Entrepreneur Media Inc v. Eygn Limited Ernst & Young LLP et al
| Entrepreneur Media Inc |
| Eygn Limited Ernst & Young LLP and Ernst & Young Advisory Inc |
| 8:2008cv00608 |
| June 2, 2008 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Orange |
| Carter |
| Goldman |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 64
ORDER ON STIPULATION TO DISMISS CASE by Judge David O. Carter 63 . (Made JS-6. Case Terminated.) (db)
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| Filing 63 STIPULATION to Dismiss Case pursuant to Stipulation of All Parties to Dismiss with Prejudice Entire Action, Including all Claims and Counterclaims Therein filed by Plaintiff Entrepreneur Media Inc.(Holmes, Michael) |
| Filing 62 NOTICE OF CLERICAL ERROR: Due to clerical error Docket text has been modified. Motion for Judgment on the Pleadings for Lack of Subject matter jurisdiction is DENIED. Motion for Judgment on the pleadings for Lack of Personal Jurisdiction is GRANTED. Re: Minutes of In Chambers Order/Directive - no proceeding held,, 61 (ade) |
| Filing 61 MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter: ORDER ON MOTIONS re: GRANTING MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , DENYING MOTION for Preliminary Injunction re: Second-Filed Action 51 , GRANTING MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 , DENYING MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 . The Motions listed above are set for hearing on December 22, 2008. The Court finds these matters appropriate for decision without oral argument. (ade) Modified on 12/17/2008 (ade). |
| Filing 60 REPLY in support MOTION for Preliminary Injunction re: Second-Filed Action 29 , MOTION for Preliminary Injunction re: Second-Filed Action 51 (corrected final) filed by Plaintiff Entrepreneur Media Inc. (Holmes, Michael) |
| Filing 59 MEMORANDUM in Opposition to MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 re Ernst & Young (corrected final) filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young)(Holmes, Michael) |
| Filing 58 MEMORANDUM in Opposition to MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 re EYGN (corrected final) filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young)(Holmes, Michael) |
| Filing 57 MEMORANDUM in Opposition to MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 (corrected final) filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young)(Holmes, Michael) |
| Filing 56 DECLARATION of Michael R. Adele in opposition to MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 , MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1), # 5 Exhibit D (part 2), # 6 Exhibit E, # 7 Exhibit F)(Holmes, Michael) |
| Filing 55 REPLY MOTION for Preliminary Injunction re: Second-Filed Action 29 , MOTION for Preliminary Injunction re: Second-Filed Action 51 filed by Plaintiff Entrepreneur Media Inc. (Holmes, Michael) |
| Filing 54 Opposition re: MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young in Opposition to Motions for Judgment on the Pleadings and, in the Alternative, to Transfer)(Holmes, Michael) |
| Filing 53 Opposition re: MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young in Opposition to Motions for Judgment on the Pleadings and, in the Alternative, to Transfer)(Holmes, Michael) |
| Filing 52 Opposition re: MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Declaration of Ronald L. Young in Opposition to Motions for Judgment on the Pleadings and, in the Alternative, to Transfer)(Holmes, Michael) |
| Filing 51 NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Second-Filed Action filed by Plaintiff Entrepreneur Media Inc. Motion set for hearing on 12/22/2008 at 08:30 AM before Judge David O. Carter. (Holmes, Michael) |
| Filing 50 DECLARATION of Victoria Cochrane in Support of MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendants EYGN Limited, Ernst & Young LLP. (Donahue, David) |
| Filing 49 DECLARATION of Craig S. Mende in Support of MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 , MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 filed by Defendants EYGN Limited, Ernst & Young LLP, Ernst & Young Advisory Inc. (Donahue, David) |
| Filing 48 DECLARATION of Larry J. Haynes in support of MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendants EYGN Limited, Ernst & Young LLP. (Donahue, David) |
| Filing 47 DECLARATION of Doris Stamml in support of MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 , MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 filed by Defendants Ernst & Young LLP, Ernst & Young Advisory Inc. (Donahue, David) |
| Filing 46 DECLARATION of Victoria Cochrane in support of MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 , MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendants EYGN Limited, Ernst & Young LLP. (Donahue, David) |
| Filing 45 JOINDER in MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendant Ernst & Young Advisory Inc. (Donahue, David) |
| Filing 44 JOINDER in MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendant EYGN Limited. (Donahue, David) |
| Filing 43 MEMORANDUM in Support of MOTION for Judgment on the Pleadings or, in the Alternative MOTION to Transfer Case to Southern District of New York 42 filed by Defendant Ernst & Young LLP. (Donahue, David) |
| Filing 42 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings or, in the Alternative, MOTION to Transfer Case to Southern District of New York filed by Defendant Ernst & Young LLP. Motion set for hearing on 12/22/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Donahue, David) |
| Filing 41 MEMORANDUM in Support of MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction 40 filed by Defendant Ernst & Young Advisory Inc. (Donahue, David) |
| Filing 40 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Lack of Subject Matter Jurisdiction filed by Defendant Ernst & Young Advisory Inc. Motion set for hearing on 12/22/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Donahue, David) |
| Filing 39 MEMORANDUM in Support of MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction 38 filed by Defendant EYGN Limited. (Donahue, David) |
| Filing 38 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Lack of Personal Jurisdiction filed by Defendant EYGN Limited, Ernst & Young LLP. Motion set for hearing on 12/22/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Donahue, David) |
| Filing 37 MEMORANDUM in Opposition to MOTION for Preliminary Injunction re: Second-Filed Action 29 filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Donahue, David) |
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Filing 36
SCHEDULING ORDER by Judge David O. Carter, Set/Reset Deadlines/Hearings:( Discovery cut-off 10/30/2009. Motions due by 3/7/2010. Final Pretrial Conference set for 5/10/2010 08:30 AM before Judge David O. Carter. Jury Trial set for 7/27/2010 08:30 AM before Judge David O. Carter.) (ade)
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| Filing 35 MINUTES OF Scheduling Conference held before Judge David O. Carter. The matter is called. Counsel state their appearances. The court sets the following case management dates: ( Motions cut-off by 3/7/2010., Final Pretrial Conference set for 5/10/2010 08:30 AM before Judge David O. Carter., Jury Trial set for 7/27/2010 08:30 AM before Judge David O. Carter.) See Minute Order for more details.Court Reporter: Kyung Lee-Green. (twdb) |
| Filing 34 Notice of Withdrawal Without Prejudice to Plaintiff Entrepreneur Media, Inc.'s Motion for Injunction Regarding Second-Filed Action (Holmes, Michael) |
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Filing 33
ORDER by Judge David O. Carter, DENYING Stipulation to Continue 30 : Before the Court is a Stipulation Continuing November 3, 2008 Scheduling Conference and Establishing Briefing Schedule and Hearing Date on Motions. Upon consideration, the stipulation is DENIED. (rla)
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Filing 32
ORDER granting Stipulation for Extension of Time to File Response/Reply 5 , Defendant Eygn Limited Ernst & Young LLP answer due 7/28/2008; Ernst & Young Advisory Inc answer due 7/28/2008 by Judge David O. Carter (ade)
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| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc.. (Lussier, Kevin) |
| Filing 30 STIPULATION to Continue Scheduling Conference from November 3, 2008 to December 22, 2008 Re: MOTION for Preliminary Injunction re: Second-Filed Action 29 , Order, Set Hearings 9 filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 29 NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Second-Filed Action filed by Plaintiff Entrepreneur Media Inc. Motion set for hearing on 11/10/2008 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Peter Shea, # 3 Exhibit Exhibit A to Declaration of Peter Shea, # 4 Declaration Declaration of Randall Broberg, # 5 Exhibit A to Declaration of Randall Broberg, # 6 Exhibit B to Declaration of Randall Broberg, # 7 Declaration of Michael Adele, # 8 Exhibit A to Declaration of Michael Adele, # 9 Exhibit B to Declaration of Michael Adele, # 10 Request for Judicial Notice, # 11 Exhibit A to Request for Judicial Notice, # 12 Exhibit B to Request for Judicial Notice, # 13 Proposed Order)(Holmes, Michael) |
| Filing 28 ANSWERJURY DEMAND. to Counterclaims of EYGN Limited and Ernst & Young LLP filed by Plaintiff Entrepreneur Media Inc.(Holmes, Michael) |
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Filing 27
ORDER by Judge David O. Carter granting Stipulation for Extension of Time to File Response/Reply 26 . It is ordered that the time for Plaintiff/Counter-defendant Entrepreneur Media, Inc. to file and serve a responsive pleading to the countercliams filed in this action shall be extended form 10/03/08 to 10/14/08/ (db)
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| Filing 26 STIPULATION for Extension of Time to File Response to Counterclaims filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Proposed Order)(Holmes, Michael) |
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Filing 25
ORDER by Judge David O. Carter Granting APPLICATION OF NON-RESIDENT ATTORNEY David Donahue for Leave to Appear Pro Hac Vice. 14 David Donahue to appear on behalf of Defendants Eygn Limited Ernst & Young LLP and Ernst & Young Advisory Inc. Kevin R. Lussier is designated as local counsel. Fee Paid. (nbo)
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Filing 24
ORDER by Judge David O. Carter Granting APPLICATION OF NON-RESIDENT ATTORNEY Craig Mende for Leave to Appear Pro Hac Vice. 13 Craig Mende to appear on behalf of Defendants Eygn Limited and Ernst & Young LLP. Kevin R. Lussier is designated as local counsel. Fee Paid. (nbo)
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Filing 23
ORDER by Judge David O. Carter Granting APPLICATION OF NON-RESIDENT ATTORNEY Betsy Judelson Newman for Leave to Appear Pro Hac Vice. 12 Betsy Judelson Newman to appear on behalf of Defendants Eygn Limited Ernst & Young LLP and Ernst & Young Advisory Inc. Kevin R. Lussier is designated as local counsel. Fee Paid. (nbo)
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Filing 22
ORDER by Judge David O. Carter Granting APPLICATION OF NON-RESIDENT ATTORNEY Grace W. Kang for Leave to Appear Pro Hac Vice. 11 Grace W. Kang to appear on behalf of Defendant Eygn Limited Ernst & Young LLP. Kevin R. Lussier is designated as local counsel. Fee Paid. (nbo)
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| Filing 21 STIPULATION for Extension of Time to File Response to Counterclaims filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Proposed Order)(Holmes, Michael) |
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Filing 20
ORDER by Judge David O. Carter granting re Stipulation for Extending Time to File and Serve Response to Counterclaims 19 . The time for Plaintiff/Counterdefendant Entrepreneur Media, Inc. to file and serve a responsive pleading to the counterclaims filed in this action shall be extended from 09/18/08 to 09/25/08. (db)
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| Filing 19 STIPULATION for Extension of Time to File Response to Counterclaims filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Proposed Order)(Holmes, Michael) |
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Filing 18
ORDER by Judge David O. Carter, GRANTING Stipulation for Extension of Time to File Response/Reply 17 to counterclaim. Response to counterclaim is due 9/18/08. (ade)
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| Filing 17 STIPULATION for Extension of Time to File Response to Counterclaims filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Proposed Order)(Holmes, Michael) |
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Filing 16
ORDER by Judge David O. Carter re: Stipulation for Extension of Time to File Response/Reply 15 . Plaintiff/Counter-defendant to file and serve a response to the counterclaims up to and including September 4, 2008 (kh)
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| Filing 15 STIPULATION for Extension of Time to File Response to Counterclaims filed by Plaintiff Entrepreneur Media Inc. (Attachments: # 1 Proposed Order)(Holmes, Michael) |
| Filing 14 APPLICATION OF NON-RESIDENT ATTORNEY David Donahue for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 13 APPLICATION OF NON-RESIDENT ATTORNEY Craig Mende for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 12 APPLICATION OF NON-RESIDENT ATTORNEY Betsy Judelson Newman for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 11 APPLICATION OF NON-RESIDENT ATTORNEY Grace W. Kang for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Civil Case Initiating Documents. Complaints (such as third-party complaints, amended complaints, complaints in intervention, counterclaims and cross-claims) and other civil case initiating documents shall be filed in the traditional manner rather than electronically pursuant to General Order 08-02 RE: Answer to Complaint (Discovery) 8 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (rrp) |
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Filing 9
ORDER by Judge David O. Carter: Scheduling Conference set for 11/3/2008 08:30 AM before Judge David O. Carter. (kh) (kh).
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| Filing 8 ANSWER to Complaint - (Discovery) 1 AND COUNTERCLAIMS of EYGN Limited and ERNST & YOUNG LLP filed by Defendants Eygn Limited Ernst & Young LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lussier, Kevin) |
| Filing 7 ANSWER to Complaint - (Discovery) 1 filed by Defendant Ernst & Young Advisory Inc.(Lussier, Kevin) |
| Filing 6 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants all defendants, (Lussier, Kevin) |
| Filing 5 STIPULATION for Extension of Time to File Response filed by Defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (Attachments: # 1 Proposed Order)(Lussier, Kevin) |
| Filing 4 FIRST STIPULATION Extending Time to Answer the complaint as to Eygn Limited Ernst & Young LLP answer now due 7/21/2008; Ernst & Young Advisory Inc answer now due 7/21/2008, filed by Defendants Eygn Limited Ernst & Young LLP; Ernst & Young Advisory Inc.(Lussier, Kevin) |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(twdb) (nca). |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by plaintiff Entrepreneur Media Inc, (twdb) (nca). |
| Filing 1 COMPLAINT against defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc.(Filing fee $ 350 paid) Jury Demand., filed by plaintiff Entrepreneur Media Inc.(twdb) (nca). |
| 20 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants Eygn Limited Ernst & Young LLP, Ernst & Young Advisory Inc. (twdb) |
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