Association For Information Mediat and Equipment et al v. The Regents of The University of California et al
| Association For Information Media and Equipment and Ambrose Video Publishing Inc |
| The Regents of The University of California, Dr. Gene Block, Mark G Yudof, Dr Sharon Farb, Larry Loeher, Patricia O'Donnell and John Does |
| 2:2010cv09378 |
| December 7, 2010 |
| US District Court for the Central District of California |
| Consuelo B Marshall |
| Margaret A Nagle |
| Copyright |
| 28 U.S.C. § 1338 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 54 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (mailed 1/18/13) (Attachments: # 1 Judgment) (lom) |
| Filing 53 JUDGMENT by Judge Consuelo B. Marshall. Based upon the November 20, 2012 order entered by the Court 48 , granting Defendants' Motion to Dismiss Second Amended Complaint, it is now: ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall take nothing of Defendants, and Plaintiffs' Second Amended Complaint is dismissed with prejudice. (MD JS-6, Case Terminated). (lom) |
| Filing 52 Joint STIPULATION for Judgment as to Plaintiffs' Second Amended Complaint filed by Defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), The Regents of The University of California. (Attachments: # 1 Proposed Order Proposed Judgment)(Slaughter, R) |
| Filing 51 NOTICE OF ERRATA filed by Defendants Gene Block, Gene Block, Sharon Farb, John Does, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. correcting Stipulation for Extension of Time to File, 49 (Slaughter, R) |
| Filing 50 Joint STIPULATION for Extension of Time to File Attorneys' Fees Motion filed by Defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), Gene Block(an individual), Sharon Farb, John Does, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 49 Joint STIPULATION for Extension of Time to File Defendants filed by Defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), Gene Block(an individual), Sharon Farb, John Does, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof.(Slaughter, R) |
Filing 48
ORDER by Judge Consuelo B. Marshall, grants Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint with prejudice 43 . (See attached document for details.) (lom)
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Filing 47
MINUTE ORDER IN CHAMBER AND OFF THE RECORD. ORDER GRANTING DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM. The matter before the Court is Defendants Motion to Dismiss the Second Amended Complaint ("Motion"). [Docke No. 43] The Court GRANTS the Motion. A written order will follow by Judge Consuelo B. Marshall. (cs)
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| Filing 46 MINUTES of Motion of Defendants Gene Block, Sharon Farb, Larry Loeher, Patricia ODonnell, The Regents of the University of California, Mark G. Yudof to Dismiss Second Amended Complaint 43 held before Judge Consuelo B. Marshall. Motion to Dismiss Second Amended Complaint is submitted without further oral argument. Court Reporter: Katie Thibodeaux. (lom) |
| Filing 45 REPLY in support MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof 43 filed by Defendants Gene Block, Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Slaughter, R) |
| Filing 44 MEMORANDUM in Opposition to MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof 43 filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Mulcahy, James) |
| Filing 43 NOTICE OF MOTION AND MOTION to Dismiss Case [Second Amended Complaint] for Lack of Subject Matter Jurisdiction and Failure to State a Claim; Memorandum of Points and Authorities in Support Thereof filed by Defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. Motion set for hearing on 2/6/2012 at 11:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Proposed Order [Proposed] Order Granting Motion to Dismiss)(Slaughter, R) |
| Filing 42 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, MAY 2, 2011 (dc) |
| Filing 41 TRANSCRIPT for proceedings held on MONDAY, MAY 2, 2011. Court Reporter/Electronic Court Recorder: Maria Bustillos, phone number (213) 894-2739. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/1/2011. Redacted Transcript Deadline set for 12/11/2011. Release of Transcript Restriction set for 2/8/2012. (dc) |
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Filing 40
ORDER by Judge Consuelo B. Marshall: Defendants' response to Second Amended Complaint will be due no later than November 23, 2011. In the event that Defendants choose to file a motion to dismiss, Plaintiffs' opposition brief will be due December 21, 2011. Defendants' reply brief will be due January 16, 2012. The hearing on any such motion shall be February 6, 2012 at 11:00 a.m.(jl)
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| Filing 39 Joint STIPULATION for Extension of Time to File Regarding Briefing Schedule On Defendants' Motion To Dismiss Second Amended Complaint filed by defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), The Regents of The University of California. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 38 SECOND AMENDED COMPLAINT 21 against Defendants Gene Block(Chancellor of the University of California Los Angeles), an individual, Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof, John Does filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(lom) |
| Filing 37 NOTICE of Manual Filing filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment of Notice of Manual Filing. (Mulcahy, James) |
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Filing 36
ORDER by Judge Consuelo B. Marshall, Plaintiffs' Second Amended Complaint shall be filed by October 24, 2011. (jl)
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| Filing 35 Joint STIPULATION for Extension of Time to Amend Amended Complaint,, 21 filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Attachments: # 1 Proposed Order)(Adams, Kevin) |
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Filing 34
ORDER by Judge Consuelo B. Marshall: granting 27 Defendants' Motion to Dismiss Case, GRANTED, and (1) all claims against the Regents and any claims seeking damages against individual defendants in their official capacity are dismissed with prejudice; (2) the declaratory relief claim asserted by AIME is dismissed without prejudice for lack of sufficient allegations to support standing; (3) all claims for injunctive relief against Defendants Yudof and Block are dismissed without prejudice for failure to state a claim; (4) Plaintiffs' federal copyright infringement claim and DMCA claim are dismissed without prejudice for failure to state a claim; (5) and Plaintiffs state law claims are dismissed without prejudice for failure to state a claim that is not preempted by the Copyright Act. If Plaintiffs decide to file an amended complaint, such amended complaint must be filed no later than October 17, 2011. (lom)
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| Filing 33 NOTICE of Change of address by R James Slaughter attorney for Defendants Gene Block, Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. Changing attorneys address to 633 Battery Street, San Francisco, CA 94111-1809. Filed by Defendants Gene Block, Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Slaughter, R) |
| Filing 32 NOTICE of Change of address by Kevin A Adams attorney for Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. Changing attorneys address to 4 Park Plaza, Suite 1230, Irvine, CA 92614. Filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Adams, Kevin) |
| Filing 31 MINUTES OF Motion to Dismiss Hearing 27 held before Judge Consuelo B. Marshall: Case called, arguments held. Motion is submitted without further oral arguments.Court Reporter: Maria Bustillos. (ys) |
| Filing 30 REPLY in Support of MOTION to Dismiss Case for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction 27 filed by Defendants Gene Block, Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Slaughter, R) |
| Filing 29 MEMORANDUM in Opposition to MOTION to Dismiss Case for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction 27 filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Adams, Kevin) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim ( Motion set for hearing on 5/2/2011 at 11:00 AM before Judge Consuelo B. Marshall.), MOTION to Dismiss for Lack of Jurisdiction filed by defendants Gene Block(an individual), Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Ambrose Video Publishing Inc, Association For Information Media and Equipment, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon R. James Slaughter, Attorney for Defendants in compliance with Federal Rules of Civil Procedure by method of service not specified. Original Summons NOT returned. (Adams, Kevin) |
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Filing 28
ORDER by Judge Consuelo B. Marshall: granting 25 Application to Appear Pro Hac Vice by Attorney Allison Rapp on behalf of Plaintiff, designating James M. Mulcahy as local counsel. (lt)
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| Filing 25 APPLICATION for attorney Allison Rapp to Appear Pro Hac Vice filed by Plaintiff Association For Information Media and Equipment. (PHV FEE PAID 3/10/11.) Lodged [Prop] Order. (lom) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge Consuelo B. Marshall: denying as moot 16 Defendants' Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Claim 16 . Plaintiffs filed a First Amended Complaint, which supersedes the preceding complaint. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) 21 . (lom) |
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Filing 23
ORDER granting oint Stipulation for Extension of Time to File 22 by Judge Consuelo B. Marshall. The Court hereby by Orders that: 1. Defendants' response to Plaintiffs' Amended Complaint will be due March 14, 2011; 2. In the event that Defendants choose to file a motion to dismiss, Plaintiffs' opposition brief will be due April 4, 2011; 3. Defendants' reply brief will be due April 18,2011; and 4. The hearing on any such motion to dismiss will take place on Monday, May 2, 2011, at 11:00 A.M. (lom)
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| Filing 22 Joint STIPULATION for Extension of Time to File Response to Amended Complaint and Subsequent Briefing Schedule filed by Defendants Gene Block(Chancellor of the University of California Los Angeles, an individual), Gene Block(an individual), Sharon Farb, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 21 FIRST AMENDED COMPLAINT 1 against Defendants Gene Block,Chancellor of the University of California, Los Angeles, Gene Block, an individual, Sharon Farb, John Does, Larry Loeher, Patricia O'Donnell, The Regents of The University of California, Mark G Yudof, filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (lom) (Additional attachment(s) added on 2/17/2011: # 4 Amended Complaint - Part 1, # 5 Part 2, # 6 Part 3, # 7 Part 4, # 8 Part 5, # 9 Part 6, # 10 Part 7, # 11 Part 8, # 12 Part 9, # 13 Part 10, # 14 Part 11, # 15 Part 12, # 16 Part 13, # 17 Part 14) (lom). |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents, RE: Amended Document (Non-Motion) 19 . The following error(s) was found: L.R. 3-2 Filing of Initiating Documents. Complaints and other initiating documents in civil cases shall be filed and served in the traditional manner on paper rather than electronically. Please manually file. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
| Filing 19 AMENDED DOCUMENT filed by Plaintiff Association For Information Media and Equipment. Amendment to Summons Issued and Complaint (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-17, # 3 Summons)(Adams, Kevin) Modified on 2/16/2011 (et). |
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Filing 18
ORDER Granting Joint Stipulation 17 by Judge Consuelo B. Marshall. The Court hereby Orders that: 1. Plaintiffs' opposition to Defendants' motion to dismiss shall be filed on or before February 16, 2011; 2. Defendants' reply brief in support of its motion to dismiss 16 shall be filed on or before February 28, 2011; and 3. The hearing on Defendants' motion to dismiss shall be March 14, 2011 at 11:00 a.m. (lom) Modified on 2/11/2011 (lom). Modified on 2/11/2011 (lom).
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| Filing 17 Joint STIPULATION for Extension of Time to File as to MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case for Failure to State a Claim 16 filed by Defendants Gene Block, The Regents of The University of California. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction ( Motion set for hearing on 3/14/2011 at 11:00 AM before Judge Consuelo B. Marshall.), MOTION to Dismiss Case for Failure to State a Claim filed by Defendant Gene Block, The Regents of The University of California. (Attachments: # 1 Proposed Order)(Slaughter, R) |
| Filing 15 FIRST STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants The Regents of The University of California.(Behrens, Eric) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) 8 , 9 . The following error(s) was found: Incorrect event selected. The correct event is: Service of Summons and Complaint (21 Days). For correct efile event, see category: Service Document: Service/Waivers of Summons and Complaints; for event: see above. This event prompts the efiler to answer the questions and calculates the time of service. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
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Filing 14
ORDER by Judge Consuelo B. Marshall: granting 12 Application to Appear Pro Hac Vice by Attorney Arnold P Lutzker on behalf of Ambrose Video Publishing Inc., Association for Information Mediat and Equipment, designating James M Mulcahy as local counsel. (vh)
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Filing 13
ORDER by Judge Consuelo B. Marshall: granting 11 Application to Appear Pro Hac Vice by Attorney Jeanette Maurer Carmadella on behalf of Plaintiffs, Ambrose Video Publishing, Inc. and Association for Information Mediat and Equipment, designating James M Mulcahy as local counsel. (vh)
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| Filing 9 PROOF OF SERVICE filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment, served on 12/09/10. (Adams, Kevin) Modified on 2/16/2011 (et). |
| Filing 12 APPLICATION for attorney Arnold P. Lutzker to Appear Pro Hac Vice filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (PHV FEE PAID 12/14/10) Lodged [Prop] Order. (lom) Modified on 2/16/2011 (et). |
| Filing 11 APPLICATION for attorney Jeannette Maurer Carmadella to Appear Pro Hac Vice filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment. (PHV FEE PAID 12/14/10) Lodged [Prop] Order. (lom) Modified on 2/16/2011 (et). |
| Filing 8 PROOF OF SERVICE filed by Plaintiffs Ambrose Video Publishing Inc, Association For Information Media and Equipment, served on 12/09/10. (Adams, Kevin) Modified on 2/16/2011 (et). |
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Filing 7
STANDING ORDER by Judge Consuelo B. Marshall. This action has been assigned to the calendar of the Honorable Consuelo B. Marshall. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California and comply with these rules. This Order controls the procedures used in this case. See Item 7, regarding Motions: Motions shall be filed in accordance with Local Rules 6 and 7. Local Rule 6-1 provides: "The notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing, and shall be served on each of the parties electronically or, if excepted from electronic filing, either by deposit in the mail or by personal service." This Court typically hears motions on Mondays, beginning at 10:00 a.m. The briefing schedule for the motion shall be governed by Local Rules 6 and 7. (Refer attached Order for other requirements.) (lom)
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| Filing 6 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ambrose Video Publishing Inc, Association For Information Media and Equipment. (Adams, Kevin) Modified on 2/16/2011 (et). |
| Filing 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Jeannette M. Carmadela for Plaintiffs Ambrose Video Publishing Inc, Association For Information Mediat and Equipment. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) |
| Filing 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Arnold P. Lutzker for Plaintiffs Ambrose Video Publishing Inc, Association For Information Mediat and Equipment. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) |
| Filing 3 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) |
| Filing 1 COMPLAINT against Defendants Gene Block, The Regents of The University of California. Case assigned to Judge Consuelo B. Marshall for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Association For Information Media and Equipment, Ambrose Video Publishing Inc.(et) (Additional attachment(s) added on 12/10/2010: # 1 pgs 34-63, # 2 pgs 64-83, # 3 pgs 84-111, # 4 pgs 112-146, # 5 pgs 147-222, # 6 Ntc of Assgmt) (mg). Modified on 2/16/2011 (et). |
| 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Gene Block, The Regents of The University of California. (et) |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Gene Block, The Regents of The University of California. (et) |
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