Vibhu Talwar et al v. Creative Labs Inc
Plaintiff: Vibhu Talwar and Patrick Finkelstein
Defendant: Creative Labs Inc
Case Number: 2:2005cv03375
Filed: May 5, 2005
Court: US District Court for the Central District of California
Presiding Judge: Florence-Marie Cooper
Referring Judge: Andrew J Wistrich
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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This docket was last retrieved on January 23, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2009 Opinion or Order Filing 171 MINUTES OF IN CHAMBERS ORDER DENYING MOTION by Judge Florence-Marie Cooper: re: MOTION for Relief from judgement #164 . The Court has read and considered the Motion of Fleishman & Fisher for Order Clarifying and Enforcing Attorney's Fees Order #164 , the Opposition of Strange & Carpenter, and the Reply. This Motion is DENIED on its merits. This action is closed, and no further motions or documents may be filed. (ama)
January 16, 2009 Filing 170 REPLY support MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 #164 REPLY MEMORANDUM IN SUPPORT OF MOTION FOR CLARIFICATION filed by Plaintiff Vibhu Talwar. (Attachments: #1 Supplement)(Fisher, Barry)
January 12, 2009 Filing 169 MEMORANDUM in Opposition to MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 #164 filed by Plaintiff Vibhu Talwar. (Attachments: #1 Declaration of Carpenter in Opposition to Fleishman & Fisher's Motion for an Order "Clarifying and Enforcing" Attorney's Fees Order, #2 Supplement Request for Judicial Notice in Opposition to Fleishman & Fisher's Motion for an Order "Clarifying and Enforcing" Attorney's Fees Order)(Carpenter, Gretchen)
January 7, 2009 Filing 168 NOTICE OF LODGING filed re MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 #164 (Attachments: #1 Proposed Order)(Fisher, Barry)
January 6, 2009 Opinion or Order Filing 167 ORDER ON STIPULATION TO CONTINUE HEARING ON MOTION TO CLARIFY AND ENFORCE ATTORNEYS FEES ORDER OF JULY 29, 2008 by Judge Florence-Marie Cooper: re MOTION #164 . Motion hearing continued to 2/2/2009 at 10:00 AM before Judge Florence-Marie Cooper. (ama)
January 2, 2009 Filing 166 STIPULATION to Continue Hearing on Motion to Clarify and Enforce Attorney's Fees Order of July29, 2008 from January 26, 2009 to February 2, 2009 Re: Order,,,, #156 filed by Plaintiff Vibhu Talwar.(Carpenter, Gretchen)
December 31, 2008 Filing 165 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed document was not submitgted as a separate attachment. Proposed order is not attached. See GO 08-02 regarding electronically filed proposed documents. RE: MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order, #156 #164 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (shb)
December 29, 2008 Filing 164 NOTICE OF MOTION AND MOTION for Relief from judgement and order re Minutes of In Chambers Order/Directive - no proceeding held #163 , Order,,,, #156 filed by plaintiff Vibhu Talwar. Motion set for hearing on 1/26/2009 at 10:00 AM before Judge Florence-Marie Cooper. (Attachments: #1 Declaration of Barry Fisher and exhibits)(Fisher, Barry)
November 6, 2008 Opinion or Order Filing 163 MINUTES OF IN CHAMBERS ORDER ON EX PARTE APPLICATION by Judge Florence-Marie Cooper: re EX PARTE APPLICATION #161 , Objection/Opposition #162 . No good cause having been shown, the Application is DENIED. (ama)
November 5, 2008 Filing 162 Opposition to Ex Parte Application re: EX PARTE APPLICATION to Enforce Attorney fees order #161 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Attachments: #1 Declaration of Gretchen Carpenter in Support of Strange & Carpenter's Opposition to Ex Parte Application)(Carpenter, Gretchen)
November 3, 2008 Filing 161 EX PARTE APPLICATION to Enforce Attorney fees order filed by plaintiff Vibhu Talwar, Patrick Finkelstein. (Attachments: #1 Declaration of Fisher, #2 Proposed Order)(Fisher, Barry)
August 4, 2008 Filing 160 NOTICE of Entry of Amended Notice of Entry of Final Approval Order and Judgment and Order Awarding Attorneys' Fees, re: Judgment,,,, #157 , Order,,,, #156 , filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Carpenter, Gretchen)
August 4, 2008 Filing 159 NOTICE of Entry of Final Approval Order and Judgment and Order Awarding Attorneys' Fees filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Carpenter, Gretchen)
August 1, 2008 Filing 158 NOTICE OF CLERICAL ERROR: Due to clerical error Re Final Approval Order and Judgment #157 . Following amount should be omitted,"in the amount of $900,000." The correct sentence should be "Counsel for plaintiffs are awarded costs, expenses, and attorneys' fees as follows: $159,013.92 to Fleishman & Fisher and $584,840.94 to Strange & Carpenter, for a total award of $743,854.86. (sch)
July 29, 2008 Opinion or Order Filing 157 FINAL APPROVAL ORDER AND JUDGMENT by Judge Florence-Marie Cooper, in favor of Patrick Finkelstein, Vibhu Talwar against Creative Labs Inc Related to: Notice of Lodging, #151 . Counsel for plaintiffs are awarded costs, expenses, and attorneys fees as follows: $159,013.92 to Fleishman & Fisher and $584,840.94 to Strange & Carpenter, for a total award of $743,854.86. This award represents fair and reasonable compensation for their work in connection with the Litigation, to be paid as set forth in the Agreement and in accordance with the Courts Order Awarding Attorneys Fees. This award is the total obligation of Creative to pay attorneys fees, costs and expenses of any kind to counsel for plaintiffs. Plaintiffs Talwar and Finkelstein are awarded incentive awards in the amount of $5,000 each, as fair and reasonable compensation for their services as class representatives, such amounts to be paid as set forth in the Agreement. This award is the total obligation of Creative to pay awards of any kind to plaintiffs Talwar and Finkelstein. (See Order for Further Details). (MD JS-6, Case Terminated). (sch) Modified on 8/1/2008 (sch). Modified on 8/1/2008 (sch).
July 29, 2008 Opinion or Order Filing 156 ORDER AWARDING ATTORNEYS FEES by Judge Florence-Marie Cooper: re First APPLICATION for Attorney Fees #137 . This matter is before the Court on Plaintiffs Motion for Award of Attorneys Fees, Costs and Expenses to Fleishman & Fisher (docket no. 136) and on Class Counsels Application for an Award of Attorneys Fees, Costs and Incentive Awards (docket no. 137), filed May 15, 2008. The Court has read and considered the moving, opposition, reply, and supplemental documents submitted in connection with this motion. This matter was heard on July 7, 2008, as part of the Final Approval Hearing of the settlement in this case. Following oral argument, the matter was taken under submission. The Court awards fees as follows: The total award of fees and costs is $743,854.86. Of this amount, $159,013.92 is specifically awarded to Fleishman & Fisher. The remainder, $584,840.94, is awarded to Strange & Carpenter. Defendant shall pay the total award as provided for in the Settlement Agreement. Strange & Carpenter is ordered to pay $159,013.92 to Fleishman & Fisher within ten days of receiving payment from Defendants. (ama)
July 11, 2008 Filing 154 SUPPLEMENT to First APPLICATION for Attorney Fees and incentive awards #137 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Declaration Declaration of Brian R. Strange)(Strange, Brian)
July 7, 2008 Opinion or Order Filing 155 LETTER FROM ATTORNEY GENERAL OF TEXAS TO DISAPPROVE THE PROPOSED SETTLEMENT ordered filed by Judge Florence-Marie Cooper. (ama)
July 7, 2008 Filing 153 MINUTES OF HEARING ON MOTIONS:for SETTLEMENT APPROVAL #140 for ATTORNEY FEES [136 & 137] held before Judge Florence-Marie Cooper:The Court indicates tentative approval but allows additional detailed statements to be filed by July 11, 2008. The Court takes its ruling UNDER SUBMISSION. The Court will issue a separate order.The hearing dates on the Motions re Attorney Fees are removed from the Courts calendar.Court Reporter: S Becerra. (ama)
July 7, 2008 Filing 152 MINUTES OF HEARING ON MOTIONS:for SETTLEMENT APPROVAL #140 for ATTORNEY FEES [136 & 137] held before Judge Florence-Marie Cooper: The Court indicates tentative approval but allows additional detailed statements to be filed by July 11, 2008. The Court takes its ruling UNDER SUBMISSION. The Court will issue a separate order.Court Reporter: S Becerra.#(ama)
July 3, 2008 Filing 151 NOTICE OF LODGING filed Proposed Final Approval Order and Judgment re MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 , Declaration (Motion related) #141 , Memorandum in Support of Motion, #144 , Declaration (Motion related), Declaration (Motion related) #145 , First APPLICATION for Attorney Fees and incentive awards #137 (Attachments: #1 Proposed Order Final Approval Order and Judgment)(Strange, Brian)
July 2, 2008 Filing 150 NOTICE Of Oral Argument On Class Counsel's Application For An Award Of Attorneys' Fees, Costs And Incentive Award filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Strange, Brian)
July 1, 2008 Opinion or Order Filing 149 LETTER FROM CLASS MEMBER ORDERED FILED by Judge Florence-Marie Cooper. (ama)
July 1, 2008 Opinion or Order Filing 148 LETTER FROM CLASS MEMBER ORDERED FILED by Judge Florence-Marie Cooper. (ama)
July 1, 2008 Opinion or Order Filing 147 MINUTES OF IN CHAMBERS ORDER CLARIFYING COURT'S RESPONSE TO LETTERS by Judge Florence-Marie Cooper: re: Notice of Document Discrepancies and Order #139 , Notice of Document Discrepancies and Order #134 . The Court, through inadvertent clerical error, rejected from filing two letters that were received from class members [134 & 139]. The Court hereby ORDERS both letters filed. All letters from class members will be considered by the Court. (ama)
June 30, 2008 Filing 146 Defendant Creative Labs, Inc.'s Certification re Notice of Class Action Settlement filed by Defendant Creative Labs Inc re: MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 (Slaughter, Daniel)
June 30, 2008 Filing 145 DECLARATION of Daniel K. Slaughter MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 Declaration of Daniel K. Slaughter re Notice to Appropriate Federal and State Officials of Class Action Settlement [28 USC 1715] filed by Defendant Creative Labs Inc. (Attachments: #1 Exhibit A, #2 Declaration B)(Slaughter, Daniel)
June 30, 2008 Filing 144 MEMORANDUM in Support of MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 in Support of Final Approval of Class Action Settlement [FRCP 23] filed by Defendant Creative Labs Inc. (Slaughter, Daniel)
June 27, 2008 Filing 143 JOINT LIST OF TIMELY FILED EXCLUSIONS TO CLASS ACTION SETTLEMENT re MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 filed by Plaintiff Vibhu Talwar. (Carpenter, Gretchen)
June 23, 2008 Filing 142 RESPONSE IN SUPPORT To Objections to Class Action Settlement filed by Plaintiff Vibhu Talwar. (Carpenter, Gretchen)
June 23, 2008 Filing 141 DECLARATION of Brian R. Strange in support of MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities #140 filed by Plaintiff Vibhu Talwar. (Carpenter, Gretchen)
June 23, 2008 Filing 140 NOTICE OF MOTION AND MOTION for Settlement Approval of Final approval of settlement ; Memorandum of Points and Authorities filed by plaintiff Vibhu Talwar. Motion set for hearing on 7/7/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Carpenter, Gretchen)
June 11, 2008 Opinion or Order Filing 139 NOTICE OF DISCREPANCY AND ORDER REJECTING Letter by Judge Florence-Marie Cooper, (yl)
May 19, 2008 Opinion or Order Filing 138 MINUTES OF IN CHAMBERS ORDER CONTINUING APPLICATION HEARING DATE by Judge Florence-Marie Cooper : re First APPLICATION for Attorney Fees #137 . Motion hearing continued to 7/14/2008 at 10:00 AM before Judge Florence-Marie Cooper. (ama)
May 16, 2008 Filing 137 First APPLICATION for Attorney Fees and incentive awards filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein.Application set for hearing on 7/7/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Attachments: #1 Declaration Declaration of Brian Strange)(Carpenter, Gretchen)
May 16, 2008 Filing 136 NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff Vibhu Talwar, Patrick Finkelstein.Motion set for hearing on 7/14/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Attachments: #1 part 2 of 5#2 part 3 of 5#3 part 4 of 5#4 part 5 of 5)(Fisher, Barry)
May 12, 2008 Filing 135 NOTICE of Change of Attorney Information for attorney Stephen Ned Goldberg counsel for Defendant Creative Labs Inc. Changing address and firm name to 2049 Century Park East, Suite 700 Los Angeles, CA 90067. Changing fax number to 310.772.8301. Stephen Ned Goldberg will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Stephen Ned Goldberg is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Former Counsel for Defendant Stephen Ned Goldberg (Goldberg, Stephen)
May 12, 2008 Opinion or Order Filing 134 NOTICE OF DISCREPANCY AND ORDER: by Judge Florence-Marie Cooper, ORDERING Letter from the member of the plaintiff class re Notice of Pendency of Class Action and Proposed Settlement received on 5/5/08 is not to be filed but instead rejected. Denial based on: Communication with the Judge improper - Local Rule 83-2.11 (sch)
April 1, 2008 Opinion or Order Filing 133 ORDER GRANTING PRELIMNARY APPROVAL OF CLASS SETTLEMENT by Judge Florence-Marie Cooper: re REQUEST for Order for Granting Preliminary Approval of Class Action Settlement #130 . (ama)
April 1, 2008 Opinion or Order Filing 132 AMENDED CLASS CERTIFICATION ORDER by Judge Florence-Marie Cooper: re MOTION for Order for Amended Class Certification #129 . (ama)
March 31, 2008 Opinion or Order Filing 131 ORDER GRANTING STIPULATION TO CONTINUE DEADLINE TO SUBMIT REVISED SETTLEMENT AGREEMENT AND NOTICE by Judge Florence-Marie Cooper: re Stipulation #127 . It is hereby ordered that the deadline for counsel to submit a revised settlement agreement and Notice is extended until March 28, 2008. (ama)
March 28, 2008 Filing 130 REQUEST for Order for Granting Preliminary Approval of Class Action Settlement filed by Plaintiff Vibhu Talwar, Patrick Finkelstein.Request set for hearing on 3/17/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Carpenter, Gretchen)
March 28, 2008 Filing 129 NOTICE OF MOTION AND MOTION for Order for Amended Class Certification filed by Plaintiff Vibhu Talwar, Patrick Finkelstein.Motion set for hearing on 3/17/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Carpenter, Gretchen)
March 28, 2008 Filing 128 SETTLEMENT AGREEMENT Dated March 26, 2008 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Carpenter, Gretchen)
March 25, 2008 Filing 127 STIPULATION to Continue Deadline to Submit Revised Settlement Agreement and Notice from March 24, 2008 to March 28, 2008 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Attachments: #1 Proposed Order Granting Stipulation to Continue Deadline)(Carpenter, Gretchen)
March 17, 2008 Filing 126 MINUTES OF HEARING OF MOTION FOR SETTLEMENT APPROVAL OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT held before Judge Florence-Marie Cooper :, RE: MOTION for Settlement Approval #122 .The Court hears oral argument in the above-referenced motion(s). The Motion is GRANTED. Counsel will file a revised Notice within a week. The Court will withhold signing the Order on the Motion until the it receives the revised Notice. Court Reporter: S. Becerra. (ama)
March 7, 2008 Opinion or Order Filing 124 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Florence-Marie Cooper ORDERING Defendant Creative Labs, Inc.'s Memorandum in Support of Preliminary Approval of Class Action Settlement submitted by Defendant Creative Labs Inc received on 03/05/2008 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ama)
March 5, 2008 Filing 125 DEFENDANT CREATIVE LABS, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT in Support of MOTION for Settlement Approval #122 . filed by Defendant Creative Labs Inc. (ama)
March 4, 2008 Filing 123 MEMORANDUM in Support of MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #122 filed by Defendant Creative Labs Inc. (Slaughter, Daniel)
February 22, 2008 Filing 122 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein.Motion set for hearing on 3/17/2008 at 10:00 AM before Judge Florence-Marie Cooper. (Attachments: #1 Declaration Declaration of Brian R. Strange#2 Proposed Order Proposed Order Granting Preliminary Approval of Settlement#3 Proposed Order Proposed Amended Class Certification Order)(Carpenter, Gretchen)
January 9, 2008 Filing 120 NOTICE Notice Order re Electronic Filing Procedures for Judge Cooper filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (Carpenter, Gretchen)
January 7, 2008 Opinion or Order Filing 121 ORDER by Judge Florence-Marie Cooper GRANTING REQUEST to Substitute attorney Daniel K. Slaughter in place of attorney Stephen N. Goldberg #118 for Defendant Creative Labs Inc (mg)
January 7, 2008 Opinion or Order Filing 119 MINUTES OF IN CHAMBERS ORDER RE ELECTRONIC FILING PROCEDURES FOR JUDGE COOPER by Judge Florence-Marie Cooper : SEE ORDER FOR DETAILS. (csl)
January 4, 2008 Filing 118 REQUEST to Substitute attorney Daniel K. Slaughter in place of attorney Stephen N. Goldberg filed by defendant Creative Labs Inc.Request set for hearing on 1/11/2008 at 08:30 AM before Judge Florence-Marie Cooper. (Attachments: #1 Proposed Order Approving Substitution of Attorney#2 Declaration of Service)(Goldberg, Stephen)
November 16, 2007 Opinion or Order Filing 117 STIPULATION AND ORDER by Judge Florence-Marie Cooper to Continue Trial-Related Dates: Fact Discovery cut-off continued to 2/5/2008; Amended Pleadings due by 2/5/2008. Intitial expert witness exchange deadline 4/4/08; Supplemental expert witness exchange deadline 4/25/08; Expert discovery 5/16/08; Final Pretrial Conference continued to 6/23/2008 at 09:30 AM. Jury Trial continued to 7/22/2008 at 09:00 AM before Judge Florence-Marie Cooper. (mg)
September 4, 2007 Opinion or Order Filing 116 STIPULATION TO CONTINUE TRIAL-RELATED DATES; ORDER by Judge Florence-Marie Cooper: Final Pretrial Conference continued to 3/24/2008 09:30 and Jury Trial to 4/22/2008 09:00 AM (see Order for additional dates/deadlines).(ama)
June 18, 2007 Opinion or Order Filing 115 STIPULATION AND ORDER by Judge Florence-Marie Cooper: The Court extends all trial-related dates and deadlines as follows: The fact discovery cut-off is continued to 9/4/2007; the cut-off date for joining parties or Amending Pleadings is continued to 9/4/2007. the initial expert witness exchange deadline is continued to 10/26/2007; the supplemental expert witness exchange deadline is continued to 11/15/2007; the cut-off date for hearing motions is continued to 12/3/2007; the expert discovery cut-off is continued to 12/14/2007; the Final Pretrial Conference is continued to 1/28/2008 at 9:30 AM; and the Trial date is continued to 2/19/2008 at 9:00 AM. IT IS SO ORDERED.(pcl)
May 31, 2007 Filing 111 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : re: MOTION to Compel 107 . The motion is granted. See document for further details.(yb)
May 31, 2007 Filing 110 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : re: MOTION to Compel Answers to Interrogatories 105 . The motion is denied. See document for further details.(yb)
May 31, 2007 Filing 109 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : re: MOTION to Compel 107 , MOTION to Compel Answers to Interrogatories 105 .The clerk faxed to counsel tentative order(s) re the motions listed above on May 30, 2007. All counsel have informed the clerk that they are willing to submit on the tentative order(s). Therefore, the tentative order(s) will be issued as final orders and the hearing on the motion(s) is taken off calendar.(yb)
May 21, 2007 Filing 114 SUPPLEMENTAL MEMORANDUM Re MOTION to Compel Answers to Interrogatories 105 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (ad)
May 21, 2007 Filing 113 SUPPLEMENTAL MEMORANDUM Re MOTION to Compel 107 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (ad)
May 21, 2007 Filing 112 SUPPLEMENTAL MEMORANDUM in support of MOTION to Compel Plaintiffs Further Responses to Creatives Fourth Set of Inspection Demands and First Set of Interrogatories filed by Defendant Creative Labs Inc. 105 filed by Defendant Creative Labs Inc. (ca)
May 9, 2007 Filing 108 SEALED DOCUMENT - JOINT STIPULATION Re: Motion to Compel Production of Unredacted Documents 107 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (jd, ) (eb).
May 9, 2007 Filing 107 NOTICE OF MOTION AND MOTION to Compel Production of Unredacted Documents filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. Motion set for hearing on 6/4/2007 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (jd, )
May 7, 2007 Filing 106 JOINT STIPULATION re re MOTION to Compel Answers to Interrogatories 105 filed by Defendant Creative Labs Inc. (jd, )
May 7, 2007 Filing 105 NOTICE OF MOTION AND MOTION to Compel Further Responses to Creatives 4th Set of Inspection Demands and First Set of Interrogatories filed by Defendant Creative Labs Inc. Motion set for hearing on 6/4/2007 at 10:00 AM before Magistrate Judge Andrew J. Wistrich. (jd, )
April 6, 2007 Opinion or Order Filing 104 ORDER Granting Plaintiffs Application to Unseal Redacted Class Certification Order by Judge Florence-Marie Cooper: The Court hereby GRANTS Plaintiffs Application and directs that the redacted copy of this Courts 3/14/2007 Order Granting Plaintiffs Motion for Class Certification, attached to the concurrently-filed Declaration of Gretchen Carpenter as Exhibit "A", be placed in the public file for this action. IT IS SO ORDERED. (pcl, )
April 5, 2007 Filing 103 DECLARATION of Gretchen Carpenter in Support of APPLICATION to Unseal Redacted Class Certification Order 102 filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (pcl, )
April 5, 2007 Filing 102 APPLICATION to Unseal Redacted Class Certification Order #101 filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (pcl, )
March 27, 2007 Opinion or Order Filing 100 STIPULATION AND ORDER by Judge Florence-Marie Cooper: IT IS ORDERED that the fact discovery cut-off date should be continued until 7/3/2007; the cut-off date for joining parties or amending pleadings should be continued until 7/3/2007; the initial expert witness exchange deadline should be continued until 8/24/2007; the supplemental expert witness exchange deadline should be continued until 9/13/2007; the cut-off date for hearing motions should be continued until 10/1/2007; the expert discovery cut-off should be continued until 10/12/2007; the Final Pretrial Conference in continued to 10/22/2007 at 9:30 AM; and the Trial is continued to 11/13/2007 at 9:00 AM. (pcl, )
March 27, 2007 Set Deadlines: Amended Pleadings due by 7/3/2007. Discovery cut-off 7/3/2007. Motions due by 10/1/2007. (pcl, )
March 19, 2007 Filing 99 TRANSCRIPT filed for proceedings held on 3/12/07. Court Reporter: Pat Cuneo. (lom)
March 14, 2007 Opinion or Order Filing 101 *SEALED DOCUMENT* ORDER by Judge Florence-Marie Cooper granting MOTION for Class Certification 62 #63 (esa, ) (eb).
March 12, 2007 Filing 98 MINUTES OF Motion Hearing held before Judge Florence-Marie Cooper: Hearing of Plaintiffs Motions For Class Certification 62 #63 . The Court hears oral argument in the above-referenced motion(s). The Court takes its ruling UNDER SUBMISSION. A Separate final order will be issued. Court Reporter: Pat Cuneo. (pcl, )
February 26, 2007 Opinion or Order Filing 96 STIPULATION AND ORDER by Judge Florence-Marie Cooper: IT IS ORDERED that the hearing on plaintiffs Motion for class certification 62 be further continued until 3/12/2007 at 10:00 AM. (pcl, )
February 22, 2007 Filing 95 MINUTES (IN CHAMBERS) by Judge Florence-Marie Cooper: This matter is before the Court on Plaintiffs MOTION for Class Certification 62 #63 . The Court continues the motion hearing from 2/26/2007 at 10:00 AM to 3/5/2007 at 10:00 AM. Parties notified telephonically. Court Reporter: Not present. (pcl, )
February 20, 2007 Filing 97 Plaintiffs' RESPONSE to Creative Labs,Inc's Surreply in Opposition to MOTION for Class Certification #63 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (shb, )
February 6, 2007 Filing 94 DECLARATION of Lisa OMalley in Support of Unopposed APPLICATION to Maintain Seal on Confidential Documents filed by defendant Creative Labs Inc. (pcl, )
February 6, 2007 Opinion or Order Filing 93 Unopposed Application and ORDER by Judge Florence-Marie Cooper: IT IT ORDERED that the redacted copy of plaintiffs reply brief filed on 12/22/2006 shall remain in the public file. The unredacted copy of that document shall be retained in the sealed envelope and may not be viewed by anyone except the parties to this action, their counsel or the Court pursuant to the terms of the 3/21/2006 Confidentiality Order entered by this Court or further Court order.(pcl, )
February 6, 2007 Opinion or Order UNOPPOSED APPLICATION and Order by Judge Florence-Marie Cooper: IT IT ORDERED that the redacted copy of plaintiffs reply brief filed on 12/22/2006 shall remain in the public file. The unredacted copy of that document shall be retained in the sealed envelope and may not be viewed by anyone except the parties to this action, their counsel or the Court pursuant to the terms of the 3/21/2006 Confidentiality Order entered by this Court or further Court order. (pcl, )
January 12, 2007 Opinion or Order Filing 87 STIPULATION TO CONTINUE TRIAL-RELATED DATES; ORDER by Judge Florence-Marie Cooper: Final Pretrial Conference set for 7/23/2007 09:30 AM and Jury Trial set for 8/14/2007 09:00 AM. (see Order for additional dates/deadlines)(ama, )
January 4, 2007 Filing 92 SURREPLY in OPPOSITION to MOTION to Class Certification #63 filed by defendant Creative Labs Inc. (jag, )
January 4, 2007 Opinion or Order Filing 86 ORDER by Judge Florence-Marie Cooper: IT IS ORDERED that the EX PARTE APPLICATION for Leave to File Surreply 84 is granted, and the Surreply deemed filed. The hearing date for the Class Certification Motion is continued to 2/26/2007 at 10:00 AM.(pcl, )
January 3, 2007 Filing 85 PROOF OF SERVICE filed by defendant Creative Labs Inc, re EX PARTE APPLICATION for Leave to File Surreply 84 , served on 1/3/2007. (pcl, )
January 3, 2007 Filing 84 EX PARTE APPLICATION for Leave to File Surreply in Opposition to Plaintiffs Motion for Class Certification; Declaration of Daniel K Slaughter and Memorandum in Support thereof filed by defendant Creative Labs Inc. Lodged proposed order. (pcl, )
January 3, 2007 Opinion or Order Filing 83 Defendant Creative Labs Unopposed Application to Maintain Seal on Confidential Documents and ORDER by Judge Florence-Marie Cooper: The redacted copies of the documents filed in this action on 11/13/2006 and 12/5/2006 shall remain in the public file. The unredacted copies of those documents shall be retained in the sealed envelopes in which they were originally filed, and may not be viewed by anyone except the parties to this action, their counsel or the court, or pursuant to the terms of the 3/21/2006 confidentiality Order entered by this Court or further Court order.(pcl, )
January 3, 2007 Opinion or Order Defendant Creative Labs UNOPPOSED APPLICATION to Maintain Seal on Confidential Documents and Order by Judge Florence-Marie Cooper: The redacted copies of the documents filed in this action on 11/13/2006 and 12/5/2006 shall remain in the public file. The unredacted copies of those documents shall be retained in the sealed envelopes in which they were originally filed, and may not be viewed by anyone except the parties to this action, their counsel or the court, or pursuant to the terms of the 3/21/2006 confidentiality Order entered by this Court or further Court order. (pcl, )
December 26, 2006 Filing 91 SEALED DOCUMENT-PLAINTIFFS REPLY IN SUPPORT OF MOTION FOR Class Certification . (yl, ) Modified on 1/17/2007 (yl, ). (eb).
December 26, 2006 Filing 90 DECLARATION of Gretchen Carpenter In Support of Plaintiff's Reply in Support of Motion for Class Certification filed by Plaintiff Vibhu Talwar, Patrick Finkelstein. (yl, )
December 26, 2006 Filing 89 REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION 84 filed by Plaintiff Vibhu Talwar, Patrick Finkelstein. (yl, )
December 26, 2006 Filing 88 DECLARATION of LISA O'MALLEY IN Support of Unopposed APPLICATION for Order for to Maintain Seal on Confidential Documents 49 filed by Defendants Creative Labs Inc. (yl, )
December 20, 2006 Opinion or Order Filing 73 STIPULATION AND ORDER by Judge Florence-Marie Cooper: Plaintiffs reply is support of their motion for class certification shall be filed on or before 12:00 noon on 12/22/2006 and plaintiffs will serve their reply papers on defendants counsel, Daniel K Slaughter and Stephen N Goldberg, by personal delivery, e-mail or fax, on or before 12:00 noon on 12/22/2006 and (2) defendant opposition and plaintiffs reply briefs may exceed the 25 page limit by up to 10 pages. IT IS SO ORDERED. (pcl, )
December 5, 2006 Filing 82 PROOF OF 0vernight courier SERVICE on 12/5/06 of various Opposition to Motion for class certification 69 , 70 , 71 , 72 , 74 , 75 , 76 , 77 , #78 , #79 , #80 , #81 (see document for list) filed by defendant Creative Labs Inc (lc, )
December 5, 2006 Filing 81 SEALED DOCUMENT-OPPOSITION to MOTION for class certification (lc, ) (eb).
December 5, 2006 Filing 80 SEALED DOCUMENT-DECLARATION of Daniel K Slaughter in opposition to class certification (lc, ) (eb).
December 5, 2006 Filing 79 SEALED DOCUMENT-DECLARATION of Itamar Simonson, PhD (lc, ) (eb).
December 5, 2006 Filing 77 NOTICE OF LODGING (attached) CD with packaging images exhibit B to declaration of Daniel K Slaughter in opposition to class certification motion filed by defendants Creative Labs Inc. (lc, )
December 5, 2006 Filing 76 REQUEST FOR ORAL ARGUMENT re MOTION to Certify Class 62 filed by defendant Creative Labs Inc. (lc, )
December 5, 2006 Filing 75 DECLARATION of Lisa O'Malley in opposition re MOTION to Certify Class 62 filed by defendant Creative Labs Inc. (lc, )
December 5, 2006 Filing 74 DECLARATION of Lee Morse in opposition re MOTION to Certify Class 62 filed by defendant Creative Labs Inc. (lc, )
December 5, 2006 Filing 72 EVIDENTIARY OBJECTIONS TO, AND MOTION to Strike Portions of, Declaration of Leana Golubchik, Ph.D., and Exhibit B thereto, in support of Plaintiffs Motion for Class Certification filed by defendant Creative Labs Inc. (jp)
December 5, 2006 Filing 71 DECLARATION of ITAMAR SIMONSON, PhD re 62 filed by defendant Creative Labs Inc. VERSION REDACTED FOR CONFIDENTIALITY. (jp)
December 5, 2006 Filing 70 DECLARATION of DANIEL K. SLAUGHTER in Opposition toClass Certification Motion 62 filed by defendant Creative Labs Inc. (jp)
December 5, 2006 Filing 69 OPPOSITION to Plaintiffs MOTION for Class Certification 62 filed by defendant Creative Labs Inc. (jp)
December 4, 2006 Filing 78 SEALED DOCUMENT-DECLARATION of Lee Morse in opposition to class certification MOTION Creative Labs Inc (lc, ) (eb).
November 14, 2006 Opinion or Order Filing 61 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Florence-Marie Cooper ORDERING Under Seal Motion for Class Certification; (Redacted) Motion for Class Certification; Notice of Motion for Class Certification; Declaration of Jill Hood; Declaration of Brian R Strange; Declaration of Leana Golubchik, Phd., and Request for Judicial Notice submitted by Plaintiff Patrick Finkelstein received on 11/13/2006 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(pcl, )
November 13, 2006 Filing 68 REQUEST FOR JUDICIAL NOTICE in Support of Motion for Class Certification filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (pcl, )
November 13, 2006 Filing 67 DECLARATION of Jill Hood in Support of MOTION for Class Certification filed by plaintiff Vibhu Talwar, Patrick Finkelstein. (pcl, )
November 13, 2006 Filing 66 DECLARATION of Brian R Strange in Support of MOTION for Class Certification filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (pcl, )
November 13, 2006 Filing 65 DECLARATION of Leana Golubchik, PhD in Support of MOTION for Class Certification filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (pcl, )
November 13, 2006 Filing 64 NOTICE OF MOTION for Class Certification filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Florence-Marie Cooper. (pcl, )
November 13, 2006 Filing 63 SEALED DOCUMENT - Plaintiffs MOTION for Class Certification; Memorandum of Points and Authorities (pcl, ) (eb).
November 13, 2006 Filing 62 REDACTED - MOTION for Class Certification; Memorandum of Points and Authorities filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. Motion set for hearing on 1/8/2007 at 10:00 AM before Judge Florence-Marie Cooper. (pcl, )
September 8, 2006 Filing 60 ANSWER to Second Amended Complaint #43 filed by defendant Creative Labs Inc.(jp)
September 1, 2006 Opinion or Order Filing 59 STIPULATION TO CONTINUE CLASS CERTIFICATION AND TRIAL-RELATED DATES; ORDER by Judge Florence-Marie Cooper: Final Pretrial Conference continued to 6/4/2007 09:30 AM and Jury Trial to 6/26/2007 09:00 AM. (see order for other dates/deadlines set). (ama, )
August 21, 2006 Filing 55 UNOPPOSED APPLICATION and ORDER by Florence-Marie Cooper: The Court grants defendant Creative Labs unopposed application for an order maintaining the seal on certain confidential information. (See document for further details.) (pcl, )
August 21, 2006 UNOPPOSED APPLICATION and ORDER by Florence-Marie Cooper: The Court grants defendant Creative Labs unopposed application for an order maintaining the seal on certain confidential information. (See document for further details.) (pcl, )
August 11, 2006 Opinion or Order Filing 54 ORDER DENYING DEFENDANT'S MOTION TO DISMISS by Judge Florence-Marie Cooper: re MOTION to Dismiss Case 44 . The Court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for August 14, 2006, is removed form the Court's calendar. For the reasons and in the manner set forth below, the Court hereby DENIES Defendant's Motion to Dismiss. (ama, )
August 7, 2006 Filing 58 REQUEST FOR JUDICIAL NOTICE in support of MOTION to Dismiss (FRCP 12(b)(6)) 44 filed by defendant Creative Labs Inc. (jp)
August 7, 2006 Filing 57 DECLARATION of DANIEL K. SLAUGHTER in support of MOTION to Dismiss (FRCP 12(b)(6)) 44 filed by defendant Creative Labs Inc. (jp)
August 7, 2006 Filing 56 REPLY MEMORANDUM in support of MOTION to Dismiss (FRCP 12(b)(6)) 44 filed by defendant Creative Labs Inc. (jp)
July 20, 2006 Filing 53 OPPOSITION TO DEFENDANT'S MOTION to Dismiss Case 44 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (yl, )
July 20, 2006 Filing 52 SEALED DOCUMENT-PLAINTIFF'S OPPOSITION to Defendant's MOTION to Dismiss Case 44 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (yl, ) (eb).
July 11, 2006 Filing 51 STIPULATION TO CONTINUE HEARING And Briefing Dates on Defendant's MOTION to Dismiss Case and ORDER 44 : NOW THEREFORE, the parties hereby stipulate and agree that the hearing on the Motion will be continued from 7/24/2006 to 8/14/2006 at 10:00 AM before Judge Florence-Marie Cooper. Plaintiff's opposition will be filed and served by fax or e-mail on or before 7/20.2006. Defendant's reply will be filed and served on or before 8/7/2006(yl, )
July 5, 2006 Opinion or Order Filing 47 DEFENDANT CREATIVE LAVBS, INC'S UNOPPOSED APPLICATION TO MAINTAIN SEAL ON CONFIDENTIAL DOCUMENTS AND ORDER by Judge Florence-Marie Cooper: IT IS SO ORDERED.(shb, )
June 30, 2006 Filing 50 DECLARATION of Lisa O' Malley In Support of Unopposed APPLICATION to Maintain Seal on Confidential Documents 49 filed by Defendant Creative Labs Inc. (yl, )
June 30, 2006 Filing 49 UNOPPOSED APPLICATION to Maintain Seal on Confidential Documents filed by Defendant Creative Labs Inc. Application set for hearing on 7/24/2006 at 10:00 AM before Magistrate Judge Paul L. Abrams. (yl, )
June 29, 2006 Opinion or Order Filing 46 STIPULATION AND ORDER by Judge Florence-Marie Cooper: Resetting deadline as to Stipulation and Order, #21 , Stipulation and Order #33 . NOW THEREFORE, the parties stipulate and request that the Court exend the deadline for Plaintiffs' fo rile their motion for class certification and all trial-related dates and deadlines. Plaintiff's deadline to file their motion for class certification shall be continued from July 17, 2006 to October 2, 2006, and opposition papers due on October 24, 2006, reply papers due November 6, 2006 and the hearing on November 27, 2006 at 10:00 a.m. The parties further agree that the fact discovery cut-off date should be continued to January 3, 2007, the cut-off date for joining parties or amending pleadings is continued to January 3, 2007; the initial expert witness exchange deadline should be contunued until February 23, 2007; the supplemental expert witness exchange deadline should be continued until March 15, 2007; the cut-off date for hearing motion s should be continued to April 7, 2007; the expert discovery cut-off should be continued until April 13, 2007; the final pretrial conference should be continued until April 23, 2007 at 9:30 a.m. and the trial date continued until may 15, 2007 at 9:00 a.m.. IT IS SO ORDERED..(shb, )
June 28, 2006 Filing 45 DEFENDANT CREATIVE LABS, INC'S REQUEST FOR JUDICIAL NOTICE in support of MOTION to Dismiss 44 filed by Defendant Creative Labs Inc. (shb, )
June 28, 2006 Filing 44 DEFENDANT CREATIVE LABS, INC'S NOTICE OF MOTION AND MOTION to Dismiss; Memorandum of points and authorities in support thereof filed by Defendant Creative Labs Inc. Motion set for hearing on 7/24/2006 at 10:00 AM before Judge Florence-Marie Cooper. (shb, )
June 14, 2006 Filing 43 SECOND AMENDED COMPLAINT against Defendant Creative Labs Inc amending Amended Complaint 5 , filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein (REDACTED VERSION) (shb, ) (eb).
June 14, 2006 Opinion or Order Filing 38 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS by Judge Florence-Marie Cooper: re MOTION to Amend/Correct Amended Complaint 27 and MOTION for Judgment 22 . The Court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. The Court deems this matter appropriate for decision without oral argument. Accordingly, the hearing set for June 19, 2006 is removed from the Court's calendar. For the reasons and in the manner set forth, the Court GRANTS Plaintiff's Motion for Leave to File Second Amended Complaint. The Second Amended Complaint lodged with the moving papers is deemed filed, effective today. Defendant's Motion for Judgment on the Pleadings is denied as moot.(ama, )
June 12, 2006 Filing 42 SEALED DOCUMENT-PLAINTIFF'S REPLY IN SUPPORT of MOTION for Leave to To File Second Amended Complaint #30 (yl, ) (eb).
June 12, 2006 Filing 41 SEALED DOCUMENT-DECLARATION of BRIAN R STRANGE In Support of Plaintiff's Reply in Support of MOTION for Leave to To File Second Amended Complaint #30 (yl, ) (eb).
June 12, 2006 Filing 40 PLAINTIFF'S REPLY IN SUPPORT of Motion for Leave to To File Second Amended Complaint #30 filed by Plaintiffs Vibhu Talwar and Patrick Finkelstein. (yl, )
June 12, 2006 Filing 39 DECLARATION of Brian R Strange In Support of MOTION for Leave to File Second Amended Complaint 5 27 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (yl, )
June 2, 2006 Filing 37 PROOF OF SERVICE filed by Defendant Creative Labs Inc,the Defendant's Opposition to Motion for Leave to File Second Amended Complaint and Declaration of Daniel K. Slaughter in Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint was served on 6/2/2006. (yl, )
June 2, 2006 Filing 36 OPPOSITION to MOTION for Leave to To File Second Amended Complaint #30 filed by Defendant Creative Labs Inc. (yl, )
June 2, 2006 Filing 35 DECLARATION of DANIEL K. SLAUGHTER IN OPPOSITION to MOTION for Leave To File Second Amended Complaint #30 filed by Defendant Creative Labs Inc. (yl, )
June 2, 2006 Opinion or Order Filing 34 STIPULATION TO CONTINUE HEARING ON MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND ORDER by Judge Florence-Marie Cooper: re MOTION for Leave to Amend 5 First Amended Complaint and to file Second Amended Complaint MOTION for Leave to To File Second Amended Complaint #30 Motion reset for hearing on 6/19/2006 at 10:00 AM before Judge Florence-Marie Cooper.(shb, )
June 2, 2006 Opinion or Order Filing 33 STIPULATION TO CONTINUE PLAINTIFF'S DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION AND ORDER by Judge Florence-Marie Cooper: The parties stipulate and request that the court extend the deadline for plaintiffs' to file their motion for class certification. Plaintiffs' deadline is continued to July 17, 2006, with opposition papers due on August 9, 2006, reply papers due August 23, 2006 ant the hearing on September 11, 2006 at 10:00 a.m. The class certification briefing and hearing dates set forth in the parties previoys stipulation and this court's order dated April 13, 2006 shall be vacated. All other deadlines including other deadlines set forth in the parties previous stipulation and this Court's order dated April 13, 2006 remain the same. IT IS SO ORDERED.(shb, )
May 19, 2006 Filing 32 SEALED DOCUMENT- DECLARATION of BRIAN R. STRANGE in Support of MOTION for Leave to To File Second Amended Complaint (yl, ) (eb).
May 19, 2006 Filing 31 SEALED DOCUMENT-DECLARATION of GRETCHEN CARPENTER In Support of MOTION for Leave to To File Second Amended Complaint (yl, ) (eb).
May 19, 2006 Filing 30 SEALED DOCUMENT-NOTICE OF MOTION AND MOTION for Leave to To File Second Amended Complaint; Memorandum of Points and Authorities (yl, ) (eb).
May 19, 2006 Filing 29 DECLARATION of Gretchen Carpenter in support of Motion for Leave to File Second Amended Complaint 5 27 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (shb, )
May 19, 2006 Filing 28 DECLARATION of Brian R Strange in Support of Motion for Leave to file Second Amended Complaint 5 27 filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (shb, )
May 19, 2006 Filing 27 NOTICE OF MOTION AND MOTION for Leave to Amend 5 First Amended Complaint and to file Second Amended Complaint; Memorandum of points and authorities filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. Motion set for hearing on 6/12/2006 at 10:00 AM before Judge Florence-Marie Cooper. Lodged redacted second amended complaint. (shb, )
April 21, 2006 Filing 24 MINUTES OF IN CHAMBERS ORDER by udge Florence-Marie Cooper: RE: MOTION for Judgment on the Pleadings 22 . Plaintiffs indicate they anticipate seeking permission to file a Second Amended Complaint, which would render this Motion moot. Any such application to amend must be filed within 30 days of the date of this Order. Accordingly, the hearing set for May 1, 2006 is removed from the Court's calendar, subject to being re-set if Plaintiff's Motionfor Leave to Amend is denied, or if Plaintiff does not seek leave to amend. (ama, )
April 17, 2006 Filing 26 REQUEST FOR JUDICIAL NOTICE in OPPOSITION to MOTION for Judgment on the Pleadings 22 filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (jag, )
April 17, 2006 Filing 25 OPPOSITION to MOTION for Judgment on the Pleadings 22 filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (jag, )
April 13, 2006 Opinion or Order Filing 21 STIPULATION AND ORDER by Judge Florence-Marie Cooper that the Court extends the deadlines for plaintiffs to file their motion class certification for the parties to exchange expert witness reports and for the expert discovery cutoff for approximately 60 days. Plaintiffs deadline to file their motion for class certification shall be continued from 4/17/06 to 6/16/06 with opposition papers due 7/10/06 reply papers due 7/24/06 and the hearing on 8/14/06 at 10:00am. Parties deadline to exchange initial expert reports shall be continued to 7/5/06; parties deadline to exchange supplemental expert reports shall be continued until 7/31/06; and all #12 expert discovery shall be continued until 9/1/2006. All other deadlines remain the same. (jag, )
April 10, 2006 Filing 23 REQUEST FOR JUDICIAL NOTICE in support of MOTION for Judgment on the Pleadings 22 filed by defendant Creative Labs Inc. (jag, )
April 10, 2006 Filing 22 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by defendant Creative Labs Inc. Motion set for hearing on 5/1/2006 at 10:00 AM before Judge Florence-Marie Cooper. (jag, )
March 21, 2006 Filing 20 DECLARATION of LISA O'MALLEY in support of REQUEST for entry of Stipulated Confidentiality Order #19 filed by Defendant Creative Labs Inc. (jag, )
March 21, 2006 Opinion or Order Filing 19 STIPULATION and CONFIDENTIALITY ORDER by Judge Andrew J. Wistrich (see document for details)(jag, )
January 3, 2006 Opinion or Order Filing 18 STIPULATION AND ORDER by Judge Florence-Marie Cooper that the Court EXTENDS the deadline for plaintiffs to file their motion for class certification for approximately 60 days to 4/17/06 with opposition papers due 5/10/06 reply papers due 5/24/06 and the hearing on 6/12/06 at 10:00am. The briefing and hearing dates set forth in the parties previous stipulation and this Courts order dated 12/8/05 shall be VACATED.(jag, )
December 8, 2005 Opinion or Order Filing 17 STIPULATION AND ORDER by Judge Florence-Marie Cooper that the deadline for plaintiffs to file their motion for class certification for approximately 60 days from 12/14/05 to 2/14/06 with opposition papers due 3/10/06, reply papers due 3/24/06 and the hearing on 4/10/06 at 10:00am. Briefing and hearing dates set forth in the parties previous stipulation and this Courts order dated 11/15/05 shall be vacated.(jag, )
December 8, 2005 PLACED IN FILE - NOT USED re Stipulation and Proposed Confidentiality Order submitted by plaintiffs and defendant Creative Labs Inc, Vibhu Talwar, Patrick Finkelstein. (yb, )
December 7, 2005 Opinion or Order Filing 16 MINUTES OF IN CHAMBERS ORDER by Judge Andrew J. Wistrich : ORDER RE STIPULATED PROTECTIVE ORDER. The parties' joint request for court approval of the stipulated protective order is denied without prejudice to its renewal on the basis of a more adequate record. Good cause for entry of a protective order by the court has not been shown. (yb, )
December 2, 2005 Filing 15 NOTICE of Change of Address by Stephen Ned Goldberg, Daniel K Slaughter attorney for Defendant Creative Labs Inc, changing address to 333 South Hope Street, Suite 3900 Los Angeles CA 90071-3043. Filed by defendant Creative Labs Inc (jag, )
November 21, 2005 Filing 14 NOTICE of Change of Address by Stephen Ned Goldberg attorney for Defendant Creative Labs Inc, changing address to 333 South Hope Street, 39th Floor Los Angeles CA 90071-3043. Filed by defendant Creative Labs Inc (jag, )
November 15, 2005 Opinion or Order Filing 13 STIPULATION AND ORDER by Judge Florence-Marie Cooper that plaintiffs deadline to file a motion for class certification should be continued until 12/14/05. Creatives opposition papers will be due on 1/10/06 and plaintiffs reply will be due on 1/30/06. Hearing will be held on 2/13/06.(jag, )
August 22, 2005 Opinion or Order Filing 12 ORDER FOR JURY TRIAL by Judge Florence-Marie Cooper, Amended Pleadings due by 7/3/2006. Discovery cut-off 7/3/2006. Motion Hearing deadline 8/21/2006. Final Pretrial Conference set for 9/11/2006 09:30 AM. Jury Trial set for 10/3/2006 09:00 AM. See Order for additional deadlines.(ama, )
August 22, 2005 Opinion or Order Filing 11 MINUTES OF IN CHAMBERS ORDER by Judge Florence-Marie Cooper : Scheduling Conference held; trial order will issue. (ama, )
August 15, 2005 Filing 10 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 3 - 7 days. (jag, )
July 12, 2005 Opinion or Order Filing 9 STIPULATION AND ORDER TO CONTINUE Deadline to File Motion for Class Certification by Judge Florence-Marie Cooper : WHEREAS, in light of the scheduling of this case, plaintiffs have reqeusted, and defendant has agreed to extend plaintiff's deadline to file a motion for class certification for approximately ninety days, until 11/14/2005. THEREFORE, the parties stipulate that plaintiff's deadline to file a motion for class certification should be continued until 11/14/2005. IT IS SO ORDERED.(yl, )
July 5, 2005 Filing 48 CERTIFICATION of Interested Parties filed by Defendant Creative Labs Inc. (shb, )
July 5, 2005 Filing 8 ANSWER to First Amended Complaint 5 filed by defendant, Creative Labs Inc.(sv)
July 5, 2005 Opinion or Order Filing 7 MINUTES OF Order Setting Schedule Conference (In Chambers) ORDER by Judge Florence-Marie Cooper: Scheduling Conference set for 8/22/2005 09:00 AM before Honorable Florence-Marie Cooper. (sv)
June 15, 2005 Opinion or Order Filing 6 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. Transfer of case declined by Judge John F. Walter, for the reasons set forth on this order. Related Case No. CV 05-3180 JFW (FMOx)(rn, )
June 13, 2005 Filing 5 FIRST AMENDED COMPLAINT against defendant Creative Labs Inc amending Complaint - (Discovery) 1 , with JURY DEMAND, filed by plaintiffs Vibhu Talwar, Patrick Finkelstein. (jp, )
June 10, 2005 PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 05-3180 JFW (FMOx). (rn, )
June 8, 2005 Filing 4 PROOF OF SERVICE Executed by Plaintiffs Vibhu Talwar, Patrick Finkelstein, upon Creative Labs Inc served on 5/11/2005, answer due 5/31/2005. The Summons and Complaint were served by Substituted service and by mail on 5/17/2005, by CCP 415.20(a), upon Suzanne Rufflo, Agent for Service, by leaving document with Dianne Moline, H.R. Department. Due Dilligence declaration attached. Original Summons not returned. (jp, )
May 5, 2005 Filing 3 NOTICE of Related Case(s) filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. Related Case(s): CV 05-3180 JFW (FMOx) (rn, )
May 5, 2005 Filing 2 NOTICE of Interested Parties filed by Plaintiffs Vibhu Talwar, Patrick Finkelstein. (pj, )
May 5, 2005 Filing 1 COMPLAINT against defendant Creative Labs Inc.(Filing fee $ 250 paid) jury demanded. , filed by plaintiff Vibhu Talwar, Patrick Finkelstein.(pj, )
May 5, 2005 20 day Summons Issued re Complaint - (Discovery) 1 as to Creative Labs Inc. (pj, )
May 5, 2005 FAX number for Attorney Barry A Fisher is 310-557-0770. (pj, )
May 5, 2005 FAX number for Attorney Gretchen Carpenter, Brian R Strange is 310-826-3210. (pj, )

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Plaintiff: Vibhu Talwar
Represented By: Brian R Strange
Represented By: Barry A Fisher
Represented By: Gretchen Carpenter
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Plaintiff: Patrick Finkelstein
Represented By: Brian R Strange
Represented By: Barry A Fisher
Represented By: Gretchen Carpenter
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Defendant: Creative Labs Inc
Represented By: Daniel K Slaughter
Represented By: Stephen Ned Goldberg
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