Viacom International Inc. v. MGA Entertainment, Inc.
| Viacom International Inc. |
| MGA Entertainment, Inc. |
| 2:2016cv09618 |
| December 29, 2016 |
| US District Court for the Central District of California |
| Charles F Eick |
| Manuel L Real |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2018. A more recent docket listing may be available from PACER.
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Filing 52
ORDER RE CORRECTED STIPULATION OF DISMISSAL AND RELEASE OF SURETY BOND by Judge Manuel L. Real: Upon Corrected Stipulation #51 , IT IS HEREBY ORDERED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action be dismissed with each party to bear its own attorneys' fees and costs, in consideration of a negotiated settlement executed by the parties. Aspen American Insurance Company, along with its subsidiaries, affiliates, successors and assigns, shall be fully and unconditionally discharged, released, and exonerated from any and all past, present, and future liability in connection with the surety bond (i.e. the Undertaking executed by Aspen American Insurance Company on or about 11/20/2017) on file in this action, Bond No. SU53388. Any continued claims made by Plaintiff against any Defendant in this matter shall not affect the foregoing release of Aspen American Insurance Company's liability pursuant to the surety bond in this action, Bond No. SU53388, which release is final and absolute. Bond #43 ,. (gk)
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| Filing 51 Corrected STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Viacom International Inc..(Kendall, Richard) |
| Filing 50 NOTICE OF ERRATA filed by Plaintiff Viacom International Inc.. correcting Stipulation to Dismiss Case #49 (Kendall, Richard) |
| Filing 49 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Viacom International Inc..(Kendall, Richard) |
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Filing 48
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #40 filed by MGA Entertainment, Inc. CCA # 17-56750. Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. A copy of this order shall serve as and for the mandate of this court. (gk)
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Filing 47
ORDER APPROVING SUPERSEDEAS BOND AND STAYING EXECUTION OF THE JUDGMENT PENDING APPEAL by Judge Manuel L. Real: Upon Stipulation #44 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the supersedeas bond submitted to the Court by MGA Entertainment, Inc. on 11/20/2017, in the sum of $268,879.02, is of sufficient amount and proper form, and is approved by the Court so as to stay execution of the Final Judgment against MGA Entertainment, Inc. during appeal pursuant to Federal Rule of Civil Procedure 62(d). Execution and enforcement of the Final Judgment is HEREBY STAYED pending appeal. (gk)
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| Filing 46 NOTICE OF LODGING filed re Bond #43 (Johnson, Benjamin) |
| Filing 44 STIPULATION for Order Approving Supersedeas Bond filed by defendant MGA Entertainment, Inc..(Johnson, Benjamin) |
| Filing 43 SUPERSEDEAS BOND in the amount of $ 268,879.02 posted by Defendant MGA Entertainment, Inc. (Johnson, Benjamin) |
| Filing 42 STIPULATION for Judgment as to Against MGA filed by Defendant MGA Entertainment, Inc..(Johnson, Benjamin) |
| Filing 45 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56750 assigned to Notice of Appeal to 9th Circuit Court of Appeals #40 as to Defendant MGA Entertainment, Inc. (gk) |
| Filing 41 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #40 . (Johnson, Benjamin) |
| Filing 40 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant MGA Entertainment, Inc.. Appeal of Order on Motion for Summary Judgment, #39 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20845800.) (Johnson, Benjamin) |
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Filing 39
ORDER GRANTING PLAINTIFF VIACOM INTERNATIONAL INC.'S MOTION FOR SUMMARY JUDGMENT by Judge Manuel L. Real: Plaintiff Viacom International Inc. is entitled to receive $206,223.60, plus prejudgment interest at the statutory rate. IT IS HEREBY ORDERED that Plaintiff Viacom International Inc.'s Motion for Summary Judgment #28 is GRANTED. ( MD JS-6. Case Terminated. ) (gk)
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| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Randall L Jackson counsel for Plaintiff Viacom International Inc.. Randall L. Jackson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Viacom International Inc.. (Jackson, Randall) |
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Filing 37
TEXT ONLY SCHEDULING ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Plaintiff's Motion for Summary Judgment (Dckt. No. #28 ) set for hearing on May 15, 2017 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of May 15, 2017 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service filed 4/17/2017 #27 . The following error(s) was found: Title page is missing. 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. (gk) |
| Filing 35 REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment #28 filed by Plaintiff Viacom International Inc.. (Attachments: #1 Reply In Support of Separate Statement of Uncontroverted Facts and Conclusions of Law, #2 Supplemental Declaration of Nary Kim, #3 Evidentiary Objections to Declaration of Benjamin C. Johnson, #4 Response to Objections to Declaration of Stephen Eleby, #5 Response to Objection to Declaration of Nary Kim, #6 Proposed Judgment)(Jackson, Randall) |
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Filing 34
ORDER (IN CHAMBERS) SETTING PRE-TRIAL & TRIAL DATES by Judge Manuel L. Real.COUNSEL ARE NOTIFIED that this action is hereby placed on calendar for FINAL PRE-TRIAL CONFERENCE on NOVEMBER 6, 2017 AT 11:00 A.M. Memoranda of Contentions of Fact and Law, Exhibit Lists and Witness Lists shall be filed and served on or before OCTOBER 16, 2017, which date will also serve as the discovery cut-off date in this action. There is no Motion Cut-Off Date set. PRE-TRIAL CONFERENCE ORDER shall be lodged with this Court on or before OCTOBER 30, 2017. JURY TRIAL DATE is set as DECEMBER 5, 2017 AT 9:00 A.M. IT IS SO ORDERED. (cch)
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Filing 33
ORDER by Judge Manuel L. Real Granting Request for Approval of Substitution of Attorney Benjamin C. Johnson for Defendant MGA Entertainment, Inc. in place of Attorneys Jennifer L. Keller, Steven J. Aaronoff, and Thomas Kao #32 . (gk)
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| Filing 32 REQUEST TO SUBSTITUTE ATTORNEY Benjamin C. Johnson in place of attorney Jennifer L. Keller, Steven J. Aaronoff, Thomas H. Kao, Keller/Anderle LLP filed by Defendant MGA Entertainment, Inc.. (Attachments: #1 Proposed Order) (Keller, Jennifer) |
| Filing 31 MEMORANDUM in Opposition to Viacom filed by Defendant MGA Entertainment, Inc.. (Attachments: #1 Separate Statement, #2 Declaration Ben Johson, #3 Objections to Declaration of Stephen Eleby, #4 Objections to Declaration of Nary Kim)(Marrow, Jennifer) |
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Filing 30
ORDER GRANTING VIACOM'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL #25 by Judge Manuel L. Real: The Court, having considered Viacom International Inc.s Application for Leave to File Documents Under Seal, and compelling reasons appearing, HEREBY ORDERS as follows: The Application to file under seal the following portions of exhibits in connection with Viacom International Inc.s Motion for Summary Judgment is GRANTED with respect to the following materials: 1. Pricing- and rate-related information contained in Viacoms Letter of Agreement with an advertising agency (attached as Exhibit B to the Declaration of Stephen Eleby).; 2. Pricing- and rate-related information contained in Viacoms Letter of Agreement with an advertising agency (attached as Exhibit B to the Declaration of Stephen Eleby). IT IS SO ORDERED. (clee)
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| Filing 29 SEALED DOCUMENT Declaration of Stephen Eleby re Protective Order #24 filed by Plaintiff Viacom International Inc.. (Attachments: #1 Proof of Service)(Kendall, Richard) |
| Filing 28 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Viacom International Inc.. Motion set for hearing on 5/15/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Separate Statement of Uncontroverted Facts and Conclusions of Law, #2 Declaration of Stephen Eleby, #3 Declaration of Nary Kim, #4 Proposed Order) (Kendall, Richard) |
| Filing 27 PROOF OF SERVICE filed by Plaintiff Viacom International Inc., re Sealed Declaration in SupportDeclaration #26 served on April 17, 2017. (Kendall, Richard) |
| Filing 26 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #25 filed by Plaintiff Viacom International Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document)(Kendall, Richard) |
| Filing 25 APPLICATION to file document under seal filed by Plaintiff Viacom International Inc.. (Attachments: #1 Redacted Document, #2 Redacted Document, #3 Proposed Order)(Kendall, Richard) |
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Filing 24
PROTECTIVE ORDER by Judge Manuel L. Real, re Stipulation for Protective Order #23 . See document for details. (gk)
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| Filing 23 STIPULATION for Protective Order filed by Defendant MGA Entertainment, Inc.. (Attachments: #1 Proposed Order)(Keller, Jennifer) |
| Filing 22 JOINT REPORT of EARLY MEETING filed by Plaintiff Viacom International Inc.. (Kendall, Richard) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer A Marrow counsel for Defendant MGA Entertainment, Inc.. Adding Benjamin C. Johnson as counsel of record for MGA Entertainment, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant MGA Entertainment, Inc. (Attorney Jennifer A Marrow added to party MGA Entertainment, Inc.(pty:dft))(Marrow, Jennifer) |
| Filing 20 ANSWER to Complaint (Attorney Civil Case Opening) #1 Answer of Defendant MGA Entertainment, Inc. to Plaintiff's Complaint filed by Defendant MGA Entertainment, Inc..(Kao, Thomas) |
| Filing 19 NOTICE of Interested Parties filed by Defendant MGA Entertainment, Inc., (Kao, Thomas) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas H Kao counsel for Defendant MGA Entertainment, Inc.. Adding Thomas H. Kao as counsel of record for MGA Entertainment, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant MGA Entertainment, Inc.. (Attorney Thomas H Kao added to party MGA Entertainment, Inc.(pty:dft))(Kao, Thomas) |
| Filing 17 STIPULATION Extending Time to Answer the complaint as to MGA Entertainment, Inc. answer now due 2/22/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant MGA Entertainment, Inc..(Keller, Jennifer) |
| Filing 16 NOTICE TO PARTIES by District Judge Manuel L. Real. Effective February 13, 2017, Judge Real will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 880 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 880 of the Roybal Federal Building and U.S. Courthouse. All mandatory chambers copies shall be placed in the courtesy copy in-box outside of and adjacent to the courtroom, or mailed to the Court via overnight mail within 12 court business hours of the time the document was e-filed. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to MGA Entertainment, Inc. answer now due 2/15/2017, filed by Defendant MGA Entertainment, Inc..(Keller, Jennifer) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer L Keller counsel for Defendant MGA Entertainment, Inc.. Adding Jennifer L. Keller as counsel of record for MGA Entertainment, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant MGA Entertainment, Inc.. (Attorney Jennifer L Keller added to party MGA Entertainment, Inc.(pty:dft))(Keller, Jennifer) |
| Filing 13 NOTICE of Entry of Order filed by Plaintiff Viacom International Inc.. (Kendall, Richard) |
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Filing 12
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real.READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (iv)
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:15-cv-09621 R(Ex). Case transferred from Magistrate Judge Alicia G. Rosenberg and Judge Otis D. Wright, II to Judge Manuel L. Real and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:16-cv-09618 R(Ex). Signed by Judge Manuel L. Real (rn)
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| Filing 10 PROOF OF SERVICE Executed by Plaintiff Viacom International Inc., upon Defendant MGA Entertainment, Inc. served on 1/4/2017, answer due 1/25/2017. Service of the Summons and Complaint were executed upon Carrie McQuaid, Counsel in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Kendall, Richard) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents (lc)
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendant MGA Entertainment, Inc. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alicia G. Rosenberg. (esa) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiff Viacom International Inc.. Re Related Case(s): 2:15-cv-09621 (Kendall, Richard) |
| Filing 4 NOTICE of Interested Parties identifying Viacom Inc., Viacom International Inc., and MGA Entertainment, Inc. (Kendall, Richard) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Viacom International Inc.. (Kendall, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Viacom International Inc.. (Kendall, Richard) |
| Filing 1 COMPLAINT Receipt No: 0973-19122834 - Fee: $400, filed by Plaintiff Viacom International Inc.. (Attorney Richard B Kendall added to party Viacom International Inc.(pty:pla))(Kendall, Richard) |
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