EBF Partners, LLC v. Capsule Media Group, LLC
| EBF Partners, LLC |
| Capsule Media Group, LLC |
| 1:2019cv01424 |
| July 30, 2019 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
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Filing 56
SO ORDERED re #55 Stipulation of Dismissal. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 5/14/2020. (dlw)
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| Filing 55 STIPULATION of Dismissal by EBF Partners, LLC. (Culley, David) |
| Filing 54 NOTICE OF SERVICE of Defendant's First Set of Interrogatories and Requests for Production of Documents filed by Capsule Media Group, LLC(a California limited liability company).(Stuhlman, Gregory) |
| Filing 53 NOTICE OF SERVICE of (1) Defendant Capsule Media Group, LLC's Supplemental Objections and Responses to Plaintiff's First Request for Production of Documents; (2) Defendant Capsule Media Group, LLC's Objections and Responses to Plaintiff's Second Set of Interrogatories to Defendant; (3) Defendant Capsule Media Group, LLC's Objections and Responses to Plaintiff's Second Request for Production of Documents; and (4) Defendant Capsule Media Group, LLC's Supplemental Objections and Responses to Plaintiff's First Set of Interrogatories to Defendant filed by Capsule Media Group, LLC(a California limited liability company).(Stuhlman, Gregory) |
| Filing 52 NOTICE OF SERVICE of Plaintiff's Second Set of Interrogatories and Requests for Production filed by EBF Partners, LLC.(Cecil, Robert) |
| Filing 51 NOTICE OF SERVICE of Plaintiffs First Set of Interrogatories to Defendant and Defendant Capsule Media Group, LLCs Objections and Responses to Plaintiffs First Request for Production of Documents filed by Capsule Media Group, LLC.(Stuhlman, Gregory) |
| Filing 50 NOTICE OF SERVICE of Plaintiff's First Set of Interrogatories and Requests for Production directed to Defendant filed by EBF Partners, LLC.(Cecil, Robert) |
| Filing 49 NOTICE OF SERVICE of Initial Disclosures filed by EBF Partners, LLC.(Cecil, Robert) |
| Filing 48 NOTICE OF SERVICE of Defendant Capsule Media Group, LLC's Initial Disclosures filed by Capsule Media Group, LLC(a California limited liability company).(Stuhlman, Gregory) |
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Filing 47
ORDER Setting Teleconference: A Telephone Conference is set for 1/9/2020 at 11:30 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Counsel for EBF Partners shall initiate the teleconference call. Signed by Judge Mary Pat Thynge on 12/19/19. (cak)
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Filing 46
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 1/31/2020. Amended Pleadings due by 1/31/2020. Fact Discovery completed by 7/31/2020. Opening Expert Reports due by 8/7/2020. Rebuttal Expert Reports due by 8/21/2020. Reply Expert REports due by 9/3/2020. A Pretrial Conference is set for 1/14/2021 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 3-day Bench Trial is set for 1/25/2021 at 09:00 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 12/19/2019. (dlw)
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| Filing 45 REPLY BRIEF re #40 MOTION to Dismiss Amended Counterclaims 2, 3, 4, and 5 for Failure to State a Claim filed by EBF Partners, LLC. (Cecil, Robert) |
| CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) |
| Filing 44 PROPOSED ORDER // Scheduling Order by EBF Partners, LLC. (dlw) |
| CORRECTING ENTRY: D.I. 44 has been deleted from the docket and re-filed using the proper event code "Proposed Order." (dlw) |
| Filing 43 STIPULATION TO EXTEND TIME to file Reply Brief of Plaintiff/Counter-Defendant to December 20, 2019 - filed by EBF Partners, LLC. (Cecil, Robert) Modified on 12/11/2019 (dlw). |
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SO ORDERED re #43 STIPULATION TO EXTEND TIME to file Reply Brief of Plaintiff/Counter-Defendant to December 20, 2019 (Set Briefing Schedule: re #40 MOTION to Dismiss Amended Counterclaims 2, 3, 4, and 5 for Failure to State a Claim - Reply Brief due 12/20/2019). ORDERED by Judge Maryellen Noreika on 12/11/2019. (dlw)
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| Filing 42 ANSWERING BRIEF in Opposition re #40 MOTION to Dismiss Amended Counterclaims 2, 3, 4, and 5 for Failure to State a Claim filed by Capsule Media Group, LLC(a California limited liability company).Reply Brief due date per Local Rules is 12/16/2019. (Stuhlman, Gregory) |
| Filing 41 OPENING BRIEF in Support of #40 Motion to Dismiss Amended Counterclaims 2, 3, 4, and 5 filed by EBF Partners, LLC. Answering Brief/Response due date per Local Rules is 12/9/2019. (Cecil, Robert) Modified on 11/26/2019 (dlw). |
| Filing 40 MOTION to Dismiss Amended Counterclaims 2, 3, 4, and 5 for Failure to State a Claim - filed by EBF Partners, LLC. (Attachments: #1 Text of Proposed Order (Cecil, Robert) Modified on 11/26/2019 (dlw). |
| Filing 39 ANSWER to #2 Complaint AMENDED COUNTERCLAIM against EBF Partners, LLC by Capsule Media Group, LLC. (Attachments: #1 Blackline showing changes to counterclaims)(Stuhlman, Gregory) Modified on 11/19/2019 (dlw). |
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Filing 38
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms (last updated 9/2019)). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 11/18/2019. (dlw)
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| Filing 37 STIPULATION TO EXTEND TIME for Defendant to file its answering brief in opposition to Plaintiff's Motion to Dismiss Counterclaims to November 18, 2019 and Plaintiff's reply brief in further support of the Motion to Dismiss until November 25, 2019 - filed by Capsule Media Group, LLC. (Cicero, Joseph) Modified on 11/7/2019 (dlw). |
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SO ORDERED re #37 STIPULATION TO EXTEND TIME for Defendant to file its answering brief in opposition to Plaintiff's Motion to Dismiss Counterclaims to November 18, 2019 and Plaintiff's reply brief in further support of the Motion to Dismiss until November 25, 2019 (Set Briefing Schedule: re #35 MOTION to Dismiss Counterclaims 2, 3, and 4 for Failure to State a Claim - Answering Brief due 11/18/2019. Reply Brief due 11/25/2019). ORDERED by Judge Maryellen Noreika on 11/7/2019. (dlw)
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| Filing 36 OPENING BRIEF in Support re #35 MOTION to Dismiss Counterclaims 2, 3, and 4 for Failure to State a Claim filed by EBF Partners, LLC. Answering Brief/Response due date per Local Rules is 11/12/2019. (Cecil, Robert) Modified on 10/28/2019 (dlw). (Main Document 36 replaced on 10/28/2019) (dlw). |
| Filing 35 MOTION to Dismiss Counterclaims 2, 3, and 4 for Failure to State a Claim - filed by EBF Partners, LLC. (Attachments: #1 Text of Proposed Order)(Cecil, Robert) Modified on 10/28/2019 (dlw). |
| CORRECTING ENTRY: D.I. 36 has been replaced on the docket with a version of the brief that complies with this Court's Local Rules and Judge Noreika's Preferences and Procedures. The footnotes now appear in 12-point type. (dlw) |
| Filing 34 ANSWER to #2 Complaint , COUNTERCLAIM against EBF Partners, LLC by Capsule Media Group, LLC.(Cicero, Joseph) |
| Filing 33 NOTICE of Withdrawal of Defendant's Motion for Temporary Restraining Order and Preliminary Injunction by Capsule Media Group, LLC re #14 MOTION for Temporary Restraining Order and Preliminary Injunction (Stuhlman, Gregory) |
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ORAL ORDER Terminating Motion Hearing - IT IS HEREBY ORDERED that the 9/26/2019 9:30 AM hearing on #14 Defendant's Motion for Preliminary Injunction is TERMINATED. Motions terminated: #14 MOTION for Temporary Restraining Order and Preliminary Injunction. ORDERED by Judge Maryellen Noreika on 9/17/2019. (dlw)
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| Filing 32 SUR-REPLY BRIEF re #14 MOTION for Temporary Restraining Order and Preliminary Injunction filed by EBF Partners, LLC. (Cecil, Robert) |
| Filing 31 NOTICE of Withdrawal of Counsel (Daniel Katz and Sheila Sadovnik Alcabes) by Capsule Media Group, LLC (Cicero, Joseph) |
| Filing 30 NOTICE of Appearance by Joseph Benedict Cicero on behalf of Capsule Media Group, LLC (Cicero, Joseph) |
| Filing 29 NOTICE OF SUBSTITUTION OF COUNSEL re Capsule Media Group, LLC: Entry of appearance of attorney Gregory Erich Stuhlman. Attorney N. Christopher Griffiths and Lauren P. DeLuca terminated. (Stuhlman, Gregory) |
| Filing 28 MOTION to Strike Defendant's Reply Memorandum in Further Support of Defendant's Motion for Preliminary Injunction - filed by EBF Partners, LLC. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Motion to Strike Defendant's Reply Memorandum in Further Support of Defendant's Motion for Preliminary Injunction)(Cecil, Robert) Modified on 9/6/2019 (dlw). |
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ORAL ORDER DENYING #28 Motion to Strike - IT IS HEREBY ORDERED that Plaintiff's Motion is DENIED. IT IS FURTHER ORDERED that on or before 9/13/2019, Plaintiff may file a five (5) page sur-reply brief addressing "the new argument pertaining to the Book, as well as the arguments reargued in Argument Section III" of Defendant's Reply Memorandum #27 . ORDERED by Judge Maryellen Noreika on 9/6/2019. (dlw)
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| Filing 27 REPLY BRIEF re #14 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Capsule Media Group, LLC. (DeLuca, Lauren) |
| CORRECTING ENTRY: Former D.I. 25 was deleted from the docket and re-filed to: (1) correct errors in the table of contents, (2) use the proper event code, and (3) separate the declaration so that it was filed as its own event. (dlw) |
| Filing 26 DECLARATION of Laura Jackson, Esquire re #25 Answering Brief in Opposition by EBF Partners, LLC. (dlw) |
| Filing 25 ANSWERING BRIEF in Opposition re #14 MOTION for Temporary Restraining Order and Preliminary Injunction filed by EBF Partners, LLC. Reply Brief due date per 8/19/2019 Oral Order is 9/4/2019. (dlw) |
| Filing 24 Official Transcript of Teleconference held on 8/12/2019 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Telephone number 573-6196. 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. Redaction Request due 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019. (dh) |
| Pro Hac Vice Attorneys Ryan H. Lehrer and Paul O. Lopez for EBF Partners, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
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Filing 23
ORAL ORDER granting #22 Stipulation and [Proposed] Order Regarding Briefing of Defendant's Motion for Preliminary Injunction ( #14 ). The plaintiff's answering brief is due by 8/30/2019, and defendant's reply brief is due by 9/6/2019, or within seven (7) days of the answering brief. IT IS FURTHER ORDERED that a hearing on the motion for preliminary injunction is set for 9/26/2019 at 09:30 AM in Courtroom 4A. The Court will set aside a full day for the hearing, but may revisit the length once briefing is complete. ORDERED by Judge Maryellen Noreika on 8/19/2019. (mdb)
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| Filing 22 STIPULATION and [Proposed] Order Regarding Briefing of Defendant's Motion for Preliminary Injunction re #14 MOTION for Temporary Restraining Order and Preliminary Injunction, Telephone Conference, by Capsule Media Group, LLC. (Griffiths, Norman) |
| Filing 21 REDACTED VERSION of #18 Exhibits 1 and 2 re Declaration of Eitan Zimerman by Capsule Media Group, LLC. (Griffiths, Norman) Modified on 8/21/2019 (mdb). |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 8/12/2019 re DI #14 ). The Motion for a Temporary Restraining Order is DENIED for the reasons stated in the record. To the extent the Defendant would like to pursue the Motion for a Preliminary Injunction ( #14 ), the parties shall submit a stipulated briefing schedule, that includes a time-frame for a hearing, by the end of this week. (Court Reporter Dale Hawkins.) (mdb) |
| Pro Hac Vice Attorney Daniel Katz, and Shella Sadovnik Alcabes for Capsule Media Group, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d), Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) |
| Filing 20 CERTIFICATE OF SERVICE of SEALED Exhibits 1 and 2 to the Declaration of Eitan Zimerman by Capsule Media Group, LLC re #18 Exhibit to a Document (Griffiths, Norman) |
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Filing 19
ORAL ORDER Setting Teleconference: A Telephone Conference is set for 8/12/2019 at 03:00 PM before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 8/9/2019. (dlw)
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| Filing 18 [SEALED] EXHIBITS 1 and 2 re #17 Declaration of Eitan Zimerman by Capsule Media Group, LLC. (Attachments: #1 Exhibit 1 and 2)(Griffiths, Norman) Modified on 8/9/2019 (dlw). |
| Filing 17 DECLARATION of Eitan Zimerman re #15 Opening Brief in Support by Capsule Media Group, LLC. (Attachments: #1 Exhibit 3)(Griffiths, Norman) Modified on 8/9/2019 (dlw). |
| Filing 16 DECLARATION Daniel Katz, Esq. re #15 Opening Brief in Support by Capsule Media Group, LLC. (Griffiths, Norman) Modified on 8/9/2019 (dlw). |
| Filing 15 OPENING BRIEF in Support re #14 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Capsule Media Group, LLC. Answering Brief/Response due date per Local Rules is 8/23/2019. (Griffiths, Norman) Modified on 8/9/2019 (dlw). |
| Filing 14 MOTION for Temporary Restraining Order and Preliminary Injunction - filed by Capsule Media Group, LLC. (Attachments: #1 Text of Proposed Order)(Griffiths, Norman) Modified on 8/9/2019 (dlw). |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Daniel Katz and Shella Sadovnik Alcabes - filed by Capsule Media Group, LLC. (Griffiths, Norman) |
| Filing 12 NOTICE of Appearance by Norman Christopher Griffiths on behalf of Capsule Media Group, LLC (Griffiths, Norman) |
| Filing 11 WAIVER OF SERVICE returned executed by EBF Partners, LLC: For Capsule Media Group, LLC waiver sent on 8/7/2019, answer due 10/7/2019. (Cecil, Robert) |
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SO ORDERED re #13 MOTION for Pro Hac Vice Appearance of Attorney Daniel Katz and Shella Sadovnik Alcabes filed by Capsule Media Group, LLC. ORDERED by Judge Maryellen Noreika on 8/9/2019. (dlw)
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Paul O. Lopez, #7 MOTION for Pro Hac Vice Appearance of Attorney Ryan H. Lehrer filed by EBF Partners, LLC. ORDERED by Judge Maryellen Noreika on 8/8/2019. (dlw)
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| Filing 10 REDACTED VERSION of #8 Exhibit to a Document by EBF Partners, LLC. (Cecil, Robert) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nms) |
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Filing 9
ORDER granting #1 PLAINTIFFS MOTION FOR LEAVE TO FILE EXHIBIT 1 TO COMPLAINT UNDER SEAL. Signed by Judge Leonard P. Stark on 7/31/2019. (sam)
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| Filing 8 [SEALED] EXHIBIT re #2 Complaint by EBF Partners, LLC. (sam) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Ryan H. Lehrer - filed by EBF Partners, LLC. (Cecil, Robert) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Paul O. Lopez - filed by EBF Partners, LLC. (Cecil, Robert) |
| Summons Issued with Magistrate Consent Notice attached as to Capsule Media Group, LLC on 7/31/19. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sam) |
| Remark: Case submitted for routine judicial assignment. (sam) |
| Remark: Exit copies of documents to Duty Judge (RGA). (sam) |
| Remark: Exit copies of documents to Duty Judge (LPS). (sam) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by EBF Partners, LLC. (sam) |
| Filing 4 DECLARATION OF LAURA JACKSON, ESQ. re D.I. #1 MOTION to Seal by EBF Partners, LLC. (sam) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) |
| Filing 2 COMPLAINT filed against Capsule Media Group, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2697570.) - filed by EBF Partners, LLC. (Attachments: #1 Civil Cover Sheet)(sam) |
| Filing 1 PLAINTIFFS MOTION FOR LEAVE TO FILE EXHIBIT 1 TO COMPLAINT UNDER SEAL - filed by EBF Partners, LLC. (Attachments: #1 Text of Proposed Order)(sam) |
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