Marvel Worldwide, Inc. et al v. Kirby et al Featured Case

Plaintiff: Marvel Worldwide, Inc., Marvel Characters, Inc. and MVL Rights, LLC
Defendant: Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby and Susan N. Kirby
 
Case Number: 1:2010cv00141
Filed: January 8, 2010
 
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of State
Referring Judge: Kevin Nathaniel Fox
Presiding Judge: Colleen McMahon
 
Nature of Suit: Copyright
Cause of Action: 28:2201 Declaratory Judgement
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case
Date Filed#Document Text
August 16, 2011 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 84 Memorandum of Law in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 6 Waiver of Service Executed filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 13 Declaration in Support of Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 31 MOTION to Dismiss Counterclaims. filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 76 Memorandum of Law in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 47 Response in Opposition to Motion, filed by Susan N. Kirby, Barbara J. Kirby, 112 Memorandum of Law in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 71 Memorandum of Law in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 73 MOTION for Summary Judgment. filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 32 Memorandum of Law in Support of Motion filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 22 Reply Memorandum of Law in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 90 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 101 Objection (non-motion) filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow. filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 4 Waiver of Service Executed filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 120 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 11 Declaration in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 69 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 91 Declaration in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 121 Memorandum & Opinion, 119 Reply Memorandum of Law in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 43 Order, Set Deadlines/Hearings,, 19 Declaration in Opposition to Motion filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 24 Reply Affidavit in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 23 Reply Affidavit in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 82 Declaration in Opposition to Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 86 Memorandum of Law in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 27 Order on Motion to Dismiss/Lack of Jurisdiction, 55 Endorsed Letter, Set Deadlines/Hearings,, 49 Order on Motion to Dismiss, 98 Counter Statement to Rule 56.1 filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 102 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 10 Memorandum of Law in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 93 Declaration in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 48 Endorsed Letter, 44 Letter, 34 Protective Order, 25 Response in Support of Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 122 Notice (Other) filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 54 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 115 Reply Memorandum of Law in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 100 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 99 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 57 Endorsed Letter, 61 Rule 56.1 Statement filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 45 Declaration in Opposition to Motion filed by Susan N. Kirby, Barbara J. Kirby, 37 Waiver of Service Executed filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 38 Waiver of Service Executed filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 96 Memorandum of Law in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 113 Declaration in Support of Motion,, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 109 Reply Memorandum of Law in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 59 Endorsed Letter, 33 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 53 Memorandum of Law in Support of Motion filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 78 Rule 56.1 Statement filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 85 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 20 Declaration in Opposition to Motion filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 3 Order for Initial Pretrial Conference, 108 Counter Statement to Rule 56.1 filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 64 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 94 Declaration in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 40 Declaration in Support, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 110 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 2 Rule 7.1 Corporate Disclosure Statement filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 41 Endorsed Letter, Set Deadlines/Hearings,, 87 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 60 MOTION for Summary Judgment. filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 42 Endorsed Letter, Set Deadlines,, 72 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 12 Declaration in Support of Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 89 Declaration in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 74 Declaration in Support of Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 9 MOTION to Dismiss for Lack of Jurisdiction. filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 52 MOTION to Strike Jury Demand. filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 83 Counter Statement to Rule 56.1 filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 36 Response in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 95 Memorandum of Law in Opposition to Motion, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 18 Declaration in Opposition to Motion filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 26 Notice of Change of Address filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, 30 Answer to Complaint, Counterclaim, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 92 Declaration in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 106 Endorsed Letter, 28 Case Management Plan, 35 Memorandum of Law in Opposition to Motion filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 65 Declaration in Support of Motion, filed by Marvel Worldwide, Inc., Marvel Characters, Inc., MVL Rights, LLC, The Walt Disney Company, Marvel Entertainment, Inc., 29 Rule 7.1 Corporate Disclosure Statement filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 118 Declaration in Opposition to Motion,, filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, 105 Pretrial Statement filed by Susan N. Kirby, Lisa R. Kirby, Barbara J. Kirby, Neal L. K
August 16, 2011 Transmission of Notice of Appeal to the District Judge re: 124 Notice of Appeal. (tp)
August 16, 2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 124 Notice of Appeal. (tp)
August 15, 2011 124 NOTICE OF APPEAL from 123 Clerk's Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. Filing fee $ 455.00, receipt number 465401014037. (tp)
August 8, 2011 123 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated July 28, 2011, Plaintiffs' motion for summary judgment is granted; defendants' cross-motion for summary judgment is denied; plaintiffs' motion to strike the expert reports of Mark Evanier and John Morrow are granted; plaintiffs' motion to strike the declarations of Sinnitt and Steranko are denied, and judgment is entered is favor of plaintiffs'; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/8/11) (Attachments: # 1 Notice of Right to Appeal)(dt)
August 4, 2011 122 NOTICE of Notice of Change of Firm Name. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi)
July 28, 2011 Transmission to Judgments and Orders Clerk. Transmitted re: 121 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm)
July 28, 2011 121 Featured Case MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' #100581 CROSS MOTION FOR SUMMARY JUDGMENT. For the reasons discussed in this memorandum opinion and order, the Plaintiffs' motion for summary judgment is granted. The Defendants' cross motion for summary judgment is denied. The Docket Clerk is instructed to remove docket entries 60 and 73 from the Court's list of pending motions. Further, the Plaintiffs' motions to strike the expert reports of Mark Evanier and John Morrow are granted. The Docket Clerk is instructed to remove docket entries 67 and 70 from the Court's list of pending motions. Plaintiffs' motion to strike the declarations of Sinnott and Steranko is denied. The Docket Clerk is instructed to remove docket entry 111 from the Court's list of pending motions. The Court will enter judgment in favor of Plaintiffs and close the case. (Signed by Judge Colleen McMahon on 7/28/11) Copies Sent By Chambers via ECF to All Counsel. (rjm) Modified on 7/28/2011 (ajc).
April 29, 2011 120 DECLARATION of Jodi A. Kleinick (Reply) in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kleinick, Jodi)
April 29, 2011 119 REPLY MEMORANDUM OF LAW in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi)
April 22, 2011 118 DECLARATION of Marc Toberoff in Opposition re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Toberoff, Marc)
April 22, 2011 117 MEMORANDUM OF LAW in Opposition re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
April 9, 2011 116 COUNTER STATEMENT TO 78 Rule 56.1 Statement. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
April 8, 2011 115 REPLY MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
April 8, 2011 114 DECLARATION of Marc Toberoff (Reply) in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Toberoff, Marc)
April 8, 2011 113 DECLARATION of Jodi A. Kleinick in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Kleinick, Jodi)
April 8, 2011 112 MEMORANDUM OF LAW in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi)
April 8, 2011 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Kleinick, Jodi)
April 8, 2011 110 DECLARATION of Sabrina A. Perelman (Reply) in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow., 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1)(Quinn, James)
April 8, 2011 109 REPLY MEMORANDUM OF LAW in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow., 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
April 8, 2011 108 COUNTER STATEMENT TO 61 Rule 56.1 Statement. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
April 8, 2011 107 REPLY MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
April 5, 2011 106 ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 4/5/2011 re: Requesting a five page extension of the page limit. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 4/5/2011) (jpo)
April 1, 2011 105 PRETRIAL STATEMENT filed pusruant to paragraph 3.E.ii of the Court's Individual Practices. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc)
April 1, 2011 104 NOTICE of Elements of Claim and Defense. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
March 28, 2011 102 DECLARATION of Marc Toberoff (Part I) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc)
March 26, 2011 101 Objection re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 26, 2011 100 DECLARATION of Marc Toberoff [Redacted]- Original Filed Under Seal in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal), # 3 Exhibit 3 (Filed Under Seal), # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5 (Filed Under Seal), # 6 Exhibit 6 (Filed Under Seal), # 7 Exhibit 7 (Filed Under Seal), # 8 Exhibit 8 (Filed Under Seal), # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10 (Filed Under Seal), # 11 Exhibit 11 (Filed Under Seal), # 12 Exhibit 12 (Filed Under Seal), # 13 Exhibit 13 (Filed Under Seal), # 14 Exhibit 14 (Filed Under Seal), # 15 Exhibit 15 (Filed Under Seal))(Toberoff, Marc)
March 26, 2011 99 DECLARATION of Gene Colan in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal))(Toberoff, Marc)
March 25, 2011 103 SEALED DOCUMENT placed in vault.(nm)
March 25, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Marc Toberoff to RE-FILE Document 95 Memorandum of Law in Opposition to Motion. Use the event type Declaration in Opposition of Motion found under the event list Replies, Opposition and Supporting Documents. REMINDER - Be sure that the word SUPPLEMENTAL is added in front of the word DECLARATION when the document is re-filed. (db)
March 25, 2011 98 COUNTER STATEMENT TO 61 Rule 56.1 Statement. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 97 DECLARATION of Marc Toberoff (Part II) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit FF, # 2 Exhibit GG, # 3 Exhibit HH, # 4 Exhibit II, # 5 Exhibit JJ, # 6 Exhibit KK, # 7 Exhibit LL, # 8 Exhibit MM, # 9 Exhibit NN, # 10 Exhibit OO, # 11 Exhibit PP, # 12 Exhibit QQ, # 13 Exhibit RR, # 14 Exhibit SS, # 15 Exhibit TT, # 16 Exhibit UU, # 17 Exhibit VV, # 18 Exhibit WW, # 19 Exhibit XX, # 20 Exhibit YY, # 21 Exhibit ZZ, # 22 Exhibit AAA, # 23 Exhibit BBB, # 24 Exhibit CCC, # 25 Exhibit DDD, # 26 Exhibit EEE, # 27 Exhibit FFF, # 28 Exhibit GGG, # 29 Exhibit HHH, # 30 Exhibit III, # 31 Exhibit JJJ, # 32 Exhibit KKK, # 33 Exhibit LLL)(Toberoff, Marc)
March 25, 2011 96 MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 95 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc) Modified on 3/28/2011 (db).
March 25, 2011 94 DECLARATION of James Steranko in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 93 DECLARATION of Neal Adams in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 92 DECLARATION of Joe Sinnott in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 91 DECLARATION of Richard Ayers in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 90 DECLARATION of Mark Evanier in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Toberoff, Marc)
March 25, 2011 89 DECLARATION of John Morrow in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B (part 1), # 3 Exhibit B (part 2), # 4 Exhibit B (part 3))(Toberoff, Marc)
March 25, 2011 88 DECLARATION of Mark Evanier in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 87 DECLARATION of Marc Toberoff in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Toberoff, Marc)
March 25, 2011 86 MEMORANDUM OF LAW in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 85 DECLARATION of Marc Toberoff in Opposition re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Toberoff, Marc)
March 25, 2011 84 MEMORANDUM OF LAW in Opposition re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 25, 2011 83 COUNTER STATEMENT TO 78 Rule 56.1 Statement. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Quinn, James)
March 25, 2011 82 DECLARATION of Randi W. Singer (Supplemental) in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit 58, # 2 Exhibit 59, # 3 Exhibit 60, # 4 Exhibit 61, # 5 Exhibit 62, # 6 Exhibit 63)(Quinn, James)
March 25, 2011 81 MEMORANDUM OF LAW in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Quinn, James)
March 9, 2011 80 Featured Case STIPULATION AND ORDER, that 1. Defendants' oppositions to Plaintiffs' Motions to Exclude must be filed and served on or before March 25, 2011; and 2. Plaintiffs' reply briefs in further support of their Motions to Exclude must be filed and served on or before April 8, 2011. ( Responses due by 3/25/2011, Replies due by 4/8/2011.) (Signed by Judge Colleen McMahon on 3/9/11) (pl) Modified on 3/9/2011 (pl).
February 28, 2011 79 DECLARATION OF RANDI W. SINGER IN SUPPORT OF PLAINTIFFS' AND COUNTERCLAIM-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (with accompanying CD with Exhibit 11). Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.***Accepted for filing by the Honorable Colleen McMahon on 2/18/11, document number 59.(mro)
February 25, 2011 78 RULE 56.1 STATEMENT. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
February 25, 2011 77 DECLARATION of Marc Toberoff in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc)
February 25, 2011 76 MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
February 25, 2011 75 DECLARATION of John Morrow in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B (part one), # 3 Exhibit B (part two), # 4 Exhibit B (part three))(Toberoff, Marc)
February 25, 2011 74 DECLARATION of Mark Evanier in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit)(Toberoff, Marc)
February 25, 2011 73 MOTION for Summary Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc)
February 25, 2011 72 DECLARATION of David Fleischer in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fleischer, David)
February 25, 2011 71 MEMORANDUM OF LAW in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Fleischer, David)
February 25, 2011 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Fleischer, David)
February 25, 2011 69 DECLARATION of Sabrina A. Perelman in Support re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Quinn, James)
February 25, 2011 68 MEMORANDUM OF LAW in Support re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
February 25, 2011 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Quinn, James)
February 25, 2011 66 DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41-1, # 12 Exhibit 41-2, # 13 Exhibit 42, # 14 Exhibit 43, # 15 Exhibit 44, # 16 Exhibit 45, # 17 Exhibit 46, # 18 Exhibit 47, # 19 Exhibit 48, # 20 Exhibit 49, # 21 Exhibit 50, # 22 Exhibit 51, # 23 Exhibit 52, # 24 Exhibit 53, # 25 Exhibit 54, # 26 Exhibit 55, # 27 Exhibit 56, # 28 Exhibit 57)(Quinn, James)
February 25, 2011 65 DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16-1, # 17 Exhibit 16-2, # 18 Exhibit 16-3, # 19 Exhibit 16-4, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Quinn, James)
February 25, 2011 64 DECLARATION of Eli Bard in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 1-4, # 5 Exhibit 1-5, # 6 Exhibit 1-6, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7)(Quinn, James)
February 25, 2011 63 SEALED DOCUMENT placed in vault.(mps)
February 25, 2011 62 MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
February 25, 2011 61 RULE 56.1 STATEMENT. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James)
February 25, 2011 60 MOTION for Summary Judgment. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Quinn, James)
February 18, 2011 59 ENDORSED LETTER: addressed to Judge Colleen McMahon from Randi W. Singer dated 2/18/2011 re: Counsel for Marvel request permission to file a non compatible disc with the Clerk of Court by conventional means. So Ordered. ENDORSEMENT: OK. So Ordered. (Signed by Judge Colleen McMahon on 2/18/2011) (js)
February 16, 2011 58 Featured Case STIPULATION & ORDER: 1. All of Marvel's claims and Defendants' remaining counterclaim in the action will be tried to the Court without a jury. 2. Marvel's January 28, 2011 motion to strike Defendants' jury demand is withdrawn as moot. 3. Marvel waives any and all claims to any costs or legal fees associated with its motion to strike Defendants' jury demand. SO ORDERED. (Signed by Judge Colleen McMahon on 2/16/2011) (lnl)
February 7, 2011 57 ENDORSED LETTER addressed to Judge Colleen McMahon from James W. Quinn, dated 2/2/2011, re: Counsel for Plaintiffs Marvel Worldwide, Inc., Marvel Characters, Inc and MVL Rights, LLC, together with counsel for the Defendants, write to request a brief postponement of the deadline for the parties to submit their Joint Pretrial Order and accompanying pretrial materials until forty-five (45) days after the jury demand issue is resolved, whether by consent or decision. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 2/7/2011) (lnl)
February 2, 2011 56 NOTICE OF CHANGE OF ADDRESS by David Fleischer on behalf of MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. New Address: Haynes and Boone, LLP, 30 Rockefeller Plaza, 26th Floor, New York, New York, USA 10112, 212-659-7300. (Fleischer, David)
January 31, 2011 55 ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 1/28/2011 re: Requesting a two week extension of the February 11, 2011 deadline for the parties to file summary judgment motions. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 1/31/2011) (jpo)
January 28, 2011 54 DECLARATION of Jodi A. Kleinick in Support re: 52 MOTION to Strike Jury Demand.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kleinick, Jodi)
January 28, 2011 53 MEMORANDUM OF LAW in Support re: 52 MOTION to Strike Jury Demand.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi)
January 28, 2011 52 MOTION to Strike Jury Demand. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Kleinick, Jodi)
January 26, 2011 51 ENDORSED LETTER addressed to Judge Collen McMahon from James W. Quinn dated 1/25/2011 re: Counsel request a brief telephonic conference to get the Court's guidance as to how Your Honor would like counsel to proceed. The parties respectfully request the opportunity to address and resolve the jury trial issue before preparing their pretrial order. ENDORSEMENT: Did you move to strike the jury demand? If not, why should I deal with them now?. (Signed by Judge Colleen McMahon on 1/26/2011) (jfe)
January 24, 2011 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 1/24/2011. (mro)
December 6, 2010 50 ANSWER to Counterclaim. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Quinn, James)
November 22, 2010 49 Featured Case DECISION AND ORDER GRANTING IN PART AND DENYING IN PART COUNTERCLAIM-DEFENDANTS' MOTION TO DISMISS granting in part and denying in part 31 Motion to Dismiss. Granted as to Counterclaim-Plaintiffs' second, third, fourth, and fifth counterclaims. Counterclaim-Defendants' motion to dismiss the first counterclaim is denied. Counterclaim-Defendants' motion to dismiss The Walt Disney Company and Marvel Entertainment, Inc as Counterclaim-Defendants is also denied. (Signed by Judge Colleen McMahon on 11/19/10) Copies Sent By Chambers By ECF. (cd)
November 15, 2010 48 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Marc Toberoff dated 11/14/10 re: We respectfully ask this Court to clarify that while it ordered that Mr. Evanier could be separately deposed as a "fact witness" and an expert witness, Mr. Evanier should not be required to be deposed for more than seven hours in total per F.R.C.P. 30(d)(1). ENDORSEMENT: Fed. R. Civ. P. 30 (d)(1) speaks to the number and presumptive length of each deposition ("... a deposition is limited to 1 day of 7 hours"); Accordingly, a deponent who participates in a litigation in different capacities, for example, in an individual capacity and as a corporate representative (See Fed. R. Civ. P. 30(b)(6)), might testify at more than one deposition proceeding. In such a circumstance, each deposition would be governed by Fed. R. Civ. P. 30(d)(1). Therefore, the December 6, 2010 expert witness deposition is limited to one day of seven hours. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/15/10) (rjm)
November 5, 2010 47 RESPONSE in Opposition re: 31 MOTION to Dismiss Counterclaims. and Objection to the Declaration of James W. Quinn. Document filed by Barbara J. Kirby, Susan N. Kirby. (Attachments: # 1 Declaration of Marc Toberoff)(Toberoff, Marc)
November 5, 2010 46 DECLARATION of James W. Quinn in Opposition to Declaration of Marc Toberoff. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Quinn, James)
November 4, 2010 45 DECLARATION of Marc Toberoff, Esq. in Opposition re: 31 MOTION to Dismiss Counterclaims.. Document filed by Barbara J. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A)(Toberoff, Marc)
November 3, 2010 44 Letter addressed to To all counsel in Marvel Worldwide, Inc., et. al. v. Lisa R. Kirby, et. al., (10cv141) from Judge Colleen McMahon dated 11/3/2010 re: In their Answer and Counterclaims, the Kirbys allege that Marvel and Jack Kirby entered into an agreement on October 31, 1986, whereby Marvel agreed to return to Kirby all of his original artwork still in Marvel's possession or control. The contract is discussed in the Kirbys' fourth counterclaim and is the basis for the Kirbys' breach-of-contract claim. The contract is not attached to the Kirbys' Answer, and I could not find it in any of the parties' filings. Because the agreement is relied on by the Kirbys in asserting their counterclaim, I ask that either party produce to the Court a copy of the 1986 contract. (jpo)
October 14, 2010 43 Featured Case ORDER: The plaintiffs request to: (i) depose Evanier as a fact witness, on November 9, 2010, in Los Angeles, California; and (ii) depose Evanier as an expert witness, on December 6, 2010, in Los Angeles, California, is granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/13/2010) (jfe)
September 27, 2010 42 ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Randi W. Singer dated 9/22/10 re: counsel for plaintiff and Mr. John Romita, Sr. respectfully request that the Court order that the deposition of John Romita, Sr. take place at 9:30 am on October 21 and, if necessary, continue on October 22, 2010 at the Garden City Hotel, 45 Seventh Street, Garden City, NY 11530. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/27/10) (pl)
September 22, 2010 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 9/22/2010. Date for deposition of non-party witness fixed. (mro)
September 7, 2010 41 ENDORSED LETTER addressed to Judge Colleen McMahon from David Fleischer dated 9/1/2010 re: Plaintiffs respectfully submit that Mr. Toberoff's supplemental declaration should have no effect on plaintiffs' pending motion to dismiss defendants' counterclaims. ENDORSEMENT: I can sort out the relevance of all this when I decide the motion. I will accept the supplemental declaration but if it is irrelevant I will pay it no mind. (Signed by Judge Colleen McMahon on 9/6/2010) (jpo)
June 21, 2010 40 DECLARATION of James W. Quinn in Support re: 39 Reply Memorandum of Law in Support of Motion. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Quinn, James)
June 21, 2010 39 REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
June 11, 2010 38 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. The Walt Disney Company waiver sent on 5/6/2010, answer due 7/6/2010. Document filed by Lisa R. Kirby; Barbara J. Kirby; Neal L. Kirby; Susan N. Kirby. (Toberoff, Marc)
June 11, 2010 37 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. Marvel Entertainment, Inc. waiver sent on 5/6/2010, answer due 7/6/2010. Document filed by Lisa R. Kirby; Barbara J. Kirby; Neal L. Kirby; Susan N. Kirby. (Toberoff, Marc)
June 10, 2010 36 Featured Case RESPONSE in Opposition re: 31 MOTION to Dismiss Counterclaims. Defendants' Objection to the Declaration of Eli Bard. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
June 10, 2010 35 Featured Case MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Counterclaims.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
June 2, 2010 34 Featured Case STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: The Court agrees to this order in order to facilitate discovery. The parties must understand that the Court reserves the right to conclude that the part under materials designated "confidential" are in fact nothing of the sort and to "declassify" any document in any decision or at any trial of this matter unless a party can demonstrate to the Court's satisfaction why it should remain on public issues. So Ordered (Signed by Judge Colleen McMahon on 6/2/2010) (js)
May 24, 2010 33 Featured Case DECLARATION of Eli Bard in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (1 of 3), # 3 Exhibit B (2 of 3), # 4 Exhibit B (3 of 3), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Quinn, James)
May 24, 2010 32 Featured Case MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
May 24, 2010 31 Featured Case MOTION to Dismiss Counterclaims. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc..(Quinn, James)
April 28, 2010 30 Featured Case ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc)
April 28, 2010 29 Featured Case RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc)
April 2, 2010 21 Featured Case CALENDAR NOTICE TIME CHANGE Rule (16) Conference set for 4/16/2010 at 02:45 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/2/10) (cd)
March 26, 2010 20 Featured Case DECLARATION of James W. Quinn in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
March 26, 2010 19 Featured Case DECLARATION of Eli Bard in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
March 26, 2010 18 Featured Case DECLARATION of Alan N. Braverman in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
March 26, 2010 17 Featured Case MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James)
March 26, 2010 16 Featured Case ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 3/25/2010 re: Counsel for Defendants write to request a brief extension until 4/7/2010 of the time for defendants to serve their reply to plaintiffs' Opposition to Motion to Dismiss. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 3/26/2010) (tro)
March 22, 2010 Featured Case Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Discovery Hearing held on 3/22/2010 re: deposition of Mr. lee. Deposition need not go forward prior to the parties' conference w/ the assigned district judge. (tro)
March 19, 2010 15 Featured Case ORDER. IT IS HEREBY ORDERED that a telephonic conference will be held in the above-captioned action on March 22, 2010, at 3:30 p.m. The telephonic conference shall be initiated by counsel to the defendants to (212) 805-6705. (Telephone Conference set for 3/22/2010 at 03:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/18/10) (rjm)
March 15, 2010 14 Featured Case ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (including discovery) discovery dispute. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Colleen McMahon on 3/15/2010) (jar)
March 9, 2010 13 Featured Case DECLARATION of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toberoff, Marc)
March 9, 2010 12 Featured Case DECLARATION of Neal L. Kirby in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 9, 2010 11 Featured Case DECLARATION of Lisa R. Kirby in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 9, 2010 10 Featured Case MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc)
March 9, 2010 9 Featured Case MOTION to Dismiss for Lack of Jurisdiction. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc)
February 19, 2010 8 Featured Case ENDORSED LETTER: addressed to Judge Colleen McMahon from James W. Quinn dated 2/18/2010 re: In light of the inability to reach agreement on this matter, Plaintiffs request a conference with Your Honor so that this case may proceed as expeditiously as possible. While the Order currently provides for a conference on April 16, 2010 Plaintiffs request that a conference be held on a date at Your Honor's earliest in advance of April 16. ENDORSEMENT: Since you can"t agree, Come in for a conference as scheduled do not send me long letters. So Ordered. (Signed by Judge Colleen McMahon on 2/19/2010) (js)
February 5, 2010 7 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. Barbara J. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David)
February 5, 2010 6 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. Susan N. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David)
February 5, 2010 5 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. Neal L. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David)
February 5, 2010 4 Featured Case WAIVER OF SERVICE RETURNED EXECUTED. Lisa R. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David)
January 19, 2010 3 Featured Case ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 4/23/2010 at 09:45 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2010) (tve)
January 8, 2010 Featured Case Mailed notice to Register of Copyrights to report the filing of this action. (ama)
January 8, 2010 2 Featured Case RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Walt Disney Company as Corporate Parent. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.(ama)
January 8, 2010 Featured Case Case Designated ECF. (ama)
January 8, 2010 Featured Case Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)
January 8, 2010 Featured Case SUMMONS ISSUED as to Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (ama)
January 8, 2010 1 Featured Case COMPLAINT against Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Filing Fee $ 350.00, Receipt Number 890821)Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.(ama)

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Plaintiff: Marvel Worldwide, Inc.
Represented By: Randi Wolkenbreit Singer
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Plaintiff: Marvel Characters, Inc.
Represented By: Randi Wolkenbreit Singer
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Plaintiff: MVL Rights, LLC
Represented By: Randi Wolkenbreit Singer
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Defendant: Lisa R. Kirby
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Defendant: Barbara J. Kirby
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Defendant: Neal L. Kirby
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Defendant: Susan N. Kirby
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