Internet Archive v. Shell Featured Case

Copyright infringement claim against web archiving service.

April 25, 2007 Settlement agreement announced.

Plaintiff: Internet Archive
Defendant: Suzanne Shell
Counter Claimant: Suzanne Shell
Counter Defendant: Internet Archive
ThirdParty Defendant: Brewster Kahle, Kathleen Burch and Rick Prelinger
ThirdParty Plaintiff: Suzanne Shell
Case Number: 1:2006cv01726
Filed: August 31, 2006
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: Lewis T. Babcock
Presiding Judge: Craig B Shaffer
Nature of Suit: Copyright
Cause of Action: 28:1338 Copyright Infringement
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2007 Filing 66 REPORT on the determination of an action mailed to Register of Copyrights. (llr, )
April 30, 2007 Opinion or Order Filing 65 ORDER DISMISSING CASE on the Joint Stipulated Dismissal of Complaint and Counterclaims With Prejudice. it is therefore ORDERED that this matter shall be DISMISSED WITH PREJUDICE, each party to pay their own fees and costs. Signed by Chief Judge Lewis T. Babcock on 4/30/07. (erv, )
April 24, 2007 Filing 64 STIPULATION of Dismissal of Case Joint Stipulated Dismissal of Complaint and Counterclaims With Prejudice by Plaintiff Internet Archive. (Rubin, Michael)
April 6, 2007 Filing 63 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 4/6/2007: The oral motion to extend deadlines is granted. Dismissal Paper due by 4/30/2007. (Court Reporter FTR - Ben Van Dyke) (cbscd)
April 2, 2007 Filing 62 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 4/2/2007: Denying for the reasons stated on the record 59 Motion for Extension of Time. (Court Reporter FTR - Ben Van Dyke) (cbscd)
March 27, 2007 Filing 61 Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 3/27/2007. No settlement was reached. (pap, )
March 27, 2007 Filing 60 MEMORANDUM regarding 59 Unopposed MOTION For Extension of Time to Extend Discovery and Motion Deadlines filed by Internet Archive. Motion referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 3/27/07. (Text Only Entry - No Document Attached)(pap2, )
March 26, 2007 Filing 59 Unopposed MOTION For Extension of Time to Extend Discovery and Motion Deadlines by Plaintiff Internet Archive. (Rubin, Michael)
March 26, 2007 Opinion or Order Filing 58 MINUTE ORDER: Telephonic Status Conference set for 4/2/2007 11:30 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 3/23/07. (dln, )
March 21, 2007 Filing 57 CERTIFICATE of Mailing/Service re 56 Stipulation for Extension of Time, For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Plaintiff Internet Archive. (Rubin, Michael)
March 21, 2007 Filing 56 STIPULATION for Extension of Time For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Counter Claimant Suzanne Shell, Counter Defendant Internet Archive, Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger, ThirdParty Plaintiff Suzanne Shell, Defendant Suzanne Shell. (Rubin, Michael)
March 21, 2007 Filing 55 STIPULATION for Extension of Time For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Counter Claimant Suzanne Shell, Counter Defendant Internet Archive, Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger, ThirdParty Plaintiff Suzanne Shell, Defendant Suzanne Shell. (Rubin, Michael)
March 12, 2007 Filing 54 CERTIFICATE of Mailing/Service re 49 MOTION to Dismiss for Lack of Jurisdiction by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
March 12, 2007 Filing 53 DECLARATION of Richard Prelinger regarding MOTION to Dismiss for Lack of Jurisdiction 49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
March 12, 2007 Filing 52 DECLARATION of Kathleen Burch regarding MOTION to Dismiss for Lack of Jurisdiction 49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
March 12, 2007 Filing 51 DECLARATION of Brewster Kahle regarding MOTION to Dismiss for Lack of Jurisdiction 49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
March 12, 2007 Filing 50 DECLARATION of Michael Rubin regarding MOTION to Dismiss for Lack of Jurisdiction 49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
March 12, 2007 Filing 49 MOTION to Dismiss for Lack of Jurisdiction by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Rubin, Michael)
February 26, 2007 Opinion or Order Filing 48 MINUTE ORDER: Granting 45 Stipulation for Extension of Time. Brewster Kahle answer due 3/12/2007; Kathleen Burch answer due 3/12/2007; Rick Prelinger answer due 3/12/2007 by Judge Lewis T. Babcock on 2/26/07. (dln, )
February 23, 2007 Filing 47 Utility Setting/Resetting Deadlines/Hearings: Brewster Kahle answer due 3/12/2007; Kathleen Burch answer due 3/12/2007; Rick Prelinger answer due 3/12/2007. [Text only entry - no document attached]. (dln, )
February 23, 2007 Filing 46 CERTIFICATE OF SERVICE re 45 Stipulation for Extension of Time by Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger (Rubin, Michael)
February 23, 2007 Filing 45 STIPULATION for Extension of Time STIPULATION TO EXTEND TIME FOR INDIVIDUAL COUNTERCLAIM DEFENDANTS TO ANSWER COUNTERCLAIMS by Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael)
February 13, 2007 Opinion or Order Filing 44 ORDER Granting in part and Denying in part 20 Internet Archive's MOTION to Dismiss Shell's Counterclaims. Signed by Judge Lewis T. Babcock on 2/13/07.(pap, )
February 6, 2007 Filing 43 WAIVER OF SERVICE Returned Executed. Rick Prelinger waiver sent on 12/27/2006, answer due 2/26/2007. (pap, )
February 6, 2007 Filing 42 WAIVER OF SERVICE Returned Executed by Internet Archive. Kathleen Burch waiver sent on 12/27/2006, answer due 2/26/2007. (pap, )
February 6, 2007 Filing 41 WAIVER OF SERVICE Returned Executed. Brewster Kahle waiver sent on 12/27/2006, answer due 2/26/2007. (pap, )
January 26, 2007 Filing 40 Joint STATUS REPORT by Plaintiff Internet Archive. (Wilson, Kenneth)
January 18, 2007 Opinion or Order Filing 39 MINUTE ORDER confirming that an eight day Jury Trial is set for 5/12/2008 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock, and Final Trial Preparation Conference is set for 4/17/2008 at 08:00 AM before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 01/18/07. (rlp, )
January 10, 2007 Opinion or Order Filing 38 SCHEDULING ORDER: Discovery due by 8/1/2007.,Dispositive Motions due by 9/14/2007., Settlement Conference set for 3/23/2007 01:30 PM before Magistrate Judge Craig B Shaffer., Final Pretrial Conference set for 1/8/2008 09:15 AM before Magistrate Judge Craig B Shaffer.. Signed by Magistrate Judge Craig B Shaffer on 01/10/07. (rlp, )
January 10, 2007 Filing 37 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Scheduling Conference held on 1/10/2007: Denying 30 Motion to Amend/Correct/Modify. Discovery due by 8/1/2007; Dispositive Motions due by 9/14/2007; Settlement Conference set for 3/23/2007 at 1:30 p.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer; Final Pretrial Conference set for 1/8/2008 at 9:15 a.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR - Ben Van Dyke) (cbscd)
January 10, 2007 Filing 36 NOTICE of Entry of Appearance by Leonard H. MacPhee on behalf of Internet Archive(a California 501(c)(3) non-profit organization) (MacPhee, Leonard)
January 9, 2007 Filing 35 MEMORANDUM regarding 30 MOTION to Amend/Correct/Modify 1 Case Transferred In - District Transfer filed by Suzanne Shell.Motions referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 01/09/07. (Text Only Entry - No Document Attached)(rlp, )
January 5, 2007 Filing 34 CERTIFICATE of Mailing/Service re 33 Declaration, 32 Brief in Opposition to Motion, by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Bailey, Lila)
January 5, 2007 Filing 33 DECLARATION of LILA I. BAILEY regarding Brief in Opposition to Motion, 32 by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Bailey, Lila)
January 5, 2007 Filing 32 BRIEF in Opposition re 30 MOTION to Amend/Correct/Modify 1 Case Transferred In - District Transfer,,,,,,, INTERNET ARCHIVE'S OPPOSITION TO SHELL'S MOTION TO AMEND SCHEDULING ORDER filed by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Bailey, Lila)
January 5, 2007 Opinion or Order Filing 31 MINUTE ORDER Granting 27 Plaintiff's Unopposed Motion for Counsel to Appear by Telephone at the 1/10/07 Scheduling Conference; Denying as document is actually a proposed scheduling order, 28 Motion for Order to Scheduling Order. Entered by Magistrate Judge Craig B Shaffer on 1/5/07.(pap, )
January 4, 2007 Filing 30 Verified Unopposed MOTION to Amend Scheduling Order re: 1 Case Transferred In - District Transfer, by Counter Claimant/ThirdParty Plaintiff/ Defendant Suzanne Shell. (pap, )
January 4, 2007 Filing 29 MEMORANDUM regarding 27 MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Counsel to Appear at January 10, 2007 Scheduling Conference Telephonically filed by Internet Archive. Motions referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 01/04/07. (Text Only Entry - No Document Attached)(rlp, )
January 3, 2007 Filing 28 MOTION for Order to Scheduling Order by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth)
January 3, 2007 Filing 27 MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Counsel to Appear at January 10, 2007 Scheduling Conference Telephonically by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth)
December 26, 2006 Filing 26 REPLY to Response to Motion re 20 MOTION to Dismiss Counterclaims Internet Archive's Reply to Suzanne Shell's Opposition to Motion to Dismiss Counterclaims filed by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth)
December 11, 2006 Filing 25 Mail Returned as Undeliverable Addressed to Kathleen Burch. (rlp, )
December 8, 2006 Filing 24 RESPONSE to Motion re 20 MOTION to Dismiss Counterclaims filed by Counter Claimant, ThirdParty Plaintiff, Defendant Suzanne Shell. (rlp2, )
November 29, 2006 Opinion or Order Filing 23 MINUTE ORDER resetting Scheduling Conference for 1/10/2007 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 11/29/06. (rlp, )
November 20, 2006 Filing 22 Docket Annotation re: 21 Transcript. Incorrect document coded into docket entry due to error of the clerk, entry should be Text only entry. Text only entry - no document attached. (rlp, )
November 17, 2006 Filing 21 TRANSCRIPT of Status Conference held on 11/01/06 before Judge Shaffer. Prepared by: Avery Woods Court Reporting. Pages: 1-11. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (rlp, ) (Modified on 11/20/2006 to remove pdf order attached in error) (lam, ).
November 16, 2006 Filing 20 MOTION to Dismiss Counterclaims by Plaintiff Internet Archive. (Attachments: # 1 Appendix Appendix of Unpublished Cases)(Wilson, Kenneth)
November 2, 2006 Filing 19 CERTIFICATE of Mailing by Clerk of Court re 18 Amended Answer to Complaint, Third Party Complaint, Counterclaim, 17 Order on Motion to Amend/Correct/Modify, Motion Hearing. (rlp2, )
November 1, 2006 Filing 18 AMENDED ANSWER to Complaint, accepted per 17 , THIRD PARTY COMPLAINT against Brewster Kahle, Kathleen Burch, Rick Prelinger, COUNTERCLAIM against Internet Archive by Defendant Suzanne Shell, Plaintiff Internet Archive. (rlp2, )
November 1, 2006 Filing 17 Minute Entry for proceedings held before Judge Craig B Shaffer : granting 9 Motion to Amend; Motion Hearing held on 11/1/2006 ; Set/Reset Deadlines: Proposed Pretrial Order due by 12/13/2006. (Court Reporter Ellen Miller FTR.) (rlp2, )
October 27, 2006 Opinion or Order Filing 16 MINUTE ORDER granting 13 Motion for Leave to Appear Telephonically, by Magistrate Judge Craig B Shaffer on 10/27/06.(rlp2, )
October 26, 2006 Filing 15 MEMORANDUM regarding 13 MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Lead Counsel to Appear at November 1, 2006 Status Conference Telephonically filed by Internet Archive. Motions referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 10/26/06. (Text Only Entry - No Document Attached)(rlp2, )
October 26, 2006 Opinion or Order Filing 14 SECOND ORDER resetting Scheduling Conference for 12/20/2006 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, signed by Magistrate Judge Craig B Shaffer on 10/26/06. (rlp2, )
October 25, 2006 Filing 13 MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Lead Counsel to Appear at November 1, 2006 Status Conference Telephonically by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth)
October 20, 2006 Opinion or Order Filing 12 MINUTE ORDER setting Status Conference on Motion to Amend 9 , set for 11/1/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 10/20/06. (rlp2, )
October 18, 2006 Filing 11 MEMORANDUM regarding 9 MOTION to Amend/Correct/Modify 3 Answer to Complaint, Counterclaim filed by Suzanne Shell. Motions referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 10/18/06. (Text Only Entry - No Document Attached)(rlp2, )
October 16, 2006 Opinion or Order Filing 10 ORDER setting Scheduling Conference for 12/11/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, signed by Magistrate Judge Craig B Shaffer on 10/16/06. (rlp, )
October 6, 2006 Filing 9 MOTION to Amend/Correct/Modify 3 Answer to Complaint, Counterclaim by Counter Claimant Suzanne Shell, Defendant Suzanne Shell. (Attachments: # 1 Exhibit 1# 2 Proposed Document)(rlp2, )
September 12, 2006 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Babcock. (rlp2, )
September 11, 2006 Filing 7 NOTICE (Entry of Appearance) of Change of Counsel, by Lila I Bailey on behalf of Internet Archive (rlp2, )
September 1, 2006 Filing 6 Letter from Clerk to Counsel and Suzanne Shell advising of case number assigned to this transferred action. (llr, )
August 31, 2006 Filing 5 Reply (ANSWER) to First Counterclaim by Internet Archive. Text only entry - no document attached.(llr, )
August 31, 2006 Filing 4 First AMENDED ANSWER and Objection to Venue and Counterclaim re 3 Answer to Complaint, Counterclaim by Defendant Suzanne Shell. Text only entry - no document attached. (llr, )
August 31, 2006 Filing 3 ANSWER to Complaint and Objection to Venue and COUNTERCLAIM against Internet Archive with Jury Demand by Suzanne Shell. Text only entry - no document attached.(llr, )
August 31, 2006 Filing 2 COMPLAINT for Declaratory Relief of Copyright Non-Infringement against Suzanne Shell , filed by Internet Archive. Text only entry - no document attached.(llr, )
August 31, 2006 Filing 1 Case transferred in from District of Northern California, San Francisco; Case Number C 06 0397 JSW. Original file with documents #1 through 44, certified copy of transfer order and docket sheet received, filed by Internet Archive. (Attachments: # 1 Doc 1 - Compl attach 26 pgs# 2 Doc 1 - Compl attach con't. 23 pgs# 3 Doc 2 - Sch Ord# 4 Doc 3 - Rpt to Register of Copyrights# 5 Doc 4 - Answer# 6 Doc 5 - Declination# 7 Doc 6 - Notice# 8 Doc 7 - Reassignment Order# 9 Doc 8 - First Amend Answer# 10 Doc 8 - Attachments# 11 Doc 9 - Order# 12 Doc 10 - Cert of Svc# 13 Doc 11 - Notice of Motion# 14 Doc 12 - Reply# 15 Doc 13 - Cert of svc# 16 Doc 14 - Amend Notice# 17 Doc 15 - Motion to Trans# 18 Doc 16 - Clerk's Notice# 19 Doc 17 - Clerk's Notice# 20 Doc 18 - Motion to Amend# 21 Doc 19 - Second Amend Answer# 22 Doc 20 - Clerk's Notice# 23 Doc 21 - Motion to Strike# 24 Doc 22 - Unopp Motion# 25 Doc 23 - Response# 26 Doc 24 - Reply# 27 Doc 25 - Opposition to Motion to Amend# 28 Doc 26 - Opposition to Motion to Trans# 29 Doc 27 - Declaration# 30 Doc 28 - Declaration# 31 Doc 28 - Declaration Attach# 32 Doc 29 - Cert of Svc# 33 Doc 30 - Reply to Response# 34 Doc 31 - Cert of Svc# 35 Doc 32 - Statement# 36 Doc 33 - Cert of Svc# 37 Doc 34 - Motion# 38 Doc 36 - Order# 39 Doc 37 - Joint Statement# 40 Doc 35 - Response Attach# 41 Doc 38 - Cert of Svc# 42 Doc 39 - Order# 43 Doc 40 - Notice# 44 Doc 41 - Notice# 45 Doc 42 - Cert of Svc# 46 Doc 43 - Stipulation and Order# 47 3/31/06 - Proposed Order# 48 4/10/06 - Proposed Order# 49 4/13/06 - Proposed Order# 50 Third Party Summons# 51 S.F. Court Docket Sheet# 52 S.F. Civil Cover Sheet# 53 S.F. Receipt# 54 Doc 44 - Letter of Transmittal)(llr, )

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Search for this case: Internet Archive v. Shell
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Plaintiff: Internet Archive
Represented By: Kenneth B. Wilson
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Defendant: Suzanne Shell
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Counter claimant: Suzanne Shell
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Counter defendant: Internet Archive
Represented By: Kenneth B. Wilson
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Thirdparty defendant: Brewster Kahle
Represented By: Michael H. Rubin
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Thirdparty defendant: Kathleen Burch
Represented By: Michael H. Rubin
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Thirdparty defendant: Rick Prelinger
Represented By: Michael H. Rubin
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Thirdparty plaintiff: Suzanne Shell
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