Rigsby et al v. GoDaddy Incorporated et al
| Scott Rigsby Foundation Incorporated and Scott Rigsby |
| Go Daddy Operating Company LLC, GoDaddy Incorporated, Desert Newco LLC and GoDaddy.com LLC |
| 2:2019cv05710 |
| December 2, 2019 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Remark: Pro hac vice motion(s) granted for Harper S Seldin on behalf of Defendants Go Daddy Operating Company LLC, GoDaddy Incorporated, and GoDaddy.com LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
Filing 53
ORDER re #52 Joint Motion to Permit Plaintiffs to File Amended Complaint, Set Briefing Schedule on Anticipated Motion to Dismiss, and Withdraw Motion for Declaratory Judgment and Motion for Summary Judgment without Prejudice: IT IS ORDERED granting the Joint Motion to Permit Plaintiffs to File an Amended Complaint (part of Doc. #52 ). IT IS FURTHER ORDERED denying the Request to Set Briefing Schedule (part of Doc. #52 ). Plaintiffs shall file an Amended Complaint within 14 days of this Order. Answers or other responses to the Amended Complaint are due 30 days thereafter. If any motions are filed, the briefing time shall be set by the local rules. IT IS FURTHER ORDERED denying without prejudice all other pending motions (Docs. #27 , #28 , #33 , #35 , #38 ) as moot. Ordered by Judge Michael T. Liburdi on 1/23/2020. (RMW)
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| Filing 52 *Joint MOTION to Amend COMPLAINT, MOTION to SET BRIEFING SCHEDULE ON ANTICIPATED MOTION TO DISMISS, AND MOTION to WITHDRAW #33 MOTION FOR DECLARATORY JUDGMENT AND #38 MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE by Desert Newco LLC, Go Daddy Operating Company LLC, GoDaddy Incorporated, GoDaddy.com LLC. (Attachments: #1 Text of Proposed Order)(Zecchini, Paula) *Modified to correct event type and to add motions on 1/23/2020 (EJA). |
| Remark: Pro hac vice motion(s) granted for Charles M Dalziel, Jr on behalf of Plaintiffs Scott Rigsby, Scott Rigsby Foundation Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state counsel Jeffrey Monhait, Alycen Moss and Lynnette D Espy-Williams removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 51
ORDER granting #50 Defendants' Unopposed Motion for Extension of Time. The deadlines for Defendants GoDaddy Inc., GoDaddy.com, LLC, Go Daddy Operating Company, LLC, and Desert Newco, LLC to answer or otherwise respond to the Complaint, to respond to Plaintiffs' Motion for Declaratory Judgment (Doc. #33 ), and to respond to Plaintiffs' Motion for Summary Judgement (Doc. #38 ) are extended to 1/27/2020. There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 12/23/2019. (RMW)
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| Filing 50 MOTION for Extension of Time Defendants deadline to respond to the Complaint, Defendants deadline to respond to Plaintiffs Motion for Declaratory Judgment and Defendants deadline to respond to Plaintiffs Motion for Summary Judgment by Desert Newco LLC, Go Daddy Operating Company LLC, GoDaddy Incorporated, GoDaddy.com LLC. (Attachments: #1 Text of Proposed Order)(Zecchini, Paula) |
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Filing 49
ORDER (text only): To clarify the ambiguity in the record regarding the status of the in the alternative motion to dismiss (part of Doc. #20 , IT IS ORDERED that the motion to dismiss (Doc. #20 ) is denied without prejudice. Defendants shall answer or otherwise respond to the complaint by 12/24/2019. If a motion to dismiss is filed, the response and reply filing times shall be governed by the Local Rules. The motions at Docs. #27 , #28 , #33 , and #38 remain pending. Ordered by Judge Michael T. Liburdi on 12/17/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW)
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| Filing 48 STATUS REPORT Joint by Desert Newco LLC, Go Daddy Operating Company LLC, GoDaddy Incorporated, GoDaddy.com LLC. (Zecchini, Paula) |
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Filing 47
ORDER that by Wednesday, 12/11/2019, the parties shall file a joint status report, not to exceed 5 pages, including all information required above. Signed by Judge Michael T Liburdi on 12/5/2019. (MMO)
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Filing 46
ORDER granting #44 Defendants' Unopposed Motion For An Extension of Time to Respond to Plaintiffs' Motion for a Declaratory Judgment and Motion for Summary Judgment. The deadline for Defendants to file a response to Plaintiffs' Motion for a Declaratory Judgment (Doc. #33 ) and Motion for Summary Judgment (Doc. #38 ) is extended to 12/27/2019. There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 12/3/2019. (RMW)
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| Filing 45 NOTICE TO FILER OF DEFICIENCY re: #44 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for a Declaratory Judgment and Motion for Summary Judgment filed by GoDaddy Incorporated, GoDaddy.com LLC, Desert Newco LLC, Go Daddy Operating Company LLC, #43 Notice (Other) filed by GoDaddy Incorporated, GoDaddy.com LLC, Desert Newco LLC, Go Daddy Operating Company LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 44 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for a Declaratory Judgment and Motion for Summary Judgment by Desert Newco LLC, Go Daddy Operating Company LLC, GoDaddy Incorporated, GoDaddy.com LLC. (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 Text of Proposed Order Proposed Order)(Zecchini, Paula) |
| Filing 43 *NOTICE of Appearance by Desert Newco LLC, Go Daddy Operating Company LLC, GoDaddy Incorporated, GoDaddy.com LLC . (Zecchini, Paula) *Modified to correct event type on 12/3/2019 (EJA). |
| Filing 42 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MAP) |
| Filing 41 Letter Regarding Transfer of 1:19-cv-3824-JPB from the Northern District of Georgia. New Case Number: CV-19-5710-PHX-MTL. (MAP) |
| Filing 40 CASE TRANSFERRED IN from District of Georgia Northern; Case Number 1:19-cv-03824 . Original file certified copy of transfer order and docket sheet received |
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Filing 39
ORDER granting #20 Defendant's Motion to Transfer Venue and transferring this action to the United States District Court for the District of Arizona. Signed by Judge J. P. Boulee on 11/25/19. (ddm) [Transferred from gand on 12/2/2019.]
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| Civil Case Terminated. (ddm) [Transferred from gand on 12/2/2019.] |
| Filing 38 First MOTION for Partial Summary Judgment on Count Three for DJ by The Scott Rigsby Foundation, Inc.. (Dalziel, Charles) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- [Transferred from gand on 12/2/2019.] |
| Filing 37 RESPONSE re #36 MOTION to Stay of Briefing Schedule Deny same Grant Extension through December 9 filed by The Scott Rigsby Foundation, Inc.. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 36 MOTION to Stay of Briefing Schedule with Brief In Support by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Text of Proposed Order)(Monhait, Jeffrey) [Transferred from gand on 12/2/2019.] |
| Filing 35 MOTION for Leave to File Sur-Reply with Brief In Support by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Monhait, Jeffrey) [Transferred from gand on 12/2/2019.] |
| Submission of #27 First MOTION for Preliminary Injunction Under GA UDPTA, #28 Emergency MOTION for Hearing, to District Judge J. P. Boulee. (ddm) [Transferred from gand on 12/2/2019.] |
| Filing 34 REPLY BRIEF re #27 First MOTION for Preliminary Injunction Under GA UDPTA filed by Scott Rigsby. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 33 First MOTION Declaratory Judgment Contract Unenforceable by The Scott Rigsby Foundation, Inc.. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Submission of #20 MOTION to Transfer Venue or, in the alternative, MOTION to Dismiss, to District Judge J. P. Boulee. (ddm) [Transferred from gand on 12/2/2019.] |
| Filing 32 RESPONSE in Opposition re #28 Emergency MOTION for Hearing re #27 First MOTION for Preliminary Injunction Under GA UDPTA expedited filed by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Moss, Alycen) [Transferred from gand on 12/2/2019.] |
| Filing 31 RESPONSE in Opposition re #27 First MOTION for Preliminary Injunction Under GA UDPTA filed by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Supplemental Declaration of Jessica Hanyen in Support of Defendants Opposition to Plaintiffs' Motion for a Preliminary Injunction, #2 Exhibit to Supplemental Declaration of Jessica Hanyen in Support of Defendants Opposition to Plaintiffs' Motion for a Preliminary Injunction)(Moss, Alycen) [Transferred from gand on 12/2/2019.] |
| Filing 30 REPLY BRIEF re #20 MOTION to Dismiss MOTION to Transfer Case filed by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Moss, Alycen) [Transferred from gand on 12/2/2019.] |
| Filing 29 NOTICE by The Scott Rigsby Foundation, Inc. of counsel scheduling conflict Nov 4-6 (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
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ORDER: The Court DIRECTS Defendants to file a Response to Plaintiffs' #27 Motion for Preliminary Injunction by Monday, November 4, 2019. Signed by Judge J. P. Boulee on 10/29/19. (bnw) [Transferred from gand on 12/2/2019.]
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| Filing 28 Emergency MOTION for Hearing re #27 First MOTION for Preliminary Injunction Under GA UDPTA expedited by The Scott Rigsby Foundation, Inc.. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 27 First MOTION for Preliminary Injunction Under GA UDPTA by The Scott Rigsby Foundation, Inc.. (Attachments: #1 Exhibit Hanyen Profile statutes)(Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 26 RESPONSE re #20 MOTION to Dismiss MOTION to Transfer Case filed preliminary to Motion for declaratory judgment filed by Scott Rigsby. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Jeffrey M. Monhait Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9005562). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jeffrey Monhait added appearing on behalf of Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC (cdg) [Transferred from gand on 12/2/2019.] |
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ORDER granting #23 Application for Admission Pro Hac Vice. Signed by Judge J. P. Boulee on 10/21/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnw) [Transferred from gand on 12/2/2019.]
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Filing 25
ORDER granting #24 the parties' Stipulated Motion to Extend Time to Respond to Defense Motions. Plaintiffs shall have through and including October 19, 2019, to file their response to Defendants' Motion to Transfer Venue or, in the alternative, Motion to Dismiss. Signed by Judge J. P. Boulee on 10/18/19. (ddm) [Transferred from gand on 12/2/2019.]
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| Filing 24 First MOTION for Extension of Time respond to defense motions re: #20 MOTION to Dismiss and Transfer by Scott Rigsby. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 23 APPLICATION for Admission of Jeffrey M. Monhait Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9005562). Documents for this entry are not available for viewing outside the courthouse.by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Exhibit A - Courts Admitted)(Moss, Alycen) [Transferred from gand on 12/2/2019.] |
| Filing 22 NOTICE of Appearance by Alycen A. Moss on behalf of Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC (Moss, Alycen) [Transferred from gand on 12/2/2019.] |
| RETURN of #19 APPLICATION for Admission of Jeffrey M. Monhait Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8974508). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) [Transferred from gand on 12/2/2019.] |
| Filing 21 Corporate Disclosure Statement by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC identifying Corporate Parent Kohlberg Kravis Roberts & Co. L.P. for Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC.(Espy-Williams, Lynnette) [Transferred from gand on 12/2/2019.] |
| Filing 20 MOTION to Transfer Venue or, in the alternative, MOTION to Dismiss with Brief In Support by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Brief Defendants' Memorandum of Law in Support of Motion to Transfer Venue, or, in the Alternative, Motion to Dismiss, #2 Declaration of Jessica Hanyen in Support of Defendants' Motion to Transfer Venue, or, in the Alternative, Motion to Dismiss, #3 Request for Judicial Notice in Support of Defendants' Motion to Transfer Venue, or, in the Alternative, Motion to Dismiss, #4 Text of Proposed Order)(Espy-Williams, Lynnette) . Added MOTION to Transfer Case on 10/17/2019 (ddm). [Transferred from gand on 12/2/2019.] |
| Filing 19 APPLICATION for Admission of Jeffrey M. Monhait Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8974508). Documents for this entry are not available for viewing outside the courthouse.by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Exhibit Attachment A (List of Courts to which Petitioner Jeffrey Monhait is admitted))(Espy-Williams, Lynnette) [Transferred from gand on 12/2/2019.] |
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Filing 18
ORDER granting the #17 Stipulated Motion for Extension of Time, through October 2, 2019, for Defendants to respond to #1 Plaintiffs' Complaint. Signed by Judge J. P. Boulee on 9/19/19. (ddm) [Transferred from gand on 12/2/2019.]
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| Filing 17 Consent MOTION for Extension of Time to Respond to Complaint by Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion to Extend Time to Respond to Complaint)(Espy-Williams, Lynnette) [Transferred from gand on 12/2/2019.] |
| Filing 16 NOTICE of Appearance by Lynnette D. Espy-Williams on behalf of Desert Newco, LLC, Go Daddy Operating Company, GoDaddy Inc., GoDaddy.com, LLC (Espy-Williams, Lynnette) [Transferred from gand on 12/2/2019.] |
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Filing 15
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 9/12/19. (bnw) [Transferred from gand on 12/2/2019.]
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| Filing 14 AO Form 120 forwarded to Commissioner. (ddm) [Transferred from gand on 12/2/2019.] |
| Filing 13 PROPOSED AO 120 Plaintiffs. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (eop) [Transferred from gand on 12/2/2019.] |
| Filing 12 Return of Service Executed by Scott Rigsby. GoDaddy.com, LLC served on 8/29/2019, answer due 9/19/2019. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 11 Return of Service Executed by Scott Rigsby. Desert Newco, LLC served on 8/28/2019, answer due 9/18/2019. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 10 Return of Service Executed by Scott Rigsby. Go Daddy Operating Company served on 8/28/2019, answer due 9/18/2019. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 9 Return of Service Executed by Scott Rigsby. GoDaddy Inc. served on 8/28/2019, answer due 9/18/2019. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 8 NOTICE by Scott Rigsby Civil Cover Sheet (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 7 Electronic Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(ddm) [Transferred from gand on 12/2/2019.] |
| Filing 6 PROPOSED SUMMONS filed by Scott Rigsby GoDaddy.com, LLC (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 5 PROPOSED SUMMONS filed by Scott Rigsby Desert Newco, LLC (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 4 PROPOSED SUMMONS filed by Scott Rigsby GoDaddy Operating Company, LLC (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 3 PROPOSED SUMMONS filed by Scott Rigsby GoDaddy.com, LLC (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 2 PROPOSED SUMMONS filed by Scott Rigsby GoDaddy Inc. (Dalziel, Charles) [Transferred from gand on 12/2/2019.] |
| Filing 1 COMPLAINT with Jury Demand filed by Scott Rigsby and The Scott Rigsby Foundation, Inc.. (Filing fee $400.00, receipt number AGANDC-8887587) (eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 12/2/2019.] |
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