Indie Caps LLC v. Ackerman et al
Plaintiff: Indie Caps LLC
Defendant: Thomas P Ackerman, Harvey Mackler and Vayiheor LLC a Florida limited liability company doing business as Gemphire LLC
Case Number: 2:2020cv01970
Filed: October 9, 2020
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Nature of Suit: Property Rights: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2020 Opinion or Order Filing 23 ORDER: Before the Court is the Stipulation to Extend the Deadline for Defendants Mackler and Vayiheor to File Responsive Pleading (Second Request) (Doc. #22 ). Upon review, IT IS ORDERED denying the Stipulation (Doc. #22 ). ORDERED by Judge Diane J Humetewa on 12/4/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
December 2, 2020 Filing 22 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Harvey Mackler, Vayiheor LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Armstrong, James) *Modified to correct event and add additional filer on 12/3/2020 (REK).
November 25, 2020 Opinion or Order Filing 21 ORDER: For good cause showing, IT IS ORDERED that Defendant Ackerman's Notice of Stipulation and Motion to Extend Deadline to Answer (Doc. #20 ) is GRANTED. Defendant Ackerman shall Answer or respond to the Complaint no later than December 18, 2020. ORDERED by Judge Diane J Humetewa on 11/25/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
November 24, 2020 Filing 20 First MOTION for Extension of Time to File Answer by Thomas P Ackerman. (Bradford, Jeffrey)
November 2, 2020 Opinion or Order Filing 19 ORDER: Plaintiff having complied with the Court's Order (Doc. #12 ) and filed its response thereto, IT IS ORDERED discharging the Order to Show Cause. ORDERED by Judge Diane J Humetewa on 11/2/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
November 2, 2020 Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re: #12 Order to Show Cause by Plaintiff Indie Caps LLC. (McKay, Michael)
October 30, 2020 Filing 17 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Indie Caps LLC. (McKay, Michael)
October 30, 2020 Filing 16 *Corporate Disclosure Statement by Vayiheor LLC. (Armstrong, James) *Modified to correct filer on 11/2/2020 (REK).
October 30, 2020 Filing 15 *SERVICE EXECUTED filed by Indie Caps LLC: Declaration of Service re: Summons and Complaint upon Thomas P Ackerman on 10/30/2020, Vayiheor LLC on 10/19/20, and Harvey Mackler on 10/19/20. (Attachments: #1 Exhibit Declarations of Service of Summons and Complaint)(McKay, Michael) *Modified to correct event and text on 11/2/2020 (REK).
October 30, 2020 Filing 14 Corporate Disclosure Statement by Indie Caps LLC. (McKay, Michael)
October 30, 2020 Remark: Pro hac vice motion(s) granted for Jeanne Melissa Hamburg, Edward G Sponzilli on behalf of Defendants Harvey Mackler, Vayiheor LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 29, 2020 Opinion or Order Filing 13 ORDER setting a Rule 16 Scheduling Conference for 1/12/2021 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 10/28/2020. (See Order for details.) (LFIG)
October 29, 2020 Opinion or Order Filing 12 DISCHARGED by Doc. 19 ORDER TO SHOW CAUSE: ORDERED that no later than noon on November 2, 2020, Plaintiff shall show cause in writing for failure to comply with FRCiv 7.1 and LRCiv 7.1.1 and, 35 U.S.C. 290 and/or 15 U.S.C 1116, and Rule 3.1(c) of the Local Rules. Failure to comply with this Order may result in sanctions. Signed by Judge Diane J Humetewa on 10/29/2020. (See Order for details.) (Attachments: #1 AO 120-121, #2 Corporate Disclosure Form) (LFIG) Modified on 11/2/2020 (LFIG).
October 29, 2020 Opinion or Order Filing 11 ORDER granting the #9 Motion for Extension of Time and allowing until December 9, 2020 for Defendants to answer or otherwise respond to the Complaint. Signed by Judge Diane J Humetewa on 10/28/2020. (LFIG)
October 29, 2020 Filing 10 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Vayiheor LLC. (LFIG)
October 28, 2020 Filing 9 First MOTION for Extension of Time to File Answer re: #1 Complaint by Harvey Mackler, Vayiheor LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Armstrong, James)
October 21, 2020 Filing 8 NOTICE TO FILER OF DEFICIENCY re: #5 Minute Order, Initial Request for Copyright, Trademark, or Patent Information. Required forms were not filed as directed. FOLLOW-UP ACTION REQUIRED: Plaintiff shall complete the form that is applicable to this particular case as directed by Doc. #5 . In some cases, you may need to complete both forms. Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Deficiency must be corrected within seven (7) business days of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
October 13, 2020 Opinion or Order Filing 7 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See attached Order for complete details. Signed by Judge Diane J Humetewa on 10/13/2020. (CLB)
October 13, 2020 Filing 6 Summons Issued as to Thomas P Ackerman, Harvey Mackler, Vayiheor LLC. (Attachments: #1 Summons, #2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 13, 2020 Filing 5 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (REK)
October 13, 2020 Filing 4 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Indie Caps LLC. (REK)
October 9, 2020 Filing 3 Filing fee paid, receipt number 0970-18760311. This case has been assigned to the Honorable Diane J. Humetewa. All future pleadings or documents should bear the correct case number: CV-20-01970-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
October 9, 2020 Filing 2 SUMMONS Submitted by Indie Caps LLC. (submitted by Michael McKay) (Attachments: #1 Summons, #2 Summons) (REK)
October 9, 2020 Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-18760311 filed by Indie Caps LLC. (submitted by Michael McKay) (Attachments: #1 Civil Cover Sheet) (REK)

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Defendant: Thomas P Ackerman
Represented By: Jeffrey London Bradford
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Defendant: Harvey Mackler
Represented By: Jeanne Melissa Hamburg
Represented By: James W Armstrong
Represented By: Edward G Sponzilli
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Defendant: Vayiheor LLC a Florida limited liability company doing business as Gemphire LLC
Represented By: Jeanne Melissa Hamburg
Represented By: James W Armstrong
Represented By: Edward G Sponzilli
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Plaintiff: Indie Caps LLC
Represented By: Michael Craig McKay
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