Donat Ricketts v. Berlanti Productions, et al
| WARNER BROS. TELEVISION, a California Corporation, BERLANTI PRODUCTIONS, a business entity, form unknown, FKA Makenna Productions, Inc., NETFLIX, INC., a California Corporation, CBS CORPORATION, APRIL BLAIRE, an individual, CBS STUDIOS, INC., THE CW NETWORK, LLC, a California Corporation, ROB HARDY, an individual, SPENCER PAYSINGER and DOES, 1 to 10, inclusive |
| DONAT RICKETTS |
| 20-55912 |
| September 2, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
Opinions
We have the following opinions for this case:
| Description |
|---|
| DONAT RICKETTS V. BERLANTI PRODUCTIONS |
Docket Report
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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 59
MANDATE ISSUED. (DWN, FFF and BGS) [12434269] (DJV) [Entered: 04/29/2022 07:32 AM]
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Filing 58
FILED MEMORANDUM DISPOSITION (DOROTHY W. NELSON, FERDINAND F. FERNANDEZ and BARRY G. SILVERMAN) All pending motions and requests are denied as moot. AFFIRMED. FILED AND ENTERED JUDGMENT. [12414668] (MM) [Entered: 04/07/2022 09:26 AM]
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| Filing 57 Filed clerk order (Deputy Clerk: KD): Appellants motions (Docket Entry Nos. [ # 52 ] and [ # 56 ]) are referred to the panel that will consider the merits of this appeal. [12165757] (AF) [Entered: 07/07/2021 05:15 PM] |
| Filing 56 Filed (ECF) Appellant Mr. Donat Ricketts Motion for miscellaneous relief [Request For Oral Argument, pursuant to Fed. R. Evid, Rule 201(e)]. Date of service: 06/13/2021. [12142810]--[COURT ENTERED FILING to correct entry [55].] (SLM) [Entered: 06/14/2021 09:01 AM] |
| Filing 55 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 56 ]. Original Text: Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Request For Oral Argument, pursuant to Fed. R. Evid, Rule 201(e). (See Dkt. 15, and 54.). Date of service: 06/13/2021 [12142594] [20-55912] (Ricketts, Donat) [Entered: 06/13/2021 12:47 PM] |
| Filing 54 Filed (ECF) Appellant Mr. Donat Ricketts reply to response to Court order dated 06/09/2021. Date of service: 06/11/2021. [12141898] [20-55912]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 06/11/2021 by SLM] (Ricketts, Donat) [Entered: 06/11/2021 12:49 PM] |
| Filing 53 Filed (ECF) Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television response opposing motion ([ # 52 ] Motion (ECF Filing), [ # 52 ] Motion (ECF Filing)). Date of service: 06/11/2021. [12141528] [20-55912] (Mandavia, Anjani) [Entered: 06/11/2021 09:24 AM] |
| Filing 51 Received 6 USB Flashdrives by Appellant Mr. Donat Ricketts containing exhibits "13" and "14". Deficiency: physical exhibits are premature, not accompanied by motion to transmit physical exhibits. Corrections required (see attached notice). [12138981] (KWG) [Entered: 06/09/2021 01:10 PM] |
| Filing 50 Received 6 paper copies of Reply Brief [ # 43 ] filed by Mr. Donat Ricketts. [12138848] (SD) [Entered: 06/09/2021 11:56 AM] |
| Filing 49 Received 3 paper copies of excerpts of record [ # 44 ] in 6 volume(s) filed by Appellant Mr. Donat Ricketts. [12138399] (KWG) [Entered: 06/09/2021 08:42 AM] |
| Filing 48 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Errata to notice [ # 46 ]. Date of service: 06/03/2021. [12132813] [20-55912]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 06/03/2021 by SLM] (Ricketts, Donat) [Entered: 06/03/2021 01:18 PM] |
| Filing 47 Filed clerk order: The reply brief [ # 43 ] submitted by Mr. Donat Ricketts is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The excerpts of record [ # 44 ] submitted by Mr. Donat Ricketts are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12131802] (LA) [Entered: 06/02/2021 03:57 PM] |
| Filing 46 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Notice of manual filing or lodging documents addressed to the District Court. Date of service: 06/01/2021. [12130135] [20-55912] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 6/2/2021 by TYL] (Ricketts, Donat) [Entered: 06/01/2021 04:00 PM] |
| Filing 45 Filed (ECF) Errata to excerpts of record ([ # 44 ] Excerpts of Record Submitted (ECF Filing)). Filed by Appellant Mr. Donat Ricketts. Date of service: 06/01/2021. [12130004] [20-55912] (Ricketts, Donat) [Entered: 06/01/2021 03:26 PM] |
| Filing 44 Submitted (ECF) excerpts of record. Submitted by Appellant Mr. Donat Ricketts. Date of service: 11/05/2020. [12129989] [20-55912] (Ricketts, Donat) [Entered: 06/01/2021 03:24 PM] |
| Filing 43 Submitted (ECF) Reply Brief for review. Submitted by Appellant Mr. Donat Ricketts. Date of service: 06/01/2021. [12129628] [20-55912] (Ricketts, Donat) [Entered: 06/01/2021 01:01 PM] |
| Filing 42 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Request for Judicial Notice; Notice of Manuel Filing and Lodging. Date of service: 06/01/2021 [12129299] [20-55912] (Ricketts, Donat) [Entered: 06/01/2021 10:23 AM] |
| Filing 41 Filed clerk order (Deputy Clerk: KD): Appellants motion for a third extension of time to file the reply brief (Docket Entry No. [ # 40 ]) is granted. The optional reply brief is due June 1, 2021. [12115597] (AF) [Entered: 05/17/2021 03:07 PM] |
| Filing 40 Filed (ECF) Appellant Mr. Donat Ricketts Motion to extend time to file Reply brief. Date of service: 05/14/2021. [12113426]--[COURT ENTERED FILING to correct entry [39].] (SLM) [Entered: 05/14/2021 01:02 PM] |
| Filing 39 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 40 ]. Original Text: Filed (ECF) Appellant Mr. Donat Ricketts citation of supplemental authorities. Date of service: 05/14/2021. [12113392] [20-55912] (Ricketts, Donat) [Entered: 05/14/2021 12:47 PM] |
| Filing 38 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Copy of DC motion received. Date of service: 04/25/2021 [12085893] [20-55912] --[COURT UPDATE: Updated docket text to reflect content of filing. 4/26/2021 by TYL] (Ricketts, Donat) [Entered: 04/25/2021 05:21 PM] |
| Filing 37 Filed clerk order (Deputy Clerk: KD): Appellants unopposed motion for a second extension of time to file the reply brief (Docket Entry No. [ # 36 ]) is granted. The optional reply brief is due May 14, 2021. Appellants motion for judicial notice (Docket Entry No. [ # 35 ]) is referred to the panel that will consider the merits of this appeal. [12078605] (AF) [Entered: 04/19/2021 10:02 AM] |
| Filing 36 Filed (ECF) Appellant Mr. Donat Ricketts EMERGENCY Motion to file a late brief. Date of service: 04/13/2021. [12072254] [20-55912] (Ricketts, Donat) [Entered: 04/13/2021 10:12 AM] |
| Filing 35 Filed (ECF) Appellant Mr. Donat Ricketts Motion to take judicial notice. Date of service: 03/25/2021. [12054082]--[COURT ENTERED FILING to correct entry [ # 34 ].] (SLM) [Entered: 03/26/2021 08:55 AM] |
| Filing 34 Filed (ECF) Appellant Mr. Donat Ricketts reply to response (motion to compel supplementation of excerpts of record, motion to take judicial notice, ). Date of service: 03/25/2021. [12053906] [20-55912]--[COURT UPDATE: Removed motion (filed correctly in entry [ # 35 ]). 03/26/2021 by SLM] (Ricketts, Donat) [Entered: 03/25/2021 07:00 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: KD): Appellants motions (Docket Entry Nos. [ # 24 ], [ # 29 ], and [ # 31 ]) are referred to the panel that will consider the merits of this appeal. [12052569] (AF) [Entered: 03/24/2021 05:10 PM] |
| Filing 32 Filed (ECF) Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television response to motion ([ # 29 ] Motion (ECF Filing), [ # 29 ] Motion (ECF Filing)). Date of service: 03/15/2021. [12040923] [20-55912] (Mandavia, Anjani) [Entered: 03/15/2021 11:15 AM] |
| Filing 31 Filed (ECF) Appellant Mr. Donat Ricketts Motion to take judicial notice. Date of service: 03/04/2021. [12024904]--[COURT ENTERED FILING to correct entry [ # 29 ].] (SLM) [Entered: 03/04/2021 03:50 PM] |
| Filing 29 Filed (ECF) Appellant Mr. Donat Ricketts EMERGENCY Motion to compel supplementation of excerpts of record. Date of service: 03/04/2021. [12024224] [20-55912]--[COURT UPDATE: Removed motion to take judicial notice (filed correctly in entry [ # 31 ]). 03/04/2021 by SLM] (Ricketts, Donat) [Entered: 03/04/2021 11:25 AM] |
| Filing 30 Received 3 paper copies of supplemental excerpts of record [ # 21 ] in 11 volume(s) and index volume filed by Appellees. [12024233] (LA) [Entered: 03/04/2021 11:30 AM] |
| Filing 28 Received 6 paper copies of Answering Brief [ # 20 ] filed by Appellees. [12022871] (SD) [Entered: 03/03/2021 11:52 AM] |
| Filing 27 Streamlined request [26] by Appellant Mr. Donat Ricketts to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: the optional reply brief is due 04/14/2021. [12020777] (DLM) [Entered: 03/01/2021 06:07 PM] |
| Filing 26 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Mr. Donat Ricketts. New requested due date is 04/15/2021. [12019407] [20-55912] (Ricketts, Donat) [Entered: 03/01/2021 10:10 AM] |
| Filing 25 Filed clerk order: The answering brief [ # 20 ] submitted by appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 21 ] submitted by appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12016529] (LA) [Entered: 02/25/2021 10:37 AM] |
| Filing 24 Filed (ECF) Appellant Mr. Donat Ricketts Motion for miscellaneous relief [Motion for lodging a document]. Date of service: 02/23/2021. [12014594] --[COURT ENTERED FILING to correct entry [23] .] (TYL) [Entered: 02/24/2021 08:40 AM] |
| Filing 23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 24 ]. Original Text: Filed (ECF) Appellant Mr. Donat Ricketts citation of supplemental authorities. Date of service: 02/23/2021. [12014111] [20-55912] (Ricketts, Donat) [Entered: 02/23/2021 03:33 PM] |
| Filing 22 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Proof of service. Date of service: 02/23/2021. [12013938] [20-55912] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 2/23/2021 by TYL] (Ricketts, Donat) [Entered: 02/23/2021 02:28 PM] |
| Filing 21 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television. Date of service: 02/22/2021. [12012475] [20-55912]--[COURT UPDATE: Attached corrected excerpts. 02/25/2021 by LA] (Mandavia, Anjani) [Entered: 02/22/2021 04:21 PM] |
| Filing 20 Submitted (ECF) Answering Brief for review. Submitted by Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television. Date of service: 02/22/2021. [12012463] [20-55912]--[COURT UPDATE: Attached corrected brief. 02/25/2021 by LA] (Mandavia, Anjani) [Entered: 02/22/2021 04:18 PM] |
| Filing 19 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Copy of response to court order filed in district court. Date of service: 02/08/2021. [11996290] [20-55912] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 2/8/2021 by TYL] (Ricketts, Donat) [Entered: 02/08/2021 02:15 PM] |
| Filing 18 Streamlined request [17] by Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Does, Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television answering brief due 02/22/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11966609] (DLM) [Entered: 01/15/2021 04:58 PM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television. New requested due date is 02/04/2021. [11966260] [20-55912] (Mandavia, Anjani) [Entered: 01/15/2021 02:57 PM] |
| Filing 16 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: REQUEST FOR JUDICIAL NOTICE; NOTICE OF CLERICAL ERRORS (Fed. Rule Civil P., Rule 62.1 Motion.), filed in Central District Court Case No. 19-03895 (today). Date of service: 12/21/2020 [11934947] [20-55912] (Ricketts, Donat) [Entered: 12/21/2020 12:38 PM] |
| Filing 15 Filed (ECF) Appellant Mr. Donat Ricketts response to Court order dated 12/11/2020. Date of service: 12/11/2020. [11925277] [20-55912] (Ricketts, Donat) [Entered: 12/11/2020 11:34 PM] |
| Filing 14 Filed order (ANDREW D. HURWITZ and BRIDGET S. BADE): Appellants motions for appointment of counsel (Docket Entry Nos. [ # 8 ] & [ # 11 ]) are denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. The motions for oral argument (contained in Docket Entry Nos. [ # 8 ] & [ # 11 ]) are referred to the panel assigned to decide the merits of this appeal. The opening brief has been filed. The answering brief is due January 21, 2021. The optional reply brief is due within 21 days after service of the answering brief. Because appellant is proceeding without counsel, appellant is not required to file excerpts of record. See 9th Cir. R. 30-1.3. If appellant does not file excerpts of record, appellees must file Supplemental Excerpts of Record that contain all of the documents that are cited in the pro se opening brief or otherwise required by Rule 30-1.4, as well as the documents that are cited in the answering brief. See id. [11924461] (AF) [Entered: 12/11/2020 01:30 PM] |
| Filing 13 Streamlined request [12] by Appellant Mr. Donat Ricketts to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. Briefing shall be reset as necessary upon the Courts disposition of the appellants motion to appoint pro bono counsel. Dockets [8,11]. See 9th Cir. R. 27-11. [11923525] (DLM) [Entered: 12/10/2020 05:11 PM] |
| Filing 12 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television. New requested due date is 02/03/2021. [11921151] [20-55912] (Mandavia, Anjani) [Entered: 12/09/2020 05:04 PM] |
| Filing 11 Filed Appellant Mr. Donat Ricketts motion to appoint pro bono counsel. Deficiencies: None. Served on 11/16/2020. [11901954] (CW) [Entered: 11/20/2020 04:44 PM] |
| Filing 10 Received 6 paper copies of Opening Brief [ # 5 ] filed by Mr. Donat Ricketts. [11900593] (SD) [Entered: 11/20/2020 09:38 AM] |
| Filing 9 Filed (ECF) Appellant Mr. Donat Ricketts Correspondence: Proof of Service to Ninth Circuit re: 1). INFORMAL OPENING BRIEF ON THE MERITS; 2). CERTIFICATION FOR PAPER COPY OF ELECTRONIC BRIEF; 3). REPORT ON THE FILING OR DETERMINATION OF COPYRIGHT(S) ON APPEAL; and 4). MOTION FOR APPOINTMENT OF COUNCIL. Date of service: 11/16/2020 [11894584] [20-55912] (Ricketts, Donat) [Entered: 11/16/2020 03:30 PM] |
| Filing 8 Filed (ECF) Appellant Mr. Donat Ricketts Motion for appointment of pro bono counsel. Date of service: 11/16/2020. [11894126]--[COURT ENTERED FILING to correct entry [7].] (SLM) [Entered: 11/16/2020 12:56 PM] |
| Filing 7 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 8 ]. Original Text: Filed (ECF) Appellant Mr. Donat Ricketts citation of supplemental authorities. Date of service: 11/16/2020. [11893990] [20-55912] (Ricketts, Donat) [Entered: 11/16/2020 11:46 AM] |
| Filing 6 Filed clerk order: The opening brief [ # 5 ] submitted by Mr. Donat Ricketts is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be submitted to the principal office of the Clerk. [11890922] (KWG) [Entered: 11/12/2020 03:14 PM] |
| Filing 5 Submitted (ECF) Opening Brief for review. Submitted by Appellant Mr. Donat Ricketts. Date of service: 11/12/2020. [11890786] [20-55912] (Ricketts, Donat) [Entered: 11/12/2020 02:37 PM] |
| Filing 4 Streamlined request [3] by Appellant Mr. Donat Ricketts to extend time to file the brief is approved. Streamline requests allow for only 30 day extensions. Amended briefing schedule: Appellant Donat Ricketts opening brief due 12/02/2020. Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Does, Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television answering brief due 01/04/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [11860904] (DLM) [Entered: 10/15/2020 05:08 PM] |
| Filing 3 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Mr. Donat Ricketts. New requested due date is 12/14/2020. [11860081] [20-55912] (Ricketts, Donat) [Entered: 10/15/2020 12:45 PM] |
| Filing 2 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [11812734] (CKP) [Entered: 09/03/2020 03:24 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Donat Ricketts opening brief due 11/02/2020. Appellees Berlanti Productions, April Blaire, CBS Corporation, CBS Studios, Inc., Does, Rob Hardy, Netflix, Inc., Spencer Paysinger, The CW Network, LLC and Warner Bros. Television answering brief due 12/02/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11810460] (RT) [Entered: 09/02/2020 09:48 AM] |
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