Whyte Monkee Productions LLC et al v. Netflix, Inc.
Plaintiff: Whyte Monkee Productions LLC and Timothy Sepi
Defendant: Netflix, Inc.
Case Number: 5:2023cv03438
Filed: July 10, 2023
Court: US District Court for the Northern District of California
Presiding Judge: P Casey Pitts
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1338 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2023 Opinion or Order Filing 21 ORDER by Judge P. Casey Pitts granting #20 Stipulation. Case Management Statement due by 1/4/2024. (nmc, COURT USER) (Filed on 8/29/2023)
August 28, 2023 Opinion or Order Filing 20 STIPULATION WITH PROPOSED ORDER to Extend Deadline for Case Management Statement filed by Netflix, Inc.. (Attachments: #1 Declaration of Emily F> Evitt, #2 Proposed Order)(Evitt, Emily) (Filed on 8/28/2023)
August 21, 2023 Opinion or Order Filing 19 Case Reassigned to Judge P. Casey Pitts. Judge Beth Labson Freeman no longer assigned to the 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. (kab, COURT STAFF) (Filed on 8/21/2023)
August 18, 2023 Opinion or Order Filing 18 ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable P. Casey Pitts in the San Jose Division for all further proceedings.1. All future filings shall bear the initials PCP immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Pitts by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for after November 13, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before November 13, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before September 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. 9. Judge Pitts participates in the Cameras in the Courtroom Pilot Project; hearings and trials in civil cases are thus eligible for video recording upon request and with the consent of the parties and Judge Pitts. Please see the Court's #Pilot Project webpage and # General Order 65 for more information. IT IS SO ORDERED.Dated: 08/18/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg, COURT STAFF) (Filed on 8/18/2023)
August 11, 2023 Opinion or Order Filing 17 ORDER STRIKING #16 MOTION TO REMAND WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 8/11/2023. (blflc3, COURT STAFF) (Filed on 8/11/2023)
August 10, 2023 Opinion or Order Filing 16 ***STRICKEN*** MOTION to Remand filed by Timothy Sepi, Whyte Monkee Productions LLC. Motion Hearing set for 12/7/2023 09:00 AM before Judge Beth Labson Freeman. Responses due by 8/24/2023. Replies due by 8/31/2023. (Attachments: #1 Declaration Tully Declaration with Exhibits, #2 Proposed Order Proposed Order)(Hamilton, Ryan) (Filed on 8/10/2023) Modified on 8/14/2023 (tsh, COURT STAFF).
August 10, 2023 Opinion or Order Filing 15 NOTICE of Appearance by James David Banker (Banker, James) (Filed on 8/10/2023)
August 10, 2023 Opinion or Order Filing 14 NOTICE of Appearance by Ryan Andrew Hamilton on Behalf of Plaintiffs (Hamilton, Ryan) (Filed on 8/10/2023)
August 9, 2023 Opinion or Order Filing 13 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE.Case Management Statement due by 1/4/2024. Initial Case Management Conference set for 1/11/2024 11:00 AM in San Jose, Courtroom 1, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 8/9/2023)
August 7, 2023 Opinion or Order Filing 12 ORDER GRANTING #11 STIPULATION REGARDING BRIEFING SCHEDULE, AS MODIFIED BY THE COURT; RESETTING CASE MANAGEMENT CONFERENCE TO JANUARY 11, 2024. Signed by Judge Beth Labson Freeman on 8/7/2023. (blflc3, COURT STAFF) (Filed on 8/7/2023)
August 4, 2023 Opinion or Order Filing 11 STIPULATION WITH PROPOSED ORDER Stipulation to Briefing Schedule for Remand and Response to Complaint and Continuation of Initial Case Management Conference filed by Netflix, Inc.. (Attachments: #1 Declaration of James D. Berkley in Support of Stipulation to Briefing Schedule for Remand and Response to Complaint and Continuation of Initial Case Management Conference, #2 Proposed Order Granting Stipulation to Briefing Schedule for Remand and Response to Complaint and Continuation of Initial Case Management Conference)(Evitt, Emily) (Filed on 8/4/2023)
July 14, 2023 Opinion or Order Filing 10 STIPULATION to Extend Netflix Time to Respond to Complaint filed by Netflix, Inc.. (Evitt, Emily) (Filed on 7/14/2023)
July 14, 2023 Opinion or Order Filing 9 CERTIFICATE OF SERVICE by Netflix, Inc. re Case Initiating Documents (Evitt, Emily) (Filed on 7/14/2023)
July 13, 2023 Opinion or Order Filing 8 CLERK'S NOTICE REGARDING THE FILING OF AN ACTION REGARDING A COPYRIGHT. The provisions of 17 U.S.C. 508 require the submission of a report to the Register of Copyrights. Please e-file a proposed Report on the Filing or Determination of an Action or Appeal Regarding a Copyright form AO 121 using the event Civil Events Other Filings Other Documents-Copyright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hdj, COURT STAFF) (Filed on 7/13/2023) Modified on 7/13/2023 (hdj, COURT STAFF).
July 13, 2023 Opinion or Order Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 10/12/2023. Initial Case Management Conference set for 10/19/2023 11:00 AM in San Jose, Courtroom 3, 5th Floor. (hdj, COURT STAFF) (Filed on 7/13/2023)
July 13, 2023 Opinion or Order Filing fee: $ 402, receipt number ACANDC-18435981. (hdj, COURT STAFF) (Filed on 7/13/2023)
July 12, 2023 Opinion or Order Filing 6 NOTICE by Netflix, Inc. of Payment of Removal Filing Fees (Evitt, Emily) (Filed on 7/12/2023)
July 12, 2023 Opinion or Order Filing 5 Case assigned to Judge Beth Labson Freeman. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbc, COURT STAFF) (Filed on 7/12/2023)
July 12, 2023 Opinion or Order #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. No judge assignment will be made until filing fee is paid. [err701] Re: #1 Notice of Removal, filed by Netflix, Inc. (ark, COURT STAFF) (Filed on 7/12/2023) Modified on 7/12/2023 (ark, COURT STAFF).
July 11, 2023 Opinion or Order Filing 4 CERTIFICATE OF SERVICE by Netflix, Inc. re #2 Certificate of Interested Entities (Evitt, Emily) (Filed on 7/11/2023)
July 11, 2023 Opinion or Order Filing 3 CERTIFICATE OF SERVICE by Netflix, Inc. re #1 Notice of Removal, (Evitt, Emily) (Filed on 7/11/2023)
July 11, 2023 Opinion or Order Filing 2 Rule 7.1 Disclosures by Netflix, Inc. (Evitt, Emily) (Filed on 7/11/2023)
July 11, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 23CV413161. (Filing Fee $402.00 Paid. Receipt Number ACANDC-18435981). Filed byNetflix, Inc.. (Attachments: #1 Exhibit A - State Court Filings, #2 Declaration of Haley Ly, #3 Declaration of James Berkley, #4 Civil Cover Sheet)(Evitt, Emily) (Filed on 7/11/2023) Modified on 7/12/2023 (mbc, COURT STAFF).
July 11, 2023 Opinion or Order #Electronic filing error. Filing fee not paid. Please pay the filing fee through Pay.gov by clicking on Civil > Other Documents > New Case Filing Fee in CM/ECF. [err701] Re: #1 Notice of Removal, filed by Netflix, Inc. (ark, COURT STAFF) (Filed on 7/11/2023)

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Plaintiff: Whyte Monkee Productions LLC
Represented By: Ryan Andrew Hamilton
Represented By: James David Banker
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Plaintiff: Timothy Sepi
Represented By: Ryan Andrew Hamilton
Represented By: James David Banker
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Defendant: Netflix, Inc.
Represented By: Emily Fenner Evitt
Represented By: James David Berkley
Represented By: Robert H Rotstein
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