Stan Evans v. Meta Platforms, Inc. et al
| Stan Evans |
| Meta Platforms, Inc., Meta Platforms, Inc. a Delaware corporation doing business as Facebook, Inc., Does 1-20, inclusive, Facebook, Inc. and Does 1-10, inclusive |
| 2:2022cv00225 |
| January 11, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Andre Birotte |
| Copyright |
| 28 U.S.C. § 1338 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (rolm) |
Filing 47
ORDER DISMISSING CIVIL ACTION #45 by Judge Andre Birotte Jr. The Court has been advised that this action has been settled. The Court therefore ORDERS that this action is hereby DISMISSED without costs and without prejudice to the right, upon good cause shown within sixty (60) days, to re-open the action if settlement is not consummated. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All upcoming dates and deadlines are VACATED. Case Terminated. Made JS-6. (rolm)
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Filing 46
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT by Judge Andre Birotte Jr.: The Court GRANTS in part and DENIES in part Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint ("SAC") #34 . Specifically, the Court DENIES Defendant's Motion for failure to state a claim as it relates to Plaintiff's copyright infringement claim, and GRANTS, without leave to amend, Defendant's Motion as it relates to Plaintiff's breach of contract claim. Furthermore, the Court STRIKES, without prejudice, Plaintiff's request for statutory damages and attorney's fees in the SAC. In light of the foregoing, Defendant is ORDERED to file an Answer to the Second Amended Complaint within 14 days from the issuance of this Order. (gk)
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| Filing 45 NOTICE of Settlement filed by Plaintiff Stan Evans. (Amin, Ismail) |
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Filing 44
ORDER CONTINUING SCHEDULING CONFERENCE #43 by Judge Andre Birotte Jr. The Court, having considered the parties Joint Stipulation for Continuance of Scheduling Conference, and good cause appearing, IT IS HEREBY ORDERED THAT the Scheduling Conference is CONTINUED to September 30, 2022, at 10 a.m. IT IS SO ORDERED. (rolm)
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| Filing 43 Joint STIPULATION to Continue Scheduling Conference from September 16, 2022 to September 30, 2022 filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Declaration of Joseph C. Gratz, #2 Proposed Order)(Gratz, Joseph) |
| Filing 42 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Motion to Dismiss Plaintiff's Second Amended Complaint #34 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) |
| Filing 41 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Complaint #34 / Defendant's Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Meta Platforms, Inc.. (Gratz, Joseph) |
| Filing 40 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Complaint #34 filed by Plaintiff Stan Evans. (Attachments: #1 Declaration of Nathan Hoerschelmann, #2 Declaration Stan Evans)(Amin, Ismail) |
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Filing 39
ORDER GRANTING JOINT STIPULATION FOR CONTINUANCE OF MOTION TO DISMISS HEARING AND SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: Upon Joint Stipulation #37 , IT IS HEREBY ORDERED that the following dates and deadlines are continued. The hearing for Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint #34 is CONTINUED to 8/19/2022 at 10:00 AM before Judge Andre Birotte Jr. Plaintiff's deadline to file an opposition to Defendant's Motion to Dismiss is CONTINUED to 7/22/2022, and Defendant's deadline to file a reply is CONTINUED to 8/5/2022. The Scheduling Conference is CONTINUED to 9/16/2022 at 11:00 AM before Judge Andre Birotte Jr. (gk)
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| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation re Discovery Motion, #37 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulations > Continue. The filer used the event, Responses/Replies/Other Motion Related Documents > Joint Stipulation re Discovery Motion (Rule 37), for docketing this filing. 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. (gk) |
| Filing 37 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Complaint #34 filed by Plaintiff Stan Evans. (Attachments: #1 Declaration, #2 Proposed Order)(Amin, Ismail) |
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Filing 36
ORDER CONTINUING SCHEDULINGCONFERENCE #33 by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that the July 15, 2022 Scheduling Conference is VACATED and CONTINUED to August 19, 2022 at 10:00 a.m. (lom)
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| Filing 35 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Complaint #34 filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Exhibit A)(Gratz, Joseph) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Case Notice of Motion and Motion to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Meta Platforms, Inc.. Motion set for hearing on 7/29/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Joseph C. Gratz in Support, #2 Memorandum, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order) (Gratz, Joseph) |
| Filing 33 STIPULATION to Continue Scheduling Conference from July 15, 2022 to later date to be set by the Court filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Declaration of Joseph Gratz in Support, #2 Proposed Order)(Gratz, Joseph) |
| Filing 32 Second AMENDED COMPLAINT against Defendant Does, Meta Platforms, Inc. amending Amended Complaint/Petition #16 , filed by Plaintiff Stan Evans(Amin, Ismail) |
| Filing 31 STIPULATION to Amend Amended Complaint/Petition, #28 filed by Plaintiff Stan Evans.(Amin, Ismail) |
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Filing 30
MINUTES (IN CHAMBERS) ORDER STRIKING SECOND AMENDED COMPLAINT AND CONTINUING HEARING FOR MOTION TO DISMISS by Judge Andre Birotte Jr.: Since Plaintiff had previously amended his complaint as a matter of course, Plaintiff either had to receive Defendant's written consent or seek leave from the court to file the Second Amended Complaint ("SAC"). Plaintiff did neither. Accordingly, Plaintiff's SAC #28 is STRICKEN. In addition, on its own motion, the Court CONTINUES the hearing for Defendant's Motion to Dismiss #25 to 6/17/2022 at 10:00 AM before Judge Andre Birotte Jr. The Court further ORDERS Plaintiff to either: (1) file an opposition to the Motion no later than 6/3/2022; or (2) seek a stipulation from Defendant allowing the filing of the SAC and file the stipulation no later than 6/3/2022. Court Reporter: N/A. (gk)
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| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #28 . The following error(s) was/were found: Leave of court required for filing. 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. (gk) |
| Filing 28 [DOCUMENT STRICKEN PER CIVIL MINUTES OF 5/25/2022, SEE DOCKET NO. 30] Second AMENDED COMPLAINT against Defendant Does, Meta Platforms, Inc. amending Amended Complaint/Petition #16 , filed by Plaintiff Stan Evans(Amin, Ismail) Modified on 5/26/2022 (gk). |
| Filing 27 NOTICE of Interested Parties filed by Defendant Meta Platforms, Inc., (Gratz, Joseph) |
| Filing 26 REQUEST FOR JUDICIAL NOTICE re Corrected NOTICE OF MOTION AND MOTION to Dismiss Case / Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint #25 filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Exhibit A)(Gratz, Joseph) |
| Filing 25 [WITHDRAWN] Corrected NOTICE OF MOTION AND MOTION to Dismiss Case / Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant Meta Platforms, Inc.. Motion set for hearing on 6/3/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Declaration of Joseph Gratz in Support, #2 Memorandum, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order) (Gratz, Joseph) Modified on 6/6/2022 (cb). |
| Filing 24 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Motion to Dismiss and Request for Judicial Notice filed 5/2/2022 #20 , #21 . The document is stricken. (gk) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case / Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint #20 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Lacking statement re conference of counsel, pursuant to Local Rule 7-3. 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. (gk) |
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Filing 22
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 7/15/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 21 [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 5/5/2022, SEE DOCKET NO. 24] REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case / Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint #20 / Defendant's Request for Judicial Notice in Support of its Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Exhibit A)(Gratz, Joseph) Modified on 5/5/2022 (gk). |
| Filing 20 [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 5/5/2022, SEE DOCKET NO. 24] NOTICE OF MOTION AND MOTION to Dismiss Case / Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant Meta Platforms, Inc.. Motion set for hearing on 6/3/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum, #2 Exhibit 1 to Memorandum, #3 Exhibit 2 to Memorandum, #4 Exhibit 3 to Memorandum, #5 Proposed Order) (Gratz, Joseph) Modified on 5/5/2022 (gk). |
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Filing 19
ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Andre Birotte Jr.: Upon Stipulation #18 , IT IS HEREBY ORDERED that the deadline for Defendant Meta Platforms, Inc. to respond to Plaintiff Stan Evan's First Amended Complaint #16 is CONTINUED up to and including 5/2/2022. (gk)
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| Filing 18 Joint STIPULATION for Extension of Time to File Answer to 05/02/2022 re Amended Complaint/Petition #16 filed by Defendant Meta Platforms, Inc.. (Attachments: #1 Proposed Order)(Gratz, Joseph) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #16 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. 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. (gk) |
| Filing 16 First AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Stan Evans(Amin, Ismail) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Meta Platforms, Inc. answer now due 3/22/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Meta Platforms, Inc..(Attorney Joseph Charles Gratz added to party Meta Platforms, Inc.(pty:dft))(Gratz, Joseph) |
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Filing 14
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Nathan A. Hoerschelmann to Appear Pro Hac Vice on behalf of Plaintiff Stan Evans, designating Ismail Amin as local counsel #13 . (gk)
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| Filing 13 APPLICATION of Non-Resident Attorney Nathan A. Hoerschelmann to Appear Pro Hac Vice on behalf of Plaintiff Stan Evans (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32727260) filed by Plaintiff Stan Evans. (Attachments: #1 Proposed Order) (Amin, Ismail) |
| Filing 12 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Stan Evans. (Amin, Ismail) |
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Filing 11
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: Plaintiff's counsel must IMMEDIATELY file an AR 120 Notice as required by Local Rule 3-1 and as directed by Dkt. No. 9. If counsel does not file the AO 120 by February 3, 2022, the Court will dismiss the case without prejudice for failure to prosecute and for failure to follow court orders. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 9 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Meta Platforms, Inc. (et) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Maria A. Audero. (et) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Stan Evans. (Amin, Ismail) |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Stan Evans, (Amin, Ismail) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Stan Evans. (Amin, Ismail) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32604816 - Fee: $402, filed by Plaintiff Stan Evans. (Attorney Ismail Amin added to party Stan Evans(pty:pla))(Amin, Ismail) |
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