Alchemy Werks, LLC v. Echelon Studios, Inc. et al
| Alchemy Werks, LLC a California Limited Liability Company doing business as Worldwide Multi-Media doing business as Chemical Burn and Reality Entertainment |
| Echelon Studios Inc, Eric Louzil and Does 1-20 |
| 2:2021cv07318 |
| September 13, 2021 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Alexander F MacKinnon |
| Otis D Wright |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 51
MINUTES (IN CHAMBERS) Order DENYING Plaintiffs ex parte application to reopen the case and modify the scheduling order. #50 by Judge Philip S. Gutierrez. The Court DENIES Plaintiff's ex parte application. IT IS SO ORDERED. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
|
| Filing 50 EX PARTE APPLICATION to Reopen Case , to Vacate Order #49 Dismissing Case Without Prejudice, and Request to Modify Court's Schedule; [Proposed] Order Granting Plaintiff's Ex Parte Requests filed by plaintiff Alchemy Werks, LLC. (Attachments: #1 Declaration Declaration of Counsel for Plaintiff, #2 Proposed Order [Proposed} Order) (Hardman, Zev) |
|
Filing 49
MINUTE ORDER (IN CHAMBERS): ORDER DISMISSING ACTION by Judge Philip S. Gutierrez. The Court, having been advised by the Joint Notice of Settlement and Joint Request to Modify Court Schedule #48 that the case has settled, hereby orders all proceedings, if any, vacated and the action dismissed without prejudice. (See document for further details) (Made JS-6. Case Terminated.) (yl)
|
| Filing 48 STIPULATION for Settlement of Entire Action filed by plaintiff Alchemy Werks, LLC. (Attachments: #1 Proposed Order)(Hardman, Zev) |
|
Filing 47
MINUTES (IN CHAMBERS): Order DENYING Plaintiff's motion for a preliminary injunction #33 by Judge Philip S. Gutierrez. For the foregoing reasons, the Court DENIES this motion. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 46 TEXT ONLY ENTRY by Judge Philip S. Gutierrez: Please be advised the Hearing on Motions in Limine presently set for 11/07/22 is vacated. Counsel to review this Court's Trial Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
|
Filing 45
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 10/28/2022 02:30 PM before. Jury Trial set for 11/17/2022 09:00 AM. (wm)
|
| Filing 44 REPLY Reply in Support of Motion NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant's Infringements of Plaintiff's Copyright Rights (Mandatory Injunction Requested) #33 Reply in Support of Motion filed by Petitioner Alchemy Werks, LLC. (Hardman, Zev) |
| Filing 43 TEXT ONLY ENTRY by Judge Philip S. Gutierrez : Please be advised that PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #33 is continued to 09/30/22 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
|
Filing 42
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
|
|
Filing 41
ORDER TRANSFERRING CIVIL ACTION pursuant General Order 21-01. ORDER case transferred from Judge Otis D. Wright, II to the calendar of Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07318 PSG(AFMx). Signed by Judge Otis D. Wright, II and Judge Philip S. Gutierrez. (rn)
|
| Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant's Infringements of Plaintiff's Copyright Rights (Mandatory Injunction Requested) #33 filed by Respondents Echelon Studios Inc, Eric Louzil. (Attachments: #1 Declaration of Eric Louzil, #2 Proposed Order)(Uzoh, Azuka) |
|
Filing 39
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court, on its own Motion, CONTINUES the hearing on Plaintiffs Motion for Preliminary Injunction to October 3, 2022 at 1:30 PM #33 . Associated briefing deadlines are not continued and remain set pursuant to the Court's August 25, 2022 Minute Order at ECF No. 38. (lc)
|
| Filing 38 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: The Court received and reviewed defense counsel's ex parte application for relief from failure to oppose Plaintiffs Motion for Preliminary Injunction #37 . The ex parte application is GRANTED. The Court REOPENS Plaintiff's Motion for Preliminary Injunction for briefing and RESETS a hearing on September 19, 2022 at 1:30 p.m. Defendant is ORDERED to file an opposition brief no later than September 1, 2022. Plaintiff's Reply brief, if any, is due no later than September 8, 2022. Should defense counsels situation necessitate the need for either more time to prepare an opposition or more time to prepare for trial or both, the parties should file a further request or stipulation. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc) |
| Filing 37 EX PARTE APPLICATION for Extension of Time to File opposition to Motion for Preliminary Injunction. filed by Defendants Echelon Studios Inc, Eric Louzil. (Attachments: #1 Declaration of Azuka Uzoh, #2 Proposed Order Ex-parte, #3 Declaration of Notice) (Uzoh, Azuka) |
| Filing 36 The hearing on the MOTION for Preliminary Injunction #33 , scheduled for August 29, 2022 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter 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 35 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYING JOINT STIPULATION TO REOPEN DISCOVERY #34 . The Court received and reviewed the parties' Joint Stipulation to Reopen Discovery. (Stip., ECF No. 34.) Preliminarily, the parties' request is a scheduling order matter, not adiscovery matter, and accordingly, it must be brought before the District Judge, not the Magistrate Judge. This Court therefore rules on the Joint Stipulation as follows. In this Court, continuances are not granted "unless the parties establish good cause through a concrete showing." (Scheduling & Case Management Order 1, ECF No. 23.) Here, the parties simply stipulate to reopening discovery and setting a new discovery cut-off, and they make no attempt to show good cause for their request. For this reason, the Stipulation is DENIED. (ECF No. 34.)For the benefit of the parties, if a future stipulation is contemplated, the Court places the parties on NOTICE that it is disinclined to continue case deadlines piecemeal without correspondingly continuing the trial and all other deadlines. This is especially true when, as here, another important case deadline has already passed (in this case, the deadline to filemotions such that their hearings will be timely). Moreover, the Court reminds the parties that jointly signed stipulations must comply with Local Rule 5-4.3.4(a)(2). The parties have already been reminded of this requirement in this matter. (See Am. Notice Deficiencies, ECF No. 28; Min. Order, ECF No. 29 (cautioning the parties not to repeat errors noted in Notice of Deficiencies in future filings).) Finally, joint stipulations and other procedural matters that are jointly filed should generally be filed without scheduling a hearing on the matter. (lc) |
| Filing 34 NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 10/1/2022 filed by plaintiff Alchemy Werks, LLC. Motion set for hearing on 8/16/2022 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order) (Hardman, Zev) |
| Filing 33 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant's Infringements of Plaintiff's Copyright Rights (Mandatory Injunction Requested) filed by plaintiff Alchemy Werks, LLC. Motion set for hearing on 8/29/2022 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration Declaration of Alchemy Werks CEO in Support of Plaintiff's Motion for Preliminary Injunction, #2 Declaration Declaration of Zev Hardman in Support of Plaintiff's Motion for Preliminary Injunction, #3 Proposed Order [Proposed] Preliminary Injunction) (Hardman, Zev) |
|
Filing 32
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Joint NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 9/9/2022 #31 , for the following reasons: Incorrect document is attached to the docket entry; Hearing information is missing, incorrect, or not timely; A letter is attached to this document named motion. Letters are NOT permitted for filing. Review the motion rules -6.1, 7-3- etc...and re file correctly. (lc)
|
| Filing 31 (STRICKEN PER 7/19/2022 ORDER DOCKET NO. 32).Joint NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 9/9/2022 filed by plaintiff Alchemy Werks, LLC. Motion set for hearing on 7/25/2022 at 09:00 AM before Judge Otis D. Wright II. (Hardman, Zev) Modified on 7/19/2022 (lc). |
| Filing 30 AMENDED ANSWER to Complaint (Prisoner Civil Rights),, #1 filed by Defendants Echelon Studios Inc, Eric Louzil. (Uzoh, Azuka) |
|
Filing 29
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order GRANTING Stipulation to Amend Answer #26 . The Court finds that amendment is in the interest of justice, Fed. R. Civ. P. 15(a)(2), and that there is good cause to allow amendment despite the fact that the deadline to amend pleadings has passed, Fed. R. Civ. P. 16(b)(4). The Stipulation is GRANTED. (ECF No. 26.) Defendant is ORDERED to file a clean, separate copy of the First Amended Answer as proposed no later than three (3) Court days from the date of this Order. Separately, the Court notes that all documents filed at ECF No. 26 bear the wrong case number on the caption page along with several other errors pointed out by the Clerk in the Notices of Deficiencies at ECF Nos. 27 and 28. Defendant is ORDERED to correct all such errors before re-filing the First Amended Answer and before filing any future documents in this case. Documents that are laden with errors may be stricken. (lc)
|
| Filing 28 AMENDED NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents #27 RE: Stipulation to Amend/Correct, #26 . The following error(s) was/were found: Case number is incorrect or missing. 1) Filer has several typographical errors throughout the stipulation and proposed order (please check title of stipulation, etc:) 2) filer has title of court on stipulation as USDC Central California, but has USDC Southern Ca. Case number.3) Stipulation Missing Local Rule 5-4.3.4(a)(2)(i), signature attestation 4) Proposed order has USDC Southern District of CA title and case number and has incorrect named the Judge as "Roger" Otis D. Wright, II. NOTE: The proposed amended Answer is erroneously prepared with USDC Southern District of CA title and case number. In response to this notice, the Court may: (1) order an amended or correct document to be file d; (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 (lc) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct, #26 . The following error(s) was/were found: Case number is incorrect or missing. 1) Filer has several typographical errors throughout the stipulation and proposed order (please check title of stipulation, etc:) 2) filer has title of court on stipulation as USDC Central California, but has USDC Southern Ca. Case number.3) Stipulation Missing Local Rule 5-4.3.4(a)(2)(i), signature attestation 4) Proposed order has USDC Southern District of CA title and case number and has incorrect named the Judge as "Roger" Otis D. Wright, II. 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. (lc) |
| Filing 26 First STIPULATION to Amend Answer to Complaint (Prisoner Civil Rights) #13 filed by Defendants Echelon Studios Inc, Eric Louzil. (Attachments: #1 Exhibit Redlined Proposed First Amended Answer, #2 Exhibit Proposed First Amended Answer, #3 Proposed Order Proposed Order to Amend Answer.)(Uzoh, Azuka) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #22 by Petitioner Alchemy Werks, LLC. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
|
Filing 24
ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (lc)
|
|
Filing 23
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Final Pretrial Conference set for 10/24/2022 01:30 PM; Motion in Limine set for hearing on 11/7/2022 at 01:30 PM ; Jury Trial set for 11/15/2022 09:00 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
|
| Filing 22 REPORT of Joint Rule 26 Report filed by Petitioner Alchemy Werks, LLC. (Hardman, Zev) |
| Filing 21 Amended NOTICE of Interested Parties filed by Alchemy Werks, LLC Alchemy Werks, LLC, identifying Plaintiff's d/b/a's Worldwide Multi-Media, Chemical Burn, and Reality Entertainment. (Hardman, Zev) |
|
Filing 20
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: NOTICE OF DEFICIENCIES re: Plaintiff's Notice of Interested Parties #19 . Both parties have filed a Notice of Interested Parties, and the Court correspondingly DISCHARGES its October 8, 2021 Minute Order #17 . Plaintiff's Notice of Interested Parties indicates only that Plaintiff "has no parent corporation and that no publicly held corporation owns 10% or more of its stock." This response is incomplete and does not fully discharge counsels duty under Local Rule 7.1-1. If there are no other potentially interested parties under the definition provided by theLocal Rule, counsel should indicate as much, by either stating so expressly or providing an exhaustive list of interested parties. The Court ORDERS that Plaintiff's counsel shall file, no later than October 21, 2021, a Supplemental Notice of Interested Parties that fully discharges counsels duty under Local Rule 7.1-1. (lc)
|
| Filing 19 Plaintiff's NOTICE of Interested Parties filed by Alchemy Werks, LLC Alchemy Werks, LLC, identifying n/a. (Hardman, Zev) |
| Filing 18 NOTICE of Interested Parties filed by Defendant Echelon Studios Inc, Eric Louzil, (Uzoh, Azuka) |
|
Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: This case is in the Central District upon transfer from the Southern District. (Order Transferring Case, ECF No. 6-1.) The Court previously issued an Order to Show Cause re: Lack of Prosecution, and Defendants have since filed an Answer. (ECF Nos. 12, 13.) Accordingly, the Court DISCHARGES its October 1, 2021 Order to Show Cause. (ECF No. 12.) All parties appearing in the Central District must file a Notice of Interested Parties with their first appearance in a matter. As of today's date, neither side has done so in this case. Counsel are directed to Central District Local Rule 7.1-1 and are each ORDERED to file a Notice of Interested Parties no later than October 14, 2021. Failure to comply with this Ordermay result (in Plaintiff's case) in dismissal of the action without prejudice, or (in Defendants' case) striking of the Answer. (lc)
|
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Echelon Studios and Eric Louzil's Answer to Complaint (Prisoner Civil Rights) #13 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (lc) |
| Filing 15 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for December 6, 2021 at 1:30 p.m. See order for further details. (lom) |
|
Filing 14
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 District's website for additional information. See minute order for details. (lom)
|
| Filing 13 ANSWER with JURY DEMAND filed by Defendants Echelon Studios Inc, Eric Louzil.(Uzoh, Azuka) |
|
Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order Striking Minute Order #11 and Setting OSC re: Lack of Prosecution. The Minute Order issued earlier today in this matter was correct in all respects save for an erroneous case caption at the top of the Minute Order. The Court STRIKES the MinuteOrder at ECF No. 11 and issues the following corrected Minute Order. Plaintiff is ORDERED TO SHOW CAUSE, in writing only, no later than fourteen (14) days from the date of this Order why this entire action should not be dismissed for lack of prosecution. No hearing will be held. The Court will consider the filing of either of the following as an appropriate response to this OSC, on or before this deadline: Plaintiff's filing of a noticed motion for entry of default. Defendants' Answer(s) or other response to the Complaint. In the event both documents are filed before the deadline, Defendants' filing(s) will take precedence. (lc)
|
|
Filing 11
(STRICKEN PER 10/1/2021 MINUTE ORDER IN CHAMBERS DOCKET NO. 18).MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Order Setting OSC re: Lack of Prosecution. Plaintiff is ORDERED TO SHOW CAUSE, in writing only, no later than fourteen (14) days from the date of this Order why this entire action should not be dismissed for lack of prosecution. No hearing will be held. The Court will consider the filing of either of the following as an appropriate response to this OSC, on or before this deadline: Plaintiff's filing of a noticed motion for entry of default. Defendants' Answer(s) or other response to the Complaint. In the event both documents are filed before the deadline, Defendants' filing(s) will take precedence. (lc) Modified on 10/1/2021 (lc).
|
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| Filing 8 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:21-cv-01163, from US District Court Southern District of California San Diego. The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-07318 ODW (AFMx). (jtil) |
| Filing 7 ORIGINAL file, certified copy of transfer order and docket sheet received from California Southern |
| Filing 6 Case transferred to District of Central District of California, Western Division. Files transferred electronically to: *District of Central District of California, Western Division*.*255 East Temple Street Room 180**Los Angeles, CA 90012-3332*. Signed by Judge Roger T. Benitez on 9/08/2021. (jpp). Modified on 9/10/2021 to attach Transfer Order, NEF resent to all parties. (jpp). [Transferred from California Southern on 9/15/2021.] |
| Filing 5 Joint MOTION to Change Venue Stipulation By All Parties by Alchemy Werks, LLC. (Hardman, Zev) (jpp). [Transferred from California Southern on 9/15/2021.] |
| Filing 4 MOTION to Dismiss for Improper venue or in the alternative transfer venue by Echelon Studios, Inc., Eric Louzil. (Attachments: #1 Declaration of Eric Louzil)(Uzoh, Azuka)Attorney Azuka L. Uzoh added to party Echelon Studios, Inc.(pty:dft), Attorney Azuka L. Uzoh added to party Eric Louzil(pty:dft) (jpp). [Transferred from California Southern on 9/15/2021.] |
| Filing 3 SUMMONS Returned Executed by Alchemy Werks, LLC. Echelon Studios, Inc. served. (Hardman, Zev) (jpp). [Transferred from California Southern on 9/15/2021.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) (sjt). [Transferred from California Southern on 9/15/2021.] |
| Filing 1 COMPLAINT with Jury Demand against Does 1-20, Echelon Studios, Inc., Eric Louzil ( Filing fee $ 402 receipt number ACASDC-15862456.), filed by Alchemy Werks, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit Part 2, #4 Copyright Report [Copyright Report Mailed])The new case number is 3:21-cv-1163-BEN-DEB. Judge Roger T. Benitez and Magistrate Judge Daniel E. Butcher are assigned to the case. (Hardman, Zev)(smd) (sjt). [Transferred from California Southern on 9/15/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
