Brandon Vogts v. Penske Media Corporation et al
| Brandon Vogts |
| Penske Media Corporation, Dirt.com, LLC, Move, Inc. and DOES 1 through 10 |
| 2:2022cv01153 |
| February 18, 2022 |
| US District Court for the Central District of California |
| Andre Birotte |
| Pedro V Castillo |
| Fred W Slaughter |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 139 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. Mailed closing report to the current address of the Copyright Office: U.S. Copyright Office 101 Independence Ave. S.E., Washington, D.C. 20559-6000. (Closing). (Attachments: #1 Minutes Order Dismissing case, #2 Joint Stipulation to Dismiss Action) (jp) |
| Filing 138 Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Brandon Vogts.(Doniger, Stephen) |
Filing 137
MINUTES (IN CHAMBERS) ORDER DISMISSING ACTION ON NOTICE OF SETTLEMENT by Judge Fred W. Slaughter: The Court, having been notified by a Notice of Settlement #136 that the case settled, hereby orders this action dismissed without prejudice. The Court hereby orders all proceedings in the case vacated and taken off calendar. The Court retains jurisdiction for thirty (30) days to vacate this order and to reopen the action upon showing of good cause that the settlement has not been completed. (Made JS-6. Case Terminated.) (jp)
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| Filing 136 NOTICE of Settlement filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
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Filing 135
MINUTES ORDER GRANTING Plaintiff's Application to File Certain Exhibits Under Seal Connection With Plaintiff's Motion for Partial Summary Judgment #116 , and DENYING Joint Stipulation to File Under Seal Regarding The Court's 8/30/2023, Order Regarding Exhibits 25-27 Vogts' Motion for Partial Summary Judgment Stipulation #134 by Judge Fred W. Slaughter: The court ORDERS that the Exhibits 25, 26, and 27 to the Doniger Declaration (filed at, e.g., Dkt. 44-1) must be refiled within fourteen (14) days of this Order, either publicly or redacted with an accompanying sealing application per this District's Local Rules. (See document for further information). (jp)
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| Filing 134 Joint STIPULATION for Order re: Exhibits 25-27 to Vogts' Motion for Partial Summary Judgment filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order, #2 Exhibit A to Proposed Order)(Bandlow, Lincoln) |
| Filing 133 PROPOSED JURY INSTRUCTIONS (DISPUTED set) filed by Plaintiff Brandon Vogts.. (Doniger, Stephen) |
| Filing 132 PROPOSED COMPETING JURY VERDICT filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 131 PROPOSED JURY INSTRUCTIONS (JOINT set) filed by Plaintiff Brandon Vogts.. (Doniger, Stephen) |
| Filing 130 REQUEST FOR JUDICIAL NOTICE re MOTION IN LIMINE (#4) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING UNRELATED ARTICLES AND SOCIAL MEDIA POSTS #75 , MOTION IN LIMINE (#5) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING THE UNRELATED PMC LITIGATION #76 , REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #45 filed by Plaintiff Brandon Vogts. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 129 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Brandon Vogts. (Attachments: #1 Exhibit Proposed FPTCO)(Doniger, Stephen) |
| Filing 128 Notice of Withdrawal of Jury Instructions (Proposed) #127 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 127 PROPOSED JURY INSTRUCTIONS (Annotated with authorities set) filed by Defendants Dirt.com, LLC, Penske Media Corporation.. (Bandlow, Lincoln) |
| Filing 126 Proposed Voir Dire Questions filed by Defendants Dirt.com, LLC, Penske Media Corporation.. (Bandlow, Lincoln) |
| Filing 125 Opposition Opposition re: MOTION IN LIMINE (#2) to Exclude ALL TESTIMONY, ARGUMENT, AND EVIDENCE ABOUT THE SUBSTANCE OF OR RELIANCE ON ANY COPYRIGHT POLICIES OR TRAININGS #73 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Declaration of Lincoln Bandlow in support of opposition to Motion in Limine No. 2, #2 Exhibit A to Bandlow Declaration, #3 Exhibit B to Bandlow Declaration, #4 Exhibit C to Bandlow Declaration, #5 Exhibit D to Bandlow Declaration)(Bandlow, Lincoln) |
| Filing 124 Opposition Opposition re: MOTION IN LIMINE (#1) to Exclude ALL ARGUMENT THAT THE SUBJECT PHOTOGRAPHS CONTAIN UNAUTHORIZED USES OF THIRD-PARTY COPYRIGHTED CONTENT AND THAT VOGTS DID NOT CONSIDER OTHERS COPYRIGHTS #110 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Declaration of Lincoln Bandlow in support of opposition to Motion in Limine No. 1, #2 Exhibit A to Bandlow Declaration, #3 Exhibit B to Bandlow Declaration, #4 Exhibit C to Bandlow Declaration, #5 Exhibit D to Bandlow Declaration)(Bandlow, Lincoln) |
| Filing 123 OPPOSITION (CONSOLIDATED) re: MOTION IN LIMINE (#3) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS LICENSE AGREEMENTS AND LICENSING WITH THIRD-PARTIES #74 , MOTION IN LIMINE (#5) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING THE UNRELATED PMC LITIGATION #76 , MOTION IN LIMINE (#6) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS STAFF PHOTOGRAPHER #77 , MOTION IN LIMINE (#7) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS TERMS OF USE #78 , MOTION IN LIMINE (#4) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING UNRELATED ARTICLES AND SOCIAL MEDIA POSTS #75 filed by Plaintiff Brandon Vogts. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL (McClain Depo), #3 Exhibit 2 to Doniger DL (Dirt Depo), #4 Exhibit 3 to Doniger DL (PMC Depo))(Doniger, Stephen) |
| Filing 122 OPPOSITION re: MOTION IN LIMINE (#8) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING SCREENSHOTS FROM VOGTS WEBSITE #79 filed by Plaintiff Brandon Vogts. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL)(Doniger, Stephen) |
| Filing 121 STATEMENT of the Case filed by Plaintiff Brandon Vogts (Doniger, Stephen) |
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Filing 120
ORDER RE JOINT STIPULATION TO CONTINUE THE OCTOBER 5, 2023, FINAL PRETRIAL CONFERENCE #105 by Judge Fred W. Slaughter. The Court ORDERS the court's August 4, 2023, Orde Re Joint Stipulation to Continue Dates Set Forth in the Court's May 16, 2023, Scheduling Order #103 MODIFIED to read as follows: Final Pretrial Conference and Hearing on Motions in Limine 10/12/2023 at 8:30 a.m. (See document for further information). (aco)
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Filing 119
MINUTES OF ORDER GRANTING DEFENDANTS' UNOPPOSED APPLICATION FOR EXTENSION OF TIME #115 by Judge Fred W. Slaughter. Having reviewed the Application, the court finds it sufficiently establishes good cause to continue the court's deadline to re-file an application to file certain documents under seal as stated in the court's August 30, 2023, Order (see Dkt No. 104 at 40), to September 22, 2023, and that relief outside the court's regular procedures for noticed motions is appropriate. Accordingly, based on the state of the record, as applied to the applicable law, the Application is GRANTED. (aco)
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| Filing 118 CERTIFICATE OF SERVICE filed by Plaintiff Brandon Vogts, re Sealed Declaration in SupportDeclaration #117 served on September 8, 2023. (Doniger, Stephen) |
| Filing 117 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibit 4 to MSJ) under seal #116 filed by Plaintiff Brandon Vogts. (Attachments: #1 Unredacted Document)(Doniger, Stephen) |
| Filing 116 APPLICATION to file document (Exhibit 4 to MSJ) under seal filed by Plaintiff Brandon Vogts. (Attachments: #1 Redacted Document, #2 Proposed Order)(Doniger, Stephen) |
| Filing 115 APPLICATION for Extension of Time to File Application to file certain documents from the summary judgment motions under seal filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order) (Bandlow, Lincoln) |
| Filing 114 EXHIBIT Filed filed by Defendants Dirt.com, LLC, Penske Media Corporation. Redacted version of Exhibit CC as to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 , Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,, Order on Motion for Leave to File Document Under Seal,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,, #104 . (Bandlow, Lincoln) |
| Filing 113 PROOF OF SERVICE filed by Plaintiff Brandon Vogts, re Sealed Document, #112 served on September 8, 2023. (Doniger, Stephen) |
| Filing 112 SEALED DOCUMENT (Exhibits 9-11, and 21 to Doniger DL) re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 , Order on Motion for Partial Summary Judgment,,,,,,,,,,,,,,,, Order on Motion for Leave to File Document Under Seal,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,, #104 filed by Plaintiff Brandon Vogts.(Doniger, Stephen) |
| Filing 111 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude TESTIMONY, ARGUMENT, AND EVIDENCE REGARDING POLICIES, PRACTICES, AND TRAININGS THAT DEFENDANTS PREVIOUSLY CLAIMED AS PRIVILEGED filed by Plaintiff Brandon Vogts. Motion set for hearing on 10/5/2023 at 08:30 AM before Judge Fred W. Slaughter. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL, #3 Exhibit 2 to Doniger DL, #4 Proposed Order)(Doniger, Stephen) |
| Filing 110 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude ALL ARGUMENT THAT THE SUBJECT PHOTOGRAPHS CONTAIN UNAUTHORIZED USES OF THIRD-PARTY COPYRIGHTED CONTENT AND THAT VOGTS DID NOT CONSIDER OTHERS COPYRIGHTS filed by Plaintiff Brandon Vogts. Motion set for hearing on 10/5/2023 at 08:30 AM before Judge Fred W. Slaughter. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 109 STATUS REPORT (JOINT) RE SETTLEMENT filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 108 Witness List filed by Plaintiff Brandon Vogts.. (Doniger, Stephen) |
| Filing 107 JOINT Exhibit List filed by Plaintiff Brandon Vogts.. (Doniger, Stephen) |
| Filing 106 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 105 Joint STIPULATION to Continue Final Pretrial Conference from October 5, 2023 to October 12, 2023 Re: Order,,, Terminate Deadlines and Hearings,,, Set/Reset Deadlines/Hearings,, #103 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
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Filing 104
MINUTES ORDER RE: MOTIONS FOR SUMMARY JUDGMENT #43 #44 #53 AND APPLICATIONS TO SEAL #46 #54 #84 by Judge Fred W. Slaughter: (1) DENIES Defendants' Motion for Partial Summary Judgment as to the Number of Works at Issue for Purposes of Statutory Damages (Dkt. 43). (2) GRANTS Plaintiff's Motion for Summary Judgment as to Defendants' Liability for Copyright Infringement (Dkt. 44). (3) DENIES Defendant's Motion for Summary Judgment under the Doctrine of Fair Use (Dkt. 53). (4) GRANTS IN PART, DENIES IN PART, AND DEFERS IN PART Plaintiff's Sealing Application (Dkt. 46). Plaintiff's Sealing Application is DEFERRED as to Exhibit 4 to Plaintiff's declaration; DENIED WITHOUT PREJUDICE as to Exhibits 25, 26, and 27; and GRANTED in its other respects. (5) GRANTS IN PART, DENIES IN PART, AND DEFERS IN PART Defendant's Sealing Applications (Dkts. 46, 84.) Defendants' First Sealing Application (Dkt. 46) is DEFERRED as to Exhibit CC to Defendants' counsel's declaration; DENIED as to Exhibit Z; and GRANTED in its other respects. Defendants' Supplemental Sealing Application (Dkt. 84) is GRANTED. (6) Plaintiff is ORDERED to file a redacted version of Exhibit 4 to Plaintiff's declaration, and Defendant is likewise ORDERED to file a redacted version of Exhibit CC to Defendants' counsel's declaration, within ten (10) days of this Order. The parties may file the document as a single joint filing. (7) The parties are ORDERED to file on the public docket the materials unsealed by this Order within ten (10) days of this Order. As to Exhibits 25, 26, and 27 to Plaintiffs counsel's declaration only, any party may re-file an application seeking to seal narrowly redacted versions in lieu of public versions within ten (10) days of this Order. That application may be combined with the parties' resubmission of Exhibits 4 and CC in one filing as ordered above. (jp)
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Filing 103
ORDER Re Joint Stipulation to Continue Dates Set Forth in the Court's 5/16/2023, Scheduling Order #91 by Judge Fred W. Slaughter, the court ORDERS the court's 5/16/2023, Order Re Order Re Joint Stipulation to Continue Dates Set Forth in the Court's 2/28/2023, Order #91 MODIFIED to read as follows (with changes indicated by italics): Jury Trial se t for 11/7/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 10/5/2023 at 8:30 AM. Motions in Limine with Proposed Orders: 9/14/2023. Joint Proposed Final Pretrial Conference Order: 9/21/2023. (See document for further information). (jp)
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| Filing 102 Joint STIPULATION to Continue Trial dates and related dates from September 26, 2023 to November 7, 2023 Re: Order,,, Terminate Deadlines and Hearings,,, Set/Reset Deadlines/Hearings,, #91 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
| Filing 101 SUPPLEMENT to Objection/Opposition (Motion related), #57 , Minutes of In Chambers Order/Directive - no proceeding held, #96 filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 100 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 99 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
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Filing 98
ORDER GRANTING Joint Stipulation to Continue the Deadline for Supplemental Briefing Set forth in the Court's 6/19/2023, Order (Dkt. No. 96) #97 by Judge Fred W. Slaughter, the following: The deadline for the parties to submit their supplemental briefs as set forth in the Court's 6/9/2023, Order (Dkt. No. #96 ) is CONTINUED from 6/16/2023, to 6/23/2023. (jp)
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| Filing 97 Joint STIPULATION to Continue The Deadline For Supplemental Briefing Set Forth in the Court's June 9, 2023 Order (Dkt. No. 96) from June 16, 2023 to June 23, 2023 Re: Minutes of In Chambers Order/Directive - no proceeding held, #96 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
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Filing 96
MINUTE ORDER RE: SUPPLEMENTAL BRIEFING #92 , #93 , #94 , #95 by Judge Fred W. Slaughter: The court GRANTS Plaintiff's substantially unopposed requests. If the parties choose to submit supplemental briefing, it must not exceed a total of five (5) pages per case, for a total of ten (10) pages, disregarding any caption pages, tables of contents, or tables of authorities in calculating the number of pages. Supplemental briefing, if any, shall be due on or before 6/16/2023. (jp)
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| Filing 95 Notice of Response to Plaintiff's Notice of Supplemental Authority (Dkt 94) filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 94 Notice of SECOND SUPPLEMENTAL AUTHORITY AND REQUEST TO PERMIT SUPPLEMENTAL BRIEFING filed by Plaintiff Brandon Vogts. (Attachments: #1 Exhibit 1)(Doniger, Stephen) |
| Filing 93 Notice of Response to Plaintiff's Notice of Supplemental Authority filed by Defendants Dirt.com, LLC, Penske Media Corporation. Regarding Warhol Decision (Bandlow, Lincoln) |
| Filing 92 Notice of SUPPLEMENTAL AUTHORITY RE: PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 44) filed by Plaintiff Brandon Vogts. (Attachments: #1 Exhibit 1)(Doniger, Stephen) |
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Filing 91
ORDER Re Joint Stipulation to Continue Dates Set Forth in the Court's 2/28/2023 Order #69 by Judge Fred W. Slaughter, the court ORDERS the 8/2/2022, Scheduling Order 39 MODIFIED to read as follows (with changes indicated by italics): Jury Trial se t for 9/26/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 8/24/2023 at 8:30 AM. Motions in Limine with Proposed Orders: 7/27/2023. Joint Proposed Final Pretrial Conference Order: 8/3/2023. (See document for further information). (jp)
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| Filing 90 SEALED DOCUMENT The P:MC Defendants' Memorandum of Points and Authorities in Support of Their Motion for Partial Summary Judgment re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 , Stipulation and Order,,,, #87 filed by Defendants Dirt.com, LLC, Penske Media Corporation.(Bandlow, Lincoln) |
| Filing 89 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 redacted and refiled pursuant to Court Order at Docket Number 87 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 88 Notice Of Withdrawal of Docket Entry 43-1 to be refiled with redacted Version filed by Defendants Dirt.com, LLC, Penske Media Corporation. Pursuant to Court Order in Docket Number 87 (Bandlow, Lincoln) |
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Filing 87
ORDER RE JOINT STIPULATION REGARDING CONFIDENTIAL INFORMATION IN THE PMC DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT #52 by Judge Fred W. Slaughter. The court court ORDERS the following: 1. Within twenty-four (24) hours of entry of this Order, Defendants Penske Media Corporation and Dirt.com, LLC (collectively, the "PMC Defendants") shall withdraw their memorandum of points and authorities in support of their motion for partial summary judgment (Dkt. 43-1), refile that memorandum with the three redactions specified in the parties joint stipulation (i.e., id. at pages 4:11, 4:27, and 5:15) with no other changes, and submit an unredacted version of 2. The foregoing does not constitute a ruling on the merits of the parties' pending applications to seal certain materials, (Dkts. 46, 54, 84), and the court may later order the information subject to redaction in this order to be filed in a publicly viewable format if the court denies the relevant sealing requests. (lom) Modified on 5/15/2023 (lom).
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| Filing 86 PROOF OF SERVICE filed by Defendants Dirt.com, LLC, Penske Media Corporation, re Sealed Declaration in SupportDeclaration, #85 regarding Unredacted Consolidated Statement of Facts served on May 12, 2023. (Bandlow, Lincoln) |
| Filing 85 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Consolidated Statement of Facts under seal #84 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Unredacted Document Consolidated Statement of Facts)(Bandlow, Lincoln) |
| Filing 84 APPLICATION to file document Consolidated Statement of Facts under seal filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document Consolidated Statement of Facts)(Bandlow, Lincoln) |
| Filing 83 JOINT STATEMENT of FACTS IN SUPPORT OF: (1) PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY AND FAIR USE; (2) THE PMC DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON FAIR USE; AND (3) THE PMC DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT ON COMPILATIONS AND THE NUMBER OF STATUTORY DAMAGES NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 , NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 Redacted for pricing information filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 82 JOINT Exhibit List filed by Defendants Dirt.com, LLC, Penske Media Corporation.. (Bandlow, Lincoln) |
| Filing 81 Witness List filed by Defendants Dirt.com, LLC, Does, Move, Inc., Penske Media Corporation.. (Bandlow, Lincoln) |
| Filing 80 STATUS REPORT Regarding Settlement filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 79 NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING SCREENSHOTS FROM VOGTS WEBSITE filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum in support of motion in limine, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Exhibit A to Declaration of Lincoln Bandlow, #4 Exhibit B to Declaration of Lincoln Bandlow, #5 Proposed Order)(Bandlow, Lincoln) |
| Filing 78 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS TERMS OF USE filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum in support of motion in limine, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Exhibit A to Declaration of Lincoln Bandlow, #4 Proposed Order)(Bandlow, Lincoln) |
| Filing 77 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS STAFF PHOTOGRAPHER filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum in support of motion in limine, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Proposed Order)(Bandlow, Lincoln) |
| Filing 76 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING THE UNRELATED PMC LITIGATION filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum of points and authorities in support of motion in limine, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Exhibit A to Declaration of Lincoln Bandlow, #4 Exhibit B to Declaration of Lincoln Bandlow, #5 Exhibit C to Declaration of Lincoln Bandlow, #6 Exhibit D to Declaration of Lincoln Bandlow, #7 Exhibit E to Declaration of Lincoln Bandlow, #8 Exhibit F to Declaration of Lincoln Bandlow, #9 Exhibit G to Declaration of Lincoln Bandlow, #10 Exhibit H to Declaration of Lincoln Bandlow, #11 Exhibit I to Declaration of Lincoln Bandlow, #12 Exhibit J to Declaration of Lincoln Bandlow, #13 Exhibit K to Declaration of Lincoln Bandlow, #14 Proposed Order)(Bandlow, Lincoln) |
| Filing 75 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING UNRELATED ARTICLES AND SOCIAL MEDIA POSTS filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum in support of motion in limine, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Exhibit A to Declaration of Lincoln Bandlow, #4 Exhibit B to Declaration of Lincoln Bandlow, #5 Exhibit C to Declaration of Lincoln Bandlow, #6 Exhibit D to Declaration of Lincoln Bandlow, #7 Exhibit E to Declaration of Lincoln Bandlow, #8 Exhibit F to Declaration of Lincoln Bandlow, #9 Exhibit G to Declaration of Lincoln Bandlow, #10 Exhibit H to Declaration of Lincoln Bandlow, #11 Exhibit I to Declaration of Lincoln Bandlow, #12 Exhibit J to Declaration of Lincoln Bandlow, #13 Proposed Order)(Bandlow, Lincoln) |
| Filing 74 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude ALL EVIDENCE AND ARGUMENT REGARDING PMCS LICENSE AGREEMENTS AND LICENSING WITH THIRD-PARTIES filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Lincoln Bandlow in support of motion in limine, #3 Proposed Order)(Bandlow, Lincoln) |
| Filing 73 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude ALL TESTIMONY, ARGUMENT, AND EVIDENCE ABOUT THE SUBSTANCE OF OR RELIANCE ON ANY COPYRIGHT POLICIES OR TRAININGS filed by Plaintiff Brandon Vogts. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL, #3 Exhibit 2 to Doniger DL, #4 Proposed Order)(Doniger, Stephen) |
| Filing 72 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 71 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude ALL ARGUMENT THAT THE SUBJECT PHOTOGRAPHS CONTAIN UNAUTHORIZED USES OF THIRD-PARTY COPYRIGHTED CONTENT filed by Plaintiff Brandon Vogts. Motion set for hearing on 6/15/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 70 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 69 Joint STIPULATION to Vacate Pretrial and trial dates Order,,, Terminate Deadlines and Hearings,,, Set/Reset Deadlines/Hearings,, #41 Vacate and/or Continue filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
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Filing 68
MINUTE ORDER Re Filing in Connection With the Parties' Motions for Summary Judgment by Judge Fred W. Slaughter: The court ADOPTS its tentative rulings as modified and as memorialized in this Order. (See document for further information). (jp)
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| Filing 67 MINUTES OF Hearings on Defendant's Motion for Partial Summary Judgment #43 , Plaintiff's Motion for Partial Summary Judgment #44 , and Defendant's Motion for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 held before Judge Fred W. Slaughter: Motion hearings held. The Court hears oral argument from the parties. The Court takes the Motions under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. Attorneys for Plaintiff: Stephen Doniger; Benjamin Tookey; Attorneys for Defendant: Lincoln Bandlow; Rom Bar-Nissim. Courtroom Deputy: Melissa H. Kunig; Time in Court: 0:46. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) |
| Filing 66 REPLY In support NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 Sur-Reply allowed pursuant to Court Order filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Bandlow, Lincoln) |
| Filing 65 Notice of Supplemental Authority Re: The PMC Defendants' Motion for Partial Summary Judgment (Dkt No. 43) filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Exhibit A to Notice of Supplemental Authority)(Bandlow, Lincoln) |
| Filing 64 RESPONSE filed by Defendants Dirt.com, LLC, Penske Media Corporationto Objection #63 by Plaintiff to the PMC Defendants' Notices of Errata (Attachments: #1 Declaration of Lincoln Bandlow ISO Response to Objection by Plaintiff to the PMC Defendants' Notices of Errata, #2 Exhibit A to Bandlow Declaration)(Bandlow, Lincoln) |
| Filing 63 OBJECTIONS to Errata, #62 , Errata,,,,, #59 filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 62 NOTICE OF ERRATA filed by Defendants Dirt.com, LLC, Penske Media Corporation. correcting NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment #53 Re-submitting Memorandum of Points and Authorities to remedy missing page 17 (Bandlow, Lincoln) |
| Filing 61 REPLY in Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 filed by Plaintiff Brandon Vogts. (Attachments: #1 Supplement Resp. to D's SUF, #2 Supplement Evidentiary Objections, #3 Declaration of Stephen M. Doniger ISO Evidentiary Objections, #4 Exhibit 1 to Doniger DL, #5 Exhibit 2 to Doniger DL, #6 Exhibit 3 to Doniger DL, #7 Exhibit 4 to Doniger DL, #8 Exhibit 5 to Doniger DL, #9 Proposed Order to Evidentiary Objections)(Doniger, Stephen) |
| Filing 60 REPLY In support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Response to Plaintiff's Statement of Undisputed Facts in Support of Plaintiff's Opposition to PMC Defendants' Motion for Partial Summary Judgment, #2 Opposition to Plaintiff's Request for Judicial Notice in Support of Plaintiff's Opposition to PMC Defendants' Motion for Partial Summary Judgment)(Bandlow, Lincoln) |
| Filing 59 NOTICE OF ERRATA filed by Defendants Dirt.com, LLC, Penske Media Corporation. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 Inclusion of exhibits inadvertently left out of Exhibit A to Bandlow Declaration (Attachments: #1 Exhibit 3 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #2 Exhibit 4 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #3 Exhibit 5 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #4 Exhibit 6 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #5 Exhibit 7 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #6 Exhibit 8 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #7 Exhibit 10 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #8 Exhibit 11 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #9 Exhibit 12 to Exhibit A of Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment)(Bandlow, Lincoln) |
| Filing 58 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF re OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #57 filed by Plaintiff Brandon Vogts. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Doniger, Stephen) |
| Filing 57 OPPOSITION re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 filed by Plaintiff Brandon Vogts. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL, #3 Declaration of Brandon Vogts, #4 Exhibit 1 to Vogts DL, #5 Exhibit 2 to Vogts DL, #6 Exhibit 3 to Vogts DL, #7 Supplement SUF)(Doniger, Stephen) |
| Filing 56 PROOF OF SERVICE filed by Defendants Dirt.com, LLC, Penske Media Corporation, re Sealed Declaration in SupportDeclaration,, #55 served on March 23, 2023. (Bandlow, Lincoln) |
| Filing 55 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document ISO Defendants' Motion for Summary Judgment under seal #54 filed by Defendants Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Unredacted Document Memo ISO PMC Defendants' MSJ, #2 Unredacted Document PMC Defendants' Separate Statement ISO MSJ, #3 Unredacted Document Exhibit U, #4 Unredacted Document Exhibit V, #5 Unredacted Document Exhibit X, #6 Unredacted Document Exhibit Z, #7 Unredacted Document Exhibit AA, #8 Unredacted Document Exhibit CC)(Bandlow, Lincoln) |
| Filing 54 APPLICATION to file document ISO Defendants' Motion for Summary Judgment under seal filed by Defendants Dirt.com, LLC, Penske Media Corporation. Application set for hearing on 5/4/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Proposed Order, #2 Redacted Document Memo ISO PMC Defendants' MSJ, #3 Redacted Document PMC Defendants' Separate Statement ISO MSJ, #4 Redacted Document Exhibit U, #5 Redacted Document Exhibit V, #6 Redacted Document Exhibit X, #7 Redacted Document Exhibit Z, #8 Redacted Document Exhibit AA, #9 Redacted Document Exhibit CC)(Bandlow, Lincoln) |
| Filing 53 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's Complaint and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 5/4/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum of Points and Authorities in Support of the PMC Defendants' Consolidated Motion for Summary Judgment and Opposition to Plaintiff's Motion for Partial Summary Judgment, #2 Separate Statement of Uncontroverted Facts and Conclusions of Law, #3 Opposition to Plaintiff's Request for Judicial Notice, #4 Response to Plaintiff's Civil L.R. 56-1 Statement of Undisputed Facts in Support of Plaintiff's Motion for Partial Summary Judgment, #5 Proposed Judgment, #6 Declaration of Mark David Voss ISO the PMC Defendants' MSJ, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Declaration of James McClain ISO the PMC Defendants' MSJ, #24 Exhibit Q, #25 Exhibit R, #26 Exhibit S, #27 Exhibit T, #28 Declaration of Lincoln Bandlow ISO the PMC Defendants' MSJ, #29 Exhibit U - redacted, #30 Exhibit V - to be filed under seal, #31 Exhibit W, #32 Exhibit X - to be filed under seal, #33 Exhibit Y, #34 Exhibit Z - to be filed under seal, #35 Exhibit AA - to be filed under seal, #36 Exhibit BB, #37 Exhibit CC - to be filed under seal, #38 Exhibit DD, #39 Exhibit EE, #40 Exhibit FF - redacted) (Bandlow, Lincoln) |
| Filing 52 STIPULATION to Allow Defendants to Amend NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 filed by Plaintiff Brandon Vogts. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
| Filing 51 SCHEDULING NOTICE by Judge Fred W. Slaughter: The Court, on its own motion, hereby continues the hearings on Defendants Motion for Partial Summary Judgment #43 and Plaintiffs Motion for Partial Summary Judgment #44 currently set for April 27, 2023, at 10:00 a.m. to May 4, 2023, at 10:00 a.m.Counsel is reminded to refer to the list of CLOSED motion dates on Judge Slaughters Procedures and Schedules page prior to filing future motions.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (es) |
| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages #43 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. 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. (es) |
| Filing 48 CERTIFICATE OF SERVICE filed by Plaintiff Brandon Vogts, re Sealed Declaration in SupportDeclaration, #47 served on March 9, 2023. (Doniger, Stephen) |
| Filing 47 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Exhibits 4, 9-11, 21, 25-27 to MSJ) under seal #46 filed by Plaintiff Brandon Vogts. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Unredacted Document, #4 Unredacted Document, #5 Unredacted Document, #6 Unredacted Document, #7 Unredacted Document, #8 Unredacted Document)(Doniger, Stephen) |
| Filing 46 APPLICATION to file document (Exhibits 4, 9-11, 21, 25-27 to MSJ) under seal filed by Plaintiff Brandon Vogts. (Attachments: #1 Redacted Document, #2 Redacted Document, #3 Redacted Document, #4 Redacted Document, #5 Redacted Document, #6 Redacted Document, #7 Redacted Document, #8 Redacted Document, #9 Proposed Order)(Doniger, Stephen) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights #44 filed by Plaintiff Brandon Vogts. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Doniger, Stephen) |
| Filing 44 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendants' Liability of Copyright Infringement of Vogts Copyrights filed by Plaintiff Brandon Vogts. Motion set for hearing on 4/27/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Declaration of Stephen M. Doniger, #2 Exhibit 1 to Doniger DL, #3 Exhibit 2 to Doniger DL, #4 Exhibit 3 to Doniger DL, #5 Exhibit 4 to Doniger DL, #6 Exhibit 5 to Doniger DL, #7 Exhibit 6 to Doniger DL, #8 Exhibit 7 to Doniger DL, #9 Exhibit 8 to Doniger DL, #10 Exhibit 9 to Doniger DL, #11 Exhibit 10 to Doniger DL, #12 Exhibit 11 to Doniger DL, #13 Exhibit 12 to Doniger DL, #14 Exhibit 13 to Doniger DL, #15 Exhibit 14 to Doniger DL, #16 Exhibit 15 to Doniger DL, #17 Exhibit 16 to Doniger DL, #18 Exhibit 17 to Doniger DL, #19 Exhibit 18 to Doniger DL, #20 Exhibit 19 to Doniger DL, #21 Exhibit 20 to Doniger DL, #22 Exhibit 21 to Doniger DL, #23 Exhibit 22 to Doniger DL, #24 Exhibit 23 to Doniger DL, #25 Exhibit 24 to Doniger DL, #26 Exhibit 25 to Doniger DL, #27 Exhibit 26 to Doniger DL, #28 Exhibit 27 to Doniger DL, #29 Exhibit 28 to Doniger DL, #30 Exhibit 29 to Doniger DL, #31 Exhibit 30 to Doniger DL, #32 Declaration of Brandon Vogts, #33 Exhibit 1 to Vogts DL (Part 1), #34 Exhibit 1 to Vogts DL (Part 2), #35 Exhibit 2 to Vogts DL (Part 1), #36 Exhibit 2 to Vogts DL (Part 2), #37 Exhibit 2 to Vogts DL (Part 3), #38 Exhibit to Vogts DL (Part 1), #39 Exhibit 3 to Vogts DL (Part 2), #40 Exhibit 4 to Vogts DL, #41 Exhibit 5 to Vogts DL, #42 Exhibit 6 to Vogts DL, #43 Exhibit 7 to Vogts DL, #44 Supplement SUF, #45 Proposed Order) (Doniger, Stephen) |
| Filing 43 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to number of works at issue for purposes of statutory damages filed by Defendants Dirt.com, LLC, Penske Media Corporation. Motion set for hearing on 4/27/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Memorandum of points and authorities in support of motion for partial summary judgment, #2 Separate Statement of Uncontroverted Facts and Conclusions of Law, #3 Declaration of Lincoln Bandlow in Support of Motion for Partial Summary Judgment, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Proposed Order) (Bandlow, Lincoln) |
| Filing 42 Joint STIPULATION for Admissions filed by Plaintiff Brandon Vogts.(Doniger, Stephen) |
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Filing 41
ORDER Joint Stipulation Setting Briefing Schedule and Hearing Date for the Parties' Motions for Summary Judgment #40 by Judge Fred W. Slaughter, the court ORDERS the 8/2/2022, Scheduling Order #39 MODIFIED to read as follows (with changes indicated by italics): Jury Trial se t for 7/11/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 6/15/2023 at 8:30 AM. Non-Expert Discovery Cut-Off: 2/15/2023. Last Date to Hear Motions: 4/27/2023. Deadline to Complete Settlement Conference: 5/4/2023. Motions in Limine with Proposed Orders: 5/11/2023. Joint Proposed Final Pretrial Conference Order: 5/18/2023. (See document for further information). (jp)
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| Filing 40 Joint STIPULATION for Extension of Time to File Motions for Summary Judgment filed by Defendant Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
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Filing 39
ORDER Joint Stipulation to Continue Dates Set Forth in the Court's August 2, 2022, Scheduling Order #38 by Judge Fred W. Slaughter, the court ORDERS the 8/2/2022, Scheduling Order #25 MODIFIED to read as follows (with changes indicated by italics): Jury Trial se t for 5/30/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 5/18/2023 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 11/3/2022. Non-Expert Discovery Cut-Off: 1/5/2023. Last Date to Hear Motions: 2/23/2023. Deadline to Complete Settlement Conference: 3/9/2023. Motions in Limine with Proposed Orders: 4/27/2023. Joint Proposed Final Pretrial Conference Order: 5/4/2023. (See document for further information). (jp)
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| Filing 38 Joint STIPULATION to Continue Dates set forth in Court's August 2, 2022 Scheduling Order filed by Defendant Dirt.com, LLC, Penske Media Corporation. (Attachments: #1 Proposed Order)(Bandlow, Lincoln) |
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Filing 37
PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order #36 . (see document for details) (hr)
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| Filing 36 STIPULATION for Protective Order filed by Plaintiff Brandon Vogts.(Doniger, Stephen) |
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Filing 35
ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) by Judge Fred W. Slaughter. (mku)
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Filing 34
MINUTES SCHEDULING ORDER by Judge Fred W. Slaughter: The Court, having reviewed the pleadings and the parties' submissions pursuant to FRCP 26(f), VACATES the Scheduling Conference set for 8/11/2022 and sets the following schedule: Jury Trial set for 5/30/2023 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 5/18/2023 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 11/3/2022. Non-Expert Discovery Cut-Off: 1/5/2023. Last Date to Hear Motions: 2/23/2023. Deadline to Complete Settlement Conference: 3/9/2023. Motions in Limine with Proposed Orders: 4/27/2023. Joint Proposed Final Pretrial Conference Order: 5/4/2023. (See document for further information). (jp)
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| Filing 33 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Plaintiff Brandon Vogts.. (Attachments: #1 Exhibit A - Schedule of Pretrial and Trial Dates)(Doniger, Stephen) |
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Filing 32
ORDER GRANTING Joint Stipulation to Dismiss #31 by Judge Fred W. Slaughter, the court herebyGRANTS the Stipulation and dismisses Plaintiff's asserted claims against Move with prejudice. (jp)
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| Filing 31 STIPULATION to Dismiss Defendant Move, Inc. filed by Plaintiff Brandon Vogts. (Attachments: #1 Proposed Order)(Doniger, Stephen) |
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Filing 30
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 8/11/2022 at 9:00 a.m. See Order for details. (mku)
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Filing 29
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku)
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| Filing 28 STATEMENT of Case Management filed by Plaintiff Brandon Vogts re: Order #24 . (Doniger, Stephen) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney David R Singer counsel for Defendant Move, Inc.. Adding David R. Singer as counsel of record for Defendant Move, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Move. (Singer, David) |
| Filing 26 NOTICE of Appearance filed by attorney Elizabeth Holland Baldridge on behalf of Defendant Move, Inc. (Attorney Elizabeth Holland Baldridge added to party Move, Inc.(pty:dft))(Baldridge, Elizabeth) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Scott Lindsay counsel for Defendant Move, Inc.. Christopher Lindsay is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Move. (Lindsay, Christopher) |
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Filing 24
REASSIGNMENT ORDER by Judge Fred W. Slaughter: Please refer to Order for complete details. (jp)
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| Filing 23 CERTIFICATE of Interested Parties filed by Defendants Dirt.com, LLC, Penske Media Corporation, identifying Brandon Vogts (Plaintiff); Penske Media Corporation (Defendant); Dirt.Com, LLC (Defendant); Move, Inc., d/b/a Realtor.com (Defendant); and QBE North America (Insurer). (Bandlow, Lincoln) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Dirt.com, LLC, Penske Media Corporation.(Attorney Lincoln D Bandlow added to party Dirt.com, LLC(pty:dft), Attorney Lincoln D Bandlow added to party Penske Media Corporation(pty:dft))(Bandlow, Lincoln) |
| Filing 20 NOTICE of Interested Parties filed by Defendant Move, Inc., identifying Defendant Move, Inc. is a subsidiary of News Corporation, a publicly traded company. Move, Inc. is also partially owned by REA Group, Ltd., a publicly traded company. News Corporation owns more than 10% of REA Group, Ltd.'s stock. No publicly traded corporation owns more than 10% of News Corporation's stock. (Singer, David) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #16 . 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. (lom) |
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Filing 21
ORDER OF THE CHIEF JUDGE (#OCJ 22-079) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Slaughter, Fred W., this case is transferred from Judge Andre Birotte Jr to the calendar of Judge Fred W. Slaughter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01153-FWS-PVCx. (sn)
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Filing 18
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #15 by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that Defendant Move, Inc.'s deadline to respond to Plaintiff Brandon Vogts' Complaint is continued by thirty (30) days, to and including May 15, 2022. (lom)
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 6/24/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 16 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Move, Inc..(Attorney David R Singer added to party Move, Inc.(pty:dft))(Singer, David) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Move, Inc. answer now due 5/15/2022, filed by defendant Move, Inc.. (Attachments: #1 Proposed Order)(Lindsay, Christopher) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Move, Inc. answer now due 4/15/2022, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Move, Inc..(Attorney Christopher Scott Lindsay added to party Move, Inc.(pty:dft))(Lindsay, Christopher) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Brandon Vogts, upon Defendant Move, Inc. served on 2/25/2022, answer due 3/18/2022. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff Brandon Vogts. upon Dirt.com, LLC waiver sent by Plaintiff on 2/22/2022, answer due 4/25/2022. Waiver of Service signed by Shilpa Coorg, Esq. (Doniger, Stephen) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Brandon Vogts. upon Penske Media Corporation waiver sent by Plaintiff on 2/22/2022, answer due 4/25/2022. Waiver of Service signed by Shilpa Coorg, Esq. (Doniger, Stephen) |
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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 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Dirt.com, LLC, Move, Inc., Penske Media Corporation. (ghap) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Pedro V. Castillo. (ghap) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Brandon Vogts. (Doniger, Stephen) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Brandon Vogts, (Doniger, Stephen) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Brandon Vogts. (Doniger, Stephen) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32821039 - Fee: $402, filed by Plaintiff Brandon Vogts. (Attachments: #1 Exhibit 1 to Complaint, #2 Exhibit 2 to Complaint) (Attorney Stephen M. Doniger added to party Brandon Vogts(pty:pla))(Doniger, Stephen) |
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