Yuga Labs, Inc. v. Ripps et al
| Yuga Labs, Inc. |
| Ryder Ripps, Jeremy Cahen and Does 1-10 |
| 2:2022cv04355 |
| June 24, 2022 |
| US District Court for the Central District of California |
| John E McDermott |
| John F Walter |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 360
OBJECTIONS to Greg Solano's Declaration of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 359
OBJECTIONS to Declaration of Nicole Muniz filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 358
OBJECTIONS to Kerem Atalay's Declaration of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 357
OBJECTIONS to Declaration of Lauren R. Kindler filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 356
OBJECTIONS to Laura O'Laughlin's Declaration of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 355
OBJECTIONS to Jonah Berger's Declaration of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 354
NOTICE OF LODGING filed re Mr. Ripps and Mr. Cahen's Marked Copy of Yuga Labs' Proposed Findings of Fact and Conclusions of Law re Order #284 (Attachments: #1 Plaintiff's Marked Copy of Proposed Findings of Fact and Conclusions of Law)(Tompros, Louis)
|
|
Filing 353
NOTICE OF LODGING filed re Yuga Labs, Inc.'s Marked Copy of Defendants' Proposed Findings of Fact and Conclusions of Law re Order #284 (Attachments: #1 Yuga Labs Marked Copy of Defts Proposed Findings of Fact, Conclusions of Law)(Ball, Eric)
|
|
Filing 352
MINUTE (IN CHAMBERS) ORDER REGARDING OBJECTIONS TO DECLARATIONS by Judge John F. Walter. In the unlikely event that there are objections to the witness declarations filed by the parties on July 23, 2023, the Court orders lead counsel for the parties to meet and confer in person and resolve the objections to the declarations. After the conference, in lieu of filing a reply or response to the objections as required by the Court's Civil Trial Order, counsel shall file, on or before July 25, 2023, at 10:00 a.m., a joint statement, advising the Court that all of the objections to the testimony of live witnesses have been resolved. (iv)
|
|
Filing 351
Text Entry Order: The Court sets a Final Pre-Trial Conference for July 26, 2023 at 8:00 a.m. Counsel shall appear by Zoom. For access to the Zoom link, please refer to Judge Walter's Procedure & Schedules page at: http://www.cacd.uscourts.gov/honorable-john-f-walter THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.
|
|
Filing 350
INITIAL PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 349
Plaintiff Yuga Labs, Inc.'s Initial Proposed Findings of Fact and Conclusions of Law filed by Plaintiff Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 348
TRIAL BRIEF filed by Defendants Jeremy Cahen, Ryder Ripps.. (Tompros, Louis)
|
|
Filing 347
NOTICE OF LODGING filed for Video Exhibits re Declaration,, #344 , Declaration, #345 (Tompros, Louis)
|
|
Filing 346
DECLARATION of Ryder Ripps of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1 (JTX-2139) - An Artist of the Internet, #2 Exhibit 2 (JTX-2045) - Forbes 30 Under 30, #3 Exhibit 3 (JTX-2333) - Whats More Provocative Than Sincerity, #4 Exhibit 4 (JTX-2102) - Pith Helmet Tweet, #5 Exhibit 5 (JTX-2085) - RRBAYC Website, #6 Exhibit 6 (JTX-2086) - Disclaimer, #7 Exhibit 7 (JTX-801) - Team ApeMarket Excerpts, #8 Exhibit 8 (JTX-803) - Telegram Excerpt (first), #9 Exhibit 9 (JTX-804) - Telegram Excerpt (second), #10 Exhibit 10 (JTX-2096) - David and Goliath, #11 Exhibit 11 (JTX-2097) - Founders Apes Tweet, #12 Exhibit 12 (JTX-2103) - Disclaimer Tweet, #13 Exhibit 13 (JTX-2243) - Etherscan Bored Ape Search, #14 Exhibit 14 (JTX-2244) - Etherscan BAYC Search, #15 Exhibit 15 (JTX-2033) - Andriske Letter, #16 Exhibit 16 (JTX-2592) - Cook Letter, #17 Exhibit 17 (JTX-2599) - Stango Letter, #18 Exhibit 18 (JTX-2596) - Bader Letter, #19 Exhibit 19 (JTX-2595) - Smug66xg0dd Letter, #20 Exhibit 20 (JTX-2590) - easywrld Letter, #21 Exhibit 21 (JTX-2035) - Attar Letter, #22 Exhibit 22 (JTX-2039) - Winterstein Letter, #23 Exhibit 23 (JTX-2113) - streetoshi message, #24 Exhibit 24 (JTX-2112) - Jason Cline Tweet)(Tompros, Louis)
|
|
Filing 345
DECLARATION of Ryan Hickman of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1 (JTX-2673) - Muniz WebSummit Video, #2 Exhibit 2 (JTX-2075) - Collage, #3 Exhibit 3 (JTX-2086) - Disclaimer, #4 Exhibit 4 (JTX-801) - Team ApeMarket Excerpt)(Tompros, Louis)
|
|
Filing 344
DECLARATION of Jeremy Cahen of Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1 (JTX-801) - Team ApeMarket Excerpts, #2 Exhibit 2 (JTX-2085) - rrbay.com Website, #3 Exhibit 3 (JTX-2086) - Disclaimer, #4 Exhibit 4 (JTX-2672) - Muniz WebSummit Video, #5 Exhibit 5 (JTX-2398) - BAYC t-shirt, #6 Exhibit 6 (JTX-2134) - Bored Coffee, #7 Exhibit 7 (JTX-2410) - BAYC Notebook, #8 Exhibit 8 (JTX-705) - Gembot, #9 Exhibit 9 (JTX-2112) - Cline Tweets, #10 Exhibit 10 (JTX-2211) - Joey Tartz Tweet, #11 Exhibit 11 (JTX-2676) - Bloomberg Video)(Tompros, Louis)
|
|
Filing 343
TRIAL BRIEF filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 342
DECLARATION of Greg Solano filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0001 - 2022 02 03 Thomas Lehman Declaration, #2 Exhibit JTX-0023 - 2022 06 15 6:08 PM Excerpts from Team ApeMarket Discord, #3 Exhibit JTX-0029 - 2022 06 13 (Wayback) RRBAYC Opensea webpage, #4 Exhibit JTX-0058 - 2022 06 24 4:01 PM Excerpts from Team ApeMarket Discord, #5 Exhibit JTX-0090 - 2022 06 23 12:50 PM Excerpts from Team ApeMarket Discord, #6 Exhibit JTX-0094 - RR/BAYC Browser Tab and Favicon, #7 Exhibit JTX-0095 - Ape Market Browser Tab and Favicon, #8 Exhibit JTX-0114 - 2022 06 09 1:52 PM Excerpts from Team ApeMarket Discord, #9 Exhibit JTX-0117 - 2022 07 15 (Wayback) Etherscan, #10 Exhibit JTX-0133 - 2022 05 21 Twitter Direct Messages (Ripps and DoTheMath), #11 Exhibit JTX-0137 - 2022 06 22 (Wayback) RRBAYC Looksrare webpage, #12 Exhibit JTX-0167 - 2023 02 21 RRBAYC Netlify Ape No. 1376 capture, #13 Exhibit JTX-0171 - RRBAYC Netlify, #14 Exhibit JTX-0311 - 2022 06 21 Tweet from @streetoshi, #15 Exhibit JTX-0523 - 2022 05 16 Cline Tweet, #16 Exhibit JTX-0600 - Etherscan-Transaction Details, #17 Exhibit JTX-0607 - Yuga Labs Website About Page, #18 Exhibit JTX-0608 - Bored Ape Yacht Club Homepage, #19 Exhibit JTX-0611 - Yuga Labs OpenSea Bored Ape Yacht Club Listing Page, #20 Exhibit JTX-0621 - 2023 02 06 Consent Judgment and Order (Yuga Labs v. Lehman), #21 Exhibit JTX-0670 - 2022 05 21 RRBAYC Foundation webpage (Wayback), #22 Exhibit JTX-0677 - Google Search-BAYC Foundation.app, #23 Exhibit JTX-0683 - 2022 06 20 Cahen Tweet, #24 Exhibit JTX-0684 - OpenSea 24 Hour Sales Rankings, #25 Exhibit JTX-0685 - 2022 06 21 Cahen Tweet, #26 Exhibit JTX-0686 - Side-by-Side of BAYC #1058 and RR/BAYC #1058 on OpenSea, #27 Exhibit JTX-0687 - RRBAYC No. 362, #28 Exhibit JTX-0688 - RRBAYC No. 863, #29 Exhibit JTX-0689 - 2022 05 13 Ripps Tweet, #30 Exhibit JTX-0690 - 2022 05 17 Ripps Tweet, #31 Exhibit JTX-0696 - ApeMarket Twitter Account, #32 Exhibit JTX-0697 - 2022 06 02 ApeMarket Tweet, #33 Exhibit JTX-0701 - 2022 06 21 Bloomberg Crypto News Segment, #34 Exhibit JTX-0705 - 2022 07 08 0xGem Tweet, #35 Exhibit JTX-0709 - 2022 10 21 Tom22110616 Tweet, #36 Exhibit JTX-0710- 2022 05 19 Cryptoverse520 Tweet, #37 Exhibit JTX-0801 - Team ApeMarket Discord, #38 Exhibit JTX-0806 - Lehmans Source Code Files, #39 Exhibit JTX-0807 - Lehman ApeMarket Source Code (Home), #40 Exhibit JTX-0808 - Lehman ApeMarket Source Code (Dropdown menu), #41 Exhibit JTX-0809 - Lehman ApeMarket Source Code (BAYC), #42 Exhibit JTX-0841 - 2022 05 18 Ripps Tweet, #43 Exhibit JTX-0972 - Etherscan-Token Bored Ape Yacht Club, #44 Exhibit JTX-1028 - 2022 01 03 dlbrows Tweet, #45 Exhibit JTX-1030 - 2022 07 08 0xToven Tweet, #46 Exhibit JTX-1037 - 2022 05 26 Ripps Tweet, #47 Exhibit JTX-1045 - 2022 06 23 Ripps Tweet, #48 Exhibit JTX-1048 - 2023 01 18 ApeMarket Tweet, #49 Exhibit JTX-1075 - 2022 Yuga Labs Income Statement, #50 Exhibit JTX-1148 - rrbayc-v0.netlify.app and Favicon, #51 Exhibit JTX-1249 - 2022 05 14 Ripps Tweet, #52 Exhibit JTX-1274 - 2022 06 20 markaclouds Tweet, #53 Exhibit JTX-1302 - BoredApeYC Twitter-Full, #54 Exhibit JTX-1306 - Yugalabs Twitter-Full, #55 Exhibit JTX-1315 - 2023 04 04 Cahen Tweet, #56 Exhibit JTX-1317 - RRBAYC on Opensea Pro (grid view), #57 Exhibit JTX-1434 - Otherside Video, #58 Exhibit JTX-1442 - 2021 04 17 BAYC Tweet, #59 Exhibit JTX-1480 - 2023 03 27 Blockworks Tweet, #60 Exhibit JTX-1574 - No Date Text Messages RIPPSCAHEN00026004, #61 Exhibit JTX-1586 - No Date Text Messages RIPPSCAHEN00026069, #62 Exhibit JTX-1617 - 2023 06 06 Cahen Tweet Thread, #63 Exhibit JTX-1618 - 2023 06 06 CHristophrP_ Tweet, #64 Exhibit JTX-1619 - 2023 06 06 potatoeggtacos Tweet, #65 Exhibit JTX-1620 - 2023 06 06 Cahen Tweet)(Culp Cloyd, Kimberly)
|
|
Filing 341
DECLARATION of Witness Laura O'Laughlin filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0001 - 2022 02 03 Thomas Lehman Declaration, #2 Exhibit JTX-0028 - RRBAYC Foundation webpage, #3 Exhibit JTX-0600 - Etherscan-Transaction Details, #4 Exhibit JTX-0603 - Foundation Webpage-How to Create a Collection, #5 Exhibit JTX-0670 - 2022 05 21 RRBAYC Foundation webpage (Wayback), #6 Exhibit JTX-0683 - 2022 06 20 Cahen Tweet, #7 Exhibit JTX-0684 - OpenSea 24 Hour Sales Rankings, #8 Exhibit JTX-0705 - 2022 07 08 0xGem Tweet, #9 Exhibit JTX-0713 - 2022 06 22 johnny0x_ Tweet, #10 Exhibit JTX-0721 - Expert Report of Laura OLaughlin, #11 Exhibit JTX-1030 - 2022 07 08 0xToven Tweet, #12 Exhibit JTX-1043 - 2022 05 16 Joey_tartz Tweet, #13 Exhibit JTX-1049 - Video of 2022 06 21 Bloomberg Crypto News Segment, #14 Exhibit JTX-1068 - 2022 06 15 0xGem Tweet, #15 Exhibit JTX-1069 - 2022 06 18 0xGem Tweet, #16 Exhibit JTX-1070 - 2022 06 23 0xGem Tweet, #17 Exhibit JTX-1071 - 2022 06 25 0xGem Tweet, #18 Exhibit JTX-1072 - 2022 08 13 0xGem Tweet, #19 Exhibit JTX-1073 - 2022 12 28 0xGem Tweet, #20 Exhibit JTX-1121 - The Role of Consumer Uncertainty in Trademark Law, #21 Exhibit JTX-1122 - 2021 Trademark and Deceptive Advertising Surveys, #22 Exhibit JTX-1123 - 2022 Trademark and Deceptive Advertising Surveys, #23 Exhibit JTX-1125 - 2013 Trademark Surveys Vol. 1, #24 Exhibit JTX-1192 - 2022 06 21 BAYC Discord, #25 Exhibit JTX-1557 - 2022 05 19 Wayback-RRBAYC Foundation webpage, #26 Exhibit JTX-1564 - 2022 06 21 (Wayback) RRBAYC Foundation webpage, #27 Exhibit JTX-1592 - Foundation Eveready Survey Data, #28 Exhibit JTX-1593 - OpenSea Squirt Survey Data, #29 Exhibit JTX-1594 - 2022 08 18 Why Did OpenSea Become the Most Widely Used, #30 Exhibit JTX-1595 - Etherscan-1956 Bored Ape Yacht Club, #31 Exhibit JTX-1596 - 2022 10 27 Rivera-Herrera 10 Best NFT Marketplaces, #32 Exhibit JTX-1597 - OpenSea Learn, OpenSea, #33 Exhibit JTX-1598 - 2022 02 03 The 8 Most Popular NFT Marketplaces, #34 Exhibit JTX-1599 - 2022 06 20 Discover, collect, sell extraordinary NFTs, #35 Exhibit JTX-1600 - 2022 01 20 Ripps character logo from Foundation Page, #36 Exhibit JTX-1612 - Reference Guide on Survey Research)(Melcher, Molly)
|
|
Filing 340
DECLARATION of Nicole Muniz filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0123 - 2021 12 06 Ripps Tweet, #2 Exhibit JTX-0132 - 2022 05 16 (WayBack) Ripps Tweet, #3 Exhibit JTX-0524 - 2022 05 13 Cline Tweet, #4 Exhibit JTX-0605 - 2022 10 19 BAYC Tweet, #5 Exhibit JTX-0606 - 2021 12 02 adidasoriginals Tweet, #6 Exhibit JTX-0669 - 2022 05 14 Ripps Tweet, #7 Exhibit JTX-0671 - 2022 15 17 Ripps Tweet, #8 Exhibit JTX-0673 - RRBAYC Foundation Webpage, #9 Exhibit JTX-0677 - Google Search-BAYC Foundation.app, #10 Exhibit JTX-0683 - 2022 06 20 Cahen Tweet, #11 Exhibit JTX-0684 - OpenSea 24 Hour Sales Rankings, #12 Exhibit JTX-0685 - 2022 06 21 Cahen Tweet, #13 Exhibit JTX-0686 - Side-by-Side of BAYC #1058 and RR/BAYC #1058 on OpenSea, #14 Exhibit JTX-0689 - 2022 05 13 Ripps Tweet, #15 Exhibit JTX-0690 - 2022 05 17 Ripps Tweet, #16 Exhibit JTX-0696 - ApeMarket Twitter Account, #17 Exhibit JTX-0697 - 2022 06 02 ApeMarket Tweet, #18 Exhibit JTX-0701 - 2022 06 21 Bloomberg Crypto News Segment, #19 Exhibit JTX-0719 - 2022 05 18 Ripps Tweet, #20 Exhibit JTX-0814 - 2022 05 15 Ripps Tweet, #21 Exhibit JTX-0857 - 2022 06 17 Ripps Tweet, #22 Exhibit JTX-1027 - 2022 06 20 ApeMarket Tweet, #23 Exhibit JTX-1029 - 2022 07 08 0xQuit Tweet, #24 Exhibit JTX-1030 - 2022 07 08 0xToven Tweet, #25 Exhibit JTX-1031 - 2022 07 08 apeuniverse_eth Tweet, #26 Exhibit JTX-1032 - 2022 07 08 Cryptonidis Tweet, #27 Exhibit JTX-1034 - 2022 07 08 joergloo Tweet, #28 Exhibit JTX-1035 - 2022 07 08 NFTBuffet Tweet, #29 Exhibit JTX-1037 - 2022 05 26 Ripps Tweet, #30 Exhibit JTX-1038 - 2021 08 20 Arizona Iced Tea Tweet, #31 Exhibit JTX-1049 - 2022 06 21 Bloomberg Crypto News Segment, #32 Exhibit JTX-1075 - 2022 Yuga Labs Income Statement, #33 Exhibit JTX-1192 - 2022 06 21 BAYC Discord, #34 Exhibit JTX-1293 - ApeFest 2022-Eminem and Snoop Dogg, #35 Exhibit JTX-1299 - 2023 02 05 capture of ApeFest 2022 Full Webpage, #36 Exhibit JTX-1315 - 2023 04 04 Cahen Tweet, #37 Exhibit JTX-1317 - RRBAYC on Opensea Pro (grid view), #38 Exhibit JTX-1461 - 2023 04 03 alexisohanian Tweet, #39 Exhibit JTX-1462 - 2023 04 03 CitronButter Tweet, #40 Exhibit JTX-1556 - 2022 05 13 Jclineshow Tweet, #41 Exhibit JTX-1613 - 2023 02 20 Cahen Retweet, #42 Exhibit JTX-1614 - 2023 02 17 Cahen Retweet, #43 Exhibit JTX-1615 - 2023 02 24 Cahen Retweet)(Culp Cloyd, Kimberly)
|
|
Filing 339
DECLARATION of Jonah Berger filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0001- 2022 02 03 Thomas Lehman Declaration, #2 Exhibit JTX-0036 - Etherscan 0x2ee6af, #3 Exhibit JTX-0109 - 2022 05 31 9:25 AM Excerpts from Team ApeMarket Discord, #4 Exhibit JTX-0110 - 2022 06 03 5:58 PM Excerpts from Team ApeMarket Discord, #5 Exhibit JTX-0114 - 2022 06 09 1:52 PM Excerpts from Team ApeMarket Discord, #6 Exhibit JTX-0138 - RRBAYC nftx.io webpage, #7 Exhibit JTX-0522 - 2022 05 16 Twitter Direct Messages Cline and the dude_86, #8 Exhibit JTX-0523 - 2022 05 16 Cline Tweet, #9 Exhibit JTX-0525 - 2022 05 13 Cline Tweet, #10 Exhibit JTX-0600 - Etherscan-Transaction Details, #11 Exhibit JTX-0603 - Foundation Webpage-How to Create a Collection, #12 Exhibit JTX-0607 - Yuga Labs Website About Page, #13 Exhibit JTX-0630 - 2022 06 24 Text Messages (Lehman and Cahen), #14 Exhibit JTX-0631 - 2022 05 25 Text Messages (Lehman and 3rd party), #15 Exhibit JTX-0671 - 2022 15 17 Ripps Tweet, #16 Exhibit JTX-0683 - 2022 06 20 Cahen Tweet, #17 Exhibit JTX-0686 - Side-by-Side of BAYC #1058 and RR/BAYC #1058 on OpenSea, #18 Exhibit JTX-0689 - 2022 05 13 Ripps Tweet, #19 Exhibit JTX-0690 - 2022 05 17 Ripps Tweet, #20 Exhibit JTX-0705 - 2022 07 08 0xGem Tweet, #21 Exhibit JTX-0710 - 2022 05 19 Cryptoverse520 Tweet, #22 Exhibit JTX-0722 - Expert Report of Jonah Berger, #23 Exhibit JTX-1023 - 2022 06 20 Twitter Direct Messages, #24 Exhibit JTX-1024 - 2022 06 20 Twitter Direct Messages, #25 Exhibit JTX-1030 - 2022 07 08 0xToven Tweet, #26 Exhibit JTX-1031- 2022 07 08 apeuniverse_eth Tweet, #27 Exhibit JTX-1035 - 2022 07 08 NFTBuffet Tweet, #28 Exhibit JTX-1049 - 2022 06 21 Bloomberg Crypto News Segment, #29 Exhibit JTX-1055 - 2022 06 15 0xGem Tweet, #30 Exhibit JTX-1056 - 2022 06 18 0xGem Tweet, #31 Exhibit JTX-1057 - 2022 06 20 0xGem Tweet, #32 Exhibit JTX-1058 - 2022 06 23 0xGem Tweet, #33 Exhibit JTX-1059 - 2022 06 25 0xGem Tweet, #34 Exhibit JTX-1060 - 2022 08 13 0xGem Tweet, #35 Exhibit JTX-1061 - 2022 12 28 0xGem Tweet, #36 Exhibit JTX-1119 - 2022 Das, Dipanjan et al.-Understanding Security Issues, #37 Exhibit JTX-1192 - 2022 06 21 BAYC Discord, #38 Exhibit JTX-1193 - 2022 05 10 apebayc Tweet, #39 Exhibit JTX-1194 - 2022 05 10 Cryptogeenie Tweet, #40 Exhibit JTX-1195 - 2022 06 16 CryptoJooj Tweet, #41 Exhibit JTX-1233 - 2021-09-30 to 2023-03-31 Twitter from BoredApeYC, #42 Exhibit JTX-1480 - 2023 03 27 Blockworks Tweet, #43 Exhibit JTX-1557 - 2022 05 19 Wayback-RRBAYC Foundation webpage)(Culp Cloyd, Kimberly)
|
|
Filing 338
DECLARATION of Witness Lauren R. Kindler filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0001 - 2022 02 03 Thomas Lehman Declaration, #2 Exhibit JTX-0029 - 2022 06 13 (Wayback) RRBAYC Opensea webpage, #3 Exhibit JTX-0072 - Etherscan 0xF9C2B, #4 Exhibit JTX-0103 - RR-BAYC Recent Financials, #5 Exhibit JTX-0670 - 2022 05 21 RRBAYC Foundation webpage (Wayback), #6 Exhibit JTX-0689 - 2022 05 13 Ripps Tweet, #7 Exhibit JTX-0722 - Expert Report of Jonah Berger, #8 Exhibit JTX-0723 - Expert Report of Lauren Kindler, #9 Exhibit JTX-0801 - Team ApeMarket Discord (excerpted), #10 Exhibit JTX-0803 - 2022 05 20 RRBAYC Telegram Messages (excerpted), #11 Exhibit JTX-0804 - 2022 05 26 RRBAYC Telegram Messages (excerpted), #12 Exhibit JTX-0918 - 2022 05 18 to 2022 09 22 Text Messages (excerpted), #13 Exhibit JTX-1039 - LooksRare-RRBAYC #5277, #14 Exhibit JTX-1040 - Opensea-BAYC #5277, #15 Exhibit JTX-1041 - Etherscan-Transaction 0xd6787, #16 Exhibit JTX-1042 - Etherscan-Transaction 0X79b3bc7, #17 Exhibit JTX-1045 - 2022 06 23 Ripps Tweet, #18 Exhibit JTX-1048 - 2023 01 18 ApeMarket Tweet, #19 Exhibit JTX-1146 - Etherscan 0x2EEBAFO, #20 Exhibit JTX-1171 - 2023 04 14 Cahen Tweet, #21 Exhibit JTX-1315 - 2023 04 04 Cahen Tweet, #22 Exhibit JTX-1566 - 2023 04 28 Cahen Tweet, #23 Exhibit JTX-1567 - 2023 03 01 Cahen Tweet, #24 Exhibit JTX-1568 - 2023 05 01 Cahen Tweet, #25 Exhibit JTX-1574 - No Date Text Messages RIPPSCAHEN00026004, #26 Exhibit JTX-1613 - 2023 02 20 Cahen Retweet, #27 Exhibit JTX-1614 - 2023 02 17 Cahen Retweet, #28 Exhibit JTX-1615 - 2023 02 24 Cahen Retweet, #29 Exhibit JTX-1616 - Coingecko, RR-BAYC NFT Floor Price Data, #30 Exhibit JTX-1617 - 2023 06 06 Cahen Tweet Thread, #31 Exhibit JTX-1620 - 2023 06 06 Cahen Tweet, #32 Exhibit JTX-1621 - NFTGO BAYC Analytics, #33 Exhibit JTX-1622 - NFTGO BAYC Overview, #34 Exhibit JTX-1623 - NFTGO RRBAYC Analytics-General, #35 Exhibit JTX-1624 - NFTGO RRBAYC Overview-Short, #36 Exhibit JTX-1625 - NFTGO RRBAYC Overview, #37 Exhibit JTX-1626 - OpenSea BAYC Analytics)(Melcher, Molly)
|
|
Filing 337
DECLARATION of Kerem Atalay filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit JTX-0600 - Etherscan-Transaction Details, #2 Exhibit JTX-0603 - Foundation Webpage-How to Create a Collection, #3 Exhibit JTX-0806 - Lehman's Source Code Files, #4 Exhibit JTX-0807 - Lehman ApeMarket Source Code (Home), #5 Exhibit JTX-0808 - Lehman ApeMarket Source Code (Dropdown menu), #6 Exhibit JTX-0809 - Lehman ApeMarket Source Code (BAYC), #7 Exhibit JTX-1146 - Etherscan 0x2EEBAFO, #8 Exhibit JTX-1558 - 2022 07 03 AllCityBAYC Tweet)(Ball, Eric)
|
|
Filing 336
Notice of Lodging of Plaintiff Yuga Labs, Inc.'s Native Files of Trial Exhibits filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 335
NOTICE OF FILING TRANSCRIPT filed for proceedings 06-09-23, 8:03 am re Transcript #334 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY
|
|
Filing 334
TRANSCRIPT for proceedings held on 06-09-23, 8:03 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/4/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/12/2023. (Algorri, Miranda)
|
|
Filing 333
SEALED DOCUMENT Defendants' Designated Witness Testimony of Aronow, Lehman and Muniz re Order on Motion for Leave to File Document Under Seal #332 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Defendants' Designated Witness Testimony of Nicole Muniz, #2 Defendants' Designated Witness Testimony of Thomas Lehman)(Tompros, Louis)
|
|
Filing 332
ORDER GRANTING UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 79-5.2.2(a) #329 by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
|
|
Filing 331
CERTIFICATE OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Declaration in SupportDeclaration,, #330 served on June 30, 2023. (Ball, Eric)
|
|
Filing 330
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Defendants Designated Witness Testimony of Aronow, Lehman and Muniz under seal #329 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit 1 - Table of Documents to be Sealed, #2 Unredacted Document Defendants' Designated Witness Testimony of Aronow, #3 Unredacted Document Defendants' Designated Witness Testimony of Lehman, #4 Unredacted Document Defendants' Designated Witness Testimony of Muniz)(Ball, Eric)
|
|
Filing 329
APPLICATION to file document Defendants Designated Witness Testimony of Aronow, Lehman and Muniz under seal filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Defendants' Designated Witness Testimony of Aronow, #3 Redacted Document Defendants' Designated Witness Testimony of Lehman, #4 Redacted Document Defendants' Designated Witness Testimony of Muniz)(Ball, Eric)
|
|
Filing 328
Notice of Defendants' Designated Witness Testimony of Thomas Lehman filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 327
Notice of Defendants' Designated Witness Testimony of Kerem Atalay filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 326
Notice of Defendants' Designated Witness Testimony of Greg Solano filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 325
Notice of Defendants' Designated Witness Testimony of Nicole Muniz filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 324
Notice of Defendants' Designated Witness Testimony of Wylie Aronow filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 323
Notice Joint Notice of Plaintiff's Revised Designated Witness Testimony of Ryder Ripps filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 322
Notice Joint Notice of Plaintiff's Revised Designated Witness Testimony of Ryan Hickman filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 321
Notice Joint Notice of Plaintiff's Revised Designated Witness Testimony of Jeremy Cahen filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 320
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Yuga Labs, Inc.. (REVISED) (Attachments: #1 Proposed Order)(Ball, Eric)
|
|
Filing 319
TRANSCRIPT ORDER as to Defendants Jeremy Cahen, Ryder Ripps for Court Reporter. Court will contact Colleen Jackson at Colleen.Jackson@wilmerhale.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tompros, Louis)
|
|
Filing 318
TRANSCRIPT ORDER as to Defendants Jeremy Cahen, Ryder Ripps for Court Reporter. Court will contact Colleen Jackson at Colleen.Jackson@wilmerhale.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tompros, Louis)
|
|
Filing 317
MINUTES OF STATUS CONFERENCE held before Judge John F. Walter. For the reasons stated on the record, the Court vacates the Jury Trial on July 7, 2023 and sets a Court Trial for July 31, 2023 at 8:00 a.m. The hearing on Motions in Limine set for June 23, 2023 is vacated. All other dates and deadlines as stated at the hearing. Court Reporter: Wil Wilcox. (iv)
|
|
Filing 316
RESPONSE filed by Defendants Jeremy Cahen, Ryder Rippsto Notice (Other), #315 (Tompros, Louis)
|
|
Filing 315
Notice of Application to Request Continuation of Trial filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Yuga Labs' Application to Request Continuation of Trial Date, #2 Declaration of Eric Ball in support of Application to Request Continuation of Trial Date, #3 Proposed Order)(Ball, Eric)
|
|
Filing 314
STATEMENT (Joint) Regarding Nature and Scope of Defendants' Proposed Trial Testimony filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #308 . (Tompros, Louis)
|
|
Filing 313
Text Entry Order: In light of Plaintiffs decision to withdraw its claim for false advertising in violation of the Lanham Act (Docket No. #309 ), lead counsel shall meet and confer in person and file, on or before June 19, 2023, a revised Pretrial Conference Order, a revised Joint Set of Proposed Jury Instructions, Joint Memorandum Re Disputed Jury Instructions, and Proposed Verdict Form(s) in accordance with the Courts Scheduling and Case Management Order. In addition, the parties shall e-mail the joint set of proposed jury instructions, joint memorandum of law, and verdict form(s) and/or special interrogatories in WordPerfect or Word format to the Chambers e-mail address (JFW_Chambers@cacd.uscourts.gov) at the time of filing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 312
Joint PRETRIAL STIPULATION regarding Exhibits Second Revised. (Ball, Eric)
|
|
Filing 311
Text Entry Order: The hearing on Motions in Limine Nos. 1 - 6, currently set for June 16, 2023, is continued to June 23, 2023, at 8:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 310
RESPONSE filed by Defendants Jeremy Cahen, Ryder Rippsto Notice (Other) #309 (Tompros, Louis)
|
|
Filing 309
Notice Yuga Labs, Inc.'s Notice Following the Pre-Trial Conference Regarding the Remaining Claims and Issues for Trial filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 308
MINUTE ORDER (IN CHAMBERS): ORDER RE: JOINT STATEMENT by Judge John F. Walter. Counsel shall file a Joint Statement setting forth their agreements and any remaining issues regarding the nature and scope of Defendants' proposed trial testimony on or before June 15, 2023. (lom)
|
|
Filing 307
MINUTES OF PRETRIAL CONFERENCE held before Judge John F. Walter. The parties are ordered to participate in further mediation.The Jury Trial currently set for June 27, 2023 is continued to July 7, 2023 at 8:30 a.m. Court Reporter: Miranda Algorri. (iv)
|
|
Filing 306
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Wylie Aronow filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 305
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Ryder Ripps filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 304
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Ryan Hickman filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 303
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Nicole Muniz filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 302
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Lauren Kindler filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 301
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Laura O'Laughlin filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 300
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Jonah Berger filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 299
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Jeremy Cahen filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 298
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 5 for Greg Solano filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #283 (Tompros, Louis)
|
|
Filing 297
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Wylie Aronow filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 296
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Ryder Ripps filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 295
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Ryan Hickman filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 294
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Patrick Ehrlund filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 293
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Nicole Muniz filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 292
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Lauren Kindler filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 291
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Laura O'Laughlin filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 290
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Jonah Berger filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 289
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Jeremy Cahen filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 288
Mr. Ripps and Mr. Cahen's Offer of Proof as to Topics Relevant to Motion in Limine No. 3 for Greg Solano filed by Defendants Jeremy Cahen, Ryder Ripps re: Minutes of In Chambers Order/Directive - no proceeding held, #282 (Tompros, Louis)
|
|
Filing 287
Notice of Amended Offer of Proof for Lauren Kindler filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball, #2 Exhibit A - JTX-1617, June 6,2023 Cahen Tweet, #3 Exhibit B - JTX-1620 June 6,2023 Cahen Tweet with Ripps Retweet, #4 Exhibit C - JTX-1621 NFTGO BAYC Analytics Page, #5 Exhibit D - JTX-1622 NFTGO BAYC Overview Page, #6 Exhibit E - JTX-1623 NFTGO RR_BAYC Analytics Page, #7 Exhibit F - JTX-1624 NFTGO RR_BAYC Overview Page (short version), #8 Exhibit G - JTX-1625 NFTGO RR_BAYC Overview Page, #9 Exhibit H - JTX-1626 OpenSea BAYC Analytics Page, #10 Exhibit I - Amended Offer of Proof of Lauren Kindler, #11 Exhibit J - Redline of Kinder Offers of Proof, #12 Exhibit K - Supplemental Exhibit to Amended Offer of Proof)(Ball, Eric)
|
|
Filing 286
STATEMENT (Joint) Regarding Yuga Labs, Inc.'s Offer of Proof for Lauren Kindler filed by Defendants Jeremy Cahen, Ryder Ripps re: Miscellaneous Document,, #268 . (Tompros, Louis)
|
|
Filing 285
STATEMENT (Joint) Regarding Yuga Labs, Inc.'s Offer of Proof for Jonah Berger, PH.D. filed by Defendants Jeremy Cahen, Ryder Ripps re: Miscellaneous Document,, #267 . (Tompros, Louis)
|
|
Filing 284
CIVIL TRIAL ORDER by Judge John F. Walter. This matter is set for trial before the Honorable John F. Walter. (iv)
|
|
Filing 283
MINUTE (IN CHAMBERS) ORDER REQUIRING OFFER OF PROOF RE: JOINT MOTION IN LIMINE NO. 5 by Judge John F. Walter. In order to assist the Court in ruling on Joint Motion in Limine No. 5, the Court orders Defendants to file, on or before June 9, 2023, separate offers of proof for each witness who will offer testimony that is relevant to the Court's decision on the Motion. (iv)
|
|
Filing 282
MINUTE (IN CHAMBERS) ORDER REQUIRING OFFER OF PROOF RE: JOINT MOTION IN LIMINE NO. 3 by Judge John F. Walter. In order to assist the Court in ruling on Joint Motion in Limine No. 3, the Court orders Defendants to file, on or before June 9, 2023, separate offers of proof for each witness who will offer testimony that is relevant to the Court's decision on the Motion. (iv)
|
|
Filing 281
MINUTE (IN CHAMBERS) ORDER RE: DISPUTED TRIAL EXHIBITS by Judge John F. Walter. In order to assist the Court in ruling on Motions in Limine Nos. 1 - 6, on or before June 8, 2023, Plaintiffs shall deliver Courtesy Copies of all trial exhibits that remain in dispute in Motions in Limine Nos. 1 - 6. (iv)
|
|
Filing 280
Notice of Appearance or Withdrawal of Counsel: for attorney Molly R Melcher counsel for Plaintiff Yuga Labs, Inc.. Adding Molly R. Melcher as counsel of record for Yuga Labs, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Yuga Labs, Inc.. (Attorney Molly R Melcher added to party Yuga Labs, Inc.(pty:pla))(Melcher, Molly)
|
|
Filing 279
Joint Deposition Designation Index filed by Plaintiff Yuga Labs, Inc. re: Notice (Other) #271 (Attachments: #1 Index of Plaintiff's and Defendants' Deposition Designations)(Ball, Eric)
|
|
Filing 278
JOINT STATEMENT of Issues that Have Been Resolved or that Require a Ruling by the Court re Yuga Labs, Inc.'s Motion in Limine No. 5 MOTION IN LIMINE (#5) to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks] #241 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A - Trial Exhibits at Issue in MIL 5)(Ball, Eric)
|
|
Filing 277
JOINT STATEMENT of Issues that Have Been Resolved or that Require a Ruling by the Court re Yuga Labs, Inc.'s Motion in Limine No. 4 MOTION IN LIMINE (#4) to Exclude Argument that Yuga Labs Harassed Defendants [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants] #240 filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 276
JOINT STATEMENT of Issues that Have Been Resolved or that Require a Ruling by the Court re Yuga Labs, Inc.'s Motion in Limine No. 3 MOTION IN LIMINE (#3) to Exclude Evidence of Alleged Third-Party Use of Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks] #239 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A - Trial Exhibits at Issue in MIL 3)(Ball, Eric)
|
|
Filing 275
JOINT STATEMENT of re Issues that Have Been Resolved or that Require a Ruling by the Court re Yuga Labs, Inc's Motion in Limine No. 2 MOTION IN LIMINE (#2) to Exclude References to Defendants' Purported Artistic Intent [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine to Exclude References to Defendants' Purported Artistic Intent] #236 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A - Trial Exhibits at Issue in MIL 2)(Ball, Eric)
|
|
Filing 274
JOINT STATEMENT of re Issues that Have Been Resolved or that Require a Ruling by the Court re Yuga Labs, Inc.'s Motion in Limine No. 1 MOTION IN LIMINE (#1) to Exclude "Inflammatory Material" [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 1 to Exclude "Inflammatory Material"] #232 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A - Trial Exhibits at Issue in MIL 1)(Ball, Eric)
|
|
Filing 273
Proposed Voir Dire Questions filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 272
STATEMENT Joint Statement of the Case filed by Plaintiff Yuga Labs, Inc. re: Pretrial-Trial Scheduling Order - form only, #57 . (Ball, Eric)
|
|
Filing 271
Notice of Lodging Marked Original Deposition Transcripts filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 270
Proposed Voir Dire Questions filed by Defendants Jeremy Cahen, Ryder Ripps.. (Tompros, Louis)
|
|
Filing 269
STATEMENT (Joint) filed by Defendants Jeremy Cahen, Ryder Ripps re: MOTION IN LIMINE (#6) to Exclude the Testimony of Laura O'Laughlin #242 . (Tompros, Louis)
|
|
Filing 268
PLAINTIFF YUGA LABS, INC.'S OFFER OF PROOF FOR LAUREN KINDLER filed by Plaintiff Yuga Labs, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held #264 (Attachments: #1 Exhibit A.1 - Feb. 6, 2023 Kindler Expert Report (w Appendices), #2 Exhibit A.2 - May 19, 2023 Kindler Supplemental Expert Report, #3 Exhibit B - March 17, 2023 Lauren Kindler Deposition Transcript, #4 Exhibit C - Materials Relied on for Opinion No. 1, #5 Exhibit D - Materials Relied on for Opinion No. 2, #6 Exhibit E - Materials Relied on for Opinion No. 3, #7 Exhibit F - Materials Relied on for Opinion No. 4)(Ball, Eric)
|
|
Filing 267
PLAINTIFF YUGA LABS, INC.'S OFFER OF PROOF FOR JONAH BEGER, PH.D. filed by Plaintiff Yuga Labs, Inc. re: Minutes of In Chambers Order/Directive - no proceeding held #263 (Attachments: #1 Exhibit A.1 - Feb. 6, 2023 Jonah Berger Expert Report, #2 Exhibit A.2 - May 19, 2023 Jonah Berger Supplemental Expert Report, #3 Exhibit B - March 9, 2023 Deposition of Jonah Berger, #4 Exhibit C - Materials Relied on for Opinion No. 1, #5 Exhibit D - Materials Relied on for Opinion No. 2, #6 Exhibit E - Materials Relied on for Opinion No. 3, #7 Exhibit F - Materials Relied on for Opinion No. 4)(Ball, Eric)
|
|
Filing 266
STATEMENT (Joint) filed by Defendants Jeremy Cahen, Ryder Ripps Regarding Yuga Labs's Offer of Proof for Laura O'Laughlin re: Motion Related Document,, #265 . (Tompros, Louis)
|
|
Filing 265
PLAINTIFF YUGA LABS, INC.'S OFFER OF PROOF FOR LAURA O'LAUGHLIN re MOTION IN LIMINE (#6) to Exclude the Testimony of Laura O'Laughlin #242 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A.1 - Feb. 6, 2023 Expert Report of Laura O'Laughlin, #2 Exhibit A.2 - May 19, 2023 Supplemental Expert Report of Laura O'Laughlin, #3 Exhibit B - March 22, 2023 Deposition Transcript of Laura O'Laughlin, #4 Exhibit C - Materials Relied on for Opinion No. 1, #5 Exhibit D - Materials Relied on for Opinion No. 2, #6 Exhibit E - Materials Relied on for Opinion No. 3)(Ball, Eric)
|
|
Filing 264
MINUTES (IN CHAMBERS) ORDER REQUIRING OFFER OF PROOF AND JOINT STATEMENT FOR PLAINTIFF'S EXPERT LAUREN KINDLER by Judge John F. Walter. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
|
|
Filing 263
MINUTES (IN CHAMBERS) ORDER REQUIRING OFFER OF PROOF AND JOINT STATEMENT FOR PLAINTIFF'S EXPERT JONAH BERGER by Judge John F. Walter. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
|
|
Filing 262
STATEMENT in Response to Yuga's Objections in Revised Pre-Trial Exhibit Stipulation filed by Defendants Jeremy Cahen, Ryder Ripps re: Statement #261 . (Tompros, Louis)
|
|
Filing 261
STATEMENT Joint Statement re Objections in Revised Pre-Trial Exhibit Stipulation filed by Plaintiff Yuga Labs, Inc. re: Stipulation re: Exhibits Pretrial Trial #258 . (Ball, Eric)
|
|
Filing 260
MINUTE (IN CHAMBERS) ORDER REQUIRING OFFER OF PROOF AND JOINT STATEMENT FOR PLAINTIFF'S EXPERT LAURA O'LAUGHLIN by Judge John F. Walter. In order to assist the Court in ruling on Motion in Limine No. 6, the Court orders Plaintiff to file, on or before June 2, 2023: (1) an offer of proof containing the opinion or opinions which counsel expects to elicit from Laura OLaughlin; (2) her report; and (3) her deposition transcript (a single-sided, mini-script copy). (iv)
|
|
Filing 259
MINUTE (IN CHAMBERS) ORDER RE: MOTION IN LIMINE NOS. 1 - 6 [filed 5/25/23; Docket Nos. #232 , #236 , #239 , #240 , #241 , and #242 ] by Judge John F. Walter. On or before June 2, 2023, lead counsel shall meet in person and attempt to resolve or narrow the issues raised in Motion in Limine Nos. 1 - 6. Thereafter, the parties shall file on or before June 6, 2023, a separate Joint Statement for each Motion in Limine advising the Court of the issues that have been resolved and their respective positions as to those issues that will require a ruling by the Court. (iv)
|
|
Filing 258
Joint PRETRIAL STIPULATION regarding Exhibits REVISED. (Ball, Eric)
|
|
Filing 257
Revised Joint Exhibit List filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 256
MINUTE (IN CHAMBERS) ORDER RE: PRE-TRIAL EXHIBIT STIPULATION AND JOINT EXHIBIT LIST by Judge John F. Walter. The Pre-Trial Exhibit Stipulation and the Joint Exhibit List, filed on May 25, 2023 #251 #252 , are STRICKEN for failure to adequately describe each trial exhibit. After the conference, counsel shall, on or before June 1, 2023, file a joint statement, advising the Court that all of the objections have been resolved. (iv)
|
|
Filing 255
TEXT ONLY ENTRY by Judge John F. Walter: The Court has not received Courtesy Copies of Plaintiff's Pre-Trial Documents filed on May 25, 2023, as required by the Court's Standing Order and Scheduling and Case Management Order. Counsel shall deliver Courtesy Copies by 2:00 p.m., on May 26, 2023, or the Pretrial Documents will be stricken and the Trial date will be vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
|
|
Filing 254
NOTICE OF LODGING filed [Exhibit 1 to Motions in Limine Nos. 1, 2, 3, 4, and 5] re MOTION IN LIMINE (#5) to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks] #241 , MOTION IN LIMINE (#1) to Exclude "Inflammatory Material" [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 1 to Exclude "Inflammatory Material"] #232 , MOTION IN LIMINE (#3) to Exclude Evidence of Alleged Third-Party Use of Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks] #239 , MOTION IN LIMINE (#4) to Exclude Argument that Yuga Labs Harassed Defendants [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants] #240 , MOTION IN LIMINE (#2) to Exclude References to Defendants' Purported Artistic Intent [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine to Exclude References to Defendants' Purported Artistic Intent] #236 (Culp Cloyd, Kimberly)
|
|
Filing 253
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A - Proposed Statement re SJ Findings)(Ball, Eric)
|
|
Filing 252
**STRICKEN** Joint Exhibit List filed by Plaintiff Yuga Labs, Inc... (Ball, Eric) Modified on 5/26/2023 Per #256 (iv).
|
|
Filing 251
**STRICKEN** Joint PRETRIAL STIPULATION regarding Exhibits . (Ball, Eric) Modified on 5/26/2023 Per #256 (iv).
|
|
Filing 250
Real-Time Reporting Requirement filed by Defendants Jeremy Cahen, Ryder Ripps (Tompros, Louis)
|
|
Filing 249
Witness List filed by Defendants Jeremy Cahen, Ryder Ripps.. (Tompros, Louis)
|
|
Filing 248
DECLARATION of Louis W. Tompros in opposition to MOTION IN LIMINE (#5) to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks] #241 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1: BAYC Terms & Conditions, #2 Exhibit 2: HALF BAYCD Advertisement, #3 Exhibit 3: Bored Coffee Product, #4 Exhibit 4: Bored & Hungry Sales Webpage, #5 Exhibit 5: BAYC Notebook, #6 Exhibit 6: Compilation of Third-Party Use)(Tompros, Louis)
|
|
Filing 247
DECLARATION of Louis W. Tompros in opposition to MOTION IN LIMINE (#4) to Exclude Argument that Yuga Labs Harassed Defendants [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants] #240 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1: Excerpts from Muniz Deposition, #2 Exhibit 2: Excerpts from Ehrlund Deposition, #3 Exhibit 3: Etherscan Page for BAYC Marks, #4 Exhibit 4: Etherscan Page for BORED APE Marks)(Tompros, Louis)
|
|
Filing 246
DECLARATION of Louis W. Tompros in opposition to MOTION IN LIMINE (#3) to Exclude Evidence of Alleged Third-Party Use of Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks] #239 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1: HALF BAYCD Advertisement, #2 Exhibit 2: Bored Coffee Product, #3 Exhibit 3: Bored & Hungry Sales Webpage, #4 Exhibit 4: BAYC Notebook, #5 Exhibit 5: Compilation of Third-Party Use, #6 Exhibit 6: Excerpts from Aronow Deposition, #7 Exhibit 7: Excerpts from Ehrlund Deposition)(Tompros, Louis)
|
|
Filing 245
DECLARATION of Louis W. Tompros in opposition to MOTION IN LIMINE (#2) to Exclude References to Defendants' Purported Artistic Intent [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine to Exclude References to Defendants' Purported Artistic Intent] #236 filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 244
DECLARATION of Louis W. Tompros in opposition to MOTION IN LIMINE (#1) to Exclude "Inflammatory Material" [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 1 to Exclude "Inflammatory Material"] #232 filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 243
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 242
NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude the Testimony of Laura O'Laughlin filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 Declaration of Louis W. Tompros in Support)(Tompros, Louis)
|
|
Filing 241
NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks] filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 [Proposed] Order Granting Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks, #2 Declaration of Kimberly Culp in Support of Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 5 to Exclude Evidence that the BAYC Terms Devalued the BAYC Marks, #3 Exhibit 1 - Slipsheet, #4 Exhibit 2 - Defendants' May 3, 2023 witness summaries, #5 Exhibit 3 - Excerpt of Nicole Muniz deposition transcript, #6 Exhibit 4 - Exh. 231 from Nicole Muniz deposition)(Culp Cloyd, Kimberly)
|
|
Filing 240
NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Argument that Yuga Labs Harassed Defendants [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants] filed by Plantiff Yuga Labs, Inc.. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 [Proposed] Order Granting Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants, #2 Declaration of Kimberly Culp in Support of Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 4 to Exclude Argument that Yuga Labs Harassed Defendants, #3 Exhibit 1 - Slipsheet, #4 Exhibit 2 - Defendants' May 3, 2023 witness summaries, #5 Exhibit 3 - Excerpts from Jeremy Cahen deposition transcript, #6 Exhibit 4 - Excerpts from Ryder Ripps deposition transcript, #7 Exhibit 5 - Excerpts from Ian Garner deposition transcript, #8 Exhibit 6 - Excerpts from Ryan Hickman deposition transcript)(Culp Cloyd, Kimberly)
|
|
Filing 239
NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence of Alleged Third-Party Use of Marks [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks] filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 [Proposed] Order Granting Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks, #2 Declaration of Kimberly Culp in Support of Yuga Labs, Inc.'s Motion in Limine No. 3 to Exclude Evidence of Alleged Third-Party Use of Marks, #3 Exhibit 1 - Slipsheet, #4 Exhibit 2 - Defendants' May 3, 2023 witness summaries)(Culp Cloyd, Kimberly)
|
|
Filing 238
STATUS REPORT re Settlement (Joint) filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 237
Witness List filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 236
NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude References to Defendants' Purported Artistic Intent [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine to Exclude References to Defendants' Purported Artistic Intent] filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 [Proposed] Order Granting Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 2 to Exclude References to Defendants' Purported Artistic Intent, #2 Declaration of Kimberly Culp in Support of Yuga Labs, Inc.'s Motion in Limine No. 2 to Exclude References to Defendants' Purported Artistic Intent, #3 Exhibit 1 - Slipsheet, #4 Exhibit 2 - Defendants' May 3, 2023 witness summaries, #5 Exhibit 3 - Excerpts from Ryder Ripps deposition transcript, #6 Exhibit 4 - Text exchange between Defendants, #7 Exhibit 5 - Excerpts from Jeremy Cahen deposition transcript, #8 Exhibit 6 - Excerpts from Ryan Hickman deposition transcript, #9 Exhibit 7 - Redacted excerpts from Greg Solano deposition transcript, #10 Exhibit 8 - Redacted excerpts from Nicole Muniz deposition transcript, #11 Exhibit 9 - Excerpt from Defendants' objections to Yuga Labs' proposed jury instructions, #12 Exhibit 10 - Excerpt from Defendants' revisions to the joint proposed jury instructions)(Culp Cloyd, Kimberly)
|
|
Filing 235
JOINT WITNESS TESTIMONY SUMMARIES filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 234
STATEMENT Real-Time Reporting Document filed by Plaintiff Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 233
Joint Memorandum Regarding the Parties' Proposed Verdict Forms filed by Plaintiff Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 232
NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude "Inflammatory Material" [Joint Briefing for Yuga Labs, Inc.'s Motion in Limine No. 1 to Exclude "Inflammatory Material"] filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 6/16/2023 at 08:00 AM before Judge John F. Walter. (Attachments: #1 [Proposed] Order Granting Plaintiff Yuga Labs, Inc.'s Motion in Limine No. 1 to Preclude "Inflammatory Material", #2 Declaration of Kimberly Culp in Support of Yuga Labs, Inc.'s Motion in Limine No. 1 to Exclude Inflammatory Material, #3 Exhibit 1 - Slipsheet, #4 Exhibit 2 - Defendants' May 3, 2023 witness summaries, #5 Exhibit 3 - Excerpts from Wylie Aronow deposition transcript, #6 Exhibit 4 - Excerpts from Gregory Solano deposition transcript, #7 Exhibit 5 - Excerpts from Nicole Muniz deposition transcript, #8 Exhibit 6 - Excerpts from Jeremy Cahen deposition transcript, #9 Exhibit 7 - Excerpts from Ryder Ripps deposition transcript, #10 Exhibit 8 - Minutes of Order re Motions in Limine (MGA Ent. v. Harris), #11 Exhibit 9 - Memorandum in Support of Oral Motion for Mistrial (MGA Ent. v. Harris), #12 Exhibit 10 - Minutes of Order Granting Motion for Mistrial (MGA Ent. v. Harris))(Culp Cloyd, Kimberly)
|
|
Filing 231
BRIEF filed by Plaintiff Yuga Labs, Inc.. Joint Memorandum Regarding Disputed Jury Instructions regarding Jury Instructions (Proposed) #230 . (Ball, Eric)
|
|
Filing 230
PROPOSED JURY INSTRUCTIONS (Annotated Joint Set set) filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 229
NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Yuga Labs, Inc.. (Attachments: #1 Proposed Order Pretrial Conference Order)(Ball, Eric)
|
|
Filing 228
MINUTES (IN CHAMBERS) ORDER DENYING AS MOOT PLAINTIFF YUGA LABS, INC.'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS [filed 3/31/23; Docket No. #182 ] by Judge John F. Walter. Yuga's Motion for an Award of Attorneys' Fees and Costs is DENIED as moot. (iv)
|
|
Filing 227
STATEMENT Joint Statement in Response to Court's Order re Motion for an Award of Attorneys' Fees filed by Plaintiff Yuga Labs, Inc. re: Order on Motion for Attorney Fees,, #226 . (Ball, Eric)
|
|
Filing 226
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF YUGA LABS, INC.'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS [filed 3/31/23; Docket No. #182 ] by Judge John F. Walter. On or before May 15, 2023, lead counsel for the parties shall meet and confer in personand shall specifically identify all hours, billing rates and costs, or other items that will and will notbe objected to, the basis of any objections, and the specific hours, billing rates and costs that in the parties respective views are reasonable and should be compensated. (iv)
|
|
Filing 225
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF YUGA LABS, INC.'S MOTION FOR SUMMARY JUDGMENT [filed 3/15/23; Docket No. #149 ] by Judge John F. Walter. Yuga's Motion is GRANTED in part and DENIED in part. (iv)
|
|
Filing 224
NOTICE OF LODGING filed of (Proposed) Statement of Decision Granting Plaintiff Yuga Labs, Inc.'s Motion for an Award of Attorneys' Fees and Costs re NOTICE OF MOTION AND MOTION for Attorney Fees and Costs; And Memorandum of Points and Authorities in Support Thereof #182 (Attachments: #1 (Proposed) Statement of Decision)(Sillers, David)
|
|
Filing 223
NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Attorney Fees and Costs; And Memorandum of Points and Authorities in Support Thereof #182 (Attachments: #1 Proposed Statement of Decision)(Tompros, Louis)
|
|
Filing 222
DECLARATION of Ryder Ripps re Minutes of In Chambers Order/Directive - no proceeding held,, #219 filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 221
DECLARATION of Jeremy Cahen re Minutes of In Chambers Order/Directive - no proceeding held,, #219 filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 220
REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Costs; And Memorandum of Points and Authorities in Support Thereof #182 Plaintiff Yuga Labs, Inc.'s Reply Memorandum in support of Its Motion for an Award of Attorneys' Fees and Costs filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration (Supplemental) of Megan L. Meier, #2 Exhibit 1 - Prebill Invoice No. 27253, #3 Declaration (Supplemental) of Eric Ball, #4 Exhibit A - WilmerHale Invoice of April 10, 2023)(Sillers, David)
|
|
Filing 219
MINUTE ORDER RE COURTS MARCH 14, 2023 ORDER (Dkt. #145 ) by Magistrate Judge John E. McDermott: Defendants, however, have not satisfactorily addressed Yuga's contention that there are messages between Defendants on Twitter that have been deleted but not produced. Defendants must produce any such Twitter messages and submit declarations under oath that there are no such messages or they have been produced. Defendants must file their declarations within 7 days of this Order. (See document for further details). (et)
|
|
Filing 218
MINUTES (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION PLAINTIFF YUGA LABS, INC.'S MOTION FOR SUMMARY JUDGMENT [filed 3/15/23; Docket No. 149] by Judge John F. Walter. The hearing calendared for April 17, 2023 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (lom)
|
|
Filing 217
SEALED DOCUMENT (Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Ex Parte Application for Leave to File a Sur-Reply And Exhibit 1 to the Declaration of Eric Ball) re MEMORANDUM in Opposition to Motion,, #210 , Order on Motion for Leave to File Document Under Seal, #213 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document (Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Ex Parte Application for Leave to File a Sur-Reply), #2 Unredacted Document (Exhibit 1 to the Declaration of Eric Ball - Excerpts of Thomas Lehman Depo Transcript))(Ball, Eric)
|
|
Filing 216
SEALED DOCUMENT Defendants' Ex Parte Application for Leave to File a Sur-Reply re Order on Motion for Leave to File Document Under Seal, #214 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 1 - Correspondence between Defendants and Yuga Labs, #2 Exhibit 2 - Defendants' Sur-Reply, #3 Exhibit 3 - Excerpts from the Deposition Testimony of Thomas Lehman)(Gosma, Derek)
|
|
Filing 215
MINUTES (IN CHAMBERS): ORDER DENYING DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO SUMMARY JUDGMENT [filed 4/7/23; Docket No. 207] by Judge John F. Walter. (lom)
|
|
Filing 214
ORDER GRANTING APPLICATION TO SEAL #205 by Judge John F. Walter. IT IS HEREBY ORDERED THAT Defendants' Application is GRANTED. (1) Defendants' ex parte application for leave to file a sur-reply, (2) Defendants' sur-reply, and (3) excerpts from the deposition testimony of Thomas Lehman shall be filed under sealed. See order for details. (lom)
|
|
Filing 213
ORDER GRANTING PLAINTIFF YUGA LABS, INC.'S APPLICATION TO FILE OPPOSITION AND BALL DECLARATION EXHIBIT 1 UNDER SEAL #208 by Judge John F. Walter: Exhibit 1 to Declaration of Eric Ball - granted; Yuga Labs' Opposition to Defendants' Ex Parte Application for Leave to File Sur-Reply - Deposition Excerpts on Pages 1, 2, 3, 5, 7, 8, and 9 are granted. (lom)
|
|
Filing 212
OPPOSITION re: NOTICE OF MOTION AND MOTION for Attorney Fees and Costs; And Memorandum of Points and Authorities in Support Thereof #182 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support of Defendants' Opposition to Yuga's Motion for Attorneys' Fees, #2 Exhibit 1 - Excerpts of Real Rate Report, #3 Exhibit 2 - Highlighted Clare Locke Invoice Showing Vague Entries, #4 Exhibit 3 - Highlighted Clare Locke Invoice Showing Duplicative Work, #5 Exhibit 4 - Highlighted Clare Locke Invoice Showing Irrelevant Work, #6 Exhibit 5 - Highlighted Clare Locke Invoice Showing Block Billed Entries, #7 Exhibit 6 - Highlighted Clare Locke Invoice Showing Clerical Tasks, #8 Exhibit 7 - Summary of Itemized Deductions)(Gosma, Derek)
|
|
Filing 211
PROOF OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Declaration in SupportDeclaration, #209 served on April 8, 2023. (Ball, Eric)
|
|
Filing 210
MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave to file Sur-Reply in Opposition to Summary Judgment #207 (Redacted Version) filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of Eric Ball in Support of Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Ex Parte Application fort Leave to File a Sur-Reply, #3 Exhibit 1 - Excerpts of Thomas Lehman Deposition Transcript (Filed Under Seal), #4 Exhibit 2 - Consent Judgment)(Ball, Eric)
|
|
Filing 209
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Opposition and Ball Declaration Exhibit 1) under seal #208 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document (Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Ex Parte Application for Leave to File a Sur-Reply), #2 Unredacted Document (Exhibit 1 to the Declaration of Eric Ball - Excerpts of Thomas Lehman Depo Transcript))(Ball, Eric)
|
|
Filing 208
APPLICATION to file document (Opposition and Ball Declaration Exhibit 1) under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document (Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Ex Parte Application for Leave to File a Sur-Reply))(Ball, Eric)
|
|
Filing 207
EX PARTE APPLICATION for Leave to file Sur-Reply in Opposition to Summary Judgment filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - Correspondence between Defendants and Yuga Labs, #3 Exhibit 2 - Defendants' Sur-Reply, #4 Exhibit 3 - Excerpts from the Deposition Testimony of Thomas Lehman, #5 Proposed Order) (Gosma, Derek)
|
|
Filing 206
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document under seal #205 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Defendants' Ex Parte Application for Leave to File Sur-Reply in Opposition to Summary Judgment, #2 Unredacted Document - Exhibit 1 - Correspondence between Defendants and Yuga Labs, #3 Unredacted Document - Exhibit 2 - Defendants' Sur-Reply, #4 Unredacted Document - Exhibit 3 - Excerpts from the Deposition Testimony of Thomas Lehman, #5 Certificate of Service)(Gosma, Derek)
|
|
Filing 205
EX PARTE APPLICATION to file document under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Defendants' Ex Parte Application for Leave to File Sur-Reply in Opposition to Summary Judgment, #3 Redacted Document - Exhibit 1 - Correspondence between Defendants and Yuga Labs, #4 Redacted Document - Exhibit 2 - Defendants' Sur-Reply, #5 Redacted Document - Exhibit 3 - Excerpts from the Deposition Testimony of Thomas Lehman)(Gosma, Derek)
|
|
Filing 204
CERTIFICATE OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Document,, #203 served on April 6, 2023. (Ball, Eric)
|
|
Filing 203
SEALED DOCUMENT Combined Statement of Facts re Yuga Labs, Inc.'s Motion for Summary Judgment, Exhibits 245, 246, 249, 250, and 251 re Reply (Motion related), #193 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 , Order on Motion for Leave to File Document Under Seal #202 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Exhibit 245 - Muniz Deposition Excerpts, #2 Exhibit 246 - Aronow Deposition Excerpts, #3 Exhibit 249 - Oseary Deposition Excerpts, #4 Exhibit 250 - Solano Deposition Excerpts, #5 Exhibit 251 - Atalay Deposition Excerpts)(Ball, Eric)
|
|
Filing 202
ORDER GRANTING YUGA LABS, INC.'S UNOPPOSED APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 79- 5.2.2(a) #191 by Judge John F. Walter. The Application is GRANTED. (iv)
|
|
Filing 201
NOTICE OF LODGING filed of (Proposed) Statement of Decision Granting Plaintiff's Motion for Summary Judgment re NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 (Attachments: #1 (Proposed) Statement of Decision)(Ball, Eric)
|
|
Filing 200
RESPONSE filed by Defendants Jeremy Cahen, Ryder Rippsto Status Report, #198 (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - Excerpts from Mr. Ripps Testimony, #3 Exhibit 2 - Ryder Ripps Declaration, #4 Exhibit 3 - Jeremy Cahen Declaration)(Gosma, Derek)
|
|
Filing 199
NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 (Attachments: #1 Proposed Statement of Decision)(Gosma, Derek)
|
|
Filing 198
STATUS REPORT (Pursuant to March 14, 2023 Court Order at Dkt. 145) filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Ethan Thomas in Support of Yuga Labs, Inc.'s Status Report, #2 Exhibit 1 - March 22, 2023 Letter to Defendants, #3 Exhibit 2 - March 24, 2023 Letter from Counsel for Defendants, #4 Exhibit 3 - Compilation of tweets, #5 Exhibit 4 - Twitter thread)(Thomas, Ethan)
|
|
Filing 197
OPPOSITION (Public Versions of Documents Filed Pursuant to Order #194 ) re: NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Redacted Document - Statement of Genuine Disputes of Material Fact, #2 Redacted Document - Exhibit 245 - Muniz Deposition Excerpts, #3 Redacted Document - Exhibit 246 - Aronow Deposition Excerpts, #4 Redacted Document - Exhibit 249 - Oseary Deposition Excerpts, #5 Redacted Document - Exhibit 250 - Solano Deposition Excerpts, #6 Redacted Document - Exhibit 251 - Atalay Deposition Excerpts)(Gosma, Derek)
|
|
Filing 196
SEALED DOCUMENT Regarding Summary Judgment Filings re Order #194 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Statement of Genuine Disputes of Material Fact, #2 Exhibit 245 - Muniz Deposition Excerpts, #3 Exhibit 246 - Aronow Deposition Excerpts, #4 Exhibit 249 - Oseary Deposition Excerpts, #5 Exhibit 250 - Solano Deposition Excerpts, #6 Exhibit 251 - Atalay Deposition Excerpts)(Gosma, Derek)
|
|
Filing 195
CERTIFICATE OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Declaration in SupportDeclaration,, #192 served on April 3, 2023. (Ball, Eric)
|
|
Filing 194
ORDER REGARDING SEALING OF SUMMARY JUDGMENT FILINGS #174 by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
|
|
Filing 193
REPLY In Support Of NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Plaintiff Yuga Labs, Inc.'s Memorandum of Evidentiary Objections, #2 Combined Statement of Facts re Yuga Labs, Inc.'s Motion for Summary Judgment (Redacted))(Culp Cloyd, Kimberly)
|
|
Filing 192
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Combined Statement of Facts, Exhibits 245, 246, 249, 250, and 251 under seal #191 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Exhibit 1 - Table of Documents to be Sealed, #2 Unredacted Document Combined Statement of Facts, #3 Unredacted Document Exhibit 245 - Muniz Deposition Excerpts, #4 Unredacted Document Exhibit 246 - Aronow Deposition Excerpts, #5 Unredacted Document Exhibit 249 - Oseary Deposition Excerpts, #6 Unredacted Document Exhibit 250 - Solano Deposition Excerpts, #7 Unredacted Document Exhibit 251 - Atalay Deposition Excerpts)(Ball, Eric)
|
|
Filing 191
APPLICATION to file document Combined Statement of Facts, Exhibits 245, 246, 249, 250, and 251 under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document Combined Statement of Facts, #3 Redacted Document Exhibit 245 - Muniz Deposition Excerpts, #4 Redacted Document Exhibit 246 - Aronow Deposition Excerpts, #5 Redacted Document Exhibit 249 - Oseary Deposition Excerpts, #6 Redacted Document Exhibit 250 - Solano Deposition Excerpts, #7 Redacted Document Exhibit 251 - Atalay Deposition Excerpts)(Ball, Eric)
|
|
Filing 190
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 6] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 176 - Bored Ape Express Card, #2 Exhibit 177 - Bored Ape Wear, #3 Exhibit 178 - Bored Ape T-shirt, #4 Exhibit 179 - Bored & Hungry Restaurant, #5 Exhibit 180 - Apewater, #6 Exhibit 181 - Bored Ape Blueberry, #7 Exhibit 182 - North Pier IPA, #8 Exhibit 183 - Cranky Ranky IPA, #9 Exhibit 184 - RRBAYC Website, #10 Exhibit 185 - RRBAYC Disclaimer, #11 Exhibit 186 - RRBAYC Foundation Page, #12 Exhibit 187 - Foundation Email Regarding Takedown, #13 Exhibit 188 - Foundation DMCA Notice, #14 Exhibit 189 - Foundation DMCA Takedown, #15 Exhibit 190 - Appdetex Email, #16 Exhibit 191 - Appdetex Letter of Authorization, #17 Exhibit 192 - BAYC Terms & Conditions, #18 Exhibit 193 - BAYC Foundation Page, #19 Exhibit 194 - BAYC First Day Foundation, #20 Exhibit 195 - Etherscan BAYC 3721, #21 Exhibit 196 - Etherscan RRBAYC 193, #22 Exhibit 197 - Ripps December 31 Tweet, #23 Exhibit 198 - Ripps May 24 Tweet, #24 Exhibit 199 - Ripps Conceptual Art Tweet, #25 Exhibit 200 - Ripps May 20 Tweet, #26 Exhibit 201 - Ripps May 15 Tweet, #27 Exhibit 202 - Ripps July 12 Tweet, #28 Exhibit 203 - Ripps Disclaimer Tweet 1, #29 Exhibit 204 - Ripps Disclaimer Tweet 2, #30 Exhibit 205 - Ripps Disclaimer Tweet 3, #31 Exhibit 206 - Ripps Disclaimer Tweet 4, #32 Exhibit 207 - Ripps Disclaimer Tweet 5, #33 Exhibit 208 - Ripps Disclaimer Tweet 6, #34 Exhibit 209 - Ripps Disclaimer Tweet 7, #35 Exhibit 210 - BAKC Tweet, #36 Exhibit 211 - GemBot Tweet 1, #37 Exhibit 212 - GemBot Tweet 2, #38 Exhibit 213 - GemBot Tweet 3, #39 Exhibit 214 - GemBot Tweet 4, #40 Exhibit 215 - GemBot Tweet 5, #41 Exhibit 216 - Cline Tweet Profile Picture, #42 Exhibit 217 - Cline Tweet Thanks Ryder, #43 Exhibit 218 - Streeto Direct Message, #44 Exhibit 219 - Streeto Tweet Meme, #45 Exhibit 220 - Streeto Tweet DMCA, #46 Exhibit 221 - Streeto Tweet RRBAYC Joke, #47 Exhibit 222 - johnny0x Tweet Future Blockchain, #48 Exhibit 223 - johnny0x Tweet RRBAYC, #49 Exhibit 224 - johnny0x Tweet Stirring Pot, #50 Exhibit 225 - XRPwh4le Tweet, #51 Exhibit 226 - Plasticaverns Tweet, #52 Exhibit 227 - Solano Tweet Regarding BAKC, #53 Exhibit 228 - Yuga Tweet Regarding Litigation, #54 Exhibit 229 - BAYC Tweet May 1, 2021, #55 Exhibit 230 - BAYC Tweet June 18, 2021, #56 Exhibit 231 - BAYC Tweet June 21, 2021, #57 Exhibit 232 - BAYC Tweet August 27, 2021, #58 Exhibit 233 - BAYC Tweet August 28, 2021, #59 Exhibit 234 - BAYC Tweet March 16, 2022, #60 Exhibit 235 - BAYC Tweet April 30, 2022, #61 Exhibit 236 - BAYC Tweet May 19, 2022, #62 Exhibit 237 - Foundation Tweet Regarding Minting, #63 Exhibit 238 - Muniz WebSummit Video, #64 Exhibit 239 - Snoop Dogg Tweet, #65 Exhibit 240 - Discord Group Chat, #66 Exhibit 241 - Bored Coffee, #67 Exhibit 242 - GordonGoner Website, #68 Exhibit 243 - Solano Tweet Supply, #69 Exhibit 244 - BAYC Website, #70 Exhibit 245 - Muniz Deposition Excerpts, #71 Exhibit 246 - Aronow Deposition Excerpts, #72 Exhibit 247 -Ripps Deposition Excerpts, #73 Exhibit 248 -Cahen Deposition Excerpts, #74 Exhibit 249 -Oseary Deposition Excerpts, #75 Exhibit 250 - Solano Deposition Excerpts, #76 Exhibit 251 - Atalay Deposition Excerpts, #77 Exhibit 252 - OLaughlin Deposition Excerpts, #78 Exhibit 253 - Kindler Deposition Excerpts, #79 Exhibit 254 - Admission from RFA 57, #80 Exhibit 255 - Berger Deposition Excerpts)(Culp Cloyd, Kimberly)
|
|
Filing 189
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 5] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 141 - Forbes Article, #2 Exhibit 142 - ApeCoin Webpage, #3 Exhibit 143 - All Apes Webpage, #4 Exhibit 144 - Pixel Apes Opensea Page, #5 Exhibit 145 - ApeCoin Transaction, #6 Exhibit 146 - ApeCoin OpenSea Page, #7 Exhibit 147 - ApeCoin Price, #8 Exhibit 148 - Pitchbook for Sound Ventures, #9 Exhibit 149 - Pitchbook for BAYC, #10 Exhibit 150 - Pitchbook for Moonpay, #11 Exhibit 151 - Bored Ape Tron Club, #12 Exhibit 152 - Grandpa Ape Country Club, #13 Exhibit 153 - Bored ape yacht clubs, #14 Exhibit 154 - Bored Ape Slave, #15 Exhibit 155 - Bored Ape Solana Club, #16 Exhibit 156 - SslUdGmuLw Collection, #17 Exhibit 157 - I6O0QyVjmt Collection, #18 Exhibit 158 - I6O0QyVjmt Ape 2170, #19 Exhibit 159 - Bored Yacht Ape Club, #20 Exhibit 160 - Bored Ape Cousins, #21 Exhibit 161 - Untitled Collection 124763295, #22 Exhibit 162 - Boredapes Yacht Club, #23 Exhibit 163 - Untitled Collection 194427640, #24 Exhibit 164 - Untitled Collection 204722463, #25 Exhibit 165 - Untitled Collection 246284442, #26 Exhibit 166 - TradeCenter Collection, #27 Exhibit 167 - TradeCenter Ape 12, #28 Exhibit 168 - Untitled Collection 124763295, #29 Exhibit 169 - MineablePunk Collection, #30 Exhibit 170 - MineablePunk Ape 7591, #31 Exhibit 171 - MineablePunk Ape 12571, #32 Exhibit 172 - Bored Ape Violet Collection, #33 Exhibit 173 - World Cup BAYC Collection, #34 Exhibit 174 - Dilution Image, #35 Exhibit 175 - Wake & BAYC)(Culp Cloyd, Kimberly)
|
|
Filing 188
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 4] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 111 - Trademark Application 90739977, #2 Exhibit 112 - Trademark Application 90739987, #3 Exhibit 113 - Trademark Application 90739994, #4 Exhibit 114 - Trademark Application 90837138, #5 Exhibit 115 - Trademark Application 90903954, #6 Exhibit 116 - Trademark Application 97132870, #7 Exhibit 117 -Trademark Application 97132874, #8 Exhibit 118 - Trademark Application 97132877, #9 Exhibit 119 - Trademark Application 97132880, #10 Exhibit 120 - Trademark Application 97313551, #11 Exhibit 121 - Lallement Protonmail Email, #12 Exhibit 122 - Jindo Protonmail Email, #13 Exhibit 123 - Ape 19 Protonmail Email, #14 Exhibit 124 - Washington Protonmail Email, #15 Exhibit 125 - Tenneti Protonmail Email, #16 Exhibit 126 - Lopez Protonmail Email, #17 Exhibit 127 - Biermann Protonmail Email, #18 Exhibit 128 - Hefte Protonmail Email, #19 Exhibit 129 - Andriske Protonmail Email, #20 Exhibit 130 - Masini Protonmail Email, #21 Exhibit 131 - Attar Protonmail Email, #22 Exhibit 132 - Bailey Protonmail Email, #23 Exhibit 133 - Michael Protonmail Email, #24 Exhibit 134 - Stringle Protonmail Email, #25 Exhibit 135 - Winterstein Protonmail Email, #26 Exhibit 136 - TodayNFTNews Article, #27 Exhibit 137 - CoinTelegraph Article, #28 Exhibit 138 - ArtNews Article, #29 Exhibit 139 - Bloomberg Article, #30 Exhibit 140 - Decrypt Article)(Culp Cloyd, Kimberly)
|
|
Filing 187
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 3] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 81 - June 2, 2022 Twitter post by Ape Market Account, #2 Exhibit 82 - Apemarket.com Webpage, #3 Exhibit 83 - October 5, 2022 Twitter post by Yuga Labs, #4 Exhibit 84 - April 23, 2022 Yuga Labs retweet, #5 Exhibit 85 - Bloomberg Crypto News Segment, #6 Exhibit 86 - June 21, 2022 Discord message, #7 Exhibit 87 - June 22, 2022 Twitter post by enjoyoor, #8 Exhibit 88 - August 31, 2022 Twitter post by Smart_NFT_News, #9 Exhibit 89 - July 8, 2022 Twitter post by 0xGem, #10 Exhibit 90 - July 8, 2022 Twitter post by apeuniverse_eth, #11 Exhibit 91 - July 8, 2022 Twitter post by NFTBuffet, #12 Exhibit 92 - July 8, 2022 Twitter post by phunk2243, #13 Exhibit 93 - October 21, 2022 Twitter post by Tom22110616, #14 Exhibit 94 - May 19, 2022 Twitter post by Cryptoverse520, #15 Exhibit 95 - May 16, 2022 Twitter post by Joey_tartz, #16 Exhibit 96 - June 21, 2022 Twitter post by streetoshi, #17 Exhibit 97 - June 22, 2022 Twitter post by johnny0x, #18 Exhibit 98 - Twitter thread of Cahen and SachDana, #19 Exhibit 99 - May 27, 2022 Twitter post by Ripps, #20 Exhibit 100 - rrbayc.com Disclaimer, #21 Exhibit 101 - June 2, 2022 Twitter post by Ape Market Account, #22 Exhibit 102 - Ape Market image, #23 Exhibit 103 - May 18, 2022 Twitter post by Ripps, #24 Exhibit 104 - May 23, 2022 Twitter post by Ripps, #25 Exhibit 105 - Expert Report of Laura O'Laughlin, #26 Exhibit 106 - Expert Report of Jonah Berger, #27 Exhibit 107 - Expert Report of Lauren Kindler, #28 Exhibit 108 - Real v. Yuga Complaint, #29 Exhibit 109 - Notice of Abandonment 97106855, #30 Exhibit 110 - Record of Abandonment 97106855)(Culp Cloyd, Kimberly)
|
|
Filing 186
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 2] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 41 - Excerpts of Greg Solano Depo, #2 Exhibit 42 - Excerpts of Nicole Muniz Depo, #3 Exhibit 43 Excerpts of Guy Oseary Depo(Filed Under Seal), #4 Exhibit 44 - Selection of Defts Tweets re Yuga Labs During the Litigation, #5 Exhibit 45 - Selection of Defts Tweets re Yuga Labs Counsel, #6 Exhibit 46 - Bored Ape Yacht Club USPTO Applications, #7 Exhibit 47 - BAYC USPTO Applications, #8 Exhibit 48 - Bored Ape USPTO Applications, #9 Exhibit 49 - BA YC Logo USPTO Applications, #10 Exhibit 50 - BA YC BORED APE YACHT CLUB Logo USPTO Applications, #11 Exhibit 51 - Ape Skull Logo USPTO Applications, #12 Exhibit 52 - YouTube Music Video Credits, #13 Exhibit 53 - May 14, 2022 Twitter post by Ripps, #14 Exhibit 54 - May 21, 2022 Foundation Webpage, #15 Exhibit 55 - May 17, 2022 Twitter post by Ripps, #16 Exhibit 56 - May 15, 2022 Twitter post by Ripps, #17 Exhibit 57 - RRBAYC Foundation Webpage, #18 Exhibit 58 - RRBAYC Foundation Webpage, #19 Exhibit 59 - RRBAYC Foundation.app Mobile Page, #20 Exhibit 60 - May 19, 2022 Twitter post by DegenSpartan, #21 Exhibit 61 - BAYC Foundation.app Google Search, #22 Exhibit 62 - June 13, 2022 OpenSea Webpage, #23 Exhibit 63 - June 22, 2022 LooksRare Webpage, #24 Exhibit 64 - January 5, 2023 LooksRare Webpage, #25 Exhibit 65 - June 23, 2022 x2y2 Webpage, #26 Exhibit 66 - June 20, 2022 Twitter post by Cahen, #27 Exhibit 67 - June 20, 2022 Twitter post by Cahen, #28 Exhibit 68 - OpenSea Sales Rankings, #29 Exhibit 69 - June 21, 2022 Twitter post by Cahen, #30 Exhibit 70 - OpenSea Sales Pages, #31 Exhibit 71 - RRBAYC No. 362, #32 Exhibit 72 - RRBAYC No. 863, #33 Exhibit 73 - May 13, 2022 Twitter post by Ripps, #34 Exhibit 74 - May 17, 2022 Twitter post by Ripps, #35 Exhibit 75 - BAYC OpenSea Sales Page, #36 Exhibit 76 - x2y2 Webpage, #37 Exhibit 77 - May 24, 2022 Twitter post by Ripps, #38 Exhibit 78 - July 16, 2022 Twitter post by Cahen, #39 Exhibit 79 - May 15, 2022 Twitter post by Ripps, #40 Exhibit 80 - Ape Market Twitter Account)(Culp Cloyd, Kimberly)
|
|
Filing 185
EXHIBIT Filed filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. [Joint Set of Exhibits] [Part 1] as to Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 . (Attachments: #1 Exhibit 1 - March 21, 2022 Yuga Letter of Authorization for Appdetex, #2 Exhibit 2 - Takedown Summary Chart by Appdetex, #3 Exhibit 3 - May 17, 2022 Appdetex takedown letter to Foundation, #4 Exhibit 4 - Three successful takedowns, #5 Exhibit 5 - Etherscan Transaction Details Page, #6 Exhibit 6 - Ethereum blockchain smart contract for RRBAYC Foundation, #7 Exhibit 7 - Ethereum blockchain smart contract containing RRBAYC NFTs, #8 Exhibit 8 - Foundation webpage entitled How to create a Collection, #9 Exhibit 9 - Feb. 21, 2023 Capture of Netlify webpage, #10 Exhibit 10 - Oct. 19, 2022 Twitter post by Bored Ape Yacht Club, #11 Exhibit 11 - Dec. 2, 2021 Twitter post by adidas Originals, #12 Exhibit 12 - Yugas website About page, #13 Exhibit 13 - Bored Ape Yacht Club homepage, #14 Exhibit 14 - Apr. 17, 2021 Bored Ape Yacht Club landing page, #15 Exhibit 15 - Apr. 17, 2021 Twitter post by Bored Ape Yacht Club, #16 Exhibit 16 - Yuga Labs OpenSea listing page, #17 Exhibit 17 - Bored Ape Yacht Club Twitter page, #18 Exhibit 18 - Website scrape of OpenSea data conducted by Yuga Labs, #19 Exhibit 19 - Nov. 1, 2021 Rolling Stones article, How Four NFT Novices, #20 Exhibit 20 - Aug. 3, 2022 Input article, Planet of the Bored Apes, #21 Exhibit 21 - Jan. 18, 2022 Fast Company article, The Bored Ape Yacht Club, #22 Exhibit 22 - Jul. 30, 2021 New Yorker article, Why Bored Ape Avatars, #23 Exhibit 23 - Sep. 8, 2021 Verge article, A Bunch of Ape NFTs Just Sold, #24 Exhibit 24 - May 10, 2021 NFT Culture article, BAYC The Latest, #25 Exhibit 25 - Ripps Dec ISO Motion to Strike, Dismiss, #26 Exhibit 26 - Consent Judgment and Order in Yuga v. Lehman, #27 Exhibit 27 - Feb. 3, 2022 Thomas Lehman Declaration, #28 Exhibit 28 - Excerpts of ApeMarket Discord, #29 Exhibit 29 - Emails re the registration of the domain apemarket.com, #30 Exhibit 30 - June 2, 2022 Email from Foundation.app, #31 Exhibit 31 - June 2022 Correspondence between Yuga's counsel and x2y2, #32 Exhibit 32 - Text messages between Deft Cahen and Thomas Lehman, #33 Exhibit 33 - May 25, 2022 Text messages between Thomas Lehman and third party, #34 Exhibit 34 - Domain registration records from NameCheap re rrbayc, #35 Exhibit 35 - Yuga 1st Supp Resps to ROGs Set One, #36 Exhibit 36 - Ripps 3rd Supp Resps to ROGs Set One, #37 Exhibit 37 - Cahen 2nd Supp Resps to RFAs, #38 Exhibit 38 - Excerpts of Ryder Ripps Depo, #39 Exhibit 39 - Excerpts of Jeremy Cahen Depo, #40 40 - Excerpts of Ryan Hickman Depo)(Culp Cloyd, Kimberly)
|
|
Filing 184
DECLARATION of Joint Set of Declarations re Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 , NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration Kevin Williams Declaration ISO Motion for Summary Judgment, #2 Declaration Kerem Atalay Declaration ISO Motion for Summary Judgment, #3 Declaration Greg Solano Declaration ISO Motion for Summary Judgment, #4 Declaration Eric Ball Declaration ISO Motion for Summary Judgment, #5 Declaration Nicole Muniz Declaration ISO Motion for Summary Judgment, #6 Declaration Laura O'Laughlin Declaration ISO Motion for Summary Judgment, #7 Declaration Jonah Berger Declaration ISO Motion for Summary Judgment, #8 Declaration Lauren Kindler Declaration ISO Motion for Summary Judgment, #9 Declaration Ryder Ripps Declaration ISO of Defendants' Opposition to MSJ, #10 Declaration Derek Gosma Declaration ISO Defendants' Opposition re MSJ)(Ball, Eric)
|
|
Filing 183
STIPULATION for Order regarding Sealing of Summary Judgment Filings filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Proposed Order)(Ball, Eric)
|
|
Filing 182
NOTICE OF MOTION AND MOTION for Attorney Fees and Costs; And Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 5/1/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 [Proposed} Order Granting Plaintiff Yuga Labs, Inc.'s Motion for an Award of Attorneys' Fees and Costs, #2 Declaration of Megan L. Meier in Support of Plaintiff Yuga Labs, Inc.'s Motion for an Award of Attorneys' Fees and Costs, #3 Exhibit 1 - Megan Meier Biography from Firm's Website, #4 Exhibit 2 - Copies of Clare Locke LLP Invoices, #5 Exhibit 3 - 2017 National Law Journal Billing Survey, #6 Declaration of Eric Ball in Support of Plaintiff Yuga Labs, Inc.'s Motion for an Award of Attorneys' Fees and Costs, #7 Exhibit 1 - January 2, 2023 Email to Defendants' Counsel, #8 Exhibit 2 - January 18, 2023 Email from Defendants' Counsel, #9 Exhibit 3 - March 24, 2023 - March 30, 2023 Email Exchange Between Counsel) (Ball, Eric)
|
|
Filing 181
Yuga Labs, Inc.'s Response to Defendants' Counterclaims ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #65 with JURY DEMAND filed by Plaintiff and Counterclaim Defendant Yuga Labs, Inc..(Ball, Eric)
|
|
Filing 180
REPLY in support of APPLICATION to file document [Defendants' Exhibit Nos. 245, 246, 249, 250, and 251] under seal #173 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball in Support of Yuga Labs, Inc.'s Application for Leave to File Under Seal Pursuant to Local Rule 79-5.2.2(a), #2 Exhibit 1 - March 4, 2023 email, #3 Exhibit 2 - March 20, 2023 email, #4 Exhibit 3 - March 24, 2023 email, #5 Exhibit 4 - March 30, 2023 email)(Ball, Eric)
|
|
Filing 179
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Application to file under seal #173 . The following error(s) was/were found: Application to file under seal is lacking accompanied documents. Refer to L.R. 79-5.2.2 for proper filing instructions 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. (iv)
|
|
Filing 178
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANTS' MOTION TO STAY PROCEEDINGS [filed 2/23/23; Docket No. #118 ] by Judge John F. Walter. Defendants' Motion is DENIED. (iv)
|
|
Filing 177
STATEMENT re LR. 7-3 Conference re Yuga Labs' Application for Award of Mandatory Attorneys' Fees and Costs [Joint Statement] filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 176
OPPOSITION re: APPLICATION to file document [Defendants' Exhibit Nos. 245, 246, 249, 250, and 251] under seal #173 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - Table of Improper Designation, #3 Exhibit 2 - Notice of Intent, #4 Exhibit 3 - Yuga's Document Production, #5 Exhibit 4 - Nikogosyan Letter to Ball)(Gosma, Derek)
|
|
Filing 175
ORDER GRANTING STIPULATION TO TEMPORARILY SEAL DOCUMENTS #174 by Judge John F. Walter. Defendants' Application is GRANTED. (iv)
|
|
Filing 174
STIPULATION File Statement of Facts and Exhibits Under Seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order)(Gosma, Derek)
|
|
Filing 173
APPLICATION to file document [Defendants' Exhibit Nos. 245, 246, 249, 250, and 251] under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order Granting Yuga Labs, Inc.'s Application for Leave to File Under Seal, #2 Declaration of Eric Ball in Support of Yuga Labs, Inc.'s Application for Leave to File Under Seal Pursuant to Local Rule 79-5.2.2(a), #3 Exhibit 1: Table of Defendants' Exhibits, #4 Exhibit 2: Correspondence from Eric Ball to Defendants' Counsel dated March 28, 2023)(Ball, Eric)
|
|
Filing 172
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition Brief and Statement of Disputed Facts under seal #171 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Opposition to Motion for Summary Judgment, #2 Unredacted Document - Statement of Genuine Disputes of Material Fact, #3 Certificate of Service)(Gosma, Derek)
|
|
Filing 171
APPLICATION to file document Opposition Brief and Statement of Disputed Facts under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Opposition to Motion for Summary Judgment, #3 Redacted Document - Statement of Genuine Disputes of Material Fact)(Gosma, Derek)
|
|
Filing 170
MINUTES (IN CHAMBERS) ORDER GRANTING APPLICATION TO SEAL STATEMENT OF DISPUTED FACTS [filed 3/27/23; Docket No. #167 ] by Judge John F. Walter. Defendants' Application is granted. Docket Nos. 163-1 and 164-3 shall be sealed. (iv)
|
|
Filing 169
MINUTES (IN CHAMBERS) ORDER DENYING APPLICATION TO FILE OPPOSITION BRIEF AND STATEMENT OF DISPUTED FACTS UNDER SEAL [filed 3/27/23; Docket No. #164 ] by Judge John F. Walter. Defendants' Application is DENIED without prejudice to re-filing an Application that fully complies with the Local Rules and paragraph 9 of the Court's Standing Order. (iv)
|
|
Filing 168
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Statement of Disputed Facts under seal #167 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Statement of Genuine Disputes of Material Fact, #2 Certificate of Service)(Gosma, Derek)
|
|
Filing 167
APPLICATION to file document Statement of Disputed Facts under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Statement of Genuine Disputes of Material Fact)(Gosma, Derek)
|
|
Filing 166
NOTICE OF LODGING filed (Exhibit 238) re Objection/Opposition (Motion related),,,,,,,,,,,,,,,,,,,,,,,,,,,, #163 (Gosma, Derek)
|
|
Filing 165
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Opposition Brief and Statement of Disputed Facts Under Seal under seal #164 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Opposition to Motion for Summary Judgment, #2 Unredacted Document - Statement of Genuine Disputes of Material Fact, #3 Certificate of Service)(Gosma, Derek)
|
|
Filing 164
APPLICATION to file document Opposition Brief and Statement of Disputed Facts Under Seal under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Opposition to Motion for Summary Judgment, #3 Redacted Document - Statement of Genuine Disputes of Material Fact)(Gosma, Derek)
|
|
Filing 163
OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Statement of Genuine Disputes of Material Fact, #2 Memorandum of Evidentiary Objections, #3 Declaration of Ryder Ripps in Support, #4 Exhibit 108 Real v. Yuga Complaint, #5 Exhibit 109 Notice of Abandonment 97106855, #6 Exhibit 110 Record of Abandonment 97106855, #7 Exhibit 111 Trademark Application 90739977, #8 Exhibit 112 Trademark Application 90739987, #9 Exhibit 113 Trademark Application 90739994, #10 Exhibit 114 Trademark Application 90837138, #11 Exhibit 115 Trademark Application 90903954, #12 Exhibit 116 Trademark Application 97132870, #13 Exhibit 117 Trademark Application 97132874, #14 Exhibit 118 Trademark Application 97132877, #15 Exhibit 119 Trademark Application 97132880, #16 Exhibit 120 Trademark Application 97313551, #17 Exhibit 121 Lallement Protonmail Email, #18 Exhibit 122 Jindo Protonmail Email, #19 Exhibit 123 Ape 19 Protonmail Email, #20 Exhibit 124 Washington Protonmail Email, #21 Exhibit 125 Tenneti Protonmail Email, #22 Exhibit 126 Lopez Protonmail Email, #23 Exhibit 127 Biermann Protonmail Email, #24 Exhibit 128 Hefte Protonmail Email, #25 Exhibit 129 Andriske Protonmail Email, #26 Exhibit 130 Masini Protonmail Email, #27 Exhibit 131 Attar Protonmail Email, #28 Exhibit 132 Bailey Protonmail Email, #29 Exhibit 133 Michael Protonmail Email, #30 Exhibit 134 Stringle Protonmail Email, #31 Exhibit 135 Winterstein Protonmail Email, #32 Exhibit 136 TodayNFTNews Article, #33 Exhibit 137 CoinTelegraph Article, #34 Exhibit 138 ArtNews Article, #35 Exhibit 139 Bloomberg Article, #36 Exhibit 140 Decrypt Article, #37 Exhibit 141 Forbes Article, #38 Exhibit 142 ApeCoin Webpage, #39 Exhibit 143 All Apes Webpage, #40 Exhibit 144 Pixel Apes Opensea Page, #41 Exhibit 145 ApeCoin Transaction, #42 Exhibit 146 ApeCoin OpenSea Page, #43 Exhibit 147 ApeCoin Price, #44 Exhibit 148 Pitchbook for Sound Ventures, #45 Exhibit 149 Pitchbook for BAYC, #46 Exhibit 150 Pitchbook for Moonpay, #47 Exhibit 151 Bored Ape Tron Club, #48 Exhibit 152 Grandpa Ape Country Club, #49 Exhibit 153 Bored ape yacht clubs, #50 Exhibit 154 Bored Ape Slave, #51 Exhibit 155 Bored Ape Solana Club, #52 Exhibit 156 SslUdGmuLw Collection, #53 Exhibit 157 I6O0QyVjmt Collection, #54 Exhibit 158 I6O0QyVjmt Ape 2170, #55 Exhibit 159 Bored Yacht Ape Club, #56 Exhibit 160 Bored Ape Cousins, #57 Exhibit 161 Untitled Collection 124763295, #58 Exhibit 162 Boredapes Yacht Club, #59 Exhibit 163 Untitled Collection 194427640, #60 Exhibit 164 Untitled Collection 204722463, #61 Exhibit 165 Untitled Collection 246284442, #62 Exhibit 166 TradeCenter Collection, #63 Exhibit 167 TradeCenter Ape 12, #64 Exhibit 168 Untitled Collection 124763295, #65 Exhibit 169 MineablePunk Collection, #66 Exhibit 170 MineablePunk Ape 7591, #67 Exhibit 171 MineablePunk Ape 12571, #68 Exhibit 172 Bored Ape Violet Collection, #69 Exhibit 173 World Cup BAYC Collection, #70 Exhibit 174 Dilution Image, #71 Exhibit 175 Wake & BAYC, #72 Exhibit 176 Bored Ape Express Card, #73 Exhibit 177 Bored Ape Wear, #74 Exhibit 178 Bored Ape T-shirt, #75 Exhibit 179 Bored & Hungry Restaurant, #76 Exhibit 180 Apewater, #77 Exhibit 181 Bored Ape Blueberry, #78 Exhibit 182 North Pier IPA, #79 Exhibit 183 Cranky Ranky IPA, #80 Exhibit 184 RRBAYC Website, #81 Exhibit 185 RRBAYC Disclaimer, #82 Exhibit 186 RRBAYC Foundation Page, #83 Exhibit 187 Foundation Email Regarding Takedown, #84 Exhibit 188 Foundation DMCA Notice, #85 Exhibit 189 Foundation DMCA Takedown, #86 Exhibit 190 Appdetex Email, #87 Exhibit 191 Appdetex Letter of Authorization, #88 Exhibit 192 BAYC Terms & Conditions, #89 Exhibit 193 BAYC Foundation Page, #90 Exhibit 194 BAYC First Day Foundation, #91 Exhibit 195 Etherscan BAYC 3721, #92 Exhibit 196 Etherscan RRBAYC 193, #93 Exhibit 197 Ripps December 31 Tweet, #94 Exhibit 198 Ripps May 24 Tweet, #95 Exhibit 199 Ripps Conceptual Art Tweet, #96 Exhibit 200 Ripps May 20 Tweet, #97 Exhibit 201 Ripps May 15 Tweet, #98 Exhibit 202 Ripps July 12 Tweet, #99 Exhibit 203 Ripps Disclaimer Tweet 1, #100 Exhibit 204 Ripps Disclaimer Tweet 2, #101 Exhibit 205 Ripps Disclaimer Tweet 3, #102 Exhibit 206 Ripps Disclaimer Tweet 4, #103 Exhibit 207 Ripps Disclaimer Tweet 5, #104 Exhibit 208 Ripps Disclaimer Tweet 6, #105 Exhibit 209 Ripps Disclaimer Tweet 7, #106 Exhibit 210 BAKC Tweet, #107 Exhibit 211 GemBot Tweet 1, #108 Exhibit 212 GemBot Tweet 2, #109 Exhibit 213 GemBot Tweet 3, #110 Exhibit 214 GemBot Tweet 4, #111 Exhibit 215 GemBot Tweet 5, #112 Exhibit 216 Cline Tweet Profile Picture, #113 Exhibit 217 Cline Tweet Thanks Ryder, #114 Exhibit 218 Streeto Direct Message, #115 Exhibit 219 Streeto Tweet Meme, #116 Exhibit 220 Streeto Tweet DMCA, #117 Exhibit 221 Streeto Tweet RRBAYC Joke, #118 Exhibit 222 johnny0x Tweet Future Blockchain, #119 Exhibit 223 johnny0x Tweet RRBAYC, #120 Exhibit 224 johnny0x Tweet Stirring Pot, #121 Exhibit 225 XRPwh4le Tweet, #122 Exhibit 226 Plasticaverns Tweet, #123 Exhibit 227 Solano Tweet Regarding BAKC, #124 Exhibit 228 Yuga Tweet Regarding Litigation, #125 Exhibit 229 BAYC Tweet May 1, 2021, #126 Exhibit 230 BAYC Tweet June 18, 2021, #127 Exhibit 231 BAYC Tweet June 21, 2021, #128 Exhibit 232 BAYC Tweet August 27, 2021, #129 Exhibit 233 BAYC Tweet August 28, 2021, #130 Exhibit 234 BAYC Tweet March 16, 2022, #131 Exhibit 235 BAYC Tweet April 30, 2022, #132 Exhibit 236 BAYC Tweet May 19, 2022, #133 Exhibit 237 Foundation Tweet Regarding Minting, #134 Exhibit 238 Muniz WebSummit Video, #135 Exhibit 239 Snoop Dogg Tweet, #136 Exhibit 240 Discord Group Chat, #137 Exhibit 241 Bored Coffee, #138 Exhibit 242 GordonGoner Website, #139 Exhibit 243 Solano Tweet Supply, #140 Exhibit 244 BAYC Website, #141 Declaration of Derek Gosma in Support, #142 Exhibit 245 Muniz Deposition Excerpts, #143 Exhibit 246 Aronow Deposition Excerpts, #144 Exhibit 247 Ripps Deposition Excerpts, #145 Exhibit 248 Cahen Deposition Excerpts, #146 Exhibit 249 Oseary Deposition Excerpts, #147 Exhibit 250 Solano Deposition Excerpts, #148 Exhibit 251 Atalay Deposition Excerpts, #149 Exhibit 252 OLaughlin Deposition Excerpts, #150 Exhibit 253 Kindler Deposition Excerpts, #151 Exhibit 254 Admission from RFA 57, #152 Exhibit 255 Berger Deposition Excerpts, #153 Request for Judicial Notice)(Gosma, Derek)
|
|
Filing 162
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS' MOTION TO STAY PROCEEDINGS #118 by Judge John F. Walter. Defendants' Motion to Stay Proceedings is currently on calendar for March 27, 2023, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for March 27, 2023 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. IT IS SO ORDERED. (rolm)
|
|
Filing 161
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Tyler Carroll to Appear Pro Hac Vice on behalf of Defendant Ryder Ripps and Jeremy Cahen, designating Henry Nikogosyan as local counsel #160 . (iv)
|
|
Filing 160
APPLICATION of Non-Resident Attorney Tyler P. Carroll to Appear Pro Hac Vice on behalf of Defendants Jeremy Cahen, Ryder Ripps (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34996588) filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order) (Nikogosyan, Henry)
|
|
Filing 159
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS RYDER RIPPS AND JEREMY CAHEN'S MOTION TO COMPEL (Dkt. No. 121) by Magistrate Judge John E. McDermott. The Court GRANTS the Motion. SEE ORDER FOR DETAILS. #121 (ch)
|
|
Filing 158
DECLARATION of Ryder Ripps re Order on Motion for Sanctions on Discovery Matters, #145 filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 157
DECLARATION of Jeremy Cahen re Order on Motion for Sanctions on Discovery Matters, #145 filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 156
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF YUGA LABS, INC.'S SPECIAL MOTION TO STRIKE COUNTERCLAIMS AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS [filed 1/18/23; Docket No. #89 ] by Judge John F. Walter. Yuga's Special Motion to Strike is GRANTED. Counterclaimants' fourth counterclaim for IIED and fifth counterclaim for NIED are STRICKEN and DISMISSED without leave to amend and with prejudice. Counterclaimants' sixth counterclaim for declaratory judgment of no defamation is DISMISSED without prejudice. Yuga is entitled to its attorneys' fees and costs incurred in bringing its Special Motion to Strike. Yugas Motion to Dismiss is GRANTED with respect to Counterclaimants' second and third counterclaims for declaratory judgment of no copyright, and Counterclaimants' second and third counterclaims are DISMISSED without leave to amend and with prejudice. Yuga's Motion to Dismiss Counterclaimants' first counterclaim for knowing misrepresentation of infringing activity is DENIED. (iv)
|
|
Filing 155
CERTIFICATE OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Document, #154 served on March 17, 2023. (Ball, Eric)
|
|
Filing 154
SEALED DOCUMENT Exhibit 43 to the Declaration of Eric Ball re NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin #149 , Order on Motion for Leave to File Document Under Seal #153 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc..(Ball, Eric)
|
|
Filing 153
ORDER GRANTING YUGA LABS, INC.'S APPLICATION FOR LEAVE TO FILE UNDER SEAL PURSUANT TO LOCAL RULE 79-5.2.2(a) #150 by Judge John F. Walter. The Application is GRANTED. (iv)
|
|
Filing 152
CERTIFICATE OF SERVICE filed by Plaintiff Yuga Labs, Inc., re Sealed Declaration in SupportDeclaration, #151 served on 3/15/23. (Ball, Eric)
|
|
Filing 151
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit 43 to the Declaration of Eric Ball in support of Plaintiff's Motion for Summary Judgment under seal #150 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document)(Ball, Eric)
|
|
Filing 150
APPLICATION to file document Exhibit 43 to the Declaration of Eric Ball in support of Plaintiff's Motion for Summary Judgment under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document)(Ball, Eric)
|
|
Filing 149
NOTICE OF MOTION AND MOTION for Summary Judgment as to its First Cause of Action for False Designation of Origin filed by Plaintiff's Yuga Labs, Inc.. Motion set for hearing on 4/17/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Statement of Uncontroverted Facts and Conclusions of Law, #2 Proposed Order, #3 Declaration of Kevin Williams, #4 Exhibit 1 - March 21, 2022 Yuga Letter of Authorization for Appdetex, #5 Exhibit 2 - Takedown Summary Chart by Appdetex, #6 Exhibit 3 - May 17, 2022 Appdetex takedown letter to Foundation, #7 Exhibit 4 - Three successful takedowns, #8 Declaration of Kerem Atalay, #9 Exhibit 5 - Etherscan Transaction Details Page, #10 Exhibit 6 - Ethereum blockchain smart contract for RRBAYC Foundation, #11 Exhibit 7 - Ethereum blockchain smart contract containing RRBAYC NFTs, #12 Exhibit 8 - Foundation webpage entitled How to create a Collection, #13 Exhibit 9 - Feb. 21, 2023 Capture of Netlify webpage, #14 Declaration of Greg Solano, #15 Exhibit 10 - Oct. 19, 2022 Twitter post by Bored Ape Yacht Club, #16 Exhibit 11 - Dec. 2, 2021 Twitter post by adidas Originals, #17 Exhibit 12 - Yuga's website About page, #18 Exhibit 13 - Bored Ape Yacht Club homepage, #19 Exhibit 14 - Apr. 17, 2021 Bored Ape Yacht Club landing page, #20 Exhibit 15 - Apr. 17, 2021 Twitter post by Bored Ape Yacht Club, #21 Exhibit 16 - Yuga Labs OpenSea listing page, #22 Exhibit 17 - Bored Ape Yacht Club Twitter page, #23 Exhibit 18 - Website scrape of OpenSea data conducted by Yuga Labs, #24 Exhibit 19 - Nov. 1, 2021 Rolling Stones article, How Four NFT Novices, #25 Exhibit 20 - Aug. 3, 2022 Input article, Planet of the Bored Apes, #26 Exhibit 21 - Jan. 18, 2022 Fast Company article, The Bored Ape Yacht Club, #27 Exhibit 22 - Jul. 30, 2021 New Yorker article, Why Bored Ape Avatars, #28 Exhibit 23 - Sep. 8, 2021 Verge article, A Bunch of Ape NFTs Just Sold, #29 Exhibit 24 - May 10, 2021 NFT Culture article, BAYC The Latest, #30 Declaration of Eric Ball, #31 Exhibit 25 - Ripps Dec ISO Motion to Strike, Dismiss, #32 Exhibit 26 - Consent Judgment and Order in Yuga v. Lehman, #33 Exhibit 27 - Feb. 3, 2022 Thomas Lehman Declaration, #34 Exhibit 28 - Excerpts of ApeMarket Discord, #35 Exhibit 29 - Emails re the registration of the domain apemarket.com, #36 Exhibit 30 - June 22, 2022 Email from Foundation.app, #37 Exhibit 31 - June 2022 Correspondence between Yuga's counsel and x2y2, #38 Exhibit 32 - Text messages between Deft Cahen and Thomas Lehman, #39 Exhibit 33 - May 25, 2022 Text messages between Thomas Lehman and third party, #40 Signed Application 34 - Domain registration records from NameCheap re rrbayc, #41 Exhibit 35 - Yuga 1st Supp Resps to ROGs Set One, #42 Exhibit 36 - Ripps 3rd Supp Resps to ROGs Set One, #43 Exhibit 37 - Cahen 2nd Supp Resps to RFAs, #44 Exhibit 38 - Excerpts of Ryder Ripps Depo, #45 Exhibit 39 - Excerpts of Jeremy Cahen Depo, #46 Exhibit 40 - Excerpts of Ryan Hickman Depo, #47 Exhibit 41 - Excerpts of Greg Solano Depo, #48 Exhibit 42 - Excerpts of Nicole Muniz Depo, #49 Exhibit 43 - Excerpts of Guy Oseary Depo, #50 Exhibit 44 - Selection of Defts Tweets re Yuga Labs During the Litigation, #51 Exhibit 45 - Selection of Defts Tweets re Yuga Labs Counsel, #52 Declaration of Nicole Muniz, #53 Exhibit 46 - Bored Ape Yacht Club USPTO Applications, #54 Exhibit 47 - BAYC USPTO Applications, #55 Exhibit 48 - Bored Ape USPTO Applications, #56 Exhibit 49 - BA YC Logo USPTO Applications, #57 Exhibit 50 - BA YC BORED APE YACHT CLUB Logo USPTO Applications, #58 Exhibit 51 - Ape Skull Logo USPTO Applications, #59 Exhibit 52 - YouTube Music Video Credits, #60 Exhibit 53 - May 14, 2022 Twitter post by Ripps, #61 Exhibit 54 - May 21, 2022 Foundation Webpage, #62 Exhibit 55 - May 17, 2022 Twitter post by Ripps, #63 Exhibit 56 - May 15, 2022 Twitter post by Ripps, #64 Exhibit 57 - RRBAYC Foundation Webpage, #65 Exhibit 58 - RRBAYC Foundation Webpage, #66 Exhibit 59 - RRBAYC Foundation.app Mobile Page, #67 Exhibit 60 - May 19, 2022 Twitter post by DegenSpartan, #68 Exhibit 61 - BAYC Foundation.app Google Search, #69 Exhibit 62 - June 13, 2022 OpenSea Webpage, #70 Exhibit 63 - June 22, 2022 LooksRare Webpage, #71 Exhibit 64 - January 5, 2023 LooksRare Webpage, #72 Exhibit 65 - June 23, 2022 x2y2 Webpage, #73 Exhibit 66 - June 20, 2022 Twitter post by Cahen, #74 Exhibit 67 - June 20, 2022 Twitter post by Cahen, #75 Exhibit 68 - OpenSea Sales Rankings, #76 Exhibit 69 - June 21, 2022 Twitter post by Cahen, #77 Exhibit 70 - OpenSea Sales Pages, #78 Exhibit 71 - RRBAYC No. 362, #79 Exhibit 72 - RRBAYC No. 863, #80 Exhibit 73 - May 13, 2022 Twitter post by Ripps, #81 Exhibit 74 - May 17, 2022 Twitter post by Ripps, #82 Exhibit 75 - BAYC OpenSea Sales Page, #83 Exhibit 76 - x2y2 Webpage, #84 Exhibit 77 - May 24, 2022 Twitter post by Ripps, #85 Exhibit 78 - July 16, 2022 Twitter post by Cahen, #86 Exhibit 79 - May 15, 2022 Twitter post by Ripps, #87 Exhibit 80 - Ape Market Twitter Account, #88 Exhibit 81 - June 2, 2022 Twitter post by Ape Market Account, #89 Exhibit 82 - Apemarket.com Webpage, #90 Exhibit 83 - October 5, 2022 Twitter post by Yuga Labs, #91 Exhibit 84 - April 23, 2022 Yuga Labs retweet, #92 Exhibit 85 - Bloomberg Crypto News Segment, #93 Exhibit 86 - June 21, 2022 Discord message, #94 Exhibit 87 - June 22, 2022 Twitter post by enjoyoor, #95 Exhibit 88 - August 31, 2022 Twitter post by Smart_NFT_News, #96 Exhibit 89 - July 8, 2022 Twitter post by 0xGem, #97 Exhibit 90 - July 8, 2022 Twitter post by apeuniverse_eth, #98 Exhibit 91 - July 8, 2022 Twitter post by NFTBuffet, #99 Exhibit 92 - July 8, 2022 Twitter post by phunk2243, #100 Exhibit 93 - October 21, 2022 Twitter post by Tom22110616, #101 Exhibit 94 - May 19, 2022 Twitter post by Cryptoverse520, #102 Exhibit 95 - May 16, 2022 Twitter post by Joey_tartz, #103 Exhibit 96 - June 21, 2022 Twitter post by streetoshi, #104 Exhibit 97 - June 22, 2022 Twitter post by johnny0x, #105 Exhibit 98 - Twitter thread of Cahen and SachDana, #106 Exhibit 99 - May 27, 2022 Twitter post by Ripps, #107 Exhibit 100 - rrbayc.com Disclaimer, #108 Exhibit 101 - June 2, 2022 Twitter post by Ape Market Account, #109 Exhibit 102 - Ape Market image, #110 Exhibit 103 - May 18, 2022 Twitter post by Ripps, #111 Exhibit 104 - May 23, 2022 Twitter post by Ripps, #112 Declaration of Laura O'Laughlin, #113 Exhibit 105 - Expert Report of Laura O'Laughlin, #114 Declaration of Jonah Berger, #115 Exhibit 106 - Expert Report of Jonah Berger, #116 Declaration of Lauren Kindler, #117 Exhibit 107 - Expert Report of Lauren Kindler) (Ball, Eric)
|
|
Filing 148
NOTICE OF LODGING filed [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #118 (Attachments: #1 [Proposed] Statement of Decision Denying Defendants' Motion to Stay Proceedings)(Ball, Eric)
|
|
Filing 147
NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #118 (Attachments: #1 Proposed Statement of Decision)(Tompros, Louis)
|
|
Filing 146
SEALED DOCUMENT (Supplemental Memorandum in Opposition to Defendants' Motion to Compel, and Exhibit 1 to the Declaration of Ethan M. Thomas) re MEMORANDUM in Opposition to Motion,, #127 , Order on Motion for Leave to File Document Under Seal, #143 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel), #2 Unredacted Document (Exhibit 1 to the Declaration of Ethan M. Thomas in Support of Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Motion to Compel))(Thomas, Ethan)
|
|
Filing 145
ORDER RE YUGA LABS, INC.'S MOTION FORSANCTIONS FOR DEFENDANTS' SPOLIATION OFEVIDENCE (Dkt. No. 109) by Magistrate Judge John E. McDermott: denying #109 Motion for Sanctions. The Court DENIES the Motion as to spoliation but enters an Order requiring Defendants to make a final production and verification. (See document for further details). (et)
|
|
Filing 144
ORDER RE DEFENDANTS RYDER RIPPS AND JEREMY CAHEN' S MOTION TO COMPEL (Dkt. No. 103) by Magistrate Judge John E. McDermott: The Court GRANTS the Motion in part and DENIES it in part #103 . (see document for further information). The Court ORDERS Yuga to file amended responses to the identified Requests within 7 days of this Order. (et)
|
|
Filing 143
ORDER GRANTING YUGA LABS, INC.'S APPLICATION TO FILE ITS UNREDACTED MEMORANDUM AND THOMAS DECLARATION EXHIBIT 1 UNDER SEAL by Magistrate Judge John E. McDermott: granting Re: APPLICATION to file document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) under seal #125 . (et)
|
|
Filing 142
MEMORANDUM in Support of MOTION to Compel Plaintiff Yuga Labs, Inc to Supplement Document Productions to Requests for Production #121 (Supplemental) filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 141
MEMORANDUM in Opposition to MOTION to Compel Plaintiff Yuga Labs, Inc to Supplement Document Productions to Requests for Production #121 [Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel] filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Thomas, Ethan)
|
|
Filing 140
DENIED BY ORDER OF THE COURT by Magistrate Judge John E. McDermott, re Stipulation for Order #138 . (et)
|
|
Filing 139
STATEMENT (Joint) Re Local Rule 7-3 Conference Regarding Plaintiff Yuga Labs, Inc.'s Motion for Summary Judgment filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 138
STIPULATION for Order to Modify Briefing Schedule and Hearing Date filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order)(Gosma, Derek)
|
|
Filing 137
REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #118 filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 136
SEALED DOCUMENT Supplemental Memorandum in Support of Defendants' Motion to Compel and Exhibit 4 re Order on Motion for Leave to File Document Under Seal, #134 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 4 - Oseary Dep Trans Select Pages)(Gosma, Derek)
|
|
Filing 135
OPPOSITION to APPLICATION to file document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) under seal #125 filed by Defendants Jeremy Cahen, Ryder Ripps. (Gosma, Derek)
|
|
Filing 134
ORDER GRANTING APPLICATION TO FILE UNDER SEAL by Magistrate Judge John E. McDermott: granting Re: APPLICATION to file document Supplemental Memorandum in Support of Defendants' Motion to Compel and Exhibit 4 under seal #129 . (et)
|
|
Filing 133
MINUTES ORDER RE DEFENDANTS' MOTION TO DE-DESIGNATE THE DEPOSITION OF RYAN HICKMAN (Dkt. No. 98) by Magistrate Judge John E. McDermott: granting #98 MOTION for Order. The Court, therefore, ORDERS Defendants to reproduce and redesignate the HC/AEO documents discussed at the deposition to clearly identify the protected portion(s). (Id., 6.3(a).) This apparently will not be a problem for Defendants, as they stated in their Supplemental Memorandum that they "offered to redesignate all relevant documents line by line" (Dkt. 123 at 4:17-18) and to "de-designate and re-produce all relevant documents making line-by-line designations" (id. at 1:25-26). The Court, however, is concerned only with the documents discussed at the deposition. Theredesignations are to be produced within 7 days of this Order. This is a result Yuga recommended if the Motion was granted. (Dkt. 98-1 at 13:8-11.) (See document for further information). (et)
|
|
Filing 132
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) under seal #125 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel, #2 Unredacted Document Exhibit 1 to the Declaration of Ethan Thomas in Support of Yuga Labs, Inc.'s Opposition to Defendants' Motion to Compel)(Thomas, Ethan)
|
|
Filing 131
MEMORANDUM in Support of MOTION to Compel Document Production and Answers to Request for Admission #103 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - ApeCoin, #4 Exhibit 3 - Ape Wear, #5 Exhibit 4 - Oseary Dep Trans Select Pages, #6 Exhibit 5 - Request to Meet and Confer re Yuga Labs Summary Judgment, #7 Exhibit 6 - Yuga ORS, #8 Exhibit 7 - Joint Stipulation)(Gosma, Derek)
|
|
Filing 130
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Memorandum in Support of Defendants' Motion to Compel and Exhibit 4 under seal #129 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Supplemental Memorandum in Support of Defendants' Motion to Compel, #2 Unredacted Document - Exhibit 4 - Oseary Dep Trans Select Pages, #3 Certificate of Service)(Gosma, Derek)
|
|
Filing 129
APPLICATION to file document Supplemental Memorandum in Support of Defendants' Motion to Compel and Exhibit 4 under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Supplemental Memorandum in Support of Defendants' Motion to Compel)(Gosma, Derek)
|
|
Filing 128
PROOF OF SERVICE filed by Plaintiff Yuga Labs, Inc., re APPLICATION to file document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) under seal #125 served on March 7, 2023. (Thomas, Ethan)
|
|
Filing 127
MEMORANDUM in Opposition to MOTION to Compel Document Production and Answers to Request for Admission #103 [Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) (Redacted) filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Ethan Thomas in Support of Plaintiff Yuga Labs, Inc.'s Opposition to Defendants' Motion to Compel, #2 Exhibit 1 (Filed Under Seal) - Excerpt of Deposition Transcript, #3 Exhibit 2: Screenshot of Tweet)(Ball, Eric)
|
|
Filing 126
MEMORANDUM in Support of MOTION for Sanctions for Defendants' Spoliation of Evidence #109 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - February 23, 2023 Production of Documents)(Gosma, Derek)
|
|
Filing 125
APPLICATION to file document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel) under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Proposed Order, #2 Redacted Document (Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to Compel))(Thomas, Ethan)
|
|
Filing 124
MEMORANDUM in Support of MOTION for Sanctions for Defendants' Spoliation of Evidence #109 Plaintiff Yuga Labs, Inc.'s Supplemental Memorandum in Support of Motion for Sanctions filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Ethan Thomas, #2 Exhibit 1 to Thomas Declaration, #3 Exhibit 2 to Thomas Declaration, #4 Exhibit 3 to Thomas Declaration, #5 Exhibit 4 to Thomas Declaration, #6 Exhibit 5 to Thomas Declaration, #7 Exhibit 6 to Thomas Declaration)(Thomas, Ethan)
|
|
Filing 123
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order to De-Designate the Deposition of Ryan Hickman #98 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Henry Nikogosyan in Support, #2 Exhibit 1 - Mr. Hickman's Letter, #3 Exhibit 2 - Motion to Seal, #4 Exhibit 3 - Unsealed Deposition Testimony, #5 Exhibit 4 - Order Denying Motion to Seal)(Gosma, Derek)
|
|
Filing 122
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order to De-Designate the Deposition of Ryan Hickman #98 LR 37 Yuga Labs, Inc.'s Supplemental Memorandum in Opposition to Defendants' Motion to De-Designate the Deposition of Ryan Hickman filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Anthony Fares, #2 Exhibit 1 - Email Correspondence)(Fares, Anthony)
|
|
Filing 121
NOTICE OF MOTION AND MOTION to Compel Plaintiff Yuga Labs, Inc to Supplement Document Productions to Requests for Production filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 3/28/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Local Rule 37 Joint Stipulation re Ryder Ripps and Jeremy Cahen's Motion to Compel, #2 Declaration of Derek Gosma, #3 Exhibit 1: Scheduling Order, #4 Exhibit 2: Protective Order, #5 Exhibit 3: Defendants' document requests, #6 Exhibit 4: Plaintiff's objections to document requests, #7 Exhibit 5: Complaint in related lawsuit, #8 Exhibit 6: Docket in related lawsuit, #9 Exhibit 7: Mr. Lehman's affidavit, #10 Exhibit 8: Correspondence regarding meet and confer, #11 Exhibit 9: Correspondence regarding Mr. Lehman's deposition, #12 Declaration of Ethan M. Thomas, #13 Exhibit 1: Consent judgment in related lawsuit, #14 Exhibit 2: Subpoenas, #15 Exhibit 3: Responses to Subpoenas, #16 Proposed Order)(Gosma, Derek)
|
|
Filing 120
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Appeal #118 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball, #2 Exhibit 1-Dec. 21, 2022 Email from Tompros, #3 Exhibit 2-Feb. 10, 2023 Email from Tompros, #4 Exhibit 3-Feb. 17, 2023 Email from Nikogosyan, #5 Exhibit 4-USPTO TTAB Opposition 91283228, #6 Exhibit 5-USPTO TTAB Opposition 91283323, #7 Exhibit 6-Yuga Labs Bored Ape Yacht Club website, #8 Exhibit 7-About page on Yuga Labs website, #9 Exhibit 8-Yuga Labs OpenSea listing page, #10 Exhibit 9-Yuga Labs Twitter page, #11 Exhibit 10-DeftsFoundation listing page, web and mobile versions, #12 Exhibit 11-Defts OpenSea listing page, #13 Exhibit 12-DefendantsLooksRare listing page, #14 Exhibit 13-DefendantsApe Market Twitter page, #15 Exhibit 14-Comparison of listings on Opensea, #16 Exhibit 15-Defendantswebsite, rrbayc.com, #17 Exhibit 16-RRBAYC NFTs as depicted on Defts website, #18 Exhibit 17-The smart contract for the RRBAYC, #19 Exhibit 18-The browser tab icon for Defts website, #20 Exhibit 19-Comparison of Ape Market website and ApeFest website, #21 Exhibit 20-June 2, 2022 Twitter post, #22 Exhibit 21-Another June 2, 2022 Twitter post, #23 Exhibit 22-June 23, 2022 Twitter post, #24 Exhibit 23-May 16 and June 21, 2022 Twitter posts, #25 Exhibit 24-Feb. 24, 2023 Twitter post made by Cahen, #26 Exhibit 25-Feb. 20, 2023 Twitter post made by Cahen, #27 Exhibit 26-Feb. 17, 2023 Twitter post made by Cahen, #28 Exhibit 27-Feb. 24, 2023 Twitter post made by Cahen, #29 Exhibit 28-July 18, 2022 Twitter post made by Cahen, #30 Exhibit 29-June 16, 2022 Twitter posts made by Deft Ripps, #31 Exhibit 30-Defendant Ripps 2nd Supp. Resps. to 1st Set of Rogs, #32 Exhibit 31-Yuga Labs v. Lehman Consent Judgment and Order for Permanent Injunction, #33 Exhibit 32-Lehman Decl. dated Feb. 3, 2023, #34 Exhibit 33-June 24, 2022 Text messages between Cahen and Lehman, #35 Exhibit 34-May 25, 2022 Text messages between Lehman and a third party, #36 Exhibit 35-Excerpts Ryder Ripps Jan. 12, 2023 deposition, #37 Exhibit 36-Excerpts from Jeremy Cahen Jan. 11, 2023 deposition, #38 Exhibit 37-Excerpts from Ryan Hickman Dec. 7, 2022 depo and Exs 28 and 29, #39 Exhibit 38-March 5, 2023 Twitter post made by Deft Ripps, #40 Declaration of Greg Solano, #41 Declaration of Jonah Berger, #42 Exhibit 1-Expert Report of Jonah Berger, #43 Declaration of Laura O'Laughlin, #44 Exhibit 1-Expert Report of Laura O'Laughlin, #45 Declaration of Lauren Kindler, #46 Exhibit 1-Expert Report of Lauren Kindler)(Ball, Eric)
|
|
Filing 119
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS' EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON MOTION TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS (Dkt. Nos. 115, 116) by Magistrate Judge John E. McDermott: the Court DENIES Defendants' Application and proposed order. The Court, however, will set a briefing schedule for the Motion to Compel. The parties have met and conferred on the Motion and Defendants have provided Plaintiff with their portion of the Joint Stipulation. Also, the parties already have briefed the discoverability of Confidential Settlement materials issue in the prior ex parte Application that was withdrawn. Therefore, the Court will set a due date of March 6, 2023 for Plaintiff to provide its portion of the Joint Stipulation and file it with the Court. The parties will have until March 13, 2023 to file supplemental memoranda. The Court will then decide whether to have a hearing on the Motion or take it under submission. Denying #115 EX PARTE APPLICATION for Order Shortening Time. [SEE DOCUMENT FOR FURTHER DETAILS.] (es)
|
|
Filing 118
NOTICE OF MOTION AND MOTION to Stay Case pending Appeal filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 3/27/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Tompros, Louis)
|
|
Filing 117
MINUTE (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION PLAINTIFF YUGA LABS, INC.'S SPECIAL MOTION TO STRIKE COUNTERCLAIMS; PLAINTIFF YUGA LABS, INC.'S MOTION TO DISMISS COUNTERCLAIMS [filed 1/18/23; Docket No. #89 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for February 23, 2023 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
|
|
Filing 116
MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Shortening Time on Motion to Respond to Request for Production of Documents #115 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Ball, Eric)
|
|
Filing 115
EX PARTE APPLICATION for Order for Shortening Time on Motion to Respond to Request for Production of Documents filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - February 6, 2023, email to Yuga Labs, #3 Exhibit 2 - February 10, 2023, email to Yuga Labs, #4 Exhibit 3 - February 13, 2023, email to Yuga Labs, #5 Exhibit 4 - February 14, 2023, email to Yuga Labs, #6 Exhibit 5 - February 15, 2023, email to Yuga Labs, #7 Exhibit 6 - February 16, 2023, email to Yuga Labs, #8 Exhibit 7 - February 17, 2023, email to Yuga Labs, #9 Exhibit 8 - February 21, 2023, email to Yuga Labs, #10 Proposed Order) (Gosma, Derek)
|
|
Filing 114
Notice of Withdrawal of Motion for Order,,, #108 filed by Defendants and Counterclaimants Jeremy Cahen, Ryder Ripps. (Nikogosyan, Henry)
|
|
Filing 113
MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for /to Compel Document Production #108 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball, #2 Exhibit 1 to Declaration of Eric Ball: Email Correspondence Between Parties, #3 Exhibit 2 to Declaration of Eric Ball: Defendants' Notice of Subpoena to Thomas Lehman, #4 Exhibit 3 to Declaration of Eric Ball: Responses and Objections to Subpoenas by Thomas Lehman and Counsel)(Ball, Eric)
|
|
Filing 112
CERTIFICATE OF SERVICE filed by Plaintiff and Counterclaim Defendant Yuga Labs, Inc., re Sealed Document, #111 served on February 17, 2023. (Thomas, Ethan)
|
|
Filing 111
SEALED DOCUMENT (Exhibit 10 to the Declaration of Derek Gosma) re MOTION for Sanctions for Defendants' Spoliation of Evidence #109 , Order on Motion for Leave to File Document Under Seal,, #110 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Unredacted Document (Exhibitr 10 to the Declaration of Derek Gosma))(Thomas, Ethan)
|
|
Filing 110
ORDER GRANTING UNOPPOSED APPLICATION TO FILE GOSMA DECLARATION EXHIBIT 10 UNDER SEAL by Magistrate Judge John E. McDermott: Granting #107 APPLICATION to Seal Document. The Application is GRANTED with respect to the following filings, which shall be filed UNDER SEAL, because the Designating Parties have established good cause or compelling reasons that Exhibit 10 to the Declaration of Derek Gosma regarding Yuga Labs' Motion for Sanctions should not be filed publicly. Yuga Labs shall file under seal Exhibit 10 to the Declaration of Derek Gosma regarding Yuga Labs' Motion for Sanctions. (es)
|
|
Filing 109
NOTICE OF MOTION AND MOTION for Sanctions for Defendants' Spoliation of Evidence filed by Plaintiff and Counterclaim Defendant Yuga Labs, Inc.. Motion set for hearing on 3/21/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Local Rule 37 Joint Stipulation RE Yuga Labs, Inc.'s Motion for Sanctions for Defendants' Spoliation of Evidence, #2 Proposed Order on Yuga Labs, Inc.'s Motion for Sanctions for Defendants' Spoliation of Evidence, #3 Declaration Declaration of Ethan M. Thomas in Support of Plaintiff Yuga Labs, Inc.'s Motion to Compel, #4 Exhibit 1 to the Declaration of Ethan M. Thomas, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Declaration of Derek Gosma in Support of Defendants' Joint Stipulation, #31 Exhibit 1 to the Declaration of Derek Gosma, #32 Exhibit 2, #33 Exhibit 3, #34 Exhibit 4, #35 Exhibit 5, #36 Exhibit 6, #37 Exhibit 7, #38 Exhibit 8, #39 Exhibit 9, #40 Exhibit 10 (Filed Under Seal), #41 Declaration of Jeremy Cahen, #42 Declaration of Ryder Ripps, #43 Exhibit 1 to the Declaration of Ryder Ripps)(Thomas, Ethan)
|
|
Filing 108
EX PARTE APPLICATION for Order for /to Compel Document Production filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Ex Parte Motion to Compel, #2 Declaration of Derek Gosma in Support, #3 Exhibit 1: Scheduling Order, #4 Exhibit 2: Protective Order, #5 Exhibit 3: Defendants' First Set of Document Requests, #6 Exhibit 4: Plaintiff's Supplemental Responses to Defendants' First Set of Document Requests, #7 Exhibit 5: Complaint in Yuga Labs, Inc. v. Thomas Lehman, #8 Exhibit 6: Docket in Yuga Labs, Inc. v. Thomas Lehman, #9 Exhibit 7: Lehman Affidavit, #10 Exhibit 8: e-mail exchange regarding production of settlement agreement and related materials, #11 Exhibit 9: Correspondence scheduling Mr. Lehman's deposition on March 2, 2023, #12 Proposed Order) (Gosma, Derek) Modified on 2/21/2023 (san). [Counsel withdrew #114 ].
|
|
Filing 107
APPLICATION to file document (Exhibit 10 to the Declaration of Derek Gosma) under seal filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Ethan M. Thomas in Support of Yuga Labs' Unopposed Application to File Gosma Declaration Exhibit 10 Under Seal, #2 Proposed Order)(Thomas, Ethan)
|
|
Filing 106
STATEMENT re Local Rule 7-3 Conference (Joint) filed by Defendants Jeremy Cahen, Ryder Ripps (Tompros, Louis)
|
|
Filing 105
SEALED DOCUMENT Joint Stipulation and Exhibit 22 re Order on Motion for Leave to File Document Under Seal, #104 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Exhibit 22: Additional Excerpts of Yuga 30(b)(6) deposition)(Gosma, Derek)
|
|
Filing 104
ORDER ON DEFENDANTS UNOPPOSED APPLICATION TO SEAL by Magistrate Judge John E. McDermott: Granting #99 APPLICATION to Seal Document. IT IS HEREBY ORDERED THAT Defendants' Application is GRANTED. Defendants shall file under seal Exhibit 22 of the Joint Stipulation and the unredacted version of the parties' Joint Stipulation. (es)
|
|
Filing 103
NOTICE OF MOTION AND MOTION to Compel Document Production and Answers to Request for Admission filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 3/21/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Local Rule 37 Joint Stipulation re Yuga Labs, Inc.'s Motion to Compel, #2 Declaration of Derek Gosma in Support, #3 Exhibit 1: Scheduling and Case Management Order, #4 Exhibit 2: Complaint, #5 Exhibit 3: Defendants' First Set of Requests for Production, #6 Exhibit 4: Defendants' First set of Interrogatories, #7 Exhibit 5: Plaintiff's Response to Defendants' First Set of Requests for Production, #8 Exhibit 6: Plaintiff's Response to Defendants' First Set of Interrogatories, #9 Exhibit 7: emails from November 18, 2022, to February 2, 2023, #10 Exhibit 8: Defendants' November 18, 2022 letter, #11 Exhibit 9: Defendants' December 1, 2022 letter, #12 Exhibit 10: Plaintiff's December 15, 2022 letter, #13 Exhibit 11: Plaintiff's First Supplemental Response to Defendants' First Set of Interrogatories, #14 Exhibit 12: Defendants December 31, 2022 letter, #15 Exhibit 13: Plaintiff's January 17, 2023 letter, #16 Declaration of Ethan Thomas, #17 Exhibit 1: December 16, 2022 Court Order, #18 Exhibit 2: January 17, 2023 Court Order, #19 Exhibit 3: December 28, 2022 Joint Stipulation, #20 Exhibit 4: Defendants' Memorandum in Support of Motion to Compel, #21 Exhibit 5: Defendants Answer, #22 Exhibit 6: Plaintiff's Second Supplemental Responses to Defendants Interrogatories, #23 Exhibit 7: Excerpts of Plaintiff's 30(b)(6) deposition, #24 Exhibit 8: Excerpts of Greg Solano's deposition, #25 Exhibit 9: Excerpts of Ryder Ripps' deposition, #26 Exhibit 10: YUGALABS_00002048, #27 Exhibit 11: Collection of documents produced by Plaintiff, #28 Exhibit 12: Excerpts of email correspondence, #29 Exhibit 13: January 17, 2023 order in Real v. Yuga Labs, #30 Exhibit 14: Complaint in Real v. Yuga Labs, #31 Exhibit 15: Memorandum filed in MGA Entertainment, #32 Exhibit 16: Minutes in MGA Entertainment, #33 Exhibit 17: Compilation of Tweets, #34 Exhibit 18: February 10, 2023 email, #35 Exhibit 19: Amended complaint in Hermes International, #36 Exhibit 20: Jury verdict in Hermes International, #37 Exhibit 21: Order denying cross motions for summary judgment in Hermes International, #38 Exhibit 22: Additional Excerpts of Yuga 30(b)(6) deposition, #39 Proposed Order)(Gosma, Derek)
|
|
Filing 102
NOTICE OF LODGING filed [Proposed] Statement of Decision Granting Plaintiff's Special Motion to Strike; Plaintiff's Motion to Dismiss Counterclaims re NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims #89 (Attachments: #1 [Proposed] Statement of Decision Granting Plaintiff's Special Motion to Strike; Plaintiff's Motion to Dismiss Counterclaims)(Ball, Eric)
|
|
Filing 101
NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims #89 (Attachments: #1 Proposed Statement of Decision)(Tompros, Louis)
|
|
Filing 100
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation and Exhibit 22 under seal #99 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Unredacted Document - Local Rule 37 Joint Stipulation re Yuga Labs, Inc.'s Motion to Compel, #2 Unredacted Document - Exhibit 22: Additional Excerpts of Yuga 30(b)(6) deposition, #3 Certificate of Service)(Gosma, Derek)
|
|
Filing 99
APPLICATION to file document Joint Stipulation and Exhibit 22 under seal filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order, #2 Redacted Document - Local Rule 37 Joint Stipulation re Yuga Labs, Inc.'s Motion to Compel)(Gosma, Derek)
|
|
Filing 98
NOTICE OF MOTION AND MOTION for Order to De-Designate the Deposition of Ryan Hickman filed by Defendant Jeremy Cahen, Ryder Ripps. Motion set for hearing on 3/21/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Local Rule 37 Joint Stipulation re Ryder Ripps and Jeremy Cahen's Motion to De-Designate, #2 Declaration of Derek Gosma in Support, #3 Exhibit 1 - Court's Scheduling and Case Management Order, #4 Exhibit 2 - Court's Protective Order, #5 Exhibit 3 - Correspondence Regarding Confidentiality Deposition Testimony, #6 Exhibit 4 - Mr. Hickman Stating Deposition Testimony, #7 Declaration of Anthony M. Fares, #8 Exhibit 1 - Email Correspondence from Dec. 21, 2022 - Dec. 27, 2022, #9 Exhibit 2 - Mr. Hickman's Deposition, #10 Exhibit 3 - Parties' Dec. 28, 2022 Joint Stipulation re Motion to Compel, #11 Exhibit 4 - Excerpts of Mr. Hickman's Deposition, #12 Exhibit 5 - Document Produced by Defendants, #13 Proposed Order) (Gosma, Derek)
|
|
Filing 97
REPLY in support of NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims #89 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration Supplemental Declaration of Eric Ball, #2 Exhibit 1 - Jan. 2, 2023 Ball email to Defendants' Counsel re meet and confer, #3 Exhibit 2 - Declaration of Thomas Lehman, #4 Exhibit 3 - Redline of Defendants' Counterclaims, #5 Exhibit 4 - Defendants' Amended Initial Disclosures)(Ball, Eric)
|
|
Filing 96
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims #89 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Louis Tompros, #2 Exhibit 1 - Proposed Amended Answer and Counterclaims, #3 Exhibit 2 - January 18, 2023, email from L. Tompros to counsel for Yuga Labs, #4 Exhibit 3 - Gizmodo Article on Yuga Labs' Copyrights)(Tompros, Louis)
|
|
Filing 95
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Megan Meier to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc., designating Melissa Lawton as local counsel #85 . (iv)
|
|
Filing 94
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Kathryn Humphrey to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc., designating Melissa Lawton as local counsel #84 . (iv)
|
|
Filing 93
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney David Sillers to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc., designating Melissa Lawton as local counsel #83 . (iv)
|
|
Filing 92
JOINT REPORT of RESULTS OF SETTLEMENT CONFERENCE filed by Plaintiff Yuga Labs, Inc.. (Fares, Anthony)
|
|
Filing 91
NOTICE OF LODGING filed of Proposed Order re NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims #89 (Attachments: #1 Proposed Order re Plaintiff's Motion to Strike Counterclaims)(Tompros, Louis)
|
|
Filing 90
FOR COURT USE ONLY: STATISTICAL CORRECTION Granting in part #66 Motion to Compel re: #79 In Chambers Order (es)
|
|
Filing 89
NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 2/27/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Plaintiff Yuga Labs, Inc.'s Request for Judicial Notice, #2 Proposed Order, #3 Declaration of Eric Ball in Support of Plaintiff Yuga Labs, Inc.'s Special Motion to Strike Counterclaims; Motion to Dismiss Counterclaims, #4 Exhibit 1 - December 6, 2021 Ripps Twitter post, #5 Exhibit 2 - Image of link referenced in para 62, Dkt 65, #6 Exhibit 3 - May 21, 2022 Wayback Machine capture, #7 Exhibit 4 - May 17, 2022 Wayback Machine capture, #8 Exhibit 5 - May 18, 2022 Team Ape Market communications, #9 Exhibit 6 - May 17, 2022 Ripps Twitter posts, #10 Exhibit 7 - June 8, 2022 Team Ape Market communications, #11 Exhibit 8 - June 8, 2022 Cahen Twitter post, #12 Exhibit 9 - June 22, 2022 Ripps Twitter post, #13 Exhibit 10 - Cahen Twitter posts of 9 - 27 - 22 and 10 - 9 - 22, #14 Exhibit 11 - Cahen and Ripps Twitter posts of 1 - 11 - 23 and 1 - 12 - 23, #15 Exhibit 12 - November 10, 2022 Cahen Twitter post, #16 Exhibit 13 - December 27, 2022 Ripps Twitter post, #17 Exhibit 14 - December 29, 2022 Ripps Twitter post, #18 Exhibit 15 - January 5, 2023 Ripps Twitter post, #19 Exhibit 16 - January 2, 2023 Cahen Twitter post, #20 Exhibit 17 - January 3, 2023 Cahen Twitter post, #21 Exhibit 18 - December 30, 2022 Ripps Twitter post, #22 Exhibit 19 - October 18, 2022 Deft Ripps and Rodney Ripps Twitter posts, #23 Exhibit 20 - October 25, 2022 Cahen and Rodney Ripps Twitter posts) (Ball, Eric)
|
|
Filing 88
Text Entry Order STRIKING MOTION to Strike Counterclaims #86 for insufficient time. Filing date was a Federal Holiday. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 87
MINUTES (IN CHAMBERS) ORDER RE DEFENDANTS RYDER RIPPS' AND JEREMY CAHEN'S MOTION TO COMPEL (Dkt. No. 69) by Magistrate Judge John E. McDermott: Denying #69 Motion to Compel. SEE DOCUMENT FOR DETAILS. (es)
|
|
Filing 86
*Stricken* NOTICE OF MOTION AND MOTION to Strike Counterclaims; Plaintiff Yuga Labs, Inc.'s Motion to Dismiss Counterclaims filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 2/13/2023 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Plaintiff Yuga Labs, Inc.'s Request for Judicial Notice, #2 Proposed Order, #3 Declaration of Eric Ball in Support of Plaintiff Yuga Labs, Inc.'s Special Motion to Strike Counterclaims; Motion to Dismiss Counterclaims, #4 Exhibit 1 - December 6, 2021 Ripps Twitter post, #5 Exhibit 2 - Image of link referenced in para 62, Dkt 65, #6 Exhibit 3 - May 21, 2022 Wayback Machine capture, #7 Exhibit 4 - May 17, 2022 Wayback Machine capture, #8 Exhibit 5 - May 18, 2022 Team Ape Market communications, #9 Exhibit 6 - May 17, 2022 Ripps Twitter posts, #10 Exhibit 7 - June 8, 2022 Team Ape Market communications, #11 Exhibit 8 - June 8, 2022 Cahen Twitter post, #12 Exhibit 9 - June 22, 2022 Ripps Twitter post, #13 Exhibit 10 - Cahen Twitter posts of 9 - 27 - 22 and 10 - 9 - 22, #14 Exhibit 11 - Cahen and Ripps Twitter posts of 1 - 11 - 23 and 1 - 12 - 23, #15 Exhibit 12 - November 10, 2022 Cahen Twitter post, #16 Exhibit 13 - December 27, 2022 Ripps Twitter post, #17 Exhibit 14 - December 29, 2022 Ripps Twitter post, #18 Exhibit 15 - January 5, 2023 Ripps Twitter post, #19 Exhibit 16 - January 2, 2023 Cahen Twitter post, #20 Exhibit 17 - January 3, 2023 Cahen Twitter post, #21 Exhibit 18 - December 30, 2022 Ripps Twitter post, #22 Exhibit 19 - October 18, 2022 Deft Ripps and Rodney Ripps Twitter posts, #23 Exhibit 20 - October 25, 2022 Cahen and Rodney Ripps Twitter posts) (Ball, Eric) Modified on 1/18/2023 (sr).
|
|
Filing 85
APPLICATION of Non-Resident Attorney Megan L. Meier to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34611456) filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Lawton, Melissa)
|
|
Filing 84
APPLICATION of Non-Resident Attorney Kathryn G. Humphrey to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34611341) filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Lawton, Melissa)
|
|
Filing 83
APPLICATION of Non-Resident Attorney David Y. Sillers to Appear Pro Hac Vice on behalf of Plaintiff Yuga Labs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34611226) filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 (Proposed) Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Lawton, Melissa)
|
|
Filing 82
Notice of Appearance or Withdrawal of Counsel: for attorney Melissa Leigh Lawton counsel for Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. Adding Melissa L. Lawton as counsel of record for Yuga Labs, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Yuga Labs, Inc.. (Attorney Melissa Leigh Lawton added to party Yuga Labs, Inc.(pty:pla), Attorney Melissa Leigh Lawton added to party Yuga Labs, Inc.(pty:cd))(Lawton, Melissa)
|
|
Filing 81
MEMORANDUM in Opposition to MOTION to Compel Plaintiff Yuga Labs, Inc. to supplement document productions and responses to interrogatories #69 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Attachments: #1 Declaration of Eric Ball)(Ball, Eric)
|
|
Filing 80
MEMORANDUM in Support of MOTION to Compel Plaintiff Yuga Labs, Inc. to supplement document productions and responses to interrogatories #69 (Supplemental) filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 79
MINUTE ORDER (IN CHAMBERS) ORDER RE PLAINTIFF YUGA LABS, INC.'S MOTION TO COMPEL PURSUANT TO LOCAL RULE 37-2 (Dkt. No. #66 ) by Magistrate Judge John E. McDermott: The Court therefore will require Defendant to complete its document production and interrogatory responses by January 17, 2023 in accord with Defendant's representations. Both parties are ordered to meet and confer on any remaining issues, in particular the issues raised by Yuga in its Supplemental Memorandum. (Dkt. 71.) The Court ORDERS Defendant to serve a verification by Mr. Ripps that he has produced all relevant non-privileged documents and interrogatory answers in his custody, control or possession also on January 17, 2023. Should any issues remain, Yuga can file a Joint Status Report thereafter but only after meeting and conferring first. [See document for further information.] (es)
|
|
Filing 78
STATEMENT (Joint) Re Local Rule 7-3 Conference re Plaintiff's Motion to Dismiss Counterclaims filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc. (Ball, Eric)
|
|
Filing 77
ORDER RE PLAINTIFF YUGA LABS, INC.'S EX PARTE APPLICATION FOR A PROTECTIVE ORDER REGARDING APEX DEPOSITIONS by Magistrate Judge John E. McDermott denying #75 Ex Parte Application for Protective Order re EX PARTE APPLICATION for Protective Order for Apex Depositions #75 . [See Order for details.] (san)
|
|
Filing 76
MEMORANDUM in Opposition to EX PARTE APPLICATION for Protective Order for Apex Depositions #75 filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 75
EX PARTE APPLICATION for Protective Order for Apex Depositions filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff Yuga Labs, Inc.'s Ex Parte Application for a Protective Order, #2 Declaration of Eric Ball in Support of Plaintiff Yuga Labs, Inc.'s Ex Parte Application for a Protective Order Regarding Apex Depositions, #3 Exhibit 1 to the Declaration of Eric Ball, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Ball, Eric)
|
|
Filing 74
Notice filed by Defendants Jeremy Cahen, Ryder Ripps. THAT NO TRANSCRIPTS WILL BE ORDERED FOR PURPOSES OF APPEAL (Tompros, Louis)
|
|
Filing 73
SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION to Compel Plaintiff Yuga Labs, Inc. to supplement document productions and responses to interrogatories #69 . The hearing set for 1/24/2023 is hereby off calendar. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY Modified on 1/4/2023 (san).
|
|
Filing 72
SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION to Compel Defendants to supplement document productions and responses to interrogatories #66 . The hearing set for 1/17/2023 is hereby off calendar. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
|
|
Filing 71
MEMORANDUM in Support of MOTION to Compel Defendants to supplement document productions and responses to interrogatories #66 filed by Plaintiff Yuga Labs, Inc., Counter Defendant Yuga Labs, Inc.. (Thomas, Ethan)
|
|
Filing 70
MEMORANDUM in Opposition to MOTION to Compel Defendants to supplement document productions and responses to interrogatories #66 filed by Defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Declaration of Derek Gosma in Support, #2 Exhibit 1 - Mr. Ripp's Second Supplemental to Interrogatories, #3 Exhibit 2 - Plaintiff's Jan. 3, 2022, Twitter Post, #4 Exhibit 3 - Plaintiff's LinkedIn Profile, #5 Exhibit 4 - Aronow Nov. 9, 2022, Twitter Post, #6 Exhibit 5 - Plaintiff's First Supplement to Interrogatories)(Gosma, Derek)
|
|
Filing 69
NOTICE OF MOTION AND MOTION to Compel Plaintiff Yuga Labs, Inc. to supplement document productions and responses to interrogatories filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 1/24/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Local Rule 37 Joint Stipulation re Ryder Ripps and Jeremy Cahen's Motion to Compel, #2 Declaration of Derek Gosma, #3 Exhibit 1 - Scheduling & Case Management Order, #4 Exhibit 2 - Defendants' First Set of RFPs (Nos. 1-58), #5 Exhibit 3 - Defendants' First Set of ROGs (Nos. 1-14), #6 Exhibit 4 - Yuga's O&Rs to Defendants' First Set of RFPs (Nos. 1-58), #7 Exhibit 5 - Yuga's O&Rs to Defendants' First Set of ROGs (Nos. 1-14), #8 Exhibit 6 - Emails Regarding November 28, 2022, conference, #9 Exhibit 7 - 11.18.22 Nikogosyan letter to Culp, #10 Exhibit 8 - 12.1.22 Nikogosyan letter to Thomas, #11 Exhibit 9 - 12.15.22 Thomas letter to Nikogosyan, #12 Exhibit 10 - Emails Regarding Deposition Scheduling, #13 Exhibit 11 - Notice of Deposition of Jeremy Cahen, #14 Exhibit 12 - Notice of Deposition of Ryder Ripps, #15 Exhibit 13 - Ripps and Cahen's 30(b)(6) deposition notice to Yuga, #16 Exhibit 14 - Notice of Deposition of G. Solano, #17 Exhibit 15 - Notice of Deposition of W. Aronow, #18 Exhibit 16 - 10.31.2022 Tompros Letter Regarding Subpoenas, #19 Declaration of Ethan M. Thomas, #20 Exhibit 1 - Yuga Labs First Supp. Response to RFPs (Set One) (Nos. 1-58), #21 Exhibit 2 - Yuga Labs First Supp. Response to ROGs (Set One) (Nos. 1-14), #22 Exhibit 3 - Anti-SLAPP Motion, #23 Exhibit 4 - Memorandum in Opposition to Motion to Strike, #24 Exhibit 5 - Reply in Support of Motion to Strike, #25 Exhibit 6 - Minutes in Chambers, #26 Exhibit 7 - Notice of Appeal, #27 Exhibit 8 - Mr. Ripps and Mr. Cahen's Initial Disclosures, #28 Exhibit 9 - Joint Report Rule 26f Discovery Plan, #29 Exhibit 10 - Ball Letter to L. Tompros, #30 Exhibit 11 - Cahen's 10-17-2022 Tweet, #31 Exhibit 12 - Cahen's 12-16-2022 Tweet, #32 Exhibit 13 - ARTnews Article, #33 Exhibit 14 - Email Thread re Depositions, #34 Exhibit 15 - Email Thread re Stay, #35 Exhibit 16 - 2022-12-23 Production Email, #36 Exhibit 17 - Email Thread re Extension, #37 Proposed Order)(Gosma, Derek)
|
|
Filing 68
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: MOTION to Compel Defendants to supplement document productions and responses to interrogatories #66 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. 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 67
JOINT STIPULATION to MOTION to Compel Defendants to supplement document productions and responses to interrogatories #66 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Declaration of Ethan Thomas, #2 Exhibit 1 to Thomas Declaration, #3 Exhibit 2 to Thomas Declaration, #4 Exhibit 3 to Thomas Declaration, #5 Exhibit 4 to Thomas Declaration, #6 Exhibit 5 to Thomas Declaration, #7 Exhibit 6 to Thomas Declaration, #8 Exhibit 7 to Thomas Declaration, #9 Exhibit 8 to Thomas Declaration, #10 Exhibit 9 to Thomas Declaration, #11 Exhibit 10 to Thomas Declaration, #12 Exhibit 11 to Thomas Declaration, #13 Exhibit 12 to Thomas Declaration, #14 Exhibit 13 to Thomas Declaration, #15 Exhibit 14 to Thomas Declaration, #16 Exhibit 15 to Thomas Declaration, #17 Exhibit 16 to Thomas Declaration, #18 Exhibit 17 to Thomas Declaration, #19 Exhibit 18 to Thomas Declaration, #20 Exhibit 19 to Thomas Declaration, #21 Exhibit 20 to Thomas Declaration, #22 Exhibit 21 to Thomas Declaration, #23 Exhibit 22 to Thomas Declaration, #24 Exhibit 23 to Thomas Declaration, #25 Exhibit 24 to Thomas Declaration, #26 Exhibit 25 to Thomas Declaration, #27 Exhibit 26 to Thomas Declaration, #28 Exhibit 27 to Thomas Declaration, #29 Exhibit 28 to Thomas Declaration, #30 Declaration of Derek Gosma, #31 Exhibit 1 to Gosma Declaration)(Thomas, Ethan)
|
|
Filing 66
NOTICE OF MOTION AND MOTION to Compel Defendants to supplement document productions and responses to interrogatories filed by Plaintiff Yuga Labs, Inc.. Motion set for hearing on 1/17/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Thomas, Ethan)
|
|
Filing 65
ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND , COUNTERCLAIM against Yuga Labs, Inc. filed by Defendants Jeremy Cahen, Ryder Ripps.(Tompros, Louis)
|
|
Filing 64
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-56199 assigned to Notice of Appeal to 9th Circuit Court of Appeals #63 as to Defendant Jeremy Cahen, Ryder Ripps. (iv)
|
|
Filing 63
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Jeremy Cahen, Ryder Ripps. Appeal of Order on Motion to Strike,, #62 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-34514803.) (Tompros, Louis)
|
|
Filing 62
MINUTES (IN CHAMBERS) ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS ANTI-SLAPP MOTION TO STRIKE AND MOTION TO DISMISS [filed 10/3/22; Docket No. #48 ] by Judge John F. Walter. Defendants' Motion is DENIED in part and GRANTED in part. Defendants Anti-SLAPP Motion is DENIED. Defendants Motion to Dismiss is DENIED, except with respect to Plaintiffs eighth cause of action for unjust enrichment. Defendants Motion to Dismiss is GRANTED with respect to Plaintiffs eighth cause of action for unjust enrichment, and that cause of action is DISMISSED without prejudice. (iv)
|
|
Filing 61
ORDER TAKING UNDER SUBMISSION DEFENDANTS ANTI-SLAPP MOTION AND MOTION TO DISMISS #48 by Judge John F. Walter. Defendants Anti-SLAPP Motion and Motion to Dismiss is currently on calendar for November 7, 2022, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for November 7, 2022 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. IT IS SO ORDERED. (rolm)
|
|
Filing 60
NOTICE OF LODGING filed ([Proposed] Statement of Decision Denying Defendants' Motion to Strike and Dismiss) re NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss #48 (Attachments: #1 [Proposed] Statement of Decision Denying Defendants' Motion to Strike and Dismiss)(Ball, Eric)
|
|
Filing 59
NOTICE OF LODGING filed of Proposed Statement of Decision re NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss #48 (Attachments: #1 Proposed Statement of Decision)(Tompros, Louis)
|
|
Filing 58
REPLY in support NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss #48 (Reply in Support of Anti-Slapp Motion to Strike and Motion to Dismiss) filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 57
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 6/9/2023 at 8:00 AM. Hearing on Motions in Limine; DisputedJury Instructions set for 6/16/2023 at 8:00 AM. Jury Trial set for 6/27/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
|
|
Filing 56
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on October 31, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: January 23, 2023. The Joint Report re: Results of Settlement Conference due on: January 27, 2023. (iv)
|
|
Filing 55
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 - 7 days, filed by Plaintiff Yuga Labs, Inc... (Ball, Eric)
|
|
Filing 54
Objection in Opposition re: NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss #48 Yuga Labs, Inc.'s Objections to Defendants' Evidence Filed with Defendants' Motion to Strike and Dismiss filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 53
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss #48 filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 52
Notice of Appearance or Withdrawal of Counsel: for attorney Derek A. Gosma counsel for Defendants Jeremy Cahen, Ryder Ripps. Adding Derek Gosma as counsel of record for Ryder Ripps and Jeremy Cahen for the reason indicated in the G-123 Notice. Filed by Defendants Ryder Ripps and Jeremy Cahen. (Attorney Derek A. Gosma added to party Jeremy Cahen(pty:dft), Attorney Derek A. Gosma added to party Ryder Ripps(pty:dft))(Gosma, Derek)
|
|
Filing 51
STIPULATION AND PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order #50 . See Order for details. (es)
|
|
Filing 50
STIPULATION for Protective Order filed by Plaintiff Yuga Labs, Inc. Yuga Labs, Inc..(Ball, Eric)
|
|
Filing 49
ORDER DENYING CONTINUING SCHEDULING CONFERENCE AND SETTING HEARING FOR DEFENDANTS' MOTION #47 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
|
|
Filing 48
NOTICE OF MOTION AND MOTION to Strike Certain Causes of Action, or in the Alternative, Motion to Dismiss filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 11/7/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Ryder Ripps, #2 Exhibit 1: List of NFT projects that use BAYC NFT images, #3 Declaration of Louis Tompros, #4 Exhibit 1: Excerpts of https://rrbayc.com webpage, #5 Exhibit 2: https://gordongoner.com webpage, #6 Exhibit 3: July 8, 2014, New York Times article about Ryder Ripps, #7 Exhibit 4: Forbes profile for Ryder Ripps, #8 Exhibit 5: March 2015 Brooklyn Rail review of Mr. Rippss Ho exhibition, #9 Exhibit 6: Postmasters Gallerys online listing, #10 Exhibit 7: March 3, 2015, Complex review of Mr. Rippss Alone Together installation, #11 Exhibit 8: July 6, 2021, yahoo!finance article about Mr. Rippss CryptoPunk #3100 NFT artwork, #12 Exhibit 9: Anti-Defamation Leagues webpage for the hate symbol 18, #13 Exhibit 10: 2020 Journal for the Study of Radicalism, Vol. 14, No. 2, article on the Alt-Right and the Neofascist Movement in the United States, #14 Exhibit 11: October 21, 2019, https://digitalmethods.net chapter entry discussing the secret histories/dog whistles associated with neofascism on 4/chan/pol, #15 Exhibit 12: August 17, 2017, Marginalia article on Alt-Right/neofascist use of Hindu ideas, #16 Exhibit 13: Richard Spencers July 31, 2022, 5:54 p.m. Twitter post, #17 Exhibit 14: Frederick Brennans August 22, 2022, 2:22 p.m. Twitter post, #18 Exhibit 15: Direct messages between Richard Spencer and Frederick Brennan, #19 Exhibit 16: July 31, 2022, https://waveninja.substack.com article discussing Yuga co-founder Wylie Aronows admitted connections to an Alt-Right publisher, #20 Exhibit 17: March 31, 2019, IdentifyEvropa article on Alt-Right activities in the United States, #21 Exhibit 18: GH Records page for the Surf The Kali Yuga T-Shirt, #22 Exhibit 19: Compiled Twitter posts criticizing Yuga Labs, Inc.s use of simianization, #23 Exhibit 20: February 1, 2022, Input Magazine article including criticism from ADL senior researchers on racist imagery in the Bored Ape Yacht Club, #24 Exhibit 21: OpenSea listing for BAYC #3721, #25 Exhibit 22: OpenSea listing for BAYC #6281, #26 Exhibit 23: mirror.xyz page displaying metadata provenance information, #27 Exhibit 24: September 1, 2022, coindesk article of interview with Yuga co-founders Wylie Aronow and Greg Solano, #28 Exhibit 25: Mr. Rippss May 14, 2022, 9:52 p.m. Twitter post, #29 Exhibit 26: May 13, 2022, Boardroom article identifying celebrity owners of Bored Ape Yacht Club NFTs, #30 Exhibit 27: Mr. Rippss May 14, 2022, 7:34 p.m. Twitter post, #31 Exhibit 28: Mr. Rippss May 15, 2022, 1:21 a.m. Twitter post, #32 Exhibit 29: June 24, 2022, The Coin Republic article on the #BURNBAYC movement and Yuga propagating racism, #33 Exhibit 30: July 3, 2022, Decrypt article discussing background events associated with Yugas lawsuit against Mr. Ripps and Mr. Cahen, #34 Exhibit 31: July 14, 2022, The Manual article discussing public debate on Yugas racism, #35 Exhibit 32: July 23, 2022, Cryptopolitan article discussing the public opinion crisis regarding Yugas Nazi-related NFTS, #36 Exhibit 33: July 24, 2022, Cryptoslate article on a popular documentary that discusses Yugas use of Nazi imagery, #37 Exhibit 34: July 27, 2022, The Defiant article including commentary on Mr. Rippss artistic achievement with the RR/BAYC project, #38 Exhibit 35: https://apemarket.com front webpage, #39 Proposed Order) (Tompros, Louis)
|
|
Filing 47
STIPULATION to Continue Scheduling Conference from October 31, 2022 to November 7, 2022 filed by Plaintiff Yuga Labs, Inc. Yuga Labs, Inc.. (Attachments: #1 Declaration Declaration of Eric Ball in Support of Stipulation to Continue Scheduling Conference and Set Hearing for Defendants' Motion, #2 Proposed Order Continuing Scheduling Conference and Setting Hearing for Defendants' Motion)(Ball, Eric)
|
|
Filing 46
ORDER DENYING CONTINUING SCHEDULING CONFERENCE AND SETTING HEARING FOR DEFENDANTS' MOTION #45 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
|
|
Filing 45
STIPULATION to Continue Scheduling Conference from October 31, 2022 to November 7, 2022 filed by Plaintiff Yuga Labs, Inc. Yuga Labs, Inc.. (Attachments: #1 Proposed Order Continuing Scheduling Conference and Setting Hearing for Defendants' Motion)(Ball, Eric)
|
|
Filing 44
ORDER #43 by Judge John F. Walter. The Court's September 1, 2020, Order to Show Cause is discharged. Defendants shall re-file their motion to strike and motion to dismiss aspreviously filed, with corrections to the CM/ECF System names for each filed document, no later than seven (7) days after entry of this order. (iv)
|
|
Filing 43
NOTICE OF LODGING filed of Proposed Order re Text Only Scheduling Notice,,, 40 , Response #41 (Attachments: #1 Proposed Order Regarding Response to Order to Show Cause)(Tompros, Louis)
|
|
Filing 42
DECLARATION of Louis W. Tompros re Response #41 filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 41
RESPONSE filed by Defendants Jeremy Cahen, Ryder Rippsto Text Only Scheduling Notice,,, 40 (Response to Order to Show Cause) (Tompros, Louis)
|
|
Filing 40
Text Entry Order: Defendants Anti-Slapp Motion to Strike and Motion to Dismiss, filed August 31, 2022 (Docket No. #38 ), is STRICKEN for violating paragraph 3(b) of the Courts Standing Order. Defendant shall not re-file this Motion without leave of the Court. Defendants are ordered to show cause in writing on or before September 6, 2022, why lead counsel should not be sanctioned in the amount of $1,500.00 for Defendants repeated violations of the Courts Standing Order. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 39
STATEMENT re Local Rule 7-3 Conference (Joint) filed by Defendants Jeremy Cahen, Ryder Ripps (Tompros, Louis)
|
|
Filing 38
*Stricken* NOTICE OF MOTION AND MOTION to Strike Certain Claims, or in the Alternative, to Dismiss filed by Defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 10/31/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Ryder Ripps, #2 Exhibit 1, #3 Declaration of Louis Tompros, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Proposed Order) (Tompros, Louis) Modified on 9/1/2022 (sr).
|
|
Filing 37
ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT #34 by Judge John F. Walter. Defendants Ripps and Cahen's deadline to respond to the Complaint is hereby set to August 31, 2022. (iv)
|
|
Filing 36
DECLARATION of Louis W. Tompros Regarding the August 23, 2022, Local Rule 7-3 Conference filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 35
DECLARATION of Eric Ball re Text Only Scheduling Notice,,, 33 Plaintiff Yuga Labs, Inc.'s Declaration of Eric Ball re: Meet and Confer in Accordance with the Court's August 19, 2022 Order (Dkt. 33) filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 34
STIPULATION Extending Time to Answer the complaint as to Jeremy Cahen answer now due 8/31/2022; Ryder Ripps answer now due 8/31/2022, filed by defendants Jeremy Cahen; Ryder Ripps. (Attachments: #1 Proposed Order)(Tompros, Louis)
|
|
Filing 33
Text Entry Order: Defendants Anti-SLAPP Motion to Strike Complaint, or in the Alternative, Motion to Dismiss, filed August 15, 2022 (Docket No. #29 ), is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Defendants wish to re-file the Motion, lead counsel shall meet and confer in person or by video by August 25, 2022. If the parties cannot resolve the issues raised in the Motion, on or before August 29, 2022, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 32
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for October 31, 2022 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 20, 2022. (iv)
|
|
Filing 31
Text Entry Order vacating the Court's Order Striking the ANTI-SLAPP MOTION TO STRIKE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO DISMISS #29 and restoring it to the October 17, 2022 calendar at 1:30 p.m. before Judge John F. Walter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 30
Text Entry Order STRIKING Motion #29 . Hearing date is untimely. This may not be the only deficiency in this filing. Counsel shall refer to the Court's Standing Order #14 before refiling any Motion. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
|
|
Filing 29
*Stricken* NOTICE OF MOTION AND MOTION to Strike Complaint, or in the Alternative, Motion to Dismiss filed by defendants Jeremy Cahen, Ryder Ripps. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Ryder Ripps, #2 Exhibit 1, #3 Declaration of Louis W. Tompros, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33) (Tompros, Louis) Modified on 8/15/2022 (sr). Modified on 8/17/2022 (sr). Modified on 8/19/2022 (sr).
|
|
Filing 28
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Monica Grewal to Appear Pro Hac Vice on behalf of Defendant Ryder Ripps and Jeremy Cahen, designating Henry Nikogosyan as local counsel #27 . (iv)
|
|
Filing 27
APPLICATION of Non-Resident Attorney Monica Grewal to Appear Pro Hac Vice on behalf of Defendants Jeremy Cahen, Ryder Ripps (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33750651) filed by defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order) (Nikogosyan, Henry)
|
|
Filing 26
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Scott Bertulli to Appear Pro Hac Vice on behalf of Defendant Ryder Ripps and Jeremy Cahen, designating Henry Nikogosyan as local counsel #25 . (iv)
|
|
Filing 25
APPLICATION of Non-Resident Attorney Scott W Bertulli to Appear Pro Hac Vice on behalf of Defendants Jeremy Cahen, Ryder Ripps (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33720620) filed by defendant Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order) (Nikogosyan, Henry)
|
|
Filing 24
PROOF OF SERVICE Executed by Plaintiff Yuga Labs, Inc., upon Defendant Jeremy Cahen served on 7/14/2022, answer due 8/29/2022. Service of the Summons and Complaint were executed upon Louis W. Tompros, Attorney for Defendant Cahen in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Ball, Eric)
|
|
Filing 23
PROOF OF SERVICE Executed by Plaintiff Yuga Labs, Inc., upon Defendant Ryder Ripps served on 6/29/2022, answer due 8/29/2022. Service of the Summons and Complaint were executed upon RYDER RIPPS in compliance with statute not specified by personal service.Original Summons NOT returned. (Ball, Eric)
|
|
Filing 22
ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT AND MODIFY BRIEFING SCHEDULE FOR 12(B) MOTIONS #21 by Judge John F. Walter. Defendants Ripps and Cahens deadline to respond to the Complaint is hereby set to August 29, 2022. The hearing for any motion filed by Defendants pursuant to Fed. R. Civ. P. 12(b) on or before August 29, 2022, shall be held on or after October 3, 2022. (iv)
|
|
Filing 21
STIPULATION for Extension of Time to File Answer to August 29, 2022 and Modify Briefing Schedule for 12(B) Motions filed by defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order)(Tompros, Louis)
|
|
Filing 20
NOTICE of Interested Parties filed by Defendants Jeremy Cahen, Ryder Ripps, (Tompros, Louis)
|
|
Filing 19
DECLARATION of Lead Trial Counsel filed by Defendants Jeremy Cahen, Ryder Ripps. (Tompros, Louis)
|
|
Filing 18
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Louis Tompros to Appear Pro Hac Vice on behalf of Defendant Ryder Ripps and Jeremy Cahen, designating Henry Nikogosyan as local counsel #17 . (iv)
|
|
Filing 17
APPLICATION of Non-Resident Attorney Louis W. Tompros to Appear Pro Hac Vice on behalf of Defendants Jeremy Cahen, Ryder Ripps (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33608868) filed by defendants Jeremy Cahen, Ryder Ripps. (Attachments: #1 Proposed Order) (Nikogosyan, Henry)
|
|
Filing 16
Notice of Appearance or Withdrawal of Counsel: for attorney Henry Michael Nikogosyan counsel for Defendants Jeremy Cahen, Ryder Ripps. Filed by defendants Ryder Ripps and Jeremy Cahen. (Attorney Henry Michael Nikogosyan added to party Jeremy Cahen(pty:dft), Attorney Henry Michael Nikogosyan added to party Ryder Ripps(pty:dft))(Nikogosyan, Henry)
|
|
Filing 15
DECLARATION of Eric Ball re Initial Order upon Filing of Complaint - form only #14 [Plaintiff Yuga Labs, Inc.'s Declaration of Lead Trial Counsel Re: Compliance with Local Rules Governing Electronic Filing] filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 14
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
|
|
Filing 13
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-04355 JFW(JEMx). (rn)
|
|
Filing 12
NOTICE of Appearance filed by attorney Ethan Michael Thomas on behalf of Plaintiff Yuga Labs, Inc. (Attorney Ethan Michael Thomas added to party Yuga Labs, Inc.(pty:pla))(Thomas, Ethan)
|
|
Filing 11
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Jeremy Cahen. (et)
|
|
Filing 10
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Ryder Ripps. (et)
|
|
Filing 9
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et)
|
|
Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
|
|
Filing 7
NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge John E. McDermott. (et)
|
|
FILING FEE PAID for new civil case. Receipt No. ACACDC-33527966 for $402 filing fee. (Ball, Eric)
|
|
Filing 6
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 5
Corporate Disclosure Statement and NOTICE of Interested Parties filed by Plaintiff Yuga Labs, Inc., (Ball, Eric)
|
|
Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 2
CIVIL COVER SHEET filed by Plaintiff Yuga Labs, Inc.. (Ball, Eric)
|
|
Filing 1
COMPLAINT, [Filing Fee PAID $402 on 6/27/2022 Receipt No. ACACDC-33527966 filed by Plaintiff Yuga Labs, Inc.. (Attachments: #1 Exhibit A) (Attorney Eric J Ball added to party Yuga Labs, Inc.(pty:pla))(Ball, Eric) Modified on 6/27/2022 (et).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
