DK Holdings v. Miva, Inc. et al
Plaintiff: DK Holdings
Defendant: Miva, Inc, Remik Kolodziej, Red Apple Media, Miva Merchant, Inc., Steven Daris, Miva, Inc. and Manuel Ramirez
Undetermined: Knobbe Martens Olson & Bear LLP
Case Number: 3:2016cv00580
Filed: March 7, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Ruben B Brooks
Referring Judge: Andrew G Schopler
2 Judge: Thomas J Whelan
Nature of Suit: Other Statutory Actions
Cause of Action: 18:1030
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2019 Opinion or Order Filing 205 ORDER (AGS): The parties' joint motion to modify the scheduling order (ECF No. #204 ) is granted. The fact discovery completion deadline is reset to May 3, 2019. All other scheduling order dates and provisions remain in effect. Signed by Magistrate Judge Andrew G. Schopler on 04/19/2019. (no document attached) (mjg)
April 18, 2019 Filing 204 Joint MOTION Modify Scheduling Order by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (ag).
April 15, 2019 Filing 203 MOTION to Amend/Correct Scheduling Order and for Leave to File Fourth Amended Complaint by DK Holdings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher W. Arledge, #3 Declaration of Oscar M. Orozco Botello, #4 Exhibit A, #5 Exhibit B)(Arledge, Christopher) (jao).
April 3, 2019 Opinion or Order Filing 202 ORDER: (1) Denying #194 Plaintiff's Motion for Reconsideration; and (2) Denying Without Prejudice Motion for Leave to Amend. Signed by Judge Thomas J. Whelan on 4/3/2019. (jao)
March 22, 2019 Opinion or Order Filing 201 ORDER Granting #200 Motion to Continue Pretrial Dates; Seventh Amended Scheduling Order. Signed by Magistrate Judge Andrew G. Schopler on 3/22/2019. (jao)
March 21, 2019 Filing 200 Joint MOTION to Continue Scheduling Order by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service Certificate of Service)(Cardone, David) (jao).
March 4, 2019 Filing 199 RESPONSE in Opposition re #194 MOTION for Reconsideration re #192 Order on Motion for Partial Summary Judgment,,,,,,,, or, in the Alternative, for Leave to File a Fourth Amended Complaint filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Proof of Service)(Cardone, David) (jao).
February 20, 2019 Opinion or Order Filing 198 ORDER Granting #197 Motion to Continue Pretrial Dates; Sixth Amended Scheduling Order: Final Pretrial Conference reset for 9/9/2019 10:30 AM before Judge Thomas J. Whelan. Proposed Pretrial Order due by 9/3/2019. Signed by Magistrate Judge Andrew G. Schopler on 2/19/2019. (jao)
February 15, 2019 Filing 197 Joint MOTION to Continue Scheduling Order Deadlines by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
January 30, 2019 Filing 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motions Hearing) held on 1/25/2019 before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Amanda M. LeGore. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/20/2019. Redacted Transcript Deadline set for 3/4/2019. Release of Transcript Restriction set for 4/30/2019. (akr)
January 29, 2019 Opinion or Order Filing 195 Fifth Amended Scheduling Order: Final Pretrial Conference set for 5/20/2019 10:30 AM before Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 1/29/2019.(jao)
January 29, 2019 Filing 194 MOTION for Reconsideration re #192 Order on Motion for Partial Summary Judgment,,,,,,,, or, in the Alternative, for Leave to File a Fourth Amended Complaint by DK Holdings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Christopher W. Arledge, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Arledge, Christopher) (jao).
January 25, 2019 Opinion or Order Filing 193 MINUTE ENTRY (AGS): On January 25, 2019, the Court held a hearing on defendants motion to compel (ECF No. #182 ) and plaintiffs motion to reopen discovery (ECF No. #183 ). For the reasons set out on the record, those motions are granted in part and denied in part. A scheduling order will follow. Signed by Magistrate Judge Andrew G. Schopler on 01/25/2019. (CD# 1/25/2019 AGS 19:1:59-2:33; 2:55-2:58). (Plaintiff Attorney Christopher W. Arledge, Oscar Orozco-Botello).(Defendant Attorney David Cardone; Adam Yarbough). (no document attached) (yeb)
January 24, 2019 Opinion or Order Filing 192 ORDER: (1) Denying #161 Defendants' Motion for Partial Summary Judgment on Plaintiff's First and Third Claims for Relief; (2) Granting #162 Defendants' Motion for Partial Summary Judgment on Plaintiff's Sixth Claim for Relief; (3) Denying Without Prejudice Motion for Attorneys' Fees #162 ; and (4) Denying as Moot #150 Plaintiff's Motion for Partial Summary Judgment on The Limitation of Liability Provision. Signed by Judge Thomas J. Whelan on 1/23/2019. (jao)
January 18, 2019 Filing 191 RESPONSE re #185 Order,, Defendants' Choice of Law Brief filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
January 18, 2019 Filing 190 REPLY to Response to Motion re #182 MOTION to Compel Production of Documents and For Sanctions filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration of David D. Cardone, #2 Exhibit 1 and 2, #3 Declaration of Manuel Ramirez, #4 Declaration of Dr. P. Kennedy, #5 Proof of Service)(Cardone, David) (jao).
January 18, 2019 Filing 189 REPLY to Response to Motion re #183 MOTION for Discovery to Re-Open Fact Discovery and Permit the Filing of Dispositive Motions filed by DK Holdings. (Arledge, Christopher) (jao).
January 18, 2019 Filing 188 RESPONSE re #185 Order,, Plaintiff's Brief Regarding Which Law Governs the Parties' 2005 and 2009 Agreements filed by DK Holdings. (Arledge, Christopher) (jao).
January 11, 2019 Filing 187 RESPONSE in Opposition re #182 MOTION to Compel Production of Documents and For Sanctions filed by DK Holdings. (Attachments: #1 Declaration of Remik Kolodziej, #2 Declaration of Christopher W. Arledge, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Arledge, Christopher) (jao).
January 11, 2019 Filing 186 RESPONSE in Opposition re #183 MOTION for Discovery to Re-Open Fact Discovery and Permit the Filing of Dispositive Motions filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration of David Cardone in Support of Opposition, #2 Exhibit A-I, #3 Proof of Service)(Cardone, David) (jao).
January 11, 2019 Opinion or Order Filing 185 ORDER Requiring Parties to State Their Respective Positions on The Applicable Law Governing The Contracts in Question. On or before Friday, January 18, 2019, parties must each file a short brief taking a position as to which law governs the interpretation of the 2005 and 2009 agreements. These briefs are not to exceed five pages. This is not another opportunity to brief Defendants' motion for attorneys' fees. Parties are not to discuss this issue. Any briefing on extraneous matters will be disregarded. Signed by Judge Thomas J. Whelan on 1/11/2019.(jao)
January 8, 2019 Filing 184 NOTICE of Hearing on Motion #183 MOTION for Discovery to Re-Open Fact Discovery and Permit the Filing of Dispositive Motions, #182 MOTION to Compel Production of Documents and For Sanctions : Motion Hearing set for 1/25/2019 02:00 PM in Courtroom 5C before Magistrate Judge Andrew G. Schopler. (no document attached) (yeb)
December 28, 2018 Filing 183 MOTION for Discovery to Re-Open Fact Discovery and Permit the Filing of Dispositive Motions by DK Holdings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Oscar M. Orozco-Botello, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Orozco-Botello, Oscar) (jao).
December 28, 2018 Filing 182 MOTION to Compel Production of Documents and For Sanctions by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Proof of Service)(Cardone, David) (jao).
December 14, 2018 Opinion or Order Filing 181 ORDER Granting #174 Motion. Signed by Magistrate Judge Marc L. Goldman on 12/14/2018. (jao)
December 13, 2018 Filing 180 REPLY to Response to Motion re #174 MOTION Ex Parte Modification of Scheduling Order filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
December 7, 2018 Filing 179 RESPONSE in Opposition re #174 MOTION Ex Parte Modification of Scheduling Order (Per Court Order, Docket No. 178) filed by DK Holdings. (Arledge, Christopher) (jao).
November 28, 2018 Opinion or Order Filing 178 ORDER (MLG): The component of defendants' ex parte motion seeking to reopen discovery (see ECF No. #174 ) is taken under advisement. Plaintiff must file any response by December 7, 2018. Defendants must file any reply by December 14, 2018. Signed by Magistrate Judge Marc L. Goldman on 11/28/2018. (no document attached) (mjg)
November 26, 2018 Opinion or Order Filing 177 ORDER: (1) Denying as Moot #141 Defendants' Motions for Leave to Amend Answers to Second Amended Complaint; (2) Denying #151 Plaintiff's Motion to Bifurcate Claims By and Against Defendant Ramirez; (3) Denying #166 Plaintiff's Motion to Strike Document; and (4) Vacating Pretrial Conference and Related Deadlines. Signed by Judge Thomas J. Whelan on 11/26/2018. (jao)
November 26, 2018 Filing 176 REPLY re #175 Response in Opposition to Motion, #174 MOTION Ex Parte Modification of Scheduling Order filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration Declaration of David Cardone ISO Ex Parte, #2 Proof of Service)(Cardone, David) (jao).
November 22, 2018 Filing 175 RESPONSE in Opposition re #174 MOTION Ex Parte Modification of Scheduling Order filed by DK Holdings. (Arledge, Christopher) (jao).
November 21, 2018 Filing 174 MOTION Ex Parte Modification of Scheduling Order by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration Declaration of David Cardone in Support of Ex Parte, #2 Exhibit Exhibits 1-10 to Cardone Declaration ISO Ex Parte, #3 Exhibit Exhibit A to Ex Parte- Proposed Motion to Compel, #4 Declaration Declaration of Dr. Kennedy ISO Motion to Compel, #5 Declaration Declaration of D. Cardone ISO Motion to Compel, #6 Exhibit Exhibits A-Q to Cardone Declaration ISO Motion to Compel, #7 Proof of Service Proof of Service)(Cardone, David) (jao).
November 5, 2018 Filing 173 REPLY to Response to Motion re #162 MOTION for Partial Summary Judgment on Plaintiff's Sixth Cause of Action for Breach of Contract filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Evidentiary Objections, #3 Statement of Facts, #4 Proof of Service)(Cardone, David) (jao).
November 5, 2018 Filing 172 REPLY to Response to Motion re #161 MOTION for Partial Summary Judgment on Plaintiff's First and Third Causes of Action filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration Declaration of R. Wilson, #2 Evidentiary Objections, #3 Statement of Facts, #4 Proof of Service)(Cardone, David) (jao).
November 5, 2018 Filing 171 REPLY to Response to Motion re #166 MOTION to Strike Document #155 Answer to Amended Complaint,, Counterclaim, #156 Answer to Complaint, Counterclaim filed by DK Holdings. (Arledge, Christopher) (jao).
October 29, 2018 Filing 170 RESPONSE in Opposition re #162 MOTION for Partial Summary Judgment on Plaintiff's Sixth Cause of Action for Breach of Contract filed by DK Holdings. (Attachments: #1 Declaration of Christopher W. Arledge, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 81, #7 Exhibit 95, #8 Exhibit 133, #9 Declaration of Remik Kolodziej, #10 Exhibit 5)(Arledge, Christopher) (jms).
October 29, 2018 Filing 169 RESPONSE in Opposition re #161 MOTION for Partial Summary Judgment on Plaintiff's First and Third Causes of Action filed by DK Holdings. (Attachments: #1 Declaration of Remik Kolodziej, #2 Exhibit 86, #3 Exhibit 87, #4 Exhibit 102, #5 Exhibit 107)(Arledge, Christopher) (jms).
October 29, 2018 Filing 168 RESPONSE in Opposition re #166 MOTION to Strike Document #155 Answer to Amended Complaint,, Counterclaim, #156 Answer to Complaint, Counterclaim filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration Declaration of David D. Cardone ISO Opposition to Motion to Strike, #2 Proof of Service)(Cardone, David) (jms).
October 15, 2018 Opinion or Order Filing 167 ORDER (MLG): On October 15, 2018, the Court held a mandatory settlement conference. The case did not settle. Signed by Magistrate Judge Marc L. Goldman on 10/15/2018.(no document attached) (mjg)
September 26, 2018 Filing 166 MOTION to Strike Document #155 Answer to Amended Complaint,, Counterclaim, #156 Answer to Complaint, Counterclaim by DK Holdings. (Attachments: #1 Memo of Points and Authorities)(Arledge, Christopher) (jao).
September 24, 2018 Filing 165 REPLY to Response to Motion re #151 MOTION to Bifurcate the Claims by and against Defendant Manuel Ramirez filed by DK Holdings. (Arledge, Christopher)(jao).
September 24, 2018 Filing 164 Joint Statement of Undisputed Material Facts by DK Holdings, re #150 MOTION for Partial Summary Judgment as to the Limitation of Liability Provision . (Arledge, Christopher) (jao).
September 24, 2018 Filing 163 REPLY to Response to Motion re #150 MOTION for Partial Summary Judgment as to the Limitation of Liability Provision filed by DK Holdings. (Arledge, Christopher) (jao).
September 21, 2018 Filing 162 MOTION for Partial Summary Judgment on Plaintiff's Sixth Cause of Action for Breach of Contract by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Memo of Points and Authorities Memorandum of P&A in Support of Motion, #2 Declaration Declaration of Rick Wilson in Support of Motion, #3 Proof of Service Proof of Service)(Cardone, David) (jao).
September 21, 2018 Filing 161 MOTION for Partial Summary Judgment on Plaintiff's First and Third Causes of Action by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Memo of Points and Authorities Memorandum of P&A, #2 Declaration Declaration of David Cardone in Support of Motion for Partial Summary Judgment, #3 Declaration Declaration of Rick Wilson in Support of Motion for Partial Summary Judgment, #4 Proof of Service Proof of Service)(Cardone, David) (jao).
September 17, 2018 Filing 160 RESPONSE in Opposition re #151 MOTION to Bifurcate the Claims by and against Defendant Manuel Ramirez filed by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Evidentiary Objection to Motion to Bifurcate, #2 Declaration Declaration of David Cardone in Support of Defendant's Opposition to Plaintiff's Motion to Bifurcate, #3 Proof of Service Proof of Service)(Cardone, David) (jao).
September 17, 2018 Filing 159 RESPONSE in Opposition re #150 MOTION for Partial Summary Judgment as to the Limitation of Liability Provision filed by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Declaration Declaration of Rick Wilson in Support of Opposition, #2 Proof of Service Proof of Service)(Cardone, David) (jao).
September 10, 2018 Filing 158 REPLY to Response to Motion re #141 MOTION for Leave to File Amended Answer and to Add CounterClaim filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Evidentiary Objections to Opposition to Motion for Leave to Amend Answer and Add Counterclaim, #2 Declaration, #3 Proof of Service)(Cardone, David) (jao).
September 10, 2018 Filing 157 REPLY to Response to Motion re #142 MOTION for Leave to File Amended Answer filed by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Proof of Service)(Cardone, David) (jao).
September 5, 2018 Filing 156 ANSWER to Complaint with Jury Demand to Third Amend Complaint, COUNTERCLAIM against DK Holdings by Miva, Inc., Miva Merchant, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
September 5, 2018 Filing 155 Manuel Ramirez's ANSWER to #148 Amended Complaint , COUNTERCLAIM against DK Holdings, Red Apple Media, Steven Daris, Remik Kolodziej by Manuel Ramirez, Miva, Inc., Miva Merchant, Inc.. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
August 31, 2018 Filing 154 RESPONSE in Opposition re #142 MOTION for Leave to File Amended Answer filed by DK Holdings. (Arledge, Christopher) (jao).
August 31, 2018 Filing 153 RESPONSE in Opposition re #141 MOTION for Leave to File Amended Answer and to Add CounterClaim filed by DK Holdings. (Attachments: #1 Declaration of Christopher W. Arledge)(Arledge, Christopher) (jao).
August 27, 2018 Opinion or Order Filing 152 ORDER (CEA): The parties' joint motion (ECF No. #149 ) is granted. The October 4, 2018 Mandatory Settlement Conference is vacated and rescheduled for October 15, 2018, at 9:00 a.m. Confidential settlement statements must be submitted by October 8, 2018. Signed by Magistrate Judge Clinton E. Averitte on 08/27/2018. (no document attached) (mjg)
August 24, 2018 Filing 149 Joint MOTION to Continue by Miva, Inc.. (Additional attachment(s) added on 11/13/2018: #1 Proof of Service) (yeb). Modified on 11/13/2018 (yeb). Modified on 11/13/2018 (yeb).
August 24, 2018 Filing 151 MOTION to Bifurcate the Claims by and against Defendant Manuel Ramirez by DK Holdings. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Christopher W. Arledge, #3 Declaration of Remik Kolodziej)(Arledge, Christopher) (acc).
August 24, 2018 Filing 150 MOTION for Partial Summary Judgment as to the Limitation of Liability Provision by DK Holdings. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Christopher W. Arledge, #3 Exhibit A, #4 Exhibit B, #5 Exhibit 103, #6 Declaration of Steven Daris, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 76, #10 Exhibit 78)(Arledge, Christopher) (acc).
August 22, 2018 Filing 148 AMENDED COMPLAINT with Jury Demand (Third Amended Complaint) against All Defendants, filed by DK Holdings. (Attachments: #1 Demand for Jury Trial) (Arledge, Christopher) (jao).
August 20, 2018 Opinion or Order Filing 147 ORDER Granting #144 Joint Motion for Leave to File Third Amended Complaint. Signed by Judge Thomas J. Whelan on 8/20/2018. (jao)
August 20, 2018 Opinion or Order Filing 146 ORDER (CEA): The parties' joint motion (ECF No. #143 ) is granted. The September 13, 2018 Mandatory Settlement Conference is vacated and rescheduled for October 4, 2018, at 9:00 a.m. Confidential settlement statements must be submitted by September 27, 2018. Signed by Magistrate Judge Clinton E. Averitte on 08/20/2018. (no document attached) (mjg)
August 20, 2018 Opinion or Order Filing 145 ORDER Denying #139 Defendants' Motion for Discovery. Signed by Magistrate Judge Clinton Averitte on 8/20/2018. (jao)
August 17, 2018 Filing 144 Joint MOTION for Leave to File Third Amended Complaint for Purpose of Dismissing Trade Secret Claim against Defendants Miva, Inc. and Miva Merchant, Inc. Only and Stipulation by DK Holdings. (Arledge, Christopher) (jao).
August 17, 2018 Filing 143 Joint MOTION to Continue Mandatory Scheduling Conference and Stipulation by DK Holdings. (Arledge, Christopher) (jao).
August 17, 2018 Filing 142 MOTION for Leave to File Amended Answer by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit A, #3 Exhibit B, #4 Declaration, #5 Proof of Service)(Cardone, David) (jao).
August 16, 2018 Filing 141 MOTION for Leave to File Amended Answer and to Add CounterClaim by Manuel Ramirez. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Declaration, #6 Proof of Service)(Cardone, David) (jao).
July 24, 2018 Opinion or Order Filing 140 ORDER For Supplemental Briefing. Signed by Magistrate Judge Clinton Averitte on 7/24/2018.(jao)
July 16, 2018 Filing 139 Ex Parte MOTION for Discovery Re: Production of Financial Records by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Proof of Service)(Cardone, David) (jao).
June 22, 2018 Filing 138 ANSWER to #134 Answer to Amended Complaint,, Counterclaim, by DK Holdings.(Arledge, Christopher) (jao).
June 22, 2018 Opinion or Order Filing 137 Fourth Amended Scheduling Order; and Order Granting #136 Motion. Mandatory Settlement Conference set for 9/13/2018 09:00 AM before Magistrate Judge Clinton Averitte. Proposed Pretrial Order due by 12/28/2018. Final Pretrial Conference set for 1/7/2019 10:30 AM before Judge Thomas J. Whelan. Signed by Magistrate Judge Clinton Averitte on 6/22/2018. (jao)
June 14, 2018 Filing 136 Joint MOTION Extend Expert Discovery Deadlines by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Proof of Service)(Cardone, David) (jao).
May 23, 2018 Filing 135 ANSWER to Complaint with Jury Demand by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
May 23, 2018 Filing 134 Miva, Inc. and Miva Merchant, Inc.'s ANSWER to #133 Amended Complaint , COUNTERCLAIM against DK Holdings by Miva Merchant, Inc., Manuel Ramirez, Miva, Inc.. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
April 18, 2018 Filing 133 AMENDED COMPLAINT with Jury Demand (Second Amended) against All Defendants, filed by DK Holdings. (Attachments: #1 Demand for Jury Trial) (Arledge, Christopher) (jao).
April 18, 2018 Opinion or Order Filing 132 ORDER Granting #131 Joint Motion for Leave to File Second Amended Complaint. Signed by Judge Thomas J. Whelan on 4/18/2018. (jao)
April 16, 2018 Filing 131 Joint MOTION for Leave to File to file Second Amended Complaint and Stipulation by DK Holdings. (Attachments: #1 Exhibit A)(Arledge, Christopher) (jao).
April 13, 2018 Opinion or Order Filing 130 ORDER (AGS): The parties' joint motion to extend fact discovery (ECF No. #129 ) is granted. The fact discovery cutoff is extended to June 29, 2018. All other dates and provisions in the Third Amended Scheduling Order (ECF No. #118 ) remain unchanged. Signed by Magistrate Judge Andrew G. Schopler on 4/13/18. (no document attached) (jrg)
April 12, 2018 Filing 129 Joint MOTION for Extension of Time to Complete Discovery by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Declaration, #3 Proof of Service)(Cardone, David) (ajs).
April 6, 2018 Opinion or Order Filing 128 ORDER (AGS): The parties' joint motion (ECF No. #127 ) is granted. The April 24, 2018 Mandatory Settlement Conference is vacated and rescheduled for July 12, 2018, at 9:00 a.m. Signed by Magistrate Judge Andrew G. Schopler on 4/6/18. (no document attached) (jrg)
April 3, 2018 Filing 127 Joint MOTION to Continue April 24, 2018 Settlement Conference by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Proof of Service)(Cardone, David) (jao).
March 9, 2018 Opinion or Order Filing 126 ORDER (AGS): The parties' joint motion (ECF No. #125 ) is granted. Miva may file a motion to compel responses to its first set of interrogatories and requests for admission by April 9, 2018. Signed by Magistrate Judge Andrew G. Schopler on 3/9/18. (no document attached) (jrg)
March 6, 2018 Filing 125 Joint MOTION for Discovery Unopposed Motion for an Extension of Time for Miva to File a Motion to Compel by Miva Merchant, Inc., Miva, Inc., Manuel Ramirez. (Attachments: #1 Declaration, #2 Proof of Service)(Cardone, David)Attorney David D. Cardone added to party Manuel Ramirez(pty:dft) (jao).
February 16, 2018 Filing 124 Summons Issued on First Amended Complaint. 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. (jao)
February 12, 2018 Opinion or Order Filing 123 ORDER (AGS): The parties' joint motion (ECF No. #122 ) is granted. The February 28, 2018 Mandatory Settlement Conference is vacated and rescheduled for April 24, 2018, at 9:00 a.m. Confidential settlement statements must be submitted by April 17, 2018. Signed by Magistrate Judge Andrew G. Schopler on 2/12/18. (no document attached) (jrg)
February 9, 2018 Filing 122 Joint MOTION to Continue Mandatory Settlement Conference and Stipulation by DK Holdings. (Arledge, Christopher) (jao).
February 7, 2018 Filing 121 NOTICE of Appearance by Oscar M Orozco-Botello on behalf of DK Holdings (Orozco-Botello, Oscar)Attorney Oscar M Orozco-Botello added to party DK Holdings(pty:cd), Attorney Oscar M Orozco-Botello added to party DK Holdings(pty:cd), Attorney Oscar M Orozco-Botello added to party DK Holdings(pty:pla) (jao).
January 31, 2018 Filing 120 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by DK Holdings. (Attachments: #1 Demand for Jury Trial) (Arledge, Christopher) (jao).
January 31, 2018 Opinion or Order Filing 119 ORDER granting #116 Joint Motion for Leave to File First Amended Complaint. Signed by Judge Thomas J. Whelan on 1/31/2018. (anh)
January 31, 2018 Opinion or Order Filing 118 Third Amended SCHEDULING ORDER: Mandatory Settlement Conference set for 2/28/2018 09:00 AM before Magistrate Judge Andrew G. Schopler. Final Pretrial Conference set for 1/7/2019 10:30 AM before Judge Thomas J. Whelan. Signed by Magistrate Judge Andrew G. Schopler on 1/31/2018.(anh)
January 31, 2018 Opinion or Order Filing 117 ORDER (AGS): The parties' joint motion to amend the scheduling order (ECF No. #115 ) is granted in part and denied in part. An amended scheduling order will follow. Signed by Magistrate Judge Andrew G. Schopler on 1/31/18. (no document attached) (jrg)
January 29, 2018 Filing 116 Joint MOTION for Leave to File First Amended Complaint and Stipulation by DK Holdings. (Attachments: #1 Exhibit A)(Arledge, Christopher) (ajs).
January 29, 2018 Filing 115 Joint MOTION to Amend/Correct #110 Scheduling Order, #23 Scheduling Order, and Stipulation by DK Holdings. (Arledge, Christopher)Attorney Christopher W Arledge added to party DK Holdings(pty:cd), Attorney Christopher W Arledge added to party DK Holdings(pty:cd), Attorney Christopher W Arledge added to party DK Holdings(pty:pla) (ajs).
December 7, 2017 Filing 114 NOTICE of Attorneys' Lien by Knobbe Martens Olson & Bear LLP (Katzenellenbogen, Benjamin)Attorney Benjamin A. Katzenellenbogen added to party Knobbe Martens Olson & Bear LLP(pty:misc) (jao).
November 9, 2017 Opinion or Order Filing 113 ORDER Granting #112 Motion to Substitute Attorney. One LLP is now counsel of record for DK Holdings in place of Knobbe, Martens, Olson & Bear LLP. Signed by Judge Thomas J. Whelan on 11/9/2017. (jao)
October 30, 2017 Filing 112 MOTION to Substitute Attorney by DK Holdings. (Afrasiabi, Peter)Attorney Peter Afrasiabi added to party DK Holdings(pty:pla) (jao).
October 19, 2017 Opinion or Order Filing 111 MINUTE ENTRY and ORDER (AGS): As the Court requested (ECF No. 109 ), the parties contacted chambers to reschedule the mandatory settlement conference. The MSC is reset for February 28, 2018, at 9:00 a.m. The parties must submit confidential settlement statements to chambers by February 21, 2018. Signed by Magistrate Judge Andrew G. Schopler on 10/19/17.(no document attached) (jrg) (jao).
October 12, 2017 Opinion or Order Filing 110 Second Amended SCHEDULING ORDER: Proposed Pretrial Order due by 12/3/2018. Final Pretrial Conference reset for 12/10/2018 at 10:30 a.m. before Judge Thomas J. Whelan. Signed by Magistrate Judge Andrew G. Schopler on 10/11/2017.(ajs)
October 11, 2017 Opinion or Order Filing 109 ORDER (AGS): The Court held a telephonic status conference on October 11, 2017, at 10:00 a.m. regarding discovery. An amended scheduling order will follow. The parties are ordered to meet and confer to determine a date for the mandatory settlement conference. No later than Wednesday, October 18, 2017, the parties must submit a joint email to chambers proposing three dates for the MSC.(CD# AGS 10/11/17). (no document attached) (jrg) (jao).
October 2, 2017 Opinion or Order Filing 108 ORDER (AGS): In light of the Court's order denying plaintiff's motion to enforce a settlement agreement (ECF No. #104 ), the parties are ordered to jointly call in for a telephonic status conference on 10/11/17 at 10:00 a.m. Plaintiff shall initiate the joint call to chambers, but any party not contacted by plaintiff has an independent duty to contact chambers by 10:00 a.m. Signed by Magistrate Judge Andrew G. Schopler on 10/02/17.(no document attached) (jrg)
September 28, 2017 Opinion or Order Filing 104 ORDER: (1) Granting #96 , #99 , #102 Motions to File Documents Under Seal and (2) Denying #66 Plaintiff's Motion to Enforce A Settlement Agreement. Signed by Judge Thomas J. Whelan on 9/28/2017. (All Counsel served via U.S. Mail Service)(aef).
September 25, 2017 Filing 103 ***FILED AS SEALED DOCUMENT ON 9/28/2017*** - SEALED LODGED Proposed Document re: #102 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Cardone, David) (aef). (Main Document 103 replaced on 9/28/2017) (aef). Modified on 9/28/2017 to add lodgment file date (aef).
September 25, 2017 Filing 102 MOTION to File Documents Under Seal (With attachments)(Cardone, David) (aef).
September 22, 2017 Filing 101 CERTIFICATE OF SERVICE by Miva Merchant, Inc., Miva, Inc. re #99 MOTION to File Documents Under Seal (Cardone, David) (jao).
September 21, 2017 Filing 100 ***FILED AS SEALED DOCUMENT ON 9/28/2017*** - SEALED LODGED Proposed Document re: #99 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Cardone, David) (aef). (Main Document 100 replaced on 9/28/2017) (aef). Modified on 9/28/2017 to add lodgment file date (aef).
September 21, 2017 Filing 99 MOTION to File Documents Under Seal (Cardone, David) Modified on 9/22/2017- QC mailer sent re missing certificate of service (aef).
September 18, 2017 Filing 98 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motions Hearing) held on 4/4/2017, before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Cynthia R. Ott. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/10/2017. Redacted Transcript Deadline set for 10/19/2017. Release of Transcript Restriction set for 12/18/2017. (akr)
September 8, 2017 Filing 97 ***FILED AS SEALED DOCUMENT ON 9/28/2017*** - SEALED LODGED Proposed Document re: #96 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Katzenellenbogen, Benjamin) (aef). (Main Document 97 replaced on 9/28/2017) (aef). Modified on 9/28/2017 to add lodgment file date (aef).
September 8, 2017 Filing 96 MOTION to File Documents Under Seal (Katzenellenbogen, Benjamin) (aef).
August 25, 2017 Opinion or Order Filing 95 REPORT AND RECOMMENDATION re #66 MOTION for Order filed by DK Holdings. Objections to R&R due by 9/8/2017. A party may respond to any objection within 14 days of receiving it. Signed by Magistrate Judge Andrew G. Schopler on 8/25/2017.(yeb)
May 2, 2017 Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 4/19/2017, before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/23/2017. Redacted Transcript Deadline set for 6/2/2017. Release of Transcript Restriction set for 7/31/2017. (akr)
April 19, 2017 Filing 93 MINUTE ORDER AGS: A Motion hearing was held on 4/19/2017. The MOTION to Compel Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents filed by Miva, Inc. #71 is denied without prejudice per reasons stated on the record. (CD# 4/19/2017 AGS 17:12:58-1:54; 2:01-2:06). (Plaintiff Attorney Benjamin A. Katzenellenbogen).(Defendant Attorney David D. Cardone). (no document attached) (yeb)
April 12, 2017 Filing 92 RESPONSE in Support re #71 MOTION for Hearing MOTION to Compel Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents filed by Miva Merchant, Inc.. (Attachments: #1 Declaration of David Cardone iso, #2 Proof of Service iso)(Cardone, David) (jao).
April 7, 2017 Opinion or Order Filing 91 ORDER (AGS): This Court's April 7, 2017 Order [Doc. #90 ] does not affect the briefing or hearing date of the currently pending motion to compel. Signed by Magistrate Judge Andrew G. Schopler on 04/07/2017.(no document attached) (mxa)
April 7, 2017 Opinion or Order Filing 90 ORDER Granting #70 Motion to Stay. All discovery is stayed pending this Court's ruling on the motion to enforce the settlement. Signed by Magistrate Judge Andrew G. Schopler on 4/7/2017. (jao)
April 5, 2017 Filing 89 RESPONSE in Opposition re #71 MOTION for Hearing MOTION to Compel Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents filed by DK Holdings. (Attachments: #1 Declaration and Exhibits 1-18)(Katzenellenbogen, Benjamin) (jao).
April 4, 2017 Filing 88 Minute Order for proceedings held before Magistrate Judge Andrew G. Schopler: Motion Hearing held on 4/4/2017 re #66 MOTION for Order to Enforce Settlement filed by DK Holdings and #70 MOTION to Stay Discovery filed by DK Holdings. Attorneys Michael K. Freidland and Benjamin A. Katzenellenbogen appeared on behalf of the Plaintiffs. Attorneys David D. Cardone and Kevin V. DeSantis appeared on behalf of the defendants. Motion for Order to Enforce Settlement #66 and #70 MOTION to Stay Discovery filed by DK Holdings are deemed submitted. Order to follow. (CD# 4/4/2017 AGS 17:1:30-2:11; 2:56-3:26). (Plaintiff Attorney Michael K. Freidland; Benjamin A. Katzenellenbogen).(Defendant Attorney David D. Cardone; Kevin V. DeSantis). (no document attached) (yeb)
March 30, 2017 Opinion or Order Filing 87 ORDER Granting #71 Motion. Due to the Court's calendar, the hearings on the motion to enforce [Doc. 66] and the motion to stay discovery [Doc. 70] are reset together to April 4, 2017, at 1:30 p.m. Signed by Magistrate Judge Andrew G. Schopler on 3/30/2017. (jao)
March 29, 2017 Opinion or Order Filing 85 ORDER granting Plaintiff's #81 Motion to File Documents Under Seal. Clerk is directed to seal Docket Entry #82 from all non-case participants. Signed by Magistrate Judge Andrew G. Schopler on 3/29/2017. (jah)
March 28, 2017 Filing 84 REPLY to Response to Motion re #70 MOTION to Stay Discovery filed by DK Holdings. (Attachments: #1 Declaration of Benjamin A. Katzenellenbogen and Exhibits A-H)(Katzenellenbogen, Benjamin) (jao).
March 28, 2017 Filing 83 REPLY to Response to Motion re #66 MOTION to Enforce the Parties' Settlement Agreement (Redacted) filed by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
March 28, 2017 Filing 82 [FILED AS SEALED DOCUMENT ON 3/29/2017] SEALED LODGED Proposed Document re: #81 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Katzenellenbogen, Benjamin). (jah). (Main Document 82 replaced on 3/30/2017) (jah). Modified on 3/30/2017 - Added file date of lodgment (jah).
March 28, 2017 Filing 81 MOTION to File Documents Under Seal (Katzenellenbogen, Benjamin). (jah).
March 22, 2017 Opinion or Order Filing 79 ORDER Granting #75 Motion. The April 4, 2017 hearing on the motion to compel is continued to April 19, 2017, at 1:00 p.m. However, the Court will still hold the hearing on the motion to enforce on April 4, 2017. Signed by Magistrate Judge Andrew G. Schopler on 3/22/2017. (jao)
March 22, 2017 Opinion or Order Filing 78 ORDER Granting #72 Motion. Signed by Magistrate Judge Andrew G. Schopler on 3/21/2017. (jao)
March 21, 2017 Filing 77 RESPONSE in Opposition re #70 MOTION to Stay Discovery filed by Miva, Inc.. (Attachments: #1 Declaration Decl. Of DDC ISO Oppo to Motion to Stay Discovery, #2 Proof of Service Cert of Service)(Cardone, David) (jao).
March 21, 2017 Filing 76 RESPONSE in Opposition re #66 MOTION to Enforce the Parties' Settlement Agreement filed by Miva, Inc.. (Attachments: #1 Declaration DeSantis Decl. ISO Oppo to Plaintiff's Motion to Enforce Settlement, #2 Declaration Cardone Decl. ISO Oppo to Plaintiff's Motion to Enforce Settlement, #3 Declaration Walt Decl. ISO Oppo to Plaintiff's Motion to Enforce Settlement, #4 Declaration Wilson Decl. ISO Oppo to Plaintiff's Motion to Enforce Settlement, #5 Proof of Service Cert of Service)(Cardone, David) (jao).
March 21, 2017 Filing 75 Ex Parte MOTION Continuation of Hearing Date for Pending Motion to Compel by Miva, Inc.. (Attachments: #1 Declaration Declaration of David Cardone in Support of Miva's Ex Parte to Continue Hearing Date for Pending Motion to Compel, #2 Proof of Service Proof of Service)(Cardone, David) (jao).
March 15, 2017 Filing 74 AFFIDAVIT in Support re #72 Ex Parte MOTION for Protective Order to Continue Third Party Depositions (Supplemental Declaration) filed by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
March 14, 2017 Filing 73 AFFIDAVIT in Opposition re #72 Ex Parte MOTION for Protective Order to Continue Third Party Depositions filed by Miva, Inc.. (Attachments: #1 Declaration Declaration of David Cardone, #2 Proof of Service Certificate of Service)(Cardone, David) (jao).
March 10, 2017 Filing 72 Ex Parte MOTION for Protective Order to Continue Third Party Depositions by DK Holdings. (Attachments: #1 Declaration of Benjamin A. Katzenellenbogen and Exhibits A - I)(Katzenellenbogen, Benjamin) (jao).
February 24, 2017 Filing 71 MOTION for Hearing , MOTION to Compel Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents by Miva, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Defendants' Motion to Compel, #2 Declaration of D. Cardone ISO Defendants' Motion to Compel, #3 Exhibit Exhibits A-F to Declaration of D. Cardone, #4 Proof of Service Certificate of Service)(Cardone, David) (jao).
February 23, 2017 Filing 70 MOTION to Stay Discovery by DK Holdings. (Attachments: #1 Memo of Points and Authorities)(Katzenellenbogen, Benjamin) (jao).
February 23, 2017 Opinion or Order Filing 68 ORDER granting #64 Motion to File Documents Under Seal. Signed by Magistrate Judge Andrew G. Schopler on 2/23/2017. (sjt)
February 22, 2017 Filing 67 NON Opposition re #64 MOTION to File Documents Under Seal filed by Miva, Inc.. (Cardone, David) (jao).
February 22, 2017 Filing 66 MOTION to Enforce the Parties' Settlement Agreement by DK Holdings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Benjamin A. Katzenellenbogen, and Exhibits A-L)(Katzenellenbogen, Benjamin) (jao). Modified on 4/4/2017 (yeb).
February 22, 2017 Filing 65 (Filed as Sealed Document on 2/23/2017) SEALED LODGED Proposed Document re: #64 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Katzenellenbogen, Benjamin) (Main Document 65 replaced on 2/23/2017) (sjt). Modified to add filing date of lodgement on 2/23/2017 (sjt).
February 22, 2017 Filing 64 MOTION to File Documents Under Seal (Katzenellenbogen, Benjamin) (sjt).
February 22, 2017 Opinion or Order Filing 63 ORDER Granting #62 Motion and Amended Scheduling Order. Final Pretrial Conference reset for 2/5/2018 02:30 PM before Judge Thomas J. Whelan. Proposed Pretrial Order due by 1/29/2018. Signed by Magistrate Judge Andrew G. Schopler on 2/22/2017. (jao)
February 17, 2017 Filing 62 Joint MOTION Amend Scheduling Order and Stipulation by Miva Merchant, Inc.. (Cardone, David) (jao).
February 9, 2017 Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Case Management Conference) held on 1/26/2017, before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/2/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/10/2017. (akr)
February 9, 2017 Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Telephonic Status Conference) held on 1/19/2017, before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/2/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/10/2017. (akr)
February 9, 2017 Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Settlement Conference) held on 12/12/2016, before Magistrate Judge Andrew G. Schopler. Court Reporter/Transcriber: Cameron P. Kircher. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/2/2017. Redacted Transcript Deadline set for 3/13/2017. Release of Transcript Restriction set for 5/10/2017. (akr)
February 8, 2017 Opinion or Order Filing 57 ORDER granting #55 Motion to Unseal Transcript. Signed by Magistrate Judge Andrew G. Schopler on 2/8/2017. (sjt)
February 7, 2017 Filing 55 MOTION to Unseal Document transcript of January 13, 2017 status conference by Miva, Inc.. (Attachments: #1 Proof of Service CERTIFICATE OF SERVICE)(Cardone, David) (jao).
February 6, 2017 Filing 56 Minute Entry for proceedings held before Magistrate Judge Andrew G. Schopler: Telephonic Status Conference held on 2/6/2017. Attorney Michael Friedland and Attorney Benjamin Katzenellenbogen appeared on behalf of the plaintiff. Attorney David Cardone appeared on behalf of the defendant. No order to follow. (CD# 2/6/2017 AGS 16:8:30-8:43). (Plaintiff Attorney Michael Friedland and Benjamin Katzenellenbogen).(Defendant Attorney David Cardone). (no document attached) (yeb)
February 6, 2017 Filing 54 NOTICE of Appearance by Michael Keith Friedland on behalf of DK Holdings (Friedland, Michael)Attorney Michael Keith Friedland added to party DK Holdings(pty:cd), Attorney Michael Keith Friedland added to party DK Holdings(pty:cd), Attorney Michael Keith Friedland added to party DK Holdings(pty:pla) (fth).
February 1, 2017 Opinion or Order Filing 53 ORDER Resetting Status Conference. Status Conference reset for 2/6/2017 08:30 AM before Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 2/1/2017.(jao)
January 27, 2017 Filing 52 Minute Order for proceedings held before Magistrate Judge Andrew G. Schopler:Settlement Conference held on 1/27/2017. Attorney Kevin DeSantis and Attorney David Cardone appeared on behalf of the defendant. Attorney Ben Katzenellenbogen and Attorney Mike Friedland appeared on behalf of the plaintiff. Next telephonic Status Conference is set for 2/2/2017 at 08:30 AM before Magistrate Judge Andrew G. Schopler. Plaintiff's counsel is responsible for setting up the conference call. No order to follow. (Plaintiff Attorney Ben Katzenellenbogen and Mike Friedland).(Defendant Attorney Kevin DeSantis; David Cardone). (no document attached) (yeb)
January 26, 2017 Filing 51 Minute Entry for proceedings held before Magistrate Judge Andrew G. Schopler: Telephonic Case Management Conference held on 1/26/2017. Attorney David Cardone and Attorney Kevin DeSantis appeared on behalf of the defendants. Attorney Ben Kazenellenbogen and Attorney Mike Friedland appeared on behalf of the plaintiff. Parties report the settlement has fallen through. Discovery is unstayed. Order to follow.(CD# 1/26/2017 AGS 16:8:30-9:00). (Plaintiff Attorney Ben Kazenellenbogen; Mike Friedland). (Defendant Attorney David Cardone; Kevin DeSantis). (no document attached) (yeb)
January 26, 2017 Opinion or Order Filing 50 ORDER Setting Settlement Conference. Settlement Conference set for 1/27/2017 10:00 AM before Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 1/26/2017.(jao)
January 26, 2017 Opinion or Order Filing 49 ORDER Modifying Scheduling Order. Signed by Magistrate Judge Andrew G. Schopler on 1/26/2017.(jao)
January 19, 2017 Filing 48 Minute Order for proceedings held before Magistrate Judge Andrew G. Schopler: Telephonic Status Conference held on 1/19/2017. Attorney Michael Friedland and Attorney Benjamin Katzenellenbogen appeared on behalf of the plaintiff. Attorney David Cardone appeared on behalf of the defendant. Next telephonic Status Conference is set for 1/26/2017 at 08:30 AM before Magistrate Judge Andrew G. Schopler. Plaintiff's counsel is responsible for setting up and initiating the conference call. (CD# 1/19/2017 AGS 16:8:30-9:10). (Plaintiff Attorney Michael Friedland; Benjamin Katzenellenbogen).(Defendant Attorney David Cardone). (no document attached) (yeb)
January 13, 2017 Filing 47 Minute Order for proceedings held before Magistrate Judge Andrew G. Schopler: Telephonic Status Conference held on 1/13/2017. The case has settled. All discovery and other deadlines are stayed pending further order. he transcript is sealed pending further judicial order. The next telephonic Status Conference set for 1/19/2017 08:30 AM before Magistrate Judge Andrew G. Schopler. Plaintiff's counsel is responsible for setting up the call. (CD# 1/13/2017 AGS 16:1:30-1:44). (no document attached) (yeb)
January 12, 2017 Opinion or Order Filing 46 ORDER Setting Status Conference. On January 13, 2017, at 1:30 p.m., the Court will hold a telephonic, attorneys-only status hearing. Plaintiffs counsel is responsible for initiating the call. Signed by Magistrate Judge Andrew G. Schopler on 1/12/2017.(jao)
January 11, 2017 Filing 80 Minute Entry for proceedings held before Magistrate Judge Andrew G. Schopler: Settlement Conference held on 1/11/2017. Order to follow #46 (Plaintiff Attorney Ben Katzenellenbogen, Mike Friedland).(Defendant Attorney David Cardone). (no document attached) (yeb)
December 13, 2016 Opinion or Order Filing 44 ORDER Setting Settlement Conference and Amending Scheduling Order. At the recommendation of the parties, a second settlement conference is hereby set for January 11, 2017, at 2:00 p.m. Signed by Magistrate Judge Andrew G. Schopler on 12/13/2016.(jao)
December 12, 2016 Filing 45 Minute Order for proceedings held before Magistrate Judge Andrew G. Schopler:Settlement Conference held on 12/12/2016. The Court held amn on the record settlement conference. Counsel Chris Walt, David Cardone, Kevin DeSantis, Chris Jalzko appeared with client Rick Wilson. Counsel Ben Katzenellenbogen, Mike Friedland appeared with clients Remik Kolodziej and Steven Daris. Order to follow. (CD# 12/12/2016 AGS 16:9:00-1:15). (Plaintiff Attorney Ben Katzenellenbogen, Mike Friedland).(Defendant Attorney Chris Walt, David Cardone, Kevin DeSantis, Chris Jalzko). (no document attached) (yeb)
November 7, 2016 Opinion or Order Filing 43 ORDER Granting #42 Motion and Amending The Scheduling Order. Signed by Magistrate Judge Andrew G. Schopler on 11/7/2016. (jao)
November 4, 2016 Filing 42 Joint MOTION to Amend/Correct #23 Scheduling Order, by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
October 28, 2016 Opinion or Order Filing 41 ORDER Post-Status Hearing Setting Settlement Conference. A status hearing was held October 27, 2016. During the status hearing, the parties agreed to set the settlement conference for December 12, 2016, at 9:00 a.m. Signed by Magistrate Judge Andrew G. Schopler on 10/28/2016.(jao)
October 25, 2016 Filing 40 STATUS REPORT (Joint Written Status Report) by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
October 24, 2016 Opinion or Order Filing 39 ORDER Granting #31 Motion to Compel. Signed by Magistrate Judge Andrew G. Schopler on 10/24/2016. (jao)
October 24, 2016 Filing 38 RESPONSE to Motion re #31 MOTION to Compel Responses to Plaintiff's First Set of Requests for the Production of Documents (Nos. 1-50) Joint Motion and Stipulation by all Parties to Resolve Plaintiff's Pending Motion to Compel filed by Miva Merchant, Inc. (McFaul, James) (jao).
October 20, 2016 Filing 37 ANSWER to #35 Answer to Complaint, Counterclaim, by DK Holdings.(Katzenellenbogen, Benjamin) (jao).
October 18, 2016 Opinion or Order Filing 36 ORDER Setting Briefing Schedule, Setting Status Date, and Requiring Status Report. Signed by Magistrate Judge Andrew G. Schopler on 10/18/2016.(jao)
October 3, 2016 Filing 35 Amended ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Exhibit Exhibits A to C, #2 Proof of Service Certificate of Service)(Cardone, David) (jao).
October 3, 2016 Opinion or Order Filing 34 TRANSFER ORDER. IT IS HEREBY ORDERED that the following listed cases are transferred from the calendar of the Honorable Ruben B. Brooks to the calendar of the Honorable Andrew G. Schopler for all further proceedings. All future conference or hearing dates set before Magistrate Judge Brooks, if any, are VACATED and will be rescheduled before Magistrate Judge Schopler. Any dates set before the District Judge remain unchanged. The new case number is 16-cv-00580-W-AGS. Signed by Magistrate Judge Ruben B. Brooks on 9/30/2016.(cxl)
September 28, 2016 Filing 33 RESPONSE in Opposition re #31 MOTION to Compel Responses to Plaintiff's First Set of Requests for the Production of Documents (Nos. 1-50) filed by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Declaration of David Cardone in Support of Defendants' Opposiiton to Plaintiff's Motion to Compel, #2 Proof of Service Certificate of Service)(Cardone, David)(jao).
September 16, 2016 Opinion or Order Filing 32 ORDER granting in part and denying in part #25 Plaintiff's Motion to Dismiss Counterclaims and to Strike Affirmative Defenses. Defendants will have leave to amend the Answer and Cross-complaint. Plaintiffs shall amend the Answer and Cross-complaint, if at all, by Monday, October 3, 2016. Signed by Judge Thomas J. Whelan on 9/16/2016. (jao)
September 6, 2016 Filing 31 MOTION to Compel Responses to Plaintiff's First Set of Requests for the Production of Documents (Nos. 1-50) by DK Holdings. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Benjamin A. Katzenellenbogen)(Katzenellenbogen, Benjamin) (jao).
September 6, 2016 Filing 30 NOTICE of Appearance by Kimberly Ann Kennedy on behalf of DK Holdings (Kennedy, Kimberly)Attorney Kimberly Ann Kennedy added to party DK Holdings(pty:pla), Attorney Kimberly Ann Kennedy added to party DK Holdings(pty:cd)(jao).
September 2, 2016 Filing 29 REPLY to Response to Motion re #25 MOTION to Dismiss Defendants' Counterclaims and to Strike Affirmative Defenses filed by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
August 31, 2016 Opinion or Order Filing 28 ORDER Granting #26 Joint Motion for Protective Order As Modified by The Court. Signed by Magistrate Judge Ruben B. Brooks on 8/29/2016. (jao)
August 29, 2016 Filing 27 RESPONSE in Opposition re #25 MOTION to Dismiss Defendants' Counterclaims and to Strike Affirmative Defenses filed by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Proof of Service Certificate of Service)(Cardone, David) (jao).
August 26, 2016 Filing 26 Joint MOTION for Protective Order by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
August 1, 2016 Filing 25 MOTION to Dismiss Defendants' Counterclaims and to Strike Affirmative Defenses by DK Holdings. (Attachments: #1 Memo of Points and Authorities)(Katzenellenbogen, Benjamin) (jao).
July 27, 2016 Opinion or Order Filing 24 Order Following ENE. Early Neutral Evaluation Conference held on 6/20/2016. Settlement could not be reached in the case. Signed by Magistrate Judge Ruben B. Brooks on 7/27/2016.(jao)
July 27, 2016 Opinion or Order Filing 23 SCHEDULING ORDER: Telephonic, attorneys-only Settlement Conference set for 11/8/2017 08:30 AM before Magistrate Judge Ruben B. Brooks. Proposed Pretrial Order due by 10/30/2017. Final Pretrial Conference set for 11/13/2017 10:30 AM before Judge Thomas J. Whelan. Signed by Magistrate Judge Ruben B. Brooks on 7/27/2016.(jao)
July 25, 2016 Opinion or Order Filing 22 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only Settlement Conference held on 7/25/2016. A telephonic attorneys-only Settlement Conference set for 11/8/2016 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 7/25/2016. (Plaintiff Attorney Kim Kennedy, Michael K. Friedland (present), Benjamin A. Katzenellenbogen (present)).(Defendant Attorney David D. Cardone (present), Kevin V. DeSantis (present), John Christopher Jaczko, Christopher J. Walt, Gregory A. Walt). (jao)
June 24, 2016 Opinion or Order Filing 21 ORDER Granting #20 Joint Motion for Extension of Time to Respond to Counterclaim. Plaintiff must respond to the Answer and Counterclaim on or before August 1, 2016. Signed by Judge Thomas J. Whelan on 6/24/2016. (jao)
June 23, 2016 Filing 20 Joint MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
June 20, 2016 Opinion or Order Filing 19 Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: Early Neutral Evaluation Conference held on 6/20/2016. A telephonic attorneys-only Settlement Conference is set for 7/25/2016 08:30 AM before Magistrate Judge Ruben B. Brooks. Counsel for Plaintiff is to initiate the call. Discovery is currently stayed through the telephonic conference on July 25, 2016.(Plaintiff Attorney Kim Kennedy (present), Michael K. Friedland (present), Benjamin A. Katzenellenbogen (present)). (Defendant Attorney David D. Cardone (present), Kevin V. DeSantis (present), John Christopher Jaczko (present), Christopher J. Walt (present), Gregory A. Walt (present)). Signed by Magistrate Judge Ruben B. Brooks on 6/20/2016. (jao)
June 6, 2016 Opinion or Order Filing 18 ORDER Granting #17 Joint Motion for Extension of Time to File Response to Counterclaim. Plaintiff must respond to the Answer and Counterclaim on or before June 27, 2016.Signed by Judge Thomas J. Whelan on 6/6/2016. (jao)
June 3, 2016 Filing 17 Joint MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim by DK Holdings. (Katzenellenbogen, Benjamin) (jao).
May 16, 2016 Opinion or Order Filing 16 ORDER Granting #15 Joint Motion for Extension of Time to Respond to Answer and Counterclaim. Plaintiff must respond to the Answer and Counterclaim on or before June 6, 2016. Signed by Judge Michael M. Anello for Thomas J. Whelan on 5/16/2016. (jao)
May 13, 2016 Filing 15 Joint MOTION for Extension of Time to File Response/Reply as to #8 Answer to Complaint, Counterclaim by DK Holdings. (Katzenellenbogen, Benjamin)Attorney Benjamin A. Katzenellenbogen added to party DK Holdings(pty:pla), Attorney Benjamin A. Katzenellenbogen added to party DK Holdings(pty:cd)(jao).
April 25, 2016 Opinion or Order Filing 14 NOTICE AND ORDER For Early Neutral Evaluation Conference: An Early Neutral Evaluation is set for 6/20/2016 at 01:30 PM before Magistrate Judge Ruben B. Brooks, 221 West Broadway, Courtroom 2C, San Diego. Signed by Magistrate Judge Ruben B. Brooks on 4/25/2016. (mdc)
April 25, 2016 Filing 13 SUMMONS Returned Executed by DK Holdings. Miva Merchant, Inc. served. (Razai, Ali) (dlg).
April 25, 2016 Filing 12 SUMMONS Returned Executed by DK Holdings. Miva, Inc. served. (Razai, Ali) (dlg).
April 22, 2016 Filing 11 Summons Returned Unexecuted by DK Holdings as to Miva Merchant, Inc.. (Razai, Ali) Modified on 4/25/2016 - Atty to refile using executed event. (mdc)
April 22, 2016 Filing 10 Summons Returned Unexecuted by DK Holdings as to Miva, Inc.. (Razai, Ali) Modified on 4/25/2016 - Atty to refile using executed event. (mdc)
April 22, 2016 Filing 9 NOTICE of Appearance by John Christopher Jaczko on behalf of Miva Merchant, Inc., Miva, Inc. (Jaczko, John)Attorney John Christopher Jaczko added to party Miva Merchant, Inc.(pty:dft), Attorney John Christopher Jaczko added to party Miva, Inc.(pty:dft) (mdc.)
April 21, 2016 Filing 8 ANSWER to #1 Complaint, with Jury Demand Plaintiff's Complaint, COUNTERCLAIM against DK Holdings by Miva, Inc., Miva Merchant, Inc.. (Attachments: #1 Proof of Service Certificate of Service)(Cardone, David) (dlg).
March 29, 2016 Opinion or Order Filing 7 ORDER Granting #5 Joint Motion For An Extension of Time to Respond to Complaint. Defendants must respond to the Complaint on or before April 21, 2016. Signed by Judge Thomas J. Whelan on 3/29/2016. (jao)
March 29, 2016 Opinion or Order Filing 6 Notice of Document Discrepancies and Order Thereon by Judge Thomas J. Whelan Rejecting re #4 Joint MOTION to Continue Date to Answer Complaint, from Defendants Miva Merchant, Inc., Miva, Inc. Non-compliance with local rule(s), Joint motion lacks signatures. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the chambers of Judge Thomas J. Whelan. (jao)
March 29, 2016 Filing 5 Joint MOTION to Continue Date to Answer Complaint by Miva Merchant, Inc., Miva, Inc.. (Attachments: #1 Proof of Service Certificate of Service)(Cardone, David) (jao).
March 28, 2016 Filing 4 **Document Stricken** Joint MOTION to Continue Date to Answer Complaint by Miva Merchant, Inc., Miva, Inc.. (Attachments: # 1 Proof of Service Certificate of Service)(Cardone, David)Attorney David D. Cardone added to party Miva Merchant, Inc.(pty:dft), Attorney David D. Cardone added to party Miva, Inc.(pty:dft) Mailer sent re signatures on 3/29/2016 (jao). (Main Document 4 replaced on 3/29/2016) (jao).
March 8, 2016 Filing 3 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. (acc)
March 7, 2016 Filing 2 NOTICE of Party With Financial Interest by DK Holdings (acc)
March 7, 2016 Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-8863707.), filed by DK Holdings. (Attachments: #1 Cover Sheet)The new case number is 3:16-cv-580-W-RBB. Judge Thomas J. Whelan and Magistrate Judge Ruben B. Brooks are assigned to the case. (Razai, Ali)(acc) (sjt).

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Search for this case: DK Holdings v. Miva, Inc. et al
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Plaintiff: DK Holdings
Represented By: Michael Keith Friedland
Represented By: Oscar M Orozco-Botello
Represented By: Christopher W Arledge
Represented By: Kimberly Ann Kennedy
Represented By: Peter Afrasiabi
Represented By: Benjamin A. Katzenellenbogen
Represented By: Ali S. Razai
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Defendant: Miva, Inc
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Defendant: Remik Kolodziej
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Defendant: Red Apple Media
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Defendant: Miva Merchant, Inc.
Represented By: David D. Cardone
Represented By: John Christopher Jaczko
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Defendant: Steven Daris
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Defendant: Miva, Inc.
Represented By: David D. Cardone
Represented By: John Christopher Jaczko
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Defendant: Manuel Ramirez
Represented By: David D. Cardone
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Undetermined: Knobbe Martens Olson & Bear LLP
Represented By: Benjamin A. Katzenellenbogen
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