Jr., all children of Henry A. McCall and Mary Gladys Miller. Mary G. Miller is the daughter of Alcide Miller and Emma Nunez.
Miller, Adolphe. Son of Jean Louis Miller and Marie Louise (Elise) Teller: grandson of Jean Miller and Marie Francoise Mayer.
Miller, Ageren. Pvt. Co. G, 1st La. Hvy. Arty. Killed at the Battle of Vicksburg, Mississippi. Probably brother of Edmond.
Miller, Andeol. He is the son of Jean Baptiste Miller and Celistine Roy and the grandson of Jean Miller and Marie Magdelaine Boutin.
Miller, Euphrosin. Son of Michel Miller and Hiacinthe Lejeune, grandson of Jean Miller and Marie Francoise Mayer.
Miller, Jacob. Pvt., Co. A, Miles Legion (32nd La. Infantry). He is the son of Jean Frederic Miller and Catherine Reed and the grandson of Frederic Miller and Victoria Mayer.
Miller, Damon. Co. C. Ragsdale Bttn; 1st Texas Cavalry. He is the son of Jean Baptiste & Celeste Roy and the grandson of Jean Miller and Marie Magdelaine Boutin.
Miller, Dennis. Co. D; 7th La. Cavalry. He is son of Luffroy & Rebecca Hall and grandson of Frederic Miller and Victoria Mayer.
Miller, Dutrive. Co. G; 28th Infantry. He is the son of Jean Louis Miller, Jr. and Julie Bello and grandson of Jean Louis Miller and Marie Louise (Elise) Teller.
Miller, Leufroy. Co. B, 7th La. Cavalry. He is the son of Jean Frederic Miller and Louise Fruge and grandson of Frederic Miller and Victoria Mayer.
Miller, Edmond. He was killed at the Battle of Vicksburg, Mississippi in November 1862. Probably brother of Ageren.
Miller, Emile. He was killed at the Battle of Vicksburg, Mississippi. Probably not the brother of Ageren and Edmond even though they had a bother named Emile.
Miller, Gustave. He may be the son of Luffroy & Rebecca Hall and grandson of Frederic Miller and Victoria Mayer. Since he was born in 1851 he would have served at a very young age as this Gustave enlisted in October 1862. He went to Jackson, La. hospital 5-11-1863 and at a parole camp in Mississippi on 1-2-1864.
Miller, Jean Baptiste. Son of Jean Frederic Miller and Louise Fruge. Grandson of Frederic Miller and Victoria Mayer.
Miller, Jean Francois. Co. B. La. Cavalry. He is the son of Francois Xavier Miller and Marie Azelie Doucet and the grandson of Jean Miller and Marie F. Mayer. He married Elizabeth Gallien/Gallier in 1882.
Miller, Jean Ursin. Co B, 17 La Inf, C.S.A. He is the son of Baptiste Ursin Miller and Louise Fruge and the grandson of Jean Miller and Marie Francoise Mayer.
Miller, Joseph Ozincoutt. Port Hudson Hospital Ledger reports leg amputated. Presumed he died near Port Hudson as he never returned home. Some believe he fought and died at Battle of Mansfield. He is the son of Jean Miller and Mary Magdelaine Boutin.
Miller, Jr., Michel. He died in 1864 on Bayou Bouef (near Morgan City) on his way home to Grand Chenier after serving in the Civil War. He is the son of Michel Miller and Hiacinthe Lejeune and the grandson of Jean Miller and Marie Francoise Mayer.
Miller, Valery. Co. D, Weatherly Battalion. Surrendered and discharged at Mansfield. He is the son of Jean Louis Miller, Jr. and Julie Bello and grandson of Jean Louis Miller and Marie Louise (Elise) Teller.
Miller, William Jackson. William Jackson Miller joined the Confederacy as a private in January, 1864, near Greensburg. He was in the Cavalry, 10th Battalion, Co. C. He was returning from furlough when the South surrendered and was sent to Baton Rouge for parole on 18th May, 1865. He is the son of Charles Frederic Miller and Caroline Duff and the grandson of Jacob Miller, Jr. and Anne M. Cowan Vogel.
Miller, Pierre Valcour. Pvt. Co. G, 1st La. Hvy. Arty. (Regulars). He is twin brother of Joseph Ozincoutt Miller. He is the son of Jean Miller and Marie Magdelaine Boutin.
Miller, Philomen. He enlisted on October 27, 1861, New Orleans, La. in Co. B., 18 Louisiana Infantry Regiment. He is the son of Joachim Miller and Modesta Leger and the grandson of Frederic Miller and Victoria Mayer.
Miller, Ursin. Served with Fournet's Battn. La. Inf. Enlisted in LA. Son of Michel Miller and Hiacinthe Lejeune, grandson of Jean Miller and Marie Francoise Mayer.
Montie, Valsaint. He served with Crescent Regt., La. Inf. He is the husband of Eugenie Miller, daughter of Michel Miller and Hiacinthe Lejeune.
Sturlese, Joseph Andre. The ancestor of many Miller's as his children were married to Ursele Miller, Eugene Miller, Mary Victoria Miller, Pierre, Valcour Miller, Jr., and Filona Miller.
Theriot, Jean Baptiste Villor. Pvt., La. Art. And Crescent Regt., La. Inf. He married Cleonise Richard. They are the parents of Albert Theriot who married Annociade Miller. Annociade Miller is the daughter of Civil War Veteran Pierre Valcour Miller and Emelia Broussard.
Vige, Edomond Pierre. Pvt., Co. I, 28th (Thomas') La. Inf. He married Catherine (Katie) Langley and their great-great grandparents of Ethel Marie Fontenot, the great great grandchild of Zenon Marcantel & Sidalise Miller. Sidalise is the daughter of Frederic Miller and Victoria Mayer.
Miller, Jacob Jackson. The son of Jacob Miller, Jr. and Anne Marie Cowan Vogal and the grandson of Jacob Miller and Anne Marie Theigen.
*“The Long Road to Louisiana: Acadian Exiles and the Britain Incident” by Carl A. Brasseaux, Assistant Director of the Center for Louisiana Studies at the University of Southwestern Louisiana.
* The veteran information was obtained from The Civil War Veterans of Old Imperial Calcasieu Parish Louisiana, Compiled by Betty Tyler Rosteet & Sandra Fisher Miguez, Southwest Louisiana Genealogical Society, Inc., Library of Congress: 94-1245, 1994 and from personal research performed by Malcolm L. Miller, Murphy Miller, Jr. and others.

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Thank you for your interest in using the online services operated by IXL Learning, Inc. (hereafter called "IXL"). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with www.ixl.com (collectively, the "Service"), which are offered through (i) www.ixl.com, (ii) mobile applications associated with www.ixl.com, and (iii) any other IXL website, app or online service which links to these Terms of Service.
A note about Student Data: This Service may be purchased by providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use our services for educational purposes. When IXL contracts with a School to provide the Service, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school's behalf. Our collection, use and sharing of Student Data is governed by this Agreement and any applicable laws and regulations including, in the U.S., provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA") and applicable state laws.
The Service helps its users to learn and practice various subjects including mathematics, language arts, science, and social studies. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is" and that IXL assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.
IXL grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IXL for use in accessing the Service.
To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
IXL does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply.
If you open an IXL account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact IXL to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IXL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IXL has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).
IXL sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the IXL website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of IXL.
IXL provides a variety of "account types" which may apply depending on the subscriber and the way an IXL account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. IXL reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.
Family Account — A family account is purchased by or for a Parent. Family accounts are generally only available for purchase through the IXL website or a third-party app store using a credit card. A family account typically includes child profiles that can be used by a Parent's child at the Parent's direction. Family account subscriptions are generally for a term of one month, six months, or one year. The term is disclosed at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed by contacting help@ixl.com. Family accounts automatically renew. See Section 6 below for more information about automatic renewal and cancellation of automatically renewing accounts.
Classroom Account — A classroom account is purchased by or on behalf of a school, such as by a teacher. Classroom accounts may generally be purchased either through the IXL website, or by phone or e-mail. A classroom account typically includes a single teacher user and a small number of student users (which may vary depending on the purchase). A classroom account is typically for a term of one year. The term is disclosed at the time of purchase. Classroom accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., teacher) to renew and continue using a classroom account past the end of the term. A classroom account is a type of school account. More information relating to school accounts may be found in Section 5 below.
Site Account — A site account is purchased by or on behalf of a school or school district. Site accounts may be purchased by phone or e-mail. A site account typically includes an unlimited number of teacher users and a set maximum number of student users (which may vary depending on the purchase). A site account may be for a term of one year or longer. The term is disclosed at the time of purchase. Site accounts do not automatically renew. Action must be taken by the school or its authorized representative (e.g., school administrator) to renew and continue using a site account past the end of the term. A site account is a type of school account. More information relating to school accounts may be found in Section 5 below.
Quotes and Proposals: Any quotes or proposals provided by IXL are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by IXL at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to IXL and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from IXL you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from IXL. To the extent that public records laws may apply to a quote or proposal provided by IXL, you agree to immediately notify IXL of any public records request that may result in disclosure of an IXL quote or proposal and provide IXL all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with IXL.
Payments: School accounts have the option to make payment by credit card, check, or other methods at IXL's discretion (contact us for details). Payment must be received by IXL no later than 30 days after IXL issues an invoice. If IXL does not receive payment within 30 days, the invoice is past due and IXL reserves the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. IXL reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.
Cancellation: Except as set forth below or otherwise agreed by IXL in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
In the event that the Service is permanently discontinued.
IXL otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that IXL's efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.
This Section 5 applies to a School's use of the Service.
When IXL is used by a School for an educational purpose, IXL may collect or have access to Student Data that is provided by the School or by a student. "Student Data" is personal information that is directly related to an identifiable student and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
Compliance with Laws. In the U.S., IXL may collect and process Student Data as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g). Individually and collectively, we and our School Users agree to uphold our obligations under FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA"), applicable State laws relating to student data privacy, and with all other laws and regulations governing the protection of Student Data.
Use of Student Data. By submitting, providing us access to, or causing us to receive Student Data, you agree that IXL may use the Student Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School's or the User's consent.
Use of De-Identified or Anonymized Student Data. You agree that both before and after the term of the Agreement, IXL may collect, analyze, use, and retain data derived from Student Data as well as data about users' access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that IXL may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that IXL may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, IXL shall never use Student Data to engage in targeted advertising.
Student Data Access and Deletion Requests. You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that IXL shall not be required to delete Student Data that has been moved to a personal family account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. IXL is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure the personal information in IXL's possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a "Security Event"), that we have collected or received through the Service under this Agreement, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of IXL or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and IXL shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of IXL or its agents, IXL shall reasonably cooperate with School's investigation of the Security Event, as School requests, at School's reasonable expense, but IXL shall not indemnify a School for costs associated with the Security Event. IXL shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
This Section 5.1 applies to the use of the Service by Schools located in the State of Connecticut. The purpose of this Section 5.1 is to document compliance with applicable Connecticut state laws that may apply to the use of the Service by Schools in Connecticut, such as Conn. Gen. Stat. Ann. § 10-234aa-dd. This Section 5.1 incorporates by reference the definitions set forth in Conn. Gen. Stat. Ann. § 10-234aa.
If you open an IXL account to provide the Service to students in a School located in the State of Connecticut, you represent and warrant that you are authorized to do so on behalf of the local or regional board of education with authority over the School and that you are authorized to communicate with IXL on behalf of the local or regional board of education.
IXL and you shall comply with all applicable sections of Conn. Gen. Stat. Ann. § 10-234aa-dd. The following terms shall apply as required by Conn. Gen. Stat. Ann. § 10-234bb. To the extent that any such required terms conflict with other terms in this Agreement, the terms of this Section 5.1 shall apply.
Student information, student records and student-generated content are not the property of or under the control of IXL.
The local or regional board of education may request the deletion of any student information, student records or student-generated content in the possession of IXL by sending a request to compliance@ixl.com. As permitted by Conn. Gen. Stat. Ann. § 10-234bb(2), IXL is not required to delete information prohibited from deletion or required to be retained under state or federal law or stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by the contractor. IXL will, however, comply with requests for deletion of student information, student, records, or student-generated content that is restored from such disaster recovery storage systems.
IXL will not use student information, student records and student-generated content for any purposes other than those authorized pursuant to this Agreement.
A student, parent or legal guardian of a student may review personally identifiable information contained in student information, student records or student-generated content and correct erroneous information, if any, in such student record by contacting their School. IXL will respond to such requests in accordance with instructions sent by an authorized School representative to compliance@ixl.com.
IXL will take actions designed to ensure the security and confidentiality of student information, student records and student-generated content.
IXL will promptly notify the local or regional board of education in accordance with the provisions of section 10-234dd when there has been an unauthorized release, disclosure or acquisition of student information, student records or student-generated content.
Student information, student records or student-generated content shall not be retained or available to the contractor upon expiration of this Agreement. This restriction shall not apply to the extent that a student, parent or legal guardian of a student independently establishes or maintains an electronic account with IXL for the purpose of storing their student-generated content.
IXL and the local or regional board of education shall ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.
The laws of the state of Connecticut shall govern the rights and duties of IXL and the local or regional board of education.
If any provision of this Section 5.1 is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the contract which can be given effect without the invalid provision or application.
This Section 6 applies to accounts that have been created through the Service using a credit card and automatically renew.
You can find specific details regarding your membership with IXL at any time. Simply sign in to your IXL account, click on the account menu in the upper-right corner, and select Membership details. You may also contact IXL with any questions that you may have by contacting us.
MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (MONTHLY OR YEARLY), UNTIL YOU CANCEL.
By starting your IXL membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly) anniversary of your subscription date, and as authorized by you by checking the box demonstrating your consent for automatic monthly/yearly renewals of your subscription during the sign-up process, we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Membership details page. To access your Membership details page, sign in to your IXL account, click on the account menu in the upper-right corner, and select Membership details. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Sign in to your IXL account, click on the account menu in the upper-right corner, and select Membership details to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.
Cancellation of Automatic Renewals. You may cancel your IXL membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your IXL account and click the words "Cancel membership" on your Membership details page. Follow the instructions for cancellation under the heading "Cancel Membership."
Price Changes. We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).
Purchases through Third-Party Stores. If you purchased your IXL membership through a third-party store, such as through your Apple iTunes or Google Play account, portions of this Section may not apply to you. Because such a purchase is between you and the third-party store, and not IXL, you acknowledge and agree that IXL is not responsible for billing for your membership and is not responsible or liable for any claims relating to the billing of your purchase. If you have questions about membership or billing, you should contact the Apple iTunes store directly.
You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify IXL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IXL cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
IXL accounts may not be shared by more than one person or organization unless express authorization is given by IXL Learning, Inc.
You are solely responsible for any content that you create, transmit or display while using the Service.
The Service or IXL may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content").
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to IXL, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to IXL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and IXL's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You must have the legal right to the User Content you submit to the Service. You may not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post by the by the owner or by law.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
Please note that this procedure is exclusively for notifying IXL and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with IXL's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, IXL has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. IXL may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Recognizing the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the jurisdiction(s) in which you reside.
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Notwithstanding the foregoing, IXL shall not make any material change to the Terms that relate to the collection or use of Student Data without first giving notice to the school or parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.
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The Service is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the content of the Service or any portion thereof by any means, including but not limited to electronic and print.
IXL reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IXL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
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In no event shall IXL or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners' total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the IXL Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the IXL Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IXL and the IXL logo are registered trademarks of IXL Learning, Inc. You agree not to use any IXL trademarks without the express advance written permission of IXL.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Mateo County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM IXL. For any dispute with IXL, you agree to first contact us at legalnotices@ixl.com and attempt to resolve the dispute with us informally. In the unlikely event that IXL has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California, unless you and IXL agree otherwise. If you are a School or are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing IXL from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND IXL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
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This Agreement, together with any amendments and any additional agreements you may enter into with IXL relating to the Service, shall constitute the entire agreement between you and IXL and govern your use of the Service, superseding any prior agreements between you and IXL. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. This Agreement may only be superseded by a signed, notarized writing executed by an officer of IXL. The failure of IXL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Except for actions for nonpayment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. We might make versions of this Agreement or one or more of our Policies available in languages other than English. If we do, the English version of this Agreement and any such Policies will govern our relationship and the translations are provided for convenience only and will not be interpreted to modify the English version of this Agreement or such Policies.


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(a) Change of Ownership or Control for Career Schools and Colleges. In the event of a change in ownership or control of a career school or college, the Certificate of Authority or Certificate of Authorization is automatically void unless the institution meets the requirements of this section.
(4) The institution must submit satisfactory evidence of financial ability to adequately support and conduct all approved programs. Documentation shall include but may not be limited to independently audited financial statements and auditor's reports and assurance that the new owner does not currently own or operate any institutions under financial restrictions for, or is not permanently debarred from participating in, federal financial aid by the United States Department of Education.
(c) If the institution does not meet the conditions outlined under this section prior to completion of transfer of ownership or control and the institution loses its Certificate of Authority or Certificate of Authorization, the new owner(s) shall submit a new application for a Certificate of Authority as outlined under §7.8 of this chapter (relating to Institutions Not Accredited by a Board-Recognized Accreditor) or a new application for a Certificate of Authorization as outlined under §7.7 of this chapter (relating to Institutions Accredited by Board-Recognized Accreditors).
(d) Any modification of an approved degree program that results from a change of ownership or control constitutes a program revision. Requests for approval of program revisions or other substantive changes as defined in §7.3 of this chapter (relating to Definitions) shall conform to the procedures and requirements contained in §7.7 and §7.8 of this chapter.
(e) If the ownership or control of a career school or college is transferred within, among, or between different subsidiaries, branches, divisions, or other components of a corporation and if said transfer in no way diminishes the career school or college's administrative capability or educational program quality, the Commissioner may permit the school to retain its Certificate of Authority or Certificate of Authorization during the transfer period. In such cases, the career school or college shall fully comply with all provisions outlined in this section.
(f) All notifications regarding changes of ownership or other substantive changes, as defined in §7.3 of this chapter (relating to definitions), should be provided to the Board via the institution's designated Single Point of Contact.

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Chae Chan Ping v. United States 130 U.S. 581 (1889).
Downes v. Bidwell 182 U.S. 244 (1901).
Giles v. Harris 189 U.S. 475 (1903).
Hans v. Louisiana 134 U.S. 1 (1890).
In re Debs 158 U.S. 564 (1895).
Featuring Black’s Law Dictionary, 2nd Ed.
Featuring Black’s Law Dictionary 2nd Ed.
Citation. 182 U.S. 244 (1901).
When Puerto Rico became a U.S. territory, Congress established sources of income for the territory, including duties on Puerto Rican goods imported into the U.S. Downes (Plaintiff) challenged, arguing that the duties violated Article I, § 8, cl.1 of the Constitution.
The revenue clauses in the Constitution extend only to states, not to U.S. territories.
The United States ratified a treaty with Spain that ended the Spanish-American War. As part of that treaty, Puerto Rico became a U.S. territory. Congress passed the Foraker Act in 1900 to temporarily provide for a civil government and sources of revenue for Puerto Rico. One of the sources of revenue was a duty imposed on Puerto Rican oranges imported into the U.S. Plaintiff was a merchant seeking to import these oranges and he challenged these duties as in violation of Article I, § 8, cl. 1 of the Constitution. Article I, § 8, cl. 1 of the U.S. Constitution states that “all duties, imposts, and excises shall be uniform throughout the United States.”� Bidwell (Defendant) was the government agent responsible for collecting the duties. The Supreme Court decided the case. (The remainder of the procedural posture is omitted from the casebook).
Do the Constitution’s revenue clauses extend beyond the states and apply to U.S. territories?

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As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary judgment stages, and there have been other positive TCPA decisions during the past month as well. But unfortunately, it is not all good news. At least three courts have certified TCPA class actions in the past month. Although the facts of each case are obviously critical to assessing the propriety of class certification, we always prefer to see class certification denied in these sorts of cases. Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.
ATDS: Federal district courts continue to weigh in on the meaning of the D.C. Circuit’s ruling in ACA v. FCC and how it impacts the standard for determining whether the defendant used an automatic telephone dialing system (ATDS) to call a plaintiff. In Richardson v. Verde Energy USA, Inc., 2018 WL 6622996, *8 (E.D. Pa. Dec. 17, 2018), the court granted the defendant’s motion for summary judgment, finding that a predictive dialing device that merely dials numbers from a stored list of numbers is not an ATDS. This is significant because many courts had held, before ACA, that a predictive dialer was an ATDS even if it did not generate numbers randomly or sequentially to be called. Similarly, in Collins v. National Student Loan Program, 2018 WL 6696168, *4–5 (D.N.J. Dec. 20, 2018), the court granted summary judgment for defendant on the ATDS issue because the court held that a LiveVox Human Call Initiator did not have the “present capacity to function as an autodialer by generating random or sequential telephone numbers and dialing those numbers.” See also Asher v. Quicken Loans, Inc., 2019 WL 131854, *2 (D. Utah Jan. 8, 2019) (granting motion to dismiss for failure to plead ATDS); Thompson-Harbach v. USAA Federal Savings Bank, 2019 WL 148711, *14 (N.D. Iowa Jan. 9, 2019) (granting summary judgment for defendant on ATDS issues); Johnson v. Yahoo!, Inc., 2018 WL 6426677, *2 (N.D. Ill. Nov. 29, 2018) (granting summary judgment for defendant on ATDS issues based on motion for reconsideration after ACA decision).
Class Certification: The court in Bauman v. Saxe, 2019 WL 157923, *2 (D. Nev. Jan. 10, 2019), certified a class consisting of “[a]ll past, present, and future customers of a … Defendant who reside in the United States or its territories and whose cellular telephone numbers were sent a text message by Defendant which promoted a product, good, or service of a [ ] Defendant.” And in Northrup v. Innovative Health Ins. Partners, LLC, 2019 WL 77413, *8 (M.D. Fla. Jan. 2, 2019), the court certified a class consisting of “[a]ll cellular telephone subscribers in the United States who had a phone number listed in the Call Logs …, where the Call Logs’ entry for the phone number reflects that the June 30, 2017 ‘Obama Care’ text message was ‘delivered’ in the ‘Status’ column; and where the phone number was assigned to a cell phone (as opposed to a landline or VoIP line) on June 30, 2017.” See also Kron v. Grand Bahama Cruise Line, LLC, 2018 WL 6710032, *1 (S.D. Fla. Dec. 13, 2018) (granting class certification, where defendant filed no opposition). But in better news for the TCPA defense bar, the court in Wilson v. Badcock Home Furniture, 2018 WL 6660029, *6 (M.D. Fla. Dec. 19, 2018), became the latest court to deny class certification of a TCPA claim on the basis of consent, finding that the individualized issue of whether a consumer consented to be called predominates over the common issues. Similarly, just as we were preparing our last TCPA case law report in December, the Seventh Circuit affirmed denial of class certification in a TCPA fax case, holding that issues related to waivers of the Solicited Fax Rule, as well as “issues concerning solicitation, permission, pre-existing relationships, and the like,” precluded class certification. See Brodsky v. HumanaDental Ins. Co., 910 F.3d 285, 292 (7th Cir. 2018) .
Informational Messages: In Suriano v. French Riviera Health Spa, Inc., 2018 WL 6702749, *3 (E.D. La. Dec. 20, 2018), the court granted summary judgment to the defendant, holding that the text messages at issue were informational messages, rather than telemarketing messages. The court held that a message that “merely encouraged plaintiff to take advantage of the personal training services for which he already paid” was not telemarketing, nor was “an invitation to visit a social media site.” Id. See also An Phan v. Agoda Co. Pte. Ltd., 2018 WL 6591800, *7 (N.D. Cal. Dec. 13, 2018) (granting summary judgment for defendant where text messages were “sent as part of an ongoing business transaction”).
“Sender” of Faxes: In Garner Properties & Mgmt., LLC v. Marblecast of Mich., Inc., 2018 WL 6788013, *1 (Dec. 26, 2018), the court granted summary judgment for the defendant after holding that the defendant was not the “sender” of the faxes at issue. The court held that recent case law made it “abundantly clear that the TCPA requires that to hold a party liable as a ‘sender’ of a fax, the party must have physically transmitted the fax or caused the fax to be sent—and [Defendant] did neither.” Id.

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