Perfect 10, Inc. v. Megaupload Limited et al Featured Case
Plaintiff: Perfect 10, Inc.
Defendant: Megaupload Limited, Kim Schmitz and DOES
Case Number: 3:2011cv00191
Filed: January 31, 2011
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Irma E. Gonzalez
Presiding Judge: Barbara Lynn Major
Nature of Suit: Copyrights
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 13, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2011 Opinion or Order Filing 27 ORDER granting 26 Joint Motion to Dismiss. Csse is dismissed in its entirety, with prejudice pursuant to FRCP 41(a)(1). Clerk directed to close the case. Signed by Judge Irma E. Gonzalez on 10/18/2011. (jah) (av1).
October 14, 2011 Filing 26 Joint MOTION to Dismiss the Case by Megaupload Limited. (Balasubramani, Venkat). (jah).
October 11, 2011 Opinion or Order Filing 25 ORDER granting 23 Joint Motion to Vacate Court's 7/26/2011 Order Granting in Part and Denying in Part Defendant Megaupload Limited's Motion to Dismiss. Signed by Judge Irma E. Gonzalez on 10/8/2011. (jah) (jcj).
September 27, 2011 Filing 24 NOTICE of Change of Address by Eric Benink (Attachments: # 1 Proof of Service)(Benink, Eric) (knb).
September 23, 2011 Filing 23 Joint MOTION to Vacate Court's 7/26/2011 Order by Megaupload Limited. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Venkat Balasubramani)(Balasubramani, Venkat). Modified on 9/26/2011 - Edited motion text. Removed extra attachment descriptions (jah).
September 8, 2011 Opinion or Order Filing 22 ORDER Granting Joint Motion To Extend Deadlines (Re Doc. 21 ): Perfect 10's deadline to file an amended complaint shall be extended to 9/15/2011. Megaupload's deadline to file a responsive pleading or motion to dismiss (or both) shall be 21 days after Perfect 10 files its amended complaint. Signed by Judge Irma E. Gonzalez on 9/8/2011. (mdc)
September 7, 2011 Filing 21 Joint MOTION for Extension of Time to File Amended Complaint by Megaupload Limited. (Balasubramani, Venkat). (jah).
August 26, 2011 Opinion or Order Filing 20 ORDER granting 19 Joint Motion to Set Deadlines. Deadline for Pla to file an amended complaint shall be extended to 9/8/2011. Deadline for Dft Megaupload to file responsive pleading or motion to dismiss (or both) shall be 21 days after Pla files amended complaint. Signed by Judge Irma E. Gonzalez on 8/26/2011. (jah)
August 25, 2011 Filing 19 Joint MOTION for Order Requesting the Court to Set Deadlines for Megaupload Limited to Answer and File a Responsive Pleading by Perfect 10, Inc.. (Attachments: # 1 Proof of Service)(Benink, Eric). (jah).
August 9, 2011 Opinion or Order Filing 18 ORDER granting 17 Joint Motion to Extend Deadlines. Deadline for Plaintiff to file an amended complaint is extended to 8/29/2011. Dft Megaupload'a deadline to file a responsive pleading or motion to dismiss (or both) shall be 21 days after Plaintiff files amended complaint. Signed by Judge Irma E. Gonzalez on 8/9/2011. (jah)
August 8, 2011 Filing 17 Joint MOTION Requesting the Court to Set Deadlines for Megaupload Limited to Answer and File a Responsive Pleading by Perfect 10, Inc.. (Attachments: # 1 Proof of Service)(Benink, Eric). Modified on 8/9/2011 - Corrected motion event (jah).
July 27, 2011 Opinion or Order Filing 16 VACATED PER 25 ORDER DATED 10/11/2011 - ORDER granting in part and denying in part 7 Defendant Megaupload's Motion to Dismiss. Perfect 10's vicarious copyright infringement claim is dismissed without prejudice; Perfect 10's trademark infringement claims are dismissed without prejudice; Perfect 10's publicity rights claim is dismissed without prejudice; Megaupload's motion to dismiss is denied in all other respects. If Perfect 10 wishes to file an amended complaint, it must do so within 21 days of the filing of this Order. Signed by Judge Irma E. Gonzalez on 7/26/2011. (aef) (jcj). Modified on 10/11/2011 Edited to reflect as ordered vacated (jah).
May 19, 2011 Opinion or Order Filing 15 ORDER by Judge Irma E. Gonzalez, Court submits 7 Motion to Dismiss by Megaupload Limited, and will prepare a written order. Motion Hearing scheduled for 5/23/2011 is vacated. (lsf)
May 16, 2011 Filing 14 REPLY to Response to Motion re 7 MOTION to Dismiss filed by Megaupload Limited. (Balasubramani, Venkat). (jah).
May 16, 2011 Filing 13 NOTICE of Appearance by Yuo-Fong C. Amato on behalf of Megaupload Limited (Amato, Yuo-Fong). (jah).
May 16, 2011 Filing 12 NOTICE of Appearance by Richard P Sybert on behalf of Megaupload Limited (Sybert, Richard). (jah).
May 9, 2011 Filing 11 RESPONSE in Opposition re 7 MOTION to Dismiss filed by Perfect 10, Inc.. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit 1 to Request for Judicial Notice, # 3 Exhibit 2 to Request for Judicial Notice, # 4 Declaration of Dr. Norman Zada, # 5 Exhibit 1 to Declaration of Dr. Norman Zada, # 6 Exhibit 2 to Declaration of Dr. Norman Zada, # 7 Exhibit 3 to Declaration of Dr. Norman Zada, # 8 Exhibit 4 to Declaration of Dr. Norman Zada, # 9 Proof of Service)(Benink, Eric). Modified on 5/10/2011 - Edited attachment description (jah).
April 8, 2011 Opinion or Order Filing 10 ORDER finding as moot 8 Joint Motion to Continue Hearing on Motion to Dismiss; granting 9 Amended Joint Motion to Continue Motion to Dismiss Hearing. Hearing set for 4/25/2011 at 10:30am is continued to 5/23/2011 10:30am. Briefing schedule shall be based on the newly-scheduled hearing date. Signed by Judge Irma E. Gonzalez on 4/8/2011. (jah)
April 7, 2011 Filing 9 Amended Joint MOTION to Continue Motion to Dismiss Hearing by Perfect 10, Inc.. (Attachments: # 1 Proof of Service)(Benink, Eric). Modified on 4/7/2011 - Added "Joint" to text (jah).
April 5, 2011 Filing 8 Joint MOTION to Continue Motion to Dismiss Hearing by Perfect 10, Inc.. (Attachments: # 1 Proof of Service)(Benink, Eric). (jah). Modified on 4/8/2011 - Edited motion event (jah).
March 28, 2011 Filing 7 MOTION to Dismiss by Megaupload Limited. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A to the Request for Judicial Notice, # 4 Exhibit B to the Request for Judicial Notice, # 5 Exhibit C to the Request for Judicial Notice, # 6 Declaration of Bram van der Kolk, # 7 Exhibit 1 (van der Kolk Decl.), # 8 Exhibit 2 (van der Kolk Decl.), # 9 Exhibit 3 (van der Kolk Decl.), # 10 Exhibit 4 (van der Kolk Decl.), # 11 Exhibit 5 (van der Kolk Decl.), # 12 Exhibit 6 (van der Kolk Decl.), # 13 Exhibit 7 (van der Kolk Decl.), # 14 Exhibit 8 (van der Kolk Decl.), # 15 Exhibit 9 (van der Kolk Decl.), # 16 Exhibit 10 (van der Kolk Decl.), # 17 Exhibit 11 (van der Kolk Decl.), # 18 Exhibit 12 (van der Kolk Decl.), # 19 Exhibit 13 (van der Kolk Decl.), # 20 Exhibit 14 (van der Kolk Decl.), # 21 Exhibit 15 (van der Kolk Decl.), # 22 Exhibit 16 (van der Kolk Decl.), # 23 Exhibit 17 (van der Kolk Decl.), # 24 Exhibit 18 (van der Kolk Decl.), # 25 Exhibit 19 (van der Kolk Decl.), # 26 Exhibit 20 (van der Kolk Decl.), # 27 Exhibit 21 (van der Kolk Decl.), # 28 Exhibit 22 (van der Kolk Decl.))(Balasubramani, Venkat) (rlu). Modified on 10/11/2011 - Untermed motion and judge association, 7/26/2011 Order ruling on Motion vacated on 10/11/2011 per Order 25 (jah).
March 28, 2011 Filing 6 NOTICE of Party With Financial Interest by Megaupload Limited (Balasubramani, Venkat) (rlu).
March 14, 2011 Filing 5 SUMMONS Returned Executed by Perfect 10, Inc.. Megaupload Limited served on 3/7/2011, answer due 3/28/2011. (Benink, Eric). (jah).
February 14, 2011 Filing 4 NOTICE of Appearance by Venkat Balasubramani on behalf of Megaupload Limited and Kim Schmitz (Balasubramani, Venkat). Modified on 2/14/2011 - Corrected filer and text to add Kim Schmitz (jah).
January 31, 2011 Filing 3 REPORT on the filing or determination of an action or appeal regarding a copyright (ecs) (cap).
January 31, 2011 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ecs) (cap).
January 31, 2011 Filing 1 COMPLAINT with Jury Demand against DOES, Megaupload Limited, Kim Schmitz ( Filing fee $ 350 receipt number 0974-3257303.), filed by Perfect 10, Inc.. (Attachments: # 1 Exhibit 1)The new case number is 3:11-cv-191-IEG-BLM. Judge Irma E. Gonzalez and Magistrate Judge Barbara Lynn Major are assigned to the case. (Eric Benink)(ecs) (cap).

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Plaintiff: Perfect 10, Inc.
Represented By: Eric Benink
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Defendant: Megaupload Limited
Represented By: Venkat Balasubramani
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Defendant: Kim Schmitz
Represented By: Venkat Balasubramani
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Defendant: DOES
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