eBay Inc. v. Digital Point Solutions, Inc. et al Featured Case

Plaintiff eBay Inc. alleged Defendants engaged in cookie stuffing to defraud Plaintiff.

Plaintiff: eBay Inc.
Defendant: Digital Point Solutions, Inc., Shawn Hogan, Kessler's Flying Circus, Thunderwood Holdings, Inc., Todd Dunning, Brian Dunning and BrianDunning.com
 
Case Number: 5:2008cv04052
Filed: August 25, 2008
 
Court: California Northern District Court
Office: Racketeer/Corrupt Organization Office
County: Santa Clara
Presiding Judge: Patricia V. Trumbull
Referring Judge: Patricia V. Trumbull
 
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 18:1962 Racketeering (RICO) Act

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
August 4, 2010 229 Notice of Withdrawal of Motion to Stay Civil Action Pending Resolution of Criminal Proceedings filed byBrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 8/4/2010)
August 3, 2010 228 Featured Case STIPULATION AND ORDER STAYING CIVIL ACTION re 224 . Case Management Conference set for 2/11/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. The trial dates are vacated. Signed by Judge Jeremy Fogel on 7/30/10. (dlm, COURT STAFF) (Filed on 8/3/2010)
July 30, 2010 227 CERTIFICATE OF SERVICE by eBay Inc. re 226 Case Management Statement (Eberhart, David) (Filed on 7/30/2010)
July 30, 2010 226 CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Eberhart, David) (Filed on 7/30/2010)
July 30, 2010 225 NOTICE by Digital Point Solutions, Inc., Shawn Hogan Notice of Telephonic Appearance at Further Case Management Conference (Campbell, Ross) (Filed on 7/30/2010)
July 28, 2010 224 STIPULATION , Motion for Administrative Relief, and [Proposed] Order Staying Civil Action by Digital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 7/28/2010)
July 22, 2010 223 Featured Case ORDER RELATING CASES re 218 . Signed by Judge Jeremy Fogel on 7/7/10. (dlm, COURT STAFF) (Filed on 7/22/2010)
July 21, 2010 222 CLERKS NOTICE Further Case Management Conference set for 8/6/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. (jflc2, COURT STAFF) (Filed on 7/21/2010)
July 20, 2010 221 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memo. of Pts. and Authorities filed by BrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. Motion Hearing set for 10/1/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Declaration of Leo J. Presiado, # 2 Proposed Order)(Cook, Stephen) (Filed on 7/20/2010)
July 1, 2010 220 Featured Case STIPULATION AND ORDER: APPROVING WITHDRAWAL OF ATTORNEY, ALLOWING DEFENDANT TODD DUNNING TO APPEAR PRO SE, AND PROVIDING TIME FOR DEFENDANT DUNNING ENTERPRISE, INC. TO OBTAIN NEW COUNSEL re 217 . Signed by Judge Jeremy Fogel on 6/28/10. (dlm, COURT STAFF) (Filed on 7/1/2010)
June 29, 2010 219 Transcript of Proceedings held on 06/11/2010, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Fisher, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 9/27/2010. (Fisher, Summer) (Filed on 6/29/2010)
June 29, 2010 218 NOTICE by Kyle F. Waldinger NOTICE OF RELATED CASE IN A CRIMINAL ACTION (Waldinger, Kyle) (Filed on 6/29/2010)
June 25, 2010 217 STIPULATION AND [PROPOSED] ORDER APPROVING WITHDRAWAL OF ATTORNEY, ALLOWING DEFENDANT TODD DUNNING TO APPEAR PRO SE, AND PROVIDING TIME FOR DEFENDANT DUNNING ENTERPRISE, INC. TO OBTAIN NEW COUNSEL PURSUANT TO LOCAL RULE 11-5 by Todd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 6/25/2010)
June 15, 2010 Set/Reset Hearings: Pretrial Conference set for 4/27/2012 11:00 AM in Courtroom 3, 5th Floor, San Jose. (gm, COURT STAFF) (Filed on 6/15/2010) Modified on 6/21/2010 (dlm, COURT STAFF).
June 11, 2010 216 Minute Entry: Further Case Management Conference held on 6/11/2010 before Jeremy Fogel (Date Filed: 6/11/2010). The Court adopts the defendants' proposed case schedule minus 2 months. Jury Trial set for 6/8/2012 01:30 AM in Courtroom 3, 5th Floor, San Jose. Pretrial Conference set for 4/27/2012 11:00 AM in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Fisher.) (dlm, COURT STAFF) (Date Filed: 6/11/2010)
June 4, 2010 215 CASE MANAGEMENT STATEMENT filed by eBay Inc.. (Eberhart, David) (Filed on 6/4/2010)
June 4, 2010 214 NOTICE by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Case Management Conference (Presiado, Leo) (Filed on 6/4/2010)
June 4, 2010 213 NOTICE by Digital Point Solutions, Inc., Shawn Hogan Notice of Telephonic Appearance at Further Case Management Conference (Campbell, Ross) (Filed on 6/4/2010)
June 3, 2010 212 NOTICE by Todd Dunning, Dunning Enterprise, Inc. OF TELEPHONIC APPEARANCE AT SUBSEQUENT CASE MANAGEMENT CONFERENCE (Attachments: # 1 Certificate of Service)(Foreman, Stewart) (Filed on 6/3/2010)
April 29, 2010 211 CERTIFICATION OF MEDIATION Session by Mediator, Beth H. Parker; Mediation session held 4/27/2010; Case did not settle; Mediation process is complete. (cmf, COURT STAFF) (Filed on 4/29/2010)
April 13, 2010 210 NOTICE of Change of Address by Patrick Kelly McClellan (Phone, Fax & E-Mail only) (McClellan, Patrick) (Filed on 4/13/2010)
April 13, 2010 209 ***PLEASE DISREGARD. DUPLICATE OF DOCUMENT # 210 .***NOTICE of Change of Address by Patrick Kelly McClellan (Phone, Fax & E-Mail only) (McClellan, Patrick) (Filed on 4/13/2010) Modified on 4/14/2010 (gm, COURT STAFF).
March 29, 2010 205 NOTICE by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Case Management Conference (Presiado, Leo) (Filed on 3/29/2010)
March 26, 2010 204 CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Kennedy, Colleen) (Filed on 3/26/2010)
March 26, 2010 203 NOTICE by Digital Point Solutions, Inc., Shawn Hogan Notice of Telephonic Appearance at Further Case Management Conference (Campbell, Ross) (Filed on 3/26/2010)
March 24, 2010 Set/Reset Hearings: Mediation Hearing set for 4/27/2010 at 09:30 AM at Arnold & Porter, 275 Battery Street, Suite 2700, San Francisco, CA. (cmf, COURT STAFF) (Filed on 3/24/2010)
March 19, 2010 202 Answer to Amended Complaint 68 Amended Complaint First Amended Answer of Defendants Kessler's Flying Circus, Thunderwood Holdings, Inc. and Briandunning.com to Second Amended Complaint byBrianDunning.com, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 3/19/2010)
March 17, 2010 201 ADR Clerk's Notice Re-Appointing Beth H. Parker as Mediator. (cmf, COURT STAFF) (Filed on 3/17/2010) Modified on 3/17/2010 (cmf, COURT STAFF).
March 15, 2010 ADR Remark: ADR Phone Conference held on 3/15/2010 with Robin W. Siefkin, ADR Program Staff Attorney. (cmf, COURT STAFF) (Filed on 3/15/2010)
March 9, 2010 200 NOTICE by eBay Inc. re 194 MOTION for Sanctions PLAINTIFF EBAY INC.S NOTICE OF MOTION AND MOTION FOR DISCOVERY SANCTIONS AGAINST BRIAN DUNNING, BRIANDUNNING.COM, THUNDERWOOD HOLDINGS, INC., AND KESSLERS FLYING CIRCUS Plaintiff eBay Inc.'s Notice of Withdrawal of Motion for Discovery Sanctions Against Brian Dunning, Briandunning.com, Thunderwood Holdings, Inc., and Kessler's Flying Circut (Eberhart, David) (Filed on 3/9/2010)
March 9, 2010 199 ADR Clerk's Notice Setting ADR Phone Conference on 3/15/2010 at 3:30 p.m. Please note Plaintiff's counsel should initiate the call. (cmf, COURT STAFF) (Filed on 3/9/2010)
March 1, 2010 197 Transcript of Proceedings held on 02/26/2010, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/1/2010. (Clanton, Summer) (Filed on 3/1/2010)
February 26, 2010 198 Minute Entry: Further Case Management Conference held on 2/26/2010 before Judge Jeremy Fogel (Date Filed: 2/26/2010), Case referred to mediation. Further Case Management Conference set for 4/2/2010 09:00 AM, to be heard with the motion, in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 2/26/2010)
February 26, 2010 196 Declaration of Colleen M. Kennedy in Support of 194 MOTION for Sanctions PLAINTIFF EBAY INC.S NOTICE OF MOTION AND MOTION FOR DISCOVERY SANCTIONS AGAINST BRIAN DUNNING, BRIANDUNNING.COM, THUNDERWOOD HOLDINGS, INC., AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Related document(s) 194 ) (Eberhart, David) (Filed on 2/26/2010)
February 26, 2010 195 Declaration of David R. Eberhart in Support of 194 MOTION for Sanctions PLAINTIFF EBAY INC.S NOTICE OF MOTION AND MOTION FOR DISCOVERY SANCTIONS AGAINST BRIAN DUNNING, BRIANDUNNING.COM, THUNDERWOOD HOLDINGS, INC., AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 194 ) (Eberhart, David) (Filed on 2/26/2010)
February 26, 2010 194 MOTION for Sanctions PLAINTIFF EBAY INC.S NOTICE OF MOTION AND MOTION FOR DISCOVERY SANCTIONS AGAINST BRIAN DUNNING, BRIANDUNNING.COM, THUNDERWOOD HOLDINGS, INC., AND KESSLERS FLYING CIRCUS filed by eBay Inc.. Motion Hearing set for 4/2/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Eberhart, David) (Filed on 2/26/2010)
February 25, 2010 193 Featured Case ORDER (1) DENYING 133 , 135 , 140 MOTION TO STAY CIVIL ACTION PENDING RESOLUTION OF CRIMINAL PROCEEDINGS AND (2) GRANTING WITH LEAVE TO AMEND 125 MOTION TO STRIKE ANSWER OF DEFENDANTS KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC., AND BRIANDUNNING.COM. (jflc2, COURT STAFF) (Filed on 2/25/2010)
February 19, 2010 192 CASE MANAGEMENT STATEMENT Joint Case Management Statement and [Proposed] Order filed by eBay Inc.. (Kennedy, Colleen) (Filed on 2/19/2010)
February 19, 2010 191 NOTICE by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Case Management Conference (Presiado, Leo) (Filed on 2/19/2010)
February 19, 2010 190 NOTICE by Todd Dunning, Dunning Enterprise, Inc. OF TELEPHONIC APPEARANCE AT SUBSEQUENT CASE MANAGEMENT CONFERENCE (Foreman, Stewart) (Filed on 2/19/2010)
February 19, 2010 189 NOTICE by Digital Point Solutions, Inc., Shawn Hogan Notice of Telephonic Appearance at Subsequent Case Management Conference (Campbell, Ross) (Filed on 2/19/2010)
February 8, 2010 188 Transcript of Proceedings held on 01/29/2010, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/10/2010. (Clanton, Summer) (Filed on 2/8/2010)
January 29, 2010 187 Minute Entry: Motion Hearing held on 1/29/2010 before Judge Jeremy Fogel (Date Filed: 1/29/2010) re 125 MOTION to Strike, 133 MOTION to Stay, 135 MOTION to Stay, 140 MOTION to Stay. The motions are taken under submission. Further Case Management Conference set for 2/26/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 1/29/2010)
January 21, 2010 186 CLERKS NOTICE The Motion Hearing and Case Management Conference set for 1/22/2010 are CONTINUED to 1/29/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. (jflc2, COURT STAFF) (Filed on 1/21/2010)
January 15, 2010 185 CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Kennedy, Colleen) (Filed on 1/15/2010)
January 12, 2010 184 RESPONSE to the instruction in Judge Trumbull's Order of November 19, 2009 by Todd Dunning, Dunning Enterprise, Inc.. (Yonahara, Cathleen) (Filed on 1/12/2010)
January 12, 2010 183 Featured Case ORDER SUSTAINING OBJECTIONS TO DISCOVERY ORDER. Signed by Judge Jeremy Fogel on 1/12/2010. (jflc3, COURT STAFF) (Filed on 1/12/2010)
January 12, 2010 182 Letter from David Eberhart Regarding the Status of Criminal Proceedings in Response to Judge Trumbull's November 19, 2009 Order. (Kennedy, Colleen) (Filed on 1/12/2010)
January 12, 2010 181 Letter from Seyamack Kouretchian regarding the status of criminal proceedings in response to Judge Trumbell's November 19, 2009 Order. (Kouretchian, Seyamack) (Filed on 1/12/2010)
January 12, 2010 180 Letter from Kessler's Flying Circus re Status of Criminal Proceedings. (McClellan, Patrick) (Filed on 1/12/2010)
January 12, 2010 179 Letter from Leo J. Presiado regarding the status of criminal proceedings in response to Judge Trumbull's November 19, 2009 Order. (Presiado, Leo) (Filed on 1/12/2010)
January 4, 2010 178 Transcript of Proceedings held on 11/20/09, before Judge Fogel. Court Reporter/Transcriber Irene L. Rodriguez, Telephone number (408)947-8160. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/25/2010. Redacted Transcript Deadline set for 2/4/2010. Release of Transcript Restriction set for 4/5/2010. (Rodriguez, Irene) (Filed on 1/4/2010)
December 30, 2009 177 Declaration of Colleen M. Kennedy in Support of 176 Reply Memorandum DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.'S REPLY IN SUPPORT OF ITS OBJECTIONS TO MAGISTRATE JUDGE'S ORDER OF NOVEMBER 19, 2009 ON EBAY'S MOTIONS TO COMPEL filed byeBay Inc.. (Related document(s) 176 ) (Kennedy, Colleen) (Filed on 12/30/2009)
December 30, 2009 176 Reply Memorandum PLAINTIFF EBAY INC.S REPLY IN SUPPORT OF ITS ( 175 ) OBJECTIONS TO MAGISTRATE JUDGE'S ORDER OF NOVEMBER 19, 2009 ON EBAY'S MOTIONS TO COMPEL filed byeBay Inc.. (Kennedy, Colleen) (Filed on 12/30/2009) Modified text to add linkage on 1/4/2010 (srm, COURT STAFF).
December 21, 2009 175 RESPONSE in Support of ( 171 )Discovery Order filed byDigital Point Solutions, Inc.. (Campbell, Ross) (Filed on 12/21/2009) Modified text to add linkage on 12/22/2009 (srm, COURT STAFF).
December 21, 2009 174 CERTIFICATE OF SERVICE by Todd Dunning, Dunning Enterprise, Inc. re 173 Response in Support, Defendants Todd Dunning's and Dunning Enterprise, Inc.'s Response to eBay's Objections to Magistrate Judge's Order of November 19, 2009 (Foreman, Stewart) (Filed on 12/21/2009)
December 21, 2009 173 RESPONSE in Support Defendants Todd Dunning's and Dunning Enterprise, Inc.'s Response to eBay's Objections to Magistrate Judge's Order of November 19, 2009 filed byTodd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 12/21/2009)
December 21, 2009 172 RESPONSE in Support of Brian Dunning, Briandunning.com, Thunderwood Holdings, Inc. and Kessler's Flying Circus' Objection of Ebay Inc. to Magistrate Judge Trumbull's ( 166 ) Order of November 19, 2009 on eBay's Motions to Compel filed byBrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 12/21/2009) Modified text to add linkage on 12/22/2009 (srm, COURT STAFF).
December 7, 2009 171 Featured Case ORDER REQUESTING RESPONSE TO OBJECTION TO DISCOVERY ORDER. Signed by Judge Jeremy Fogel on 12/7/2009. (jflc3, COURT STAFF) (Filed on 12/7/2009)
December 3, 2009 170 OBJECTIONS to re 166 Order on Motion to Compel,,, / Plaintiff EBay Inc.'s Objections To Magistrate Judge's Order Of November 19, 2009 On EBay's Motion To Compel by eBay Inc.. (Attachments: # 1 Proposed Order)(Eberhart, David) (Filed on 12/3/2009)
November 29, 2009 169 Transcript of Proceedings held on November 13, 2009, before Judge Patricia V. Trumbull. Court Reporter/Transcriber Christine A. Triska, CSR, RPR, Telephone number (650)743-8425. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/24/2010. (cat, COURT STAFF) (Filed on 11/29/2009)
November 20, 2009 168 Minute Entry: Motion Hearing held on 11/20/2009 before Judge Jeremy Fogel (Date Filed: 11/20/2009) re 125 MOTION to Strike, 133 MOTION to Stay, 135 MOTION to Stay, 140 MOTION to Stay. The motions are continued to 1/22/2010 09:00 AM. Further Case Management Conference set for 1/15/2010 is continued to 1/22/2010 09:00 AM. The Court vacates the referral to court mediation. (Court Reporter Irene Rodriguez.) (dlm, COURT STAFF) (Date Filed: 11/20/2009)
November 20, 2009 167 ADR Clerk's Notice Appointing Beth H. Parker as Mediator. (cmf, COURT STAFF) (Filed on 11/20/2009)
November 19, 2009 166 Featured Case ORDER GRANTING IN PART AND DEFERRING RULING IN PART ON PLAINTIFF EBAY, INC.'S TWO MOTIONS TO COMPEL by Judge Patricia V. Trumbull granting in part and deferring ruling in part on 123 Motion to Compel; deferring ruling on 128 Motion to Compel. (pvtlc2, COURT STAFF) (Filed on 11/19/2009)
November 13, 2009 165 Minute Entry:Motion Hearing held on 11/13/2009 before Magistrate Patricia V. Trumbull; Matter Submitted. (Date Filed: 11/13/2009) re 128 MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support filed by eBay Inc. (Court Reporter Christine Triska.)(cl, COURT STAFF) (Date Filed: 11/13/2009)
November 6, 2009 164 Reply to Opposition to 140 Motion for Stay of Proceedings filed byDigital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 11/6/2009) Modified on 11/9/2009 (gm, COURT STAFF).
November 6, 2009 163 Declaration of Jean Niehaus in Support of 162 Response in Support, DECLARATION OF JEAN B. NIEHAUS IN SUPPORT OF EBAY INC.S REPLY IN SUPPORT OF MOTION TO STRIKE THE ANSWER OF DEFENDANTS THUNDERWOOD HOLDINGS, INC., BRIANDUNNING.COM AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Attachments: # 1 Exhibit 1)(Related document(s) 162 ) (Kennedy, Colleen) (Filed on 11/6/2009)
November 6, 2009 162 RESPONSE in Support re 125 MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof PLAINTIFF EBAY INC.S REPLY IN SUPPORT OF MOTION TO STRIKE THE ANSWER OF DEFENDANTS THUNDERWOOD HOLDINGS, INC., BRIANDUNNING.COM AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Kennedy, Colleen) (Filed on 11/6/2009)
November 6, 2009 161 CERTIFICATE OF SERVICE by Todd Dunning, Dunning Enterprise, Inc. re 160 Declaration in Support, 159 Reply Memorandum in Support of Motion to Stay Civil Action Pending Resolution of Criminal Proceedings (Yonahara, Cathleen) (Filed on 11/6/2009)
November 6, 2009 160 Declaration of Cathleen Yonahara in Support of 159 Reply Memorandum of Points and Authorities in Support of Motion to Stay Civil Action Pending Resolution of Criminal Proceedings filed byTodd Dunning, Dunning Enterprise, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 159 ) (Yonahara, Cathleen) (Filed on 11/6/2009)
November 6, 2009 159 Reply Memorandum of Points and Authorities in Support of 140 Motion to Stay Civil Action Pending Resolution of Criminal Proceedings filed byTodd Dunning, Dunning Enterprise, Inc.. (Yonahara, Cathleen) (Filed on 11/6/2009) Modified on 11/9/2009 (gm, COURT STAFF).
November 6, 2009 158 Reply to Opposition re 133 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities; Declaration of William J. Kopeny and Brian Dunning in Support Reply by Defendants to Opposition to Motion to Stay Civil Action Pending Criminal Proceedings filed byBrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 11/6/2009)
October 30, 2009 157 Declaration of Sharon M. Bunzel in Support of 155 Reply Memorandum, 154 Reply Memorandum,, 153 Reply Memorandum,, OMNIBUS DECLARATION OF SHARON M. BUNZEL IN SUPPORT OF EBAY INC.S REPLIES IN SUPPORT OF ITS MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 155 , 154 , 153 ) (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 156 Declaration of Colleen M. Kennedy in Support of 153 Reply Memorandum,, DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.S REPLY IN SUPPORT OF ITS MOTION TO COMPEL REQUESTS FOR PRODUCTION, INTERROGATORIES, AND REQUESTS FOR ADMISSION FROM DEFENDANTS BRIAN DUNNING, THUNDERWOOD HOLDINGS, INC., BRIANDUNNING.COM AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Related document(s) 153 ) (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 155 Reply Memorandum re 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof EBAY INC.S REPLY IN SUPPORT OF ITS MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION FROM DEFENDANTS TODD DUNNING AND DUNNING ENTERPRISE, INC. filed byeBay Inc.. (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 154 Reply Memorandum re 128 MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support PLAINTIFF EBAY INC.S REPLY IN SUPPORT OF MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION FROM DIGITAL POINT SOLUTIONS, INC. AND SHAWN HOGAN filed byeBay Inc.. (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 153 Reply Memorandum re 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof PLAINTIFF EBAY INC.S REPLY IN SUPPORT OF MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION FROM DEFENDANTS BRIAN DUNNING, THUNDERWOOD HOLDINGS, INC., BRIANDUNNING.COM AND KESSLERS FLYING CIRCUS filed byeBay Inc.. (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 152 Declaration of Sharon M. Bunzel in Support of 151 Memorandum in Opposition,, Declaration of Sharon M. Bunzel in Support of Plaintiff eBay Inc.'s Consolidated Opposition to Defendants' Motions to Stay Civil Action Pending Resolution of Criminal Proceedings filed byeBay Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Related document(s) 151 ) (Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 151 Memorandum in Opposition re 133 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities; Declaration of William J. Kopeny and Brian Dunning in Support, 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities, 140 MOTION to Stay of Proceedings; Memorandum of Points & Authorities in Support Thereof Plaintiff eBay Inc.'s Consolidated Opposition to Defendants' Motions to Stay Civil Action Pending Resolution of Criminal Proceedings filed byeBay Inc.. (Attachments: # 1 Proposed Order)(Kennedy, Colleen) (Filed on 10/30/2009)
October 30, 2009 150 Memorandum in Opposition re 125 MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof Declarations of William J. Kopeny, Leo J. Presiado and Brian Dunning in Support filed byBrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 10/30/2009)
October 26, 2009 149 Brief Amended to Include Electronic Signature of Opposition to Plaintiff's Motion to Compel Further Production of Documents filed byTodd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 10/26/2009)
October 26, 2009 148 Transcript of Proceedings held on 09/25/2009, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/21/2010. (Clanton, Summer) (Filed on 10/26/2009)
October 26, 2009 147 Transcript of Proceedings held on 08/14/2009, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/21/2010. (Clanton, Summer) (Filed on 10/26/2009)
October 23, 2009 146 Memorandum in Opposition to 128 Compel Responses to Requests for Production, Interrogatories and Requests for Admission filed byDigital Point Solutions, Inc., Shawn Hogan. (Attachments: # 1 Affidavit Declaration of Seyamack Kouretchian, # 2 Affidavit Declaration of Ross M. Campbell, # 3 Affidavit Declaration of Shawn Hogan, # 4 Proposed Order Denying Plaintiff's Motion to Compel)(Campbell, Ross) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).
October 23, 2009 145 CERTIFICATE OF SERVICE of 141 and 144 by Todd Dunning, Dunning Enterprise, Inc. (Foreman, Stewart) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).
October 23, 2009 144 Proposed Order Denying eBay's 123 Motion to Compel Production of Documents by Todd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).
October 23, 2009 143 DECLARATION of Stewart H. Foreman in Opposition to Plaintiff's 128 Motion to Compel Responses to Requests for Production, Interrogatories and Request for Admissions filed byTodd Dunning, Dunning Enterprise, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Foreman, Stewart) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).
October 23, 2009 142 Memorandum in Opposition re 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof Opposition to Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Declarations of William J. Kopeny, Leo J. Presiado and Brian Dunning in Support filed byBrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Attachments: # 1 Exhibit)(Presiado, Leo) (Filed on 10/23/2009)
October 23, 2009 141 Brief in Opposition to Plaintiff's 123 Motion to Compel Further Production of Documents filed byTodd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).
October 16, 2009 140 MOTION to Stay of Proceedings; Memorandum of Points & Authorities in Support Thereof filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Affidavit Declaration of Seyamack Kouretchian, # 2 Affidavit Declaration of Ross M. Campbell, # 3 Proposed Order)(Campbell, Ross) (Filed on 10/16/2009)
October 15, 2009 139 CERTIFICATE OF SERVICE by Todd Dunning, Dunning Enterprise, Inc. re 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities (Foreman, Stewart) (Filed on 10/15/2009)
October 15, 2009 138 Proposed Order re 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities by Todd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 10/15/2009)
October 15, 2009 137 Declaration of Robert J. Breakstone in Support of 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities filed byTodd Dunning, Dunning Enterprise, Inc.. (Related document(s) 135 ) (Foreman, Stewart) (Filed on 10/15/2009)
October 15, 2009 136 Declaration of Todd Dunning in Support of 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities filed byTodd Dunning, Dunning Enterprise, Inc.. (Related document(s) 135 ) (Foreman, Stewart) (Filed on 10/15/2009)
October 15, 2009 135 MOTION to Stay Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities filed by Todd Dunning, Dunning Enterprise, Inc.. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Foreman, Stewart) (Filed on 10/15/2009)
October 15, 2009 134 Proposed Order re 133 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities; Declaration of William J. Kopeny and Brian Dunning in Support by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 10/15/2009)
October 15, 2009 133 MOTION to Stay Civil Action Pending Resolution of Criminal Proceedings; Memorandum of Points and Authorities; Declaration of William J. Kopeny and Brian Dunning in Support filed by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc.. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Presiado, Leo) (Filed on 10/15/2009)
October 15, 2009 ADR Remark: ADR Phone Conference held on 10/15/2009 with Robin W. Siefkin, ADR Program Staff Attorney. (cmf, COURT STAFF) (Filed on 10/15/2009)
October 7, 2009 132 ADR Clerk's Notice Setting ADR Phone Conference on 10/15/2009 at 10:30 a.m. Pacific. Please note plaintiff' counsel should initiate the call. (cmf, COURT STAFF) (Filed on 10/7/2009)
October 2, 2009 131 NOTICE by eBay Inc. re 128 MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support / Notice of Continuance of Hearing Date for EBAY Inc.'s Motions to Compel Responses to Requests for Production, Interrogatories and Requests for Admission (Eberhart, David) (Filed on 10/2/2009)
October 1, 2009 130 CLERKS NOTICE The Motion Hearings set for October 30, 2009 and November 6, 2009 are CONTINUED to 11/20/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. (jflc2, COURT STAFF) (Filed on 10/1/2009)
September 29, 2009 129 Declaration of Colleen M. Kennedy in Support of 128 MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Related document(s) 128 ) (Kennedy, Colleen) (Filed on 9/29/2009)
September 29, 2009 128 MOTION to Compel eBay's Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Digital Point Solutions, Inc. and Shawn Hogan; Memorandum of Points and Authorities in Support Thereof filed by eBay Inc.. Motion Hearing set for 11/3/2009 10:00 AM. (Attachments: # 1 Proposed Order)(Kennedy, Colleen) (Filed on 9/29/2009)
September 25, 2009 127 Minute Entry: Further Case Management Conference held on 9/25/2009 before Judge Jeremy Fogel (Date Filed: 9/25/2009), Case referred to mediation. Further Case Management Conference set for 1/15/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 9/25/2009)
September 25, 2009 126 Declaration of Colleen M. Kennedy in Support of 125 MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Related document(s) 125 ) (Kennedy, Colleen) (Filed on 9/25/2009)
September 25, 2009 125 MOTION to Strike 119 Answer to Amended Complaint ; Memorandum of Points and Authorities in support thereof filed by eBay Inc.. Motion Hearing set for 10/30/2009 09:00 AM. (Attachments: # 1 Proposed Order)(Kennedy, Colleen) (Filed on 9/25/2009)
September 22, 2009 124 Declaration of Colleen M. Kennedy in Support of 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Related document(s) 123 ) (Kennedy, Colleen) (Filed on 9/22/2009)
September 22, 2009 123 MOTION to Compel eBay Inc.'s Notice of Motion and Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission; Memorandum of Points and Authorities in Support Thereof filed by eBay Inc.. Motion Hearing set for 10/27/2009 10:00 AM. (Attachments: # 1 Proposed Order)(Kennedy, Colleen) (Filed on 9/22/2009)
September 15, 2009 122 NOTICE of Appearance by Ross Montgomery Campbell Telephonically at Case Management Conference (Campbell, Ross) (Filed on 9/15/2009)
September 14, 2009 121 CASE MANAGEMENT STATEMENT Joint Case Management Statement and [Proposed] Order filed by eBay Inc.. (Eberhart, David) (Filed on 9/14/2009)
September 14, 2009 120 NOTICE of Appearance by Stewart H. Foreman Telephonically at Subsequent Case Management Conference (Foreman, Stewart) (Filed on 9/14/2009)
September 9, 2009 119 Answer to Second Amended Complaint ANSWER to Amended Complaint byBrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 9/9/2009)
September 9, 2009 118 ANSWER to Amended Complaint byTodd Dunning. (Foreman, Stewart) (Filed on 9/9/2009)
September 9, 2009 117 ANSWER to Amended Complaint byDunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 9/9/2009)
August 31, 2009 116 ANSWER to Amended Complaint byShawn Hogan. (Campbell, Ross) (Filed on 8/31/2009)
August 31, 2009 115 ANSWER to Amended Complaint byDigital Point Solutions, Inc.. (Campbell, Ross) (Filed on 8/31/2009)
August 17, 2009 113 Featured Case ORDER by Judge Jeremy Fogel denying 71 Motion to Dismiss; denying 73 Motion to Dismiss; denying 76 Motion to Dismiss; denying 82 Motion to Transfer Case (jflc1, COURT STAFF) (Filed on 8/17/2009)
August 14, 2009 114 Minute Entry: Further Case Management Conference held on 8/14/2009 before Judge Jeremy Fogel (Date Filed: 8/14/2009). Further Case Management Conference set for 9/25/2009 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 8/14/2009)
August 14, 2009 112 NOTICE of Telephonic Appearance at Case Management Conference by Brian Dunning.com, Brian Dunning, Thunderwood Holdings, Inc. (Presiado, Leo) (Filed on 8/14/2009) Modified on 8/19/2009 (bw, COURT STAFF).
August 4, 2009 111 NOTICE by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Case Management Conference (Presiado, Leo) (Filed on 8/4/2009)
June 30, 2009 110 NOTICE of Change of Address by Ross Montgomery Campbell Counsel for Defendants Digital Point Solutions, Inc. and Shawn Hogan (Campbell, Ross) (Filed on 6/30/2009)
June 26, 2009 109 Featured Case STIPULATED PROTECTIVE ORDER re 107 Stipulation filed by eBay Inc. Signed by Judge Patricia V. Trumbull on June 26, 2009. (pvtlc2, COURT STAFF) (Filed on 6/26/2009)
June 26, 2009 108 Minute Entry: Motion Hearing held on 6/26/2009 before Judge Jeremy Fogel (Date Filed: 6/26/2009) re 73 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by BrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc., 71 MOTION to Dismiss Second Amended Complaint filed by Todd Dunning, Dunning Enterprise, Inc., 82 MOTION to Transfer Case filed by Shawn Hogan, Digital Point Solutions, Inc., 76 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Shawn Hogan, Digital Point Solutions, Inc.. (Court Reporter Summer Clanton.) (mpb, COURT STAFF) (Date Filed: 6/26/2009)
June 25, 2009 107 STIPULATION Stipulated Protective Order by eBay Inc.. (Eberhart, David) (Filed on 6/25/2009)
June 17, 2009 106 Reply Briefin Support of 76 Motion to Dismiss Plaintiff's Second Amended Complaint (Corrected Version) filed byDigital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 6/17/2009) Modified on 6/18/2009 (gm, COURT STAFF).
June 12, 2009 105 *** FILED IN ERROR. PLEASE SEE DOCKET # 106 . *** Reply Brief in Support of 94 Motion to Dismiss Plaintiff's Second Amended Complaint filed byDigital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 6/12/2009) Modified on 6/15/2009 (gm, COURT STAFF). Modified on 6/17/2009 (ewn, COURT STAFF).
June 12, 2009 104 CERTIFICATE OF SERVICE by Todd Dunning, Dunning Enterprise, Inc. re 101 Reply to Opposition to Dismiss Plaintiff's Second Amended Complaint (Foreman, Stewart) (Filed on 6/12/2009)
June 12, 2009 103 Proposed Order Granting Motion to Dismiss Plaintiff's Second Amended Complaint by Todd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 6/12/2009)
June 12, 2009 102 Declaration of Stewart H. Foreman in Support of 101 Reply to Opposition to Dismiss Plaintiff's Second Amended Complaint filed byTodd Dunning, Dunning Enterprise, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 101 ) (Foreman, Stewart) (Filed on 6/12/2009)
June 12, 2009 101 Reply to 94 Opposition to Dismiss Plaintiff's Second Amended Complaint filed byTodd Dunning, Dunning Enterprise, Inc.. (Foreman, Stewart) (Filed on 6/12/2009) Modified on 6/15/2009 (gm, COURT STAFF).
June 12, 2009 100 Reply to 90 Opposition re 73 MOTION to Dismiss Plaintiff's Second Amended Complaint Reply by Defendants Kessler's Flying Circus, Thunderwood Holdings, Inc., Brian Dunning and Briandunning.com to Opposition to Motion to Dismiss Plaintiff's Second Amended Complaint; Declaration of Leo J. Presiado filed byBrianDunning.com, Brian Dunning, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Attachments: # 1 Evidentiary Objections to Declaration of Colleen M. Kennedy, # 2 Certificate of Service)(Presiado, Leo) (Filed on 6/12/2009) Modified on 6/15/2009 (gm, COURT STAFF).
June 12, 2009 99 Reply Brief in Support of 96 Motion to Transfer filed byDigital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 6/12/2009) Modified on 6/15/2009 (gm, COURT STAFF).
June 12, 2009 98 *** FILED IN ERROR. PLEASE SEE DOCKET # 105 . *** Reply Brief in Support of 94 Motion to Dismiss Plaintiff's Second Amended Complaint filed byDigital Point Solutions, Inc., Shawn Hogan. (Campbell, Ross) (Filed on 6/12/2009) Modified on 6/15/2009 (gm, COURT STAFF). Modified on 6/17/2009 (ewn, COURT STAFF).
June 12, 2009 97 CERTIFICATE OF SERVICE by Digital Point Solutions, Inc., Shawn Hogan re 96 MOTION to Transfer Case (Campbell, Ross) (Filed on 6/12/2009)
June 12, 2009 96 *** FILED IN ERROR. PLEASE SEE DOCKET # 99 . *** MOTION to Transfer Case filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Campbell, Ross) (Filed on 6/12/2009) Modified on 6/16/2009 (ewn, COURT STAFF).
June 12, 2009 95 CERTIFICATE OF SERVICE by Digital Point Solutions, Inc., Shawn Hogan re 94 MOTION to Dismiss Plaintiff's Second Amended Complaint (Campbell, Ross) (Filed on 6/12/2009)
June 12, 2009 94 *** FILED IN ERROR. PLEASE SEE DOCKET # 105 . *** MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Campbell, Ross) (Filed on 6/12/2009) Modified on 6/16/2009 (ewn, COURT STAFF).
June 5, 2009 93 Proposed Order re 90 Memorandum in Opposition,, [PROPOSED] ORDER DENYING (1) THE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, THUNDERWOOD HOLDINGS, INC., KESSLERS FLYING CIRCUS, BRIAN DUNNING, BRIANDUNNING.COM, TODD DUNNING, AND DUNNING ENTERPRISE, INC. ; AND (2) THE MOTIONS TO TRANSFER BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, TODD DUNNING AND DUNNING ENTERPRISE, INC. by eBay Inc.. (Eberhart, David) (Filed on 6/5/2009)
June 5, 2009 92 Declaration of Adam R. Sand in Support of 90 Memorandum in Opposition,, DECLARATION OF ADAM R. SAND IN SUPPORT OF EBAY INC.S CONSOLIDATED OPPOSITION TO (1) THE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, THUNDERWOOD HOLDINGS, INC., KESSLERS FLYING CIRCUS, BRIAN DUNNING, BRIANDUNNING.COM, TODD DUNNING, AND DUNNING ENTERPRISE, INC. ; AND (2) THE MOTIONS TO TRANSFER BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, TODD DUNNING AND DUNNING ENTERPRISE, INC. filed byeBay Inc.. (Related document(s) 90 ) (Eberhart, David) (Filed on 6/5/2009)
June 5, 2009 91 Declaration of Colleen M. Kennedy in Support of 90 Memorandum in Opposition,, DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.S CONSOLIDATED OPPOSITION TO (1) THE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, THUNDERWOOD HOLDINGS, INC., KESSLERS FLYING CIRCUS, BRIAN DUNNING, BRIANDUNNING.COM, TODD DUNNING, AND DUNNING ENTERPRISE, INC. ; AND (2) THE MOTIONS TO TRANSFER BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, TODD DUNNING AND DUNNING ENTERPRISE, INC. filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Related document(s) 90 ) (Eberhart, David) (Filed on 6/5/2009)
June 5, 2009 90 Memorandum in Opposition re 73 MOTION to Dismiss Plaintiff's Second Amended Complaint, 71 MOTION to Dismiss Second Amended Complaint, 82 MOTION to Transfer Case, 76 MOTION to Dismiss Plaintiff's Second Amended Complaint CONSOLIDATED OPPOSITION OF EBAY INC. TO (1) THE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, THUNDERWOOD HOLDINGS, INC., KESSLERS FLYING CIRCUS, BRIAN DUNNING, BRIANDUNNING.COM, TODD DUNNING, AND DUNNING ENTERPRISE, INC. ; AND (2) THE MOTIONS TO TRANSFER BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, TODD DUNNING AND DUNNING ENTERPRISE, INC. filed byeBay Inc.. (Eberhart, David) (Filed on 6/5/2009)
June 3, 2009 89 Featured Case ORDER by Judge Jeremy Fogel granting 83 Motion for Leave to File Excess Pages (jflc1, COURT STAFF) (Filed on 6/3/2009)
June 2, 2009 88 MEMORANDUM in Opposition re 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER filed byDunning Enterprise, Inc., Todd Dunning. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Related document(s) 83 ) (Foreman, Stewart) (Filed on 6/2/2009)
June 2, 2009 87 Memorandum in Opposition re 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER Opposition to Plaintiff's Motion for Leave to Exceed Page Limit for Consolidated Opposition filed byBrian Dunning, BrianDunning.com, Kessler's Flying Circus, Thunderwood Holdings, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Presiado, Leo) (Filed on 6/2/2009)
June 1, 2009 86 Memorandum in Opposition to Plaintiff's Administrative 83 Motion for Leave to Exceed Page Limit filed byDigital Point Solutions, Inc., Shawn Hogan. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Campbell, Ross) (Filed on 6/1/2009) Modified on 6/2/2009 (gm, COURT STAFF).
May 29, 2009 85 Proposed Order re 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER by eBay Inc.. (Kennedy, Colleen) (Filed on 5/29/2009)
May 29, 2009 84 Declaration of Sharon M. Bunzel in Support of 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER filed byeBay Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 83 ) (Kennedy, Colleen) (Filed on 5/29/2009)
May 29, 2009 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER filed by eBay Inc.. (Kennedy, Colleen) (Filed on 5/29/2009)
May 22, 2009 82 MOTION to Transfer Case filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Declaration of Ross M. Campbell, # 2 Proposed Order, # 3 Certificate of Service)(Campbell, Ross) (Filed on 5/22/2009)
May 15, 2009 81 Minute Entry: Initial Case Management Conference held on 5/15/2009 before Judge Jeremy Fogel (Date Filed: 5/15/2009). Further Case Management Conference set for 8/14/2009 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 5/15/2009)
May 5, 2009 80 NOTICE by Dunning Enterprise, Inc., Todd Dunning OF TELEPHONIC APPEARANCE AT INITIAL CASE MANAGEMENT CONFERENCE (Bernhard, Daniel) (Filed on 5/5/2009)
May 4, 2009 79 NOTICE by Digital Point Solutions, Inc., Shawn Hogan of Telephonic Appearance at Initial Case Management Conference by Seyamack Kouretchian (Attachments: # 1 Certificate of Service)(Kouretchian, Seyamack) (Filed on 5/4/2009)
May 4, 2009 78 NOTICE by Kessler's Flying Circus of Telephonic Appearance at Initial Case Management Conference (McClellan, Patrick) (Filed on 5/4/2009)
May 4, 2009 77 NOTICE by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Initial Case Management Conference (Presiado, Leo) (Filed on 5/4/2009)
April 27, 2009 76 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Declaration of Ross M. Campbell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order, # 5 Certificate of Service)(Kouretchian, Seyamack) (Filed on 4/27/2009)
April 27, 2009 75 CERTIFICATE OF SERVICE by Dunning Enterprise, Inc., Todd Dunning re 72 Declaration in Support, 71 MOTION to Dismiss Second Amended Complaint (Foreman, Stewart) (Filed on 4/27/2009)
April 27, 2009 74 CERTIFICATE OF SERVICE by Brian Dunning, BrianDunning.com, Kessler's Flying Circus, Thunderwood Holdings, Inc. re 73 MOTION to Dismiss Plaintiff's Second Amended Complaint (Presiado, Leo) (Filed on 4/27/2009)
April 27, 2009 73 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Brian Dunning, BrianDunning.com, Kessler's Flying Circus, Thunderwood Holdings, Inc.. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit Compendium of Exhibits, # 2 Proposed Order)(Presiado, Leo) (Filed on 4/27/2009)
April 27, 2009 72 Declaration of Stewart H. Foreman in Support of 71 MOTION to Dismiss Second Amended Complaint filed byDunning Enterprise, Inc., Todd Dunning. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-5)(Related document(s) 71 ) (Foreman, Stewart) (Filed on 4/27/2009)
April 27, 2009 71 MOTION to Dismiss Second Amended Complaint filed by Dunning Enterprise, Inc., Todd Dunning. Motion Hearing set for 6/26/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Foreman, Stewart) (Filed on 4/27/2009)
April 9, 2009 70 Featured Case STIPULATION AND ORDER to Extend Time for Defendants to Respond to Second Amended Complaint re 69 . Signed by Judge Jeremy Fogel on 4/9/09. (dlm, COURT STAFF) (Filed on 4/9/2009)
April 6, 2009 69 STIPULATION Stipulation to Extend Time for Defendants to Respond to Second Amended Complaint; Order Thereon by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 4/6/2009)
March 26, 2009 68 AMENDED COMPLAINT Second Amended Complaint against all defendants. Filed byeBay Inc.. (Eberhart, David) (Filed on 3/26/2009)
March 18, 2009 67 Featured Case ORDER APPROVING 66 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 3/23/2009 is CONTINUED to 5/15/2009 10:30 AM. Signed by Judge Jeremy Fogel on 3/18/09. (jflc2, COURT STAFF) (Filed on 3/18/2009)
March 17, 2009 66 STIPULATION Stipulation to Continue Initial Case Management Conference; Order Thereon by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 3/17/2009)
March 13, 2009 65 CLERKS NOTICE Case Management Conference set for 3/20/2009 is continued to 3/23/2009 10:30 AM. (dlm, COURT STAFF) (Filed on 3/13/2009)
March 12, 2009 64 NOTICE of Appearance by Stewart H. Foreman Telephonically at Initial Case Management Conference (Foreman, Stewart) (Filed on 3/12/2009)
March 12, 2009 63 NOTICE by Digital Point Solutions, Inc., Shawn Hogan Notice of Telephonic Appearance at Initial Case Management Conference. (Attachments: # 1 Certificate of Service)(Kouretchian, Seyamack) (Filed on 3/12/2009)
March 11, 2009 62 NOTICE by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc. Notice of Telephonic Appearance at Initial Case Management Conference (Presiado, Leo) (Filed on 3/11/2009)
February 24, 2009 61 Featured Case ORDER by Judge Jeremy Fogel granting 37 Motion to Dismiss with leave to amend; granting 29 Motion to Dismiss with leave to amend; granting 30 Motion to Dismiss with leave to amend; granting in part and denying in part 31 Motion to Dismiss with leave to amend (jflc1, COURT STAFF) (Filed on 2/24/2009)
January 13, 2009 60 CLERKS NOTICE The Case Management Conference set for 1/6/2009 is CONTINUED to 3/20/2009 at 10:30 AM. (jflc2, COURT STAFF) (Filed on 1/13/2009)
January 9, 2009 59 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Shawn Hogan (Attachments: # 1 Certificate of Service)(Kouretchian, Seyamack) (Filed on 1/9/2009)
January 9, 2009 58 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Digital Point Solutions, Inc. (Attachments: # 1 Certificate of Service)(Kouretchian, Seyamack) (Filed on 1/9/2009)
January 9, 2009 57 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Bunzel, Sharon) (Filed on 1/9/2009)
January 6, 2009 56 Featured Case STIPULATION AND ORDER SELECTING ADR PROCESS, Case referred to Private ADR. Signed by Judge Jeremy Fogel on 1/5/09. (dlm, COURT STAFF) (Filed on 1/6/2009)
December 24, 2008 55 STIPULATION and Proposed Order selecting Private ADR by eBay Inc. (Eberhart, David) (Filed on 12/24/2008)
December 23, 2008 54 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Ebay Inc. and Counsel (Eberhart, David) (Filed on 12/23/2008)
December 23, 2008 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Defendants Thunderwood Holdings, Inc., Brian Dunning and briandunning.com's ADR Certification by Parties and Counsel (Presiado, Leo) (Filed on 12/23/2008)
December 17, 2008 52 Transcript of Proceedings held on 12-12-2008, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/16/2009. (Clanton, Summer) (Filed on 12/17/2008)
December 12, 2008 51 Minute Entry: Motion Hearing held on 12/12/2008 before Judge Jeremy Fogel (Date Filed: 12/12/2008) re 29 MOTION to Dismiss Plaintiff's First Amended Complaint filed by BrianDunning.com, Brian Dunning, Thunderwood Holdings, Inc., 31 First MOTION to Dismiss for Failure to State a Claim filed by Shawn Hogan, Digital Point Solutions, Inc., 28 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed by Todd Dunning, 37 MOTION to Dismiss filed by Kessler's Flying Circus, 48 MOTION to Dismiss for failure to state a claim filed by Shawn Hogan, Digital Point Solutions, Inc., 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed by Todd Dunning. The motions are taken under submission. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 12/12/2008)
November 27, 2008 50 Reply to Opposition re 37 MOTION to Dismiss KFC's proposed order Dismissing First Amended Complaint filed byKessler's Flying Circus. (McClellan, Patrick) (Filed on 11/27/2008)
November 27, 2008 49 Reply to Opposition re 37 MOTION to Dismiss KFC's Joinder filed byKessler's Flying Circus. (McClellan, Patrick) (Filed on 11/27/2008)
November 26, 2008 48 MOTION to Dismiss for failure to state a claim filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 certificate of service)(Kouretchian, Seyamack) (Filed on 11/26/2008)
November 26, 2008 47 Reply Memorandum filed byTodd Dunning. (Attachments: # 1 Affidavit proof of service)(Foreman, Stewart) (Filed on 11/26/2008)
November 26, 2008 46 Reply Memorandum re 28 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed byTodd Dunning. (Attachments: # 1 Affidavit Proof of service)(Foreman, Stewart) (Filed on 11/26/2008)
November 26, 2008 45 CERTIFICATE OF SERVICE by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc. Certificate of Service of 44 Reply of Defendants Thunderwood Holdings, Inc., Brian Dunning and briandunning.com to Opposition to Motion to Dismiss Plaintiff's First Amended Complaint and Reply to eBay's Objection to Request for Judicial Notice (Presiado, Leo) (Filed on 11/26/2008) Modified on 12/1/2008 (gm, COURT STAFF).
November 26, 2008 44 Reply to 41 Opposition Reply by Defendants Thunderwood Holdings, Inc., Brian Dunning and briandunning.com to Opposition to Motion to Dismiss Plaintiff's First Amended Complaint filed byBrian Dunning, BrianDunning.com, Thunderwood Holdings, Inc.. (Attachments: # 1 Supplement Reply by Defendants Thunderwood Holdings, Inc., Brian Dunning and briandunning.com to eBay's Objection to Request for Judicial Notice)(Presiado, Leo) (Filed on 11/26/2008) Modified on 12/1/2008 (gm, COURT STAFF).
November 24, 2008 43 CERTIFICATE OF SERVICE by eBay Inc. re 41 Memorandum in Opposition, 38 Memorandum in Opposition, 39 Proposed Order, 42 Proposed Order, 40 Memorandum in Opposition (Kennedy, Colleen) (Filed on 11/24/2008)
November 21, 2008 42 Proposed Order re 41 Memorandum in Opposition, 40 Memorandum in Opposition by eBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008)
November 21, 2008 41 Memorandum in Opposition re 29 MOTION to Dismiss Plaintiff's First Amended Complaint, 28 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed byeBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008)
November 21, 2008 40 Memorandum in Opposition re 31 First MOTION to Dismiss for Failure to State a Claim by Digital Point Solutions, Inc. and Shawn Hogan filed byeBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008)
November 21, 2008 39 Proposed Order re 38 Memorandum in Opposition, to Request for Judicial Notice by eBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008)
November 21, 2008 38 Memorandum in Opposition re 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. Opposition to Request for Judicial Notice filed byeBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008)
November 7, 2008 37 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities; Declaration of Patrick K, McClellan filed by Kessler's Flying Circus. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit 1)(gm, COURT STAFF) (Filed on 11/7/2008)
October 29, 2008 36 Proposed Order Proposed Order Granting 31 Motion of Defendants Thunderwood Holdings, Inc., Brian Dunning and briandunning.com's to Dismiss Plaintiff's First Amended Complaint by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc.. (Presiado, Leo) (Filed on 10/29/2008) Modified on 10/30/2008 (gm, COURT STAFF).
October 27, 2008 35 CERTIFICATE OF SERVICE by Digital Point Solutions, Inc., Shawn Hogan re 31 First MOTION to Dismiss for Failure to State a Claim (Kouretchian, Seyamack) (Filed on 10/27/2008)
October 27, 2008 34 Proposed Order re 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. by Todd Dunning. (Foreman, Stewart) (Filed on 10/27/2008)
October 27, 2008 33 Request for Judicial Notice re 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed byTodd Dunning. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 30 ) (Foreman, Stewart) (Filed on 10/27/2008)
October 27, 2008 32 Declaration of Stewart H. Foreman in Support of 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed byTodd Dunning. (Attachments: # 1 Exhibit, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 30 ) (Foreman, Stewart) (Filed on 10/27/2008)
October 27, 2008 31 First MOTION to Dismiss for Failure to State a Claim filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Judical Notice, # 2 Exhibit 1, # 3 Declaration of Seyamack Kouretchian, # 4 Proposed Order)(Kouretchian, Seyamack) (Filed on 10/27/2008) .
October 27, 2008 30 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed by Todd Dunning. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Foreman, Stewart) (Filed on 10/27/2008)
October 27, 2008 29 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Brian Dunning, BrianDunning.com, Thunderwood Holdings, Inc.. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Exhibit)(Presiado, Leo) (Filed on 10/27/2008)
October 27, 2008 28 MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(b) by Defendants Todd Dunning and Dunning Enterprise, Inc. filed by Todd Dunning. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Foreman, Stewart) (Filed on 10/27/2008)
October 20, 2008 27 SUMMONS Returned Executed by eBay Inc.. BrianDunning.com served on 10/7/1998, answer due 10/27/1998. Summons with attached Proof of Service (Eberhart, David) (Filed on 10/20/2008)
October 20, 2008 26 SUMMONS Returned Executed by eBay Inc.. Kessler's Flying Circus served on 10/7/2008, answer due 10/27/2008. Summons with attached Proof of Service (Eberhart, David) (Filed on 10/20/2008)
October 7, 2008 25 FIRST AMENDED COMPLAINT against Brian Dunning, BrianDunning.com, Digital Point Solutions, Inc., Shawn Hogan, Kessler's Flying Circus, Thunderwood Holdings, Inc., Todd Dunning. Filed byeBay Inc.. (gm, COURT STAFF) (Filed on 10/7/2008)
October 2, 2008 24 CERTIFICATE OF SERVICE by eBay Inc. (Eberhart, David) (Filed on 10/2/2008)
October 2, 2008 23 WAIVER OF SERVICE Returned Executed filed by eBay Inc.. Service waived by Brian Dunning waiver sent on 8/27/2008, answer due 10/27/2008; Thunderwood Holdings, Inc. waiver sent on 8/27/2008, answer due 10/27/2008. (Eberhart, David) (Filed on 10/2/2008)
October 2, 2008 22 WAIVER OF SERVICE Returned Executed filed by eBay Inc.. Service waived by Digital Point Solutions, Inc. waiver sent on 8/27/2008, answer due 10/27/2008. (Eberhart, David) (Filed on 10/2/2008)
October 2, 2008 21 WAIVER OF SERVICE Returned Executed filed by eBay Inc.. Service waived by Shawn Hogan waiver sent on 8/27/2008, answer due 10/27/2008. (Eberhart, David) (Filed on 10/2/2008)
September 26, 2008 20 WAIVER OF SERVICE Returned Executed filed by Todd Dunning. Service waived by Todd Dunning waiver sent on 8/27/2008, answer due 10/27/2008. Waiver of Service served 9/26/08 (Foreman, Stewart) (Filed on 9/26/2008)
September 5, 2008 19 CERTIFICATE OF SERVICE by eBay Inc. Proof of Service (Eberhart, David) (Filed on 9/5/2008)
September 4, 2008 18 Featured Case ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedigns and Magistrate Judge Patricia V. Trumbull for all discovery matters. Signed by The Executive Committee on 09/04/08. (tsh, COURT STAFF) (Filed on 9/4/2008)
September 4, 2008 17 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge(cm, COURT STAFF) (Filed on 9/4/2008)
September 3, 2008 16 PROOF OF SERVICE by eBay Inc. re 14 Notice of Change of Address, 15 Declination to Proceed Before a U.S. Magistrate Judge (Eberhart, David) (Filed on 9/3/2008) Modified on 9/4/2008 (bw, COURT STAFF).
September 3, 2008 15 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by eBay Inc. (Eberhart, David) (Filed on 9/3/2008) Text modified on 9/4/2008 (bw, COURT STAFF).
September 3, 2008 14 NOTICE of Change of Address by David R. Eberhart (Eberhart, David) (Filed on 9/3/2008)
September 3, 2008 13 ADR SCHEDULING ORDER: Case Management Statement due by 1/6/2009. Case Management Conference set for 1/13/2009 02:00 PM. (Attachments: # 1 Judge Trumbull Standing Order, # 2 Standing Orders for All CAND Judges, # 3 Standing Orders for All San Jose Judges) (bw, COURT STAFF) (Filed on 9/3/2008)
August 27, 2008 12 REASSIGNMENT ORDER Signed by The Executive Committee. Case is Reassigned to The Honorable Patricia V. Trumbull. Magistrate Judge Bernard Zimmerman no longer assigned to the case. (tn, COURT STAFF) (Filed on 8/27/2008)
August 26, 2008 11 SUMMONS Issued as to Defendant Thunderwood Holdings, Inc.. (tn, COURT STAFF) (Filed on 8/26/2008)
August 26, 2008 10 SUMMONS Issued as to Defendant Shawn Hogan. (tn, COURT STAFF) (Filed on 8/26/2008)
August 26, 2008 9 SUMMONS Issued as to Defendant Todd Dunning. (tn, COURT STAFF) (Filed on 8/26/2008)
August 26, 2008 8 SUMMONS Issued as to Defendant BrianDunning.com. (tn, COURT STAFF) (Filed on 8/26/2008)
August 26, 2008 7 SUMMONS Issued as to Defendant Digital Point Solutions, Inc.. (tn, COURT STAFF) (Filed on 8/26/2008)
August 26, 2008 6 SUMMONS Issued as to Defendant Kessler's Flying Circus. (tn, COURT STAFF) (Filed on 8/26/2008)
August 25, 2008 CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)
August 25, 2008 5 CERTIFICATION of Interested Entities or Persons Pursuant to Local Rule 3-16 Filed by Plaintiff eBay Inc. Identifying Corporate Parent eBay International A.G. for eBay Inc.. (tn, COURT STAFF) (Filed on 8/25/2008)
August 25, 2008 4 DISCLOSURE STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1 Filed by Plaintiff eBay Inc.. (tn, COURT STAFF) (Filed on 8/25/2008)
August 25, 2008 3 ADR SCHEDULING ORDER: Joint Case Management Statement due 12/8/2008 & InitialCase Management Conference set for 12/15/2008 at 4:00 PM.. (tn, COURT STAFF) (Filed on 8/25/2008)
August 25, 2008 2 SUMMONS Issued as to Defendant Brian Dunning. (tn, COURT STAFF) (Filed on 8/25/2008)
August 25, 2008 1 COMPLAINT & Demand for Jury Trial - [Summons Issued] against Brian Dunning, BrianDunning.com, Digital Point Solutions, Inc., Shawn Hogan, Kessler's Flying Circus, Thunderwood Holdings, Inc. & Todd Dunning, [Filing Fee: $350.00, Receipt Number 34611022727] Filed by Plaintiff eBay Inc.. (tn, COURT STAFF) (Filed on 8/25/2008)

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Plaintiff: eBay Inc.
Represented By: Colleen M. Kennedy
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Defendant: Digital Point Solutions, Inc.
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Defendant: Shawn Hogan
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Defendant: Kessler's Flying Circus
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Defendant: Thunderwood Holdings, Inc.
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Defendant: Todd Dunning
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Defendant: Brian Dunning
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Defendant: BrianDunning.com
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