Christopher Jerry Swann v. Anna Kournikova et al
| Christopher Jerry Swann other Black Swann doing business as Swann Concepts |
| Anna Kournikova, Jamie Mossberg, Foglight Entertainment, LLC, Octagon, Inc., Lions Gate Entertainment, Inc., ESPN Sports, DOES 1-10 and GREGG BACKER |
| 2:2008cv01477 |
| March 3, 2008 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Manuel L Real |
| Carolyn Turchin |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2008. A more recent docket listing may be available from PACER.
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Filing 66
ORDER by Judge Manuel L. Real re: Stipulation to Dismiss Case, #65 . Pursuant to the settlement agreement reached by the parties on 9/25/2008 at a settlement conference before Magistrate Judge Carolyn Turchin and the Mutual Release and Licensing Agreement between the parties, the above-captioned matter is DISMISSED with prejudice as to all defendants. Each party shall bear its own attorneys' fees and costs. (rj)
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| Filing 65 STIPULATION to Dismiss Case pursuant to FRCP 41 settlement filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Attachments: #1 Proposed Order)(Wright, Joseph) |
| Filing 64 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 dismissal order) (lc) |
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Filing 63
ORDER by Judge Manuel L. Real :COURT having been advised that action has been settled #62 , the action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 30 days, to reopen the action if the settlement is not consummated. (Made JS-6. Case Terminated.) (lc)
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| Filing 62 NOTICE of Settlement filed by Defendant Octagon, Inc.. (Wright, Joseph) |
| Filing 61 MINUTES OF Settlement Conference held case settles before Magistrate Judge Carolyn Turchin:Court Smart: 9/25/08. (dam) |
| Filing 60 NOTICE of Change of Attorney Information for attorney Joseph K. Wright, III counsel for Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. Filed by Defendants Anna Kournikova, Octagon, Inc., Lions Gate Entertainment, Inc., and ESPN (Wright, Joseph) |
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Filing 59
ORDER by Judge Manuel L. Real, Defendants obligation to respond to the First Amended Complaint is stayeduntil October 2, 2008. #58 (pj)
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| Filing 58 STIPULATION for Extension of Time to File Answer to October 2, 2008 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Attachments: #1 Proposed Order Staying Defendants' Requirement to Respond to the First Amended Complaint until October 2, 2008, Pending Settlement Conference)(Deixler, Bert) |
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Filing 57
ORDER by Magistrate Judge Carolyn Turchin,, Set/Reset Deadlines/Hearings:( Confidential Settlement Statement due by 9/18/2008, Settlement Conference set for 9/25/2008 10:00 AM before Magistrate Judge Carolyn Turchin.) (dam)
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| Filing 56 NOTICE of Appearance filed by attorney Lawrence Segal on behalf of Defendant GREGG BACKER (Segal, Lawrence) |
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Filing 55
ORDER by Judge Stephen V. Wilson for Judge Manuel L Real, re The motions filed by Defendants on July 1, 2008 pursuant to Rul 12 are hereby withdrawn subject to re-filing of the parties are unable to resolve the matter through mediation. The August 4, 2008 hearing on defendants motions is hereby taken off calendar. Defendants obligations to respond to the FAC is stayed until 9/9/2008 #52 , #50 (pj)
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| ***MOTION RULING: by Judge Stephen V. Wilson for Judge Manuel L Real withdrawing #46 Motion to Dismiss ; withdrawing #48 Motion to Strike Order, #55 ; withdrawing #50 Motion to Dismiss ; withdrawing #52 Motion to Strike #55 pursuant to order filed on 7/22/2008 (pj) |
| Filing 54 STIPULATION to Withdraw Motion to Dismiss and Motion to Stike, Remove the August 4, 2008 Hearing in this Matter from the Calendar, and Staying Defendants' Requirement to Respond to the First Amended Complaint until September 9, 2008, Pending Mediation filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Attachments: #1 Proposed Order Withdrawing Defendants' Rule 12 Motions, etc.)(Deixler, Bert) |
| Filing 53 MEMORANDUM in Support of Joint MOTION to Strike Plaintiff's Multiple Requests for Statutory Damages Awards, and Statutory Damages and Attorneys' Fees for Infringement of Plaintiff's Sound Recordings #52 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 52 NOTICE OF MOTION AND Joint MOTION to Strike Plaintiff's Multiple Requests for Statutory Damages Awards, and Statutory Damages and Attorneys' Fees for Infringement of Plaintiff's Sound Recordings filed by defendant Foglight Entertainment, LLC. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Manuel L. Real. (Segal, Lawrence) |
| Filing 51 MEMORANDUM in Support of Joint MOTION to Dismiss Claim for Relief Three of Plaintiff's First Amended Complaint and for more Definite Statement #50 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 50 NOTICE OF MOTION AND Joint MOTION to Dismiss Claim for Relief Three of Plaintiff's First Amended Complaint and for more Definite Statement filed by defendant Foglight Entertainment, LLC. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Manuel L. Real. (Segal, Lawrence) |
| Filing 49 MEMORANDUM in Support of MOTION to Strike Portions of Plaintiff's First Amended Complaint #48 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Deixler, Bert) |
| Filing 48 NOTICE OF MOTION AND MOTION to Strike Portions of Plaintiff's First Amended Complaint filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Granting Defendants' Motion to Strike)(Deixler, Bert) |
| Filing 47 MEMORANDUM in Support of MOTION to Dismiss Plaitiff's Third Claim for Relief of First Amended Complaint and for More Definite Statement #46 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Deixler, Bert) |
| Filing 46 NOTICE OF MOTION AND MOTION to Dismiss Plaitiff's Third Claim for Relief of First Amended Complaint and for More Definite Statement filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. Motion set for hearing on 8/4/2008 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Granting Defendants' Motion to Dismiss Third Claim for Relief of Plaintiff's First Amended Complaint, and for more definite statement)(Deixler, Bert) |
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Filing 45
ORDER FOR EXTENSION OF TIME TO ANSWER FIRST AMENDED COMPLAINT by Judge Manuel L. Real, re Stipulation for Extension of Time to File #44 : Defendants Anna Kournikova; Octagon, Inc.; Lions Gate Entertainment, Inc.; ESPN Inc.; and Foglight Entertainment, LLC shall have to and including July 1, 2008, to respond to the First Amended Complaint. (bm)
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| Filing 44 STIPULATION for Extension of Time to File Answer to First Amended Complaint filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Attachments: #1 Proposed Order for Extension of Time to Answer First Amended Complaint)(Deixler, Bert) |
| Filing 43 FIRST AMENDED COMPLAINT against defendants GREGG BACKER, Lions Gate Entertainment, Inc., ESPN Sports, DOES 1-50, Anna Kournikova, Foglight Entertainment, LLC, Octagon, Inc. amending Complaint - (Discovery), Complaint - (Discovery) #1 ,filed by plaintiff Christopher Jerry Swann (pj) |
| Filing 42 Notice of Withdrawal of Motion to Dismiss (cause or other) #22 , Motion to Strike, #25 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Deixler, Bert) |
| Filing 41 REPLY Reply In Opposition Joint MOTION to Strike Punitive Damages, Statutory Damages and Attorneys' Fees from the Complaint #28 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 40 NOTICE Notice of Errata Re Foglight's Filing of Reply to Opposition to Motion to Strike filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 39 REPLY Reply in Opposition Joint MOTION to Strike Punitive Damages, Statutory Damages and Attorneys' Fees from the Complaint #28 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 38 REPLY Reply in Opposition Joint MOTION to Dismiss Counts 2-8 of Pltf's Complaint #21 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: nitiating documents * are NOT to be e-filed, but Manually filed with Civil Intake Section.After which, a conformed copy e-mailed to :CivilIntakeCourtDocs-LA@cacd.uscourt.gov RE: Amended Complaint #33 . 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. (pj) |
| Filing 36 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Terminated Case; Case terminated in error when only defendant Jamie Mossberg should have been terminated. (shb) |
| Filing 35 OPPOSITION to MOTION to Strike Plaintiff's Requests for Punitive Damages, Statutory Damages, and Attorneys' Fees #25 , Joint MOTION to Strike Punitive Damages, Statutory Damages and Attorneys' Fees from the Complaint #28 filed by Plaintiff Christopher Jerry Swann. (Cervantes, Lisa) |
| Filing 34 MEMORANDUM in Opposition to MOTION to Dismiss Claims for Relief 2-8 #22 , Joint MOTION to Dismiss Counts 2-8 of Pltf's Complaint #21 filed by Plaintiff Christopher Jerry Swann. (Cervantes, Lisa) |
| Filing 33 FIRST AMENDED COMPLAINT against All Defendants all defendants; Party Jamie Mossberg terminated amending Complaint - (Discovery), Complaint - (Discovery) #1 First Amended Complaint,filed by Plaintiff Christopher Jerry Swann (Cervantes, Lisa) |
| Filing 32 NOTICE OF DISMISSAL filed by Plaintiff Christopher Jerry Swann pursuant to FRCP 41a(1) without prejudice as to Jamie Mossberg. (Cervantes, Lisa) |
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Filing 31
ORDER ON STIPULATION #30 FOR EXTENSION OF TIME FOR DEFENDANT MOSBERG TO RESPOND TO COMPLAINT by Judge Manuel L. Real. Extension granted to May 27, 2008. (ps)
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| Filing 30 FIRST STIPULATION Extending Time to Answer the complaint as to Jamie Mossberg answer now due 5/27/2008, filed by defendant Jamie Mossberg.(Noblin, Justin) |
| Filing 29 MEMORANDUM in Support of Motion to Strike Punitive Damages, Statutory Damages and Attorneys' Fees From Plaintiff's Complaint filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 28 NOTICE OF MOTION AND Joint MOTION to Strike Punitive Damages, Statutory Damages and Attorneys' Fees from the Complaint filed by Defendant Foglight Entertainment, LLC.Motion set for hearing on 6/16/2008 at 10:00 AM before Judge Manuel L. Real. (Segal, Lawrence) |
| Filing 27 NOTICE OF LODGING filed (Attachments: #1 Proposed Order Granting Defendant's Motion to Dismiss Claims for Relief Two through Eight inclusive from Plaintiff's Complaint)(Deixler, Bert) |
| Filing 26 MEMORANDUM in Support of MOTION to Strike Plaintiff's Requests for Punitive Damages, Statutory Damages, and Attorneys' Fees #25 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Deixler, Bert) |
| Filing 25 NOTICE OF MOTION AND MOTION to Strike Plaintiff's Requests for Punitive Damages, Statutory Damages, and Attorneys' Fees filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc..Motion set for hearing on 6/16/2008 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Granting Motion to Strike Plaintiff's Requests for Punitive Damages, Statutory Damages, and Attorneys' Fees)(Deixler, Bert) |
| Filing 24 MEMORANDUM in Support of Motion to Dismiss Counts 2-8 filed by Defendant Foglight Entertainment, LLC. (Segal, Lawrence) |
| Filing 23 MEMORANDUM in Support of MOTION to Dismiss Claims for Relief 2-8 #22 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Deixler, Bert) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Claims for Relief 2-8 filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc..Motion set for hearing on 6/16/2008 at 10:00 AM before Judge Manuel L. Real. (Deixler, Bert) |
| Filing 21 NOTICE OF MOTION AND Joint MOTION to Dismiss Counts 2-8 of Pltf's Complaint filed by defendant Foglight Entertainment, LLC.Motion set for hearing on 6/16/2008 at 10:00 AM before Magistrate Judge Carolyn Turchin. (Segal, Lawrence) |
| Filing 20 MINUTES OF Telephone Status Conference held before Judge Carolyn Turchin :Court Smart: 4/14/08. (dam) Additional attachment(s) added on 4/15/2008 (dam, ). |
| Filing 19 NOTICE of Appearance filed by attorney Lawrence Segal on behalf of Defendant Foglight Entertainment, LLC (Segal, Lawrence) |
| Filing 18 MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin : re: Order, Set Deadlines/Hearings #11 . (dam) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by Plaintiff Christopher Jerry Swann. upon Anna Kournikova waiver sent by Plaintiff on 3/27/2008, answer due 5/27/2008. Waiver of Service signed by Bert Deixler. (Cervantes, Lisa) |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by Plaintiff Christopher Jerry Swann. upon ESPN Sports waiver sent by Plaintiff on 3/27/2008, answer due 5/27/2008. Waiver of Service signed by Bert Deixler. (Cervantes, Lisa) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Plaintiff Christopher Jerry Swann. upon Lions Gate Entertainment, Inc. waiver sent by Plaintiff on 3/27/2008, answer due 5/27/2008. Waiver of Service signed by Bert Deixler. (Cervantes, Lisa) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiff Christopher Jerry Swann. upon Octagon, Inc. waiver sent by Plaintiff on 3/27/2008, answer due 5/27/2008. Waiver of Service signed by Bert Deixler. (Cervantes, Lisa) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Foglight Entertainment, LLC. upon Foglight Entertainment, LLC waiver sent by Plaintiff on 4/4/2008, answer due 6/3/2008. Waiver of Service signed by Gregg Backer. (Cervantes, Lisa) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Christopher Jerry Swann, upon Jamie Mossberg served on 4/6/2008, answer due 4/26/2008. Original Summons returned. (Cervantes, Lisa) |
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Filing 11
ORDER by Judge Carolyn Turchin, re Telephone Conference #7 . Settlement Conference set for 4/17/2008 at 10:00 AM before Magistrate Judge Carolyn Turchin. Confidential Settlement Letter due by 4/10/2008. See document for further information. (ca)
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| Filing 10 Notice of Interested Parties filed by Defendant Lions Gate Entertainment, Inc.. (Deixler, Bert) |
| Filing 9 Notice of Interested Parties filed by Defendant ESPN Sports. (Deixler, Bert) |
| Filing 8 Notice of Interested Parties filed by Defendant Octagon, Inc.. (Deixler, Bert) |
| Filing 7 MINUTES OF Telephone Conference held before Judge Carolyn Turchin :Court Smart: 3/25/08. (dam) |
| Filing 6 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Turchin for settlement proceedings. Filed by Defendants Lions Gate Entertainment, Inc., ESPN Sports, Anna Kournikova, Octagon, Inc.. (Attachments: #1 Proposed Order Order Re: Settlement Procedure Selection: Request and Notice)(Deixler, Bert) |
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Filing 5
ORDER RE: NOTICE TO COUNSEL by Judge Manuel L. Real: This case has been assigned to the calendar of Judge Manuel L. Real. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. NONCOMPLIANCE MAY LEAD TO THE IMPOSITION OF SANCTIONS WHICH MAY INCLUDE THE STRIKING OF PLEADINGS AND ENTRY OF JUDGMENT OR DISMISSAL OF THE ACTION (See document for further details). (mmu)
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| Filing 4 Dismissal of Parties Designated By A Fictitious Name filed by Plaintiff Christopher Jerry Swann (Cervantes, Lisa) |
| Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Christopher Jerry Swann. (et) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Christopher Jerry Swann. (et) Additional attachment(s) added on 3/10/2008 (lra, ). |
| Filing 1 COMPLAINT against Defendants Lions Gate Entertainment, Inc., ESPN Sports, DOES, Anna Kournikova, Jamie Mossberg, Foglight Entertainment, LLC, Octagon, Inc. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Christopher Jerry Swann. (et) Additional attachment(s) added on 3/10/2008 (cyo, ). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Lions Gate Entertainment, Inc., ESPN Sports, DOES 1-50, Anna Kournikova, Jamie Mossberg, Foglight Entertainment, LLC, Octagon, Inc. (et) |
| FAX number for Attorney Lisa A Cervantes is 310-315-1404. (et) |
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