Beale v. Redbubble, Inc
| John H Beale |
| Redbubble, Inc. and TP Apparel, LLC a New York Limited Liability Company, individually doing business as teepublic.com |
| 4:2022cv06364 |
| October 21, 2022 |
| US District Court for the Northern District of California |
| San Jose Office |
| Nathanael M Cousins |
| Jeffrey S White |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 12/2/2022. Joint Case Management Statement due by 1/20/2023. Initial Case Management Conference set for 1/27/2023 at 11:00 AM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent to the CRD at jswcrd@cand.uscourts.gov no later than 1/28/2023 at 12:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (kc, COURT STAFF) (Filed on 12/2/2022)
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Filing 38
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 10/25/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 11/25/2022)
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Filing 37
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 11/23/2022)
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Filing 36
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by TP Apparel, LLC.. (Boren, David) (Filed on 11/23/2022)
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Filing 35
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Boren, David) (Filed on 11/23/2022)
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Filing 34
JOINT CASE MANAGEMENT STATEMENT filed by Redbubble, Inc.. (McNutt, Katherine) (Filed on 11/23/2022)
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Filing 33
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Redbubble, Inc... (McNutt, Katherine) (Filed on 11/23/2022)
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Filing 32
Certificate of Interested Entities by TP Apparel, LLC (Boren, David) (Filed on 11/23/2022)
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Filing 31
ANSWER to Amended Complaint byTP Apparel, LLC. (Boren, David) (Filed on 11/23/2022)
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Filing 30
NOTICE of Appearance by David Howard Boren on behalf of Defendant TP Apparel LLC (Boren, David) (Filed on 11/23/2022)
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Filing 29
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John H Beale.. (Abdulla, Karim) (Filed on 11/22/2022)
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Filing 28
NOTICE of Appearance by Karim A. Abdulla as counsel for Plaintiff (Abdulla, Karim) (Filed on 11/22/2022)
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Filing 27
Certificate of Interested Entities by Redbubble, Inc. identifying Corporate Parent Redbubble Limited for Redbubble, Inc.. (McNutt, Katherine) (Filed on 11/18/2022)
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Filing 26
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McNutt, Katherine) (Filed on 11/17/2022)
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Filing 25
NOTICE of Appearance by Katherine E. McNutt (McNutt, Katherine) (Filed on 11/17/2022)
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Filing 24
NOTICE of Appearance by Kenneth Brian Wilson (Wilson, Kenneth) (Filed on 11/1/2022)
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Filing 23
CLERK'S NOTICE ADVANCING Initial Case Management Conference to 11/30/2022, at 10:00 AM by telephone. Joint Case Management Statement due by 11/23/2022. Parties are requested to file a consent or declination to proceed before a magistrate judge by 11/23/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/31/2022)
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Filing 22
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/18/2023. Initial Case Management Conference set for 1/25/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (cv, COURT STAFF) (Filed on 10/21/2022)
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Filing 21
Case transferred in from District of New York Western; Case Number 1:22-cv-00203. Original file certified copy of transfer order and docket sheet received.
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Filing 20
DECISION and ORDER. The court takes no action on Defendant TP Apparel's motion #12 insofar as it seeks to dismiss the action for improper venue and GRANTS the motion #12 as to the alternative request to join in Defendant Redbubble's motion #13 to transfer venue which is GRANTED. The Clerk of Court is instructed to take all steps necessary to transfer this case to the Northern District of California. SO ORDERED. Signed by Hon. Leslie G. Foschio on 10/19/2022. (TAH)Clerk to Follow up (Main Document 20 replaced on 10/19/2022) (TAH). (Main Document 20 replaced on 10/19/2022) (TAH).
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E-Filing Notification: #20 DECISION and ORDER. Main Document 20 replaced on 10/19/2022 to add signature and date on the Decision and Order. (SDW)
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Filing 19
REPLY/RESPONSE to re #13 MOTION to Change Venue filed by Redbubble, Inc. (Bennett, Allyson)
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Filing 18
REPLY/RESPONSE to re #12 MOTION to Change Venue filed by TP Apparel, LLC. (Lesser, Leonard)
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Filing 17
MEMORANDUM in Opposition re #13 MOTION to Change Venue , #12 MOTION to Change Venue filed by John H Beale. (Attachments: #1 Declaration Attorney Declaration (Karim Abdulla) in Opposition to Motion to Transfer, #2 Exhibit Attorney Declaration Exhibit A - Costs of flights from NYC to Buffalo, #3 Exhibit Attorney Declaration Exhibit B - Hotel cost comparisons)(Abdulla, Karim)
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Filing 16
NOTICE by TP Apparel, LLC re #13 MOTION to Change Venue Notice of Joinder to Motion to Transfer Venue by Redbubble, Inc. (Lesser, Leonard)
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Filing 15
TEXT ORDER re #12 MOTION to Change Venue filed by TP Apparel, LLC., #13 MOTION to Change Venue filed by Redbubble, Inc. Responses due by 9/2/2022. Replies due by 9/16/2022. Oral argument at the discretion of the court. Issued by Hon. Leslie G. Foschio on 8/3/2022. (SDW)
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Filing 14
Corporate Disclosure Statement by TP Apparel, LLC identifying Corporate Parent Redbubble, Inc, Corporate Parent Redbubble Limited for TP Apparel, LLC.. (Lesser, Leonard)
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Filing 13
MOTION to Change Venue by Redbubble, Inc. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Allyson R. Bennett, #3 Exhibit Bennett Exhibit 1, #4 Exhibit Bennett Exhibit 2, #5 Exhibit Bennett Exhibit 3, #6 Exhibit Bennett Exhibit 4, #7 Exhibit Bennett Exhibit 5, #8 Exhibit Bennett Exhibit 6, #9 Exhibit Bennett Exhibit 7, #10 Exhibit Bennett Exhibit 8, #11 Exhibit Bennett Exhibit 9, #12 Exhibit Bennett Exhibit 10, #13 Declaration Declaration of James Toy, #14 Exhibit Toy Exhibit A, #15 Exhibit Toy Exhibit B, #16 Exhibit Toy Exhibit C, #17 Exhibit Toy Exhibit D, #18 Exhibit Toy Exhibit E, #19 Text of Proposed Order)(Lesser, Leonard)
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Filing 12
MOTION to Change Venue by TP Apparel, LLC. (Attachments: #1 Declaration Declaration of Thomas Wood In Support of Motion, #2 Memorandum in Support Memorandum of Law in Support of Motion)(Lesser, Leonard)
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Filing 11
TEXT ORDER granting #10 Motion for Pro Hac Vice for Allyson R. Bennett. Issuedby Hon. Leslie G. Foschio on 7/29/2022. (SDW)Clerk to Follow up
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Remark. Copy of Dkt. 11 mailed to Allyson R. Bennett, Durie Tangri LLP, 953 East 3rd Street, Los Angeles, CA 90013 (SDW)
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Filing 10
MOTION to appear pro hac vice on behalf of Allyson R. Bennett ( Filing fee $ 200 receipt number ANYWDC-4638201.) by Redbubble, Inc. (Attachments: #1 Affidavit Attorney Oath, #2 Exhibit Certificate of Good Standing, #3 Affidavit Sponsor Affidavit, #4 Affidavit Civility Oath, #5 Exhibit ECF Registration Form)(Lesser, Leonard)
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Filing 9
Corporate Disclosure Statement by Redbubble, Inc. (Lesser, Leonard)
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ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 8
WAIVER OF SERVICE Returned Executed by John H Beale. TP Apparel, LLC waiver sent on 5/31/2022, answer due 8/1/2022. (Abdulla, Karim)
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Filing 7
TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/22/2022. (WMH)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ)
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Filing 6
ANSWER to #5 Amended Complaint,, by Redbubble, Inc.(Lesser, Leonard)
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Filing 5
AMENDED COMPLAINT against All Defendants, filed by John H Beale. (Attachments: #1 Exhibit Exhibit A - Beale CV, #2 Exhibit Exhibit B - Copyright Registration, #3 Exhibit Exhibit C - Copyright Registration, #4 Exhibit Exhibit D - April 15 2021 correspondence, #5 Exhibit Exhibit E - May 7 2021 correspondence, #6 Exhibit Exhibit F - June 3 2021 correspondence, #7 Exhibit Exhibit G - June 2021 Beale purchase, #8 Exhibit Exhibit H - June 17 2021 correspondence, #9 Exhibit Exhibit I - September 2021 Abdulla purchase, #10 Exhibit Exhibit J - September 2021 Beale purchase, #11 Exhibit Exhibit K - October 21 2021 correspondence)(Abdulla, Karim)
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Filing 4
Report on the Filing or Determination of an Action or Appeal Regarding a Copyright mailed to the Copyright Office. (Attachments: #1 Complaint) (TMK)
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Filing 3
Summons Issued as to Redbubble, Inc. (TMK)
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Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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Filing 2
Original Summons Filed. (Abdulla, Karim)
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Filing 1
COMPLAINT against Redbubble, Inc $ 402 receipt number ANYWDC-4526016, filed by John H Beale. (Attachments: #1 Exhibit Exhibit A - Beale CV, #2 Exhibit Exhibit B - Copyright Registration, #3 Exhibit Exhibit C - Copyright Registration, #4 Exhibit Exhibit D - April 15 2021 correspondence, #5 Exhibit Exhibit E - May 7 2021 correspondence, #6 Exhibit Exhibit F - June 3 2021 correspondence, #7 Exhibit Exhibit G - June 2021 Beale purchase, #8 Exhibit Exhibit H - June 17 2021 correspondence, #9 Exhibit Exhibit I - September 2021 Abdulla purchase, #10 Exhibit Exhibit J - September 2021 Beale purchase, #11 Exhibit Exhibit K - October 21 2021 correspondence, #12 Civil Cover Sheet)(Abdulla, Karim)
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