Fornix Holdings LLC et al v. Unknow Party et al
| Fornix Holdings LLC and CP Productions Incorporated |
| Unknow Party named as John Doe #1 doing business as Justswallows.com, Unknown Party named as John Doe #2 doing business as xgloryhole.com, VeriSign Incorporated, Porkbun LLC, Cloudflare Incorporated, Unknown Party doing business as Justswallows.com, Public Interest Registry and Sav.com LLC |
| 2:2023cv00309 |
| February 21, 2023 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Property Rights: Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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Filing 53
ORDER: IT IS ORDERED that Plaintiffs' counsel either file the completed form or submit the notice not later than 14 days from the date of this Order. Failure to comply with this Court Order may result in sanctions being imposed. (See attached Order). Signed by Judge John J Tuchi on 4/19/2023. (JAMA)
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Filing 52
ORDER granting #50 Stipulation of Dismissal: This action is dismissed without prejudice as to Defendant Sav.com. Defendant Sav.com shall effectuate lawful orders from this Court involving the Domain Name |
| Filing 51 NOTICE of Party Dismissal by CP Productions Incorporated, Fornix Holdings LLC. Party Porkbun LLC terminated. (Lin, David) |
| Filing 50 STIPULATION of Dismissal by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Proposed Order)(Lin, David) |
| Filing 49 MEMORANDUM in Support of Plaintiffs' Request for Domain Name Transfer by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) |
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Filing 48
ORDER granting #42 Stipulation of Dismissal Without Prejudice: PIR, upon consent, shall continue to be subject to the jurisdiction of this Court for the purposes of enforcing possible injunctive relief relating to Plaintiffs' claims and the domain name at issue. Signed by Judge John J Tuchi on 4/5/23. (DXD)
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| Filing 47 NOTICE re: Defendant Cloudflare, Inc's Notice Regarding No Changes to Copyright, Trademark or Patent Information Previously Submitted for this Case by Cloudflare Incorporated re: #46 Minute Order,,,,,,, Supplemental Request for Copyright, Trademark, or Patent Information,,,,,, . (Callahan, Steven) |
| Filing 46 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 #44 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. (DXD) |
| Filing 45 Corporate Disclosure Statement by Cloudflare Incorporated. (Callahan, Steven) |
| Filing 44 Defendant Cloudflare, Inc.'s ANSWER to #27 Amended Complaint, by Cloudflare Incorporated.(Callahan, Steven) |
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Filing 43
ORDER - The Temporary Restraining Orders previously entered in this matter is converted to a Permanent Injunction and Plaintiffs' Second Ex Parte TRO Application (Doc. #35 ) is granted in part. VeriSign Incorporated, Porkbun LLC, Cloudflare, Incorporated, Public Interest Registry, the Infringing Defendants, and Defendant JS shall cease services or deactivate the domain name and place a registry hold on it to prevent transfer pending further Order from the Court as discussed herein. Plaintiffs may file supplemental briefing, not to exceed 6 pages, on the issue of Plaintiffs' request for the Court to order the transfer of the domain names or to file a notice of election not to proceed with such request, by 5:00 p.m. (Arizona time) on 4/7/23. See Order for further details. Signed by Judge John J Tuchi on 4/4/23. (DXD)
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| Filing 42 STIPULATION of Dismissal by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Proposed Order)(Lin, David) |
| Filing 41 NOTICE of Appearance by David Jeremy Bodney on behalf of Public Interest Registry. (Bodney, David) |
| Filing 40 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Preliminary Injunction Hearing held on 3/30/2023. Discussion held. Formal order to issue. APPEARANCES: Telephonic appearance by David Lin for Plaintiffs. No appearances by Defendants. (Court Reporter Elaine Cropper.) Hearing held 10:40 AM to 11:08 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 39 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service upon Sav.com, LLC on 03/24/2023. (Lin, David) |
| Filing 38 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Affidavit of Service upon Public Interest Registry on 03/24/2023. (Lin, David) |
| Filing 37 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by CP Productions Incorporated, Fornix Holdings LLC . (Attachments: #1 Exhibit A)(Lin, David) |
| Filing 36 NOTICE TO FILER OF DEFICIENCY re: #32 Redlined version of Amended Complaint filed by Fornix Holdings LLC, CP Productions Incorporated. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. The submitted pleading is a redlined version of the Amended Complaint only. It should have been submitted as an attachment to an actual Notice. FOLLOW-UP ACTION REQUIRED: Please file a corrected version using the event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 35 *EX PARTE Second MOTION for Temporary Restraining Order, MOTION for Order to Show Cause for Preliminary Injunction by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Proposed Order, #2 Declaration of David L. Graves, #3 Declaration of David D. Lin, Esq., #4 Exhibit Exhibits 1-5 to Lin Declaration, #5 Memorandum of Law)(Lin, David). *Added MOTION for Preliminary Injunction on 3/27/2023 (REK). |
| Filing 34 NOTICE of Filing - Copyright, Trademark or Patent Information filed by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) |
| Filing 33 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 #27 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. (REK) |
| Filing 32 *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by CP Productions Incorporated, Fornix Holdings LLC . (Lin, David) *Modified to reflect that ONLY the red-lined version of the Amended Complaint was submitted on 3/24/2023 (REK). |
| Filing 31 NOTICE TO FILER OF DEFICIENCY re: #27 Amended Complaint filed by Fornix Holdings LLC, CP Productions Incorporated. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. 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. (KJ) |
| Filing 30 Summons Issued as to Public Interest Registry, Sav.com, LLC. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 29 AFFIDAVIT of David D. Lin Certificate of Service by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) |
| Filing 28 SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Summons)(Lin, David) |
| Filing 27 AMENDED COMPLAINT against Cloudflare Incorporated, Porkbun LLC, Unknown Party(named as John Doe #2), Unknown Party, Sav.com, LLC, Public Interest Registry filed by Fornix Holdings LLC, CP Productions Incorporated. (Attachments: #1 Exhibit Exhibits A-G)(Lin, David) |
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Filing 26
ORDER - IT IS THEREFORE ORDERED, for the reasons described above and set forth more fully on the record at the telephonic TRO hearings held on March 9 and 15, 2023, granting Plaintiffs' Ex Parte Application for a Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, and Order to Allow Alternative Service (Doc. #2 ). IT IS FURTHER ORDERED setting a telephonic preliminary injunction hearing on March 30, 2023, at 10:30 a.m. (Arizona time) before District Judge John J. Tuchi, in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003. See document for complete details. Signed by Judge John J Tuchi on 3/16/2023. (WLP)
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| Filing 25 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Summons and Complaint, Plaintiffs' Application for TRO, TRO upon John Doe #1 d/b/a justswallows.com; John Doe #2 d/b/a xgloryhole.com. (Lin, David) |
| Filing 24 Summons Issued as to Unknown Party(named as John Doe #2), Unknown Party. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 23 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephone Conference held on 3/15/2023 re: Notice of Plaintiff's Ex Parte Application for a Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, and Order to Allow Alternative Service (Doc. #2 ) as to Porkbun, LLC. Discussion held. Formal Order to issue. APPEARANCES: Telephonic appearance by David Lin for Plaintiffs. No Appearance by Defendant Porkbun, LLC. (Court Reporter Elaine Cropper.) Hearing held 2:04 PM to 2:14 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 22 SUMMONS Submitted by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Summons)(Lin, David) |
| Filing 21 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Return of Service upon Porkbun LLC on March 13, 2023. (Lin, David) |
| Filing 20 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 03/09/2023 to Porkbun LLC . (Lin, David) |
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Filing 19
ORDER: IT IS ORDERED granting the Stipulation (Doc. #15 ). The matter is hereby dismissed without prejudice as to Defendant Verisign, only. (See attached Order). Signed by Judge John J Tuchi on 3/10/2023. (JAMA)
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Filing 18
ORDER - Tentative Telephonic Conference set for 3/15/2023 at 2:00 PM before Judge John J Tuchi. See Order for further details. Signed by Judge John J Tuchi on 3/9/23. (DXD)
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Filing 17
**Converted to Permanent Injunction per Order (Doc. #43 )** ORDER granting in part #2 Ex Parte Application for a Temporary Restraining Order. Defendant VeriSign, Inc. shall, immediately upon notice, deactivate the domain names and place a registry hold on them. Defendant Cloudflare, Inc. shall, immediately upon notice, ease providing all services to these websites. Infringing Defendants shall, immediately upon notice, (a) deactivate and prevent the transfer of the domain names, (b) deactivate and permanently delete the websites at each of these domain names; (c) delete all copies of Plaintiffs' copyrighted works, which have been uploaded to any third-party websites associated with these domain names; and (d) cease providing all services for the maintenance and support of the websites. Plaintiffs shall serve a copy of this Order, the summons and complaint, and all papers filed in support of this Order on Defendant JS and Defendant XGH at the email addresses discussed herein no later than 3/15/23, and shall file on the docket notice of completion and verification of such service by 3/17/23. See Order for further details. Signed by Judge John J Tuchi on 3/9/23. (DXD) Modified on 4/5/2023 (DXD).
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| Filing 16 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Motion Hearing held on 3/9/2023 re: Notice of Plaintiff's Ex Parte Application for a Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, and Order to Allow Alternative Service (Doc. #2 ). Discussion held. Formal Orders to issue. APPEARANCES: Telephonic appearance by David Lin for Plaintiffs. Telephonic appearance by Michael Galen for Defendant VeriSign Incorporated. (Court Reporter Elaine Cropper.) Hearing held 9:06 AM to 9:58 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Filing 15 STIPULATION of Dismissal by CP Productions Incorporated, Fornix Holdings LLC. (Attachments: #1 Proposed Order)(Lin, David) |
| Filing 14 NOTICE of Appearance by Michael Galen on behalf of VeriSign Incorporated. (Galen, Michael) |
| 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) |
| Filing 13 SERVICE EXECUTED filed by CP Productions Incorporated, Fornix Holdings LLC: Certificate of Service re: Complaint #1 - #5 and Order #12 upon Verisign, Inc on 2/28/23; upon Porkbun LLC on 2/27/23; upon Cloudfare Inc. on 2/27/23. (Lin, David) *Modified service dates on 3/6/2023 (DXD). |
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Filing 12
ORDER - Plaintiffs shall serve the Servicing Defendants VeriSign Inc., Porkbun LLC, and Cloudflare Inc. only, with a copy of this Order, the Verified Complaint (Doc. #1 ), TRO Application (Doc. #2 ), Declarations (Doc. #3 , #4 ), and Memorandum of Points and Authorities (Doc. #5 ), as soon as practicable, and in any case by 3/2/23. Telephonc Motion Hearing on TRO Application (Doc. #2 ) set for 3/9/2023 at 9:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. See Order for further details. Signed by Judge John J Tuchi on 2/28/23. (DXD)
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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) |
| Filing 11 NOTICE of Filing - Copyright, Trademark or Patent Information filed by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) |
| Filing 10 DECLARATION of David D. Lin, Esq. Certificate of Service by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) |
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Filing 9
ORDER OF RECUSAL: IT IS ORDERED this case be reassigned, by lot, to another Judge in the District of Arizona.IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable John J. Tuchi. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-23-0309-PHX-JJT. Signed by Senior Judge David G Campbell on 2/21/2023. (CLB)
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| Filing 8 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)(MCO) |
| Filing 7 Filing fee paid, receipt number AAZDC-21617994. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV-23-0309-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 6 Corporate Disclosure Statement by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (MCO) |
| Filing 5 MEMORANDUM of Points and Authorities in Support of #2 MOTION for Temporary Restraining Order, Order To Show Cause for Preliminary Injunction, and Order to Allow Alternative Service by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (MCO) |
| Filing 4 DECLARATION of David D. Lin in Support of Plaintiffs Ex Parte Application for Temporary Restraining Order re: #2 EX PARTE MOTION for Temporary Restraining Order by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (Attachments: #1 Exhibit)(MCO) |
| Filing 3 DECLARATION of David L. Graves in Support of Plaintiffs Ex Parte Application for Temporary Restraining Order re: #2 EX PARTE MOTION for Temporary Restraining Order by Plaintiffs CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (MCO) |
| Filing 2 EX PARTE MOTION for Temporary Restraining Order, Order to Show Cause for Preliminary Injunction, and Order to Allow Alternative Service by CP Productions Incorporated, Fornix Holdings LLC. (Lin, David) (Attachments: #1 Proposed Order)(MCO) |
| Filing 1 VERIFIED COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21617994 filed by Fornix Holdings LLC, CP Productions Incorporated. (Lin, David) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO) |
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