Seals-McClellan, et al v. Dreamworks, et al
| DAVID SEALS-MCCLELLAN |
| DREAMWORKS, INC., a Delaware corporation, DREAMWORKS FILMS LLC, a California limited liability company, DREAMWORKS DISTRIBUTION LLC, DREAMWORKS LLC, a California limited liability company, AMBLIN ENTERTAINMENT and NINA JACOBSON |
| 03-55570 |
| April 9, 2003 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
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| Filing 70 NO ORIGINAL RECORD (JR) [Entered: 06/22/2005 07:52 AM] |
| Filing 69 MANDATE ISSUED [03-55570] (JI) [Entered: 03/07/2005 09:18 AM] |
| Filing 68 Filed order ( Mary M. SCHROEDER, Ronald M. GOULD, Richard R. CLIFTON, ): The petition for rehearing and petition for rehearing en banc, filed 1/24/05, are denied. [03-55570] (JI) [Entered: 02/25/2005 09:18 AM] |
| Filing 66 Filed original and 50 copies Appellant David Seals-McClellan petition for panel rehearing and petition for rehearing en banc 15 p.pages, served on 1/24/05 PANEL/ACTIVE JUDGES/INTERESTED SENIOR JUDGES [03-55570] (CW) [Entered: 01/25/2005 09:54 AM] |
| Filing 65 Filed order ( Mary M. SCHROEDER, Ronald M. GOULD, Richard R. CLIFTON, ): Aplt's mtn for a 30-day ext of time to file a pfr/enbanc, filed on 12/16/04, is granted. The pfr/en banc shall be filed up to and including 1/24/05. [03-55570] (JI) [Entered: 12/22/2004 01:36 PM] |
| Filing 64 Filed Appellant David Seals-McClellan's motion to extend time to file petition for rehearing; served on 12/15/04 [PANEL] [03-55570] (JI) [Entered: 12/16/2004 01:34 PM] |
| Filing 63 FILED MEMORANDUM DISPOSITION: AFFIRMED ( Terminated on the Merits after Oral Hearing; Affirmed; Written, Unsigned, Unpublished. Mary M. SCHROEDER, Ronald M. GOULD, Richard R. CLIFTON ) FILED AND ENTERED JUDGMENT. [03-55570] (JI) [Entered: 12/09/2004 11:45 AM] |
| Filing 59 ARGUED AND SUBMITTED TO Mary M. SCHROEDER, Ronald M. GOULD, Richard R. CLIFTON [03-55570] (BG) [Entered: 11/02/2004 01:44 PM] |
| Filing 57 Received Louis P. Petrich for Appellees letter dated 10/18/04 re: response to addl citations. PANEL [03-55570] (GR) [Entered: 10/19/2004 12:52 PM] |
| Filing 56 Filed Appellee Dreamworks, Inc., et al's exhibits on appeal (5 copies each of videocassette SER-V and SER-V2). PANEL (GR) [Entered: 10/19/2004 12:25 PM] |
| Filing 55 Received notice of filing of SER-V and SER V2 videocassettes pursuant to ct's 10/13/04 order from Appellee Dreamworks, Inc., et al. PANEL (GR) [Entered: 10/19/2004 12:21 PM] |
| Filing 58 Filed Appellant David Seals-McClellan exhibits on appeal. (comparison tape between Eddie and ANTZ) PANEL Copies: 5 (CW) [Entered: 10/21/2004 09:42 AM] |
| Filing 54 Filed order (Deputy Clerk: hh) Mtn by aplt to file physical exhibits is denied. Mtn by aples to strike all arguement and other references pertaining to ERCD exhibit from aplts brief is granted. Mtn by aples for leave to file (as part of defs SER) videotaples of Antz and Castles of Clay that are identical to the videos of said words filed in the DC is granted. The clk is directed to file the 5 copies of SER-V and 5 copies of SER-V2. Mtn of plt for leave to file comparison tape btwn Antz and The Single Allegorical Adventure of Eddie the Existential Ant which was lodged as exh M in support of pltfs opposition to defs mtn for smry jgmt is granted. The clk is directed to file all f copies of ERV. Mtn of aples for order striking from pltfs corrected EOR (CER) and his corrected opn br (a) all materials filed by pltf in the DC after the entry of jgmt, and (b) docs included by pltf in the CER that were never filed in the DC is granted. [03-55570] (CW) [Entered: 10/13/2004 10:55 AM] |
| Filing 53 Filed David Seals-McClellan additional citations, served on 9/27/04 (panel) [03-55570] (JI) [Entered: 10/01/2004 10:55 AM] |
| Filing 51 CALENDARED: PASA Nov 2 2004 900 am Courtroom 3 [03-55570] (AW) [Entered: 09/09/2004 07:01 PM] |
| Filing 50 Calendar materials being prepared. [03-55570] [03-55570] (AW) [Entered: 08/31/2004 06:41 PM] |
| Filing 49 Filed Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment, Nina Jacobson additional citations, served on 8/30/04 (merits panel) [03-55570] (JI) [Entered: 08/31/2004 12:17 PM] |
| Filing 48 Calendar check performed [03-55570] (AW) [Entered: 08/27/2004 05:04 PM] |
| Filing 47 Filed Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment, Nina Jacobson additional citations, served on 8/26/04 (merits panel) [03-55570] (JI) [Entered: 08/27/2004 04:30 PM] |
| Filing 46 Filed David Seals-McClellan additional citations, served on 8/11/04 (RECORDS) [03-55570] (JI) [Entered: 08/12/2004 04:34 PM] |
| Filing 45 Filed David Seals-McClellan additional citations, served on 4/26/04 [03-55570] (JI) [Entered: 04/28/2004 02:19 PM] |
| Filing 44 Filed Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment, Nina Jacobson additional citations, served on 4/14/04 [03-55570] (JI) [Entered: 04/20/2004 12:09 PM] |
| Filing 43 Filed Appellees reply to aplt response to mtn for order striking aplt's corrected eor and corrected opening brf ; served on 3/4/04 (referred to panel per 2/5/04 order by promo) [03-55570] (JI) [Entered: 03/08/2004 04:06 PM] |
| Filing 42 Received Appellant David Seals-McClellan response referring to panel appellee's motion to exclude evidence from the EOR served on 2/24/04 (panel via promo per 2/5/04 order) [03-55570] (JI) [Entered: 03/01/2004 03:45 PM] |
| Filing 41 Filed AMENDED order (Deputy Clerk: gss/PROMO) The aples' unopposed mtn for leave to file videotapes of "Antz" and "Castles of Clay" shall be referred to the merits panel for such treatment the panel deems necessary. The videotapes will be returned to the moving party along with the order pending further order of the court. The aples' mtn to strike the aplt's opening brf and eor shall be referred to the mtns panel, and any response to the mtn to strike, shall be referred tot he merits panel for such treatment the panel deems necessary. [03-55570] (JI) [Entered: 02/05/2004 09:08 AM] |
| Filing 39 Filed original and 15 copies David Seals-McClellan reply brief, ( Informal: NO ) 23 pages; served on 1/30/04 [03-55570] (JI) [Entered: 02/02/2004 02:24 PM] |
| Filing 36 Filed order (Deputy Clerk: gss/PROMO) The aples' unopposed mtn for leave to file videotapes of "Antz" and "Castles of Clay" shall be referred to the merits panel for such treatment the panel deems necessary. The videotapes will be returned to the moving party along with the order pending further order of the court. The aplt's unopposed mtn for an ext of time to file the opt reply brf is granted. The opt reply brf is now due 1/30/04. [03-55570] (JI) [Entered: 01/20/2004 09:16 AM] |
| Filing 33 Filed Appellant David Seals-McClellan's motion to extend time to file reply brief; served on 12/20/03 (WIP/promo) [03-55570] (JI) [Entered: 01/07/2004 12:06 PM] |
| Filing 32 Filed Appellant David Seals-McClellan response to aple's mtn for leave to file videotapes of "antz" & "castle of clay"; served on 12/20/03 (WIP/PROMO) [03-55570] (JI) [Entered: 01/07/2004 12:02 PM] |
| Filing 30 Received Appellant David Seals-McClellan exhibit to ERV (comparison tape between Eddie and ANTZ) Served on 12/20/03. (JI) [Entered: 12/24/2003 03:17 PM] |
| Filing 31 Filed aples Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment, Nina Jacobson motion to leave to file aple's supplemental eor video tape of "ANTZ" & "Castles of Clay", strike of aplt's corrected eor & opening brf; served on 12/17/03 (WIP/promo) (JI) [Entered: 01/07/2004 11:56 AM] |
| Filing 28 Filed original and 15 copies aples Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment, Nina Jacobson's 65 pages brief, 5 copies supplental excerpts in 1 vol ; served on 12/17/03 [03-55570] (JI) [Entered: 12/18/2003 04:48 PM] |
| Filing 27 Filed motion and deputy clerk order :(Deputy Clerk: gss/PROMO) The aples' second motion for an ext of time to file the ans brf is GRANTED. The ans br is now due 12/17/03. The opt reply brf is due 14 days after service of the ans brf. ( Motion recvd 11/7/03) [03-55570] (JI) [Entered: 11/12/2003 08:46 AM] |
| Filing 25 Received notice of Amended proof of service from Appellant David Seals-McClellan (JI) [Entered: 10/30/2003 12:02 PM] |
| Filing 24 Filed order (Deputy Clerk: gss) The appellees' motion for an extension of time to file the answering brief is GRANTED. The answering brief is now due 11/17/03. The optional reply brief is due 14 days after sevice of the answering brief. The appellees' motion to strike and opposition to appellant's motion to file physical exhibits shall be referred to the merits panel for such treatment the panel deems necessary. [22] [03-55570] (SM) [Entered: 10/21/2003 08:19 AM] |
| Filing 23 Filed Appellees Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist., Dreamworks LLC, Amblin Entertainment and Nina Jacobson's response in opposition to appellant's motion to file physical exhibits; motion by Appellees to strike all argument and other references pertaining to the "ERCD" Exhibit form appellant's brief, [19] served on 10/14/03 (PROMO) [03-55570] (SM) [Entered: 10/21/2003 08:14 AM] |
| Filing 22 Filed Dreamworks, Inc., Dreamworks Films LLC, Dreamworks Dist. and Dreamworks LLC's motion to extend time to file appellee's brief until 11/16/03, served on 10/9/03 [4874344] (PROMO) (SM) [Entered: 10/21/2003 08:09 AM] |
| Filing 19 Filed motion and deputy clerk order :(Deputy Clerk: gss/PROMO) The aplt's motion to file phyiscal exhibits, and any response to the motion, shall be referred to the merits panel for such treatment the panel deems necessary. The exhibits will be returned to the moving party along with the order pending further order of the court. ( Motion recvd 10/2/03) [03-55570] (JI) [Entered: 10/09/2003 09:19 AM] |
| Filing 17 Filed original and 15 copies Appellant David Seals-McClellan opening brief ( Informal: NO) 64 pages and five excerpts of record in 3 volumes; served on 9/17/03 [03-55570] (JI) [Entered: 10/02/2003 02:10 PM] |
| Filing 16 Received Appellant David Seals-McClellan's satisfaction of (major) brief deficiency, served on 9/30/03 [03-55570] (JI) [Entered: 10/02/2003 02:09 PM] |
| Filing 20 Received Appellant David Seals-McClellan physical exhibit of videotapes and compact disc, Served on 9/17/03. (JI) [Entered: 10/09/2003 09:46 AM] |
| Filing 15 Received Appellant David Seals-McClellan's brief in 15 copies 64 pages ( Informal: NO) deficient: 1) Footnotes font too small, 2) Excertps need to be single sided: notified counsel. Excerpts of record in 2 volumes. Served on 9/17/03 [03-55570] (JI) [Entered: 09/18/2003 02:46 PM] |
| Filing 14 Filed order (Deputy Clerk: gss) Appellant's motion for an extension of time to file the opening brief is GRANTED. The opening brief is now due 09/17/03. The answering brief is due 10/17/03. The optional reply brief is due 14 days after the service of the answering brief. Court records do not reflect the issuance of the certificate of record. Appellant shall monitor the district court's issuance of the certificate. [13] appellants' opening brief due 9/17/03; appellees' brief due 10/17/03,, ; [03-55570] (SM) [Entered: 07/24/2003 08:12 AM] |
| Filing 13 Filed Appellant David Seals-McClellan's motion to extend time to file appellant's opening brief until 9/17/03 served on 7/17/03 [4796782] (PROMO) [03-55570] (SM) [Entered: 07/24/2003 08:11 AM] |
| Filing 11 Filed order CONFATT (PWS) The court has determined that this appeal will not be selected for inclusion in the mediation program. The briefing schedule set forth in the court's order filed 5/28/03, shall remain in effect. All further inquiries regarding this appeal, including requests for ext of time, should be directed to the clerk's office... [03-55570] (Hom, Howard) [Entered: 06/10/2003 10:07 AM] |
| Filing 9 Filed order CONFATT (PWS) On 05/22/03, a telephone conference was held. The court will initiate a further assessment conference by telephone on 6/5/03 at 4:00 p.m., Pacific Time. The briefing schedule previously set by the court is amended as follows: appellant shall file an opening brief on or before 08/18/03; appellees shall file an answering brief on or before 09/19/03; appellant may file an optional reply brief on or before 10/01/03. [03-55570] (SM) [Entered: 05/28/2003 09:21 AM] |
| Filing 5 Filed order CONFATT (epm) Case referred to Confatt for assessment conference only. Conference to be held by telephone on 5/22/03 at 2:00 p.m., Pacific Time. The briefing schedule previously set by the court remains in effect. [03-55570] (SM) [Entered: 04/30/2003 09:14 AM] |
| Filing 3 Filed attorney for Appellant Civil Appeals Docketing Statement served on 3/25/03 (to CONFATT) [03-55570] [03-55570] [Entered: 04/09/2003 04:00 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. CADS SENT (Y/N): n. Setting schedule as follows: appellant's designation of RT is due 4/10/03; appellee's designation of RT is due 4/21/03,, ; appellant shall order transcript by 4/30/03; court reporter shall file transcript in DC by 6/2/03; certificate of record shall be filed by 6/9/03 ; appellant's opening brief is due 7/17/03; appellees' brief is due 8/18/03,, ; appellants' reply brief is due 9/2/03; [03-55570] [Entered: 04/09/2003 03:51 PM] |
| Filing 6 Received Louis P. Petrich for Appellees Nina Jacobson, Amblin Entertainment, Dreamworks LLC, Dreamworks Dist., Dreamworks Films LLC and Dreamworks, Inc. FAXED letter dated 05/05/03 re: Mr. Ross formerly was an associate with his firm and has no participation in the case since he left the firm. He does not presently represent any of the parties in the case (terminated attorney Ross on 05/07/03) (CASEFILE) [03-55570] (SM) [Entered: 05/07/2003 08:54 AM] |
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