Corbello v. DeVito
Plaintiff: Donna Corbello
Defendant: Thomas Gaetano DeVito
Case Number: 2:2008cv00867
Filed: July 2, 2008
Court: US District Court for the District of Nevada
Office: Copyright Office
County: Clark
Presiding Judge: Robert C. Jones
Presiding Judge: Peggy A. Leen
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 28:2201 Declaratory Judgement
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Date Filed Document Text
June 14, 2017 Opinion or Order Filing 1124 ORDER that the Motion to Vacate ECF No. 1108 is GRANTED; the Renewed Motion for Judgment as a Matter of Law ECF No. 1112 is GRANTED IN PART as to fair use but is otherwise denied; the Motion for New Trial ECF No. 1113 is GRANTED IN PART with respect to Questions 1 and 4 of the Verdict but is otherwise denied; the Clerk shall enter judgment and close the case. Signed by Judge Robert C. Jones on 06/13/2017. (Copies have been distributed pursuant to the NEF - KW)
February 21, 2017 Opinion or Order Filing 1119 ORDER directing Clerk to unseal Exhibit 18 (ECF No. 951 -4). Signed by Magistrate Judge Peggy A. Leen on 2/21/2017. (Copies have been distributed pursuant to the NEF - KR)
January 5, 2017 Opinion or Order Filing 1107 ORDER granting ECF No. 1106 Stipulation re: Testimony of Edward Strong. Signed by Judge Robert C. Jones on Nunc Pro Tunc 11/21/2016. (Copies have been distributed pursuant to the NEF - KW)
November 22, 2016 Opinion or Order Filing 1080 ORDER granting ECF No. 1077 Motion to Correct Potential Errors on Verdict Form. Signed by Judge Robert C. Jones on 11/22/2016. (Copies have been distributed pursuant to the NEF - KW)
November 17, 2016 Opinion or Order Filing 1066 ORDER that Defendants Frankie Valli and Robert Gaudio are entitled to judgment as a matter of law against the claims of copyright infringement, and all Defendants are entitled to judgment as a matter of law against enhanced damages for willful copyright infringement. IT SO ORDERED. Signed by Judge Robert C. Jones on 11/17/2016. (Copies have been distributed pursuant to the NEF - KW)
October 19, 2016 Opinion or Order Filing 1023 ORDER IN CHAMBERS of the Honorable Robert C. Jones, Senior District Judge on 10/19/2016, by Carrie Lipparelli, Judicial Assistant.IT IS HEREBY ORDERED that the Motions in Limine (ECF No. 990) and the Stipulations (ECF Nos. 989, 1000, 1001) are GRA NTED.IT IS FURTHER ORDERED that the Motions in Limine (ECF Nos. 991, 995, 996) are GRANTED IN PART and DENIED IN PART, as explained.IT IS FURTHER ORDERED that the Motions in Limine (ECF Nos. 987, 992, 993, 994, 997, 998, 999) are DENIED.IT IS FURTHER ORDERED that the Motion in Limine (ECF No. 1002) is DENIED as MOOT.IT IS SO ORDERED this 18th day of October, 2016. Signed Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - CL)
October 5, 2016 Opinion or Order Filing 1005 ORDER DENYING ECF No. 988 Motion to Transfer Venue. Signed by Judge Robert C. Jones on 10/3/2016. (Copies have been distributed pursuant to the NEF - DRM)
September 7, 2016 Opinion or Order Filing 978 ORDER denying ECF No. 917 Motion to Certify. Signed by Judge Robert C. Jones on 9/7/2016. (Copies have been distributed pursuant to the NEF - KR)
August 3, 2016 Opinion or Order Filing 974 ORDER granting Plaintiff's ECF No. 942 Motion for Leave to File Excess Pages; denying Defendants' ECF No. 946 Motion to Strike Plaintiff's Separate Statement of Facts. Signed by Magistrate Judge Peggy A. Leen on 8/3/2016. (Copies have been distributed pursuant to the NEF - KR)
July 14, 2016 Opinion or Order Filing 963 ORDER granting ECF No. 895 Motion to Voluntarily Dismiss, dismissing with prejudice all of Plaintiff's remaining claims against Defendant Thomas Gaetano DeVito; granting in part 905 Motion for Leave to Take Specified Dis covery (see order for details); granting ECF Nos. 897 , 900 , 901 , 902 , 906 , 907 , and 909 stipulations and motions to extend time; granting ECF No. 911 Motion to Seal. Signed by Judge Robert C. Jones on 7/14/2016. (Copies have been distributed pursuant to the NEF - KR)
July 7, 2016 Opinion or Order Filing 956 ORDER directing the Oral Argument currently scheduled for 7/28/2016 at 10:00 AM be vacated and rescheduled to 7/29/2016 at 9:00 AM in LV Courtroom 4B before Judge Robert C. Jones, re ECF Nos 927 , 928 , 931 , 933 , 934 , and 935 motions. Signed by Judge Robert C. Jones on 7/7/2016. (Copies have been distributed pursuant to the NEF - KR)
May 31, 2016 Opinion or Order Filing 940 ORDER on ECF No. 939 Stipulation : Response to ECF Nos. 928 , 933 , 934 , 935 Motions due by 6/20/2016. Replies due by 7/11/2016. Signed by Judge Robert C. Jones on 5/31/2016. (Copies have been distributed pursuant to the NEF - DRM)
March 9, 2016 Opinion or Order Filing 903 ORDER. IT IS HEREBY ORDERED that the 875 and 890 Motions for Leave to File Excess Pages and the 889 Motion for an Extension of Time are Granted. IT IS FURTHER ORDERED that the 876 Motion to Reconsider is Denied. Signed by Judge Robert C. Jones on 03/09/2016. (Copies have been distributed pursuant to the NEF - NEV)
January 6, 2016 Opinion or Order Filing 888 ORDER re Plaintiff's 876 Motion for Reconsideration of the Court's 872 Summary Judgment Order. IT IS HEREBY ORDERED that ORAL ARGUMENT is set for 02/12/2016 10:00 A.M. in LV Courtroom to be determined before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 01/06/2016. (Copies have been distributed pursuant to the NEF - NEV)
September 30, 2015 Opinion or Order Filing 872 ORDER that 626 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. The Work is entitled to "thin" copyright protection as against the La Jolla Jersey Boys Script, the Jersey Boys Broadway Script, and the Libretto in the Jersey Boys Book. Signed by Judge Robert C. Jones on 9/29/15. (Copies have been distributed pursuant to the NEF - MMM)
April 26, 2013 Opinion or Order Filing 830 ORDER Denying 825 Plaintiff's Motion for Re-Taxation of Costs. Signed by Chief Judge Robert C. Jones on 04/25/2013. (Copies have been distributed pursuant to the NEF - AC)
March 11, 2013 Opinion or Order Filing 822 ORDER Granting 819 Defendant's Motion for Re-Taxation of Costs. The Clerk shall re-tax costs accordingly. Signed by Chief Judge Robert C. Jones on 03/11/2013. (Copies have been distributed pursuant to the NEF - CC: Lia Griffin - AC)
July 9, 2012 Opinion or Order Filing 809 ORDER Denying as moot 758 Motion for Leave to File Excess Pages and 747 , 752 , 754 , and 755 Motions to Strike. IT IS FURTHER ORDERED that 751 Motion to Seal is Granted. IT IS FURTHER ORDERED that 782 Motion for Reconsideration is GRAN TED as a motion for summary judgment and 789 Motion for Reconsideration is GRANTED. The Court hereby finds that there is no just reason to delay immediate review of Order No. 781 or the ruling in the present Order that David is entitled to summary judgment, as well. IT IS FURTHER ORDERED that 784 Motion for Attorney Fees is DENIED. Signed by Chief Judge Robert C. Jones on 7/9/12. (Copies have been distributed pursuant to the NEF - EDS)
January 31, 2012 Opinion or Order Filing 780 ORDER Granting in part and denying in part 605 Jersey Boys Records Limited Partnership's Motion for Summary Judgment. IT IS FURTHER ORDERED that 613 Valli's, Gaudio's, Brickman's, Elice's, McAnuff's, DSHT's, Di dger Theatricals, Ltd,'s, JB Viva Vegas LP's, and Getting Home, Inc.'s Motion for Partial Summary Judgment is DENIED. IT IS FURTHER ORDERED that 622 David's Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that [62 6] Valli's, Gaudio's, Brickman's, Elice's, McAnuff's, DSHT's, Dodger Theatricals, Ltd.'s, JB Viva Vegas LP's, Getting Home, Inc's, Jersey Boys Broadway LP's, and Skunk, Inc's Motion for Partial S ummary Judgment is DENIED AS MOOT. IT IS FURTHER ORDERED that 632 Valli's Gaudio's, Brickman's, Elice's, McAnuff's, DSHT's, Dodger Theatricals, Ltd.'s, JB Viva Vegas LP's, Getting Home, Inc.'s, Jersey Bo ys Broadway LP's, and Skunk, Inc.'s Motion for Summary Judgment is GRANTED. IT IS FURTHER ORDERED that 635 Valli's, Gaudio's, Brickman's, Elice's, McAnuff's, DSHT's, Dodger Theatricals, Ltd's, JB Viva Ve gas LP's, Jersey Boys Broadway LP's, JB Records', Skunk, Inc.'s, and Getting Home, Inc's Motion for Partial Summary Judgment is GRANTED. IT IS FURTHER ORDERED that 638 Valli's, Gaudio's, Brickman's, Elice� 39;s, McAnuff's, DSHT's, Dodger Theatricals, Ltd's, JB Viva Vegas LP's, Jersey Boys Broadway LP's, JB Records', Skunk, Inc.'s, and Getting Home, Inc's Motion for Partial Summary Judgment is DENIED. IT IS FURTH ER ORDERED that 641 Plaintiff's Motion for Partial Summary Judgment is GRANTED. IT IS FURTHER ORDERED that 743 Motion to Continue Hearing is DENIED. IT IS FURTHER ORDERED that 744 Motion to Reconsider is GRANTED. IT IS FURTHER ORDERED t hat 670 Motion to Continue Trial is GRANTED. IT IS FURTHER ORDERED that the current trial date is VACATED. IT IS FURTHER ORDERED that the Clerk shall enter judgment as to all Defendants except DeVito and David. Signed by Chief Judge Robert C. Jones on 1/31/12. (Copies have been distributed pursuant to the NEF - EDS)
November 4, 2011 Opinion or Order Filing 669 ORDER granting 663 Motion to Extend Deadlines. Plaintiff's Oppositions to the Motions for Summary Judgment re: A) Intermediate Drafts (filed October 7), B) La Jolla Performances (filed October 14) and C) Michael David (filed October 13) are d ue November 7, 2011. New Defendants' Replies on those three motions are due November 23, 2011. Plaintiff's Oppositions to the Motions for Summary Judgment re: D) Copyright, E) Non-Exclusive License and F) Foreign Claims are due November 23, 2011. New Defendants' Replies on those three motions are due December 16, 2011. The seventh Motion for Summary Judgment re JB Records (the Cast Album) will follow a separate schedule; the motion was filed September 15, 2011; Oppositions were fi led on October 11, 2011; and New Defendants' Reply is being filed on October 28, 2011. Briefing on that motion will then be complete. Plaintiff's Motion for Summary Judgment as to Defendant DeVito: DeVto's counsel has requested that th eir time to Oppose this Motion be extended to November 23, 2011. Plaintiff's counsel did not express any disagreement with that proposed date and requested that they have until December 16, 2011 for their Reply. These dates are consistent with the dates that the Court chose on the parallel motions. Signed by Chief Judge Robert C. Jones on 11/4/11. (Copies have been distributed pursuant to the NEF - ECS)
October 27, 2011 Opinion or Order Filing 661 ORDER Granting in part and Denying in part 548 and 600 Motions for Partial Summary Judgment. Signed by Chief Judge Robert C. Jones on 10/27/2011. (Copies have been distributed pursuant to the NEF - SLR)
October 13, 2011 Opinion or Order Filing 619 ORDER Denying 545 Motion to Compel. Signed by Magistrate Judge Peggy A. Leen on 10/12/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 31, 2011 Opinion or Order Filing 584 ORDER Denying 554 MOTION for Sanctions. Signed by Magistrate Judge Peggy A. Leen on 8/29/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 12, 2011 Opinion or Order Filing 556 ORDER that Calendar Call is set for 1/20/2012 08:30 AM. Jury Trial is set for 1/31/2012 08:30 AM before Chief Judge Robert C. Jones. Signed by Magistrate Judge Peggy A. Leen on 7/11/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 5, 2011 Opinion or Order Filing 551 ORDER Granting 546 Unopposed Motion to Extend the Trial Date. Signed by Chief Judge Robert C. Jones on 7/5/11. (Copies have been distributed pursuant to the NEF - ASB)
June 10, 2011 Opinion or Order Filing 542 ORDER Granting 520 Motion for Clarification. The Court's prior 509 Order on Motion to Compel is CLARIFIED and MODIFIED as set forth in the body of this order. Defendants shall have until 6/24/2011 to serve Plaintiff with the audited financial statements and other documents referred to in this order. Signed by Magistrate Judge Peggy A. Leen on 6/10/2011. (Copies have been distributed pursuant to the NEF - SLR)
June 3, 2011 Opinion or Order Filing 538 ORDER Granting 532 Motion to Seal Exhibit 1 in Support of Their Sur-Reply to Plaintiff's Emergency Objection to Magistrate Judge's 4/15/2011, Orders. Signed by Magistrate Judge Peggy A. Leen on 6/3/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 20, 2011 Opinion or Order Filing 525 ORDER that the 520 MOTION for District Judge to Reconsider 499 Order is REFERRED to the Magistrate Judge as a motion to clarify. Signed by Chief Judge Robert C. Jones on 5/20/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 19, 2011 Opinion or Order Filing 512 ORDER Denying 397 Motion to Compel Discovery from Plaintiff. Granting 426 Plaintiff's Cross-Motion for Protective Order. Any request for relief not specifically addressed in this order is DENIED. Signed by Magistrate Judge Peggy A. Leen on 4/18/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 14, 2011 Opinion or Order Filing 449 ORDER GRANTING 442 Motion to Extend Time. Responses due by 3/14/2011 re 396 MOTION to Compel. Signed by Magistrate Judge Peggy A. Leen on 3/14/11. (Copies have been distributed pursuant to the NEF - ECS)
February 23, 2011 Opinion or Order Filing 430 ORDER Granting 422 Motion to Seal Exhibit 4 in Support of Their Consolidated Opposition to Plaintiff's Motions to Compel. Signed by Magistrate Judge Peggy A. Leen on 2/23/11. (Copies have been distributed pursuant to the NEF - MMM)
February 2, 2011 Opinion or Order Filing 409 ORDER granting Unopposed 400 Motion to Extend Deadline. Replies due by 2/1/2011 re 347 MOTION for Magistrate Judge to Reconsider 345 Order. Signed by Magistrate Judge Peggy A. Leen on 2/2/11. (Copies have been distributed pursuant to the NEF - ECS)
January 31, 2011 Opinion or Order Filing 402 ORDER granting 391 Motion to Extend Time. Replies due by 1/26/2011 re 347 MOTION for Magistrate Judge to Reconsider Order. Signed by Magistrate Judge Peggy A. Leen on 1/31/11. (Copies have been distributed pursuant to the NEF - ECS)
January 18, 2011 Opinion or Order Filing 388 ORDER granting Plaintiff's 385 Motion to Seal Certain Exhibits. Signed by Magistrate Judge Peggy A. Leen on 1/18/11. (Copies have been distributed pursuant to the NEF - ECS)
January 3, 2011 Opinion or Order Filing 377 ORDER granting 374 Motion for Leave to File Certain Exhibits to Plaintiff's Motion to Compel Answers to Interrogatories and the Production of Documents by Defendants Marshall Brickman and Eric S. Elice Under Seal. Signed by Magistrate Judge Peggy A. Leen on 1/3/11. (Copies have been distributed pursuant to the NEF - ECS)
December 22, 2010 Opinion or Order Filing 366 ORDER Granting 361 Motion to Seal Certain Exhibits to 362 MOTION to Compel. Signed by Magistrate Judge Peggy A. Leen on 12/22/10. (Copies have been distributed pursuant to the NEF - ASB)
December 1, 2010 Opinion or Order Filing 351 SCHEDULING ORDER. Discovery due by 5/16/2011. Motions due by 6/15/2011. Proposed Joint Pretrial Order due by 7/15/2011. Signed by Magistrate Judge Peggy A. Leen on 11/17/10. (Copies have been distributed pursuant to the NEF - ASB)
November 12, 2010 Opinion or Order Filing 345 ORDER Denying 298 Defendants' Motion for Protective Order; Granting in part and Denying in part 326 Plaintiff's Cross-Motion to Compel; and Denying 327 Plaintiff's Cross-Motion for Sanctions. IT IS FURTHER ORDERED that the Court will convene monthly hearings to monitor the progress of discovery. The next hearing is scheduled for 1/4/11 at 10:00am in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Any request for relief in the motions decided in this order not specifically addressed is DENIED. Signed by Magistrate Judge Peggy A. Leen on 11/12/10. (Copies have been distributed pursuant to the NEF - EDS)
January 5, 2009 Opinion or Order Filing 95 PROTECTIVE ORDER Governing Confidentiality of Documents. Signed by Magistrate Judge Peggy A. Leen on 12/31/08. (Copies have been distributed pursuant to the NEF - AXM)
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Plaintiff: Donna Corbello
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Defendant: Thomas Gaetano DeVito
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