Lights Out Productions, LLC et al v. Triller, Inc. et al
Lights Out Productions, LLC, BYB Extreme Fightings Series, LLC and BYB Extreme Fighting Series, LLC |
Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC and Flipps Media, Inc. a Delaware Corporation doing business as FITE TV |
2:2022cv00416 |
January 20, 2022 |
US District Court for the Central District of California |
Maria A Audero |
Dolly M Gee |
Mark C Scarsi |
Copyright |
17 U.S.C. § 101 |
Plaintiff |
Docket Report
This docket was last retrieved on August 25, 2022. A more recent docket listing may be available from PACER.
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Filing 59 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #20 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Dismiss (ECF No. #20 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on March 7, 2022, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
Filing 58 REPLY in support of Motion to Dismiss #20 Plaintiffs' Patent And Copyright Claims filed by Defendants Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc.. (Yee, Jeffrey) |
Filing 57 OPPOSITION re: to Dismiss #20 filed by Plaintiffs BYB Extreme Fighting Series, LLC, Lights Out Productions, LLC. (Fredrich, Christopher) |
Filing 56 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey F. Yee counsel for Defendant Triller, Inc.. Adding Brian G. Arnold as counsel of record for Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC, Flipps Media, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC, Flipps Media, Inc.. (Yee, Jeffrey) |
Filing 55 ORDER GRANTING APPLICATION of Non-Resident Attorney Sean P. Farrell to Appear Pro Hac Vice on behalf of Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC and Flipps Media, Inc. and designating Jeffrey F. Yee as local counsel #52 by Judge Mark C. Scarsi. (lc) |
Filing 54 RESPONSE filed by Pro Hac Vice attorney Jaime Rich Vining on behalf of Plaintiffs BYB Extreme Fighting Series, LLC, Lights Out Productions, LLC. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (lt) |
Filing 53 ORDER APPROVING STIPULATION RE HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS #42 by Judge Mark C. Scarsi: Defendants' Motion to Dismiss is hereby set for hearing on Monday, March 7, 2022 at 9:00 AM #20 ; Opposition: February 10,2022; Reply: February 21,2022. (lc) Modified on 2/1/2022 (lc). |
Filing 52 First APPLICATION of Non-Resident Attorney Sean P. Farrell to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32711024) filed by Defendant Triller, Inc.. (Attachments: #1 Proposed Order, #2 Letter Good Standing Letter from State Bar of Georgia, #3 Letter Good Standing Letter from State of Illinois) (Yee, Jeffrey) |
Filing 51 ORDER GRANTING APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. and designating Jeffrey F. Yee as local counsel #50 by Judge Mark C. Scarsi. (lc) |
Filing 50 Amended APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2022, Receipt No. ACACDC-32678929) filed by Defendant Triller, Inc.. (Attachments: #1 Letter Good Standing Letter State Bar of Florida, #2 Letter Good Standing Letter from State Bar of Georgia, #3 Proposed Order) (Yee, Jeffrey) |
Filing 49 ORDER GRANTING APPLICATION of Non-Resident Attorney David K. Friedland to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC and designating Christopher R. Fredrich as local counsel #39 by Judge Mark C. Scarsi. (lc) |
Filing 48 TEXT ONLY ENTRY (IN CHAMBERS) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS (G-112a) by Judge Mark C. Scarsi: In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents (ECF No. #46 ), regarding Application to Appear Pro Hac Vice (ECF No. #41 ), IT IS HEREBY ORDERED that the document is stricken. Any proposed order should be submitted as an attachment to the efiled application. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
Filing 47 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Joshua D. Cushing to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32678929) #38 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document by January 29, 2022. (smo) |
Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Corrected APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2022, Receipt No. ACACDC-32678929) #41 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Lodging. 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. (lt) |
Filing 45 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joshua D. Cushing to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32678929) #38 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): No signature on Application. Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt) |
Filing 44 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Gregory E. Bloom to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32678888) #37 , APPLICATION of Non-Resident Attorney David K. Friedland to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32679061) #39 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
Filing 43 ORDER GRANTING APPLICATION of Non-Resident Attorney Gregory E. Bloom to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC and designating Christopher R. Fredrich as local counsel #37 by Judge Mark C. Scarsi. (lc) |
Filing 42 STIPULATION for Hearing re Miscellaneous Document, #20 filed by Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC. (Attachments: #1 Proposed Order)(Fredrich, Christopher) |
Filing 41 Corrected APPLICATION of Non-Resident Attorney Joshua D. Curry to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 1/25/2022, Receipt No. ACACDC-32678929) filed by Defendant Triller, Inc.. (Yee, Jeffrey) |
Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan Kepko counsel for Defendants Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc.. Filed by Defendant Defendants. (Kepko, Jonathan) |
Filing 39 APPLICATION of Non-Resident Attorney David K. Friedland to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32679061) filed by Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC. (Attachments: #1 Proposed Order) (Fredrich, Christopher) |
Filing 38 APPLICATION of Non-Resident Attorney Joshua D. Cushing to Appear Pro Hac Vice on behalf of Defendant Triller, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32678929) filed by Defendant Triller, Inc.. (Attachments: #1 Letter Good Standing Letter State Bar of Georgia, #2 Letter Good Standing Letter from State Bar of Florida) (Yee, Jeffrey) |
Filing 37 APPLICATION of Non-Resident Attorney Gregory E. Bloom to Appear Pro Hac Vice on behalf of Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32678888) filed by Plaintiffs BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC. (Attachments: #1 Proposed Order) (Attorney Christopher R Fredrich added to party BYB Extreme Fightings Series, LLC(pty:pla), Attorney Christopher R Fredrich added to party Lights Out Productions, LLC(pty:pla)) (Fredrich, Christopher) |
Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey F Yee counsel for Defendant Triller, Inc.. Jonathan G. Kepko is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC, Flipps Media, Inc.. (Yee, Jeffrey) |
Filing 35 INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) |
Filing 34 NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to Judge Mark C. Scarsi for all further proceedings. Case number now reads 2:22-cv-00416 MCS(MAAx). (rn) |
Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey F Yee counsel for Defendant Triller, Inc.. Adding Jeffrey Fuming Yee as counsel of record for Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC, Flipps Media, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Ryan Kavanaugh, Triller, Inc., Triller Fight Club, LLC, Flipps Media, Inc.. (Attorney Jeffrey F Yee added to party Triller, Inc.(pty:dft))(Yee, Jeffrey) |
Filing 32 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua D. Curry on behalf of Defendants. 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. (et) |
Filing 31 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonathan G. Kepko on behalf of Defendants. 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. (et) |
Filing 30 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David K. Friedland on behalf of Plaintiffs. 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. (et) |
Filing 29 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jaime Rich Vining on behalf of Plaintiffs. 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. (et) |
Filing 28 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gregory E. Bloom on behalf of Plaintiffs. 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. (et) |
Filing 27 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) |
Filing 26 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
Filing 25 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Maria A. Audero. (et) |
Filing 24 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 6:21-cv-01954-PGB-DCI, from Middle District of Florida (Orlando). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-00416-DMG (MAAx). (et) |
Filing 23 ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Middle |
Filing 22 ORDER granting #19 Joint Motion to Change Venue / Transfer Case. The Clerk of Court is DIRECTED to transfer this matter to the United States District Court for the Central District of California, Western Division. The Clerk of Court is further DIRECTED to transfer the pending Motion to Dismiss for Failure to State a Claim of Patent and Copyright Infringement #20 with the case. Thereafter, the Clerk of Court is DIRECTED to close the file. Signed by Judge Paul G. Byron on 1/18/2022. (CPH) [Transferred from Florida Middle on 1/21/2022.] |
Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #3 Initial Order filed by Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc.. (Curry, Joshua) Modified on 1/18/2022 (RDO). [Transferred from Florida Middle on 1/21/2022.] |
Filing 20 MOTION to Dismiss for Failure to State a Claim for Patent and Copyright Infringement by All Defendants. (Attachments: #1 Exhibit 1 US Pat D805,596 - full resolution, #2 Exhibit D596 Prosecution history, #3 Exhibit 3 Full-page figures from caselaw, #4 Exhibit 4 Full-page claimed vs. accused designs, #5 Exhibit 5 Mechling prior art)(Curry, Joshua) [Transferred from Florida Middle on 1/21/2022.] |
Filing 19 Joint MOTION to Change Venue / Transfer Case to CD California by Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc.. (Curry, Joshua) [Transferred from Florida Middle on 1/21/2022.] |
Filing 18 ENDORSED ORDER granting #15 Joint Motion for Extension of Time. On or before 1/14/2022, Defendants shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 12/20/2021. (Irick, Daniel) [Transferred from Florida Middle on 1/21/2022.] |
Filing 17 NOTICE of Appearance by Gregory E. Bloom on behalf of BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC (Bloom, Gregory) [Transferred from Florida Middle on 1/21/2022.] |
Filing 16 NOTICE of Appearance of Joshua D. Curry by Jonathan G. Kepko on behalf of Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc. (Kepko, Jonathan) Modified on 12/14/2021 (RDO). [Transferred from Florida Middle on 1/21/2022.] |
Filing 15 Joint MOTION for Extension of Time to File Response/Reply to Complaint by Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc.. (Kepko, Jonathan) [Transferred from Florida Middle on 1/21/2022.] |
Filing 14 NOTICE by Flipps Media, Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc. re #1 Complaint of Acceptance of Service for Defendant Ryan Kavanaugh (Kepko, Jonathan) [Transferred from Florida Middle on 1/21/2022.] |
Filing 13 NOTICE of a related action per Local Rule 1.07(c) by BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC. Related case(s): No (Friedland, David) [Transferred from Florida Middle on 1/21/2022.] |
Filing 12 CERTFICATE OF INTERESTED PERSONS and CORPORATE Disclosure Statement re #3 Initial Order by BYB Extreme Fightings Series, LLC, Lights Out Productions, LLC. (Friedland, David) Modified on 12/6/2021 (RDO). [Transferred from Florida Middle on 1/21/2022.] |
Filing 11 RETURN of service executed on 11/23/2021 by Lights Out Productions, LLC, BYB Extreme Fightings Series, LLC as to Triller, Inc.. (Friedland, David) [Transferred from Florida Middle on 1/21/2022.] |
Filing 10 RETURN of service executed on 11/23/2021 by Lights Out Productions, LLC, BYB Extreme Fightings Series, LLC as to Triller Fight Club, LLC. (Friedland, David) [Transferred from Florida Middle on 1/21/2022.] |
Filing 9 RETURN of service executed on 11/23/2021 by Lights Out Productions, LLC, BYB Extreme Fightings Series, LLC as to Flipps Media, Inc.. (Friedland, David) [Transferred from Florida Middle on 1/21/2022.] |
Filing 8 Copyright Report sent to Washington. (Attachments: #1 Exhibit 1 - Complaint) (BD) [Transferred from Florida Middle on 1/21/2022.] |
Filing 7 Patent Report sent to Alexandria, VA. (BD) (Additional attachment(s) added on 11/22/2021: #1 Exhibit 1 - Complaint) (BD). Modified on 11/22/2021 to regenerate NEF (BD). [Transferred from Florida Middle on 1/21/2022.] |
Filing 6 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN) [Transferred from Florida Middle on 1/21/2022.] |
Filing 5 SUMMONS issued as to Flipps Media, Inc., Triller Fight Club, LLC, and Triller, Inc.. (BD) [Transferred from Florida Middle on 1/21/2022.] |
Filing 4 NOTICE of Filing Executed Verification Page by Plaintiffs, re #1 Complaint. (Attachments: #1 Executed Verification Page)(Friedland, David) Text modified on 11/22/2021 (RDO). [Transferred from Florida Middle on 1/21/2022.] |
Filing 3 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 11/19/2021. (GNB) ctp [Transferred from Florida Middle on 1/21/2022.] |
Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-1954-PGB-DCI. (NAS) [Transferred from Florida Middle on 1/21/2022.] |
Filing 1 COMPLAINT for Design Patent Infringement, Unfair Competition, Copyright Infringement and Related Claims against Flipps Media Inc., Ryan Kavanaugh, Triller Fight Club, LLC, Triller, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18945881) filed by Lights Out Productions, LLC, BYB Extreme Fighting Series, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Summons for Flipps Media, Inc. d/b/a Fite TV, #5 Proposed Summons for Ryan C. Kavanaugh, #6 Proposed Summons for Triller Fight Club, LLC, #7 Proposed Summons for Triller, Inc., #8 Civil Cover Sheet)(Friedland, David) Modified on 11/19/2021 to remove all caps (BD). [Transferred from Florida Middle on 1/21/2022.] |
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