DIVX, LLC v. Netflix, Inc.
Plaintiff: DIVX, LLC
Defendant: Netflix, Inc.
Case Number: 2:2019cv01602
Filed: March 5, 2019
Court: US District Court for the Central District of California
Presiding Judge: Jacqueline Chooljian
Referring Judge: Michael W Fitzgerald
2 Judge: Philip S Gutierrez
3 Judge: Douglas F McCormick
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2020 Filing 108 NOTICE of Change of Attorney Business or Contact Information: for attorney David M Stein counsel for Plaintiff DIVX, LLC. Changing firm name and address to Brown Rudnick LLP, 2211 Michelson Drive, 7th Floor, Irvine, CA 92612. Changing e-mail to dstein@brownrudnick.com. Filed by Plaintiff DIVX, LLC. (Stein, David)
May 11, 2020 Filing 107 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm)
May 11, 2020 Filing 106 MINUTES (In Chambers): The Court GRANTS Defendants' Motions to Stay by Judge Philip S. Gutierrez granting #94 MOTION to Stay Case: For the reasons stated, the Court GRANTS Defendants' motions. These cases are administratively closed. As noted, any party may apply ex parte to reopen the cases as to some or all of the asserted patents (a) after the PTAB has issued preliminary decisions on all of Defendants' pending IPR petitions or (b) after the conclusion of all IPR proceedings. Because these matters are administratively closed by this Order, Hulu's ex parte application to amend the scheduling order in this case (Dkt. no. 120) is MOOT. (see document for further details) (MD JS-6. Case Terminated) (bm)
May 8, 2020 Filing 105 NOTICE re Hulu's Ex Parte Application in A Related Case filed by Defendant Netflix, Inc.(a Delaware corporation). (Perlson, David)
May 4, 2020 Filing 104 REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by #94 filed by Defendant Netflix, Inc.. (Attachments: #1 Declaration of A. Holmes, #2 Exhibit A, #3 Exhibit B)(Perlson, David)
April 27, 2020 Opinion or Order Filing 103 STIPULATED ORDER GOVERNING THE PRODUCTION OF ELECTRONICALLY STORED INFORMATION #101 by Magistrate Judge Douglas F. McCormick (es)
April 27, 2020 Filing 102 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by #94 filed by Plaintiff DIVX, LLC, Counter Defendant DIVX, LLC. (Attachments: #1 Declaration of A. Fahrenkrog, #2 Exhibit 1 to A. Fahrenkrog Decl., #3 Exhibit 2 to A. Fahrenkrog Decl., #4 Declaration of N. Egnatios)(Fahrenkrog, Aaron)
April 23, 2020 Filing 101 STIPULATION for Order Governing the Production of Electronically Stored Information filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
April 22, 2020 Opinion or Order Filing 100 STIPULATED PROTECTIVE ORDER #97 by Magistrate Judge Douglas F. McCormick (es)
April 17, 2020 Opinion or Order Filing 99 ORDER APPOINTING MEDIATOR by Judge Philip S. Gutierrez, re Stipulation #98 : Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that the Hon. Jay C. Gandhi, JAMS, is appointed as mediator in this case. (bm)
April 16, 2020 Filing 98 STIPULATION for Order Appointing Mediator filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
April 10, 2020 Filing 97 STIPULATION for Protective Order filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
March 27, 2020 Opinion or Order Filing 96 ORDER GRANTING JOINT STIPULATION AND REQUEST TO AMEND SCHEDULING ORDER by Judge Philip S. Gutierrez, re Stipulation #95 : IT IS HEREBY ORDERED that the schedule governing this case be modified as follows: Netflix's disclosure of invalidity contentions and accompanying document production [N.D. Cal. Patent L.R. 3-3]: April 2, 2020 (bm)
March 26, 2020 Filing 95 Joint STIPULATION to Amend Order,, Set/Reset Deadlines/Hearings, #89 filed by Defendant Netflix, Inc.(a Delaware corporation). (Attachments: #1 Proposed Order)(Perlson, David)
March 13, 2020 Filing 94 NOTICE OF MOTION AND MOTION to Stay Case pending Inter Partes Review filed by Netflix, Inc.. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order, #2 Declaration in Support of Netflix's Motion to Stay) (Perlson, David)
February 28, 2020 Filing 93 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to docket # 92 filed on 2/28/2020. Case transferred to Magistrate Judge Douglas F. McCormick for any discovery matters that are or may be referred by the District Judge. Case number will now read 2:19-cv-01602 PSG(DFMx). (rn)
February 28, 2020 Filing 92 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Based on the Court's directive, Magistrate Judge Douglas F. McCormick is reassigned to this case. On all documents subsequently filed in this case, please substitute the initials DFM so that the case number will now read: CV 19-1602-PSG (DFMx):THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
February 21, 2020 Filing 91 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to order filed on 2/20/2020. Case referred to Magistrate Judge Alexander F. MacKinnon for any discovery matters that are or may be referred by the District Judge. Case number will now read 2:19-cv-01602 PSG(AFMx). (rn)
February 20, 2020 Opinion or Order Filing 90 JOINT STIPULATION REGARDING MAGISTRATE JUDGE FROM PATENT PILOT PROGRAM; ORDER by Judge Philip S. Gutierrez, re Stipulation for Consideration #84 : NOTE CHANGES MADE BY THE COURT. IT IS SO ORDERED. (bm) Modified on 2/20/2020 (bm).
February 20, 2020 Opinion or Order Filing 89 CASE MANAGEMENT ORDER by Judge Philip S. Gutierrez, re Joint Report Rule 26(f) Discovery Plan #85 : Discovery cut-off 9/24/2020, Motions due by 12/10/2020, Claim Construction hearing on 8/31/2020 at 01:30 PM, Final Pretrial Conference: 4/12/2021 at 2:30 PM, Trial set for 4/27/2021 at 9:00 AM. Last day to hear dispositive motions and Daubert motions: 2/1/2021 at 1:30 PM (see document for further details) (bm)
February 20, 2020 Opinion or Order Filing 88 MINUTE ORDER (In Chambers) ORDER by Judge Philip S. Gutierrez: The Court sets a trial estimate of seven days in both cases. The Court vacates the February 24th Scheduling Conference. (bm)
February 20, 2020 Opinion or Order Filing 87 ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 4/12/2021 02:30 PM. Jury Trial set for 4/27/2021 09:00 AM. (wm)
February 19, 2020 Filing 86 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Proposed Schedule #85 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations-Order. Other error(s) with document(s): Docket entry text does not match caption of attached document. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm)
February 18, 2020 Filing 85 JOINT REPORT Rule 26(f) Discovery Plan Supplemental Joint Proposed Schedule ; estimated length of trial 2-3 weeks, filed by Counter Defendants DIVX, LLC, DIVX, LLC, Plaintiff DIVX, LLC.. (Attachments: #1 Proposed Order)(Fahrenkrog, Aaron)
February 7, 2020 Filing 84 Joint STIPULATION for Consideration of Magistrate Judge from Patent Pilot Program filed by defendant Netflix, Inc.(a Delaware corporation).(Yang, Lance)
January 30, 2020 Filing 82 TRANSCRIPT ORDER as to plaintiff DIVX, LLC(a Delaware limited liability company) for Court Reporter. Court will contact Kia Schmeckpeper at KSchmeckpeper@RobinsKaplan.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tremblay, Emily)
January 29, 2020 Opinion or Order Filing 83 MINUTE ORDER (In Chambers): Order Setting Claim Construction-Related Dates and Trial Date by Judge Philip S. Gutierrez: As discussed at the Scheduling Conference on January 27, 2020, the Court enters the following dates and procedures in this case: Joint Claim Construction and Prehearing Statement that complies with the requirements of N.D. Cal. Patent L.R. 4-3(a), (b), (c) (up to a maximum of 15 most significant terms rather than 10), (d), (e), (f).: June 11, 2020; Simultaneous Opening Claim Construction Briefs, not to exceed 30 pages combined total for both cases. No more than 15 claim terms combined total for both cases may be presented for construction in claim construction briefs unless leave is sought and granted by Court at least 10 days before opening briefs are due and for good cause shown.:July 9, 2020; Simultaneous Responsive Claim Construction Briefs, not to exceed 15 pages combined total for both cases. Parties must seek leave of Court by this date as to any demonstrative materials, such as PowerPoint slides, they would seek to use at the Claim Construction Hearing to support their claim construction positions, including by submitting the proposed materials themselves for consideration. Late-disclosed demonstratives be permitted at the hearing. Parties are also directed to email chambers a word processing document that includes a chart with columns for: (1) the disputed claim terms (with an identification of which asserted claims each term appears in), (2) Plaintiffs proposed construction for each term, (3) Defendants proposed construction for each term, and (4) the Courts construction for each term (to be filled in by Court):August 6, 2020; Claim Construction Hearing: August 31, 2020 at 1:30pm; Pretrial: April 12, 2021 at 2:30pm; Trial: April 27, 2021 at 9:00am; As further discussed at the Scheduling Conference, the parties are directed to meet and confer and file a joint stipulation with attached proposed order that includes updated proposals for all other pretrial dates in this matter, as well as procedures for narrowing the number of asserted claims and prior art grounds in this case. (bm)
January 27, 2020 Filing 81 MINUTES OF Scheduling Conference held before Judge Philip S. Gutierrez: Cause called; appearances made. Scheduling conference is not held. Court and counsel confer about the status of the case. The Court instructs counsel to meet and confer and then stipulate to a magistrate judge participating in the Patent Pilot Program. Either a stipulation or a notice that the parties are unable to agree upon a particular magistrate judge must be filed by next week. In addition, counsel are instructed to discuss narrowing the number of claims prior to claims construction and the appropriate time to schedule mediation. Court continues the scheduling conferences to February 24, 2020, at 2:00 p.m., with a joint status report due by February 18, 2020. Order to issue. Court Reporter: Marea Woolrich. (bm)
January 20, 2020 Filing 80 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2-3 weeks, filed by Plaintiff DIVX, LLC, Counter Defendant DIVX, LLC.. (Fahrenkrog, Aaron)
December 10, 2019 Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #78 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Caption of Answer to Counterclaim does not also include additional counterclaim caption. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm)
December 9, 2019 Filing 78 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #76 with JURY DEMAND filed by Plaintiff DIVX, LLC(a Delaware limited liability company).(Fahrenkrog, Aaron)
December 9, 2019 Opinion or Order Filing 77 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 1/27/2020 at 02:00 PM. (wm)
December 5, 2019 Filing 76 ANSWER to Amended Complaint/Petition,, #60 with JURY DEMAND, COUNTERCLAIM against DIVX, LLC filed by Defendant and Counterclaimant Netflix, Inc..(Yang, Lance)
November 26, 2019 Filing 74 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #73 with JURY DEMAND filed by Plaintiff DIVX, LLC.(Fahrenkrog, Aaron)
November 25, 2019 Opinion or Order Filing 75 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer #73 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies. (bm)
November 18, 2019 Filing 73 DOCUMENT STRICKEN ON 11/25/19. ANSWER to Amended Complaint/Petition,, #60 with JURY DEMAND, COUNTERCLAIM against DIVX, LLC filed by Defendant and Counterclaimant Netflix, Inc..(Yang, Lance) Modified on 11/27/2019 (bm).
November 4, 2019 Filing 72 MINUTES (In Chambers): The Court DENIES Defendants' Motions to Dismiss the FACs WITHOUT PREJUDICE by Judge Philip S. Gutierrez denying #61 MOTION to Dismiss: For the reasons stated, the Court DENIES Defendants' Motions WITHOUT PREJUDICE. (see document for further details) (bm)
October 29, 2019 Filing 71 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez : DEFENDANT'S MOTION TO DISMISS #61 set for hearing on 11/04/19 is taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
October 17, 2019 Opinion or Order Filing 70 ORDER re STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT AT THE NOVEMBER 4, 2019 HEARING by Judge Philip S. Gutierrez, re Stipulation #69 : DENIED. (bm)
October 14, 2019 Filing 69 STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #61 filed by Defendant Netflix, Inc.. (Attachments: #1 Proposed Order)(Yang, Lance)
October 7, 2019 Filing 68 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #61 filed by Defendant Netflix, Inc.. (Yang, Lance)
September 30, 2019 Filing 67 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #61 filed by Plaintiff DIVX, LLC. (Attachments: #1 Exhibit 1)(Fahrenkrog, Aaron)
September 18, 2019 Filing 66 TRANSCRIPT ORDER for Court Reporter. Court will contact Jill Parrott at jparrott@robinskaplan.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ha)
September 9, 2019 Filing 65 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: MOTION to Dismiss #61 by Judge Philip S. Gutierrez. The document is accepted as filed. (wm)
September 9, 2019 Opinion or Order Filing 64 MINUTE ORDER IN CHAMBERS re Order Modifying Briefing Schedule for Oppositions and Replies to Defendants' Pending Motions to Dismiss by Judge Philip S. Gutierrez: Defendants have filed motions to dismiss the first amended complaints in this case, which are set for hearing on November 4, 2019 at 1:30 pm. Netflix Motion, CV 19-1602, Dkt. no. 62; Hulu Motion, CV 19-1606, Dkt. no. 60. Having considered the Motions, the Court ORDERS that the oppositions to the Motions be filed no later than September 30, 2019 and that the replies to the Motions be filed no later than October 7, 2019. See C.D. Cal. L.R. 7-2 (requirements of Local Rule 7, including local rule deadlines to file opposition and reply, are applicable "unless otherwise ordered by the Court."). (bm)
September 5, 2019 Filing 63 Notice of Appearance or Withdrawal of Counsel: for attorney David M Stein counsel for Plaintiff DIVX, LLC. Adding David M. Stein as counsel of record for DivX, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff DivX, LLC. (Attorney David M Stein added to party DIVX, LLC(pty:pla))(Stein, David)
September 5, 2019 Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #61 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Motion is noticed for a date that is closed on the court's calendar. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (bm)
September 4, 2019 Filing 61 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Netflix, Inc.. Motion set for hearing on 11/4/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B) (Yang, Lance)
August 21, 2019 Filing 60 FIRST AMENDED COMPLAINT against Defendant Netflix, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff DIVX, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, part 1, #12 Exhibit 11, part 2, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, part 1, #16 Exhibit 14, part 2, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17)(Fahrenkrog, Aaron)
August 8, 2019 Filing 59 MINUTES (IN CHAMBERS) The Court GRANTS the motions IN PART as to the patents challenged under 35 U.S.C. Section 101 and DENIES the motions IN PART as to the induced infringement claims by Judge Philip S. Gutierrez granting in part and denying in part #44 MOTION to Dismiss Case: For the reasons stated, the Court GRANTS-IN-PART Defendants' Motions as it relates to each of the challenged patents based on insufficient allegations in Plaintiff's Complaints to support its factual assertions in its oppositions. Plaintiff is permitted leave to file amended complaints. Failure to file amended complaints will result in a dismissal with prejudice. Any amended complaint must be filed by August 21, 2019. The Court DENIES-IN-PART Defendants' Motions as to their challenge to the Complaints' induced infringement allegations. (see document for further details) (bm)
July 29, 2019 Filing 58 MINUTES OF HEARING ON MOTION TO DISMISS CASE Hearing held before Judge Philip S. Gutierrez: Case is called and appearances are made. Hearing on the Motions to Dismiss (dkt. #44 in 19cv1602; dkt. #47 in 19cv1606). Argument is heard. The matter is taken under submission. The Court's ruling will issue. Court Reporter: Marea Woolrich. (bm)
July 25, 2019 Filing 57 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #44 (Attachments: #1 Exhibit)(Fahrenkrog, Aaron)
July 25, 2019 Filing 56 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case #44 (Attachments: #1 Exhibit A)(Yang, Lance)
July 19, 2019 Opinion or Order Filing 55 ORDER GRANTING STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT AT THE JULY 29, 2019HEARING by Judge Philip S. Gutierrez, re Stipulation #54 : Pursuant to the stipulation of the parties and for good cause shown,the Court permits the use of electronic equipment in the courtroom for the July 29,2019 hearing.NOTE: CHANGES MADE BY THE COURT. Pursuant to the stipulations of the parties and for good cause shown, the Court permits the use of electronic equipment in the courtroom for the July 29, 2019 hearing. The Court ORDERS that any demonstrative a party intends to use at the hearing, for instance, PowerPoint slides, must be served on opposing counsel and lodged with the Court by noon on July 25, 2019. Demonstratives that are not exchanged and lodged by that date and time may not be used at the hearing. The parties are further advised that they should anticipate significant limits on the amount of time that they will be permitted to present oral argument at the hearing. (bm)
July 18, 2019 Filing 54 STIPULATION AND JOINT MOTION REGARDING USE OF ELECTRONIC EQUIPMENT re NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Defendant Netflix, Inc.. (Attachments: #1 Proposed Order)(Yang, Lance)
July 9, 2019 Opinion or Order Filing 53 MINUTE ORDER IN CHAMBERS Order Continuing Hearing Date on Defendant's Motion to Dismiss Case by Judge Philip S. Gutierrez: Having considered the Motion, the Court CONTINUES the hearing on the Motion, currently scheduled for July 15, 2019 at 10:00 a.m., to July 29, 2019 at 1:30 p.m. such that it can be heard consistent with this Courts motion calendar and concurrently with the motion to dismiss that is scheduled in Case No. CV 19-1606 PSG (JPRx). (bm)
July 2, 2019 Opinion or Order Filing 52 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
July 1, 2019 Filing 51 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Defendant Netflix, Inc.. (Yang, Lance)
July 1, 2019 Filing 50 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Case #44 NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF DIVX, LLCS RESPONSE IN OPPOSITION TO MOTION TO DISMISS filed by Plaintiff DIVX, LLC. (Allender, Daniel)
June 28, 2019 Opinion or Order Filing 49 ORDER TRANSFERRING CIVIL ACTION pursuant General Order 19-03. ORDER case transferred from Judge Michael W. Fitzgerald to the calendar of Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-01602 PSG(JCx). Signed by Judge Michael W. Fitzgerald and Judge Philip S. Gutierrez. (rn)
June 24, 2019 Filing 48 DECLARATION of Aaron R. Fahrenkrog in opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Plaintiff DIVX, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fahrenkrog, Aaron)
June 24, 2019 Filing 47 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Plaintiff DIVX, LLC. (Fahrenkrog, Aaron)
May 31, 2019 Filing 46 MINUTES (IN CHAMBERS) DISCLOSURE TO THE PARTIES by Judge Michael W. Fitzgerald. In this case, the Court believes that disqualification is neither necessary nor desirable. The Court was unaware of the purchases of the shares when they occurred. The Court made no substantive rulings during the period of ownership. The shares were divested under 455(f). The Court does not view this single matter as plausibly affecting the market price of Netflix stock. (iv)
May 31, 2019 Filing 45 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #44 filed by Defendant Netflix, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Yang, Lance)
May 31, 2019 Filing 44 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Netflix, Inc.. Motion set for hearing on 7/15/2019 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Yang, Lance)
May 30, 2019 Filing 43 CORPORATE DISCLOSURE STATEMENT filed by Defendant Netflix, Inc. (Yang, Lance)
May 23, 2019 Filing 42 NOTICE of Related Case(s) filed by Defendant Netflix, Inc.. Related Case(s): DivX, LLC v. Hulu, LLC, No. 2:19-cv-01606-PSG-JPR (Yang, Lance)
May 16, 2019 Opinion or Order Filing 41 ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT AND PAGE LIMIT #38 by Judge Michael W. Fitzgerald. Defendant Netflix, Inc.'s time to respond to the Complaint is extended to and including May 31, 2019; and the memorandum of points and authorities for its Rule 12(b)(6) motion shall not exceed 35 pages in length, excluding indices and exhibits. (iv)
May 15, 2019 Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Valerie Anne Lozano counsel for Defendant Netflix, Inc.. Adding Valerie A. Lozano as counsel of record for Netflix, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Netflix, Inc.. (Attorney Valerie Anne Lozano added to party Netflix, Inc.(pty:dft))(Lozano, Valerie)
May 15, 2019 Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Brian P Biddinger counsel for Defendant Netflix, Inc.. Adding Brian P. Biddinger as counsel of record for Netflix, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Netflix, Inc.. (Attorney Brian P Biddinger added to party Netflix, Inc.(pty:dft))(Biddinger, Brian)
May 14, 2019 Filing 38 Joint STIPULATION for Extension of Time to File Answer to May 31, 2019 filed by Defendant Netflix, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Yang, Lance)
May 13, 2019 Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew M Holmes counsel for Defendant Netflix, Inc.. Adding Andrew M. Holmes as counsel of record for Netflix, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Netflix, Inc.. (Attorney Andrew M Holmes added to party Netflix, Inc.(pty:dft))(Holmes, Andrew)
May 13, 2019 Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Lance Yang counsel for Defendant Netflix, Inc.. Adding Lance L. Yang as counsel of record for Netflix, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Netflix, Inc.. (Attorney Lance Yang added to party Netflix, Inc.(pty:dft))(Yang, Lance)
May 13, 2019 Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney David A Perlson counsel for Defendant Netflix, Inc.. Adding David A. Perlson as counsel of record for Netflix, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Netflix, Inc.. (Attorney David A Perlson added to party Netflix, Inc.(pty:dft))(Perlson, David)
April 2, 2019 Opinion or Order Filing 34 ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT BY MORE THAN 30 DAYS #33 by Judge Michael W. Fitzgerald. The time for defendant Netflix Inc. to respond to the complaint is continued to May 17, 2019. (iv)
April 2, 2019 Filing 33 Joint STIPULATION for Extension of Time to File Answer to 5/17/2019 re Complaint (Attorney Civil Case Opening), #1 filed by plaintiff DIVX, LLC. (Attachments: #1 Proposed Order)(Allender, Daniel)
March 18, 2019 Filing 32 PROOF OF SERVICE Executed by Plaintiff DIVX, LLC, upon Defendant Netflix, Inc. served on 3/12/2019, answer due 4/2/2019. Service of the Summons and Complaint were executed upon Carlos Paz, CT Corporation System, Authorized Agent for Service of Process in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Additional documents served: Civil Case Cover Sheet; Notice of Interested Parties; Notice of Assignment to United States Judge; Notice of Court Directed ADR Program (Allender, Daniel)
March 12, 2019 Filing 31 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Netflix, Inc. (iv)
March 12, 2019 Filing 30 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff DIVX, LLC. (Allender, Daniel)
March 12, 2019 Filing 29 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #12 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv)
March 11, 2019 Opinion or Order Filing 28 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Emily J. Tremblay to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #20 . (iv)
March 11, 2019 Opinion or Order Filing 27 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney William E. Maske to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #19 . (iv)
March 11, 2019 Opinion or Order Filing 26 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Shui Li to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #18 . (iv)
March 11, 2019 Opinion or Order Filing 25 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Aaron R. Fahrenkrog to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #17 . (iv)
March 11, 2019 Opinion or Order Filing 24 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Bryan J. Mechell to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #16 . (iv)
March 11, 2019 Opinion or Order Filing 23 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Rajin S. Olson to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #15 . (iv)
March 11, 2019 Opinion or Order Filing 22 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Mary Pheng to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #14 . (iv)
March 11, 2019 Opinion or Order Filing 21 ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Christopher A. Seidl to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC, designating Daniel L. Allender as local counsel #13 . (iv)
March 7, 2019 Filing 20 APPLICATION of Non-Resident Attorney Emily J. Tremblay to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23339345) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 19 APPLICATION of Non-Resident Attorney William E. Manske to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337650) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 18 APPLICATION of Non-Resident Attorney Shui Li to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337516) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 17 APPLICATION of Non-Resident Attorney Aaron R. Fahrenkrog to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337389) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 16 APPLICATION of Non-Resident Attorney Bryan J. Mechell to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337279) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 15 APPLICATION of Non-Resident Attorney Rajin S. Olson to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337140) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 14 APPLICATION of Non-Resident Attorney Mary Pheng to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23337020) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 7, 2019 Filing 13 APPLICATION of Non-Resident Attorney Christopher A. Seidl to Appear Pro Hac Vice on behalf of Plaintiff DIVX, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23336750) filed by Plaintiff DIVX, LLC. (Attachments: #1 Proposed Order) (Allender, Daniel)
March 6, 2019 Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DIVX, LLC. (Silberfeld, Roman)
March 6, 2019 Filing 11 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil)
March 6, 2019 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Bryan J. Mechell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
March 6, 2019 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron R. Fahrenkrog. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
March 6, 2019 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Christopher A. Seidl. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil)
March 6, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
March 6, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jacqueline Chooljian. (jtil)
March 5, 2019 Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 4 Certificate and NOTICE of Interested Parties filed by Plaintiff DIVX, LLC, identifying DivX CF Investors LLC. (Silberfeld, Roman)
March 5, 2019 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff DIVX, LLC. (Silberfeld, Roman)
March 5, 2019 Filing 1 COMPLAINT Receipt No: 0973-23319837 - Fee: $400, filed by Plaintiff DIVX, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Attorney Roman M Silberfeld added to party DIVX, LLC(pty:pla))(Silberfeld, Roman)

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Search for this case: DIVX, LLC v. Netflix, Inc.
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Plaintiff: DIVX, LLC
Represented By: Roman M Silberfeld
Represented By: Aaron R Fahrenkrog
Represented By: Shui Li
Represented By: Rajin S Olson
Represented By: Daniel Lewis Allender
Represented By: Mary Pheng
Represented By: William E Manske
Represented By: Christopher A Seidl
Represented By: Bryan J Mechell
Represented By: Emily J Tremblay
Represented By: David M Stein
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Defendant: Netflix, Inc.
Represented By: Brian P Biddinger
Represented By: Andrew M Holmes
Represented By: Lance L Yang
Represented By: David A Perlson
Represented By: Valerie Anne Lozano
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