Fox v. Riverdeep Incorporated, LLC et al
Plaintiff: Harry Fox
Defendant: Riverdeep, Incorporated, LLC, Learning Company, Barbara Cash, C*Ding, LLC and Wall Street Productions, Limited
Case Number: 5:2007cv13622
Filed: August 28, 2007
Court: US District Court for the Eastern District of Michigan
Office: Ann Arbor Office
County: XX Outside US
Presiding Judge: Mona K Majzoub
Referring Judge: John Corbett O'Meara
Nature of Suit: Copyright
Cause of Action: No cause code entered
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on November 16, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2009 Opinion or Order Filing 156 STIPULATED ORDER DISMISSING DEFENDANTS BARBARA CASH AND C*DING, Signed by District Judge John Corbett O'Meara. (WBar)
October 30, 2009 Opinion or Order Filing 155 STIPULATED ORDER Dismissing Claims against Defendant Riverdeep, Incorporated, LLC. Signed by District Judge John Corbett O'Meara. (WBar)
October 30, 2009 Opinion or Order Filing 154 STIPULATED ORDER Regarding Permanent Injunction as to Defendant Riverdeep, Inc. Signed by District Judge John Corbett O'Meara. (WBar)
October 15, 2009 Opinion or Order Minute Entry - Settlement Conference held on 10/15/2009 before Magistrate Judge Mona K Majzoub. Disposition: SETTLED (Tape #MKM 10/15/09) (LBar)
September 14, 2009 Opinion or Order Filing 153 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference set for 10/15/2009 @ 10:00 AM before Magistrate Judge Mona K Majzoub (LBar)
September 2, 2009 Opinion or Order Filing 152 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 9/15/2009 @ 09:30 AM before Magistrate Judge Mona K Majzoub (LBar)
August 18, 2009 Opinion or Order Minute Entry -Settlement Conference held on 8/18/2009 before Magistrate Judge Mona K Majzoub. Disposition: Not Settled to be Continued (LBar)
July 31, 2009 Opinion or Order Filing 151 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference set for 8/18/2009 @ 09:30 AM before Magistrate Judge Mona K Majzoub (LBar)
July 24, 2009 Opinion or Order Filing 150 AMENDED NOTICE AND ORDER TO APPEAR: Settlement Conference set for 8/18/2009 @ 09:00 AM before Magistrate Judge Mona K Majzoub (LBar)
July 23, 2009 Opinion or Order Filing 149 NOTICE AND ORDER TO APPEAR: Settlement Conference set for 8/18/2009 @ 10:00 PM before Magistrate Judge Mona K Majzoub (LBar)
July 21, 2009 Opinion or Order Filing 148 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 9/30/2009 03:00 PM before District Judge John Corbett O'Meara Jury Trial set for 10/13/2009 09:00 AM before District Judge John Corbett O'Meara Signed by District Judge John Corbett O'Meara. (Refer to image for additional dates) (WBar)
July 21, 2009 Opinion or Order Filing 147 ORDER REFERRING OTHER MATTERS to *Magistrate Judge Mona K Majzoub* : *Settlement Conference*. Signed by District Judge John Corbett O'Meara. (WBar)
June 29, 2009 Opinion or Order Filing 146 COURTROOM PROCEDURES AND DECORUM ORDER. Signed by District Judge John Corbett O'Meara. (WBar)
June 25, 2009 Opinion or Order Filing 145 JOINT FINAL PRETRIAL ORDER, Signed by District Judge John Corbett O'Meara. (WBar)
June 23, 2009 Opinion or Order Filing 144 MOTION in Limine to Exclude Indemnity Agreement by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)
June 17, 2009 Opinion or Order Minute Entry -Conference held on 6/17/2009 before District Judge John Corbett O'Meara. Disposition: Final Pretrial Conference not held; parties directed to submit joint final pretrial order by 6/24/09(Court Reporter Carol Sapala) (WBar)
June 17, 2009 Opinion or Order ORAL ORDER Denying #143 MOTION for Reconsideration filed by Harry Fox. Signed by District Judge John Corbett O'Meara. (WBar)
June 15, 2009 Opinion or Order Filing 143 MOTION for Reconsideration by Harry Fox. (Kohn, Kenneth)
June 12, 2009 Opinion or Order Filing 142 PRETRIAL MEMORANDUM by Harry Fox (Kohn, Kenneth)
June 12, 2009 Opinion or Order Filing 141 DECLARATION by Irwin B. Schwartz re #140 MOTION for Sanctions for Failure to Cooperate in Final Pretrial Order filed by Riverdeep, Incorporated, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A - 6/2/09,12:08 p.m. Email, #3 Exhibit B - 6/2/09, 12:18 p.m. Email, #4 Exhibit C - 6/2/09, 4:34 p.m. Email, #5 Index of Exhibits D - 6/3/09, 5:29 p.m., #6 Exhibit E - 6/4/09, 12:11 p.m. Email) (Dobrowitsky, Catherine)
June 12, 2009 Opinion or Order Filing 140 MOTION for Sanctions for Failure to Cooperate in Final Pretrial Order by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 4/8/09, 11:10 a.m. Email, #3 Exhibit 2 - 4/8/09, 11:18 a.m. Email, #4 Exhibit 3 - 4/8/09, 4:14 p.m. Email, #5 Exhibit 4 - 4/13/09, 2:26 p.m. Email, #6 Index of Exhibits 5 - Declaration of Irwin B. Schwartz) (Dobrowitsky, Catherine)
June 12, 2009 Opinion or Order Filing 139 PRETRIAL MEMORANDUM by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC (Dobrowitsky, Catherine). [DOCUMENT IS TITLED "DEFENDANTS' FINAL PRETRIAL ORDER"]. Modified on 6/12/2009 (THal).
May 26, 2009 Opinion or Order Filing 138 OPINION and ORDER granting in part and denying in part #110 Motion for Summary Judgment; denying without prejudice #117 Motion to Strike; denying #119 Motion to Amend Complaint; granting #121 Motion to Strike Sur-Reply. Signed by District Judge John Corbett O'Meara. (WBar)
May 21, 2009 Opinion or Order Minute Entry -Motion Hearing held on 5/21/2009 re #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues filed by Riverdeep, Incorporated, LLC, #119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts filed by Harry Fox before District Judge John Corbett O'Meara. Disposition: Taken Under Advisment(Court Reporter Andrea Wabeke) (WBar)
May 8, 2009 Opinion or Order Filing 137 STIPULATION AND ORDER OF DISMISSAL as to Wall Street Productions, Limited. Signed by District Judge John Corbett O'Meara. (THal)
May 8, 2009 Opinion or Order Filing 136 PERMANENT INJUNCTION as to Wall Street Productions, Ltd. Signed by District Judge John Corbett O'Meara. (THal)
May 7, 2009 Opinion or Order Filing 135 STIPULATION of Dismissal for WSP by Wall Street Productions, Limited (Richardson, Jeffrey)
May 7, 2009 Opinion or Order Filing 134 STIPULATION to Permanent Injunction by FOX and WSP by Wall Street Productions, Limited (Richardson, Jeffrey)
May 1, 2009 Opinion or Order Filing 133 REPLY to Response re #121 MOTION to Strike #120 Reply to Response to Motion filed by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
April 30, 2009 Opinion or Order Filing 132 REPLY to Response re #119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts Reply in Support of Plaintiff's Second Motion to Amend Complaint filed by Harry Fox. (Kohn, Kenneth)
April 28, 2009 Opinion or Order Filing 131 REPLY to Response re #117 MOTION to Strike #114 Response to Motion (certain hearsay statements therein) MOTION to Strike #114 Response to Motion (certain hearsay statements therein) MOTION to Strike #114 Response to Motion (certain hearsay statements therein) MOTION to Strike #114 Response to Motion (certain hearsay statements therein) filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Colston v. Lindsay, #3 Exhibit B - Commonwealth of Kentucky v. Louis Trauth Dairy) (Dobrowitsky, Catherine)
April 23, 2009 Opinion or Order Filing 130 RESPONSE to #119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Ford Motor Co. v. Powerflow, Inc., #3 Exhibit B - Kuehnemund v. Agrium, Inc., #4 Exhibit C - Wrench LLC v. Taco Bell Corp.) (Dobrowitsky, Catherine)
April 23, 2009 Opinion or Order Filing 129 RESPONSE to #119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts filed by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Shane v. Bunzl Distrib. USA, Inc.) (Dobrowitsky, Catherine)
April 17, 2009 Opinion or Order Filing 128 MEMORANDUM of Law in Opposition to the Motion to Strike Plaintiff's Response by Defendant Riverdeep, LLC [Docket 121] by Harry Fox (Kohn, Kenneth)
April 17, 2009 Opinion or Order Filing 127 ORDER granting #104 Motion to Withdraw. Attorney Patrice S. Arend terminated. Signed by District Judge John Corbett O'Meara. (DWor)
April 17, 2009 Opinion or Order Filing 126 ORDER granting #96 Motion to Withdraw. Signed by District Judge John Corbett O'Meara. (DWor)
April 15, 2009 Opinion or Order Filing 125 RESPONSE to #121 MOTION to Strike #120 Reply to Response to Motion Memorandum of Law in Opposition to the Motion to Strike filed by Harry Fox. (Kohn, Kenneth)
April 14, 2009 Opinion or Order Filing 124 NOTICE of hearing on #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues, #119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts. Motion Hearing set for 5/21/2009 02:15 PM before District Judge John Corbett O'Meara. (WBar)
April 14, 2009 Opinion or Order Filing 123 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 6/17/2009 01:30 PM before District Judge John Corbett O'Meara Trailing Trial Docket set for 7/7/2009 Signed by District Judge John Corbett O'Meara. (Refer to image for additional dates) (WBar)
April 13, 2009 Opinion or Order Filing 122 PRETRIAL MEMORANDUM by Harry Fox (Attachments: #1 Index of Exhibits, #2 Exhibit, #3 Exhibit) (Kohn, Kenneth)
April 10, 2009 Opinion or Order Filing 121 MOTION to Strike #120 Reply to Response to Motion by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
April 9, 2009 Opinion or Order Filing 120 (STRICKEN) REPLY to Response re #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues and Certificate of Service filed by Harry Fox. (Kohn, Kenneth) Modified on 5/27/2009 (WBar).
April 6, 2009 Opinion or Order Filing 119 MOTION to Amend/Correct Complaint to Revise Allegations to Conform to Facts by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit Copyright Registration, #3 Exhibit Assignment of Copyright, #4 Exhibit List of Cash and C*Ding's Sales, #5 Exhibit Back of the Pathways Work, #6 Exhibit Cover pages of supporting material, #7 Exhibit March and June 2007 advertisements, #8 Exhibit Advertisement for sale, #9 Exhibit Payment from CDBaby to Cash, #10 Exhibit Wall Street Productions Proposal, #11 Exhibit E-mail from Cory Arnold, #12 Exhibit http://support.broderboud.com, #13 Exhibit E-mail from jeffrey Yap, #14 Exhibit E-mails from K. Mellor, #15 Exhibit E-mail from J. Richardson to I. Scwartz, #16 Exhibit Pathways Mark Trademark Registration Cert., #17 Exhibit OEM Agreement) (Kohn, Kenneth)
April 6, 2009 Opinion or Order Filing 118 NOTICE of Appearance by Kenneth I. Kohn on behalf of Harry Fox. (Kohn, Kenneth)
March 31, 2009 Opinion or Order Filing 117 MOTION to Strike #114 Response to Motion (certain hearsay statements therein) by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 1/10/09 Email from Caixeiro, #3 Exhibit B - Fox Deposition Transcript Excerpts, #4 Exhibit C - Cleary Deposition Transcript Excerpts, #5 Exhibit D - Mellor Deposition Transcript Excerpts, #6 Exhibit E - Basinger v. CSX Transp. Inc., #7 Exhibit F - Siple v. Sullivan, #8 Exhibit G - Burrows v. Gen. Motors Corp., #9 Exhibit H - Gath v. Bay Auto Auction, LLC, #10 Exhibit I - Com. of Kentucky v. Louis Trauth Dairy, Inc., #11 Exhibit J - Stokes v. Xerox Corp., #12 Exhibit K - Eid v. Saint-Gobain Abrasives, Inc., #13 Exhibit L - Jeffery v. Chrysler Corp., #14 Exhibit M - Cady v. County of Arenac) (Dobrowitsky, Catherine)
March 31, 2009 Opinion or Order Filing 116 REPLY to Response re #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Cleary Deposition Transcript Excerpts, #3 Exhibit B - Fox Deposition Transcript Excerpts, #4 Exhibit C - Bridgeport Music, Inc. v. Boutit, Inc., 101 F. Appx 76 (6th Cir. 2004)., #5 Exhibit D - Columbia Pictures Industries, Inc. v. Fysh, No. 06-37, 2007 WL 541988, *3 (W.D. Mich., Feb. 16, 2007)., #6 Exhibit E - Mass Mutual Life Ins. Co. v. Johnson, No. 08-14130-DT, 2009 WL 613551, * 4 (E.D. Mich. Mar. 6, 2009)., #7 Exhibit F - Stegeman v. Aetna Ins. Co., No. 76-70921, 1980 WL 1815 (E.D. Mich. March 14, 1980.) (Dobrowitsky, Catherine)
March 26, 2009 Opinion or Order Filing 115 WITNESS LIST by Wall Street Productions, Limited (Richardson, Jeffrey)
March 10, 2009 Opinion or Order Filing 114 RESPONSE to #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues filed by Harry Fox. (Siman, Steven)
March 10, 2009 Opinion or Order Filing 113 NOTICE of Appearance by Steven A. Siman on behalf of Riverdeep, Incorporated, LLC. (Siman, Steven) Modified on 3/10/2009 (NHol). [ATTORNEY APPEARANCE ON BEHALF OF PLAINTIFF HARRY FOX ONLY]
February 24, 2009 Opinion or Order Filing 112 RESPONSE to #109 Emergency MOTION for Protective Order and to Extend Time to Respond to Wall Street's Discovery Requests by Loeb & Loeb, Jaffe Raitt Heuer & Weiss, and Request for Sanctions filed by Wall Street Productions, Limited. (Attachments: #1 Exhibit Declaration Manny Caixero.DE 97, #2 Exhibit Certificate of Service.WSP Discovery) (Richardson, Jeffrey)
February 17, 2009 Opinion or Order Filing 111 DECLARATION by Irwin B. Schwartz re #110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues filed by Riverdeep, Incorporated, LLC (Dobrowitsky, Catherine)
February 17, 2009 Opinion or Order Filing 110 MOTION for Summary Judgment of the First Amended Complaint or, Alternatively, Summary Adjudication of Issues by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit Deposition Transcript Excerpts of Estelle Cleary, #3 Exhibit B - Emails, #4 Exhibit C - Deposition Transcript Excerpts of Kirsten Mellor, #5 Exhibit D - Deposition Transcript Excerpts of Barbara Cash, #6 Index of Exhibits E - Deposition Transcript Excerpts of Jeffrey Richardson, #7 Exhibit F - Brelsford v. U.S. Foodservice, Inc., #8 Exhibit G - Vining v. Jennings, #9 Exhibit H - Priddy v. Smith, #10 Exhibit I - Bridgeport Music v. Chrysalis Songs, #11 Exhibit J - Declaration of Irwin Schwartz) (Dobrowitsky, Catherine)
February 16, 2009 Opinion or Order Filing 109 Emergency MOTION for Protective Order and to Extend Time to Respond to Wall Street's Discovery Requests by Loeb & Loeb, Jaffe Raitt Heuer & Weiss, and by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit A: 02/13/09 Email from I. Schwartz, #3 Exhibit B: 02/12/09 Email from I. Schwartz, #4 Exhibit C: 02/12/09 Email from J. Richardson, #5 Exhibit D: 02/13/09 Email from I. Schwartz, #6 Exhibit E: 02/13/09 Email from R. Gaffin) (Arend, Patrice)
February 9, 2009 Opinion or Order Filing 108 RESPONSE to #103 MOTION TO EXTEND Dispositive Motion Deadline filed by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)
February 9, 2009 Opinion or Order Filing 107 RESPONSE to #104 Emergency MOTION for Withdrawal of Attorney Patrice Arend filed by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)
February 5, 2009 Opinion or Order Filing 106 NOTICE TO APPEAR: Status Conference set for 2/12/2009 02:00 PM before District Judge John Corbett O'Meara (WBar)
February 3, 2009 Opinion or Order Filing 105 DECLARATION by Patrice Arend re #104 Emergency MOTION for Withdrawal of Attorney Patrice Arend filed by Harry Fox (Arend, Patrice)
February 3, 2009 Opinion or Order Filing 104 Emergency MOTION for Withdrawal of Attorney Patrice Arend by Harry Fox. (Arend, Patrice)
January 26, 2009 Opinion or Order Filing 103 MOTION TO EXTEND Dispositive Motion Deadline by Wall Street Productions, Limited. (Attachments: #1 Exhibit - Certificate of Service WSP Discovery Requests Upon Plaintiff) (Richardson, Jeffrey)
January 26, 2009 Opinion or Order Filing 102 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Wall Street Productions, Limited (Richardson, Jeffrey)
January 26, 2009 Opinion or Order Filing 101 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Wall Street Productions, Limited. (Richardson, Jeffrey)
January 16, 2009 Opinion or Order Filing 100 RESPONSE to #96 Emergency MOTION for Withdrawal of Attorney Loeb & Loeb, LLP and Manny Caixeiro filed by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)
January 15, 2009 Opinion or Order Filing 99 OFFER of Judgment by Wall Street Productions, Limited Withdrawal of (Richardson, Jeffrey) Modified on 1/15/2009 (BSoc). [WRONG DOCKET EVENT SELECTED - DOCUMENT IS NOT AN OFFER OF JUDGMENT BUT NOTICE WITHDRAWING OFFER]
January 14, 2009 Opinion or Order Filing 97 DECLARATION by Manny Joseph Caixeiro re #96 Emergency MOTION for Withdrawal of Attorney Loeb & Loeb, LLP and Manny Caixeiro filed by Harry Fox (Arend, Patrice)
January 14, 2009 Opinion or Order Filing 96 Emergency MOTION for Withdrawal of Attorney Loeb & Loeb, LLP and Manny Caixeiro by Harry Fox. (Arend, Patrice)
January 12, 2009 Opinion or Order Filing 95 OFFER of Judgment by Wall Street Productions, Limited to Plaintiff (Richardson, Jeffrey)
January 12, 2009 Opinion or Order Filing 94 NOTICE of Appearance by Jeffrey G. Richardson on behalf of Wall Street Productions, Limited. (Richardson, Jeffrey)
January 7, 2009 Opinion or Order Filing 93 CERTIFICATE of Service/Summons Returned Executed. Wall Street Productions, Limited served on 1/5/2009, answer due 1/26/2009. (Arend, Patrice)
January 5, 2009 Opinion or Order Filing 92 ANSWER to Amended Complaint with Affirmative Defenses by Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)
January 5, 2009 Opinion or Order Filing 91 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
December 22, 2008 Opinion or Order Filing 90 SUMMONS Issued for *Wall Street Productions, Ltd.* (DHam)
December 18, 2008 Opinion or Order Filing 89 AMENDED COMPLAINT with Jury Demand filed by Harry Fox against Wall Street Productions, Ltd., Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Copyright registration issued by the United States Copyright Office, #3 Exhibit B - Assignment of Copyright, #4 Exhibit C - List of Cash and C*Dings Sales, #5 Exhibit D - Back of the Pathways Work as sold by Cash and C*Ding, #6 Exhibit E - Cover pages of the supporting material distributed by Cash and C*Ding with the Pathways Work, #7 Exhibit F - March and June 2007 advertisements, #8 Exhibit G - Advertisement for sale on http//cdbaby.com/cd/ptj, #9 Exhibit H - Payments from CDBaby to Cash, #10 Exhibit I - Wall Street Productions Proposal, dated April 13, 2004, #11 Exhibit J - E-mail from Cory Arnold, dated August 17, 2005, #12 Exhibit K - http://support.broderbund.com/faq_list.asp?id=389, #13 Exhibit L - E-mail from Jeffrey Yapo, Aug. 24, 2004, #14 Exhibit M - E-mails from K. Mellor, dated September 20, 2004, #15 Exhibit N - E-mail from J. Richardson to I. Scwartz, dated July 17, 2007) (Arend, Patrice)
December 18, 2008 Opinion or Order REQUEST for SUMMONS for Wall Street Productions, Ltd.. (Arend, Patrice)
December 16, 2008 Opinion or Order Filing 88 AMENDED SCHEDULING ORDER: Discovery due by 1/15/2009 Dispositive Motion Cut-off set for 2/16/2009 Signed by District Judge John Corbett O'Meara. (Refer to image for additional dates) (WBar)
December 16, 2008 Opinion or Order Filing 87 OPINION AND ORDER denying #55 Motion for Summary Judgment; granting #58 Motion for Leave to File Amended Complaint; denying #59 Motion to Disqualify Counsel; granting #60 Motion to Extend Discovery ; granting in part #68 Motion for Order Finding Spoliation of Evidence; denying without prejudice #78 Motion to Strike; denying #82 Motion for Summary Judgment. Signed by District Judge John Corbett O'Meara. (WBar)
November 20, 2008 Opinion or Order Minute Entry -Motion Hearing held on 11/20/2008 re #68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC filed by Harry Fox, #55 Renewed MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC, #82 MOTION for Summary Judgment filed by C*Ding, LLC, Barbara Cash, #58 MOTION for Leave to File First Amended Complaint filed by Harry Fox, #60 MOTION TO EXTEND Discovery by Thirty Days filed by Harry Fox, #78 MOTION to Strike filed by Riverdeep, Incorporated, LLC, #59 MOTION to Disqualify Counsel Miller Canfield filed by Harry Fox before District Judge John Corbett O'Meara. Disposition: Taken Under Advisement(Court Reporter Andrea Wabeke) (WBar)
November 4, 2008 Opinion or Order Reset Deadlines as to #68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC, #78 MOTION to Strike, #58 MOTION for Leave to File First Amended Complaint, #59 MOTION to Disqualify Counsel Miller Canfield, #55 Renewed MOTION for Summary Judgment, #60 MOTION TO EXTEND Discovery by Thirty Days, #82 MOTION for Summary Judgment. Motion Hearing set for 11/20/2008 02:30 PM before District Judge John Corbett O'Meara (WBar)
November 3, 2008 Opinion or Order Filing 86 REPLY to Response re #82 MOTION for Summary Judgment filed by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A - Evergreen Marine Corp. v. Division Sales, Inc., No. 01 C 4933, 2003 WL 1127759 (N.D.Ill. March 12, 2003), #3 Exhibit B - Bridgeport Music, Inc. v. Boutit, Inc., 101 F. Appx. 76 (6th Cir. 2004)) (Dobrowitsky, Catherine)
October 29, 2008 Opinion or Order Filing 85 DECLARATION by Manny Caixeiro re #84 Response to Motion, filed by Harry Fox (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Transcript of Deposition of Barbara Cash, #3 Exhibit 2 - Transcript of Deposition of Estelle Cleary, #4 Exhibit 3 - Transcript of Deposition of Harry Fox, #5 Exhibit 4 - Transcript of Deposition of Riverdeep Rule 30(b)(6) Witness Kirsten Mellor, #6 Exhibit 5 - Transcript of Deposition of Jeffrey Richardson, #7 Index of Exhibits 6 - U.S. Copyright Office registration search results, #8 Exhibit 7 - Assignment of Copyright 01/28/97, #9 Exhibit 8 - 11/24/2003 Letter from Richardson to Riverdeep, Inc., #10 Exhibit 9 - 12/15/2003 Email from Richardson to "Relations, Client", #11 Exhibit 10 - OEM Agreement, #12 Exhibit 11 - 06/16/2004 Email from Rochon to Richardson, #13 Exhibit 12 - Richardson's Notes of June 17, 2004 telephone call with Cleary, #14 Exhibit 13 - Facsimile from Richardson to Guggenheim, #15 Exhibit 14 - Certificate of Recordation, #16 Exhibit 15 - Richardson's Notes of July and August 2004, #17 Exhibit 16 - 08/24/2004 Email from Yapo to Richardson, #18 Exhibit 17 - 09/20/2004 Email from Mellor to Richardson, #19 Exhibit 18 - Biblical Archaeology Review, #20 Exhibit 19 - 04/11/2007 Letter from K. Mellor to P. Colbath, #21 Exhibit 20 - 05/09/2007 Letter from Colbath to Cash, #22 Exhibit 21 - Sales Log, #23 Exhibit 22 - CD Baby sales log, #24 Exhibit 23 - Invoices, #25 Exhibit 24 - Richardson's notes, #26 Exhibit 25 - Jeffrey Richardson, The Sounds of Silence: How Copyrights Affect Composition, Michigan Bar Journal June 2003) (Arend, Patrice)
October 29, 2008 Opinion or Order Filing 84 RESPONSE to #82 MOTION for Summary Judgment filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Ice Music, Ltd. v. Schuler, #3 Exhibit B - Microfibres, Inc. v. Printed Fabrics Corp., #4 Exhibit C - High Tymes Productions, Inc. v. PRN Productions, Inc., #5 Exhibit D - Faessler v. United States Playing Card Co., #6 Exhibit D - Powerhouse Marks, LLC v. Chi Hsin Impex, Inc., #7 Exhibit F - Novell, Inc. v. Unicom Sales, Inc.) (Arend, Patrice)
October 20, 2008 Opinion or Order Filing 83 REPLY to Response re #78 MOTION to Strike filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Cleary deposition transcript excerpts, #3 Exhibit 2 - Commonwealth of Kentucky v. Louis Trauth Dairy, #4 Exhibit 3 - Gath v. Bay Auto Auction, LLC) (Dobrowitsky, Catherine)
October 9, 2008 Opinion or Order Set/Reset Deadlines as to #82 MOTION for Summary Judgment. Motion Hearing set for 11/6/2008 02:00 PM before District Judge John Corbett O'Meara (WBar)
October 8, 2008 Opinion or Order Filing 82 MOTION for Summary Judgment by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - OEM License Agreement, #3 Exhibit 2 - Plaintiff's Sales Charts, #4 Exhibit 3 - Cash Deposition Transcript Pages, #5 Exhibit 4 - Richardson Deposition Transcript Pages, #6 Exhibit 5 - Fax to C*Ding (Cash 258), #7 Exhibit 6 - Wall (160) Search of Records, #8 Exhibit 7 - Cash (031-036), #9 Exhibit Wall (313) - Richardson notes, #10 Exhibit 9 - Fox Deposition Transcript Pages, #11 Exhibit 10 - Cleary Deposition Transcript Pages, #12 Exhibit 11 - Needlepoint, #13 Index of Exhibits 12 - Cash Sales, #14 Exhibit 13 - Mellor Deposition Transcript Pages, #15 Exhibit 14 - Novell, Inc. v. Unicom Sales, Inc.) (Dobrowitsky, Catherine)
October 8, 2008 Opinion or Order Filing 81 REPLY to Response re #68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC filed by Harry Fox. (Arend, Patrice)
October 3, 2008 Opinion or Order Filing 80 RESPONSE to #78 MOTION to Strike filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Cleary Dep., #3 Exhibit 2 - Fox Dep., #4 Exhibit 3 - Notice of Filing, #5 Exhibit 4 - 09/18/08 Email from C. Dobrowitsky, #6 Exhibit 5 - 09/18/08 Email from M. Caixero, #7 Exhibit DePriest v. Hardyman case, #8 Exhibit 7 - Kurincic v Stein, Inc case, #9 Exhibit 8 - U.S. v. Robinson case, #10 Exhibit 9 - Blalock v. Wilson case, #11 Exhibit 9 (cont.), #12 Exhibit 10 - Gurwin v UBS Finance Serv., #13 Exhibit 11 - Fireman's Fund Ins. Co. v. Gen. Reinsurance Corp., #14 Exhibit 12 - Federal Practice and Procedure, #15 Exhibit 13 - Clevenger v. Dillard's Dept. Store case, #16 Exhibit 14 - Cady v. County of Arenac case, #17 Exhibit 15 - Barbara Case Dep.) (Arend, Patrice)
September 29, 2008 Opinion or Order Filing 79 RESPONSE to #68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Mellor deposition transcript pages, #3 Exhibit B - Cleary deposition transcript pages, #4 Exhibit C - Fox deposition transcript pages, #5 Exhibit D - Richardson deposition transcript pages, #6 Exhibit E - PML v. Hartford, #7 Exhibit F - Chrysler v. Design Forum Architects, #8 Exhibit G - Detroit Edison v. City of Detroit, #9 Exhibit H - DaimlerChrysler v. Davis Racing) (Dobrowitsky, Catherine)
September 23, 2008 Opinion or Order Set Deadline as to #78 MOTION to Strike. Motion Hearing set for 11/6/2008 02:00 PM before District Judge John Corbett O'Meara (WBar)
September 19, 2008 Opinion or Order Filing 78 MOTION to Strike by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Cleary deposition transcript pages, #3 Exhibit B - Fox deposition transcript pages, #4 Exhibit C - Mellor deposition transcript pages, #5 Exhibit D - Jeffery v. Chrysler Corporation, #6 Exhibit E - Commonwealth of Kentucky v. Louis Trauth Dairy, Inc., #7 Exhibit F - Basinger v. CSX Transportation, Inc., #8 Exhibit G - Siple v. Sullivan, #9 Exhibit H - Burrows v. General Motors Corporation, #10 Exhibit I - EID v. Saint-Gobain Abrasives, Inc.) (Dobrowitsky, Catherine)
September 19, 2008 Opinion or Order Filing 77 REPLY to Response re #55 Renewed MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits Exhibit List, #2 Exhibit A - Cash deposition transcript pages, #3 Exhibit B - Mellor deposition transcript pages, #4 Exhibit C - Richardson deposition transcript pages, #5 Exhibit D - Cleary deposition transcript pages, #6 Exhibit E - Fox deposition transcript pages, #7 Exhibit F - Bridgeport v. Chrysalis, #8 Exhibit G - Columbia Pictures v. BenFYSH) (Dobrowitsky, Catherine)
September 18, 2008 Opinion or Order Filing 76 REPLY to Response re #60 MOTION TO EXTEND Discovery by Thirty Days filed by Harry Fox. (Attachments: #1 Exhibit 12 - Barbara Cash Dep.) (Arend, Patrice)
September 18, 2008 Opinion or Order Filing 75 REPLY to Response re #59 MOTION to Disqualify Counsel Miller Canfield filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 13 - Richardson Deposition, #3 Exhibit 14 - National Automatic Sprinkler v Hopper) (Arend, Patrice)
September 15, 2008 Opinion or Order Filing 74 NOTICE of Appearance by Irwin Schwartz on behalf of Riverdeep, Incorporated, LLC. (Schwartz, Irwin)
September 12, 2008 Opinion or Order Filing 73 RESPONSE to #60 MOTION TO EXTEND Discovery by Thirty Days filed by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Plaintiff's Sales Chart, #3 Exhibit B - Cleary Deposition Transcript Excerpts, #4 Exhibit C - Fox Deposition Transcript Excerpts, #5 Exhibit D - Colbath Letter 5/9/07, #6 Exhibit E - Transcript Excerpts from 12/20/07 Hearing, #7 Exhibit F - Email from Dobrowitsky to Colbath, #8 Exhibit G - EEOC v. Chrysler, LLC, #9 Exhibit H - Lewis v. Mt. Morris, #10 Exhibit I - Transcript Excerpts Mellor Deposition) (Dobrowitsky, Catherine)
September 11, 2008 Opinion or Order Filing 72 RESPONSE to #59 MOTION to Disqualify Counsel Miller Canfield filed by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - U.S. v. Aleman, #3 Exhibit B - Gould Investors, L.P. v. Gen Ins. Co.) (Dobrowitsky, Catherine)
September 11, 2008 Opinion or Order Filing 71 RESPONSE to #59 MOTION to Disqualify Counsel Miller Canfield filed by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Elgin v. Kobb, et al, #3 Exhibit B - Pioneer-Standard Electronics, Inc. v. Cap Gemini America, Inc., #4 Exhibit C - El Camino Resources, Ltd. v. Huntington National Bank, #5 Exhibit D - Great Am. Ins. Co. v. Gen. Contractors Constr. Mgmt., #6 Exhibit E - Excerpt of Estelle Cleary Deposition Transcript) (Dobrowitsky, Catherine)
September 10, 2008 Opinion or Order Filing 70 AMENDED NOTICE of hearing on #68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC, #55 Renewed MOTION for Summary Judgment, #58 MOTION for Leave to File First Amended Complaint, #60 MOTION TO EXTEND Discovery by Thirty Days, #59 MOTION to Disqualify Counsel Miller Canfield. Motion Hearing set for 11/6/2008 02:00 PM before District Judge John Corbett O'Meara. (WBar)
September 9, 2008 Opinion or Order Filing 69 REPLY to Response re #58 MOTION for Leave to File First Amended Complaint filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 10 - Email from Barbara Cash, #3 Exhibit 11- Kirsten Mellor Dep., #4 Exhibit 12 - Email from Catherine Dobrowitsky, #5 Exhibit 13 - Dep. of Jeffrey Richardson, #6 Exhibit 14 - Columbia Pictures Industries v. Fysh) (Arend, Patrice)
September 5, 2008 Opinion or Order Filing 68 MOTION for Order FINDING SPOLIATION OF EVIDENCE AND ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT RIVERDEEP, INC. LLC by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Mellor Deposition, #3 Exhibit 2 - Cash Deposition, #4 Exhibit 3 - May 27, 2004 Letter from Fox to Riverdeep, #5 Exhibit 4 - June 9, 2004 Letter from Reilly to Fox, #6 Exhibit 5 - Riverdeep's privilege log, #7 Exhibit 6- Riverdeep's Responses and Objections to Fox's First Request for Production of Documents, #8 Exhibit 7 - August 24, 2004 Email from Yapo to Richardson, #9 Exhibit 8 - 09/20/04 Email from Richardson to Mellor, #10 Exhibit 9 - 03/20/07 Letter from Colbath to Mellor, #11 Exhibit 10 - 04/11/07 Letter from Mellor to Colbath, #12 Exhibit 11 - 05/09/07 Letter from Colbath to Mellor, #13 Exhibit 12 - 07/06/07 Email from Schwartz to Park, #14 Exhibit 13 - 07/17/07 Email from Richardson to Schwartz, #15 Exhibit 14 - unpublished cases) (Arend, Patrice)
September 5, 2008 Opinion or Order Filing 67 DECLARATION by Manny Caixeiro re #66 Response to Motion, filed by Harry Fox (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Barbara Cash Deposition, #3 Exhibit 2- Estelle Cleary Deposition, #4 Exhibit 3 - Harry Fox Deposition, #5 Exhibit 4 - Kirsten Mellor Deposition, #6 Exhibit 5 - Jeffery Richardson Deposition, #7 Exhibit 6 - Photocopy of packaging of Pathways Through Jerusalem, #8 Exhibit 7 - Assignment of Copyright, #9 Exhibit 8 - OEM Agreement, #10 Exhibit 9 - 05/27/04 Letter from Fox to Riverdeep, #11 Exhibit 10 - 06/09/04 Letter from Reilly to Fox, #12 Exhibit 11 - Certificate of Recordation, #13 Exhibit 12 - 08/24/04 email from Yapo to Richardson, #14 Exhibit 13 - 09/20/04 Email from Mellor to Richardson, #15 Exhibit 14 - Packaging of Pathways Through Jerusalem, #16 Exhibit 15 - Front and Back Covers of Manual, #17 Exhibit 16 - webpage for the Biblical Archaeology Society, #18 Exhibit 17 - webpage http://cdbaby.com/cd/ptj, #19 Exhibit 18 - 03/20/2007 Letter from Colbath to Mellor, #20 Exhibit 19 - 03/27/07 Email from Mellor to CD Baby, #21 Exhibit 20 - 04/11/2007 Email from Mellor to Colbath, #22 Exhibit 21 - 05/9/2007 Letter from Colbath to Cash, #23 Exhibit 22 - website http://www.support.broaderbund.com/faq_list?id=389, #24 Exhibit 23 - 07/6/2007 Email from Schwartz to Park, #25 Exhibit 24 - Sales List) (Arend, Patrice)
September 5, 2008 Opinion or Order Filing 66 RESPONSE to #55 Renewed MOTION for Summary Judgment filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Johnson v. Radio City Productions, Inc. case, #3 Exhibit 2 - Columbia Pictures Industries v Fysh case, #4 Exhibit 3 - Chirco v. Gateway Oaks case, #5 Exhibit 4- Smith v. Sears, No. 1:03CV189) (Arend, Patrice)
September 2, 2008 Opinion or Order Filing 65 RESPONSE to #58 MOTION for Leave to File First Amended Complaint filed by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
September 2, 2008 Opinion or Order Filing 64 RESPONSE to #58 MOTION for Leave to File First Amended Complaint filed by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Richardson notes, #3 Exhibit B - Prero 6/24/04 email, #4 Exhibit C - Deposition transcript pages, #5 Exhibit D - Richardson 5/17/07 email, #6 Exhibit E - 12/20/07 hearing transcript pages, #7 Exhibit F - Plaintiff's Rule 26(a) Initial Disclosures, #8 Exhibit G - Initial Disclosures of Cash and C*Ding, #9 Exhibit H - Price v. Annuity Investors Life Insurance Company) (Dobrowitsky, Catherine)
August 29, 2008 Opinion or Order Filing 63 WITNESS LIST by Barbara Cash, C*Ding, LLC (Dobrowitsky, Catherine)
August 29, 2008 Opinion or Order Filing 62 WITNESS LIST by Riverdeep, Incorporated, LLC (Dobrowitsky, Catherine)
August 29, 2008 Opinion or Order Filing 61 WITNESS LIST by Harry Fox (Arend, Patrice)
August 26, 2008 Opinion or Order Filing 60 MOTION TO EXTEND Discovery by Thirty Days by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - August 15, 2008 e-mail from M. Caixeiro, #3 Exhibit 2 - August 21, 2008 letter from C. Dobrowitsky, #4 Exhibit 3 - Riverdeep Supplemental Disclosures, #5 Exhibit 4 - Mellor Deposition, #6 Exhibit 5 - August 4, 2008 Ltr. from I. Schwartz to M. Caixeiro, #7 Exhibit 6 - August 18, 2008 Interrogatories, #8 Exhibit 7 - August 19, 2008 Ltr. from I. Schwartz to M. Caixeiro, #9 Exhibit 8 - Riverdeep, Inc.s Privilege Log, served on August 4, 2008, #10 Exhibit 9 - July 22, 2008 e-mail from C. Dobrowitsky, #11 Exhibit 10 - August 6, 2008 E-mail from I. Schwartz, #12 Exhibit 11 - Hall v. Northwest Airlines) (Arend, Patrice)
August 25, 2008 Opinion or Order Filing 59 MOTION to Disqualify Counsel Miller Canfield by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Licensing Agreement, #3 Exhibit 2 - Kirsten Mellor Dep., #4 Exhibit 3 - Barbara Cash Dep, #5 Exhibit 4 - May 27, 2007 Ltr. from Fox to Riverdeep, #6 Exhibit 5 - June 9, 2008 Ltr. from D. Reilly to Fox, #7 Exhibit 6 - Sept. 9, 2004 email from K. Mellor to J. Richardson, #8 Exhibit 7 - March 20, 2007 Ltr. from P. Colbath to K.Mellor, #9 Exhibit 8 - April 11, 2007 Ltr. from K. Mellor to P. Colbath, #10 Exhibit 9 - Sales Log, #11 Exhibit 20 - July 13, 2007 Email from I. Schwartz to S. Park, #12 Exhibit 11 - Assignment from Cash to C*Ding dated April 30, 2004, #13 Exhibit 12 - El Camino Resources, Inc. v. Huntington Nat'l Bank) (Arend, Patrice)
August 18, 2008 Opinion or Order Set Deadlines as to #58 MOTION for Leave to File First Amended Complaint. Motion Hearing set for 10/2/2008 02:00 PM before District Judge John Corbett O'Meara (WBar)
August 15, 2008 Opinion or Order Filing 58 MOTION for Leave to File First Amended Complaint by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Amended Complaint, #3 Exhibit 2 - Deposition of Mellor, #4 Exhibit 3 - September 20, 2004 Email from K. Mellor to J. Richardson, #5 Exhibit 4 - Deposition of Cash, #6 Exhibit 5 - Email from J. Richardson to I. Schwartz, #7 Exhibit 6 - August 24, 2004 Email from J. Yapo to J. Richardson, #8 Exhibit 7 - Sales List, #9 Exhibit 8 - Wall Street Production Proposal, #10 Exhibit 9 - August 30, 2005 Email from C. Arnold to various WSP personnel) (Arend, Patrice)
August 12, 2008 Opinion or Order Filing 57 NOTICE of hearing on #55 Renewed MOTION for Summary Judgment. Motion Hearing set for 10/2/2008 02:00 PM before District Judge John Corbett O'Meara. (WBar)
August 12, 2008 Opinion or Order Filing 56 DECLARATION by Irwin B. Schwartz re #55 Renewed MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC (Dobrowitsky, Catherine)
August 12, 2008 Opinion or Order Filing 55 Renewed MOTION for Summary Judgment by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 12/20/07 Transcript, #3 Exhibit B - Declaration of Schwartz, #4 Exhibit C - Chrysalis case) (Dobrowitsky, Catherine)
August 7, 2008 Opinion or Order Filing 54 ORDER denying as moot #34 Motion to Compel; granting #38 Motion to Compel; denying #44 Motion for Protective Order and granting #52 Motion for Order - Signed by Magistrate Judge Mona K Majzoub. (LBar)
August 6, 2008 Opinion or Order Minute Entry -Motion Hearing held on 8/6/2008 re #44 MOTION for Protective Order and for Leave to Appear at his Deposition by Remote Means, #38 MOTION to Compel Plaintiff's Deposition, #34 MOTION to Compel the Production of Documents and #52 Emergency MOTION for Order (DENIED) - before Magistrate Judge Mona K Majzoub. Disposition: Taken Under Advisement (Tape #MKM 08/06/08) (LBar)
August 6, 2008 Opinion or Order Filing 53 ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: #52 Emergency MOTION for Order filed by Harry Fox. Signed by District Judge John Corbett O'Meara. (WBar)
August 5, 2008 Opinion or Order Filing 52 Emergency MOTION for Order by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Subpoena of Wall Street Productions, #3 Exhibit B - Subpoena of Jeffrey Richardson, #4 Exhibit C - July 23, 2008 Email from Paula Colbath, #5 Exhibit D - July 29, 2008 Email from Joan Henderson, #6 Exhibit E - July 29, 2008 Email from Kayla Hutton, #7 Exhibit F - July 29, 2008 Email from Jeffrey Richardson, #8 Exhibit G - August 1, 2008 Email from Irwin Schwartz, #9 Exhibit H - August 1, 2008 Email from Manny Caixeiro, #10 Exhibit I - August 5, 2008 Email from Jeffrey Richardson, #11 Exhibit J - August 5, 2008 Email from Manny Caixeiro, #12 Exhibit Ex. K - Email from Irwin Schwartz, #13 Exhibit L - August 5, 2008 Email from Manny Caixeiro, #14 Exhibit M - August 5, 2008 Email from Manny Caixeiro, #15 Exhibit N - August 5, 2008 Email from Manny Caixeiro, #16 Exhibit O - August 5, 2008 Email from Kayla Hutton, #17 Exhibit P - August 5, 2008 Email from Kayla Hutton, #18 Exhibit Q - May 22, 2008 Email from Barbara Cash, #19 Exhibit R - Sept. 20, 2004 Email from Jeffrey Richardson, #20 Exhibit S - Emails from/to Richardson and Schwartz) (Arend, Patrice)
August 5, 2008 Opinion or Order Filing 51 REPLY to Response re #44 MOTION for Protective Order and For Leave To Appear at his Deposition by Remote Means filed by Harry Fox. (Arend, Patrice)
August 1, 2008 Opinion or Order Filing 50 RESPONSE to #44 MOTION for Protective Order and For Leave To Appear at his Deposition by Remote Means, #38 MOTION to Compel Plaintiff's Deposition Combined Response in Opposition to Plaintiff's Motion for Protective Order #44 and Reply in Support of Defendants Cash and C*Ding, LLC's Motion to Compel Plaintiff's Deposition #38 filed by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Dobrowitsky, Catherine)[RESPONSE FILED BY BARBARA CASH, AND C*DING, LLC. ONLY]
July 25, 2008 Opinion or Order Filing 49 STATEMENT of Resolved and Unresolved Issues by Harry Fox, Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC (Dobrowitsky, Catherine)[STATEMENT FILED BY BARBARA CASH, C*DING, LLC ONLY] Modified on 8/4/2008 (PPau).
July 22, 2008 Opinion or Order Filing 98 NOTICE OF FILING transcript. [RE-DOCKETED WITH DOCUMENT IMAGE] (DPer)
July 22, 2008 Opinion or Order Filing 48 Notice of Filing Transcript. # (Ward, S)
July 22, 2008 Opinion or Order Filing 47 TRANSCRIPT of Hearing on Defendant Riverdeep's Motion for Summary Judgment held on December 20, 2007. (Court Reporter/Transcriber: Sheri Ward) (Number of Pages: 22) Redaction Request due 8/12/2008. Redacted Transcript Deadline set for 8/22/2008. Release of Transcript Restriction set for 10/20/2008. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S)
July 22, 2008 Opinion or Order Filing 46 AMENDED NOTICE of hearing on #44 MOTION for Protective Order and for Leave To Appear at his Deposition by Remote Means, #38 MOTION to Compel Plaintiff's Deposition and #34 MOTION to Compel the Production of Documents . JOINT STATEMENT of Resolved/Unresolved Issues due by 7/25/2008 and Motion Hearing set for 8/6/2008 @ 02:30 PM before Magistrate Judge Mona K Majzoub. (LBar)
July 22, 2008 Opinion or Order Set Deadlines as to #44 MOTION for Protective Order and for Leave To Appear at his Deposition by Remote Means, #34 MOTION to Compel the Production of Documents and #38 MOTION to Compel Plaintiff's Deposition. JOINT STATEMENT of Resolved/Unresolved Issues due by 7/25/2008 and Motion Hearing set for 8/6/2008 02:30 PM before Magistrate Judge Mona K Majzoub (LBar)
July 21, 2008 Opinion or Order Filing 45 ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: #44 MOTION for Protective Order and For Leave To Appear at his Deposition by Remote Means filed by Harry Fox. (WBar)
July 18, 2008 Opinion or Order Filing 44 MOTION for Protective Order and For Leave To Appear at his Deposition by Remote Means by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 04/08/2008 Email from Miller to Gaffin et al, #3 Exhibit 2 - 05/07/2008 Email from Miller to Gaffin, #4 Exhibit 3 - 05/09/2008 Email from Gaffin to Miller, #5 Exhibit 4 - 05/21/2008 Email from Monteiro to Dobrowitsky, #6 Exhibit 5 - 05/21/2008 Email from Monteiro to Dobrowitsky, #7 Exhibit 6 - 06/10/08 Notice of Deposition to Mr. Fox, #8 Exhibit 7 - Anguile v. Gerhart case, #9 Exhibit 8 - Bachman v. Anthony Pihno case, #10 Exhibit 9 - Center Gulf Lines, Inc. case) (Arend, Patrice)
July 18, 2008 Opinion or Order Filing 43 RESPONSE to #38 MOTION to Compel Plaintiff's Deposition filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - 04/21/2008 Notice of Deposition of Riverside by Fox, #3 Exhibit 2 - 07/14/2008 Email from Gaffin to Colbath et al, #4 Exhibit 3 - 05/17/07 Email from Richardson to Colbath, #5 Exhibit 4 - 05/22/07 Email from Cash to Colbath, #6 Exhibit 5 - 07/08/08 Email from Dobrowitsky to Monteiro et al., #7 Exhibit 6 - 07/01/08 Email from Dobrowitsky to Monteiro, #8 Exhibit 7 - 07/01/08 Email from Monteiro to Dobrowitsky, #9 Exhibit 8 - 07/14/09 Dep. Notice of Barbara Cash by Fox, #10 Exhibit 9 - 07/14/08 Dep. Notice of Riverdeep, #11 Exhibit 10 - 07/16/08 Email from Schwartz to Caixeiro et al., #12 Exhibit 11 - 07/17/08 Email from Caixeiro to Schwartz et al., #13 Exhibit 12 - Anguile v. Gerhart case, #14 Exhibit 13 - Bachman v. Anthony Pihno case, #15 Exhibit 14 - Center Gulf Lines, Inc. case, #16 Exhibit 15 - Diabetes Center of America v. Heathpia case, #17 Exhibit 16 - City of Ecorse v. U.S. Steel case) (Arend, Patrice)
July 15, 2008 Opinion or Order Filing 42 NOTICE of hearing on #38 MOTION to Compel Plaintiff's Deposition and #34 MOTION to Compel Production of Documents . JOINT STATEMENT of Resolved/Unresolved Issues due by 7/25/2008 and Motion Hearing set for 8/6/2008 @ 02:30 PM before Magistrate Judge Mona K Majzoub. (LBar)
July 15, 2008 Opinion or Order Set Deadlines as to #34 MOTION to Compel Production of Documents and #38 MOTION to Compel Plaintiff's Deposition. JOINT STATEMENT of Resolved/Unresolved Issues due by 7/25/2008 and Motion Hearing set for 8/6/2008 @ 02:30 PM before Magistrate Judge Mona K Majzoub (LBar)
July 14, 2008 Opinion or Order Filing 41 ORDER re #40 Stipulation Adjourning Motion Hearing - Signed by Magistrate Judge Mona K Majzoub. (LBar)
July 14, 2008 Opinion or Order Reset Deadlines as to #34 MOTION to Compel the Production of Documents. JOINT STATEMENT of Resolved/Unresolved Issues due by 7/25/2008 and Motion Hearing set for 8/6/2008 @ 02:30 PM before Magistrate Judge Mona K Majzoub (LBar)
July 7, 2008 Opinion or Order Filing 40 STIPULATION re #34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC by Barbara Cash, C*Ding, LLC (Dobrowitsky, Catherine)
July 2, 2008 Opinion or Order Filing 39 ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: #38 MOTION to Compel Plaintiff's Deposition filed by C*Ding, LLC, Barbara Cash. Signed by District Judge John Corbett O'Meara. (WBar)
July 1, 2008 Opinion or Order Filing 38 MOTION to Compel Plaintiff's Deposition by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 4/4/08 Notice of Taking Deposition, #3 Exhibit B - 4/18/08 Email, #4 Exhibit C - 4/18/08 Email, #5 Exhibit D - 4/21/08 Notice of Taking Deposition, #6 Exhibit 4/25/08 Email, #7 Exhibit F - 5/5/08 Email, #8 Exhibit G - 5/7/08 Email, #9 Exhibit H - 5/9/08 Email, #10 Index of Exhibits I - 5/12/08 Email, #11 Exhibit J - 5/19/08 Email, #12 Exhibit 5/21/08 Email, #13 Exhibit L - 5/21/08 Notice of Taking Deposition, #14 Exhibit M - 5/30/08 Email, #15 Exhibit N - 6/10/08 Notice of Taking Deposition, #16 Exhibit O - 6/24/08 Transcript of Fox's deposition) (Dobrowitsky, Catherine)
June 24, 2008 Opinion or Order Filing 37 RESPONSE to #34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC filed by Harry Fox. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - June 13, 2008 letter from Monteiro to Gaffin and Schwartz, #3 Exhibit 2 - une 10, 2008 Letter from Monteiro to Dobrowitsky, #4 Exhibit 3 - June 13, 2008 Email from Monteiro to Dobrowitsky, #5 Exhibit 4 - June 24, 2008 Email from Monteiro to Dobrowitsky, #6 Exhibit 5 - Cotton v. Burt, #7 Exhibit 6 - Cotton v. Sassak, #8 Exhibit 7 - Washington v. Randall Owens) (Arend, Patrice)
June 18, 2008 Opinion or Order Filing 36 NOTICE of hearing on #34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC. Response due by 6/24/2008. Joint Statement of Resolved/Unresolved Issues due by 7/7/2008. Motion Hearing set for 7/14/2008 2:30 PM before Magistrate Judge Mona K Majzoub. (DOpa)
June 18, 2008 Opinion or Order Set Deadlines as to #34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC. Response due by 6/24/2008. Joint Statement of Resolved/Unresolved Issues due by 7/7/2008. Motion Hearing set for 7/14/2008 2:30 PM before Magistrate Judge Mona K Majzoub. (DOpa)
June 12, 2008 Opinion or Order Filing 35 ORDER REFERRING MOTION to Magistrate Judge Mona K Majzoub: #34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC Signed by District Judge John Corbett O'Meara. (WBar)
June 10, 2008 Opinion or Order Filing 34 MOTION to Compel the Production of Documents by Defendants Barbara Cash and C*Ding, LLC by Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits Exhibit List, #2 Exhibit A - First Interrogatories/Document Requests, #3 Exhibit B - April 4, 2008 letter and Notice of Taking Deposition, #4 Exhibit C - Harry Fox's Responses and Objections, #5 Exhibit D - May 23, 2008 email, #6 Exhibit E - May 30, 2008 email) (Dobrowitsky, Catherine)
June 9, 2008 Opinion or Order Minute Entry -Telephone Conference held on 6/9/2008. (WBar)
May 27, 2008 Opinion or Order Filing 33 ORDER Granting #32 Emergency MOTION to Adjourn. Telephone Status Conference reset for 6/9/2008 02:30 PM before District Judge John Corbett O'Meara) Signed by District Judge John Corbett O'Meara. (WBar)
May 23, 2008 Opinion or Order Filing 32 Emergency MOTION to Adjourn #31 Notice to Appear and to Reschedule Status Conference and to Conduct Conference Telephonically by Harry Fox. (Arend, Patrice)
May 2, 2008 Opinion or Order Filing 31 NOTICE TO APPEAR: Status Conference set for 5/28/2008 02:30 PM before District Judge John Corbett O'Meara (WBar)
January 23, 2008 Opinion or Order Filing 30 SCHEDULING ORDER: Final Pretrial Conference set for 4/15/2009 02:00 PM before Honorable John Corbett O'Meara,Dispositive Motion Cut-off set for 1/15/2009,Trailing Trial Docket set for 5/5/2009 Signed by Honorable John Corbett O'Meara. (Refer to image for additional dates) (WBar)
January 23, 2008 Opinion or Order Minute Entry -Scheduling Conference held on 1/23/2008 before Honorable John Corbett O'Meara. (WBar)
January 18, 2008 Opinion or Order Filing 29 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Arend, Patrice)
January 3, 2008 Opinion or Order Filing 28 NOTICE TO APPEAR: Scheduling Conference set for 1/23/2008 10:00 AM before Honorable John Corbett O'Meara (WBar)
January 3, 2008 Opinion or Order Filing 27 ORDER denying #14 Motion for Summary Judgment; denying as moot #16 Motion to Quash. Signed by Honorable John Corbett O'Meara. (WBar)
December 20, 2007 Opinion or Order Minute Entry -Motion Hearing held on 12/20/2007 re #14 MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC, #16 MOTION to Quash filed by Riverdeep, Incorporated, LLC before Honorable John Corbett O'Meara. Disposition: Denied(Court Reporter Sheri Ward) (WBar)
December 18, 2007 Opinion or Order Filing 26 REPLY to Response re #14 MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
December 18, 2007 Opinion or Order Filing 25 MOTION for Leave to File Excess Pages by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits Index of Exhibits#2 Exhibit A - Reply Brief) (Dobrowitsky, Catherine)
December 7, 2007 Opinion or Order Filing 24 AFFIDAVIT of J. Ryan Miller re #23 Response to Motion filed by Harry Fox. (Attachments: #1 Index of Exhibits #2 Exhibit A - Settlement Agreement part 1#3 Exhibit A - Settlement Agreement part 2#4 Exhibit A - settlement agreement part 3#5 Exhibit B - june 9, 2004 letter#6 Exhibit C - March 20, 2007 letter#7 Exhibit D - April 11, 2007 letter#8 Exhibit E -- May 9, 2007 letter#9 Exhibit F - May 17, 2007 Letter#10 Exhibit G - Motion to Quash#11 Exhibit H - Pathway to Jerusalem package#12 Exhibit I - cdbaby.com website#13 Exhibit J - 08/20/2004 Fax#14 Exhibit K _ The Learning Company Website) (Arend, Patrice)
December 7, 2007 Opinion or Order Filing 23 RESPONSE to #14 MOTION for Summary Judgment filed by Harry Fox. (Arend, Patrice)
December 4, 2007 Opinion or Order Filing 22 AMENDED NOTICE of hearing on #14 MOTION for Summary Judgment, #16 MOTION to Quash. Motion Hearing set for 12/20/2007 10:00 AM before Honorable John Corbett O'Meara. (WBar)
December 3, 2007 Opinion or Order Filing 21 STIPULATED ORDER Extending Briefing Schedule as to #14 MOTION for Summary Judgment : Response due by 12/7/2007, Signed by Honorable John Corbett O'Meara. (WBar)
November 20, 2007 Opinion or Order Filing 20 RESPONSE to #16 MOTION to Quash filed by Harry Fox. (Arend, Patrice)
November 20, 2007 Opinion or Order Filing 19 NOTICE of Voluntary Dismissal by Harry Fox as to Learning Company without prejudice (Arend, Patrice)
November 7, 2007 Opinion or Order Filing 18 AMENDED NOTICE of hearing on #14 MOTION for Summary Judgment, #16 MOTION to Quash. Motion Hearing set for 12/13/2007 10:30 AM before Honorable John Corbett O'Meara. (WBar)
November 7, 2007 Opinion or Order Filing 17 STIPULATED ORDER regarding briefing schedule, Signed by Honorable John Corbett O'Meara. (WBar)
October 30, 2007 Opinion or Order Filing 16 MOTION to Quash by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits Exhibit List#2 Exhibit A - Email from J. Ryan Miller) (Dobrowitsky, Catherine)
October 30, 2007 Opinion or Order Filing 15 DECLARATION by Kirsten Mellor re #14 MOTION for Summary Judgment filed by Riverdeep, Incorporated, LLC (Attachments: #1 Index of Exhibits Exhibit List#2 Exhibit A - OEM License Agreement#3 Exhibit B - May 27, 2004 letter to Riverdeep, Inc.) (Dobrowitsky, Catherine)
October 30, 2007 Opinion or Order Filing 14 MOTION for Summary Judgment by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits Exhibit List#2 Exhibit A - Declaration of Mellor) (Dobrowitsky, Catherine)
October 16, 2007 Opinion or Order Filing 13 CERTIFICATE of Service/Summons Returned Executed. Learning Company served on 9/10/2007, answer due 10/1/2007. (Arend, Patrice)
October 16, 2007 Opinion or Order Filing 12 CERTIFICATE of Service/Summons Returned Executed. Riverdeep, Incorporated, LLC served on 9/10/2007, answer due 10/1/2007. (Arend, Patrice)
October 15, 2007 Opinion or Order Filing 11 ANSWER to Complaint with Affirmative Defenses by C*Ding, LLC. (Dobrowitsky, Catherine)
October 15, 2007 Opinion or Order Filing 10 ANSWER to Complaint with Affirmative Defenses by Barbara Cash. (Dobrowitsky, Catherine)
October 15, 2007 Opinion or Order Filing 9 ANSWER to Complaint with Affirmative Defenses by Riverdeep, Incorporated, LLC. (Dobrowitsky, Catherine)
October 15, 2007 Opinion or Order Filing 8 NOTICE of hearing on #7 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, Quash Service. Motion Hearing set for 11/8/2007 09:45 AM before Honorable John Corbett O'Meara. (WBar)
October 1, 2007 Opinion or Order Filing 7 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, Quash Service by Riverdeep, Incorporated, LLC. (Attachments: #1 Index of Exhibits #2 Exhibit A - Summons#3 Exhibit B - Email dated Sept. 21, 2007 from J. Ryan Miller) (Dobrowitsky, Catherine)
September 25, 2007 Opinion or Order Filing 6 STIPULATED ORDER Extending Time to Answer #1 Complaint; Response/Answer due by 10/15/2007, Signed by Honorable John Corbett O'Meara. (WBar)
September 25, 2007 Opinion or Order Filing 5 MOTION for Extension of Time to File Answer re #1 Complaint by Riverdeep, Incorporated, LLC, Barbara Cash, C*Ding, LLC. (Attachments: #1 Index of Exhibits #2 Exhibit A - 9/21/07 Email#3 Exhibit B - Proposed Order) (Dobrowitsky, Catherine)
September 11, 2007 Opinion or Order Filing 4 CERTIFICATE of Service/Summons Returned Executed.. (Arend, Patrice)
September 11, 2007 Opinion or Order Filing 3 CERTIFICATE of Service/Summons Returned Executed.. (Arend, Patrice)
August 28, 2007 Opinion or Order Filing 2 Copyright Report Sent To Washington (PMil)
August 28, 2007 Opinion or Order Filing 1 COMPLAINT filed by Harry Fox against all defendants Receipt No: 561243 - Fee: $ 350. (PMil)

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Search for this case: Fox v. Riverdeep Incorporated, LLC et al
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Plaintiff: Harry Fox
Represented By: Steven A. Siman
Represented By: Kenneth I. Kohn
Represented By: Patrice S. Arend
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Defendant: Riverdeep, Incorporated, LLC
Represented By: Catherine T. Dobrowitsky
Represented By: Irwin Schwartz
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Defendant: Learning Company
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Defendant: Barbara Cash
Represented By: Catherine T. Dobrowitsky
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Defendant: C*Ding, LLC
Represented By: Catherine T. Dobrowitsky
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Defendant: Wall Street Productions, Limited
Represented By: Jeffrey G. Richardson
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