Mercer Publishing Inc et al v. TestingMom.com LLC et al
Mercer Publishing Inc, Michael Hubbard and Rachel Hubbard |
TestingMom.com LLC, Karen Quinn and Michael McCurdy |
2:2012cv00550 |
April 3, 2012 |
US District Court for the Western District of Washington |
Seattle Office |
King |
James L Robart |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on October 3, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Copy of Order of Dismissal and Copyright Form mailed to Register of Copyrights in DC (MD) |
Filing 65 ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge James L. Robart. (MD) |
Filing 64 ERRATA re #63 MOTIONS IN LIMINE by Defendants Michael McCurdy, TestingMom.com LLC, Counter Claimant Karen Quinn. (Attachments: #1 Motion in Limine, #2 Exhibit C, #3 Exhibit D)(Stratton, Rex) |
Filing 63 MOTIONS IN LIMINE by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order) Noting Date 4/11/2013, (Stratton, Rex) |
Filing 62 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Deborah M. Lodge and Anthony Molloy, III for Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 61 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Lory Lybeck, Benjamin Justus; Def Counsel: Rex Stratton; CR: Kari McGrath; Pretrial Conference held on 4/1/2013. Trial shall begin Monday, April 15, 2013 at 9:00 a.m. The court reviews trial procedures/schedule with counsel. An 8 person jury shall be selected. Each side allowed 11 hours of court time. The court encourages counsel to attend technology training. (CC) |
Filing 60 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Lory Lybeck, Benjamin Justus; Def Counsel: Rex Stratton; CR: Nancy Bauer; Telephone Conference held on 2/21/2013. For the reasons stated on the record, the court grants in part and denies in part the motion to exclude testimony, Dkt. #50.The court strikes the February 25, 2013 trial date.The remainder of the pretrial deadlines remain in place. The trial is set for April 15, 2013, at 1:30 p.m. The plaintiff may retain a rebuttal expert and submit a report by March 15, 2013.Defendant may take the deposition of the expert the week of March 25, 2013.A pretrial conference is scheduled April 1, 2013, at 2:00 p.m. (CC) |
Filing 59 DECLARATION of Benjamin Justus filed by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc re #50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Justus, Benjamin) |
Filing 58 REPLY, filed by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, TO RESPONSE to #50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date (Justus, Benjamin) |
Set/Reset Hearings: A Telephone Conference is scheduled Thursday, February 21, 2013 at 3:00 p.m. before Hon. James L. Robart. The clerk will initiate the call.(CC) |
Filing 57 DECLARATION of Deborah M. Lodge filed by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC re #50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E)(Stratton, Rex) |
Filing 56 ERRATA by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Attachments: #1 Errata, #2 Appendix A, #3 Proposed Order)(Stratton, Rex) |
Filing 55 APPENDIX A to Response Brief by Defendants Michael McCurdy, Karen Quinn, Plaintiff Mercer Publishing Inc. (Stratton, Rex) |
Filing 54 RESPONSE, by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC, to #50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date. (Stratton, Rex) |
Filing 53 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Lory Lybeck, Benjamin Justus; Def Counsel: Rex Stratton, Deborah Lodge, Anthony Molloy; CR: Barry Fanning; Telephone Conference held on 2/15/2013. The court hears from counsel to discuss plaintiffs' motion to exclude testimony, Dkt. #50. The court directs defense counsel to file a response by noon, Tuesday, Feb. 19, 2013 and the reply filed by noon, Thursday, Feb. 21, 2013. Upon review of the motion, the court will either continue the trial date or strike the testimony of Ms. Peters. (CC) |
Filing 52 NOTICE of Intention to Oppose Plaintiffs' Motion ; filed by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 51 DECLARATION of Benjamin Justus filed by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc re #50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Justus, Benjamin) |
Filing 50 MOTION to Exclude Testimony of Marybeth Peters, Motion for Relief from Case Scheduling Order, and Motion for Expedited Hearing Date by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Attachments: #1 Proposed Order) Noting Date 2/15/2013, (Justus, Benjamin) |
Filing 49 ORDER granting #34 Plaintiff's Motion to Quash. Court Denies Mercer's request for sanctions, by Judge James L. Robart.(MD) |
Filing 48 APPENDIX re #46 Trial Brief Appendix D (complete) by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 47 Proposed Jury Instructions by Defendant TestingMom.com LLC (Stratton, Rex) |
Filing 46 TRIAL BRIEF by Defendant TestingMom.com LLC. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C - Part 1, #4 Appendix C - Part 2, #5 Appendix D - Part 1, #6 Appendix E)(Stratton, Rex) |
Filing 45 TRIAL BRIEF by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Justus, Benjamin) |
Filing 44 Proposed Jury Verdict Form by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Justus, Benjamin) |
Filing 43 Proposed Pretrial Order by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC, Counter Claimants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Justus, Benjamin) |
Filing 42 Proposed Jury Instructions by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC, Counter Claimants Michael McCurdy, Karen Quinn, TestingMom.com LLC (Justus, Benjamin) |
Filing 41 Proposed Jury Verdict Form by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 40 ERRATA re #37 Response to Motion to Prohibit Issuance of or Quash Subpoena by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 39 Proposed Voir Dire by Plaintiff Mercer Publishing Inc, Defendant TestingMom.com LLC. (Stratton, Rex) |
Filing 38 DECLARATION of Anthony Molloy III filed by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC re #34 MOTION to Quash or to Prohibit Issuance of Subpoena (Attachments: #1 Exhibit A, #2 Proposed Order)(Stratton, Rex) |
Filing 37 RESPONSE, by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC, to #34 MOTION to Quash or to Prohibit Issuance of Subpoena. (Stratton, Rex) |
Filing 36 ORDER granting #30 Defendants' Motion to allow video testimony, by Judge James L. Robart.(MD) |
Filing 35 DECLARATION of Benjamin Justus filed by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc re #34 MOTION to Quash or to Prohibit Issuance of Subpoena (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Justus, Benjamin) |
Filing 34 MOTION to Quash or to Prohibit Issuance of Subpoena by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Attachments: #1 Proposed Order) Noting Date 2/15/2013, (Justus, Benjamin) |
Filing 33 DECLARATION of Lory R. Lybeck filed by Plaintiffs Rachel Hubbard, Mercer Publishing Inc re #30 MOTION To Perpetuate Testimony of Expert or Allow video presentation at trial (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)(Lybeck, Lory) |
Filing 32 RESPONSE, by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, to #30 MOTION To Perpetuate Testimony of Expert or Allow video presentation at trial . (Lybeck, Lory) |
Filing 31 DECLARATION of Marybeth Peters filed by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC re #30 MOTION To Perpetuate Testimony of Expert or Allow video presentation at trial (Stratton, Rex) |
Filing 30 MOTION To Perpetuate Testimony of Expert or Allow video presentation at trial by Counter Claimant Michael McCurdy, Defendants Karen Quinn, TestingMom.com LLC. (Attachments: #1 Proposed Order) Noting Date 2/8/2013, (Stratton, Rex) |
Filing 29 MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Lory Lybeck, Benjamin Justus; Def Counsel: Rex Stratton; Telephone Conference held on 1/23/2013. Jury trial is scheduled Monday, February 25, 2013 at 1:30 p.m. The court resets the following deadlines: trial briefs, voir dire, jury instructions and pretrial order to be filed by 5:00 p.m., Monday, February 11, 2013. Each side allowed 11 hours of trial time. The time to select a jury shall be split between the parties. The court has been advised of a request to allow an expert witness to participate via video conferencing. Counsel directed to file a motion requesting the witness to participate via video. The motion may be noted on a one week calendar. (CC) |
Filing 28 ORDER re #26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anthony Molloy, III for Michael McCurdy, Karen Quinn, and for TestingMom.com LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 27 ORDER re #25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Deborah M. Lodge for Michael McCurdy, Karen Quinn, and for TestingMom.com LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 26 APPLICATION OF ATTORNEY Anthony Molloy III FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC (Fee Paid) Receipt No. 0981-3083216. (Stratton, Rex) |
Filing 25 APPLICATION OF ATTORNEY Deborah M. Lodge FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC (Fee Paid) Receipt No. 0981-3083203. (Stratton, Rex) |
Set/Reset Hearings: A Telephone Conference is scheduled Wednesday, January 23, 2013 at 2:00 p.m. before Hon. James L. Robart. The clerk will initiate the call.(CC) |
Filing 24 ORDER re (78 in 2:12-cv-00188-JLR) Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anthony Molloy, III for Deepa Rajagopal, and for Smart Cookie Ink, LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS) |
Filing 23 ORDER ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS by Judge James L. Robart; The Court grants in part and denies in part Mercer's #12 Motion to Dismiss. The Court grants Defendants leave to amend the counterclaims. (TF) |
Filing 22 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Mediation shall be completed no later than thirty (30) days prior to the trial date. Jury Trial is set for 2/25/2013 before Judge James L. Robart. Joinder of Parties due by 6/19/2012, Amended Pleadings due by 7/18/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/18/2012, Motions due by 8/17/2012, Discovery completed by 9/17/2012, Dispositive motions due by 10/16/2012, Settlement conference to be held by 11/15/2012, 39.1 mediation to be completed by 12/17/2012, Motions in Limine due by 12/10/2012, Pretrial Order due by 12/26/2012, Pretrial Conference set for 1/3/2013 at 02:00 PM before Judge James L. Robart. Trial briefs to be submitted by 1/7/2013, Proposed voir dire/jury instructions due by 1/7/2013, by Judge James L. Robart. (TF) |
Filing 21 RESPONSE, by Defendant Smart Cookie Ink, LLC, to (17 in 2:12-cv-00188-JLR) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6). (Stratton, Rex) |
Filing 19 ORDER TO CONSOLIDATE with Lead Case Number C12-188JLR for all Pretrial Purposes only. The cases, however, shall maintain separate trial dates. The court Directs the parties to file further documents related to either action in the Lead Case Number C12-188JLR only. Motions terminated: #11 MOTION to Consolidate Cases filed by Karen Quinn, TestingMom.com LLC, Michael McCurdy, by Judge James L. Robart. (MD) |
Filing 18 PROPOSED ORDER (Unsigned) re #12 MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) (Stratton, Rex) |
Filing 17 DECLARATION of Rex B Stratton filed by Defendant TestingMom.com LLC re #12 MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stratton, Rex) |
Filing 16 DECLARATION of Karen Quinn filed by Defendant TestingMom.com LLC re #12 MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stratton, Rex) |
Filing 15 RESPONSE, by Defendant TestingMom.com LLC, to #12 MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6). (Stratton, Rex) |
Filing 14 REPLY, filed by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC, Counter Claimants Michael McCurdy, Karen Quinn, TestingMom.com LLC, TO RESPONSE to #11 MOTION to Consolidate Cases (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stratton, Rex) |
Filing 13 RESPONSE, by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, to #11 MOTION to Consolidate Cases. (Justus, Benjamin) |
Filing 12 MOTION to Dismiss Counterclaims Pursuant to FED. R. CIV. P. 12(b)(6) by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc, Counter Defendants Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Attachments: #1 Proposed Order) Noting Date 6/1/2012, (Justus, Benjamin) |
Filing 11 MOTION to Consolidate Cases by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Attachments: #1 Proposed Order) Noting Date 5/18/2012, (Stratton, Rex) |
Filing 10 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 6/19/2012, FRCP 26f Conference Deadline is 6/5/2012, Initial Disclosure Deadline is 6/19/2012, by Judge James L. Robart. (CC) |
Filing 9 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Stratton, Rex) |
Filing 8 ANSWER to #1 Complaint,, COUNTERCLAIM against plaintiff All Plaintiffs by TestingMom.com LLC, Michael McCurdy, Karen Quinn. (Attachments: #1 Exhibit A)(Stratton, Rex) |
Filing 7 NOTICE of Related Case(s) 2:12-cv-188, by Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 6 NOTICE of Appearance by attorney Rex Bennett Stratton, III on behalf of Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Stratton, Rex) |
Filing 5 ACCEPTANCE OF SERVICE of summons and complaint by counsel Rex B. Stratton on behalf of Defendants Michael McCurdy, Karen Quinn, TestingMom.com LLC on April 5, 2012. (Stratton, Rex) |
Filing 4 Summons electronically Issued as to defendant(s) Michael McCurdy, Karen Quinn, TestingMom.com LLC. (Attachments: #1 Summons-Michael McCurdy, #2 Summons-Karen Quinn)(RE) |
NOTICE TO FILER: COMPLAINT FILED WITHOUT PAYMENT:Complaint was filed with an indication that the filing fee was waived. There is a filing fee of $350 required in Civil cases. Please call the Clerks Office at 206-370-8400 for Seattle cases or 253-882-3800 for Tacoma cases to arrange for payment of filing fee by credit card. If your intent was to file IFP, please file the IFP immediately. Motion for IFP can be located under Complaints and Other Initiating Documents (Note: DO NOT enter a noting date for this motion) Summons will not be issued until the filing fee is paid or if filing IFP, the IFP is granted. Thank you. (RE) |
NOTICE TO FILER: Signatures must comply with Section III (L) of the Electronic Filing Procedures which states that An electronically filed pleading or other document which requires an attorneys signature must have the signors names printed or typed on the line and under all signature lines. In the future, please make sure that all attorneys who will be appearing in a case affix their electronic signature (/s John Doe) on the signature line, as well as typing their name below it. Thank you. (RE) |
Judge James L. Robart added. (RE) |
Filing Fee PAID $ 350.00, receipt number SEA 048256. (RE) |
Filing 3 REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT by Plaintiffs Michael Hubbard, Rachel Hubbard, Mercer Publishing Inc. (Copyright Report sent via US Postal Service to the US Copyright Office)(RE) |
Filing 2 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1.. (Justus, Benjamin) |
Filing 1 COMPLAINT against defendant(s) Michael McCurdy, Karen Quinn, TestingMom.com LLC, filed by Mercer Publishing Inc, Rachel Hubbard, Michael Hubbard. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Civil Cover Sheet, #5 Report on Copyrights (AO Form121))(Justus, Benjamin) (Receipt # SEA 048256) Modified on 4/4/2012 to edit fee payment. (RE) |
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