Fornix Holdings LLC et al v. Unknown Party et al
| Fornix Holdings LLC and CP Productions Incorporated |
| Unknown Party named as John Doe #1 doing business as DaftSex.com, Unknown Party named as John Doe #2 doing business as PornWild.com, EasyDNS Technologies Incorporated, Namecheap Incorporated, Cloudflare Incorporated and Google LLC |
| 2:2022cv01942 |
| November 15, 2022 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Property Rights: Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
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Filing 58
Clerk's ENTRY OF DEFAULT as to Defendant John Doe #1 d/b/a DaftSex.com ("DS") and Defendant John Doe #2 d/b/a PornWild.com ("PW" or collectively with DS "Infringer Defendants"). (CLM)
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Filing 57
APPLICATION for Entry of Default by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC against Defendant John Doe #1 d/b/a DaftSex.com and John Doe #2 d/b/a PornWild.com. (Lin, David)
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Filing 56
MOTION for Protective Order (Agreed Motion to Enter Protective Order) by Cloudflare Incorporated. (Attachments: #1 Exhibit 1-Proposed Order)(Callahan, Steven)
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Filing 55
NOTICE of Service of Discovery filed by Namecheap Incorporated. (Vasta, Mario)
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Filing 54
Corporate Disclosure Statement by Namecheap Incorporated. (Vasta, Mario)
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Filing 53
ORDER: Before the Court is a second stipulated request from Plaintiffs Fornix Holdings LLC ("Fornix") and CP Productions, Inc. ("CP Productions") and Defendant Namecheap, Inc. ("Namecheap") for an extension of time to answer or otherwise respond to Plaintiffs' Complaint. IT IS ORDERED the Stipulation (Doc. #51 ) is granted. Defendant Namecheap shall have until February 1, 2023 to answer, move, or otherwise respond to the Complaint. ORDERED by Judge Diane J Humetewa on 12/28/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 52
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 Namecheap Incorporated. (LFIG)
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Filing 51
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT for Defendant Namecheap (Second Request) by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Proposed Order Regarding Stipulation of Time to Answer for Defendant Namecheap)(Lin, David)
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Filing 50
NOTICE of Appearance by Mario Carmelo Vasta on behalf of Namecheap Incorporated. (Vasta, Mario)
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Filing 47
ORDER: Before the Court is the Motion to Withdraw as Attorney (Doc. #46 ), filed by terminated Defendant Google, LLC. IT IS ORDERED granting the Motion (Doc. #46 ). The Clerk of Court is kindly directed to terminate George C. Chen and Jacob A. Maskovich of the law firm Bryan Cave Leighton Paisner LLP as counsel of record for Google, LLC, and cease distributing electronic case notifications to these attorneys in this matter. ORDERED by Judge Diane J Humetewa on 12/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 46
MOTION to Withdraw as Attorney Notice of Withdrawal of Counsel and Request to Terminate Electronic Notifications by Google LLC. (Attachments: #1 Proposed Order)(Chen, George)
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Filing 45
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Complaint (Dkt. 1), Application for Temporary Restraining Order (Dkt. 2), and Summons (Dkt. 16) upon John Doe #1 and Joe Doe #2 on 12/7/22. (Lin, David)
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Filing 43
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Preliminary Injunction (Dkt. 41) upon all Defendants on 12/7/22. (Lin, David)
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Filing 42
ORDER: In light of the likelihood of continued infringing practices by Defendant John Doe #2, the Preliminary Injunction (Doc. #41 ) will not be limited to 30 days but will be in place until a trial on the merits can be held. This Order amends the duration of the Preliminary Injunction in the Court's Minute Entry (Doc. 40). ORDERED by Judge Diane J Humetewa on 12/7/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 41
ORDER: IT IS ORDERED converting the Temporary Restraining Order to a Preliminary Injunction in favor of Plaintiffs as set forth in this Order. Plaintiffs' request for alternative service of this Order is granted. IT IS FURTHER ORDERED that in the event the Infringing Defendants appear in this action, a trial on the merits is set for April 3, 2023, at 10:00 a.m. The Clerk of Court shall vacate the trial upon any entry of default entered against Infringing Defendants. Signed by Judge Diane J Humetewa on 12/6/2022. (See Order for details.) (LFIG)
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Filing 44
Witness List by Fornix Holdings LLC. (LFIG)
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Filing 40
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Hearing re: #2 Motion for Preliminary Injunction held on 12/5/2022. Dave Graves sworn and examined. As set forth on the record, IT IS ORDERED the Court will issue a Preliminary Injunction for a period of 30 days. Order to follow. APPEARANCES: David Lin for Plaintiffs. Defendants are not present. (Court Reporter Hilda Lopez.) Hearing held 11:24 AM to 12:21 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 39
ORDER approving the Notice (Doc. #37 ) and Defendant Google, LLC is dismissed from this action, without prejudice. IT IS FURTHER ORDERED directing the Clerk of Court to terminate Google LLC as a Defendant in this action. Signed by Judge Diane J Humetewa on 12/5/2022. (LFIG)
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Filing 38
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Temporary Restraining Order (Dkt. 28) upon Defendant Namecheap, Inc. and Defendant Cloudflare, Inc. on 11/23/22 and 12/5/22. (Lin, David)
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Filing 37
NOTICE of Party Dismissal by CP Productions Incorporated, Fornix Holdings LLC. Party Google LLC terminated. (Lin, David)
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Filing 36
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Acknowledgment of Service re: Complaint and Application for Temporary Restraining Order and Stipulation for Time to Answer upon Namecheap, Inc. on 12/2/22. (Attachments: #1 Proposed Order Proposed Order Acknowledging Service and Time to Answer)(Lin, David)
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Filing 35
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Temporary Restraining Order (Dkt. 28) and November 30, 2022 Order (Dkt. 33) upon Defendants on 12/1/22. (Lin, David)
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Filing 34
Corporate Disclosure Statement by Cloudflare Incorporated. (Callahan, Steven)
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Filing 33
ORDER the December 5, 2022 hearing will be held by videoconference. Counsel will be emailed connection information. IT IS FURTHER ORDERED that exhibit lists and witness lists of witnesses that will be called at the hearing shall be delivered to the Court by Friday, December 2, at 9:00 a.m. Exhibit marking instructions will be emailed to the parties. Exhibit marking instructions will be emailed to the parties.IT IS FURTHER ORDERED that Plaintiffs shall serve a copy of this Order on Defendants by Thursday, December 1, 2022, and shall file a proof of service with the Court. IT IS FINALLY ORDERED that if any Defendant does not respond to the Motion for Preliminary Injunction by Monday, December 5, 2022, at 9:00 a.m., or if any Defendant fails to appear at the hearing, the Court will deem either failure to be that Defendants consent to the TRO being converted to a Preliminary Injunction. Signed by Judge Diane J Humetewa on 11/29/2022. (LFIG)
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Filing 32
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 Cloudflare Incorporated. (LFIG)
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Filing 31
NOTICE of Filing - Copyright, Trademark or Patent Information filed by Cloudflare Incorporated. (Callahan, Steven)
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Filing 30
MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #29 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you 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 there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (CLM)
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Filing 29
ANSWER to #1 Complaint by Cloudflare Incorporated.(Callahan, Steven)
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Remark: Pro hac vice motion(s) granted for David D Lin on behalf of Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 49
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC TEMPORARY RESTRAINING ORDER HEARING proceedings held on 11/21/2022, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023. (RAP)
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Filing 48
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLAINTIFFS' EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER proceedings held on 11/17/2022, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 12/30/2022. Redacted Transcript Deadline set for 1/9/2023. Release of Transcript Restriction set for 3/9/2023. (RAP)
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Filing 28
TEMPORARY RESTRAINING ORDER: IT IS ORDERED setting a Preliminary Injunction Hearing for 12/5/2022 at 11:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 11/23/2022. (See Order for details.) (LFIG)
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Filing 27
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Telephonic Temporary Restraining Order Hearing held on 11/21/2022. Counsel heard. IT IS ORDERED granting the #2 Motion for TRO for a period of 14 days as set forth on the record. Plaintiffs are not required to post a bond. Defendants are to disable infringing domain names, suspend service to those infringing domain names, and prevent transfer. Google shall, to the extent necessary, remove the infringing domain names from search results. IT IS FURHTER ORDERED that Plaintiffs are permitted to serve Defendants by alternative means. A Preliminary Injunction Hearing will be set by separate order. TELEPHONIC APPEARANCES: David Lin and Rachel Stephens for Plaintiff. George Chen for Defendant Google. (Court Reporter Hilda Lopez.) Hearing held 11:28 AM to 12:00 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 26
AMENDED TRANSCRIPT REQUEST pursuant to 25 Notice of Deficiency by Google LLC for proceedings held on 11/17/2022 & 11/21/2022, Judge Diane J Humetewa hearing judge(s). (Chen, George)
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Filing 25
NOTICE TO FILER OF DEFICIENCY re: #24 Transcript Request filed by Google LLC. Outdated Transcript form used. FOLLOW-UP ACTION REQUIRED: Please use the most current form available on the district's website (AO435-AZ Form 10/2018). Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCH)
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Filing 24
TRANSCRIPT REQUEST by Google LLC for proceedings held on 11/17/2022 & 11/21/2022, Judge Diane J Humetewa hearing judge(s). (Chen, George)
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Filing 23
SUPPLEMENT Supplement pursuant to the Court's November 18, 2022 Order by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Exhibit District of Washington Order, #2 Exhibit DaftSex.com WHOIS Records, #3 Exhibit Sample of PornWild Videos, #4 Exhibit PornWild Takedown Notices, #5 Exhibit Date of Notification - PornWild)(Lin, David)
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Filing 22
SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Verified complaint (Dkt. 1), exhibits to the complaint (Dkt. 1-2), ex parte application for temporary restraining order (Dkt. 2), memorandum of law in support of the ex parte application for temporary restraining order (Dkt. 2-2), the declaration of David D. Lin (Dkt. 2-3), the declaration of Dave Graves (Dkt. 2-4) and accompanying exhibits (Dkt. 2-5), proposed temporary restraining order (Dkt. 6), the minute order detailing the November 18, 2022 hearing (Dkt. 15), the minute order regarding the hearing scheduled for Monday, November 21, 2022 at 11:15 a.m. (Dkt. 19), and notice of voluntary dismissal pursuant to F.R.C.P 41(a)(1)(A)(i) (Dkt. 21) upon Namecheap, Inc.; Cloudflare, Inc.; Google, LLC on 11/19/2022. (Lin, David)
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Filing 21
NOTICE of Party Dismissal by CP Productions Incorporated, Fornix Holdings LLC. Party EasyDNS Technologies Incorporated terminated. (Lin, David)
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Filing 20
NOTICE of Appearance by George Chun Chen on behalf of Google LLC. (Chen, George)
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Remark: Pro hac vice motion(s) granted for Steven Callahan on behalf of Defendant Cloudflare Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 19
MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Hearing held on 11/17/2022 re: Plaintiffs' #2 Ex Parte Motion for Temporary Restraining Order. The Court takes a brief recess to allow Plaintiffs' counsel to give notice to the other Defendants and file a Notice to that effect. Court reconvenes. Counsel heard. As set forth on the record, Plaintiffs' counsel shall file supplemental briefing by 9:00 AM on 11/21/2022 and the Telephonic Hearing will be RESET for 11/21/2022 at 11:15 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa, with the same dialing instructions. LATER (off the record): IT IS FURTHER ORDERED that in light of Plaintiffs' representations during the hearing that the Ex Parte Motion for Temporary Restraining Order was intended to be ex parte only as to Defendants John Doe #1 and #2, Plaintiff shall file a Notice with the Court, no later than Monday, November 21, 2022 by 9:00 AM, that the remaining Defendants have been served with copies of the Complaint, Ex Parte Motion for a Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, Order to Allow Alternative Service, and Order to Grant Limited Expedited Discovery, and this Order. APPEARANCES: David Lin for Plaintiffs. George Chen for Defendant Google. (Court Reporter Hilda Lopez.) Hearing held 3:35 PM to 3:43 PM; 4:31 PM to 5:26 PM; 5:38 PM to 5:47 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 18
NOTICE re: TRO application by CP Productions Incorporated, Fornix Holdings LLC re: 15 Order,,, Set Motion Hearing,, . (Lin, David)
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Filing 17
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. ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See Order for details. Signed by Judge Diane J Humetewa on 11/15/2022. (LFIG)
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Filing 16
Summons Issued as to Cloudflare Incorporated, EasyDNS Technologies Incorporated, Google LLC, Namecheap Incorporated, Unknown Party(named as John Doe #1), Unknown Party(named as John Doe #2). (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 15
ORDER: Before the Court is Plaintiff's Ex Parte Motion for a Temporary Restraining Order, Preliminary Injunction, Order to Allow Alternative Service, and Order to Grant Limited Expedited Discovery (Doc. #2 ). The Court will set a hearing on the Motion. IT IS ORDERED that a Telephonic Hearing on the Ex Parte Motion (Doc. #2 ) is set for Thursday, November 17, 2022 at 3:30 p.m. Plaintiff shall connect five (5) minutes prior to the hearing start time by dialing 1-866-390-1828 and entering access code 7618428 when prompted. ORDERED by Judge Diane J Humetewa on 11/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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Filing 14
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 13
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 12
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 11
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 10
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 9
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David)
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Filing 8
NOTICE TO FILER OF DEFICIENCY re: #4 Summons Submitted filed by Fornix Holdings LLC, CP Productions Incorporated. Unable to issue summons. Please list one Defendant per Summons. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
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Filing 7
NOTICE of Filing - Copyright, Trademark or Patent Information filed by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (ARC)
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Filing 6
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. (Attachments: #1 AO 121)(ARC)
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Filing 5
Filing fee paid, receipt number AAZDC-21310985. This case has been assigned to the Honorable Diane J Humetewa. All future pleadings or documents should bear the correct case number: CV-22-1942-PHX-DJH. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
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Filing 4
SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (ARC)
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Filing 3
Corporate Disclosure Statement by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (ARC)
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Filing 2
Plaintiff's EX PARTE MOTION (Application) for a Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, Order to Allow Alternative Service, and Order to Grant Limited Expedited Discovery by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (Attachments: #1 TRO Memo of Law, #2 Lin Declaration to TRO, #3 Exhibit A-F to Lin Declaration, #4 Graves Declaration to TRO, #5 Exhibit A to Graves Declaration, #6 Proposed Order)(ARC) (Attachment 3 replaced on 11/17/2022) (NKS).
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Filing 1
COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21310985 filed by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-F to Complaint)(ARC)
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