Sara M. Lyons v. Fifth Sun Holdings, Inc. et al
| Sara M. Lyons |
| Fifth Sun Holdings, Inc., Gonzales Park, LLC dba Fifth Sun, Amazon.com, Inc., Groupon, Inc. and Gonzales Park, LLC doing business as Fifth Sun |
| Gail Migdal Title |
| 8:2021cv00995 |
| June 6, 2021 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Autumn D Spaeth |
| Josephine L Staton |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.
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| Filing 52 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 ORDER CLOSING) (yl) |
Filing 51
ORDER GRANTING JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Judge Philip S. Gutierrez. IS IS ORDERED AND ADJUDGED that the Parties Joint Stipulation for Dismissal with Prejudice is GRANTED, the Above-Captioned Case is dismissed with prejudice and each Party is to bear its own fees and costs. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (yl)
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| Filing 50 STIPULATION to Dismiss Case pursuant to Settlement filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc.. (Attachments: #1 Proposed Order)(Bakes, Christopher) |
| Filing 49 TEXT ONLY ENTRY (In Chambers) by Judge Philip S. Gutierrez: Please be advised that the Motion to Dismiss #31 is reset to 02/18/22 at 1:30PM, the Motion for Protective Order #37 is reset to 03/18/22 at 1:30PM, and the Final Pretrial Conference is reset to 02/03/23 at 2:30PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
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Filing 48
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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Filing 47
ORDER TRANSFERRING CIVIL ACTION pursuant General Order 21-01. ORDER case transferred from Judge Josephine L. Staton to the calendar of Judge Philip S. Gutierrez for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-cv-00995-PSG (ADSx). Signed by Judge Josephine L. Staton and Judge Philip S. Gutierrez. (aco)
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| Filing 46 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail Migdal Title has been assigned to serve as Panel Mediator. (cp) |
| Filing 45 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Title may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 12/13/2021 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Sara M. Lyons(Gerber, Andrew) |
| Filing 44 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney William W. Mauke to Appear Pro Hac Vice on behalf of Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32225090) #42 by Clerk of Court to Judge Josephine L. Staton. The document is stricken and counsel is ordered to file an amended or corrected document by 11/12/2021. Counsel shall carefully consult the error(s) noted in the Notice of Deficiency #43 and re-file the complete applications no later than 11/12/2021. (jp) |
| Filing 43 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney William W. Mauke to Appear Pro Hac Vice on behalf of Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32225090) #42 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
| Filing 42 [DOCUMENT STRICKEN PER ORDER DATED ON 10/28/2021, SEE DOCKET ENTRY NO. #44 ] - APPLICATION of Non-Resident Attorney William W. Mauke to Appear Pro Hac Vice on behalf of Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32225090) filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc.. (Attachments: #1 Proposed Order) (Bakes, Christopher). Modified on 10/29/2021 (jp). |
| Filing 41 CIVIL TRIAL ORDER for cases assigned to Judge Josephine L. Staton. (mku) |
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Filing 40
ORDER/REFERRAL to ADR Procedure No 2 by Judge Josephine L. Staton. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than December 2, 2022. (mku)
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Filing 39
MINUTES (In Chambers) SCHEDULING ORDER by Judge Josephine L. Staton: On the Court's own motion, the Scheduling Conference set for hearing 10/15/2021, is VACATED and the following schedule is set. Last Day to File a Motion to Add Parties or Amend Pleadings: 12/14/2021. Fact Discovery Cutoff: 5/13/2022. Last Day to File Motions (Excluding Daubert Motions and all other Motions in Limine): 5/27/2022. Last Day to Serve Initial Expert Reports: 5/27/2022. Last Day to Serve Rebuttal Expert Reports: 6/24/2022. Expert Discovery Cutoff: 7/22/2022. Last Day to Conduct Settlement Proceedings: 12/2/2022. Last Day to File Motions in Limine and Daubert Motions: 1/6/2023. Final Pretrial Conference set for 2/3/2023 at 10:30 AM. (See document for further information). (jp)
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| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc... (Bakes, Christopher) |
| Filing 37 NOTICE OF MOTION AND MOTION to Stay pending Protective Order Staying Discovery filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc.. Motion set for hearing on 3/18/2022 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum in Support of Defendants' Motion for Protective Order Staying Discovery, #2 Declaration of Debby Stewart, #3 Proposed Order) (Attorney Christopher J Bakes added to party Amazon.com, Inc.(pty:dft)) (Bakes, Christopher) |
| Filing 36 CERTIFICATE of Interested Parties filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc., (Florence, David) |
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Filing 35
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 10/15/2021 at 10:30 a.m. See Order for details. (mku)
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| Filing 34 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Defendant's Motion to Dismiss #31 by Judge Josephine L. Staton. In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents, it is hereby ORDERED that the document is accepted as filed. However, counsel must consult the Notice to Filer of Deficiencies #33 and file a Notice of Interested Parties no later than **September 3, 2021.** Failure to do so may result in the Motion being STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc #31 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
| Filing 32 SCHEDULING NOTICE by Judge Josephine L. Staton: The Court, on its own motion, hereby continues the hearing on Defendant's Motion to Dismiss Case #31 currently set for February 11, 2022 at 10:30 a.m. to February 18, 2022 at 10:30 a.m. Counsel is reminded to refer to the list of CLOSED motion dates on Judge Statons Procedures and Schedules page prior to filing future motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Amazon.com, Inc., Fifth Sun Holdings, Inc., Gonzales Park, LLC, Groupon, Inc.. Motion set for hearing on 2/11/2022 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Memorandum Memorandum of Points and Authorities) (Attorney David M Florence added to party Amazon.com, Inc.(pty:dft), Attorney David M Florence added to party Groupon, Inc.(pty:dft)) (Florence, David) |
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Filing 30
ORDER GRANTING Defendant Groupon, Inc's Consent Motion for Extension of Time to Answer or Otherwise Plead #29 by Judge Josephine L. Staton as follows: GROUPON, INC. shall have to and including 8/20/2021, to answer, or otherwise respond to, the complaint in this matter. (jp)
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| Filing 29 First NOTICE OF MOTION AND MOTION for Extension of Time to File Answer to Complaint filed by defendant Groupon, Inc.. (Attachments: #1 Proposed Order) (Attorney Christopher J Bakes added to party Groupon, Inc.(pty:dft)) (Bakes, Christopher) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Sara M. Lyons, upon Defendant Groupon, Inc. served on 7/9/2021, answer due 7/30/2021. Service of the Summons and Complaint were executed upon Derrick Hackett, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Gerber, Andrew) |
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Filing 27
ORDER GRANTING Defendants Fifth Sun Holdings, Inc., Gonzales Park, LLC dba Fifth Sun's Consent Motion for Extension of Time to Answer or Otherwise Plead #26 by Judge Josephine L. Staton as follows: FIFTH SUN HOLDINGS, INC. and GONZALEZ PARK, LLC dba FIFTH SUN shall have to and including 8/20/2021. to answer, or otherwise respond to, the complaint in this matter. (jp)
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| Filing 26 First NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 8/20/2021 re Complaint (Attorney Civil Case Opening) #1 filed by defendant Fifth Sun Holdings, Inc., Gonzales Park, LLC. (Attachments: #1 Proposed Order) (Attorney Christopher J Bakes added to party Fifth Sun Holdings, Inc.(pty:dft), Attorney Christopher J Bakes added to party Gonzales Park, LLC(pty:dft)) (Bakes, Christopher) |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Sara Lyons Sara M. Lyons. upon Amazon.com, Inc. waiver sent by Plaintiff on 6/21/2021, answer due 8/20/2021. Waiver of Service signed by James E. Geringer. (Gerber, Andrew) |
| Filing 24 Text Only ORDER GRANTING Petition of Non-Resident Attorney Andrew Gerber to Appear Pro Hac Vice on behalf of Plaintiff Sara M. Lyons #23 pursuant to the Courts directive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 23 PETITION of Non-Resident Attorney Andrew Gerber to Appear Pro Hac Vice on behalf of Plaintiff Sara M. Lyons (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31446670) filed by Plaintiff Sara M. Lyons. (Attachments: #1 Proposed Order) (Raphael, Jordan) |
| Filing 22 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
| Filing 21 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
| Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Amazon.com, Inc.. (jp) |
| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Groupon, Inc. (jp) |
| Filing 18 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Gonzales Park, LLC. (jp) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Fifth Sun Holdings, Inc. (jp) |
| Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew Gerber on behalf of Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) |
| Filing 11 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 , Summons Request #4 , Summons Request #3 , Summons Request[ 6]. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Autumn D. Spaeth. (et) |
| Filing 8 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Sara M. Lyons. (Raphael, Jordan) |
| Filing 7 CERTIFICATE of Interested Parties filed by Plaintiff Sara M. Lyons, (Raphael, Jordan) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Sara M. Lyons. (Raphael, Jordan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31414972 - Fee: $402, filed by Plaintiff Sara M. Lyons. (Attorney Jordan Philip Raphael added to party Sara M. Lyons(pty:pla))(Raphael, Jordan) |
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