Borchers v. Amazon.com, Inc. et al
| Donald P. Borchers |
| Does 1-10, Does 111-120, Does 21-30, Lions Gate Entertainment, Inc., Netflix, Inc., Doe Defendants 141-200, F.Y.E., Does 71-80, Does 131-140, DeepDiscount.com, The Target Group, Inc., Does 121-130, Ebay, Inc., Best Buy Co., Inc., Does 31-40, Apple, Inc., Amazon.com, Inc., Does 11-20, Does 51-60, Does 41-50, Does 91-100, Does 81-90, Barnes & Noble, Amoeba Music, Inc., Redbox Automated Retail, LLC, Walmart, Inc., Does 101-110, YouTube, Lions Gate Films, Inc., Target Corporation, Directtou, LLC, Trans World Entertainment Holding Corp, Google, LLC, Lantern Entertainment LLC, Anchor Bay Entertainment, LLC and Does 142-200 |
| 0:2018cv61537 |
| July 6, 2018 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| William P Dimitrouleas |
| Patrick M Hunt |
| Lurana S Snow |
| Copyright |
| 17 U.S.C. § 0101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 195 NOTICE of Compliance re #193 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay,DE #194 (mee) Text Modified on 1/30/2019 (mee). |
| Filing 194 FINAL JUDGMENT Closing Case. Signed by Judge William P. Dimitrouleas on 1/30/2019. See attached document for full details. (mee) |
Filing 193
ORDER ON MOTION TO DISMISS denying as moot #131 Motion to Dismiss for Failure to State a Claim; denying as moot #131 Motion to Stay; granting #181 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 1/30/2019. See attached document for full details. (mee)
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| Filing 192 Opposition to Lantern Entertainment LLC's Motion to Dismiss for Lack of Personal Jurisdiction Failure to State a Claim for Which Relief Can be Granted and Insufficient Service of Process re #181 MOTION to Dismiss with Prejudice #177 Summons Returned Executed, #176 Summons Issued, #175 Amended Complaint,, Motion to Dismiss for Lack of Personal Jurisdiction, Failure to State a Claim for Which Relief Can be Granted, and Insufficient filed by Donald P. Borchers. Replies due by 2/5/2019. (mee) |
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Filing 191
ORDER DENYING MOTION FOR HEARING denied without prejudice #190 Motion for Hearing. Signed by Judge William P. Dimitrouleas on 1/29/2019. See attached document for full details. (mee)
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| Filing 190 Plaintiff's MOTION for Hearing to Revoke the Pro Hac Vice Admission of Defendant's Out-Of-State Counsel, Christopher Frost and the Law Firm Eisner Jaffe by Donald P. Borchers. (mee) |
| Filing 189 NOTICE of Compliance re #188 Order on Motion to Dismiss (mee) |
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Filing 188
ORDER DENYING MOTION AS MOOTdenying as moot #128 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 1/25/2019. See attached document for full details. (mee)
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| Filing 187 Notice to Oppose Defendants Motion to Appear Pro Hac Vice re #183 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher Frost. Pay.gov Agency Tracking ID 113C-11335552. Filing Fee $ 75.00 filed by Donald P. Borchers. Replies due by 1/31/2019. (mee) |
| Filing 186 Notice to Oppose Defendant's Motion to Dismiss Without Prejudice re #181 MOTION to Dismiss with Prejudice #177 Summons Returned Executed, #176 Summons Issued, #175 Amended Complaint,, Motion to Dismiss for Lack of Personal Jurisdiction, Failure to State a Claim for Which Relief Can be Granted, and Insufficient filed by Donald P. Borchers. Replies due by 1/31/2019. (mee) |
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Filing 185
PAPERLESS ORDER granting #180 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin Kassis ; granting #183 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher Frost. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 1/24/2019. (vty)
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Filing 184
PAPERLESS ORDER denying #179 MOTION for Appearance Ad Hoc per the Notice of Striking [DE 182]. Signed by Judge William P. Dimitrouleas on 1/24/2019. (vty)
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| Filing 183 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher Frost. Pay.gov Agency Tracking ID 113C-11335552. Filing Fee $ 75.00 by Lantern Entertainment LLC. Responses due by 2/7/2019 (Dubbin, Samuel) |
| Filing 182 NOTICE of Striking #179 MOTION for Appearance Ad Hoc of Attorney Christopher Frost filed by Lantern Entertainment LLC by Lantern Entertainment LLC (Dubbin, Samuel) |
| Filing 181 MOTION to Dismiss with Prejudice #177 Summons Returned Executed, #176 Summons Issued, #175 Amended Complaint,, Motion to Dismiss for Lack of Personal Jurisdiction, Failure to State a Claim for Which Relief Can be Granted, and Insufficient Service of Process and Supporting Memorandum of Law by Lantern Entertainment LLC. Responses due by 2/6/2019 (Dubbin, Samuel) |
| Filing 180 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin Kassis. Filing Fee $ 150.00 Receipt # 113C-11335552 by Lantern Entertainment LLC. Responses due by 2/6/2019 (Dubbin, Samuel) |
| Filing 179 MOTION for Appearance Ad Hoc of Attorney Christopher Frost by Lantern Entertainment LLC. (Dubbin, Samuel) |
| Filing 178 NOTICE of Attorney Appearance by Samuel Johnathan Dubbin on behalf of Lantern Entertainment LLC. Attorney Samuel Johnathan Dubbin added to party Lantern Entertainment LLC(pty:dft). (Dubbin, Samuel) |
| Filing 177 SUMMONS (Affidavit) Returned Executed on #175 Amended Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Lantern Entertainment LLC served on 1/2/2019, answer due 1/23/2019. (mee) |
| Filing 176 Summons Issued as to Lantern Entertainment LLC. (mee) |
| Filing 175 Third Amended Complaint for Copyright Infringement and Request for Jury Trial against Amazon.com, Inc., Amoeba Music, Inc., Anchor Bay Entertainment, LLC, Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, Directtou, LLC, Does 1-10, Does 101-110, Does 11-20, Does 111-120, Does 121-130, Does 131-140, Does 142-200, Does 21-30, Does 31-40, Does 41-50, Does 51-60, Does 71-80, Does 81-90, Does 91-100, Ebay, Inc., F.Y.E., Google, LLC, Lantern Entertainment LLC, Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, Trans World Entertainment Holding Corp, Walmart, Inc., YouTube, filed by Donald P. Borchers. (Attachments: #1 Exhibit, #2 Exhibit)(mee) |
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Filing 174
ORDER on Plaintiff's Agreed Motion for Joinder of Additional Defendants granting in part #173 Motion for Leave to File. Amended Complaint due by 12/26/2018. Signed by Judge William P. Dimitrouleas on 12/17/2018. See attached document for full details. (dj)
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| Filing 173 MOTION to Join Lantern Entertainment, LLC as a Necessary Party by Donald P. Borchers. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(mc) |
| Filing 172 NOTICE of Compliance re #171 Order on Motion for Clarification (mee) |
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Filing 171
ORDER GRANTING MOTION FOR CLARIFICATION granting #170 Motion for Clarification. Signed by Judge William P. Dimitrouleas on 12/12/2018. See attached document for full details. (mee)
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| Filing 170 Joint MOTION for clarification #168 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Stay and Renewal of Motion to Dismiss by Amazon.com, Inc., Anchor Bay Entertainment, LLC, Apple, Inc., Barnes & Noble, Best Buy Co., Inc., Directtou, LLC, Ebay, Inc., Google, LLC, Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., Trans World Entertainment Holding Corp, Walmart, Inc., YouTube. Attorney Robert Donald Wike Landon, III added to party Anchor Bay Entertainment, LLC(pty:dft), Attorney Robert Donald Wike Landon, III added to party Directtou, LLC(pty:dft), Attorney Robert Donald Wike Landon, III added to party Google, LLC(pty:dft), Attorney Robert Donald Wike Landon, III added to party Trans World Entertainment Holding Corp(pty:dft). Responses due by 12/26/2018 (Landon, Robert) |
| Filing 169 NOTICE of Compliance re #168 Order on Motion to Dismiss, Mailed to Plaintiff. (cqs) |
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Filing 168
ORDER DENYING AS MOOT MOTIONS TO DISMISS Signed by Judge William P. Dimitrouleas on 12/6/2018. See attached document for full details. (cqs)
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| Filing 167 NOTICE by Anchor Bay Entertainment, LLC re #128 MOTION to Dismiss #25 Amended Complaint,, Notice of Joinder. Attorney Michael Anthony Ponzoli added to party Anchor Bay Entertainment, LLC(pty:dft). (Ponzoli, Michael) |
| Filing 166 NOTICE of Attorney Appearance by Michael Anthony Ponzoli on behalf of Directtou, LLC. Attorney Michael Anthony Ponzoli added to party Directtou, LLC(pty:dft). (Ponzoli, Michael) |
| Filing 165 NOTICE of Attorney Appearance by Michael Anthony Ponzoli on behalf of Trans World Entertainment Holding Corp. Attorney Michael Anthony Ponzoli added to party Trans World Entertainment Holding Corp(pty:dft). (Ponzoli, Michael) |
| Filing 164 Clerks Notice of Docket Correction re #160 Summons Returned Executed, #161 Summons Returned Executed, #162 Summons Returned Executed. Wrong Event Type selected. (mee) |
| Filing 163 ACKNOWLEDGMENT OF SERVICE Directtou LLC, Transworld Entertainment Holding Corp, Google for images see DE #160 , #161 #162 filed by Donald P. Borchers. (mee) |
| Filing 162 SUMMONS (Affidavit) Returned Executed on #150 Amended Complaint,, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Donald P. Borchers. Google, LLC served on 10/11/2018, answer due 10/25/2018. (mee) |
| Filing 161 SUMMONS (Affidavit) Returned Executed on #150 Amended Complaint,, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Donald P. Borchers. Trans World Entertainment Holding Corp served on 10/11/2018, answer due 10/25/2018. (mee) |
| Filing 160 SUMMONS (Affidavit) Returned Executed on #150 Amended Complaint,, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Donald P. Borchers. Directtou, LLC served on 10/12/2018, answer due 10/26/2018. (mee) |
| Filing 159 ACKNOWLEDGMENT OF SERVICE for Anchor Bay Entertainment, LLC filed by Donald P. Borchers. (mee) |
| Set/Reset Answer Due Deadline: Selected Wrong Event (mee) |
| Filing 158 NOTICE by Google, LLC re #128 MOTION to Dismiss #25 Amended Complaint,, , #148 Reply to Response to Motion, Notice of Joinder. Attorney Michael Anthony Ponzoli added to party Google, LLC(pty:dft). (Ponzoli, Michael) |
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Filing 157
ORDER denying without prejudice 136 Sealed Motion ; granting #156 Motion denying Plaintiff's Motion for Summary Judgment as Premature. Signed by Judge William P. Dimitrouleas on 10/15/2018. See attached document for full details. (dj)
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| Filing 156 MOTION to Deny Plaintiff's Premature Motion for Summary Judgment without Prejudice Tme-Sensitive by Amazon.com, Inc., Barnes & Noble, DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., Walmart, Inc., YouTube. (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
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Filing 155
ORDER TO SHOW CAUSE WHY MOTION SHOULD BE FILED UNDER SEAL. Show Cause Response due by 10/19/2018. Signed by Judge William P. Dimitrouleas on 10/12/2018. See attached document for full details. (mc)
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| Filing 154 RESPONSE in Support re #131 MOTION TO DISMISS #25 Amended Complaint,, FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION to Stay and Incorporated Memorandum of Law filed by Ebay, Inc.. (Ross, Ian) |
| Filing 153 Reply Brief in Further Support of their Motion to Dismiss Without Prejudice for Failure to Join a Necessary Party Pursuant to Federal Rule of Civil Procedure 12(B)(7) and Order (proposed) see DE #150 for Image re #145 Response to Motion,, by Donald P. Borchers. (mee) |
| Filing 152 RESPONSE to Motion re #128 MOTION to Dismiss #25 Amended Complaint,, filed by Donald P. Borchers. Replies due by 10/18/2018. (mee) |
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Filing 149
ORDER APPROVING STIPULATION FOR SUBSTITUTION OF COUNSEL FOR WALMART INC. re #147 Motion for Substitution of Counsel. Attorney added Michael Anthony Ponzoli for Walmart, Inc.. Attorney Robert Donald Wike Landon, III added. Attorney Stefan Mentzer; Raoul G. Cantero, III and Moneyede Martin terminated Notice of Termination delivered by US Mail to Stefan Mentzer. Signed by Judge William P. Dimitrouleas on 10/10/2018. See attached document for full details. (mc)
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| Filing 151 Summons Issued as to Directtou, LLC, Trans World Entertainment Holding Corp., Anchor Bay Entertainment, LLC, Google, LLC. (mee) |
| Filing 150 Second AMENDED COMPLAINT for Copyright Infringement and Request for Jury Trial against Amazon.com, Inc., Amoeba Music, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, Doe Defendants 141-200, Does 1-10, Does 101-110, Does 11-20, Does 111-120, Does 121-130, Does 131-140, Does 21-30, Does 31-40, Does 41-50, Does 51-60, Does 71-80, Does 81-90, Does 91-100, Ebay, Inc., F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., Walmart, Inc., YouTube filed in response to Order Granting Motion for Leave, filed by Donald P. Borchers. (Attachments: #1 Exhibit, #2 Exhibit)(mee) |
| Filing 148 REPLY to Response to Motion re #128 MOTION to Dismiss #25 Amended Complaint,, filed by Amazon.com, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., Walmart, Inc., YouTube. (Attachments: #1 Affidavit Declaration of Michael Adelman)(Landon, Robert) |
| Filing 147 STIPULATED MOTION for Substitution of Counsel. Substituting Robert D. W. Landon, III, Michael A. Ponzoli, Tom Ferber, Michael Adelman for Raoul Cantero, III, Moneyde Martin, Stefan Mentzer by Walmart, Inc.. Attorney Robert Donald Wike Landon, III added to party Walmart, Inc.(pty:dft). Responses due by 10/23/2018 (Attachments: #1 Exhibit A - Text of Proposed Order)(Landon, Robert) |
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Filing 146
ORDER granting #127 Motion for Joinder of Additional Defendants and to Correct Names of Defendants; granting #143 Motion for Joinder of Additional Defendants. Plaintiff shall separately file a Second Amended Complaint. Signed by Judge William P. Dimitrouleas on 10/5/2018. See attached document for full details. (mc)
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| Filing 145 Plaintiff's RESPONSE to Declaration of Valerie W. Ho in Support of Defendant Ebay Inc.'s Request for Judicial Notice in Connection with Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim or, in the Alternative, Motion to Stay re #131 MOTION TO DISMISS #25 Amended Complaint, FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction or, in the Alternative, MOTION to Stay and Incorporated Memorandum of Law filed by Donald P. Borchers. Replies due by 10/11/2018. (mee) |
| Filing 143 Plaintiff's Agreed Motion for Joinder of Additional Defendants by Donald P. Borchers re #128 Motion to Dismiss (mee)Date and Event Modified on 10/4/2018 (mee). Modified on 10/4/2018 (mee). |
| Filing 142 Modified to restrict image- Duplicate entry to #143 on 10/4/2018 (asl). |
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Filing 141
ORDER granting #140 Motion for Correction of Due Date for Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss Without Prejudice for Failure to Join Necessary Party Pursuant to Federal Rule of Civil Procedure 12(b)(7). The deadline for Defendants to file their replies to Plaintiff's Opposition to their Motion to Dismiss is October 9, 2018. (Replies due by 10/9/2018). Signed by Judge William P. Dimitrouleas on 10/2/2018. See attached document for full details. (mc)
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| Filing 144 Clerks Notice of Docket Correction re #138 Certificate of Service. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 18CV23047. (mee) |
| Filing 140 Unopposed MOTION Correction of Due Date for Reply by Amazon.com, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., YouTube. (Attachments: #1 Text of Proposed Order)(Ponzoli, Michael) |
| Filing 139 CERTIFICATE OF SERVICE by Donald P. Borchers re #135 Memorandum, (mee) |
| Filing 138 CERTIFICATE OF SERVICE by Donald P. Borchers re #134 Response in Opposition to Motion, (mee) Modified to restrict image on 10/4/2018 (asl). |
| SYSTEM ENTRY - Docket Entry 136 [motion] restricted/sealed until further notice. (cbr) |
| SYSTEM ENTRY - Docket Entry 137 [misc] restricted/sealed until further notice. (cbr) |
| Filing 135 Declaration of Donald P. Borchers Authenticating Documents in Support of Plaintiff's Opposition to Defendants Motion to Dismiss Without Prejudice for Failure to Join a Necessary Party Pursuant to Federal Rule of Civil Procedure in Support re #134 Response in Opposition to Motion, by Donald P. Borchers. (mee) (Main Document 135 replaced on 10/4/2018) (drz). |
| Filing 134 Opposition to Defendants Motion to Dismiss Without Prejudice for Failure to Join a Necessary Party Pursuant to Federal Rule of Civil Procedure 12(b)(7)(D.E.128) and Order re #128 MOTION to Dismiss #25 Amended Complaint,, filed by Donald P. Borchers. Replies due by 10/5/2018. (mee) |
| Filing 132 Corporate Disclosure Statement by Amoeba Music, Inc. (Galardi, Joseph) |
| Filing 133 NOTICE of Filing Notice to Oppose Defendants Motion to Dismiss without Prejudice for Failure to Join a Necessary Party Pursuant to Federal Rule of Civil Procedure 12(b)(7) by Donald P. Borchers (mee) |
| Filing 131 MOTION TO DISMISS #25 Amended Complaint,, FOR FAILURE TO STATE A CLAIM and for Lack of Subject Matter Jurisdiction or, in the Alternative,, MOTION to Stay and Incorporated Memorandum of Law ( Responses due by 10/9/2018) by Ebay, Inc.. (Attachments: #1 Exhibit Decl. of Valerie W. Ho)(Ross, Ian) |
| Filing 130 NOTICE by Amoeba Music, Inc. re #128 MOTION to Dismiss #25 Amended Complaint,, JOINDER IN CO-DEFENDANTS' MOTION TO DISMISS (Galardi, Joseph) |
| Filing 129 NOTICE by Walmart, Inc. re #128 MOTION to Dismiss #25 Amended Complaint,, Notice of Joinder in Co-Defendants' Motion to Dismiss (Cantero, Raoul) |
| Filing 128 MOTION to Dismiss #25 Amended Complaint,, by Amazon.com, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, The Target Group, Inc., YouTube. Responses due by 10/9/2018 (Attachments: #1 Exhibit A - Declaration of Michael Adelman)(Landon, Robert) |
| Filing 127 Plaintiff's Motion for Joinder of Additional Defendants and to Correct Names of Defendants and Order (proposed) by Donald P. Borchers. Responses due by 10/1/2018 (mee) Date Modified on 9/17/2018 (mee). |
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Filing 126
ORDER denying without prejudice #87 Motion for Default Judgment against Defendant Amoeba Music, Inc. ; denying without prejudice #89 Motion for Default Judgment against Defendant F.Y.E. ; denying without prejudice #92 Motion for Default Judgment against Defendant Redbox Automated Retail, LLC. Plaintiff filing renewed motions for default judgment in the event the Defendants fail to respond to the Complaint on or before September 24, 2018. Signed by Judge William P. Dimitrouleas on 9/12/2018. See attached document for full details. (mc)
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| Set Answer Due Deadline: Amoeba Music, Inc. response due 9/24/2018 per DE #125 Order. (mc) |
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Filing 125
ORDER granting #119 Motion to Set Aside Clerk's Default. The Clerk's Entry of Default DE #69 is hereby VACATED as to Defendant Amoeba. Defendant Amoeba shall respond to the Amended Complaint on or before September 24, 2018. Signed by Judge William P. Dimitrouleas on 9/7/2018. See attached document for full details. (mc)
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Filing 124
ORDER denying without prejudice #122 Motion to Amend Complaint to Correct Names of Defendants. Signed by Judge William P. Dimitrouleas on 9/7/2018. See attached document for full details. (mc)
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| Filing 123 Corporate Disclosure Statement by Walmart, Inc. identifying Corporate Parent Walmart Inc. for Walmart, Inc. (Martin, Moneyede) |
| Filing 122 Plaintiff's MOTION to Amend Complaint to Correct Names of Defendants and Order (proposed) by Donald P. Borchers. Responses due by 9/19/2018 (mee) |
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Filing 121
ORDER granting #118 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael Adelman. Signed by Judge William P. Dimitrouleas on 9/5/2018. See attached document for full details. (mc)
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Filing 120
ORDER granting #117 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Tom J. Ferber. Signed by Judge William P. Dimitrouleas on 9/5/2018. See attached document for full details. (mc)
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| Filing 119 Unopposed MOTION to Set Aside Default by Amoeba Music, Inc.. (Attachments: #1 Text of Proposed Order ORDER GRANTING UNOPPOSED MOTION TO SET ASIDE CLERKS DEFAULT)(Galardi, Joseph) |
| Filing 118 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Adelman. Filing Fee $ 75.00 Receipt # 113C-10968670 by Amazon.com, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, YouTube. Responses due by 9/19/2018 (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 117 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tom J. Ferber. Filing Fee $ 75.00 Receipt # 113C-10968630 by Amazon.com, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, Target Corporation, YouTube. Responses due by 9/19/2018 (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 116 RESPONSE TO ORDER TO SHOW CAUSE re #107 Order to Show Cause, by Amoeba Music, Inc.. (Galardi, Joseph) |
| Filing 115 RESPONSE TO ORDER TO SHOW CAUSE re #108 Order to Show Cause, by F.Y.E.. (Landon, Robert) |
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Filing 114
ORDER granting #111 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) James E. Geringer. Signed by Judge William P. Dimitrouleas on 8/31/2018. See attached document for full details. (jas)
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Filing 113
ORDER granting #99 Motion to Set Deadline for Time to Respond to Amended Complaint. Defendant Barnes & Noble, Inc. shall file its response to Plaintiff's Amended Complaint on or before September 24, 2018. (Barnes & Noble. Answer due 9/24/2018 re: #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 8/31/2018. See attached document for full details. (mc)
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Filing 112
ORDER granting #101 Motion to Set Aside Entry of Default; granting #102 Motion to Set Deadline for Time to Respond to Amended Complaint. The Clerk's Entry of Default DE #71 is hereby VACATED as to Defendant F.Y.E. Defendant F.Y.E. shall respond to the Amended Complaint on or before September 24, 2018. (F.Y.E.. Answer due 9/24/2018 re: #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 8/30/2018. See attached document for full details. (mc)
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| Filing 111 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James E. Geringer. Filing Fee $ 75.00 Receipt # 113C-10957528 by Amazon.com, Inc.. Responses due by 9/13/2018 (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
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Filing 110
ORDER OF RECUSAL signed by Magistrate Judge Lurana S. Snow on 8/30/2018. Magistrate Judge Lurana S. Snow recused. Case randomly reassigned to Magistrate Judge Patrick M. Hunt for all further proceedings. See attached document for full details. (ane)
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| Filing 109 CLERKS' NOTICE of Compliance. Copy of DE #107 Order to Show Cause mailed to Defendant Amoeba Musica, Inc. Copy of DE #108 Order to Show Cause mailed to Defendant F.Y.E. (mc) |
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Filing 108
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT GRANT #89 PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT. Show Cause Response due by 9/5/2018. Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc)
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Filing 107
ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT GRANT #87 PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT. Show Cause Response due by 9/5/2018. Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc) Modified to add document link on 8/30/2018 (mc).
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Filing 106
ORDER ON DEFENDANT'S AGREED MOTION TO SET DEADLINE FOR TIME TO RESPOND TO AMENDED COMPLAINT BASED ON WAIVER OF SERVICE. Defendant's Motion DE #97 is hereby GRANTED. Defendants DeepDiscount.com, Target Corporation and YouTube shall file their responses on 9/24/2018. (Answer due 9/24/2018 re #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc)
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Filing 105
ORDER granting #96 Motion to Set Aside Default. The Clerk's Entry of Default DE #85 is hereby VACATED as to Defendant Youtube, LLC. Defendant Youtube, LLC shall respond to the Complaint on or before September 24, 2018. Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc)
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Filing 104
ORDER granting #91 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Valerie W. Ho. Signed by Judge William P. Dimitrouleas on 8/29/2018. See attached document for full details. (mc)
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| Filing 103 Corporate Disclosure Statement by Barnes & Noble, F.Y.E. identifying Other Affiliate BlackRock, Inc. for Barnes & Noble; Other Affiliate Trans World Entertainment Corporation for F.Y.E. (Ponzoli, Michael) |
| Filing 102 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, by F.Y.E.. Attorney Robert Donald Wike Landon, III added to party F.Y.E.(pty:dft). (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 101 Defendant's MOTION to Set Aside Default by F.Y.E.. Attorney Michael Anthony Ponzoli added to party F.Y.E.(pty:dft). (Ponzoli, Michael) |
| Filing 100 Corporate Disclosure Statement by Ebay, Inc. (Ross, Ian) |
| Filing 99 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, Based on Waiver of Service by Barnes & Noble. Attorney Robert Donald Wike Landon, III added to party Barnes & Noble(pty:dft). (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 98 Corporate Disclosure Statement by DeepDiscount.com, The Target Group, Inc., YouTube identifying Other Affiliate Google LLC for YouTube; Other Affiliate Directtou, LLC for DeepDiscount.com (Ponzoli, Michael) |
| Filing 97 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, Based on Waiver of Service by DeepDiscount.com, The Target Group, Inc., YouTube. Attorney Robert Donald Wike Landon, III added to party DeepDiscount.com(pty:dft), Attorney Robert Donald Wike Landon, III added to party The Target Group, Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party YouTube(pty:dft). (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 96 Defendant's MOTION to Set Aside Default by YouTube. Attorney Michael Anthony Ponzoli added to party YouTube(pty:dft). (Attachments: #1 Exhibit A)(Ponzoli, Michael) |
| Filing 91 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for VALERIE HO. Filing Fee $ 75.00 Receipt # 113C-10946162 by Ebay, Inc.. Responses due by 9/11/2018 (Attachments: #1 Text of Proposed Order)(Ross, Ian) |
| Filing 90 MEMORANDUM in Support re #89 MOTION for Default Judgment by Donald P. Borchers. (mee) |
| Filing 89 Application for Default Judgment against Defendant F.Y.E., a Brand of Trans World Entertainment Corp., a New York Corporation Pursuant to FRCP 55 and Final Judgment (Proposed) by Donald P. Borchers. (mee) |
| Filing 88 MEMORANDUM in Support re #87 MOTION for Default Judgment by Donald P. Borchers. (mee) |
| Filing 87 Application for Default Judgment against Defendant Amoeba Music, Inc., a California Corporation Pursuant to FRCP 55 and Final Judgment (proposed) by Donald P. Borchers. (mee) |
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Filing 86
ORDER granting #77 Motion to Set Aside Default. The Clerk's Entry of Default DE #73 is hereby VACATED as to Defendant Redbox Automated Retain, LLC. Defendant Redbox Automated Retail, LLC shall respond to the Complaint on or before September 24, 2018. Signed by Judge William P. Dimitrouleas on 8/27/2018. See attached document for full details. (mc)
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| Filing 85 (VACATED per DE #105 Clerks Entry of Default as to YouTube a subsidiary of Google LLC., a Delaware corporation - Motions Terminated: #84 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/27/2018. (mee) Modified text on 8/30/2018 (mc). |
| Filing 84 MOTION for Clerks Entry of Default as to YouTube by Donald P. Borchers. (mee) (Main Document 84 replaced on 8/30/2018) (drz). |
| Filing 83 CLERK'S NOTICE of Compliance. Copy of #82 Order on Defendant's Agreed Motion to Set Deadline for Time to Respond to Complaint Based on Waiver of Service mailed to plaintiff, David P. Borchers. (mc) |
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Filing 82
ORDER ON DEFENDANT'S AGREED MOTION TO SET DEADLINE FOR TIME TO RESPOND TO COMPLAINT BASED ON WAIVER OF SERVICE. Motion to Set Deadline for Time to Respond to Amended Complaint Based on Waiver of Service DE #75 is hereby GRANTED. Defendants Amazon.com, Inc., Best Buy Co., Inc., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., and Redbox Automated Retail, LLC, shall file their responses to Plaintiff's Amended Complaint on or before September 24, 2018. (Answer due 9/24/2018 re: #25 Amended Complaint). The Clerk is DIRECTED also to send via U.S. Mail a copy of this Order to Plaintiff. Signed by Judge William P. Dimitrouleas on 8/27/2018. See attached document for full details. (mc)
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| Filing 81 Opposition to Defendant Redbox Automated Retail, LLC's Motion to Set Aside Entry of Default (D.E. 77) re #77 Defendant's MOTION to Set Aside Default filed by Donald P. Borchers. Replies due by 9/4/2018. (mee) |
| Filing 80 Opposition to Defendants' Agreed Motion to Set Deadline for Time to Respond to Amended Complaint Based on Waiver of Service (D.E. 75) re #75 MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, Defendants' Agreed Motion to Set Deadline for Time to Respond to Amended Complaint Based on Waiver of Service filed by Donald P. Borchers. Replies due by 9/4/2018. (mee) |
| Filing 79 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Apple, Inc. (Sabin, Barry) |
| Filing 95 Notice of Proof of Service for Redbox Automated Retail, LLC for Application for Entry of Clerk's Default against Redbox Automated Retail LLC filed by Donald P. Borchers. (mee) |
| Filing 94 MEMORANDUM in Support re #92 MOTION for Default Judgment by Donald P. Borchers. (mee) |
| Filing 93 Notice of Proof of Service for Redbox Automated Retail, LLC for Amended Complaint filed by Donald P. Borchers. (mee) |
| Filing 92 Application for Default Judgment against Redbox Automated Retail, LLC, a Delaware Corporation Pursuant to FRCP 55 and Final Judgment by Donald P. Borchers. (mee) |
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Filing 78
ORDER granting #74 Motion for Extension to Set Deadline for Time to Respond Complaint. Defendant Apple shall file its Response to Plaintiff's Amended Complaint on or before September 24, 2018. (Apple, Inc. Answer due 9/24/2018 re: #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 8/24/2018. See attached document for full details. (mc)
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| Filing 77 Defendant's MOTION to Set Aside Default by Redbox Automated Retail, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ponzoli, Michael) |
| Filing 76 Corporate Disclosure Statement by Amazon.com, Inc., Best Buy Co., Inc., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC identifying Other Affiliate Lions Gate Entertainment, Inc. for Lions Gate Films, Inc. (Ponzoli, Michael) |
| Filing 75 MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, Defendants' Agreed Motion to Set Deadline for Time to Respond to Amended Complaint Based on Waiver of Service by Amazon.com, Inc., Best Buy Co., Inc., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC. Attorney Robert Donald Wike Landon, III added to party Amazon.com, Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party Best Buy Co., Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party Lions Gate Entertainment, Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party Lions Gate Films, Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party Netflix, Inc.(pty:dft), Attorney Robert Donald Wike Landon, III added to party Redbox Automated Retail, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Landon, Robert) |
| Filing 74 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, by Apple, Inc.. Attorney Barry Marshall Sabin added to party Apple, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Sabin, Barry) |
| Set/Reset Answer Due Deadline: DeepDiscount.com response due 8/6/2018. (mee) |
| Filing 73 (VACATED per DE #86 ) Clerks Entry of Default as to Redbox Automated REtail, LLC a Delaware Corporation - Motions Terminated: #72 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/22/2018. (mee) Modified text on 8/27/2018 (mc). |
| Filing 72 MOTION for Clerks Entry of Default as to Redbox Automated Retail, LLC by Donald P. Borchers. (mee) |
| Filing 71 (VACATED per DE #112 ) Clerks Entry of Default as to F.Y.E., a Brand of Trans World Entertainment, a New York Corporation - Motions Terminated: #70 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/22/2018. (mee) Modified text on 8/31/2018 (mc). |
| Filing 70 MOTION for Clerks Entry of Default as to F.Y.E. by Donald P. Borchers. (mee) |
| Filing 69 (VACATED per DE #125 ) Clerks Entry of Default as to Amoeba Music Inc, A California Corporation - Motions Terminated: #68 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/22/2018. (mee) Modified text on 9/10/2018 (mc). |
| Filing 68 MOTION for Clerks Entry of Default as to Amoeba Music, Inc. by Amoeba Music, Inc.. (mee) |
| Filing 67 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Redbox Automated Retail, LLC served on 7/9/2018, answer due 7/30/2018. (mee) (Main Document 67 replaced on 8/28/2018) (drz). |
| Filing 66 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. The Target Group, Inc. served on 7/16/2018, answer due 8/6/2018. (mee) (Main Document 66 replaced on 8/28/2018) (drz). |
| Filing 65 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Lions Gate Films, Inc. served on 7/13/2018, answer due 8/3/2018. (mee) (Main Document 65 replaced on 8/28/2018) (drz). |
| Filing 64 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Walmart, Inc. served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 64 replaced on 8/31/2018) (drz). |
| Filing 63 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. YouTube served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 63 replaced on 8/31/2018) (drz). |
| Filing 62 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Ebay, Inc. served on 7/16/2018, answer due 8/6/2018. (mee) (Main Document 62 replaced on 8/31/2018) (drz). |
| Filing 61 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Donald P. Borchers. F.Y.E. served on 7/16/2018, answer due 8/6/2018. (mee) (Main Document 61 replaced on 8/31/2018) (drz). |
| Filing 60 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Lions Gate Entertainment, Inc. served on 7/9/2018, answer due 7/30/2018. (mee) (Main Document 60 replaced on 8/31/2018) (drz). |
| Filing 59 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Barnes & Noble served on 7/9/2018, answer due 7/30/2018. (mee) (Main Document 59 replaced on 8/31/2018) (drz). |
| Filing 58 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Donald P. Borchers. Best Buy Co., Inc. served on 7/13/2018, answer due 8/3/2018. (mee) (Main Document 58 replaced on 8/28/2018) (drz). |
| Filing 57 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Donald P. Borchers. DeepDiscount.com served on 7/16/2018, answer due 8/6/2018. Date Modified on 8/23/2018 (mee). (Main Document 57 replaced on 8/31/2018) (drz). |
| Filing 56 SUMMONS (Affidavit) Returned Executed on #1 Complaint,with a 21 day response/answer filing deadline by Donald P. Borchers. Apple, Inc. served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 56 replaced on 8/31/2018) (drz). |
| Filing 55 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Amazon.com, Inc. served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 55 replaced on 8/31/2018) (drz). |
| Filing 54 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Amoeba Music, Inc.. Amoeba Music, Inc. served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 54 replaced on 8/31/2018) (drz). |
| Filing 53 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Donald P. Borchers. Netflix, Inc. served on 7/12/2018, answer due 8/2/2018. (mee) (Main Document 53 replaced on 8/31/2018) (drz). |
| Filing 52 Clerks Non-Entry of Default as to Redbox Automated Retail, LLC - Motions Terminated: #51 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/17/2018. (mee) |
| Filing 51 MOTION for Clerks Entry of Default as to Redbox Automated Retail, LLC by Donald P. Borchers. (mee) |
| Filing 50 Clerks Non-Entry of Default as to Donald P. Borchers - Motions Terminated: #49 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/17/2018. (mee) |
| Filing 49 MOTION for Clerks Entry of Default as to F.Y.E. by Donald P. Borchers. (mee) |
| Filing 48 Clerks Non-Entry of Default as to Donald P. Borchers - Motions Terminated: #47 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/17/2018. (mee) |
| Filing 47 MOTION for Clerks Entry of Default as to Amoeba Music, Inc. by Donald P. Borchers. (mee) |
| Filing 46 Clerks Non-Entry of Default as to Amoeba Music, Inc., Does 11-20 - Motions Terminated: #45 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/14/2018. (mee) |
| Filing 45 MOTION for Clerks Entry of Default as to Amoeba Music, Inc., Does 11-20 by Donald P. Borchers. (mee) |
| Filing 44 Clerks Notice of Docket Correction re #39 Clerks Entry/Non-Entry of Default, #41 Clerks Entry/Non-Entry of Default. Document Restricted Due to Error; The correct document has been attached to this notice. (mee) |
| Filing 43 Clerks Non-Entry of Default as to F.Y.E. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/14/2018. (mee) |
| Filing 42 Clerks Non-Entry of Default as to Does 101-110, Does 71-80 Reason: Summons were never issued or Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 8/14/2018. (mee) |
| Filing 41 Clerks Entry of Default as to F.Y.E., a brand of Trans World Entertainment, a NewYork Corporation, Does 71-80 - Motions Terminated: #40 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/14/2018. (mee) |
| Filing 40 MOTION for Clerks Entry of Default as to Does 71-80, F.Y.E. by Donald P. Borchers. (mee) |
| Filing 39 Clerks Entry of Default as to REDBOX AUTOMATED RETAIL, LLC,DOES 101-110 - Motions Terminated: #38 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 8/14/2018. (mee) |
| Filing 38 MOTION for Clerks Entry of Default as to Does 101-110, Redbox Automated Retail, LLC by Donald P. Borchers. (mee) |
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Filing 37
PAPERLESS ORDER granting #36 Defendant eBay Inc.'s Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant eBay shall respond to the Amended Complaint on or before September 24, 2018. Signed by Judge William P. Dimitrouleas on 8/9/2018. (vty)
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| Filing 36 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, by Ebay, Inc.. (Attachments: #1 Text of Proposed Order)(Ross, Ian) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Walmart, Inc.. Answer due 9/24/2018. Re: #25 Amended Complaint,, filed by Donald P. Borchers. Signed by Judge William P. Dimitrouleas on 8/6/2018. See attached document for full details. (yha)
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| Filing 34 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, (Second Agreed Motion) by Walmart, Inc.. Attorney Moneyede Martin added to party Walmart, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Martin, Moneyede) |
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Filing 33
ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stefan M. Mentzer. Signed by Judge William P. Dimitrouleas on 8/2/2018. See attached document for full details. (mc)
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| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stefan M. Mentzer. Filing Fee $ 75.00 Receipt # 113C-10872801 by Walmart, Inc.. Responses due by 8/16/2018 (Cantero, Raoul) |
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Filing 31
ORDER granting #30 Motion to Set Deadline for Time to Respond to Complaint Based on Waiver of Service. Defendant shall file its Response to Plaintiff's Amended Complaint on or before August 24, 2018. (Walmart, Inc. Answer due 8/24/2018. Re: #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 7/31/2018. See attached document for full details. (mc)
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| Filing 30 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #25 Amended Complaint,, by Walmart, Inc.. Attorney Raoul G. Cantero, III added to party Walmart, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Cantero, Raoul) |
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Filing 29
ORDER granting #28 Motion to Set Deadline for Time to Respond to Complaint Bases on Waiver of Service. Defendant shall file its Response to Plaintiff's Amended Complaint on or before August 24, 2018. (Ebay, Inc. Answer due 8/24/2018. Re: #25 Amended Complaint). Signed by Judge William P. Dimitrouleas on 7/26/2018. See attached document for full details. (mc)
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| Filing 28 Agreed MOTION to Set Deadline for Time to Respond to Complaint Based on Waiver of Service re #25 Amended Complaint,, by Ebay, Inc.. Attorney Ian M. Ross added to party Ebay, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Ross, Ian) Modified relief on 7/26/2018 (mc). |
| Filing 27 ACKNOWLEDGMENT OF SERVICE as to #26 Summons Issued. (mee) |
| Filing 26 Summons Issued as to Target Corporation (mee) Modified party on 8/30/2018 (mc). |
| Filing 25 AMENDED COMPLAINT against Amazon.com, Inc., Amoeba Music, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, Doe Defendants 141-200, Does 1-10, Does 101-110, Does 11-20, Does 111-120, Does 121-130, Does 131-140, Does 21-30, Does 31-40, Does 41-50, Does 51-60, Does 71-80, Does 81-90, Does 91-100, Ebay, Inc., F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, The Target Group, Inc., Walmart, Inc., YouTube, filed by Donald P. Borchers.(mee) (Main Document 25 replaced on 7/13/2018) (drz). |
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Filing 24
ORDER Requiring Counsel to Meet, File Joint Scheduling Report and Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 7/10/2018. See attached document for full details. (mc)
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| Filing 23 ACKNOWLEDGMENT OF SERVICE reenter as wrong event was selected; as to #21 Summons Returned Executed, #14 Summons Returned Executed, #16 Summons Returned Executed, #10 Summons Returned Executed, #7 Summons Returned Executed, #18 Summons Returned Executed, #12 Summons Returned Executed, #11 Summons Returned Executed, #19 Summons Returned Executed, #13 Summons Returned Executed, #20 Summons Returned Executed, #9 Summons Returned Executed, #15 Summons Returned Executed, #17 Summons Returned Executed, #8 Summons Returned Executed as to Amazon.com, Inc., Amoeba Music, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, Ebay, Inc., F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, The Target Group, Inc., Walmart, Inc., YouTube. (ebz) Modified text on 7/10/2018 (mr1). |
| Filing 22 Clerks Notice of Docket Correction re #21 Summons Returned Executed, #14 Summons Returned Executed, #16 Summons Returned Executed, #10 Summons Returned Executed, #7 Summons Returned Executed, #18 Summons Returned Executed, #12 Summons Returned Executed, #11 Summons Returned Executed, #19 Summons Returned Executed, #13 Summons Returned Executed, #20 Summons Returned Executed, #9 Summons Returned Executed, #15 Summons Returned Executed, #17 Summons Returned Executed, #8 Summons Returned Executed. Correction Wrong Event Selected. Reenter on DE 23 (ebz) Modified text on 7/10/2018 (mr1). |
| Filing 21 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline YouTube served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 20 SUMMONS (Affidavit) Returned Executed - Re Docket see De #23 on #1 Complaint,, with a 21 day response/answer filing deadline The Target Group, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 19 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Redbox Automated Retail, LLC served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 18 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Netflix, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 17 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Lions Gate Entertainment, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 16 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Lions Gate Films, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 15 SUMMONS (Affidavit) Returned Executed -Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline F.Y.E. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified on text 7/10/2018 (ebz). |
| Filing 14 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Ebay, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 13 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Walmart, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 12 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline DeepDiscount.com served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 11 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Best Buy Co., Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 10 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Barnes & Noble served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 9 SUMMONS (Affidavit) Returned Executed - Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Apple, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 8 SUMMONS (Affidavit) Returned Executed-Re Docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Amoeba Music, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
| Filing 7 SUMMONS (Affidavit) Returned Executed-re docket see DE #23 on #1 Complaint,, with a 21 day response/answer filing deadline Amazon.com, Inc. served on 7/9/2018, answer due 7/30/2018. (ebz) Modified text on 7/10/2018 (ebz). |
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Filing 6
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge William P. Dimitrouleas on 7/9/2018. See attached document for full details. (mc)
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| Filing 5 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (ls) |
| Filing 4 Summons Issued as to Amazon.com, Inc., Amoeba Music, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, The Target Group, Inc., Walmart, Inc., YouTube, Ebay, Inc.. (ls) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 7/6/2018 in the amount of $ 400.00, receipt number FLS000010677 (ls) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ls) |
| Filing 1 COMPLAINT against Amazon.com, Inc., Amoeba Music, Inc., Apple, Inc., Barnes & Noble, Best Buy Co., Inc., DeepDiscount.com, Doe Defendants 141-200, Does 1-10, Does 101-110, Does 11-20, Does 111-120, Does 121-130, Does 131-140, Does 21-30, Does 31-40, Does 41-50, Does 51-60, Does 71-80, Does 81-90, Does 91-100, F.Y.E., Lions Gate Entertainment, Inc., Lions Gate Films, Inc., Netflix, Inc., Redbox Automated Retail, LLC, The Target Group, Inc., Walmart, Inc., YouTube. Filing fees $ 400.00 Receipt#: FLS000010677, filed by Donald P. Borchers. (Attachments: #1 Civil Cover Sheet)(ls) |
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