eScholar, LLC v. Nebraska Department of Education
Plaintiff: eScholar, LLC
Defendant: Nebraska Department of Education, Matthew Hastings and Dean Folkers
Case Number: 8:2020cv00135
Filed: April 6, 2020
Court: US District Court for the District of Nebraska
Presiding Judge: John M Gerrard
Referring Judge: Cheryl R Zwart
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2020 Opinion or Order Filing 34 TEXT ORDER granting #33 Motion to Extend. The plaintiff may respond to the defendants' motion to dismiss #31 and reply in support of its motion for preliminary injunction #5 on or before June 19, 2020. The defendants may reply in support of their motion to dismiss on or before June 26, 2020. Ordered by Chief Judge John M. Gerrard. (DCD)
June 1, 2020 Filing 33 MOTION to Extend Time to File Reply Brief by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
May 29, 2020 Filing 32 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #31 and Opposition to Plaintiff's Motion for Preliminary Injunction #5 by Attorney Charles E. Chamberlin on behalf of Defendants Dean Folkers, Matthew Hastings, Nebraska Department of Education.(Chamberlin, Charles)
May 29, 2020 Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Ryan S. Post on behalf of Defendants Dean Folkers, Matthew Hastings, Nebraska Department of Education.(Post, Ryan)
May 22, 2020 Filing 30 NOTICE of Appearance by Attorney Eric Berry on behalf of Plaintiff eScholar, LLC (Berry, Eric)
May 19, 2020 Opinion or Order Filing 29 TEXT ORDER granting #28 Motion for Extension of Time to File a Responsive Pleading. The Plaintiff has shown cause as required under the court's prior order, filing #14 . All Defendants shall answer or respond to Plaintiff's Amended Complaint on or before June 2, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 14, 2020 Filing 28 MOTION for Extension of Time to File a Responsive Pleading by Attorney Charles E. Chamberlin on behalf of Defendants Dean Folkers, Matthew Hastings, Nebraska Department of Education.(Chamberlin, Charles)
April 29, 2020 Filing 27 REPLY BRIEF in opposition to Response #22 to Show Cause Order by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 28, 2020 Opinion or Order Filing 26 TEXT ORDER granting #23 Motion for Leave. Ordered by Chief Judge John M. Gerrard. (DCD)
April 27, 2020 Filing 25 SUMMONS Returned Executed upon defendant Matthew Hastings on 4/24/2020. (Gilloon, Richard)
April 27, 2020 Filing 24 SUMMONS Returned Executed upon Dean Folkers defendant Dean Folkers on 4/24/2020. (Gilloon, Richard)
April 24, 2020 Filing 23 MOTION for Leave to Submit Reply Brief by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 23, 2020 Filing 22 RESPONSE regarding Order to Show Cause, #14 by Attorney Charles E. Chamberlin on behalf of Defendant Nebraska Department of Education.(Chamberlin, Charles)
April 22, 2020 Filing 21 RESPONSE regarding Order to Show Cause, #14 by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 22, 2020 Filing 20 Summons Issued as to defendants Dean Folkers, Matthew Hastings and Douglas Peterson. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM)
April 21, 2020 Filing 19 Summons Requested as to Matthew Hastings regarding Amended Complaint, #16 . (Gilloon, Richard)
April 21, 2020 Filing 18 Summons Requested as to Dean Folkers regarding Amended Complaint, #16 . (Gilloon, Richard)
April 21, 2020 Filing 17 Summons Requested as to Douglas Peterson regarding Amended Complaint, #16 . (Gilloon, Richard)
April 21, 2020 Filing 16 AMENDED COMPLAINT with with jury demand against Defendant Nebraska Department of Education, Dean Folkers, Matthew Hastings, by Attorney Richard J. Gilloon on behalf of eScholar, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Gilloon, Richard)
April 15, 2020 Filing 15 SUMMONS Returned Executed upon defendant Nebraska Department of Education on 4/10/2020. (Gilloon, Richard)
April 13, 2020 Opinion or Order Filing 14 ORDER TO SHOW CAUSE - The plaintiff shall show cause, on or before April 23, 2020, why its copyright infringement claim should not be dismissed for lack of subject matter jurisdiction. The defendant may also file a brief addressing the issue of subject matter jurisdiction on or before April 23, 2020. The Clerk of the Court shall enter a show cause deadline of April 23, 2020. Ordered by Chief Judge John M. Gerrard. (LKO)
April 8, 2020 Filing 13 INDEX in support of motion for preliminary injunction by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 8, 2020 Filing 12 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 8, 2020 Filing 11 Summons Issued as to defendant Nebraska Department of Education. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM)
April 7, 2020 Opinion or Order Filing 10 REASSIGNMENT ORDER - that this case is reassigned to Chief District Judge John M. Gerrard for disposition and remains assigned to Magistrate Judge Cheryl R. Zwart for judicial supervision. Ordered by Chief Judge John M. Gerrard. (LKO)
April 7, 2020 Filing 9 Summons Requested as to Defendant regarding Complaint #1 . (Gilloon, Richard)
April 7, 2020 Filing 8 NOTICE of Motion for a Preliminary Injunction by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC (Gilloon, Richard)
April 7, 2020 Filing 7 AFFIDAVIT of Wolf Boehme by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Gilloon, Richard)
April 7, 2020 Filing 6 BRIEF in support of MOTION for Preliminary Injunction #5 by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 7, 2020 Filing 5 MOTION for Preliminary Injunction by Attorney Richard J. Gilloon on behalf of Plaintiff eScholar, LLC.(Gilloon, Richard)
April 7, 2020 Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff eScholar, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
April 7, 2020 Filing 3 REPORT on the filing filed on 4/6/2020 of an action regarding Copyright Infringement. (Original form mailed to the Office of Register of Copyrights with a copy of complaint #1 ). (LRM)
April 7, 2020 Filing 2 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
April 6, 2020 Filing 1 COMPLAINT with jury demand against Nebraska Department of Education ( Filing fee $ 400, receipt number ANEDC-4142106), by Attorney Richard J. Gilloon on behalf of eScholar, LLC(Gilloon, Richard)

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Defendant: Nebraska Department of Education
Represented By: Charles E. Chamberlin
Represented By: Ryan S. Post
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Defendant: Matthew Hastings
Represented By: Charles E. Chamberlin
Represented By: Ryan S. Post
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Defendant: Dean Folkers
Represented By: Charles E. Chamberlin
Represented By: Ryan S. Post
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Plaintiff: eScholar, LLC
Represented By: Richard J. Gilloon
Represented By: Eric Berry
Represented By: Paul R. McMenamin
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