Stephen Cummings v. Dolby Laboratories, Inc. et al
| Stephen Cummings |
| Lightstorm Entertainment, Inc., Dolby Laboratories, Inc., James Cameron, -, Twentieth Century Fox Film Corp., Paramount Home Entertainment, Inc., Sony Pictures Entertainment, Inc., Paramount Pictures, Corp., James Cameron and Does 1-50 |
| 2:2020cv04443 |
| May 15, 2020 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Otis D Wright |
| Copyright |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 53 MINUTES OF MOTION TO DISMISS by Defendant Sony Pictures Entertainment, Inc Hearing held before Judge Otis D. Wright, II: Case called, appearances by Telephone made.The Court having carefully considered the paperssubmitted and having heard oral argument, the motion is GRANTED. A formal order will issue. The Court warned Mr. Cummings to stop filing duplicative complaints. Court Reporter: None. (lc) |
| Filing 52 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On July 7, 2020, the Plaintiff Cummings requested the Court for an extension to file oppositions to several motions to dismiss filed in this matter #43 On the same day,he also filed his opposition to the motions. (ECF No. 45.) Although Cummings fails to demonstrate good cause or otherwise justify his delay, the Court, considering his pro se status, will consider his opposition in its disposition of the motions. Defendants may file replies to his opposition no later than July 20, 2020 should they chose to respond. Accordingly, the Court grants the request sought at ECF No. 43. (lc) |
| Filing 51 PROOF OF SERVICE filed by Defendant Twentieth Century Fox Film Corp., re Proof of Service (subsequent documents) #50 served on July 9, 2020. (Litvack, Mark) |
| Filing 50 PROOF OF SERVICE filed by Defendant Twentieth Century Fox Film Corp., of Filing of Notice of Removal of Action from State Court served on May 18, 2020. (Litvack, Mark) |
| Filing 49 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #47 , Summons Request #48 . 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. Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. 1) No et als permitted on the caption. 2) Please attach a clean caption page with all parties as in the filed complaint. 2) NOTE THE REMOVING DEFENDANT did not provide a conformed filed stamped copy filed in state court to date; 3) the Name of the defendant in the TO: has to be complete and exact as on the complaint (re Sony); 4) Missing the Pro Se plaintiffs Name and address on the plaintiff attorney area.. These documents were received with plaintiffs other document filed by the Clerk on 7/6/20, therefore it was reviewed as a summons request this date.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (Attachments: #1 Dolby, #2 Sony) (lc) |
| Filing 42 JOINDER in NOTICE OF MOTION AND MOTION for Attorney Fees #16 filed by Defendant Sony Pictures Entertainment, Inc.. (Silberberg, Carol) |
| Filing 41 JOINDER in NOTICE OF MOTION AND MOTION for Order for to Declare Plaintiff Stephen Cummings a Vexatious Litigant #17 filed by Defendant Sony Pictures Entertainment, Inc.. (Silberberg, Carol) |
| Filing 40 JOINDER in Second NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendant Sony Pictures Entertainment, Inc.. (Silberberg, Carol) |
| Filing 39 NOTICE of Interested Parties filed by Defendant Sony Pictures Entertainment, Inc., identifying Sony Corporation. (Silberberg, Carol) |
| Filing 38 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities #37 filed by Defendant Sony Pictures Entertainment, Inc.. (Attachments: #1 Declaration of Carol M. Silberberg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Silberberg, Carol) |
| Filing 37 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities filed by Defendant Sony Pictures Entertainment, Inc.. Motion set for hearing on 8/10/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order, #2 Proof of Service) (Attorney Carol M Silberberg added to party Sony Pictures Entertainment, Inc.(pty:dft)) (Silberberg, Carol) |
| Filing 48 Request for Clerk to Issue Summons on Complaint - (Discovery), filed by plaintiff Stephen Cummings. (lc) |
| Filing 47 Request for Clerk to Issue Summons on Complaint - (Discovery), filed by plaintiff Dolby Laboratories, Inc. (lc) |
| Filing 46 STATEMENT FINANCIAL STATEMENT AND AFFDAVIT OF SERVICE filed by Plaintiff Stephen Cummings (lc) |
| Filing 45 BRIEF AND MEMORANDUM OF LAW IN OPPOSTION TO (DEFENDANTS MOTION (S) TO DISMISS, DATED (JUNE 15, 2020), (JUNE 25, 2020),(ON OR BEFORE JULY 3, 2020), AND PLAINTIFF'S (CORPORATE DISCLOSURE STATEMENT AND, CERTIFICATE OF INTERESTED PARTIES) #20 , #29 , #37 filed by Plaintiff Stephen Cummings. (lc) Modified on 7/8/2020 (lc). |
| Filing 44 BRIEF IN SUPPORT OF MOTION FOR EXTENTION OF TIME TO FILE BRIEF IN OPPOSITION-RESPONSE) TO DEFENDANTS (MOTION (S) TO DISMISS DATED (JUNE 15, 2020), (JUNE 25, 2020) AND (ON OR BEFORE JULY 3, 2020) #43 filed by Plaintiff Stephen Cummings. (lc) |
| Filing 43 MOTION FOR EXTENTION OF TIME TO FILE BRIEF IN OPPOSITION-RESPONSE) TO DEFENDANTS (MOTION (S) TO DISMISS DATED (JUNE 15, 2020), (JUNE 25, 2020) AND (ON OR BEFORE JULY 3, 2020) filed by plaintiff Stephen Cummings. (lc) |
| Filing 36 COUNSEL AND PARTY ARE NOTIFIED, the MOTION for Order for to Declare Plaintiff Stephen Cummings a Vexatious Litigant #17 , set for July 13, 2020 at 1:30 pm will remain on calendar. Appearances in person ARE REQUIRED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 35 The hearing on the MOTION for Attorney Fees #16 ; MOTION for Order for to Declare Plaintiff Stephen Cummings a Vexatious Litigant #17 , scheduled for July 13, 2020 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 34 PROOF OF SERVICE filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp., re Reply (Motion related), #33 in Support of Motion to Dismiss served on June 29, 2020. (Litvack, Mark) |
| Filing 33 REPLY in Support of Second NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Litvack, Mark) |
Filing 32
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:The Court moves the hearing for the Motion to Dismiss #20 to July 27, 2020 at 1:30 PM. All other deadlines shall remain the same. (lc)
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| Filing 31 PROOF OF SERVICE filed by Defendant Dolby Laboratories, Inc., re NOTICE OF MOTION AND MOTION to Dismiss Case #29 , Request for Judicial Notice,, #30 , Certificate/Notice of Interested Parties, #28 served on June 25, 2020. (Diamant, Samuel) |
| Filing 30 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #29 filed by Defendant Dolby Laboratories, Inc.. (Attachments: #1 Decl. of Samuel R. Diamant, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Proposed Order)(Diamant, Samuel) |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Dolby Laboratories, Inc.. Motion set for hearing on 7/27/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Decl. of Samuel R. Diamant, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Diamant, Samuel) |
| Filing 28 Dolby Laboratories, Inc.'s Notice Of Interested Parties (Civ. L.R. 7.1-1) and Corporate Disclosure Statement (Fed. R. Civ. P. 7.1) of Interested Parties filed by Defendant Dolby Laboratories, Inc., (Attorney Samuel R Diamant added to party Dolby Laboratories, Inc.(pty:dft))(Diamant, Samuel) |
| Filing 27 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS (BRIEF IN OPPOSITION) filed by Plaintiff Stephen Cummings. (lc) |
| Filing 26 PLAINTIFF'S BRIEF AND MEMORANDUM OF LAW IN OPPOSITION TO (DEFENDANTSMOTION TO DISMISS) filed by plaintiff Stephen Cummings. (lc) |
| Filing 25 NOTICE OF CORRECTION MISSING PAGES FROM PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS (BRIEF IN OPPOSITION) filed by plaintiff Stephen Cummings. (lc) |
| Filing 24 PLAINTIFF'S BRIEF IN OPPOSITION TO (DEFENDANTS (MOTION FOR Dolby Laboratories Inc., ATTORNEY FEES) AND (MOTION Lightstorm Entertainment Inc., TO DELCLARE PLAINTIFF : "VEXATIOUS") and (DECLARATION OF NON-OPPOSITION) filed by plaintiff Stephen Cummings. (lc) Modified on 6/25/2020 (lc). |
| Filing 23 NOTICE OF CORRECTION AND BREIF REGARDING REMOVAL/OTHER filed by plaintiff Stephen Cummings. (lc) |
| Filing 22 PROOF OF SERVICE filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp., re Second NOTICE OF MOTION AND MOTION to Dismiss Case #20 , Request for Judicial Notice,, #21 , Notice of Withdrawal #19 served on June 15, 2020. (Litvack, Mark) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re Second NOTICE OF MOTION AND MOTION to Dismiss Case #20 filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Attachments: #1 Declaration of Michael Kreiner in Support of Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Litvack, Mark) |
| Filing 20 Second NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Litvack, Mark) |
| Filing 19 Notice of Withdrawal of Request for Judicial Notice, #14 filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Litvack, Mark) |
| Filing 18 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: On June 13, 2020, Defendants filed a motion to dismiss Plaintiffs complaint in entirety after removing the action from Los Angeles County Superior Courts #13 . However, Defendants fail to satisfy the meet and confer requirement pursuant to Local Rule 7- 3. Additionally, Defendants fail to file a proof of service as to the motion or as to the removal. The Court cannot ascertain whether Plaintiff, proceedings in pro se, has received notice of the Motion. Accordingly, the Court DENIES without prejudice Defendants Motion. (lc) |
| Filing 17 NOTICE OF MOTION AND MOTION for Order for to Declare Plaintiff Stephen Cummings a Vexatious Litigant filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Litvack, Mark) |
| Filing 16 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. Motion set for hearing on 7/13/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Litvack, Mark) |
| Filing 15 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Litvack, Mark) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #13 filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Attachments: #1 Declaration of Michael Kreiner in Support of Request for Judicial Notice in Support of Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Litvack, Mark) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. Motion set for hearing on 6/22/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Litvack, Mark) |
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Filing 12
SELF-REPRESENTATION ORDER by Judge Otis D. Wright, II, (lc)
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Filing 11
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.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Pedro V. Castillo. (ghap) |
| NON CONFORM COPY OF COMPLAINT against Defendants James Cameron, Does 1-50, Dolby Laboratories, Inc., Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Sony Pictures Entertainment, Inc., Twentieth Century Fox Film Corp. Jury Demanded., filed by plaintiff Stephen Cummings. (SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 8 CERTIFICATE of Interested Parties filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp., (Attorney Mark D Litvack added to party James Cameron(pty:dft), Attorney Mark D Litvack added to party Lightstorm Entertainment, Inc.(pty:dft), Attorney Mark D Litvack added to party Paramount Home Entertainment, Inc.(pty:dft), Attorney Mark D Litvack added to party Paramount Pictures, Corp.(pty:dft))(Litvack, Mark) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Defendant James Cameron (Litvack, Mark) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Defendant Twentieth Century Fox Film Corp. identifying The Walt Disney Company as Corporate Parent. (Litvack, Mark) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant Paramount Home Entertainment, Inc. identifying ViacomCBS, Inc. as Corporate Parent. (Litvack, Mark) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Paramount Pictures, Corp. identifying ViacomCBS, Inc. as Corporate Parent. (Litvack, Mark) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Lightstorm Entertainment, Inc. (Litvack, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Defendants James Cameron, Lightstorm Entertainment, Inc., Paramount Home Entertainment, Inc., Paramount Pictures, Corp., Twentieth Century Fox Film Corp.. (Litvack, Mark) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 20STCV00607 Receipt No: ACACDC-26463863 - Fee: $400, filed by Defendant Twentieth Century Fox Film Corp.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons) (Attorney Mark D Litvack added to party Twentieth Century Fox Film Corp.(pty:dft))(Litvack, Mark) |
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