Smallwood et al v. NCSOFT
| Craig Smallwood, John Does 1-999, Jane Does 1-999, Does Associations 1-99, Doe Companies 1-99, Doe Corporations 1-99, Doe Limited Liability 1-99 and Doe LLP 1-99 |
| NCSOFT |
| 1:2009cv00497 |
| October 19, 2009 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| ALAN C KAY |
| BARRY M. KURREN |
| None |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 17, 2010. A more recent docket listing may be available from PACER.
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| Filing 53 CERTIFICATE OF SERVICE by Craig Smallwood (Re: 1st RPD to Defs) (Kanae, Lila) |
| Filing 52 EO: Status Conference Re: Trial Date and Other Deadlines set for 12/28/2010 @ 09:00 AM before Judge BARRY M. KURREN. Deanna Lee to notify the parties. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 51 CERTIFICATE OF SERVICE by NC Interactive, Inc., NCsoft Corporation re "Defendants' Second Request for Production of Documents and Other Things to Plaintiff', dated 11/30/10 (Attachments: # 1 Certificate of Service)(Love, Chad) |
| Filing 50 CERTIFICATE OF SERVICE by Craig Smallwood (eps ) |
Filing 49
WITHDRAWAL And SUBSTITUTION of Counsel For Defendants NCSOFT CORPORATION AND NC INTERACTIVE, INC AND ORDER, Attorney Chad P. Love,Barbara J. Kirschenbaum for NC Interactive, Inc.,Chad P. Love,Barbara J. Kirschenbaum for NCsoft Corporation added. Attorney Margery S. Bronster and Rex Y. Fujichaku terminated.. Signed by Judge BARRY M. KURREN on 10/21/10. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 48 CERTIFICATE OF SERVICE by NC Interactive, Inc., NCsoft Corporation (Re Defendants' First Request For: (1) Answers To Interrogatories To Plaintiff; And (2) Production Of Documents To Plaintiff, Dated September 9, 2010) (Fujichaku, Rex) |
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Filing 46
Rule 16 SCHEDULING ORDER:. Signed by Judge BARRY M. KURREN on 9/3/10. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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| Filing 45 EP: Rule 16 Scheduling Conference held. New dates and deadlines given, as shown below. Court to prepare Rule 16 Scheduling Order. Bench Trial set for 7/19/2011 at 9:00 AM before JUDGE ALAN C KAY. Final Pretrial Conference set for 6/7/2011 at 9:00 AM before Judge BARRY M. KURREN. Settlement Conference set for 4/27/2011 at 1:30 PM before Judge BARRY M. KURREN. Motions due 2/16/2011. Discovery due 5/20/2011. (C6 no record 9:00-9:05 AM.) (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 47 INITIAL DISCLOSURE by Craig Smallwood; Certificate of Service. (eps ) |
| Filing 44 CERTIFICATE OF SERVICE by Craig Smallwood (eps ) |
| Filing 43 INITIAL DISCLOSURE by NC Interactive, Inc., NCsoft Corporation. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 42 REPORT of Planning Meeting (Joint Rule 26(f)). (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 41 TRANSCRIPT of Proceedings 23 Motion to Dismiss Second Amended Complaint held on 7/19/10 before Judge Alan C. Kay. Court Reporter Debra Chun, Telephone number 808 534-0667. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Remote availability of electronic transcripts is regulated by FRCP 5.2(a), FRCrP 49.1(a), and FRBP 9037(a). Redaction Request due 9/7/2010. Redacted Transcript Deadline set for 9/16/2010. Release of Transcript Restriction set for 11/15/2010. (dc@hid.uscourts.gov) pp. 24. |
| Filing 40 Defendants' ANSWER to 21 Amended Complaint (Second Amended Complaint) by NC Interactive, Inc., NCsoft Corporation. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 39 EO: The Rule 16 Scheduling Conference set for 8/18/2010 is CONTINUED to 9:00AM on 9/3/2010 before Judge BARRY M. KURREN. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 38 SUPPLEMENTAL Scheduling Conference Statement. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service) filed by Plaintiff (eps ) |
| Filing 37 AMENDED DOCUMENT by NC Interactive, Inc., NCsoft Corporation. Amendment to 26 Scheduling Conference Statement , Filed on June 3, 2010. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
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Filing 36
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT 23 . Signed by JUDGE ALAN C KAY on 8/4/2010. ~ The Court: (1) DENIES Defendants' motion to dismiss for lack of subject matter jurisdiction; (2) GRANTS in part and denies in part Defendants' Motion to Dismiss the Second Amended Complaint, and (3) DISMISSES Counts I (Misrepresentation/Deceit), II (Unfair and Deceptive Trade Practices), VI (Intentional Infliction of Emotional Distress) and VIII (Punitive Damages) of the Second Amended Complaint with prejudice. Counts III (Defamation/Libel/Slander), IV (Negligence), V (Gross Negligence), and VII (Negligent Infliction of Emotional Distress) of the Second Amended Complaint remain viable. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 8/5/2010.
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| Filing 35 CERTIFICATE OF SERVICE by NC Interactive, Inc., NCsoft Corporation re 34 Supplement, AMENDED (Fujichaku, Rex) |
| Filing 34 SUPPLEMENT re 23 MOTION to Dismiss Second Amended Complaint Filed April 7, 2010 filed by NC Interactive, Inc., NCsoft Corporation by NC Interactive, Inc., NCSOFT Regarding The Texas Deceptive Trade Practices Act. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 33 MEMORANDUM OF LAW; Certificate of Service re 23 filed by Craig Smallwood. (eps ) |
| Filing 32 EO: The Rule 16 Scheduling Conference set for 8/5/2010 is CONTINUED to 9:00AM on 8/18/2010 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 8/11/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 31 EP: Motion Hearing held on 7/19/2010 Re 23 Defendants NC Interactive, Inc. And NCSOFT Corporations Motion to Dismiss Second Amended Complaint filed 4/7/2010. Pro Bono Counsel Lila Kanae will be assisting the Plaintiff with this Action. Supplemental Memorandum to be filed by 7/29/2010 regarding the Texas Act.The Motion will be taken under advisement as of 7/29/2010. (Court Reporter Debra Chun.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry |
| Filing 30 REPLY re 29 Memorandum in Opposition to Motion, 28 Memorandum in Opposition to Motion, To Dismiss Second Amended Complaint Filed April 7, 2010," Filed 4/21/10 filed by NC Interactive, Inc., NCsoft Corporation. (Attachments: # 1 Declaration of Rex Y. Fujichaku, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Compliance, # 6 Certificate of Service)(Fujichaku, Rex) |
| Filing 29 SUPPLMENTAL MEMORANDUM in Opposition To "Defendants NC Interactive, Inc and NCSOFT Corporation's 23 MOTION to Dismiss Second Amended Complaint Filed April 7, 2010 ; Filed 4/21/10 - filed by Craig Smallwood. (Attachments: # 1 Exhibit 2, # 2 Certificate of Service)(eps ) |
| Filing 28 MEMORANDUM in Opposition To "Defendants NC Interactive, Inc and NCSOFT Corporation's 23 MOTION to Dismiss Second Amended Complaint Filed April 7, 2010, Filed 04/21/10; filed by Craig Smallwood. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(eps ) |
| Filing 27 EO: The Rule 16 Scheduling Conference set for 6/10/2010 is CONTINUED to 8/5/2010 at 9:30 AM before Judge BARRY M. KURREN. Scheduling Conference Statements are due 7/29/2010. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 26 Scheduling Conference Statement of Defendants NC Interactive, Inc. And NCsoft Corporation. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 25 Scheduling Conference Statement. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(eps ) |
| Filing 24 NOTICE of Hearing on Motion 23 Defendants NC Interactive, Inc. and NCSOFT's MOTION to Dismiss Second Amended Complaint Filed April 7, 2010 set for 7/19/2010 at 10:00 AM before JUDGE ALAN C KAY. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 23 MOTION to Dismiss Second Amended Complaint Filed April 7, 2010 Rex Y. Fujichaku appearing for Defendants NC Interactive, Inc., NCsoft Corporation (Attachments: # 1 Memorandum In Support of Motion, # 2 Declaration of Matthew Esber, # 3 Exhibit 1, # 4 Certificate of Service)(Fujichaku, Rex) |
| Filing 22 PROOF OF SERVICE - SUMMONS Returned Executed by Craig Smallwood. NCsoft served on 4/7/2010 @ 1003 Biship St #2300, Hon, HI 96813. (eps ) -- proof of service names NCSoft |
| Filing 21 SECOND AMENDED COMPLAINT against NCsoft Corporation, NC Interactive, Inc., filed by Craig Smallwood. (Attachments: # 1 Exhibit 1, # 2 Summons issued, # 3 Certificate of Service)(ecs, ) |
| Filing 20 EO: Scheduling Conference Statements for the 6/10/2010 Rule 16 Scheduling Conference are DUE 6/3/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 19 EO: On 2/26/2010, the Court issued an 17 Order Dismissing Plaintiff's Amended Complaint with Leave to Amend. Plaintiff shall file his amended complaint, if any, by 4/7/2010. The Rule 16 Scheduling Conference before Judge BARRY M. KURREN set for 4/6/2010 is therefore CONTINUED to 6/10/2010 at 9:00 a.m. (Judge BARRY M. KURREN)(kur1)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 18 EO: Rule 16 Scheduling Conference set for 4/6/2010 @ 09:30 AM is MOVED to 9:00 AM the same day before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements due 4/1/2010. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| COURT'S CERTIFICATE of Service - a copy of 17 "ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT WITH LEAVE TO AMEND" has been served by First Class Mail to Craig Smallwood at the address of record on March 1, 2010. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
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Filing 17
ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT WITH LEAVE TO AMEND re 9 - Signed by JUDGE ALAN C KAY on 2/26/10. (For the foregoing reasons, the Court: (1) DENIES Defendants' Motion to Dismiss based upon Fed. R. Civ. P. 12(b)(1) lack of subject matter jurisdiction; (2) GRANTS Defendants' Motion to Dismiss on the basis of failure to plead fraud in compliance with Fed. R. Civ. P. 9(b); (3) GRANTS Defendants' Motion to Dismiss Plaintiff's Intentional Infliction of Emotional Distress and Defamation claims for failure to state a claim under Fed. R. Civ. P. 12(b)(6; and, (4) DISMISSES the Amended Complaint without prejudice and GRANTS leave to amend. Follows oral order of 2/22/10; 15 .) (emt, )
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| Filing 16 EO: Rule 16 Scheduling Conference is continued from 3/5/2010 to 4/6/2010 @ 09:30 AM before Judge BARRY M. KURREN. Rule 16 Scheduling Conference Statements due 4/1/2010. Mr. Fujichaku to notify the parties. (Judge BARRY M. KURREN)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 15 EP:Motion Hearing held on 2/22/2010 re 9 Defendant NCSOFT'S MOTION to Dismiss Amended Complaint Filed November 13, 2009-Oral Argument Held. The Motion is hereby Denied without Prejudice. Court to prepare the written Order. (Court Reporter Katherine Eisman.) (JUDGE ALAN C KAY)(lls, )No COS issued for this docket entry |
| Filing 14 EO: 9 Defendant NCSOFT's MOTION to Dismiss Amended Complaint Filed November 13, 2009 set for 2/22/2010 at 11:00 AM before JUDGE ALAN C KAY. Please Note this hearing was previously set at l0:00 a.m. (JUDGE ALAN C KAY)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 13 REPLY re 12 Memorandum in Opposition to 9 Motion To Dismiss Amended Complaint Filed November 23, 2009 filed by NCSOFT. (Attachments: # 1 Declaration of Margery S. Bronster, # 2 Certificate of Service)(Bronster, Margery) Linked to motion on 2/9/2010 (ecs, ). |
| Filing 12 MEMORANDUM in Opposition To Defendants 9 MOTION to Dismiss Amended Complaint Filed November 23, 2009 filed by Craig Smallwood. (eps ) |
| Filing 11 EO: The Rule 16 Scheduling Conference set for 1/11/2010 is CONTINUED to 09:00AM on 3/5/2010 before Judge BARRY M. KURREN. Scheduling Conference Statements are due 2/26/2010. (Judge BARRY M. KURREN)(kur2)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry |
| Filing 10 NOTICE of Hearing on Motion 9 Defendant NCSOFT's MOTION to Dismiss Amended Complaint Filed November 13, 2009 set for 2/22/2010 at 10:00 AM before JUDGE ALAN C KAY. Ripe Motion Deadline-2/22/2010. (Court Use)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. |
| Filing 9 MOTION to Dismiss Amended Complaint Filed November 13, 2009 Rex Y. Fujichaku appearing for Defendant NCSOFT (Attachments: # 1 Memorandum In Support of Motion, # 2 Certificate of Service)(Fujichaku, Rex) |
| Filing 8 Corporate Disclosure Statement by NCSOFT. (Attachments: # 1 Certificate of Service)(Fujichaku, Rex) |
| Filing 7 AMENDED COMPLAINT against NCSOFT For Unfair, Discriminatory, And Fraudulent Business Practies, Also To Include Defamation of Character Causing Harm; Certificate of Service, filed by Craig Smallwood.(eps ) |
| Filing 6 PROOF OF SERVICE by Craig Smallwood. NCSOFT served on 10/26/2009 through Doug Edwards, Attorney (eps ) |
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Filing 5
ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND re 1 . Signed by JUDGE ALAN C KAY on 10/29/09. (eps )-- Plaintiff will be granted twenty (20) days from the date this Order is filed to file an amended complaint which will meet the jurisdictional requirements of this Court. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Plaintiff served by first class mail on the date of this docket entry
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| Filing 4 MEMO: Re Corporate Disclosure Statements. (eps ) |
| Filing 3 Order Setting Rule 16 Scheduling Conference for 09:00AM on 1/11/2010 before JUDGE SUSAN OKI MOLLWAY.. by JUDGE SUSAN OKI MOLLWAY on 10/19/09. (eps )No COS issued for this docket entry |
| Filing 2 Filing fee: $350.00,receipt number 249299 (eps ) |
| Filing 1 COMPLAINT against NCSOFT For Unfair, Discriminatory, And Fraudulent Business Practies, Also To Include Defamation of Character Causing Harm (Filing fee $ 350.), filed by Craig Smallwood. (Attachments: # 1 Summons, # 2 Certificate of Service)(eps ) |
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