Joanne Siegel et al v. Time Warner Inc et al
| Joanne Siegel and Laura Siegel Larson |
| Time Warner Inc, Warner Communications Inc, Warner Bros Entertainment Inc, Warner Brothers Television Production Inc, DC Comics and Does |
| DC Comics, Time Warner Inc, Warner Bros Entertainment Inc, Warner Bros Television Inc and Warner Communications Inc |
| Laura Siegel Larson and Joanne Siegel |
| 2:2004cv08776 |
| October 22, 2004 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Stephen G. Larson |
| Ralph Zarefsky |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
254
AMENDED JUDGMENT by Judge Otis D. Wright, II: This Court now enters an amended final judgment based on DCs Fourth Counterclaim in two of three long-running Superman cases presently before this Court: (1) the Superman case; and (2) the Superboy case. In the parties October 19, 2001 settlement agreement, Larson (and her family) transfer[red] all of [their] rights to DC, resulting in 100% ownership to D.C. Comics, effective October 19, 2001. Declaration of Daniel M. Petrocelli (Petrocelli Decl .) Ex. B, at 21; Larson, 2013 WL 1113259, at *1. This complete transfer on October 19, 2001, bars certain of Larsons remaining claims in this case and entitles DC to judgment on its Fourth Counterclaim, which seeks a declaration confirming the Octobe r 19, 2001 settlement agreement against Larson. The remaining claims are granted, denied, or dismissed as set forth below. Therefore: RE: Plaintiffs Claims (Superman, Case No. CV-04-8400) IT IS ORDERED AND ADJUDGED that Plaintiffs First Claim for Rel ief in the Superman case, for Declaratory Relief re: Termination, is GRANTED, but only to the extent that it sought a declaration that on April 16, 1999, the Siegels validly terminated under the Copyright Act all prior grants, assignments, or transfe rs by Jerome Siegel to any of the Defendants, or their predecessors-in-interest, of the renewal copyrights in and to Action Comics, No. 1, as well as Action Comics, No. 4, Superman, No. 1 (pages 36), and the first two weeks of the Superman newspaper strips, and judgment is hereby entered in Plaintiffs favor on this claim as set forth herein. See Superman case, ECF Nos. 293, 560. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiffs Second Claim for Declaratory Relief re: Profits from Recaptured Cop yrights, Third Claim for Declaratory Relief re: Use of the Superman Crest, and Fourth Claim forAccounting for Profits in the Superman case are DISMISSED, WITHOUT PREJUDICE, AS MOOT. RE:Plaintiffs Claims (Superboy Case, Case No. CV-04-8776) IT IS ORDE RED AND ADJUDGED that Plaintiffs First Claim forCopyright Infringement, Second Claim for Declaratory Relief re: Termination,Third Claim for Violation of the Lanham Act § 43(a)(1)(B), Fourth Claim forViolation of California Business and Professio ns Code, §§ 17200 et seq., and Fifth Claim for Injunctive Relief in the Superboy case are DISMISSED, WITHOUT PREJUDICE, AS MOOT. RE: DCs Counterclaims (Superman and Superboy Cases) IT IS ORDERED AND ADJUDGED that DCs First Counterclaim, For Declaration That The Superman Notices And The Superboy Notice Are Ineffective,is DENIED WITH PREJUDICE in its entirety in the Superman case and as to Parts(1), (2), and (5) in the Superboy case. See Superman case, ECF Nos. 293, 664(striking parts (3 ) and (4) from the First Counterclaim in the Superman case).IT IS FURTHER ORDERED AND ADJUDGED that DCs Second Counterclaim, For Declaration That Any Claim By The Siegels For Co-Ownership Of Superman (Including Its Derivative Superboy) Is Barred By T he Statute Of Limitations, is DENIED WITH PREJUDICE. See Superman case, ECF No. 293.IT IS FURTHER ORDERED AND ADJUDGED that DCs Fourth Counterclaim, for Declaratory Relief Regarding the [2001 Settlement] Agreement, is GRANTED in part as follows. The Court declares that the parties October 19, 2001 settlement agreement (embodied in Kevin Markss letter of the same date)remains binding and enforceable solely under the terms contained in that agreement. Under that agreement, Larson and her family tr ansferred to DC, worldwide and in perpetuity, any and all rights, title, and interest, including all copyright interests, that they had in Superman and Superboy, effective October 19, 2001. Petrocelli Decl. Ex. B, at 19, 21; Larson, 2013 WL 1113259, at *12. Judgment is hereby entered in DCs favor and against Larson on this counterclaim. IT IS FURTHER ORDERED that DCs Third, Fifth, and Sixth Counterclaims are DISMISSED, WITHOUT PREJUDICE, AS MOOT. (lc)
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Filing
243
FINAL JUDGMENT IN THE SIEGEL SUPERBOY CASE by Judge Otis D. Wright, II: A. LARSON'S CLAIMS: IT IS ORDERED AND ADJUDGED that Larsons First Claim for Relief, for Copyright Infringement, is DENIED, and judgment is hereby entered in DCs favor and a gainst Larson on this claim. IT IS FURTHER ORDERED AND ADJUDGED that Larsons Second Claim for Relief, for Declaratory Relief re: Termination, is DENIED, and judgment is hereby entered in DCs favor and against Larson on this claim. IT IS FURTHER ORDER ED AND ADJUDGED that Larsons Third Claim for Relief, for Violation of the Lanham Act § 43(a)(1)(B), is DENIED, and judgment is hereby entered in DCs favor and against Larson on this claim.IT IS FURTHER ORDERED AND ADJUDGED that Larsons Fourth Cl aim for Relief, for Violation of California Business and Professions Code, §§ 17200 et seq., is DENIED, and judgment is hereby entered in DCs favor and against Larson on this claim.IT IS FURTHER ORDERED AND ADJUDGED that Larsons Fifth Cla imfor Relief, for Injunctive Relief, is DENIED, and judgment is hereby entered inDCs favor and against Larson on this claim. B. DC'S COUNTERCLAIMS: IT IS ORDERED AND ADJUDGED that DCs Fourth Counterclaim, for Declaratory Relief Regarding the [20 01 Settlement] Agreement, is GRANTED, and judgment is hereby entered in DCs favor and against Larson on this counterclaim. The Court declares that, under the parties October 19, 2001 settlement agreement, Larson and her family transferred to DC, wor ldwide and in perpetuity, any and all rights, title, and interest, including all copyright interests,that they may have in Superman, Superboy, and Spectre.IT IS ACCORDINGLY FURTHER ORDERED that DCs First, Second, Third, Fifth, and Sixth Counterclaims are DISMISSED, WITHOUT PREJUDICE, AS MOOT. (MD JS-6, Case Terminated). (lc)
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Filing
235
ORDER GRANTING IN PART DEFENDANTS MOTION FOR SUMMARY JUDGMENT 222 AND ORDERING FURTHER BRIEFING by Judge Otis D. Wright, II: The parties are therefore ORDERED to file supplemental briefs addressing how the Courts holding that the October 19 agreeme nt remains binding and enforceable today affects the parties respective rights to Superboy and the Superman ad works. The briefs should not exceed 15 pages in length and should devote particular attention to the relevant factual and procedural histor y with respect to these works, including the continued effect various earlier rulings by the Court have on these claims today. The briefs must also include a brief proposal for swift resolution of the Superboy and Superman ad issues should the Court find that the October 19 agreement does not extend to these works. The parties shall submit all documents on which they rely as exhibits. The parties supplemental briefs are due no later than 5:00 p.m. on Thursday, March 28, 2013 . (lc). Modified on 3/20/2013. (lc).
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Filing
233
ORDER GRANTING PLAINTIFFS LEAVE TO FILE A SUR-REPLY by Judge Otis D. Wright, II. Plaintiff is therefore granted leave to file a sur-reply no longer thant 5 pages in length to respond to any arguments addressed in Defendants' Reply. Should she choose to file a sure-reply, Plaintiff must to so no later than Monday, March 18, 2013., (bp)
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Filing
175
MINUTES OF IN CHAMBERS ORDER DENYING AS MOOT PARTIES CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT IN CV-04-8776 CASE; ORDER REQUIRING PARTIES TO ENGAGE IN MEANINGFUL SETTLEMENT NEGOTIATIONS; ORDER SETTING PRE-TRIAL AND TRIAL DATES; ORDER STAYING RULING ON OUTSTANDING ISSUES CONTAINED IN JULY 27, 2007, ORDER PENDING SETTLEMENT DISCUSSIONS held before Judge Stephen G. Larson : re: MOTION for Partial Summary Judgment[131], and MOTION for Partial Summary Judgment[116]. Jury Trial set in the Superman case for 11/4/2008 at 09:30 AM before Judge Stephen G. Larson. Pretrial Conference set in the Superman case for 10/6/2008 at 11:00 AM before Judge Stephen G. Larson. (mrgo)
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Filing
173
NOTICE of Change of Attorney Information for attorney James D Weinberger counsel for Counter Claimants DC Comics, Time Warner Inc, Warner Bros Entertainment Inc, Warner Bros Television Inc, Warner Communications Inc, Defendants Time Warner Inc, Warner Communications Inc, Warner Bros Entertainment Inc, Warner Brothers Television Production Inc, DC Comics. Justin Deabler will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Justin Deabler is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants and counterclaimant Time Warner Inc. et al. (Weinberger, James)
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Filing
172
NOTICE of Change of Attorney Information: David L Burg is no longer attorney of record in this case for the reason indicated in the G-06 Notice. Filed by defendants Laura Siegel Larson, Joanne Siegel, Time Warner Inc, Warner Communications Inc, Warner Bros Entertainment Inc, Warner Brothers Television Production Inc, DC Comics (cbr)
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Filing
171
MINUTES OF IN CHAMBERS ORDER RE SCHEDULING OF CASE NO. CV04-8400-SGL (RZx) held before Judge Stephen G. Larson : The Court has received and reviewed the parties' stipulation re: scheduling order, filed on November 15, 2007. The parties stipulate and agree to continue certain scheduling dates in Case No. CV 04-8400-SGL (RZx), the "Superman" case. The Court declines to adopt the proposed dates provided by the parties. On its own motion, the Court hereby sets the following dates in CV 04-8400-SGL (RZx): Motions in Limine to be filed by 2/11/2008. Last date to conduct settlement conference is 1/16/2008. Final Pretrial Conference set for 2/25/2008 at 11:00 AM before Judge Stephen G. Larson. Jury Trial set for 3/11/2008 at 09:30 AM before Judge Stephen G. Larson. (mrgo)
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Filing
170
MINUTES RE OUTSTANDING Discovery Matters held before Stephen G. Larson : Except as set forth below, discovery in these matters is ORDERED closed: 1) Bryan Singer is ORDERED to sit for a deposition by no later than 11/30/07; plaintiff Laura Siegel Larson is ORDERED to sit for a deposition by no later than 10/9/07; defendant DC Comics is ORDERED to produce the "reserve account document" to plaintiffs on or before 9/21/07; defendants are ORDERED to produce to plaintiffs all requested "ultimates" by 9/21/07; plaintiff's EX PARTE APPLICATION for Order for Modifying Court's 8/13/07 Scheduling Order is GRANTED in part in that plaintiffs are afforded until 10/9/07, to complete their damages-related audit of defendants Time Warner Inc, Warner Bros Entertainment Inc, Warner Bros Television Production Ind and DC Comics. (See document for further specifics)Court Reporter: Theresa Lanza.(mrgo)
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Filing
154
MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson. The Joint Stipulation to continue the hearing date on plaintiffs' MOTION to Compel[133] and plaintiffs' MOTION to Compel[137] is DENIED. The hearing on those 2 discovery motions remains calendared for 8/13/07, at 10:00am. The Joint Stipulation to continue the hearing date on plaintiffs' MOTION to Compel[130] is also DENIED; however, in lieu of hearing the matter on 8/13/07, the hearing on this motion is VACATED and the Court will decide the motion based on the papers submitted and the transcript of the hearing before Judge Zarefsky. (mrgo)
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Filing
152
MINUTES: (IN CHAMBERS) ORDER RESCHEDULING PARTIES CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT IN CV-04-9776-SGL(RZx) MATTER. In light of the unresolved issues identified in the Courts 7/27/07, Order Granting Defendants Motion for Reconsideration, the Court hereby re-schedules the parties cross-motions for partial summary judgment in the CV08-8776 SGL(RZx) matter to be heard on 9/10/07, at 10:00 AM in Courtroom One. The parties cross-motion for partial summary judgment in the CV04-8400SGL(RZx) matter (as well as the discovery motions identified in the Courts 7/31/07, minute order) remain on calendar for a hearing on 8/13/07 at 10:00 AM in Courtroom One. IT IS SO ORDERED, by Judge Stephen G. Larson. (de)
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Filing
151
ORDER by Judge Stephen G. Larson GRANTING defendants' MOTION for Reconsideration re Order on Motion for Partial Summary Judgment, [85][103]. Consistent with this holding, the Court VACATES the following portions of the 3/23/06, Order: (See document for specifics). (mrgo)
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Filing
150
MINUTES: ORDER GRANTING DEFENDANTS EX PARTE APPLICATION [201] TO CONTINUE HEARING DATE. For good cause shown, the Court GRANTS defendants ex parte application to continue the 7/23/07, hearing date. However, the hearing on the parties cross-motions is continued to 8/13/07 at 10:00 AM in Courtroom One, a date well after when the state court trial should be concluded. The continuance of the hearing date on the parties cross-motions for partial summary judgment does not affect the previously set dates in this case (See document for details.) IT IS SO ORDERED, by Judge Stephen G. Larson. (de)
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Filing
115
ORDER granting plaintiff's ex parte application [lodged 4-17-07] by Judge Stephen G. Larson: summary judgment filing cutoff 4/30/07, opposition brief due 5/28/07, and reply brief due 6/18/07. [Set Deadlines:, ORDER by Judge Stephen G. Larson, re Stipulation and Order. Set Deadlines/Hearings, 90 Motions due by 4/30/2007. (jh, )
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Filing
112
MINUTES OF Motion Hearing held before Judge Stephen G. Larson RE: defendant and counter-claimants MOTION for Reconsideration re Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, [85][103]. Court hears oral arguement and takes the matter under submission.Court Reporter: Theresa Lanza. (mrgo, )
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Filing
106
MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson: MOTION for Reconsideration re Order on Motion for Partial Summary Judgment [85][103] will be heard on 2/12/2007 at 10:00 AM before Judge Stephen G. Larson.Court Reporter: None. (la, )
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Filing
102
MINUTES OF IN CHAMBERS ORDER held before Judge Stephen G. Larson: The Court's Minute Order of 11/28/06 is hereby modified as follows: The reference to the dates setting the Non-expert discovery cutoff and Expert cutoff are vacated, as the Court prevously approved and will maintain such dates as set forth in the Stipulation and Order filed 11/15/06 in both cases referenced above. All other dates referenced in the 11/28/06 order remain as stated therein. (am, )
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Filing
101
MINUTES OF Status Conference held before Judge Stephen G. Larson : A status conference was held on 11/27/06. The defendants requested relief from the Courts rule regarding the filing of multiple summary judgment motions. The Court denied this request, but granted a waiver of the page limitation on such motions. The page limitation is waived as to plaintiffs as well. (See document for specifics)Court Reporter: Theresa Lanza. (mrgo, )
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Filing
100
MINUTE ORDER (IN CHAMBERS) by Judge Stephen G. Larson: ?Counsel and/or parties are hereby notified that a Status Conference requiring mandatory appearances is hereby set down on calendar on November 27, 2006, at 11:00 a.m., in Courtroom #1 of the above-referenced court. IT IS SO ORDERED.[Set Deadlines/Hearings: Status Conference set for 11/27/2006 11:00 AM before Judge Stephen G. Larson.Court Reporter: none. (jh, )
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Filing
99
STANDING ORDER by Judge Stephen G. Larson. (See document for details.)(la, )
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Filing
98
ORDER TO REASSIGN CASE due to self-recusal pursuant to Section 3.2 of General Order 224 by Judge Margaret M. Morrow. Case transferred to the calendar of Judge Stephen G. Larson for all further proceedings. Case number now reads as CV 04-8776 SGL (RZx).(rn, )
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Filing
97
ORDER TO REASSIGN CASE due to self-recusal pursuant to Section 3.2 of General Order 224 by Judge S. James Otero. Case transferred to the calendar of Judge Margaret M. Morrow for all further proceedings. Case number now reads as CV 04-8776 MMM (RZx).(rn, )
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Filing
96
ORDER TO REASSIGN CASE due to self-recusal pursuant to Section 3.2 of General Order 224 by Judge Percy Anderson. Case transferred to the calendar of Judge S. James Otero for all further proceedings. Case number now reads as CV 04-8776 SJO (RZx).(rn, )
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Filing
95
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 224. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Percy Anderson for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04-8776 PA (RZx).(rn, )
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Filing
94
STIPULATION AND ORDER by Judge Ralph Zarefsky Re: Discovery Dispute: DCs Interrogatory No. 1 is withdrawn and will not be counted against DCs allotted number of interrogatories as set forth in Fed.R.Civ.P. 33(d). In place of withdrawn Interrogatory No. 1, the following Interrogatory (New Interrogatory No. 1) shall be considered served on plaintiffs: (see document for details). (mg, )
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Filing
93
ORDER by Judge Ronald S.W. Lew denying defendants MOTION to Certify this Courts Order for Immediate Appeal [88] (mg, )
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Filing
90
STIPULATION AND ORDER by Judge Ronald S.W. Lew: It Is Hereby Ordered that the 4/29/05 scheduling order be modified as follows: Non-expert Discovery cut-off: 11/17/2006. Motions due by 3/19/2007. Pretrial Conference set for 5/21/2007 at 11:00 AM. Jury Trial set for 6/26/2007 at 09:00 AM before Judge Ronald S.W. Lew. (mg, )
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Filing
89
JOINT STIPULATION AND ORDER by Judge Ronald S.W. Lew that the briefing schedule for defendants MOTION to Certify Order of 3/24/06 for immediate appeal [88] is modified as follows: Opposition due by 5/8/2006; Reply due by 5/15/2006. Motion set for hearing on 5/22/2006 at 09:00 AM before Judge Ronald S.W. Lew.(mg, ) Modified on 4/26/2006 (mg, ).
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Filing
87
STIPULATION RE: PROTECTIVE ORDER by Judge Ronald S.W. Lew (mg, )
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Filing
84
NOTICE OF CLERICAL ERROR: Due to clerical error, Non-Public Entry #82 was erroneously issued an item control number. No such number exists. (kd)
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Filing
81
MINUTES OF Motion Hearing held before Judge Ronald S.W. Lew: Court and counsel confer. The Court takes the following motions UNDER SUBMISSION: MOTION for Partial Summary Judgment [51] and MOTION for Summary Judgment [55] The Court's order will issue. Court Reporter: Sheri Kleeger. (kd)
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Filing
74
JOINT STIPULATION AND ORDER REGARDING Extension of Plaintiffs and Defendants Time to file Reply Briefs by Judge Ronald S.W. Lew : The parties by their counsel hereby stipulate and agree to the following: The time for Plaintiffs and Defendants to file their reply briefs in support of their respective summary judgment motion is hereby extended two days until Friday, March 10, 2006. The parties rationale is that this short extension until March 10, 2006 should not materially interfere with the Court's review of the motion papers since the hearing is not schedued until March 20, 2006. SO ORDERED.(yl, )
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Filing
50
STIPULATION AND ORDER approved by Judge Ronald S.W. Lew: Cross motions for summary judgment due as follows: Moving briefs due 2/15/2006; opposition briefs due 03/01/2006; reply briefs due 03/8/2006; Hearing to be set for 03/20/2006, 9 am. (kd)
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Filing
49
ORDER by Judge Ronald S.W. Lew: granting [48] Application to Appear Pro Hac Vice by Attorney Justin Deabler on behalf of defendants, designating Michael Bergman as local counsel. (mg, )
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Filing
44
FIRST AMENDED COUNTERCLAIMS against counterdefendants Laura Siegel Larson and Joanne Siegel; amending Counterclaim [24]; filed by counterclaimant DC Comics (mg, )
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Filing
41
MINUTES OF IN CHAMBERS ORDER by Judge Ronald S.W. Lew: This action has been reassigned. Please substitute the initials RSWL in place of the initials DDP. It is imperative that the initials RSWL be used on all documents to prevent any delays in processing of documents. The Final Pretrial Conference is set for 08/28/06, 11 am. The Jury Trial is set for 09/05/06, 9 am. This Court is located at: 312 N. Spring Street, Fifth Floor, Courtroom 21, Los Angeles, California, 90012. Court Reporter: Not Present. (kd)
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Filing
40
ORDER by Judge Dean D. Pregerson granting Ex parte application extending time for defendants and counterclaimants to amend their pleadings to 10/17/05 (mg, )
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Filing
36
SCHEDULING ORDER by Judge Dean D. Pregerson: Amended Pleadings due by 9/15/2005. Discovery cut-off 5/17/2006. Motions due by 6/19/2006. Pretrial Conference set for 8/28/2006 04:00 PM. Jury Trial set for 9/5/2006 09:00 AM before Honorable Dean D. Pregerson. (mg, )
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Filing
30
NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson, ORDERING Notice of defendants / counterclaimants Motion to consolidate related cases (filed in CV 04-8400) submitted by Defendants, received on 2/9/05 is not to be filed but instead rejected. Denial based on: Submitted with Motion case number CV 04-8400, sharing supporting documents.(mg, )
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Filing
29
MINUTES (IN CHAMBERS ORDER) by Judge Dean D. Pregerson: Counsel are notified that this action has been transferred to the calendar of Judge Dean D. Pregerson for all further proceedings. On all documents subsequently filed in this case, please substitute the initials DDP after th case number in place of the initials of the prior judge so that the case number will now read: CV 04-8776 DDP (AJWx). Counsel are encouraged to review the Central Districts website: http://www.cacd.uscourts.gov. Court Reporter: None Present. (mg, )
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Filing
27
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 04-8400 DDP (RZx). Case transfered from Judge Ronald S.W. Lew and Andrew J. Wistrich to Judge Dean D. Pregerson and Ralph Zarefsky for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04-8776 DDP (RZx).Signed by Judge Dean D. Pregerson (rn, )
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Filing
26
STIPULATION AND ORDER by Judge Ronald S.W. Lew granting counterdefendants Laura Siegel Larson and Joanne Siegel an extension of time to respond to defendant/counterclaimant DC Comics counterclaims to 1/11/2005 (mg, )
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Filing
12
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Jonathan Zavin for defendants Warner Bros Entertainment Inc; Warner Bros Television Inc; Warner Communications Inc; DC Comics and Time Warner Inc, designating David Grossman as local counsel. Fee paid. Approved by Judge Ronald S.W. Lew.(mg, )
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Filing
9
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Roger L Zissu for Warner Bros Entertainment Inc; Warner Bros Television Inc; Warner Communications Inc; DC Comics and Time Warner Inc, designating David Grossman as local counsel. Fee paid. Approved by Judge Ronald S.W. Lew.(mg, )
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Filing
3
NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, )
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