Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| 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) |
| August 25, 2008 | 2 | SUMMONS Issued as to Defendant Brian Dunning. (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 | 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 | 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 26, 2008 | 6 | SUMMONS Issued as to Defendant Kessler's Flying Circus. (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 | 8 | SUMMONS Issued as to Defendant BrianDunning.com. (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 | 10 | SUMMONS Issued as to Defendant Shawn Hogan. (tn, COURT STAFF) (Filed on 8/26/2008) |
| August 26, 2008 | 11 | SUMMONS Issued as to Defendant Thunderwood Holdings, Inc.. (tn, COURT STAFF) (Filed on 8/26/2008) |
| 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) |
| 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) |
| September 3, 2008 | 14 | NOTICE of Change of Address by David R. Eberhart (Eberhart, David) (Filed on 9/3/2008) |
| 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 | 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 4, 2008 | 17 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge(cm, COURT STAFF) (Filed on 9/4/2008) |
| September 4, 2008 | 18 |  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 5, 2008 | 19 | CERTIFICATE OF SERVICE by eBay Inc. Proof of Service (Eberhart, David) (Filed on 9/5/2008) |
| 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) |
| 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) |
| 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 | 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 | 24 | CERTIFICATE OF SERVICE by eBay Inc. (Eberhart, David) (Filed on 10/2/2008) |
| 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 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 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 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 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 | 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 | 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 | 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 | 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 | 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 | 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 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). |
| 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) |
| 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 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 | 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 | 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 | 42 | Proposed Order re 41 Memorandum in Opposition, 40 Memorandum in Opposition by eBay Inc.. (Kennedy, Colleen) (Filed on 11/21/2008) |
| 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 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 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 | 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 | 47 | Reply Memorandum filed byTodd Dunning. (Attachments: # 1 Affidavit proof of service)(Foreman, Stewart) (Filed on 11/26/2008) |
| 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 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 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) |
| 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) |
| 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 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 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 24, 2008 | 55 | STIPULATION and Proposed Order selecting Private ADR by eBay Inc. (Eberhart, David) (Filed on 12/24/2008) |
| January 6, 2009 | 56 | 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) |
| January 9, 2009 | 57 | JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Bunzel, Sharon) (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 | 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 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) |
| February 24, 2009 | 61 | 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) |
| 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) |
| 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 12, 2009 | 64 | NOTICE of Appearance by Stewart H. Foreman Telephonically at Initial Case Management Conference (Foreman, Stewart) (Filed on 3/12/2009) |
| 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 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 18, 2009 | 67 | 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 26, 2009 | 68 | AMENDED COMPLAINT Second Amended Complaint against all defendants. Filed byeBay Inc.. (Eberhart, David) (Filed on 3/26/2009) |
| 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) |
| April 9, 2009 | 70 | 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 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 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 | 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 | 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 | 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 | 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) |
| 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) |
| 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 | 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 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 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 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 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 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 | 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) |
| 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). |
| 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 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 3, 2009 | 89 | ORDER by Judge Jeremy Fogel granting 83 Motion for Leave to File Excess Pages (jflc1, COURT STAFF) (Filed on 6/3/2009) |
| 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 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 | 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 | 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 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 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 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 25, 2009 | 107 | STIPULATION Stipulated Protective Order by eBay Inc.. (Eberhart, David) (Filed on 6/25/2009) |
| 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 26, 2009 | 109 | 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 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) |
| 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) |
| 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 17, 2009 | 113 | 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 31, 2009 | 115 | ANSWER to Amended Complaint byDigital Point Solutions, Inc.. (Campbell, Ross) (Filed on 8/31/2009) |
| August 31, 2009 | 116 | ANSWER to Amended Complaint byShawn Hogan. (Campbell, Ross) (Filed on 8/31/2009) |
| September 9, 2009 | 117 | ANSWER to Amended Complaint byDunning Enterprise, Inc.. (Foreman, Stewart) (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 | 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 14, 2009 | 120 | NOTICE of Appearance by Stewart H. Foreman Telephonically at Subsequent Case Management Conference (Foreman, Stewart) (Filed on 9/14/2009) |
| 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 15, 2009 | 122 | NOTICE of Appearance by Ross Montgomery Campbell Telephonically at Case Management Conference (Campbell, Ross) (Filed on 9/15/2009) |
| 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 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 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 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 | 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 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 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) |
| 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) |
| 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 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 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 | 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 | 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 | 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 | 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 | 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 | 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 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 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 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 | 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 | 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 | 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 | 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 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 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 | 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 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 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 | 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 | 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 | 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 | 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 | 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 | 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) |
| 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) |
| 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 | 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 | 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 | 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 | 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 | 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 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 19, 2009 | 166 | 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 20, 2009 | 167 | ADR Clerk's Notice Appointing Beth H. Parker as Mediator. (cmf, COURT STAFF) (Filed on 11/20/2009) |
| 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 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) |
| 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) |
| December 7, 2009 | 171 | 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 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 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 | 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 | 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 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 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) |
| 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) |
| 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 12, 2010 | 180 | Letter from Kessler's Flying Circus re Status of Criminal Proceedings. (McClellan, Patrick) (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 | 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 | 183 | 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 | 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 15, 2010 | 185 | CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by eBay Inc.. (Kennedy, Colleen) (Filed on 1/15/2010) |
| 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 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) |