Whitmill v. Warner Bros. Entertainment Inc. Featured Case

Tattoo artist who created Mike Tyson's facial art sues Warner Brothers over the use of a similar tattoo on actor Ed Helms in the film, "The Hangover 2."

Plaintiff: S. Victor Whitmill
Defendant: Warner Bros. Entertainment Inc.
 
Case Number: 4:2011cv00752
Filed: April 28, 2011
 
Court: Missouri Eastern District Court
Office: St. Louis Office
County: Pulaski
Presiding Judge: Catherine D. Perry
 
Nature of Suit: Copyrights
Cause of Action: 17:101
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
June 22, 2011 60 FINAL REPORT to Commissioner of filing or determination of an action regarding Copyright VA 1-767-704. (CBL)
June 22, 2011 59 Featured Case ORDER OF DISMISSAL. Pursuant to the parties joint motion for dismissal [#54], IT IS HEREBY ORDERED that this case is dismissed with prejudice, each party to bear its own costs and attorneys fees. 54 Signed by Honorable Catherine D. Perry on 6/22/2011. (CBL)
June 21, 2011 58 ADR COMPLIANCE REPORT by Neutral: Richard P. Sher. Date of Conference: 06/17/2011. The parties participated in good faith. The parties achieved a settlement. (BRP)
June 21, 2011 57 REDACTED TRANSCRIPT proceedings of Preliminary Injunction (afternoon session) held on May 23, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber Angela Daley, Telephone number 314-244-7978. 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 it may be obtained through PACER. Redaction Request due 7/12/2011. Redacted Transcript Deadline set for 7/22/2011. Release of Transcript Restriction set for 9/19/2011. (MCB)
June 21, 2011 56 REDACTED TRANSCRIPT proceedings of Preliminary Injunction held on May 24, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber Teri Hopwood, Telephone number 314-244-7988. 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 it may be obtained through PACER. Redaction Request due 7/12/2011. Redacted Transcript Deadline set for 7/22/2011. Release of Transcript Restriction set for 9/19/2011. (MCB)
June 21, 2011 55 REDACTED TRANSCRIPT proceedings of Preliminary Injunction held on May 23, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber Teri Hopwood, Telephone number 314-244-7988. 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 it may be obtained through PACER. Redaction Request due 7/12/2011. Redacted Transcript Deadline set for 7/22/2011. Release of Transcript Restriction set for 9/19/2011. (MCB)
June 21, 2011 54 Joint MOTION to Dismiss Case with Prejudice by Defendant Warner Bros. Entertainment Inc., Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)
June 14, 2011 53 SEALED DOCUMENT re 45 Transcript,, 46 Transcript,, 42 Transcript,, Notice of Intent to Request Redactions by Defendant Warner Bros. Entertainment Inc.. (Attachments: # 1 Statement of Requested Redactions, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(MacDonald, Ann) (the certificate of service states that ecf did the notification but the sealed document was email to the other side by Ann MacDonld) Modified on 6/15/2011 (MCB).
June 8, 2011 Motions terminated: Motion to Expedite [doc. # 47 ] and Motion for Discovery [doc. # 50 ] DENIED pursuant CMO [doc. # 52 ] (KLH)
June 8, 2011 52 CASE MANAGEMENT ORDER. Please refer to order for all deadlines. This case is assigned to Track: 1 (Expedited). Discovery Completion due by 11/4/2011. Dispositive Motions due by 11/14/2011. Jury Trial set for 2/21/2012 08:30 AM in Courtroom 14S before Honorable Catherine D. Perry. Pretrial Compliance due by 2/6/2012. Motion in Limine due by 2/13/2012. IT IS FURTHER ORDERED that plaintiff's emergency motions for an expedited scheduling conference and expedited discovery [## 47 , 50 ] are DENIED. Signed by Honorable Catherine D. Perry on 6/8/11. (KLH)
June 6, 2011 51 RESPONSE to Motion re 47 Emergency MOTION to Expedite Scheduling Conference filed by Defendant Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit 1)(Hemeryck, Sondra)
June 3, 2011 50 Emergency MOTION for Discovery Renewed for Leave to Conduct Limited Discovery on an Expedited Schedule by Plaintiff S. Victor Whitmill. (Attachments: # 1 Exhibit (1) Plaintiff's Expedited Discovery Requests, # 2 Text of Proposed Order)(Gerber, Geoffrey)
June 3, 2011 49 DEMAND for Trial by Jury by Defendant Warner Bros. Entertainment Inc.. (Hemeryck, Sondra)
June 2, 2011 48 Featured Case ORDER IT IS HEREBY ORDERED that the conference pursuant to Rule 16, Fed.R.Civ.P., is reset to Monday, June 6, 2011 at 3:30 p.m. All parties are to appear by telephone. Defendant shall file its proposed scheduling documents by Monday, June 6, 2011 at 12:00 noon. Plaintiffs counsel is responsible for placing the call and having all necessary counsel on the line before contacting my chambers at 314-244-7520. Rule 16 Conference set for 6/6/2011 03:30 PM in Telephone before Honorable Catherine D. Perry.Signed by Honorable Catherine D. Perry on June 2, 2011. (MCB)
June 2, 2011 47 Emergency MOTION to Expedite Scheduling Conference by Plaintiff S. Victor Whitmill. (Attachments: # 1 Exhibit (1) Plaintiff's Proposed Scheduling Plan for Epedited Trial on Request for Permanent Injunction, # 2 Exhibit (2) Defendant's Proposed Scheduling Plan for Consolidated Expedited Trial on All Issues)(Gerber, Geoffrey)
May 24, 2011 46 TRANSCRIPT proceedings of Hearing on Motion for Preliminary Injunction held on May 24, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber T. Hopwood, Telephone number 314-244-7988. 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 it may be obtained through PACER. Redaction Request due 6/14/2011. Redacted Transcript Deadline set for 6/24/2011. Release of Transcript Restriction set for 8/22/2011. (KLH)
May 24, 2011 45 TRANSCRIPT proceedings of Hearing on Motion for Preliminary Injunction (First Session) held on May 23, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber T. Hopwood, Telephone number 314-244-7988. 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 it may be obtained through PACER. Redaction Request due 6/14/2011. Redacted Transcript Deadline set for 6/24/2011. Release of Transcript Restriction set for 8/22/2011. (KLH)
May 24, 2011 44 Exhibit Receipt by Defendant Warner Bros. Entertainment Inc. (re: Exhibits rec'd into evidence from the Preliminary Injunction hearing, including Doc. #29, Exhibit 3 (DVD of Hangover 2) returned this date). (MCB)
May 24, 2011 43 Exhibit Receipt by Plaintiff S. Victor Whitmill (re: preliminary injunction hearing held May 23, 2011). (MCB)
May 24, 2011 42 TRANSCRIPT proceedings of Preliminary Injunction Hearing held on May 23, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber A. Daley, Telephone number 314-244-7978. 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 it may be obtained through PACER. Redaction Request due 6/14/2011. Redacted Transcript Deadline set for 6/24/2011. Release of Transcript Restriction set for 8/22/2011. (KLH)
May 24, 2011 41 Featured Case ORDER. IT IS HEREBY ORDERED that plaintiff's motion for preliminary injunction [# 2 ] is DENIED. IT IS FURTHER ORDERED that a telephone scheduling conference is set for Friday, June 17, 2011 at 10:30 a.m. Plaintiff's counsel is responsible for placing the call and having all necessary counsel on the line. The parties shall submit a joint scheduling plan no later than seven (7) days before the conference. (Joint Scheduling Plan due by 6/10/2011. Telephone Conference set for 6/17/2011 10:30 AM before Honorable Catherine D. Perry). Signed by Honorable Catherine D. Perry on 5/24/11. (KLH)
May 24, 2011 40 Minute and Order. Proceedings held before Honorable Catherine D. Perry: Parties present for the Court's ruling on the preliminary injunction 2 . The Court orally made her ruling on the record. The Court denied 2 Motion for Preliminary Injunction. The court to enter a short order and scheduling order. (Court Reporter T. Hopwood.) (MCB)
May 23, 2011 39 Exhibit List from Preliminary Injunction Hearing held on May 23, 2011. (MCB)
May 23, 2011 38 Witness List from Preliminary Injunction Hearing held on Monday, May 23, 2011. (MCB)
May 23, 2011 37 Minutes and Order. Proceedings held before Honorable Catherine D. Perry: Parties present for hearing on MOTION for Preliminary Injunction filed by S. Victor Whitmill 2 . Motion for leave to file in exces of page limitation and out of time 35 granted by the Court. Testimony heard regarding motion for preliminary injunction 2 . Motion to exclude testimony of David Nimmer 33 discussed and motion sustained by the Court. Arguments heard regarding motion for preliminary injunction 2 . Matter taken under submission. Hearing continue to 5/24/2011 at 9:00 a.m. (Court Reporter T. Hopwood/A. Daley.) (MCB)
May 23, 2011 Featured Case ORDER RECEIPT: (see receipt) Docket No: 32. sent to parties not set up for electronic notification Mon May 23 10:34:57 CDT 2011 (Scheele, Kara)
May 23, 2011 36 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction REDACTED VERSION filed by Plaintiff S. Victor Whitmill. (Salsich, Peter)
May 23, 2011 35 MOTION for Leave to File in Excess of Page Limitation and Out Of Time by Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)
May 23, 2011 34 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Plaintiff S. Victor Whitmill. (Salsich, Peter)
May 23, 2011 33 MOTION to Exclude Testimony and Declaration of Plaintiff's Expert Witness David Nimmer by Plaintiff S. Victor Whitmill. (Salsich, Peter)
May 21, 2011 32 Docket Text ORDER: Re: 27 MOTION for Leave to Appear Pro Hac Vice Clay A. Tillack (Filing fee $100) by Defendant Warner Bros. Entertainment Inc.. (MGK) filed by Warner Bros. Entertainment Inc., 28 MOTION for Leave to Appear Pro Hac Vice Ann H. MacDonald (Filing fee $100) by Defendant Warner Bros. Entertainment Inc.. (MGK) filed by Warner Bros. Entertainment Inc. ; ORDERED GRANTED. Signed by Honorable Catherine D. Perry on 5/21/11. (CDP)
May 20, 2011 Receipt 4644021654 in the amount of $100.00 for PRO HAC VICE on behalf of Ann Helen MacDonald (CCAM)
May 20, 2011 Receipt 4644021653 in the amount of $100.00 for PRO HAC VICE on behalf of Clay A. Tillack (CCAM)
May 20, 2011 31 Verified ANSWER to Complaint by Warner Bros. Entertainment Inc..(Hemeryck, Sondra)
May 20, 2011 30 RESPONSE to Motion re 2 MOTION for Preliminary Injunction filed by Defendant Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit 1 - Schultz Declaration, # 2 Exhibit 2 - Wheeler Declaration, # 3 Exhibit 3 - DVD: The Hangover I, # 4 Exhibit 4 - Kroll Declaration, # 5 Exhibit 5 - Fellman Declaration, # 6 Exhibit 6 - Part 1 - Nimmer Declaration, # 7 Exhibit 6 - Part 2 - Nimmer Declaration)(Sableman, Mark)
May 20, 2011 29 RESPONSE to Motion re 2 MOTION for Preliminary Injunction (Redacted) filed by Defendant Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit 1 - Schultz Declaration (Filed Under Seal), # 2 Exhibit 2 - Wheeler Declaration, # 3 Exhibit 3 - DVD: The Hangover I, # 4 Exhibit 4 - Kroll Declaration (Filed Under Seal), # 5 Exhibit 5 - Fellman Declaration (Filed Under Seal), # 6 Exhibit 6 - Part 1 - Nimmer Declaration, # 7 Exhibit 6 - Part 2 - Nimmer Declaration)(Sableman, Mark) Modified on 5/23/2011 - to file Exhibit 1 under seal per attorney's request (TRC).
May 20, 2011 ***REMARK--attorney Clay Tillack contacted regarding missing certificates of good standing for both himself and Ann H. MacDonald. The certificates will be hand delivered to the Clerk's Office as soon as possible. (MGK)
May 20, 2011 28 MOTION for Leave to Appear Pro Hac Vice Ann H. MacDonald (Filing fee $100) by Defendant Warner Bros. Entertainment Inc.. (MGK) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Admission to the Bar of Illinios and Supreme Court of Missouri) (MCB).
May 20, 2011 27 MOTION for Leave to Appear Pro Hac Vice Clay A. Tillack (Filing fee $100) by Defendant Warner Bros. Entertainment Inc.. (MGK) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Admission to the Bar of Illinois) (MCB).
May 20, 2011 26 Witness List by Defendant Warner Bros. Entertainment Inc.. (Sableman, Mark)
May 20, 2011 25 Witness List by Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)
May 19, 2011 24 AGREED PROTECTIVE ORDER Signed by Honorable Catherine D. Perry on May 19, 2011. (MGK)
May 19, 2011 23 Featured Case ORDER: IT IS HEREBY ORDERED that a hearing on plaintiff's motion for preliminary injunction is set for Monday, May 23, 2011 at 1:30 p.m. in Courtroom 14-South. IT IS FURTHER ORDERED that defendant may file its response to plaintiff's motion for preliminary injunction, not to exceed forty (40) pages, no later than Friday, May 20, 2011. Plaintiff may file any reply, not to exceed twenty (20) pages, no later than 9 a.m. on Monday, May 23, 2011. IT IS FURTHER ORDERED that plaintiff's motion for expedited discovery 5 is denied as moot. ( Motion Hearing set for 5/23/2011 01:30 PM in Courtroom 14S before Honorable Catherine D. Perry.) Signed by Honorable Catherine D. Perry on 05/19/2011. (BRP)
May 18, 2011 22 Docket Text ORDER: Re: 21 Joint MOTION for Protective Order : ORDERED GRANTED; proposed order will be signed and entered separately tomorrow, but is effective immediately. Signed by Honorable Catherine D. Perry on 05/18/11. (CDP)
May 18, 2011 21 Joint MOTION for Protective Order by Defendant Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit A)(Sableman, Mark)
May 10, 2011 20 Featured Case ORDER As discussed with counsel, IT IS HEREBY ORDERED that a telephone scheduling conference is set for 4:00 p.m. on Wednesday, May 18, 2011. Defendants counsel, Frederick J. Sperling, is responsible for placing the call. Telephone Conference set for 5/18/2011 04:00 PM in Telephone before Honorable Catherine D. Perry.Signed by Honorable Catherine D. Perry on May 10, 2011. (MCB)
May 9, 2011 19 TRANSCRIPT proceedings of Telephone Status Conference held on May 4, 2011 before Judge Catherine D. Perry. Court Reporter/Transcriber T. Hopwood, Telephone number 314-244-7988. 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 it may be obtained through PACER. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/9/2011. Release of Transcript Restriction set for 8/8/2011. (KLH)
May 5, 2011 18 Docket Text ORDER: Re: 16 MOTION for Leave to Appear Pro Hac Vice Frederick J. Sperling filed by Warner Bros. Entertainment Inc., 15 MOTION for Leave to Appear Pro Hac Vice Sondra A. Hemeryck filed by Warner Bros. Entertainment Inc.; ORDERED GRANTED. Signed by Honorable Catherine D. Perry on 05/05/2011. (BRP)
May 5, 2011 17 Featured Case ORDER. IT IS HEREBY ORDERED that defendant shall file any motion to disqualify plaintiff's counsel no later than May 10, 2011. Plaintiff shall file any response no later than May 12, 2011. Signed by Honorable Catherine D. Perry on 5/5/11. (KLH)
May 5, 2011 16 MOTION for Leave to Appear Pro Hac Vice Frederick J. Sperling (Filing fee $100 receipt number 0865-2741751)Yes or No - No, by Defendant Warner Bros. Entertainment Inc.. (Sperling, Frederick)
May 5, 2011 15 MOTION for Leave to Appear Pro Hac Vice Sondra A. Hemeryck (Filing fee $100 receipt number 0865-2741721)Yes or No - No, by Defendant Warner Bros. Entertainment Inc.. (Hemeryck, Sondra)
May 4, 2011 14 ENTRY of Appearance by Mark Sableman for Defendant Warner Bros. Entertainment Inc.. (Sableman, Mark)
May 4, 2011 13 Minute Entry for proceedings held before Honorable Catherine D. Perry: Telephone Conference held on 5/4/2011. Counsel heard regarding motion to disqualify Plaintiff's counsel. Court to enter Order regarding schedule this date. (Court Reporter:T. Hopwood.) (FTR Gold: No.) (BRP)
May 3, 2011 12 Featured Case ORDER At the request of counsel, IT IS HEREBY ORDERED that the telephone conference to discuss a schedule for hearing plaintiffs motion for preliminary injunction and conducting any expedited discovery is reset from 11:00 a.m. to 2:30 p.m. tomorrow, Wednesday, May 4, 2011. This conference will be on the record. Plaintiffs counsel is responsible for placing the call and providing notice of this telephone conference to opposing counsel. Telephone Conference reset for 5/4/2011 02:30 PM in Telephone before Honorable Catherine D. Perry.Signed by Honorable Catherine D. Perry on May 3, 2011. (MCB)
May 3, 2011 11 Featured Case ORDER. IT IS HEREBY ORDERED that the Court will hold a telephone conference with counsel tomorrow, Wednesday, May 4, 2011 at 11:00 a.m. to discuss a schedule for hearing plaintiff's motion for preliminary injunction and conducting any expedited discovery. Because no defense counsel has yet entered an appearance, plaintiff's counsel is responsible for placing the call and providing notice of this telephone conference to opposing counsel. (Telephone Conference set for 5/4/2011 11:00 AM before Honorable Catherine D. Perry). Signed by Honorable Catherine D. Perry on 5/3/11. (KLH)
May 2, 2011 10 NOTICE Certificate of Service: by Plaintiff S. Victor Whitmill re 5 MOTION for Discovery Limited and on an Expedited Basis, 4 Memorandum in Support of Motion, 6 Entry of Appearance, 3 Entry of Appearance, 7 Report re:Patent/Trademark/Copyright, 2 MOTION for Preliminary Injunction by hand delivery on April 29, 2011 (Gerber, Geoffrey)
May 2, 2011 9 MEMORANDUM to Clerk Supplementing Civil Action Cover Sheet by Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)
May 2, 2011 8 SUMMONS Returned Executed filed by S. Victor Whitmill. Warner Bros. Entertainment Inc. served on 4/29/2011, answer due 5/20/2011. (Gerber, Geoffrey)
April 29, 2011 Case Opening Notification, 1 summons issued @ 21 days. Disclosure of Corporate Interest to be filed by all corporations.. Judge Assigned: Honorable Catherine D. Perry. (DLT)
April 29, 2011 7 REPORT to Commissioner of the filing of an action. (DLT)
April 29, 2011 6 ENTRY of Appearance by Michael A. Kahn for Plaintiff S. Victor Whitmill. (Kahn, Michael)
April 28, 2011 5 MOTION for Discovery Limited and on an Expedited Basis by Plaintiff S. Victor Whitmill. (Attachments: # 1 Exhibit (A) Expedited Discovery Requests, # 2 Exhibit (B) Proposed Order)(Gerber, Geoffrey)
April 28, 2011 4 MEMORANDUM in Support of Motion re 2 MOTION for Preliminary Injunction filed by Plaintiff S. Victor Whitmill. (Gerber, Geoffrey)
April 28, 2011 3 ENTRY of Appearance by Peter W. Salsich, III for Plaintiff S. Victor Whitmill. (Salsich, Peter)
April 28, 2011 2 MOTION for Preliminary Injunction by Plaintiff S. Victor Whitmill. (Attachments: # 1 Proposed Order)(Gerber, Geoffrey)
April 28, 2011 1 COMPLAINT Verified for Injunctive and Other Relief against defendant Warner Bros. Entertainment Inc. with receipt number 0865-2732665, in the amount of $350 Jury Demand,, filed by S. Victor Whitmill. (Attachments: # 1 Exhibit (1) Creation Photo, # 2 Exhibit (2) Completion Photo, # 3 Exhibit (3) Executed Release Form, # 4 Exhibit (4) Copyrighted Work ID Material, # 5 Exhibit (5) Copyright Registration, # 6 Exhibit (6) Movie Poster, # 7 Civil Cover Sheet, # 8 Original Filing Form, # 9 Notice of Intent to Use Process Server, # 10 Certificate of Disclosure of Corporate Interests, # 11 Summons)(Gerber, Geoffrey) Modified on 4/29/2011 (DLT).

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Plaintiff: S. Victor Whitmill
Represented By: Michael A. Kahn
Represented By: Geoffrey G. Gerber
Represented By: Peter W. Salsich, III
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Defendant: Warner Bros. Entertainment Inc.
Represented By: Sondra A. Hemeryck
Represented By: Ann H. MacDonald
Represented By: Mark Sableman
Represented By: Frederick J. Sperling
Represented By: Clay A. Tillack
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