Avan Hardwell v. Nathaniel Parker et al
| Avan Hardwell |
| Nathaniel Parker, TV Film Finance, LLC doing business as TM Films, a California limited liability company, Tiny Giant Productions, LLC doing business as Tiny Giant Entertainment, a California limited liability company, Vertical Entertainment, LLC., ASP Film, LLC, Does 1-10, inclusive and TV Film Finance, LLC doing business as TM Films, a California limited liability company Erroneously Sued As TM Film Finance LLC |
| Gail M Title |
| 2:2021cv09100 |
| November 19, 2021 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dolly M Gee |
| Copyright |
| 28 U.S.C. § 1338 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 60 Notice of Withdrawal of Stipulation filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Jampol, Nicolas) |
Filing 59
ORDER APPROVING JOINT STIPULATION REGARDING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AND APPLICATION TO TAX COSTS #58 by Judge Dolly M. Gee. Having reviewed and considered the Parties' stipulation, it is APPROVED. Defendants' deadline to file their motion for attorneys fees and application to tax costs will be fourteen days after mediation is concluded, but no later than September 8, 2023. (rolm)
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| Filing 58 Joint STIPULATION for Extension of Time to File Motion for Attorneys' Fees and Application to Tax Costs to 14 days After the Conclusion of Mediation filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Attachments: #1 Proposed Order)(Goldberg, Rachel) |
| Filing 57 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Civil Minutes of 5/10/2023) (gk) |
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Filing 56
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO DISMISS AND EX PARTE APPLICATIONS; AND THE PARTIES' RESPONSES TO THE COURTS ORDER TO SHOW CAUSE by Judge Dolly M. Gee: Defendants' motion to dismiss the First Amended Complaint in Hardwell v. Parker, Case No. CV 21-9100-DMG (PVCx) ("Hardwell v. Parker I") #45 is GRANTED, with prejudice as to claims based solely on the Original Screenplay and without prejudice as to claims based on the Revised Screenplay, and their ex parte applications #47 , #53 , #54 are DENIED as moot. Since Hardwell v. Parker I will be dismissed, there is no longer duplicative litigation subject to consolidation with Hardwell v. Parker, Case No. CV 23-2478-DMG (PVCx) ("Hardwell v. Parker II"). The 4/18/2023 OSC #50 is DISCHARGED. (MD JS-6. Case Terminated) Court Reporter: Not Reported. (gk)
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| Filing 55 Joint STIPULATION for Discovery as to Ex Parte Application filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Gail M Title, Vertical Entertainment, LLC.. (Attachments: #1 Proposed Order)(Attorney Nicolas A Jampol added to party Gail M Title(pty:aso))(Jampol, Nicolas) |
| Filing 54 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 6/9/2023 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Jampol, Nicolas) |
| Filing 53 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 6/9/2023 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Attachments: #1 Declaration Declaration of Rachel R. Goldberg in Support of Defendants' Ex Parte Application to Extend Discovery Deadline, #2 Proposed Order) (Jampol, Nicolas) |
| Filing 52 REPLY Response Regarding Order to Show Cause Why Action Should Not Be Dismissed or Consolidated filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Jampol, Nicolas) |
| Filing 51 RESPONSE filed by Plaintiff Avan Hardwellto Minutes of In Chambers Order/Directive - no proceeding held,,,, Terminate Hearings,,, #50 (Zerner, Lawrence) |
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Filing 50
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED OR SUBJECT TO CONSOLIDATION by Judge Dolly M. Gee: The Court accordingly ORDERS Hardwell to show cause why this action should not be dismissed as duplicative of Case No. CV 21-9100-DMG (PVCx), or why the actions should not be consolidated. Plaintiff shall file a written response to this Order by April 26, 2023. Defendants may file a response, if any, by May 3, 2023. Failure to timely comply with this Order will result in dismissal of this action without prejudice. Defendants have filed a motion to dismiss in Hardwell v. Parker, No. CV 21-9100-DMG (PVCx) #45 . That motion is set for hearing on April 28, 2023. The Court takes the pending motion to dismiss under submission and will defer decision on the motion until after the parties' OSC responses have been filed. IT IS SO ORDERED. (kti)
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| Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #45 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Goldberg, Rachel) |
| Filing 48 OPPOSITION to EX PARTE APPLICATION to Continue Modify Scheduling Order and Continue Trial Date from Trial Date 11/14/2023; Pretrial Conference 10/17/2023; Motion Cut-Off Date 7/21/2023; Expert Discovery Cut-Off Date 7/5/2023; Non-Expert Discovery Cut-off Date 5/9 #47 filed by Plaintiff Avan Hardwell. (Attachments: #1 Declaration Declaration of Larry Zerner)(Zerner, Lawrence) |
| Filing 47 EX PARTE APPLICATION to Continue Modify Scheduling Order and Continue Trial Date from Trial Date 11/14/2023; Pretrial Conference 10/17/2023; Motion Cut-Off Date 7/21/2023; Expert Discovery Cut-Off Date 7/5/2023; Non-Expert Discovery Cut-off Date 5/9/2023 to Trial Date 5/14/2024; Pretrial Conference 4/16/2024; Motion Cut-Off Date 1/21/2024; Expert Discovery Cut-Off Date 1/5/2024; Non-Expert Discovery Cut-Off Date 11/9/2023 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Attachments: #1 Declaration of Rachel Goldberg in Support of Ex Parte Application, #2 Proposed Order) (Jampol, Nicolas) |
| Filing 46 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #45 filed by Plaintiff Avan Hardwell. (Attachments: #1 Declaration Declaration of Larry Zerner)(Zerner, Lawrence) |
| Filing 45 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. Motion set for hearing on 4/28/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Rachel R. Goldberg, #2 Notice of Lodging of Exhibits A-C, #3 Proposed Order) (Goldberg, Rachel) |
| Filing 44 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Avan Hardwell(Zerner, Lawrence) |
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Filing 43
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT OR, IN THE ALTERNATIVE, ALLOW FILING OF NEW COMPLAINT #30 by Judge Dolly M. Gee. Having considered the parties written submissions, the Court GRANTS Hardwell's motion. Hardwell shall file his SAC on the docket within three days of this Order. Defendants' response shall be due 21 days afterthe SAC is filed. (vdr)
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Filing 42
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS by Magistrate Judge Pedro V. Castillo: granting in part #36 Motion to Compel. As to Request No. 5, Defendants are given until March 9, 2023, to produce all documents that support how Vertical Entertainment determined the gross income it received from the exploitation of the Film. As to Request Nos. 1, 12, 1522, and 24, the Motion to Compel is denied as moot. (see document for further details) (hr)
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Filing 41
MINUTE (IN CHAMBERS) ORDER RESETTING HEARING ON PLAINTIFF'S MOTION TO COMPEL by Magistrate Judge Pedro V. Castillo, re: MOTION to Compel Responses to Request for Identification and Production of Documents #36 . The Court sua sponte resets the hearing on the Plaintiff's Motion to Compel (Dkt. No. 36) for March 2, 2023, at 10:00 am via Zoom. (see document for further details) (hr)
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| Filing 40 Amended NOTICE of Appearance filed by attorney Rachel Rose Goldberg on behalf of Defendants ASP Film, LLC, Does, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC. (Attorney Rachel Rose Goldberg added to party Does(pty:dft))(Goldberg, Rachel) |
| Filing 39 NOTICE of Appearance filed by attorney Rachel Rose Goldberg on behalf of Defendant Nathaniel Parker (Attorney Rachel Rose Goldberg added to party Nathaniel Parker(pty:dft))(Goldberg, Rachel) |
| Filing 38 Notice to Filer of Deficiencies in Filed Document: Plaintiff's Supplemental Statement Re: Motion to Compel Further Responses to Request for Identification and Production of Documents was e-filed on February 14, 2023 (ECF No. 37). However, the docket text and the document do not match. The e-filer filed the document as a Motion incorrectly. The clerk is directed to correct the docket text to match what was actually filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 37 PLAINTIFF'S SUPPLEMENTAL STATEMENT RE: MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS #36 filed by Plaintiff Avan Hardwell. (Zerner, Lawrence) Modified on 2/15/2023 (ch). |
| Filing 36 NOTICE OF MOTION AND MOTION to Compel Responses to Request for Identification and Production of Documents filed by Plaintiff Avan Hardwell. Motion set for hearing on 2/28/2023 at 10:00 AM before Magistrate Judge Pedro V. Castillo. (Zerner, Lawrence) |
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Filing 35
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Amend Complaint or, in the Alternative Allowing Filing of New Complaint #30 presently scheduled for hearing on January 6, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 34 REPLY Support NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening) #1 #30 filed by Plaintiff Avan Hardwell. (Attachments: #1 Declaration Declaration of Larry Zerner)(Zerner, Lawrence) |
| Filing 33 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening) #1 #30 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Attachments: #1 Declaration of Cydney Swofford Freeman ISO Opposition to Plaintiff's Motion for Leave to Amend or Dismiss the Complaint, #2 Proposed Order Re: Defendants' Opposition to Plaintiff's Motion for Leave to Amend or Dismiss the Complaint)(Jampol, Nicolas) |
| Filing 32 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M Title has been assigned to serve as Panel Mediator. (lst) |
| Filing 31 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Title may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Avan Hardwell(Zerner, Lawrence) |
| Filing 30 NOTICE OF MOTION AND MOTION to Amend Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Avan Hardwell. Motion set for hearing on 1/6/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Proposed Order) (Zerner, Lawrence) |
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Filing 29
STIPULATED PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order #28 . (see document for further details) (et)
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| Filing 28 STIPULATION for Protective Order filed by Defendant ASP Film, LLC, Does, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC..(Attorney Nicolas A Jampol added to party Does(pty:dft))(Jampol, Nicolas) |
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Filing 27
ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 9/19/2023. Joint status report re settlement due by 9/26/2023. (gk)
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Filing 26
SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. Final Pretrial Conference set for 10/17/2023 02:00 PM before Judge Dolly M. Gee. Jury Trial set for 11/14/2023 08:30 AM before Judge Dolly M. Gee. See document for further details. (Attachments: #1 Schedule of Pretrial and Trial Dates) (gk)
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Filing 25
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on October 28, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 24 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC... (Jampol, Nicolas) |
| Filing 23 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 10/14/2022. Scheduling Conference set for 10/28/2022 at 9:30 a.m. (See order for details.) (kti) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defendant TM Film Finance, LLC's Answer to Complaint filed by Defendant TV Film Finance, LLC.(Jampol, Nicolas) |
| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defendant Vertical Entertainment, LLC's Answer to Complaint filed by Defendant Vertical Entertainment, LLC..(Jampol, Nicolas) |
| Filing 20 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defendants Nathaniel Parker, Tiny Giant Productions, LLC and ASP Film, LLC's Answer to Complaint filed by Defendants ASP Film, LLC, Nathaniel Parker, Tiny Giant Productions, LLC.(Jampol, Nicolas) |
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Filing 19
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTION TO DISMISS by Judge Dolly M. Gee: Defendants' Motion to Dismiss #13 is DENIED. Defendants shall file their Answer to the Complaint within 21 days of this Order. Plaintiff is ORDERED to provide Defendants with the Screenplay in conjunction with his initial disclosures under Rule 26(a)(1). The parties' Joint Request for Ruling #18 is DENIED as moot. Court Reporter: Not Reported. (gk)
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| Filing 18 Joint REQUEST for Ruling Motion to Dismiss Plaintiff's Complaint filed by plaintiff Avan Hardwell. (Zerner, Lawrence) |
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Filing 17
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendants' Motion to Dismiss Plaintiff's Complaint #13 presently scheduled for hearing on March 4, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 16 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Complaint #13 filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. (Jampol, Nicolas) |
| Filing 15 Opposition Motion to Dismiss Complaint re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #13 filed by Plaintiff Avan Hardwell. (Zerner, Lawrence) |
| Filing 14 NOTICE of Interested Parties filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC., identifying Nathaniel Parker, Tiny Giant Productions, LLC, ASP Film, LLC, TM Film Finance, LLC, Vertical Entertainment, LLC, Atlantic Specialty Insurance Company Insurer, Zak Tanjeloff Co-Member of Tiny Giant Productions, LLC, Eagle Pictures, S.p.A. and Popcorn Productions, Inc. Co-Members of TM Film Finance, LLC. (Jampol, Nicolas) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC.. Motion set for hearing on 3/4/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Cydney Swofford Freeman, #2 Notice of Lodging Exhibit 1, #3 Proposed Order, #4 Proof of Service) (Attorney Nicolas A Jampol added to party ASP Film, LLC(pty:dft), Attorney Nicolas A Jampol added to party Nathaniel Parker(pty:dft), Attorney Nicolas A Jampol added to party TV Film Finance, LLC(pty:dft), Attorney Nicolas A Jampol added to party Tiny Giant Productions, LLC(pty:dft), Attorney Nicolas A Jampol added to party Vertical Entertainment, LLC.(pty:dft)) (Jampol, Nicolas) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by plaintiff Avan Hardwell. upon All Defendants. Waiver of Service signed by Nicolas A. Jampol. (Zerner, Lawrence) |
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 10 CIVIL COVER SHEET filed by Plaintiff Avan Hardwell. (Zerner, Lawrence) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants ASP Film, LLC, Nathaniel Parker, TV Film Finance, LLC, Tiny Giant Productions, LLC, Vertical Entertainment, LLC. (Attachments: #1 Summons as to Defendant TV Film Finance, LLC, #2 Summons as to Defendant Tiny Giant Productions, LLC, #3 Summons as to Defendant Vertical Entertainment , LLC, #4 Summons as to Defendant ASP Film, LLC) (lh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Pedro V. Castillo. (lh) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Avan Hardwell. (Zerner, Lawrence) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Avan Hardwell. (Attachments: #1 Summons of Tiny Giant Productions, #2 Summons of TV Film Finance, LLC, #3 Summons of Vertical Entertainment, LLC, #4 Summons of ASP Film, LLC)(Zerner, Lawrence) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Avan Hardwell, identifying Avan Hardwell; Nathaniel Parker; TV Film Finance, LLC d/b/a TM FIlms; Tiny Giant Productions, LLC d/b/a Tiny Giant Entertainment; Vertical Entertainment, LLC; ASP Film, LLC. (Zerner, Lawrence) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32359760 - Fee: $402, filed by plaintiff Avan Hardwell. (Attorney Lawrence J Zerner added to party Avan Hardwell(pty:pla))(Zerner, Lawrence) |
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