Disney Enterprises, Inc. et al v. David Oneal et al
| Disney Enterprises, Inc. and Wonderland Music Company, Inc. |
| David Oneal, David Collier, Does 1-10, inclusive, David Oneil and Daniel Lopez |
| 2:2010cv01425 |
| February 25, 2010 |
| US District Court for the Central District of California |
| Robert N Block |
| George H King |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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| Filing 28 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (ir) |
| Filing 27 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (ir) |
| Filing 26 CONSENT JUDGMENT by Judge George H. King: This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. 101 et seq., and 28 U.S.C. 1331 and 1338. Service of process was properly made against Defendant. Plaintiffs own or control the pertinent rights in and to their respective copyright and trademark registrations listed in Exhibits A-C attached hereto and incorporated herein by this reference. Defendant has made unauthorized uses of Plaintiffs Properties or substantially similar likenesses or colorable imitations thereof; Defendant and his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the Injunction are hereby restrained and enjoined; Each side shall bear its own fees and costs of suit; Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice; This Injunction shall be deemed to have been served upon Defendant at the timeof its execution by the Court; The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendant; The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction, and This Court shall retain jurisdiction over the Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action. (See document for further details)( MD JS-6. Case Terminated ) (ir) |
| Filing 25 Joint STIPULATION for Order RE ENTRY OF [PROPOSED] CONSENT DECREE AND PERMANENT INJUNCTION; [PROPOSED] ORDER filed by plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Attachments: #1 [PROPOSED] CONSENT DECREE AND PERMANENT INJUNCTION)(Coombs, James) |
| Filing 24 STATUS REPORT RE SETTLEMENT filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Coombs, James) |
| Filing 23 NOTICE of Change of address, changing address to 10 Aryshire Lane, Ladera Ranch, CA 92694. Filed by Defendant David Oneal. (nca) |
| Filing 22 MINUTES OF Settlement Conference held before Magistrate Judge Robert N. Block:On September 22, 2010, the parties appeared before Judge Block for a settlement conference. After ascertaining the current status of their ongoing settlement discussions, the Court recessed to afford the parties the opportunity to finalize the terms of the settlement documents. After approximately 2 hours of direct discussions between the parties, which resulted in the generation of a set of draft settlement documents, the Court retook the bench and raised several issues that had caught the Courts attention after perusing the draft documents. Plaintiffs counsel then recited for the record the material terms of the parties settlement, and both defendant and plaintiffs representative agreed to settle this case on the basis of those terms. Plaintiffs counsel will be responsible for preparing the final versions of the settlement documents, which will include a stipulation for the entry of a consent decree. Plaintiffs counsel also will be responsible for formally reporting the settlement to the District Judges clerk in accordance with Local Rule 16-15.7.Tape #: CourtSmart. (nca) |
| Filing 21 NOTICE of Change of Attorney Information for attorney James Andrew Coombs counsel for Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. Adding Annie S. Wang as attorney as counsel of record for Disney Enterprises, Inc. and Wonderland Music Company, Inc. for the reason indicated in the G-06 Notice. Filed by Disney Enterprises, Inc. and Wonderland Music Company, Inc. J. Andrew Coombs, A P.C. (Coombs, James) |
Filing 20
MINUTE ORDER IN CHAMBERS by Magistrate Judge Robert N. Block: Under the circumstances, the Court has no recourse but to continue the settlement conference currently calendared for September 8, 2010. Accordingly, the settlement conference is continued to September 22, 2010 at 9:30 a.m. and the parties are ordered to appear before the Court in Courtroom 6D of the Santa Ana courthouse on that date and time. (Settlement Conference set for 9/22/2010 at 09:30 AM before Magistrate Judge Robert N. Block.) (wr)
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Filing 19
ORDER by Magistrate Judge Robert N. Block re Settlement Conference. Settlement Conference set 09/08/2010 at 9;30 a.m. in Courtroom 6D. (See Order for further details) (db)
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| Filing 18 REQUEST for Order for RE SETTLEMENT CONFERENCE filed by plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Attachments: #1 [Proposed] Order re Settlement Conference)(Drey, Nicole) |
| Filing 17 STATUS REPORT re Early Settlement Conference filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Drey, Nicole) |
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Filing 16
ORDER REGARDING SUMMARY JUDGMENT MOTIONS (See document for further details) by Judge George H. King. (ir)
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Filing 15
MINUTES:(IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE AND SETTING SCHEDULING DATES: This matter is before us for scheduling conference. We have reviewed the Report of Parties Planning Meeting, and determine that an in-person scheduling conference is unnecessary. Accordingly, the schedulingconference set for July 26, 2010 is hereby VACATED. We issue the following scheduling order: 1. Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than August 26, 2010, failing which it shall be deemed that partys waiver of any such amendments inthis action. 2. All fact and expert discovery shall be COMPLETED by no later than February 10, 2011. Completion means that any discovery that is not received in hand by the requesting party by the completion date will bedenied. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than December 13, 2010, and do likewise for any rebuttal expert witnesses by no later than January 10, 2011. 4. The parties shall comply with Local Rule 16-15 by conducting an early settlement conference, and a follow-up conference if necessary. The early settlement conference shall be conducted by no later than September 22, 2010. If the early settlement conference is not successful, the parties shall conduct a follow-upsettlement conference by no later than January 24, 2011. The parties elect to appear before the assigned magistrate judge for these settlement conferences. We approve this election. Within 14 days hereof, counsel shall file a joint status report with the court setting forth the date cleared with Judge Blocks court clerk for early settlement conference by September 22, 2010 as set forth above. After each settlement conference, if the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the court within 48 hours of termination of settlement discussions. 5. Any motion for summary judgment shall be filed in compliance with the Local Rules, as well as our Order Re: Summary Judgment Motions issued concurrently herewith, by no later than February 28, 2011, andnoticed for hearing thereafter regularly under the Local Rules. Any untimely or non-conforming motion shall be denied. We will set pre-trial conference and trial dates, if necessary, after resolution of any dispositive motion(s) IT IS SO ORDERED by Judge George H. King. (ir)
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Filing 14
ORDER by Judge George H. King: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) to Appear Before Magistrate for settlement proceedings. (ir)
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| Filing 13 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Attachments: #1 Proposed Order)(Drey, Nicole) |
| Filing 12 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc... (Drey, Nicole) |
| Filing 11 DECLARATION of Nicole L. Drey re Order, Set Deadlines/Hearings,,,,,,,,,, #10 filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc.. (Drey, Nicole) |
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Filing 10
ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, JULY 26, 2010 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. By no later than JUNE 25, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters set forth in Federal Rule of Civil Procedure 26(f) as well as those items identified in Part III, below. REPORT OF PARTIES' PLANNING MEETING By no later than JULY 12, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint "REPORT OF PARTIES' PLANNING MEETING" which shall (1) be so labeled, (2) state the date of the Scheduling Conference set above by this Order, and (3) address not only those subjects in Rule 26(f), but also the following: (see document for further details). (bm)
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| Filing 9 CERTIFICATION AND NOTICE OF INTERESTED PARTIES filed by Defendant David Oneal. (bm) |
| Filing 8 ANSWER to Complaint #1 with JURY DEMAND filed by defendant David Oneal. (bm) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Wonderland Music Company, Inc., Disney Enterprises, Inc., upon Defendant David Oneal served on 4/11/2010, answer due 5/2/2010. Service of the Summons and Complaint were executed upon JOHN DOE-38, 6'0, 180, CAUC., MALE - COMPETENT MEMBER OF THE HOUSEHOLD in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons NOT returned. (Coombs, James) |
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Filing 6
ORDER REGARDING CASE MANAGEMENT (See document for further details) by Judge George H. King. (ir)
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| Filing 5 DECLARATION of NICOLE L. DREY RE JOINDER filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc. (et) (ds). |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Disney Enterprises, Inc., Wonderland Music Company, Inc. (et) |
| Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Disney Enterprises, Inc., Wonderland Music Company, Inc. (et) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiffs Disney Enterprises, Inc., Wonderland Music Company, Inc., identifying Other Affiliate The Walt Disney Company for Disney Enterprises, Inc. (et) (ds). |
| Filing 1 COMPLAINT against Defendants Does 1-10 inclusive, David Oneal. Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Wonderland Music Company, Inc., Disney Enterprises, Inc..(et) (Additional attachment(s) added on 3/2/2010: #1 Notice of Assignment) (ds). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Does 1-10 inclusive, David Oneal. (et) |
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