Twentieth Century Fox Television, et al v. Empire Distribution Inc.
| Twentieth Century Fox Television and Fox Broadcasting Company |
| Empire Distribution Inc. |
| Gail M Title |
| 2:2015cv02158 |
| March 23, 2015 |
| US District Court for the Central District of California |
| Percy Anderson |
| Frederick F Mumm |
| Trademark |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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| Filing 106 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #100 CCA # 16-55577. The judgment of the 9th CircuitCourt, entered November 16, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA OPINION #105 AFFIRMED.](mat) |
| Filing 105 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #100 filed by Empire Distribution Inc. CCA # 16-55577. The decision of the District Court is AFFIRMED. (mrgo) |
Filing 104
ORDER GRANTING NONPARTY SONY MUSIC ENTERTAINMENT'S APPLICATION TO FILEDOCUMENTS UNDER SEAL by Judge Percy Anderson: Having considered Non-Party Sony Music Entertainment's ("Sony") Application to File Documents under Seal, and all papers filed by Sony in support thereof, and for good cause shown, the Court GRANTS the Application and ORDERS that the following documents shall be filed under seal: 1. "Empire" television series, Columbia Records, Season One Marketing Proposal; 2. "Empire" television series, Columbia Records, Season TwoMarketing Plan; and 3. Excerpts of the deposition transcript of Andrew Ross, p. 111:9-12, 15-20, 24-25. IT IS SO ORDERED. (cr)
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| Filing 103 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (cr) |
| Filing 102 NOTIFICATION by Circuit Court of Appellate Docket Number 16-55577, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #100 as to Appellant Empire Distribution Inc.. (mat) |
| Filing 101 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #100 . (Gale, Paul) |
| Filing 100 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by defendant-counterclaimant Empire Distribution Inc.. Appeal of Order on Motion for Reconsideration #98 , Order on Motion for Summary Judgment, #79 , Judgment,,, #80 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17678780.) (Attachments: #1 Exhibit 1 - 3)(Gale, Paul) |
| Filing 99 EXHIBIT W to Declaration of Peter N. Villar in Support of Empire Distribution, Inc.'s Motion for Reconsideration of the Court's Summary Judgment Ruling #83 filed by Defendant and Counterclaimant Empire Distribution Inc. (gk) |
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Filing 98
MINUTES (IN CHAMBERS) ORDER by Judge Percy Anderson: The Court denies Empire Distribution's Motion for Reconsideration #83 . (mg)
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| Filing 97 BILL OF COSTS. Costs Taxed in the amount of $29,555.24 in favor of Plaintiffs and against Defendant. RE: APPLICATION to the Clerk to Tax Costs against Defendant Empire Distribution Inc. re: Judgment,,, #80 , #81 (nl) |
| Filing 96 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motion for Reconsideration #83 , previously scheduled for 3/28/2016 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 95 REPLY in support of NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, #80 , Order on Motion for Summary Judgment, #79 #83 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Exhibit A)(Villar, Peter) |
| Filing 94 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in connection with Empire Distribution's Motion for Reconsideration under seal #93 filed by Unknown Sony Music Entertainment. (Attachments: #1 Exhibit A, #2 Exhibit B, Part I, #3 Exhibit B, Part II, #4 Exhibit C)(Golay, Blythe) |
| Filing 93 APPLICATION to file document in connection with Empire Distribution's Motion for Reconsideration under seal filed by Unknown Sony Music Entertainment. (Attachments: #1 Declaration of Robert C Welsh, #2 Declaration of Doneen Lombardi, #3 Proposed Order)(Attorney Blythe L Golay added to party Sony Music Entertainment(pty:unk))(Golay, Blythe) |
| Filing 92 OPPOSITION re: NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, #80 , Order on Motion for Summary Judgment, #79 #83 filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Declaration of Molly M. Lens in Support)(Petrocelli, Daniel) |
| Filing 91 SEALED DOCUMENT (Declaration of Petter Villar) re NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, #80 , Order on Motion for Summary Judgment, #79 #83 , Order on Motion for Leave to File Document Under Seal #88 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Exhibit A - P, #2 Exhibit Q - X)(Villar, Peter) |
| Filing 90 SEALED DOCUMENT (Memorandum of Points and Authoritites in Support of Motion for Reconsideration) re NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, #80 , Order on Motion for Summary Judgment, #79 #83 , Order on Motion for Leave to File Document Under Seal #88 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc..(Villar, Peter) |
| Filing 89 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #84 filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television.(Lens, Molly) |
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Filing 88
ORDER by Judge Percy Anderson: Granting Empire Distribution, Inc.'s #84 APPLICATION to File Documents Under Seal. (See document for details). (mg)
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| Filing 87 Amended NOTICE of Manual Filing filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc. of Exhibit W to Declaration of Peter N. Villar in Support of Empire's Motion for Reconsideration. (Villar, Peter) |
| Filing 86 NOTICE of Manual Filing filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc. of Exhibit W to Declartion of Peter N. Villar in Support of Empire's Motion for Reconsideration of the Court's Summary Judgment Ruling. (Villar, Peter) |
| Filing 85 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #84 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Unredacted Document (Memorandum of Points & Authorities in Support of Motion for Reconsideration), #2 Unredacted Document (Villar Declaration), #3 Unredacted Document (Exhibits A - K), #4 Unredacted Document (Exhibits L - Q), #5 Unredacted Document (Exhibits R - X), #6 Proof of Service)(Villar, Peter) |
| Filing 84 APPLICATION to file document under seal filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Redacted Document (Memorandum of Points & Authorities in Support of Motion for Reconsideration), #2 Redacted Document (Villar Declaration), #3 Redacted Document (Exhibits A- K), #4 Redacted Document (Exhibits L - Q), #5 Redacted Document (Exhibits R - X), #6 Proposed Order)(Villar, Peter) |
| Filing 83 NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, #80 , Order on Motion for Summary Judgment, #79 filed by defendant and counterclaimant Empire Distribution Inc.. Motion set for hearing on 3/28/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order) (Villar, Peter) |
| Filing 82 NOTICE OF NON-OPPOSITION to APPLICATION to the Clerk to Tax Costs against Defendant Empire Distribution Inc. re: Judgment,,, #80 , #81 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 81 APPLICATION to the Clerk to Tax Costs against Defendant Empire Distribution Inc. re: Judgment,,, #80 , filed by Plaintiff Twentieth Century Fox Television, Fox Broadcasting Company. (Lens, Molly) |
| Filing 80 JUDGMENT by Judge Percy Anderson: It is therefore now ORDERED, ADJUDGED, and DECREED that judgment is entered in this action as follows: 1. Plaintiffs shall have judgment in their favor on their claims for declaratoryrelief for federal trademark infringement, federal trademark dilution, and state unfair competition. 2) Plaintiffs shall have judgment in their favor on defendant Empire Distribution Inc.'s counterclaims for federal trademark infringement, federal trademark dilution, federal unfair competition, California statutory unfair competition and false advertising, California common law trademark infringement, and California trademark dilution, and defendants shall recover nothing; and 3. Plaintiff shall have its costs of suit. (MD JS-6, Case Terminated). (mg) |
| Filing 79 MINUTES IN CHAMBERS by Judge Percy Anderson. For the foregoing reasons, the Court grants Fox's Motion for Summary Judgment #41 . The Court shall enter a Judgment consistent with this Order. Because the Court rules in favor of Fox on First Amendment grounds, the Court denies as moot Fox's Motion #46 to Strike and Empire Distribution's request for a continuance under Federal Rule of Civil Procedure 56(d). IT IS SO ORDERED. (lom) |
| Filing 78 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge Percy Anderson RE Appendix of Exhibits #69 and Declaration #72 . In accordance with the Notice of Deficiency in Electronically Filed Documents (G-112A) #76 , the document is accepted as filed. (mg) |
| Filing 77 TEXT ONLY ENTRY by Judge Percy Anderson. On the Court's own motion, the Court vacates the hearing on the Motion for Summary Judgment #41 and the Motion to Strike Expert Report of James Pampinella #46 , previously scheduled for 2/1/2016 at 1:30 p.m. No appearance is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Appendix, #69 , Declaration, #72 . The following error(s) was found: Incorrect event selected. The correct event is: 1. Exhibits to motion (Motion related); 2. Declaration (Motion related). 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 75 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #41 /Corrected Reply in Support of Motion for Summary Judgment filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Corrected Declaration of Molly M. Lens)(Petrocelli, Daniel) |
| Filing 74 NOTICE OF ERRATA filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. correcting APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 /Re: Reply in Support of Motion for Summary Judgment [64-2], Declaration of Molly M. Lens [64-3] (Lens, Molly) |
| Filing 73 SEALED DOCUMENT /Joint Statement Pursuant to January 14, 2016 Order re Order on Motion for Leave to File Document Under Seal,,,,,, #62 filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2)(Lens, Molly) |
| Filing 72 DECLARATION of Molly M. Lens re APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 / Corrected Declaration of Molly M. Lens filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Lens, Molly) |
| Filing 71 NOTICE OF ERRATA filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. correcting APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 / Re: Declaration of Molly M. Lens in Support of Fox's Reply in Support of Motion for Summary Judgment [64-3] (Lens, Molly) |
| Filing 70 NOTICE OF NON-OPPOSITION to APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 69 APPENDIX filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. Re: Objection/Opposition (Motion related), #68 (Appendix of Exhibits in Support of Empire's Opposition to Fox's Motion for Summary Judgment) (Attachments: #1 Exhibit 1 - 20, #2 Exhibit 21 - 40, #3 Exhibit 41 - 55, #4 Exhibit 56 - 68, #5 Exhibit 69 - 73)(Villar, Peter) |
| Filing 68 OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Declaration of Ghazi Shami, #2 Statement of Genuine Disputes of Material Fact)(Villar, Peter) |
| Filing 67 RESPONSE IN SUPPORT of APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 #65 /Response to Defendant's Memorandum of Evidentiary Objections filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Petrocelli, Daniel) |
| Filing 66 OBJECTIONS in support of re: APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 #65 /Evidentiary Objections to Evidence Cited by Defendant in Opposition to Motion for Summary Judgment filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Petrocelli, Daniel) |
| Filing 65 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal #64 filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Exhibit A, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Proof of Service)(Lens, Molly) |
| Filing 64 APPLICATION to file document Reply in Support of Motion for Summary Judgment, Declaration of Molly M. Lens, Reply Statement of Uncontroverted Facts and Conclusions of Law under seal filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Proposed Order, #2 Redacted Document Reply in Support of Motion for Summary Judgment, #3 Redacted Document Declaration of Molly M. Lens, #4 Redacted Document Reply Statement of Uncontroverted Facts and Conclusions of Law)(Petrocelli, Daniel) |
| Filing 63 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Expert Report of James Pampinella #46 filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Supplemental Declaration of Molly Lens in Support)(Petrocelli, Daniel) |
| Filing 62 MINUTES (IN CHAMBERS) by Judge Percy Anderson: Before the Court is Plaintiffs' Ex Parte Application to File Documents Under Seal filed by defendant and counterclaimant Empire Distribution, Inc. #55 and a Declaration in Support of Application to File Documents Under Seal filed by counsel for plaintiff andcounterdefendant Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation. The Court has reviewed the portions of Empire Distribution's Opposition it seeks to file under seal and concludes that the information contained in those portions is not the type of information for which either party has "compelling reasons" to overcome the presumption of the publics right to access. Similarly, the only portion of Empire Distributions Statement of Genuine Disputes of Material Fact for which the parties have satisfied the "compelling reasons" standard is the portions of paragraph 159 that Fox seeks to have filed under seal. The Court denies the parties' requests to have the remaining portions of the Statement of Genuine Disputes of Material Fact, Empire Distributions Opposition, the Declaration of Ghazi Shami, and the Expert Report of Dr. Kristen Lieb filed under seal. Pursuant to Local Rule 79-5.2.2(b), the filing party has four days, unless the Court orders otherwise, to file those documents in the public case file. If the filing party does not file those documents in the public case file by no later than 12:00 p.m. on January 19, 2016, those portions of the materials and evidence will be deemed to have been withdrawn and the Court will not consider those portions of materials and evidence when it rules on the Motion. See document for details. (smo) |
| Filing 61 NOTICE OF ERRATA filed by Defendant Empire Distribution Inc.. correcting APPLICATION to file document (Opposition to Motion for Summary Judgment, Declaration of Ghazi Shami, Statement of Genuine Disputes of Material Facts, and Appendix of Exhibits) under seal #55 (Attachments: #1 Redacted Document (Empire Distribution, Inc.'s Statement of Genuine Disputes of Material Fact in Opposition to Fox's Motion for Summary Judgment))(Villar, Peter) |
| Filing 60 NOTICE OF ERRATA filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. correcting Objection/Opposition (Motion related), #57 (Villar, Peter) |
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Filing 59
MINUTE ORDER DENYING MOTION TO COMPEL by Magistrate Judge Frederick F. Mumm: denying #37 Motion to Compel. IT IS SO ORDERED. (mz)
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| Filing 58 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Opposition to Motion for Summary Judgment, Declaration of Ghazi Shami, Statement of Genuine Disputes of Material Facts, and Appendix of Exhibits) under seal #55 filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Proof of Service)(Lens, Molly) |
| Filing 57 OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike Expert Report of James Pampinella #46 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Declaration of Peter Villar, #2 Exhibit A - E, #3 Exhibit F - M)(Villar, Peter) |
| Filing 56 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Opposition to Motion for Summary Judgment, Declaration of Ghazi Shami, Statement of Genuine Disputes of Material Facts, and Appendix of Exhibits) under seal #55 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document, #9 Unredacted Document, #10 Proof of Service)(Villar, Peter) |
| Filing 55 APPLICATION to file document (Opposition to Motion for Summary Judgment, Declaration of Ghazi Shami, Statement of Genuine Disputes of Material Facts, and Appendix of Exhibits) under seal filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Oppositoin to Motion for Summary Judgment, #3 Redacted Document Declaration of Ghazi Shami, #4 Redacted Document Statement of Genuine Disputes of Material Facts, #5 Redacted Document Appendix of Exhibits, #6 Exhibit 1-20, #7 Exhibit 21-40, #8 Exhibit 41-55, #9 Exhibit 56-68, #10 Redacted Document Exhibits 69-73)(Villar, Peter) |
| Filing 54 EVIDENTIARY OBJECTIONS in opposition to re: NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 53 DECLARATION of Ari Simon in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 52 DECLARATION of Patrick Denard Douthit in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 51 DECLARATION of Robb McDaniels in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 50 DECLARATION of Thuy-An Julien NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 49 DECLARATION of Michael Hobbs, Jr. in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 48 DECLARATION of Peter Villar in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 47 DECLARATION of John Bowler in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment #41 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 46 NOTICE OF MOTION AND MOTION to Strike Expert Report of James Pampinella filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. Motion set for hearing on 2/1/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Molly M. Lens in Support, #2 Proposed Order) (Petrocelli, Daniel) |
| Filing 45 TEXT ONLY - IN CHAMBERS - by Magistrate Judge Frederick F. Mumm: Motion to compel hearing previously scheduled for 01/05/16 10:00 a.m. has been vacated. Defendant's motion to compel is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
| Filing 44 SUPPLEMENT to MOTION to Compel Production of Documents #37 /Supplemental Memorandum Regarding Defendant's Motion to Compel Production of Documents filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. (Lens, Molly) |
| Filing 43 MEMORANDUM in Support of MOTION to Compel Production of Documents #37 (Supplemental Memorandum of Law in Support of Empire's Motion to Compel Production of Documents) filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Villar, Peter) |
| Filing 42 NOTICE of Manual Filing filed by Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television of Exhibits 11, 13, 15, and 17 to Declaration of Molly M. Lens in Support of Fox's Motion for Summary Judgment. (Petrocelli, Daniel) |
| Filing 41 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. Motion set for hearing on 2/1/2016 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support, #2 Declaration of Melissa Blazek in Support, #3 Declaration of Geoff Bywater in Support, #4 Declaration of Molly M. Lens in Support, #5 Declaration of Tracey Raftery in Support, #6 Declaration of Farrah Reynolds in Support, #7 Exhibits 1-10 to Declaration of Farrah Reynolds, #8 Exhibits 11-20 to Declaration of Farrah Reynolds, #9 Exhibits 21-34 to Declaration of Farrah Reynolds, #10 Declaration of Andrew Ross in Support, #11 Declaration of Shannon Ryan in Support, #12 Proposed Judgment) (Petrocelli, Daniel) |
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Filing 40
ORDER Granting Joint Stipulation Regarding Motion Cut-Off Date by Judge Percy Anderson, re Stipulation to Reschedule #39 . Fox's Motion for Summary Judgment shall be heard on February 1, 2016. Fox shall file its Motion by December 15, 2015; Empire shall file its Opposition by January 6, 2016; and Fox shall file its Reply by January 15, 2016. (smo)
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| Filing 39 Joint STIPULATION to Reschedule Motion Cut-Off Date filed by Plaintiffs and Counterclaim Defendants Fox Broadcasting Company, Twentieth Century Fox Television. (Attachments: #1 Declaration of Molly M. Lens in Support, #2 Proposed Order)(Lens, Molly) |
| Filing 38 JOINT STIPULATION to MOTION to Compel Production of Documents #37 filed by Counter Claimant Empire Distribution Inc., Defendant Empire Distribution Inc.. (Attachments: #1 Exhibit A - E, #2 Declaration of Molly M. Lens)(Villar, Peter) |
| Filing 37 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by defendant-counterclaimant Empire Distribution Inc.. Motion set for hearing on 1/5/2016 at 10:00 AM before Magistrate Judge Frederick F. Mumm. (Attachments: #1 Proposed Order)(Villar, Peter) |
| Filing 36 MEDIATION REPORT Filed by Mediator (ADR Panel) Gail M Title: Mediation held on 11.20.15. The parties are unable to reach an agreement at this time.(Title, Gail) |
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Filing 35
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. See document for details. (gk)
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| Filing 34 NOTICE OF LODGING filed re Joint Report Rule 26(f) Discovery Plan #21 (Attachments: #1 [Proposed] Stipulated Protective Order)(Lens, Molly) |
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Filing 33
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #31 APPLICATION to Appear Pro Hac Vice by Attorney Lindsay Mitchell Henner on behalf of Defendant, designating Paul L. Gale as local counsel. (lt)
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| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Lindsay Mitchell Henner to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16313780 paid.) #31 . The following error(s) was found: Other error(s) with document(s) are specified below: Applicant failed to supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3 (GA); No signature on Application. Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). 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. (lt) |
| Filing 31 APPLICATION for attorney Lindsay Mitchell Henner to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16313780 paid.) filed by defendant Empire Distribution Inc.. (Attachments: #1 Proposed Order) (Gale, Paul) |
| Filing 30 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M Title has been assigned to serve as Panel Mediator. (mb) |
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Filing 29
ORDER by Judge Percy Anderson: granting #26 APPLICATION to Withdraw as Attorney. Added attorney Daniel M Petrocelli for Fox Broadcasting Company and Twentieth Century Fox Television. Attorney Marvin S Putnam terminated (lt) Modified on 8/18/2015 (lt).
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| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Cameron Biscay counsel for Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. Adding Cameron H. Biscay as counsel of record for Twentieth Century Fox Television, Fox Broadcasting Company for the reason indicated in the G-123 Notice. Filed by Plaintiffs Twentieth Century Fox Television, Fox Broadcasting Company. (Attorney Cameron Biscay added to party Fox Broadcasting Company(pty:pla), Attorney Cameron Biscay added to party Twentieth Century Fox Television(pty:pla))(Biscay, Cameron) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel M Petrocelli counsel for Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. Adding Daniel M. Petrocelli as counsel of record for Twentieth Century Fox Television,Fox Broadcasting Company for the reason indicated in the G-123 Notice. Filed by Plaintiffs Twentieth Century Fox Television, Fox Broadcasting Company. (Attorney Daniel M Petrocelli added to party Fox Broadcasting Company(pty:pla), Attorney Daniel M Petrocelli added to party Twentieth Century Fox Television(pty:pla))(Petrocelli, Daniel) |
| Filing 26 APPLICATION of Marvin S. Putnam to Withdraw as Attorney filed by Plaintiff Twentieth Century Fox Television. (Attachments: #1 Proposed Order) (Putnam, Marvin) |
| Filing 25 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Migdal Title may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television(Petrocelli, Daniel) |
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Filing 24
CIVIL TRIAL ORDER by Judge Percy Anderson: This matter is set for trial before the Honorable Percy Anderson. See document regarding the Court's procedures and requirements for civil trials. (gk)
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Filing 23
SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson: Establishing a Discovery Cut-off Date of 1/25/2016. Setting Motion Cut-off date of 2/1/2016. Setting Final Pretrial Conference for 3/4/2016 at 1:30 PM. Setting Jury Trial Date of 4/5/2016 at 9:00 AM. (gk)
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| Filing 22 MINUTES - IN CHAMBERS by Judge Percy Anderson: The Court has received the parties' joint 26(f) report and finds that a Scheduling Conference is not necessary. The scheduling conference currently on calendar for 7/27/2015 at 10:30 AM is hereby vacated, and the matter taken off calendar. This case is referred to the Court's Mediation Panel. Within 21 days, the parties must obtain the consent of a Panel Mediator who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. Jury Trial set for 4/5/2016 09:00 AM before Judge Percy Anderson. File Final Trial Exhibit Stipulation 3/31/2016. Hearing on Motions in Limine and Hearing on Disputed Jury Instructions 3/28/2016 at 1:30 PM. Final Pretrial Conference set for 3/4/2016 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 3/4/2016. Proposed Voir Dire Questions & Agreed-to Statement of Case 3/4/2016. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation by 2/19/2016. File Contentions of Fact & Law 2/19/2016. Exhibit List due by 2/19/2016. Witness List due by 2/19/2016. File Joint Status Report Regarding Settlement due by 2/19/2016. File Agreed Upon Set of Instructions & Verdict Forms 2/19/2016. File Joint Statement Regarding Disputed Instructions, Verdicts, etc. 2/19/2016. Last date to conduct settlement conference is 2/8/2016. Last Day for Hearing Motions 2/1/2016. Discovery cut-off 1/25/2016. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 10/19/2015. Court Reporter: Not Reported. (gk) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-15 days, filed by Defendant Empire Distribution Inc... (Gale, Paul) |
| Filing 20 NOTICE of Change of Attorney Business or Contact Information: for attorney Marvin S Putnam counsel for Counter Defendants Fox Broadcasting Company, Twentieth Century Fox Television, Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television. Changing Firm Name to Latham & Watkins, LLP, 10250 Constellation Blvd., Third Floor, Los Angeles, CA 90067. Changing e-mail to marvin.putnam@lw.com. Filed by Plaintiff Twentieth Century Fox Television and Fox Broadcasting Company. (Putnam, Marvin) |
| Filing 19 ANSWER to Counterclaim #16 filed by Counter-Defendants Fox Broadcasting Company, Twentieth Century Fox Television.(Lens, Molly) |
| Filing 18 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE by Judge Percy Anderson. Scheduling Conference is set for 7/27/2015, at 10:30 a.m. (See attached document for details.) (lom) |
| Filing 17 CERTIFICATE of Interested Parties filed by defendant and counterclaimant Empire Distribution Inc., (Gale, Paul) |
| Filing 16 COUNTERCLAIM against Counter-Defendants Fox Broadcasting Company, Twentieth Century Fox Television; Jury Demand, filed by counterclaimant Empire Distribution Inc..(Gale, Paul) |
| Filing 15 ANSWER to Complaint (Attorney Civil Case Opening), #1 JURY DEMAND. filed by defendant Empire Distribution Inc..(Gale, Paul) |
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Filing 14
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #11 Application to Appear Pro Hac Vice by Attorney Michael D Hobbs, Jr on behalf of defendant Empire Distribution Inc., designating Paul L Gale as local counsel. (lom)
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Filing 13
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson: granting #12 Application to Appear Pro Hac Vice by Attorney John M Bowler on behalf of defendant Empire Distribution Inc., designating Paul L Gale as local counsel. (lom)
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| Filing 12 APPLICATION for attorney John M. Bowler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15484425 paid.) filed by defendant Empire Distribution Inc.. (Attachments: #1 Proposed Order)(Gale, Paul) |
| Filing 11 APPLICATION for attorney Michael H. Hobbs, Jr. to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15484325 paid.) filed by defendant Empire Distribution Inc.. (Attachments: #1 Proposed Order)(Gale, Paul) |
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Filing 10
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk)
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| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Peter N Villar counsel for Defendant Empire Distribution Inc.. Adding Peter N. Villar as attorney as counsel of record for Empire Distribution Inc. for the reason indicated in the G-123 Notice. Filed by defendant Empire Distribution Inc.. (Attorney Peter N Villar added to party Empire Distribution Inc.(pty:dft))(Villar, Peter) |
| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Paul L Gale counsel for Defendant Empire Distribution Inc.. Adding Paul L. Gale as attorney as counsel of record for Empire Distribution Inc. for the reason indicated in the G-123 Notice. Filed by defendant Empire Distribution Inc.. (Attorney Paul L Gale added to party Empire Distribution Inc.(pty:dft))(Gale, Paul) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Frederick F. Mumm. (esa) |
| Filing 5 EXHIBIT Filed filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation. Exhibits A & B as to Complaint (Attorney Civil Case Opening), #1 . (Putnam, Marvin) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fox Broadcasting Company, Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation. (Putnam, Marvin) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation (Putnam, Marvin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Fox Broadcasting Company, Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation. (Putnam, Marvin) |
| Filing 1 COMPLAINT Receipt No: 0973-15422964 - Fee: $400, filed by plaintiffs Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation, Fox Broadcasting Company. (Attorney Marvin S Putnam added to party Fox Broadcasting Company(pty:pla), Attorney Marvin S Putnam added to party Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation(pty:pla))(Putnam, Marvin) |
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