Fisher v. Particle Media, Inc.
| A. Arthur Fisher |
| Particle Media, Inc. Particle Media, Inc. dba News Break doing business as News Break |
| 3:2021cv08263 |
| October 22, 2021 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Robert M Illman |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 Certification of ADR Session by Mediator Frank Burke: I hereby certify that the parties in this matter held a Mediation session on 3/29/2022. The case settled. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 6/9/2022) |
| Filing 45 STIPULATION of Dismissal filed by A. Arthur Fisher. (Grossbardt, Jonah) (Filed on 5/5/2022) |
Filing 44
ORDER of Dismissal. Signed by Judge Vince Chhabria on 3/25/2022. (vclc2, COURT STAFF) (Filed on 3/25/2022)
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| Filing 43 NOTICE by A. Arthur Fisher of settlement (Grossbardt, Jonah) (Filed on 3/24/2022) |
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Filing 42
Order by Judge Vince Chhabria granting #41 Parties' Stipulation to Continue the Hearing on Defendant's Motion to Dismiss and All Associated Deadlines. Replies due by 4/7/2022. Responses due by 3/31/2022. Motion Hearing set for 5/5/2022 10:00 AM via Zoom before Judge Vince Chhabria. (vclc2, COURT STAFF) (Filed on 3/15/2022)
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| Set/Reset Hearing Mediation Hearing set for 3/24/2022 01:00 PM via Zoom. (af, COURT STAFF) (Filed on 3/11/2022) |
| Filing 41 STIPULATION WITH PROPOSED ORDER re #40 MOTION to Dismiss To continue hearing date filed by A. Arthur Fisher. (Attachments: #1 Proposed Order)(Grossbardt, Jonah) (Filed on 3/10/2022) |
| Filing 40 MOTION to Dismiss filed by Particle Media, Inc.. Motion Hearing set for 4/21/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 3/17/2022. Replies due by 3/24/2022. (Attachments: #1 Declaration Declaration of Zheng Liu, #2 Exhibit Exhibit A - List of some of the 937 copyright enforcement cases filed by Plaintiff's counsels, #3 Exhibit Exhibit B - Email chain among parties re Plaintiff's inability to show photo in question is included in the registration)(Guo, Jingyi) (Filed on 3/3/2022) |
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Filing 39
ORDER by Judge Vince Chhabria granting #21 Motion to Set Aside Default, terminating #20 Motion for Default Judgment as moot, and denying Request for Attorneys' Fees and Costs. (vclc2, COURT STAFF) (Filed on 2/28/2022)
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| Filing 38 CLERK'S NOTICE vacating the hearing scheduled for 2/24/2022, re #20 Motion for Default Judgment, and #21 Motion to Set Aside Default. The Court will issue a written ruling based on the motions and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 2/23/2022) |
| Filing 37 ADR Clerk's Notice Appointing Frank Burke as Mediator. (af, COURT STAFF) (Filed on 2/22/2022) |
| Filing 36 Letter from Defendant Particle Media Inc. . (Liu, Zheng) (Filed on 2/18/2022) |
| Filing 34 CLERK'S NOTICE REQUIRING ADVANCE REGISTRATION OF COUNSEL FOR MOTION HEARING ON 2/24/2022 RE #21 MOTION to Set Aside Default , and #20 First MOTION for Default Judgment by the Court as to PARTICLE MEDIA, INC. dba NEWS BREAK. Motion Hearing set for 2/24/2022, 10:00 AM, via Videoconference Only before Judge Vince Chhabria. 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/vc 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, February 18, 2022, by 10:00 a.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 2/17/2022) |
| Filing 33 Letter from Jonah A. Grossbardt . (Attachments: #1 Exhibit 1 - Invoice)(Grossbardt, Jonah) (Filed on 2/15/2022) |
| CASE REFERRED to Magistrate Judge Robert M. Illman for Discovery (ahm, COURT STAFF) (Filed on 2/9/2022) |
| Filing 35 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 2/9/2022. Case referred to court-sponsored mediation, to be completed within 60 days. CASE REFERRED to a randomly assigned Magistrate Judge for Discovery.In response to the motion to set aside default judgment, by 2/15/2022, plaintiff is ordered to file a letter re whether they continue to take the position the Court should grant the motion for default judgment or set aside default. Defendant's response is due 2/18/2022.Case Schedule: Last day to amend pleadings due by 4/18/2022. Close of Fact Discovery due by 8/29/2022. Opening Reports due by 6/27/2022. Rebuttal Reports due by 7/25/2022. Close of Expert Discovery due by 8/29/2022. Last day to hear Dispositive Motion Hearing set for 10/27/2022, 10:00 AM, in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Final Pretrial Conference set for 1/24/2023, 10:00 AM, in San Francisco, Courtroom 04, 17th Floor. Jury Trial set for 2/6/2023, 08:30 AM, in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Case Management Statement due by 6/29/2022.Further Case Management Conference set for 7/6/2022, 01:00 PM, in San Francisco, - Videoconference Only.Total Time in Court: 11 minutes. Court Reporter: Hearing recorded via Zoom: 1:33 - 144. Plaintiff Attorney: Jonah Grossbardt and Matthew Rollin. Defendant Attorney: Zheng Liu. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 2/9/2022) |
| CASE REFERRED to Mediation. (cmf, COURT STAFF) (Filed on 2/9/2022) |
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Filing 32
CLERK'S NOTICE RESCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Initial Case Management Conference set for 2/9/2022, 01:00 PM, via 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/vc < p |
| Filing 31 NOTICE of Appearance by Matthew Laurence Rollin (Rollin, Matthew) (Filed on 1/25/2022) |
| Filing 30 REPLY (re #21 MOTION to Set Aside Default ) filed byParticle Media, Inc.. (Liu, Zheng) (Filed on 1/21/2022) |
| Filing 29 REPLY (re #20 First MOTION for Default Judgment by the Court as to PARTICLE MEDIA, INC. dba NEWS BREAK ) filed byA. Arthur Fisher. (Grossbardt, Jonah) (Filed on 1/21/2022) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting . (Grossbardt, Jonah) (Filed on 1/19/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #21 MOTION to Set Aside Default ) filed byA. Arthur Fisher. (Attachments: #1 Declaration of Jonah A. Grossbardt in Support, #2 Exhibit 1 - Email of 12.07.2021, #3 Exhibit 2 - Crunchbase Report of Particle Media, #4 Declaration of Jason A. Aquilino in Support, #5 Exhibit 1 - Email thread up to 12.23.2020=, #6 Exhibit 2 - Email thread up to 06.30.2021, #7 Exhibit 3 - Email dated 07.09.2021, #8 Exhibit 4 - Email dated 07.09.2021 from JAA, #9 Declaration of A. Arthur Fisher in Support, #10 Exhibit 1 - Spreadsheet of Deposit Photographs for VA 1-780-902)(Grossbardt, Jonah) (Filed on 1/14/2022) |
| Filing 26 OPPOSITION/RESPONSE (re #20 First MOTION for Default Judgment by the Court as to PARTICLE MEDIA, INC. dba NEWS BREAK ) filed byParticle Media, Inc.. (Attachments: #1 Declaration Zheng Liu, #2 Exhibit List of some of the 937 copyright enforcement cases filed by Plaintiff's counsels, #3 Exhibit Email chain among parties re settlement, #4 Exhibit Email chain among parties re extensions, #5 Exhibit Email chain among parties re Count II being not supported by facts, #6 Exhibit Exhibit E - Original docket text of ECF 13, #7 Exhibit Identical default judgement motion Plaintiff filed in 2GreenEnergy case,, #8 Exhibit Email chain among parties re Plaintiff's inability to show photo in question is included in the registration)(Liu, Zheng) (Filed on 1/11/2022) |
| Filing 25 Corporate Disclosure Statement by Particle Media, Inc. (Guo, Jingyi) (Filed on 1/7/2022) |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Guo, Jingyi) (Filed on 1/7/2022) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Grossbardt, Jonah) (Filed on 1/7/2022) |
| Filing 22 CLERK'S NOTICE RESCHEDULING THE MOTION HEARING FROM 1/27/2022 TO 2/24/2022 RE #20 MOTION for Default Judgment by the Court. Counsel incorrectly filed the motion for a date that is not in compliance with the Local Rules. The motion hearing and briefing schedule is reset to match the hearing and briefing schedule of #21 MOTION to Set Aside Default. Responses due by 1/14/2022. Replies due by 1/21/2022. Motion Hearing set for 2/24/2022 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 1/4/2022) |
| Filing 21 MOTION to Set Aside Default filed by Particle Media, Inc.. Motion Hearing set for 2/24/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/14/2022. Replies due by 1/21/2022. (Attachments: #1 Declaration Zheng Liu, #2 Exhibit A - List of some of the 937 copyright enforcement cases filed by Plaintiff's counsels, #3 Exhibit B - Email chain among parties re settlement, #4 Exhibit C - Email chain among parties re extensions, #5 Exhibit D - Email chain among parties re Count II being not supported by facts, #6 Exhibit E - Original docket text of ECF 13, #7 Exhibit F - Identical default judgement motion Plaintiff filed in 2GreenEnergy case, #8 Exhibit G - Email chain among parties re Plaintiff's inability to show photo in question is included in the registration)(Liu, Zheng) (Filed on 12/31/2021) |
| Filing 20 First MOTION for Default Judgment by the Court as to PARTICLE MEDIA, INC. dba NEWS BREAK filed by A. Arthur Fisher. Motion Hearing set for 1/27/2022 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/11/2022. Replies due by 1/18/2022. (Attachments: #1 Declaration Arthur Fisher Declaration, #2 Declaration Jonah Grossbardt Declaration, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Proposed Order Proposed Order)(Grossbardt, Jonah) (Filed on 12/28/2021) |
| Filing 19 Clerk's Notice ENTRY OF DEFAULT as to defendant Particle Media, Inc. DBA News Break. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #13 ) (jy, COURT STAFF) (Filed on 12/7/2021) |
| Filing 18 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 1/19/2022. Initial Case Management Conference set for 1/26/2022 at 01:00 PM by 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/vc Court Ap pearances: 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. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, January 20th, 2022 by no later than 10:00AM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 12/6/2021) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 12/06/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/6/2021)
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| Filing 16 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now 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 AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shy, COURT STAFF) (Filed on 12/3/2021) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Particle Media, Inc... (Guo, Jingyi) (Filed on 12/3/2021) |
| Filing 14 OPPOSITION (re #13 MOTION for Default by the Clerk as to ) filed by Particle Media, Inc.. (Guo, Jingyi) (Filed on 12/3/2021) Modified on 12/3/2021 (cv, COURT STAFF). |
| Filing 13 MOTION for Entry of Default by the Clerk as to filed by A. Arthur Fisher. (Attachments: #1 Declaration of Jonah A. Grossbardt in Support, #2 Exhibit A - Return of Service, #3 Exhibit B - Email Exchange)(Grossbardt, Jonah) (Filed on 12/3/2021) Modified on 12/3/2021 (cv, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #13 MOTION for Default Judgment by the Clerk as to filed by A. Arthur Fisher (cv, COURT STAFF) (Filed on 12/3/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by A. Arthur Fisher.. (Grossbardt, Jonah) (Filed on 11/3/2021) |
| Filing 11 NOTICE of Appearance by Jingyi Guo (Guo, Jingyi) (Filed on 11/2/2021) |
| Filing 10 NOTICE of Appearance by Jingyi Guo (Guo, Jingyi) (Filed on 11/2/2021) |
| Filing 9 NOTICE of Appearance by Zheng Liu (Liu, Zheng) (Filed on 11/2/2021) |
| Filing 8 SUMMONS Returned Executed by A. Arthur Fisher. Particle Media, Inc. served on 10/26/2021, answer due 11/16/2021. (Grossbardt, Jonah) (Filed on 10/29/2021) |
| Filing 7 Summons Issued as to Particle Media, Inc.. (cv, COURT STAFF) (Filed on 10/25/2021) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/21/2022. Initial Case Management Conference set for 1/28/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cv, COURT STAFF) (Filed on 10/25/2021) |
| Filing 5 Case assigned to Magistrate Judge Alex G. Tse. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/8/2021. (cv, COURT STAFF) (Filed on 10/25/2021) |
| Filing 4 Rule 7.1 Disclosures by A. Arthur Fisher (Grossbardt, Jonah) (Filed on 10/22/2021) |
| Filing 3 Proposed Summons. (Grossbardt, Jonah) (Filed on 10/22/2021) |
| Filing 2 REPORT on the filing or determination of an action regarding a Copyright (cc: form mailed to register). (Grossbardt, Jonah) (Filed on 10/22/2021) |
| Filing 1 COMPLAINT for Copyright Infringement - Injunctive Relief Demanded against Particle Media, Inc. ( Filing fee $ 402, receipt number 0971-16527930.). Filed byA. Arthur Fisher. (Attachments: #1 Exhibit 1 - Registration, #2 Exhibit 2 - Infringement, #3 Civil Cover Sheet)(Grossbardt, Jonah) (Filed on 10/22/2021) |
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| Plaintiff: A. Arthur Fisher | |
| Represented By: | Jonah Adam Grossbardt |
| Represented By: | Matthew Laurence Rollin |
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| Defendant: Particle Media, Inc. Particle Media, Inc. dba News Break doing business as News Break | |
| Represented By: | Zheng Liu |
| Represented By: | Jingyi Guo |
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