On Demand Direct Response, LLC et al v. McCart-Pollak
| Shana Lee McCart-Pollak [171] order dismissing pro se as of #379 Order doing business as LOL Buddies Enterprises |
| On Demand Direct Response, LLC and On Demand Direct Response III, LLC |
| Incorp Services, Inc. |
| Shana Lee McCart-Pollak |
| Echo Factory, Hutton Miller, As Seen on TV, Inc., Digital Target Marketing, Jay at Play International, Spiral Toys LLC, Dragon-I Toys Ltd., Kevin Harrington and Mark Meyers |
| 2:2015cv01576 |
| August 17, 2015 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Miranda M Du |
| Elayna J Youchah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.
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Filing 483
DUPLICATE COPY of re ECF No. #482 Notice of Appeal, by Shana Lee McCart-Pollak. (Mailed to, and received by, Las Vegas Clerk's Office.) (DRM)
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Filing 482
NOTICE of Appeal to the Supreme Court, by Shana Lee McCart-Pollak. USCA Case 17-15020. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit) (SC) Modified on 4/29/2021 to include additional information (SC).
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Filing 481
ORDER on Mandate as to ECF No. #480 USCA Mandate affirming USDC. Signed by Chief Judge Miranda M. Du on 4/28/2021. USCA Case 19-15948. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 480
MANDATE of USCA, Ninth Circuit, as to ECF No. #444 Notice of Appeal, ECF No. #479 USCA Memorandum/Opinion. USCA case 19-15948. (Copies have been distributed pursuant to the NEF - KR)
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Filing 479
MEMORANDUM of USCA, Ninth Circuit, as to #444 Notice of Appeal, filed by Shana Lee McCart-Pollak. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 478
TRANSCRIPT of Proceedings, 471 Order on Motion to Withdraw as Attorney,,,, Motion Hearing,,, held on 9-20-19, before Magistrate Judge Elayna J. Youchah. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 12/3/2019. Redacted Transcript Deadline is set for 12/13/2019. Release of the Transcript Restriction is set for 2/10/2020. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
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Filing 477
ORDER of USCA, Ninth Circuit, as to ECF No. #444 Notice of Appeal, setting briefing schedule. USCA case 19-15948. (Copies have been distributed pursuant to the NEF - KR)
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Filing 476
AMENDED NOTICE OF APPEAL by Defendant, ThirdParty Plaintiff Shana Lee McCart-Pollak. Filing Fee NOT paid. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Notice of Appeal NEF an PACER docket sheet mailed to appellant.) (DRM)
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Filing 475
DEFAULT JUDGMENT in favor of Shana Lee McCart-Pollak against As Seen on TV, Inc., Dragon-I Toys Ltd.. Re: 474 Order on Motion for Judgment, Minute Order. Signed by Chief Judge Miranda M. Du on 9/30/2019. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 474
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/30/2019. Before the Court is Third Party Plaintiff Shana Lee McCart-Pollak's motion for entry of default judgment against Dragon-I Toys Ltd. and As Seen on TV, Inc. (ECF No. #473 .) Third Party Plaintiff asks for entry of default judgment against these entities to allow her to pursue her appeal and does not request any particular amount for the default judgments. The Court finds entry of default judgment against these entities is appropriate. The Clerk of Court previously entered defaults against Dragon-I Toys Ltd (ECF No. #107 ), and As Seen on TV, Inc. (ECF No. #160 ). Neither party has appeared or defended itself in this action despite having been served. It is therefore ordered that Third Party Plaintiff's motion for entry of default judgment (ECF No. #473 ) is granted to the extent she seeks default judgment against Dragon-I Toys Ltd and As Seen on TV, Inc. The Clerk of Court is directed to enter default judgment in Shana Lee McCart-Pollak's favor against Third Party Defendants Dragon-I Toys Ltd and As Seen on TV, Inc. (no image attached) (Copies have been distributed pursuant to the NEF and to Dragon-I Toys, Ltd. at the address found in ECF No. #130 and As Seen on TV, Inc. at the address found in ECF no. #93 - PAV)
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Filing 473
MOTION - Request for the Court to Enter Judgments in regards to As Seen On TV Inc's and Dragon-I Toys' Defaults, by Defendant Shana Lee McCart-Pollak. Responses due by 10/11/2019. (KR)
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Filing 472
RESPONSE to ECF No. #469 Motion to Withdraw as Attorney, by Shana Lee McCart-Pollak. (LH)
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Filing 471
MINUTES OF PROCEEDINGS - Motion Hearing held on 9/20/2019 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Tony Abbatangelo; Def Counsel: Shana Lee McCart-Pollak, Pro Se; Recording start and end times: 9:44a.m. - 9:59a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel and Ms. McCart-Pollak as to #469 Motion to Withdraw as Attorney by Tony L. Abbatangelo for Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC. The Court grants #469 Motion to Withdraw as Attorney by Tony L. Abbatangelo for Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
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Filing 470
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 9/11/2019. By Deputy Clerk: Kihyun Bae. Re: #469 Motion to Withdraw as Attorney, Motion Hearing set for Tuesday, September 20, 2019 at 9:30 AM in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES) Modified entry to reflect correct Hearing date on 9/11/2019 (RFJ).
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Filing 469
MOTION to Withdraw as Attorney by Tony L. Abbatangelo for Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 468
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Amended Default Judgment Doc. 466, #2 Judgment Doc. 467) (DRM) (Main Document 468 replaced on 8/29/2019) (DRM).
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Filing 467
JUDGMENT is hereby entered in accordance with this court's order of August 29, 2019 (ECF No. #465 ), and in accordance with the Court's prior orders resolving other claims against various parties (ECF Nos. #171 , #191 , #215 , #273 , #275 , #362 , #406 ); and this case is closed. Signed by Clerk of Court Debra K. Kempi on 8/29/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 466
AMENDED DEFAULT JUDGMENT (re ECF No. #363 Default Judgment) : Default judgment is hereby entered in favor of Shana Lee McCart-Pollak, and against On Demand Direct Response, LLC and On Demand Direct Response III, LLC in the amount of $537,097.92. Signed by Clerk of Court Debra K. Kempi on 8/29/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 465
ORDERED that the Report and Recommendation of Magistrate Judge George Foley, Jr. (ECF No. #434 ) is accepted and adopted in part as specified herein. The Report and Recommendation of Magistrate Judge George Foley, Jr. (ECF No. #456 ) is accepted and adopted in its entirety. Pollak's motion for further contempt proceedings (ECF No. #428 ) is granted as specified herein. Third Party Defendant Jay at Play International's motion to strike (ECF No. 542 ) is denied as moot. Pollak's motion to hold Incorp Services, Inc. in contempt and for sanctions (ECF No. #459 ) is denied. The amount of Pollak's default judgment against On Demand (ECF No. #363 ) is $537,097.92. The Clerk of Court is directed to enter default judgment in Pollak's favor and against On Demand Direct Response, LLC and On Demand Direct Response III, LLC in the amount of $537,097.92. Clerk of Court is further directed to enter judgment in accordance with this order, and the Court's prior orders resolving other claims against various parties (ECF Nos. #171 , #191 , #215 , #273 , #275 , #362 , #406 ), and close this case. Signed by Judge Miranda M. Du on 8/29/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 464
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/27/2019. ORDER finding as moot #453 Motion;Before the Court is Defendant and Third Party Plaintiff Shana Lee McCart-Pollaks (Pollak) motion for designation of transcripts. (ECF No. 453.) For the most part, this motion appears to be addressed to the Court of Appeals in that Pollak seeks to designate some transcripts. However, Pollak also requests that two transcripts be filed. (Id. at 3.) Since Pollak filed her motion, both of those transcripts have been filed. (ECF Nos. 457, 458.) It is therefore ordered that Pollaks motion relating to her request to file transcripts (ECF No. 453) is denied as moot. (no image attached) (Copies have been distributed pursuant to the NEF - Houston, Thad)
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Filing 463
ORDER that Pollak's motion for sanctions (ECF No. #393 ) is denied; Tony Abbatangelo may file a renewed motion to withdraw as counsel by 9/10/2019. Signed by Judge Miranda M. Du on 8/26/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 462
REPLY to ECF No. #461 Response to ECF No. #459 Motion, filed by Shana Lee McCart-Pollak. (LH)
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Filing 461
RESPONSE to #459 Motion for Sanctions by Objector Incorp Services, Inc.. Replies due by 8/16/2019. (Foley, Erik)
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Filing 460
CLERK'S NOTICE that due to the retirement of U.S. Magistrate Judge George Foley, Jr., this case is reassigned to U.S. Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:15-cv-01576-MMD-EJY. (no image attached) (AF)
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Filing 459
MOTION to Hold Incorp. Services, Inc., in Contempt of Court for Their Non-Compliance of Court Order (ECF No. #456 ), by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. Responses due by 8/9/2019. (DRM)
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Filing 458
TRANSCRIPT of Proceedings, 437 Motion Hearing,, held on 3-29-19, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 7/16/2019. Redacted Transcript Deadline is set for 7/26/2019. Release of the Transcript Restriction is set for 9/23/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
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Filing 457
TRANSCRIPT of Proceedings, 391 Evidentiary Hearing,,,,, held on 10-16-18, before Magistrate Judge Nancy J. Koppe. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 7/16/2019. Redacted Transcript Deadline is set for 7/26/2019. Release of the Transcript Restriction is set for 9/23/2019. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
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Filing 456
ORDER and REPORT AND RECOMMENDATION : ORDERED that McCart-Pollak's Motion to Enforce Court Order (ECF No. #429 ) is granted, in part, and denied, in part, according to the provisions herein. IT IS HEREBY RECOMMENDED that Defendant/Counter-Plaintiff McCart-Pollak's Motion for Further Contempt Proceedings (ECF No. #428 ) be granted as specified herein. Objections to R&R due by 7/1/2019. Signed by Magistrate Judge George Foley, Jr on 6/17/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 455
RESPONSE to ECF No. #452 Motion to Strike, by Shana Lee McCart-Pollak. Replies due by 6/13/2019. (DRM)
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Filing 454
ORDERED that Pollak's motion for entry of final judgments (ECF No. #450 ) is denied without prejudice. Signed by Judge Miranda M. Du on 5/30/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 453
MOTION Designation of Transcripts, filed by ThirdParty Plaintiff Shana Lee McCart-Pollak. Responses due by 6/11/2019. (JQC)
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Filing 452
MOTION to Strike #449 Affidavit by ThirdParty Defendant Jay at Play International. Responses due by 6/7/2019. (Reynolds, Jacob)
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Filing 451
TRANSCRIPT of Proceedings, 361 Show-Cause Hearing, held on 6/18/2018, before Judge Miranda M. Du. Court Reporter: Felicia Zabin, FZ@nvd.uscourts.gov. Any Redaction Request is due by 6/13/2019. Redacted Transcript Deadline is set for 6/23/2019. Release of the Transcript Restriction is set for 8/21/2019. Before release date, the transcript may be viewed at the court public terminal or purchased from the Court Reporter. Transcript Order form is available on court website. After that date, the transcript may be obtained from the Court Reporter or PACER. (FRZ)
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Filing 450
MOTION for the Entering of Final Judgments for Both Dockets #171 and #406 , filed by Shana Lee McCart-Pollak. Responses due by 6/5/2019. (LH)
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Filing 449
AFFIDAVIT of Shana Lee McCart-Pollak In Support of Default Judgment Against On Demand Entities . (DRM) Modified on 5/17/2019 add link to related document #363 default judgment(LE).
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Filing 448
USCA ORDER for Time Schedule and docketing letter as to ECF No. #444 Notice of Appeal. USCA Case Number 19-15948 assigned. (Copies have been distributed pursuant to the NEF - KR)
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Filing 447
NOTICE of Compliance with Court Order by Jay at Play International re #446 Order on Motion for Protective Order,,,. (Attachments: #1 Exhibit A) (Reynolds, Jacob)
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Filing 446
ORDER that Non-Party Jay International, Hong Kong Limiteds ("Jay at Play") Motion for Protective Order (ECF No. #424 ) is granted, in part, and denied, in part, according to the provisions herein order. Signed by Magistrate Judge George Foley, Jr on 4/25/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 445
FORMS - Designation of Transcripts and Transcript Order forms and instructions for ECF No. #444 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov. (Attachments: #1 Transcript Order Form) (DRM)
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Filing 444
NOTICE OF APPEAL as to ECF Nos. #406 and #436 Orders, by Shana Lee McCart-Pollak. Filing fee $ 505 PAID Receipt No. NVLAS063392. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. Notice of Appeal NEF and Pacer Docket Sheet mailed to P on 4/24/2019. (LH)
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Filing 443
ORDER granting ECF No. #442 Stipulation : McCart-Polak's Deadline to Prove-Up Damages extended to 6/21/1019. Signed by Magistrate Judge George Foley, Jr on 4/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 442
STIPULATION and Proposed Order FOR EXTENSION OF TIME (Third Request) Regarding Shana Lee McCart-Pollak's Deadline for Prove Up Damages, filed by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 441
RESPONSE to Objection to ECF No. #434 Report and Recommendation, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 440
OBJECTION/Response to ECF No. #434 Order/Report and Recommendation, filed by Mark Meyers. Response to Objections to R&R due by 4/23/2019.(DRM)
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Filing 439
REPLY in Support to Enforce Court Order ECF No. #408 and Compel Further Compliance, by Shana Lee McCart-Pollak. (DRM)
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Filing 438
REPLY to Response to ECF No. #428 Motion for Further Contempt Proceedings, Spoliation of Evidence, and Sanctions Against On Demand Direct Response, LLC and On Demand Direct Response III, LLC, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 437
MINUTES OF PROCEEDINGS - Motion Hearing held on 3/29/2019 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Counter Plaintiff/Defendant: Shana Lee McCart-Pollak, Pro Se; Def Counsel: Lisa Lori, telephonic appearance; Recording start and end times: 10:33.m. - 10:59a.m.; Courtroom: 3D; The Court makes preliminary remarks and hears representations of counsel as to #424 Motion for Protective Order. The Court will take the matter under submission, written order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
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Filing 436
ORDER that Pollak's motion for reconsideration (ECF No. #413 ) is denied. Signed by Judge Miranda M. Du on 3/28/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 435
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr. on 3/25/2019. By Deputy Clerk: Ivy Hensel. Re: #427 Order on Motion for Leave to Appear Pursuant to the Court's Order (ECF No. 427), counsel for Non-Party Jay at Play may appear telephonically for the hearing set for March 29, 2019. Counsel is instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - IH)
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Filing 434
ORDER AND REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that the Court hereby withdraws its grant of costs to McCartPollak for expenses incurred in relation to her motions to compel compliance with a subpoena to produce documents on non parties Spiral Toys and Mark Meyers according to the provisions herein. IT IS HEREBY RECOMMENDED that the district court enter an order regarding Spiral Toys as follows (1) finding Spiral Toys in civil contempt for failing without adequate excuse to obey the subpoena served upon it by McCart-Pollak on October 24, 2018; and (2) ordering Spiral Toys to pay McCart-Pollak's reasonable costs for bringing her motion to compel in the amount of $18.81. IT IS FURTHER RECOMMENDED that the district court partially grant McCartPollak's request for contempt and issue an order to show cause why contempt sanctions should not be entered against Mark Meyers. Objections to R&R due by 4/8/2019. Signed by Magistrate Judge George Foley, Jr on 3/25/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 433
RESPONSE to #428 Motion, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Replies due by 4/1/2019. (Attachments: #1 Affidavit) (Abbatangelo, Tony)
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Filing 432
REPLY to #424 Motion for Protective Order by ThirdParty Defendant Jay at Play International. (Attachments: #1 Declaration) (Lori, Lisa)
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Filing 431
RESPONSE to ECF No. #424 Motion for Protective Order (Oral Arguments Requested), by Defendant Shana Lee McCart-Pollak. Replies due by 3/25/2019. (KR)
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Filing 430
REPLY to ECF No. #422 Response to ECF No. #413 Motion for Reconsideration - Shana Lee McCart-Pollak's Reply Motion in Support of Her Reconsideration of (Dkt 406) (Oral Arguments Requested), by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 429
MOTION to Enforce Court Order 408 and Compel Further Compliance (Oral Arguments Requested), re ECF No. #408 Order, by Defendant Shana Lee McCart-Pollak. Responses due by 3/27/2(KR) Modified on 3/13/2019 to clarify (KR).
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Filing 428
MOTION FOR FURTHER CONTEMPT PROCEEDINGS, SPOLIATION OF EVIDENCE, AND SANCTIONS AGAINST ON DEMAND DIRECT RESPONSE, LLC AND ON DEMAND DIRECT RESPONSE III, LLC, filed by Defendant Shana Lee McCart-Pollak. Responses due by 3/25/2019. (KW)
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Filing 427
ORDER granting ECF No. #426 Motion for Leave to Appear Telephonically : Lisa A. Lori, as counsel for nonparty Jay At Play, may appear telephonically for the March 29, 2019 hearing on Jay At Play's Motion for Protective Order. Signed by Magistrate Judge George Foley, Jr on 3/6/2019.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 426
MOTION for Leave to Appear Telephonically, Attorney Lisa A. Lori, re #424 Motion for Protective Order by ThirdParty Defendant Jay at Play International. (Attachments: #1 Proposed Order) (Reynolds, Jacob)
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Filing 425
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr on 3/4/2019. By Deputy Clerk: I.H. Re: #424 MOTION for Protective Order by ThirdParty Defendant Jay at Play International. Motion Hearing set for Friday, March 29, 2019 at 10:30 AM in LV Courtroom 3D before Magistrate Judge George Foley, Jr. (no image attached) (Copies have been distributed pursuant to the NEF - IH)
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Filing 424
MOTION for Protective Order by ThirdParty Defendant Jay at Play International. (Attachments: #1 Declaration Declaration of Lisa Lori, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Reynolds, Jacob)
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Filing 423
RESPONSE to Mark Meyers Motion to Hold in Contempt and for Sanctions (ECF No. #416 ), by Shana Lee McCart-Pollak. (Attachments: #1 Exhibits) (DRM)
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Filing 422
RESPONSE to #413 Motion for Reconsideration by ThirdParty Defendant Kevin Harrington. Replies due by 3/6/2019. (Blumberg, Gabriel)
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Filing 421
ORDER granting ECF No. #420 Stipulation for Extension of Time Regarding Shana lee McCart-Pollak's Deadline for Prove Up Damages. Deadline for McCart-Pollak's prove-up is due by 4/22/2019. Signed by Magistrate Judge George Foley, Jr on 2/25/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing 420
STIPULATION and Proposed Order FOR EXTENSION OF TIME (Second Request) Regarding Shana Lee McCart-Pollak's Deadline for Prove Up Damages, filed by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 419
REPLY to ECF No. #416 Response to ECF No. #414 Motion for Calculations of Costs, filed by Shana Lee McCart-Pollak. (LH)
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Filing 418
ORDER granting ECF No. #417 Stipulation for Extension of Time Regarding Briefing on ECF No. #413 Motion for Reconsideration. Harrington's Response due by 2/27/2019. McCart-Pollak's Reply due by 3/13/2019. Signed by Judge Miranda M. Du on 2/20/2019. (Copies have been distributed pursuant to the NEF - KW)
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Filing 417
STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time Regarding Briefing on Shana Lee McCart-Pollak's Motion for Reconsideration [ECF No. 413] re #413 Motion for Reconsideration by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel)
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Filing 416
RESPONSE to ECF No. #414 Motion, filed by ThirdParty Defendant Mark Meyers. Replies due by 2/21/2019. (KW)
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Filing 415
ERRATA re ECF No. #413 Motion for Reconsideration re ECF No. #406 Order, by Defendant Shana Lee McCart-Pollak. (DRM)
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Filing 414
MOTION for Calculations of Costs pursuant to ECF No. #411 Order, filed by Defendant Shana Lee McCart-Pollak. Responses due by 2/20/2019. (KW)
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Filing 413
MOTION for Reconsideration re #406 Order on Motion for Summary Judgment (Oral Arguments Requested), filed by Defendant Shana Lee McCart-Pollak. Responses due by 2/20/2019. (KW)
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Filing 412
NOTICE of Corrected Image/Document re ECF No. #411 Order (Correcting date on page 2 line 18) (Service of corrected image is attached.) (DRM)
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Filing 411
(See ECF No. #412 for corrected image) ORDERED that Defendant McCart-Pollak's Motion to Compel Compliance with Subpoena to Produce Documents (ECF No. #405 ) is granted. IT IS FURTHER ORDERED that McCart-Pollak shall file her application for costs no later than February 8, 2019. Signed by Magistrate Judge George Foley, Jr on 1/29/2019. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/1/2019 to reflect corrected image available (DRM).
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Filing 410
MOTION for Fees & Costs (Title of Filing: CALCULATIONS OF COSTS) by Defendant Third Party Plaintiff Shana Lee McCart-Pollak. Response due 2/5/19. (DRM) Modified event on 1/23/2019. (BLG). Modified on 2/14/2019 (BLG).
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Filing 409
ORDER that Plaintiff's Motion for Permission to Serve Non-Party Subpoena on Jay at Play (ECF No. #402 ) is granted. Signed by Magistrate Judge George Foley, Jr on 1/18/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 408
ORDER that Defendant Shana Lee McCart-Pollak's Motion to Compel Compliance with Subpoena to Produce Documents (ECF No. #399 ) is granted; McCart-Pollak shall file her application for costs no later than January 21, 2019; Plaintiffs On Demand Direct Response III, LLC and On Demand Direct Response LLC's and Defendant McCart-Pollak's Joint Motion Regarding Due Date (ECF No. #401 ) is granted; McCart-Pollak shall have until February 15, 2019 to seek discovery from Spiral Toys as indicated previously and within this Order. McCart-Pollak may file a renewed motion to calculate damages no later than February 22, 2019. Signed by Magistrate Judge George Foley, Jr on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing 407
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint, #2 Third Party Complaint, #3 Order) (KW)
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Filing 406
ORDER that Harrington's motion for summary judgment ECF No. #381 is granted. Summary judgment is granted in favor of Harrington on Pollack's remaining unjust enrichment claim against him. Signed by Judge Miranda M. Du on 1/11/2019.(Copies have been distributed pursuant to the NEF - KW)
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Filing 405
MOTION to Compel Compliance with Subpoena to Produce Documents, Contempt Charges and Sanctions against Mark Meyers and Spiral Toys (Oral Arguments Requested), filed by Defendant Shana Lee McCart-Pollak. Responses due by 1/2/2019. (Attachments: #1 Exhibits) (KW)
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Filing 404
NOTICE OF ERRATA re Shana Lee McCart-Pollak's Declaration in Support of Her Addendum to ECF No. #401 Stipulation, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 403
RESPONSE to #401 Stipulation by ThirdParty Defendant Kevin Harrington. (Attachments: #1 Exhibit 1) (Feder, Michael)
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Filing 402
MOTION Request for Permission to Serve Non-Party Subpoena On Jay At Play by Shana Lee McCart-Pollak. Responses due by 12/28/2018. (LH)
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Filing 401
STIPULATION / Joint Motion Regarding Due Date For Shana Lee McCart-Pollak's Prove Up Damages Against "On Demand", by Shana Lee McCart-Pollak. (LH)
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Filing 400
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 12/3/2018. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the sealed Order signed by Chief Judge Gloria M. Navarro in 2:18-mj-17(ECF No. 2.) Good cause appearing, Attorney Jeffrey Anthony Miller is terminated as counsel for Plaintiffs/Counter defendants in this case. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 399
MOTION to Compel Compliance with Subpoena to Produce Documents, by Shana Lee McCart-Pollak. Responses due by 12/14/2018. (LH)
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Filing 398
REPLY to ECF No. #397 Response to ECF No. #393 Motion to show cause, by Defendant/ThirdParty Plaintiff Shana Lee McCart-Pollak. (DRM)
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Filing 397
RESPONSE to #393 Motion by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Replies due by 11/20/2018. (Abbatangelo, Tony)
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Filing 396
CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge George Foley, Jr for all further proceedings consistent with his jurisdiction. All further documents must bear the correct case number 2:15-cv-01576-MMD-GWF. (no image attached) (WJ)
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Filing 395
ORDER OF RECUSAL. With good cause appearing, the Honorable Magistrate Judge Nancy J. Koppe recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. Signed by Magistrate Judge Nancy J. Koppe on 11/9/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 394
NOTICE of Change of Address by Tony L Abbatangelo. (Abbatangelo, Tony)
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Filing 393
MOTION to Show Cause Why Tony Abbatangelo Should Not Be Held in Contempt of Court and for Sanctions by Shana Lee McCart-Pollak. Responses due by 11/13/2018. (LH)
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Filing 392
EXHIBIT LIST, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 391
MINUTES OF PROCEEDINGS - Prove-Up Hearing re: #380 Motion to Calculate Damages held on 10/16/2018 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: None Appearing; Def Counsel: Shana Lee McCart-Pollak, Pro Se; Third-Party Def Counsel: Michael N. Feder, Esq.; Time of Hearing: 10:16 AM - 10:50 AM; Electronic Court Recorder Operator: FTR; Recording start and end times: 10:16:51 - 10:50:21; Courtroom: 3D; Defendant is present. Third-Party Defendant's counsel is present. The Court makes preliminary statements and notes that Plaintiffs' counsel are not present. The Court hears the representations of Defendant Shana Lee McCart-Pollak as to #380 Motion to Calculate Damages. Defendant McCart-Pollak introduces Defendant's Exhibits A, B and C and moves for its admission into evidence. Objections are heard from Attorney Michael N. Feder. The Court will admit Defendant's Exhibits A, B and C for the purpose of this hearing only. For the reasons stated on the record, IT IS ORDERED that #380 Motion to Calculate Damages is DENIED without prejudice to allow the Defendant to properly subpoena documents from Spiral Toys, LLC. IT IS FURTHER ORDERED that Defendant must file a renewed request for damages by Monday, December 17, 2018. See #390 Order. (no image attached) (Copies have been distributed pursuant to the NEF - AC)
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Filing 390
ORDER DENYING without prejudice the renewed Motion to calculate damages for default judgment (ECF No. #380 ). The discovery period is REOPENED through December 17, 2018 for the purpose specified herein. A second renewed motion to calculate damages shall be filed by December 17, 2018, and must show with reasonable certainty On Demand's profits. (See pdf order for details and specifics.) Signed by Magistrate Judge Nancy J. Koppe on 10/16/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 389
REPLY to Response to #381 Motion for Summary Judgment by ThirdParty Defendant Kevin Harrington. (Attachments: #1 Exhibit 1) (Blumberg, Gabriel)
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Filing 388
ORDER that Ms. McCart-Pollak's motion for sanctions is hereby DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 9/24/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 387
ORDER re Ms. McCart-Pollak's renewed motion to calculate damages (ECF No. #380 ). The Court hereby SETS a prove-up hearing for 10:00 a.m. on October 16, 2018, in LV Courtroom 3D. Signed by Magistrate Judge Nancy J. Koppe on 9/14/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 386
RESPONSE - Shana Lee McCart-Pollak's Motion in Opposition to Third-Party Defendant Kevin Harrington's Motion for Summary Judgment (ECF No. 381). Replies due by 9/27/2018. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2, #3 Exhibits Part 3) (DRM)
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Filing 385
REPLY to ECF No. #384 Response to ECF No. #383 Motion for Spoilations and Sanctions against Harrington and On Demand Along with Further Contempt Proceedings against On Demand, by Shana Lee McCart-Pollak. (LH)
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Filing 384
RESPONSE to #383 Motion by ThirdParty Defendant Kevin Harrington. Replies due by 9/13/2018. (Attachments: #1 Exhibit 1) (Blumberg, Gabriel)
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Filing 382
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/24/2018. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #381 Motion for Summary Judgment. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - LH)
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Filing 383
MOTION for Spoilations and Sanctions against Harrington and On Demand Along with Further Contempt Proceedings against On Demand (Oral Arguments Requested), filed by Defendant Shana Lee McCart-Pollak. Responses due by 9/6/2018. (KW)
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Filing 381
MOTION for Summary Judgment Third-Party Defendant Kevin Harrington's Motion for Summary Judgment by ThirdParty Defendant Kevin Harrington. Responses due by 9/13/2018. (Attachments: #1 Exhibit 1) (Blumberg, Gabriel)
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Filing 380
AFFIDAVIT of Shana Lee McCart-Pollack in Support of ECF No. #363 Judgment Default against On Demand Entitles, filed by Defendant Shana Lee McCart-Pollak. (Attachments: #1 Exhibits) (KW) Modified event on 8/7/2018 per NJK chambers (TR).
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Filing 379
ORDER GRANTING ECF No. #378 Motion to Withdraw as Attorney : Zachariah B Parry withdrawn from the case for Ms. McCart-Pollak. The Clerk is INSTRUCTED to update the docket to reflect that Ms. McCart-Pollak is proceeding pro se at this time at the address on page 3 at ECF No. #378 . Signed by Magistrate Judge Nancy J. Koppe on 8/3/2018.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 378
First MOTION to Withdraw as Attorney by Zachariah B. Parry for ThirdParty Plaintiff Shana Lee McCart-Pollak. (Parry, Zachariah)
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Filing 377
AMENDED STIPULATED CONFIDENTIALITY AGREEMENT and PROTECTIVE ORDER pursuant to ECF No. #376 . Signed by Magistrate Judge Nancy J. Koppe on 7/27/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 376
Joint MOTION Joint Motion for Entry of Amended Stipulated Confidentiality Agreement and Protective Order re 373 Order on Stipulation,, Minute Order, by ThirdParty Defendant Kevin Harrington. Responses due by 8/10/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Feder, Michael)
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Filing 375
ORDER denying without prejudice ECF No. #367 Motion to Withdraw as Attorney. Signed by Magistrate Judge Nancy J. Koppe on 7/27/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing 374
ORDER denying without prejudice ECF No. #365 Motion to Calculate Damages for Default Judgment. Renewed motion to calculate damages due within 14 days. Signed by Magistrate Judge Nancy J. Koppe on 7/27/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing 373
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 7/26/2018. The Court has entered a protective order in this case. Docket No. 357. Pending before the Court is a stipulation to replace that protective order with an amended protective order. Docket No. 372. The latest filing fails to identify how it differs from the previous protective order. Accordingly, it is DENIED without prejudice. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - TM)
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Filing 372
Amended STIPULATION re Discovery Amended Stipulated Confidentiality Agreement and Protective Order re #357 Order on Stipulation, by ThirdParty Defendant Kevin Harrington. (Feder, Michael)
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Filing 371
ORDER that the Court STRIKES Ms. McCart-Pollak's notices (ECF Nos. #368 , #369 , #370 ), and instructs the parties to refrain from filing discovery documents on the docket in the future absent a Court order that they do so. Signed by Magistrate Judge Nancy J. Koppe on 7/12/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 370
STRICKEN pursuant to ECF No. #371 ORDER : NOTICE Notice of Subpoena to Cloud B by Shana Lee McCart-Pollak. (Parry, Zachariah) Modified on 7/13/2018 to denote STRICKEN (LH).
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Filing 369
STRICKEN pursuant to ECF No. #371 ORDER : NOTICE Notice of Subpoena to Mark Meyers by Shana Lee McCart-Pollak. (Parry, Zachariah) Modified on 7/13/2018 to denote STRICKEN (LH).
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Filing 368
STRICKEN pursuant to ECF No. #371 ORDER : NOTICE Notice of Subpoena to Mark Meyers by Shana Lee McCart-Pollak( #171 order dismissing 5/24/16). (Parry, Zachariah) Modified on 7/13/2018 to denote STRICKEN (LH).
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Filing 367
Second MOTION to Withdraw as Attorney by Tony L. Abbatangelo for Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 366
CERTIFICATE OF SERVICE for 361 Order on Report and Recommendation,,,,,,,,, Show Cause Hearing,,,,,,,, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 365
AFFIDAVIT of Shana McCart-Pollak in Support of Default Judgment Against On Demand Entities re #363 Judgment Default by ThirdParty Plaintiff Shana Lee McCart-Pollak. (Parry, Zachariah) Modified event on 6/28/2018 per NJK chambers (TR).
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Filing 364
Interim STATUS REPORT Joint by Counter Claimant Shana Lee McCart-Pollak. (Parry, Zachariah) Modified on 6/22/2018 remove duplicate text. (BLG).
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Filing 363
DEFAULT JUDGMENT in favor of Shana Lee McCart-Pollak against On Demand Direct pursuant to ECF No. #362 Order. Signed by Clerk of Court Debra K. Kempi on 6/20/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 362
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE NANCY J. KOPPE ECF No. #341 . Clerk directed to enter default judgment in favor of McCart-Pollak on her counterclaims against On Demand. Signed by Judge Miranda M. Du on 6/19/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 361
MINUTES OF PROCEEDINGS - Show Cause Hearing re: Plaintiffs' counsel Jeffrey Miller held on 6/18/2018 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Tony Abbatangelo; Def Counsel: Zachariah Parry (for Defendant/Third Party Plaintiff/Counter Claimant McCart-Pollak); Michael Feder (for Third Party Defendant Harrington); Court Reporter: Felicia Zabin; Time of Hearing: 9:48 AM - 10:08 AM; Courtroom: 4B; Jeffrey Miller is not present. Mr. Abbatangelo addresses the Court and asks the Court to reconsider Magistrate Judge Koppe's denial of his motion to withdraw as local counsel for Plaintiff. The Court directs Mr. Abbatangelo to file a motion on this issue. Mr. Parry addresses the Court. The Court makes findings for the record and advises counsel it will issue an oral ruling. For the reasons cited in open court, the Court adopts the Report and Recommendation (ECF No. #341 .) The Court grants default judgment for Defendant McCart-Pollak and against Plaintiff on Ms. McCart-Pollak's counterclaims. Defendant McCart-Pollak is directed to file an affidavit in support of counterclaims damages within 14 days. The matter of damages will be referred to Magistrate Judge Nancy J. Koppe. The Court makes findings with regard to the recommendation of a finding of contempt of court as to Mr. Miller. The Court adopts the report and recommendation (ECF No. #341 ) as to Mr. Miller. Plaintiff On Demand Direct Response LLC and Jeffry Miller are found in contempt. An order follows. Plaintiffs and Mr. Miller are to file a response to the Court's findings within 30 days. The Court directs Mr. Abbatangelo to serve a copy of this minute order and the Court's forthcoming order on Plaintiff and Mr. Miller by e-mail and mail and file a certification of serve. Defendant may file a motion for attorney fees on the contempt issue within 14 days. The issue of attorney fees as to the contempt order is to be referred to Magistrate Judge Koppe. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 360
NOTICE OF COURTROOM LOCATION for the Show Cause hearing on 6/18/2018. Please take notice that the Show Cause Hearing set for 6/18/2018 at 09:30 AM will be heard in LV Courtroom 4B before Judge Miranda M. Du. (no image attached) (PAV)
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Filing 359
ORDER that the pending motion to calculate costs (ECF No. #348 ) is GRANTED in part and DENIED in part. Signed by Magistrate Judge Nancy J. Koppe on 5/25/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 358
ORDER re ECF No. #357 Stipulated Protective Order, directing counsel to comply with the requirements of Local Rule IA 10-5, the Ninth Circuit's decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed under seal. To the extent any aspect of the stipulated protective order may conflict with this order or Local Rule IA 10-5, that aspect of the stipulated protective order is hereby superseded with this order. Signed by Magistrate Judge Nancy J. Koppe on 5/23/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing 357
ORDER approving ECF No. #356 Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 5/23/2018. (Copies have been distributed pursuant to the NEF - KR)
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Filing 356
STIPULATION re Discovery Stipulated Confidentiality Agreement and Protective Order by ThirdParty Defendant Kevin Harrington. (Feder, Michael)
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Filing 355
ORDER - The Court CAUTIONS Mr. Harrington and his counsel that they must comply with all applicable rules and all orders moving forward. FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF SANCTIONS, UP TO AND INCLUDING CASE-DISPOSITIVE SANCTIONS. As this is the second such warning, see Docket No. #310 at 5, Mr. Harrington and his counsel should expect the imposition of sanctions for future violations. In all other respects, the order to show cause is DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 5/15/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 354
SCHEDULING ORDER GRANTING in part and DENYING in part ECF No. #350 Motion to Extend Time : Discovery due by 8/2/2018. Motions due by 8/23/2018. Proposed Joint Pretrial Order due by 9/13/2018. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 5/15/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 353
RESPONSE to #345 Order on Motion to Enforce,,,, Order to Show Cause, by ThirdParty Defendant Kevin Harrington. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Blumberg, Gabriel)
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Filing 352
RESPONSE to #350 Motion to Extend/Shorten Time by ThirdParty Defendant Kevin Harrington. Replies due by 5/21/2018. (Blumberg, Gabriel)
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Filing 351
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 5/10/2018. Pending before the Court is a motion to extend. Docket No. 350. Any response shall be filed by noon on May 14, 2018. No reply shall be filed absent leave from the Court. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - TM)
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Filing 350
Fourth MOTION to Extend Time (Fourth Request) re #311 Order on Motion to Extend/Shorten Time,, Scheduling Order, by ThirdParty Plaintiff Shana Lee McCart-Pollak. (Parry, Zachariah)
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Filing 349
NOTICE of Appearance by attorney Zachariah B Parry on behalf of Defendant Shana Lee McCart-Pollak, Counter Claimant Shana Lee McCart-Pollak, Third Party Plaintiffs Shana Lee McCart-Pollak, Shana Lee McCart-Pollak. (Parry, Zachariah)
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Filing 348
MOTION re Calculation of Costs, filed by Defendant Shana Lee McCart-Pollak. Responses due by 5/23/2018. (KW)
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Filing 347
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/4/2018. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing set for 6/19/2018 at 9:30 AM is ADVANCED to 6/18/2018 at 09:30 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 346
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 5/3/2018. Please take notice that Judge Du has made changes to her Civil Standing Order. The most current Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 345
ORDER; ORDER TO SHOW CAUSE. The Motion to Enforce ECF No. #326 is GRANTED; motion for sanctions is hereby GRANTED as to Ms. McCart-Pollak's costs; Mr. Harrington, Michael Feder and Gabriel Blumberg are ORDERED to show cause in writing by 5/14/2018, why they should not be sanctioned (See order for further details and information). Signed by Magistrate Judge Nancy J. Koppe on 4/30/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 344
ORDER that McCart-Pollak's motion to compel (ECF No. #327 ) is GRANTED in part and DENIED in part. The request for sanctions is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 4/30/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 343
ORDER denying ECF No. #301 Tony Abbatangelo's Motion to Withdraw as Attorney. Signed by Magistrate Judge Nancy J. Koppe on 4/20/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 342
ORDER granting ECF No. #294 Motion to Compel and for Sanctions. Court urges Ms. McCart-Pollak and On Demand's counsel to confer on an amount of costs to be awarded. If an agreement cannot be made, Ms. McCart-Pollak shall file a "Motion to Calculate Costs" by 5/4/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/20/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 341
REPORT AND RECOMMENDATION and ORDER CERTIFYING FACTS FOR CONTEMPT HEARING. RECOMMENDS that dispositive sanctions be imposed against On Demand, including entry of default judgment on Ms. McCart-Pollaks counterclaims. Objections to R&R due by 05/04/2018.The Court CERTIFIES the facts outlined in order and ORDERS On Demand and Mr. Miller to appear before U.S. District Judge Miranda M. Du at 9:30 a.m. on 06/19/2018, in a LV Courtroom to be determined to show cause why they should not be held in contempt. The Court DISCHARGES the remaining aspects of the order to show cause; GRANTS in part and DENIES in part ECF Nos. #291 / #292 Ms. McCart-Pollak's motions. Signed by Magistrate Judge Nancy J. Koppe on 04/20/2018. (KW)
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Filing 340
REPLY to ECF No. #332 Response to ECF Nos. #326 motion to enforce and #327 motion to compel by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 339
ORDER DENYING without prejudice ECF No. #335 Motion to Extend Time. Signed by Magistrate Judge Nancy J. Koppe on 4/10/2018.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 338
ORDER GRANTING in part and DENYING in part ECF No. #329 Motion for protective order. Signed by Magistrate Judge Nancy J. Koppe on 4/9/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 337
ORDER DENYING without prejudice ECF No. #317 Motion for protective order. Signed by Magistrate Judge Nancy J. Koppe on 4/9/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 336
ORDER DENYING as unnecessary the counter-motion for protective order (ECF No. #333 ). Signed by Magistrate Judge Nancy J. Koppe on 4/9/2018.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 335
MOTION to Extend the Deadlines for Amending the Pleadings/Adding Parties, and Possibly Other Discovery Deadlines the Court Deems Necessary, by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 334
REPLY to Response to #329 Motion by Third Party Defendants Kevin Harrington, Kevin Harrington. (Blumberg, Gabriel)
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Filing 333
MOTION for Protective Order by Third Party Defendants Kevin Harrington, Kevin Harrington. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C) (Blumberg, Gabriel)
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Filing 332
RESPONSE to #327 Motion to Compel, #326 Motion to Enforce by Third Party Defendants Kevin Harrington, Kevin Harrington. Replies due by 4/11/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C) (Blumberg, Gabriel)
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Filing 331
RESPONSE to ECF No. #329 Emergency Motion for Protective Order by Defendant Shana Lee McCart-Pollak. Replies due by 4/11/2018. (LH)
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Filing 330
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe on 3/28/2018. Pending before the Court is Third-Party Defendant Harrington's emergency motion for protective order. Docket No. 329. A response shall be filed no later than April 4, 2018, and any reply shall be filed no later than April 6, 2018. The deposition at issue is VACATED pending the Courts ruling on Defendant's motion. The Clerk's Office is INSTRUCTED to serve this order on Third-Party Plaintiff McCart-Pollak at lotsoflovebuddies@yahoo.com. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - DD)
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Filing 329
Emergency MOTION Protective Order by Third Party Defendants Kevin Harrington, Kevin Harrington. Responses due by 4/11/2018. (Attachments: #1 Exhibit) (Blumberg, Gabriel)
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Filing 328
REPLY to ECF No. #324 Response to Order ECF No. #323 , filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 327
MOTION to Compel Discovery and for Sanctions Against Third Party Defendant Kevin Harrington, filed by Defendant Shana Lee McCart-Pollak. Responses due by 4/6/2018. (KW)
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Filing 326
MOTION to Enforce ECF No. #310 Court Order on Motion to Compel, filed by Defendant Shana Lee McCart-Pollak. Responses due by 4/4/2018. (KW)
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Filing 325
REPLY to ECF No. #322 Response to ECF No. #317 Motion for Entry of Protective Order, by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 324
RESPONSE to #323 Order, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 323
ORDER that On Demand shall file a supplement by 3/22/2018 identifying whether the third-party vendor has been paid and, if so, whether the documents have now been produced. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 322
RESPONSE to #317 Motion by ThirdParty Defendant Kevin Harrington. Replies due by 3/13/2018. (Attachments: #1 Exhibit 1) (Blumberg, Gabriel)
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Filing 321
TRANSCRIPT of Proceedings, 320 Show Cause Hearing, held on 02/23/2018, before Magistrate Judge Nancy J. Koppe. Court (Reporter) Transcriber: Amber McClane, AM@nvd.uscourts.gov. Recording start and end times: 10:10 a.m. - 10:28 a.m. Any Redaction Request is due by 3/26/2018. Redacted Transcript Deadline is set for 4/5/2018. Release of the Transcript Restriction is set for 6/3/2018. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order Form is available on the court website. After that date, it may be purchased through the court reporter or PACER. (AMM)
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Filing 320
MINUTES OF PROCEEDINGS - Show Cause Hearing re: #297 Order to Show Cause/ Motion Hearing re: #291 Motion to Hold Lawyer Jeffrey Miller in Contempt of Court, #292 Motion for Sanctions, #308 Motion to Enforce Payment, #294 Motion to Compel Discovery, and #301 Motion to Withdraw as Local Counsel of Record held on 2/23/2018 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: A. Caytuero; Pla Counsel: Tony L. Abbatangelo, Esq.; Def Counsel: Shana Lee McCart-Pollak, Pro Se; Third-Party Def Counsel: Michael N. Feder, Esq.; Time of Hearing: 10:10 AM - 10:28 AM; Recording start and end times: 10:10:17 - 10:28:26; Courtroom: 3A; The Court makes preliminary statements and notes that Attorney Jeffrey Miller is not present. The Court hears the representations of counsel as to Attorney Jeffrey Miller's failure to appear at today's hearing. The Court hears further representations of counsel and Defendant as to #297 Order to Show Cause, #291 Motion to Hold Lawyer Jeffrey Miller in Contempt of Court, #292 Motion for Sanctions, #308 Motion to Enforce Payment, #294 Motion to Compel Discovery and #301 Motion to Withdraw as Local Counsel of Record. The Court will take the matters under advisement and a written Order will issue. A discussion regarding the third party vendor and deposition was held. The Court advises counsel to follow the Local Rules of Federal Practice. (no image attached) (Copies have been distributed pursuant to the NEF - AC) Modified on 2/23/2018 (AC).
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Filing 319
NOTICE - The undersigned hereby provides notice of the matters referenced herein to the District Court Executive for Nevada, Chief United States District Judge Gloria M. Navarro, and assigned United States District Judge Miranda M. Du. The Clerk's Office is further INSTRUCTED that in light of other proceedings before the Court, Mr. Miller shall remain on the CM/ECF distribution list for this case. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - DRM) Modified on 2/26/2018 typo correction. (BLG).
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Filing 318
ORDER that ECF No. #308 McCart-Pollak's motion to enforce payment of the previous cost award is GRANTED. Mr. Abbatangelo is ORDERED to pay Ms. McCart-Pollak $146.29 by 5:00 PM today. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 317
MOTION for Entry of Protective Order, filed by Defendant Shana Lee McCart-Pollak. Responses due by 3/6/2018. (KW)
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Filing 316
ORDER Setting Hearing for 2/23/2018 at 10:00 A.M. in LV Courtroom 3A before Magistrate Judge Nancy J. Koppe re: ECF Nos. #297 Order, #291 / #292 Motions for Contempt and Sanctions, #301 Motion to Withdraw as Attorney by Anthony L. Abbatangelo, and #308 MOTION to Enforce Payment. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS AND/OR THE COMMENCEMENT OF CONTEMPT PROCEEDINGS. Signed by Magistrate Judge Nancy J. Koppe on 2/9/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 315
ORDER TO SHOW CAUSE. Show Cause Hearing set for 2/23/2018 at 10:00 A.M. in LV Courtroom 3A before Magistrate Judge Nancy J. Koppe re ECF No. #294 Motion to Compel. Signed by Magistrate Judge Nancy J. Koppe on 2/9/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 314
NOTICE of Corrected Image/Document re #312 Notice (Other), by ThirdParty Defendant Kevin Harrington. (Service of corrected image is attached.) (Feder, Michael)
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Filing 313
NOTICE of Corrected Image/Document re #312 Notice (Other) by ThirdParty Defendant Kevin Harrington. (Service of corrected image is attached.) (Feder, Michael) Modified on 2/6/2018 QC sealed exhibit (copy of check) containing account information. Counsel has re-filed a redacted PDF see #314 . (BLG).
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Filing 312
NOTICE Third-Party Defendant Kevin Harrington's Notice of Compliance With Order [ECF 310] by Kevin Harrington re #310 Order on Motion to Compel,. (Feder, Michael) Modified on 2/6/2018 QC sealed Exhibit (copy of check) containing account information. (BLG).
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Filing 311
SCHEDULING ORDER pursuant to ECF Nos. #296 and #307 Motion to Extend Time, Discovery due by 7/9/2018. Dispositive Motions due by 8/8/2018. Proposed Joint Pretrial Order due by 9/7/2018. THE COURT IS NOT INCLINED TO GRANT FURTHER EXTENSIONS, AND THE PARTIES SHALL USE THE ADDITIONAL TIME PERMITTED HEREIN PRUDENTLY. Signed by Magistrate Judge Nancy J. Koppe on 1/31/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing 310
ORDER that the motion to compel ECF No. #295 is GRANTED in part and DENIED in part. The motion for sanctions is GRANTED in part and DENIED in part, in that Mr. Harrington shall pay Ms. McCartPollak $40 for partial costs within 14 days of the issuance of this order. Signed by Magistrate Judge Nancy J. Koppe on 1/31/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 309
RESPONSE to #307 Motion to Extend/Shorten Time by ThirdParty Defendant Kevin Harrington. Replies due by 2/6/2018. (Blumberg, Gabriel)
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Filing 308
MOTION to Enforce Payment of Court Order ECF No. #302 by Defendant Shana Lee McCart-Pollak. Responses due by 2/9/2018. (LH)
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Filing 307
MOTION to Extend the Deadline for Rebuttal Experts and All Remaining Discovery Deadlines (Oral Arguments Requested), filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 306
REPLY to ECF No. #299 Response re ECF No. #296 Motion to Extend Time, by Defendant/Third Party Plaintif Shana Lee McCart-Pollak. (DRM)
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Filing 305
REPLY to ECF No. #298 Response to ECF No. #295 Motion to Compel Discovery and for sanctions... by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 304
REPLY in support of ECF No. #294 Motion to Compel Discovery and for sanctions... by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 303
RESPONSE to ECF No. #300 Response to ECF No. #297 Order to Show Cause by Defendant Shana Lee McCart-Pollak. (LH) Modified on 1/5/2018 to denote response(LH).
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Filing 302
ORDER that the motion to calculate costs is GRANTED and the motion to reconsider the denial of attorney's fees is DENIED ECF No. #293 . Signed by Magistrate Judge Nancy J. Koppe on 1/4/2018.(Copies have been distributed pursuant to the NEF - KW)
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Filing 301
MOTION to Withdraw as Attorney by Anthony L. Abbatangelo for Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 300
RESPONSE to #297 Order to Show Cause by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 299
RESPONSE to #296 Motion to Extend/Shorten Time by ThirdParty Defendant Kevin Harrington. Replies due by 1/4/2018. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 1-A, #3 Exhibit Exhibit 1-B Objection) (Blumberg, Gabriel)
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Filing 298
RESPONSE to #295 Motion to Compel by Third Party Defendants Kevin Harrington, Kevin Harrington. Replies due by 1/2/2018. (Attachments: #1 Declaration, #2 Declaration) (Blumberg, Gabriel)
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Filing 297
ORDER TO SHOW CAUSE. On Demand Direct Response, LLC, On Demand Direct Response III, LLC and Jeffrey Miller show cause response in writing due by 1/3/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/18/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing 296
MOTION to Extend the Deadline for Amending the Pleadings/Adding Parties, Designation of Experts, and Interim Status Report (Third Request) by Defendant Shana Lee McCart-Pollak. (LH)
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Filing 295
MOTION to Compel Discovery and for Sanctions Against Third Party Defendant Kevin Harrington by Defendant Shana Lee McCart-Pollak. Responses due by 12/26/2017. (LH)
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Filing 294
MOTION to Compel Discovery and for Sanctions Against Counter Defendant On Demand Direct Response III, LLC by Defendant Shana Lee McCart-Pollak. Responses due by 12/26/2017. (LH)
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Filing 293
STIPULATION (Partial) re Sanctions Against "On Demand" for Motion to Compel in Re to Court Order ECF No. #289 , by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 292
MOTION for Sanctions re #289 Order on Motion to Compel, by Defendant Shana Lee McCart-Pollak. (Same PDF a as #291 ). Responses due by 12/11/2017. (BLG)
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Filing 291
MOTION to Hold Lawyer Jeffrey Miller in Contempt of Court and For Sanctions, filed by Defendant Shana Lee McCart-Pollak. Responses due by 12/11/2017. (LH) Modified on 11/28/2017 Motion for Sanctions docketed as a separate event pursuant to Local Rules. See #292 (BLG).
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Filing 290
ORDER granting ECF No. #286 Motion to Extend Time. Deadline to amend or add parties is 12/15/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/17/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing 289
ORDER - ECF No. #282 motion to compel is GRANTED and the motion for sanctions is GRANTED in part and DENIED in part. The motion for hearing (ECF No. #288 ) is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 11/17/2017.(Copies have been distributed pursuant to the NEF - LH) Modified on 11/17/2017 to add additional text(LH). Modified on 12/12/2017 to denote ECF No.(LH).
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Filing 288
MOTION for Hearing re ECF No. #282 Motion to Compel, by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 287
REPLY to Response to ECF No. #282 Motion to Compel, by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 286
MOTION Request to Extend the Deadline for Amending the Pleadings/Adding Parties (Second Request), by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 285
RESPONSE to #282 Motion to Compel, filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Replies due by 11/14/2017. (Abbatangelo, Tony)
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Filing 284
DECLARATION of Jeffrey A. Miller in Support of #285 Opposition to Motion to Compel re #282 Motion to Compel ; by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony) Modified on 11/8/2017 link added. (BLG).
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Filing 283
ORDER that counsel for On Demand to contact Ms. Pollack to arrange a telephonic meet-and-confer to take place by 10/30/2017; if dispute is resolved, parties to file a joint notice indicating such by 11/07/2017; if dispute remains, On Demand shall file a response to ECF No. #282 Motion to Compel by 11/7/2017. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 282
MOTION to Compel Discovery and for Sanctions Against Counter Defendants on Demand Direct Response, LLC and on Demand Direct Response III, LLC (Oral Arguments Request), filed by Defendant Shana Lee McCart-Pollak. Responses due by 11/7/2017. (KW)
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Filing 281
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (KW)
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Filing 280
SCHEDULING ORDER pursuant to ECF No. #279 Proposed Discovery Plan/Scheduling Order. Discovery due by 2/14/2018. Dispositive Motions due by 3/16/2018. Proposed Joint Pretrial Order due by 4/16/2018. Signed by Magistrate Judge Nancy J. Koppe on 09/05/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 279
PROPOSED Discovery Plan/Scheduling Order filed by ThirdParty Defendant Kevin Harrington Submitted in Compliance with LR 26-1(b). (Feder, Michael)
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Filing 278
ORDER granting ECF No. #277 Stipulation and Request to Extend Amending the Pleadings/Adding Parties and Disclosure of Experts (First Request). Amending the pleadings/adding parties and disclosure of experts is extended to 09/25/2017. Additionally, the deadline for rebuttal experts is extended to 10/09/2017. Signed by Magistrate Judge Nancy J. Koppe on 08/22/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 277
STIPULATION and Request to Extend Amending the Pleadings/Adding Parties, and Disclosure of Experts (First Request), filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 276
ANSWER to #225 Third Party Complaint filed by Kevin Harrington.(Blumberg, Gabriel)
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Filing 275
ORDER granting in part and denying in part Third Party Defendant Kevin Harrington's ECF No. #233 Motion to Dismiss; granting Harrington's ECF No. #266 Motion to Strike, striking Plaintiff's ECF No. #264 Supplement; denying Plaintiff's ECF No. #271 Motion to Supplement. Signed by Judge Miranda M. Du on 8/4/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 273
ORDER granting ECF No. #231 Motion to Strike and ECF No. #232 Joinder. All claims asserted against Jay Franco Parties and Spiral Toys as Third Party Defendants, along with all references of these parties as Third Party Defendants, are stricken from the TPAC. Signed by Judge Miranda M. Du on 8/4/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 274
REPLY to Response to #233 Motion - Reply to Harrington's Opposition to Shana Lee McCart-Pollak's Motion for Leave to Supplement the Record with New Evidence in Opposition of Third-Party Defendant Kevin Harrington's Motion to Dismiss/Summary Judgment, filed by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 272
RESPONSE to #271 Motion for Leave to File,, filed by ThirdParty Defendant Kevin Harrington. Replies due by 8/2/2017. (Blumberg, Gabriel)
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Filing 271
MOTION for Leave to Supplement the Record with New Evidence in Opposition of Third-Party Defendant Kevin Harrington's Motion to Dismiss/Summary Judgment (Oral Arguments Requested), filed by Defendant Shana Lee McCart-Pollak. (Attachments: #1 Exhibits)(KW)
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Filing 270
RESPONSE to ECF No. #266 Motion to Strike, filed by Defendant Shana Lee McCart-Pollak. Replies due by 6/16/2017. (KW)
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Filing 269
REPLY to Response to #266 Motion to Strike, filed by ThirdParty Defendant Kevin Harrington. Supplement Evidence to Shana Lee McCart Pollak's Opposition to Motion to Dismiss [ECF No. 264] (Blumberg, Gabriel)
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Filing 268
REPLY to Response to ECF Nos. #265 and #266 Motion to Strike, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 267
ERRATA Amended Certificate of Service filed by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel)
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Filing 266
Counter MOTION to Strike Shana Lee McCart-Pollak's Motion for Leave to File a #264 Supplement [ECF No. 264] by ThirdParty Defendant Kevin Harrington. Responses due by 6/7/2017. (Blumberg, Gabriel) Modified on 5/25/2017 link added. (BLG).
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Filing 265
RESPONSE to filed by ThirdParty Defendant Kevin Harrington. to Shana Lee McCart-Pollak's Motion for Leave to File a #264 Supplement [ECF No. 264] and Countermotion to Strike Replies due by 5/31/2017. (Blumberg, Gabriel) Modified on 5/25/2017 link added. (BLG).
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Filing 264
STRICKEN PER ECF No. #275 ORDER: SUPPLEMENT Evidence to Third-Party Plaintiff Shane Lee McCart Pollak's Opposition to Thir-Party Defendant Kevin Harrington's Motion to Dismiss (and or Opposition to Summary Judgment ECF Nos. #253 / #163 , by Defendant Shana Lee McCart-Pollak. (KW) Modified on 8/4/2017 to denote stricken (KR).
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Filing 263
NOTICE of Change of Address by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. Old address 1900 Thunder Ridge Circle, Henderson, NV 89012. New address 524 Blanche Court, Henderson, NV 89052. (DRM)
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Filing 262
ORDER on Mandate as to ECF No. #218 Notice of Appeal, ECF No. #254 USCA Order, ECF No. #261 USCA Mandate. USCA case 17-15020. Signed by Judge Miranda M. Du on 3/27/2017. (KR)
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Filing 261
MANDATE of USCA, Ninth Circuit, as to ECF No. #218 Notice of Appeal, ECF No. #254 USCA Order. USCA case 17-15020. (KR)
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Filing 260
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (KW)
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Filing 259
SCHEDULING ORDER pursuant to ECF No. #258 Joint Stipulated Amended Discovery Discovery Plan/Scheduling Order. Discovery due by 10/23/2017. Motions due by 11/21/2017. Proposed Joint Pretrial Order due by 12/22/2017. Signed by Magistrate Judge Nancy J. Koppe on 03/23/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 258
JOINT STIPULATED AMENDED DISCOVERY PLAN AND SCHEDULING ORDER, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 257
ORDER granting ECF No. #239 Harrington's Motion to Stay Discovery. To the extent Harrington' s motion to dismiss is not granted in full, the parties shall file a joint statement regarding whether and how discovery should proceed with respect to Harrington. That joint statement shall be filed within 14 days of the issuance of the order resolving the motion to dismiss. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 03/08/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 256
REPLY to RESPONSE to #233 Motion to Dismiss, filed by Third Party Defendants Kevin Harrington, Kevin Harrington. Replies due by 3/13/2017. (Feder, Michael) Modified event on 3/7/2017 (EDS).
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Filing 255
REPLY to RESPONSE to #239 Motion to Stay, filed by Third Party Defendants Kevin Harrington, Kevin Harrington. Replies due by 3/13/2017. (Feder, Michael) Modified event on 3/7/2017 (EDS).
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Filing 254
ORDER of USCA, Ninth Circuit, as to ECF No. #218 Notice of Appeal. Appeal DISMISSED for lack of jurisdiction. USCA case 17-15020. (DRM)
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Filing 253
RESPONSE to ECF No. #233 Motion to Dismiss (and or Opposition to Summary Judgment), filed pro se by Defendant/Third Party Plaintiff Shana Lee McCart-Pollak : Replies due by 3/7/2017. (Attachments: #1 Exhibits)(DRM)
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Filing 252
OPPOSITION to ECF No. #239 Motion to Stay Discovery, filed by ThirdParty Plaintiff Shana Lee McCart-Pollak. Replies due by 3/6/2017. (KR)
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Filing 251
REPLY Memorandum to #231 Motion to Strike filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International re #231 Motion to Strike. Reply Memorandum of Points and Authorities in Further Support of Jay Franco Parties Motion to Strike (Lori, Lisa) Modified on 2/23/2017 event correction. (BLG).
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Filing 250
TRANSCRIPT of Proceedings, 189 Status Conference,,,, held on 9-14-16, before Magistrate Judge Cam Ferenbach. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 3/12/2017. Redacted Transcript Deadline is set for 3/22/2017. Release of the Transcript Restriction is set for 5/20/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
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Filing 249
TRANSCRIPT of Proceedings, 23 Motion Hearing,,,,,,,,,, held on 8-28-15, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 3/12/2017. Redacted Transcript Deadline is set for 3/22/2017. Release of the Transcript Restriction is set for 5/20/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
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Filing 248
ORDER approving ECF No. #245 / #247 Stipulation re ECF No. #233 Third Party Motion to Dismiss Third-Party Plaintiff Shana Lee McCart-Pollak's Amended Third-Party Complaint: Pollak's response due by 2/28/2017. Signed by Judge Miranda M. Du on 2/16/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 247
NOTICE of Corrected Image/Document re #245 Stipulation, by ThirdParty Defendant Kevin Harrington. (Service of corrected image is attached). (Blumberg, Gabriel)
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Filing 246
ORDER denying #245 Stipulation Extending Deadline for Third-Party Plaintiff to Respond to Third-Party Defendant Kevin Harrington's Motion to Dismiss by "ThirdParty Defendant Kevin Harrington. It is ordered: the Stipulation Extending Deadline for Third-Party Plaintiff to Respond to Third-Party Defendant Kevin Harrington's Motion to Dismiss (ECF No. #245 ) is denied for failure to comply with LR IA 6-1(a). Signed by Judge Miranda M. Du on 2/15/2017. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 245
STIPULATION FOR EXTENSION OF TIME (First Request) and [Proposed] Order Extending Deadline for Third-Party Plaintiff to Respond to Third-Party Defendant Kevin Harrington's Motion to Dismiss by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel) Corrected Image #247 attached on 2/16/2017 (TR).
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Filing 244
RESPONSE to ECF No. #231 Motion to Strike, filed by Defendant Shana Lee McCart-Pollak. Replies due by 2/22/2017. (KW)
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Filing 243
ORDER - The joinder at Docket No. #240 is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 2/10/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 242
NOTICE of Corrected Image/Document re #239 Motion to Stay by ThirdParty Defendant Kevin Harrington. (Service of corrected image is attached). (Blumberg, Gabriel)
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Filing 241
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on 2/10/2017. Third-Party Defendant Kevin Harrington has filed a motion with the incorrect case information. Compare Docket No. 239 at 1 with Docket No. 221 (ordering that all further documents must bear the correct case number 2:15-cv-1576-MMD-NJK (emphasis in original)). A corrected image shall be filed by February 14, 2017. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - TM)
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Filing 240
JOINDER TO THIRD PARTY DEFENDANT'S [239MOTION TO STAY DISCOVERY (ECF NO. #234 ) filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony) Modified on 2/10/2017 link added. (BLG).
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Filing 239
MOTION to Stay Discovery by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel)
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Filing 238
REPLY to Response to #231 Motion to Strike filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Reply in Support of Joinder to Motion Strike filed by Third Party Defendants Mark Meyers and Spiral Toys LLC (Sherman, Shlomo)
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Filing 237
RESPONSE Opposition to Mark Meyers and Spiral Toys LLC, Joinder to the Jay Franco Parties' Motion to Strike Portions of Third-Party Plaintiff's Amended Third Party Complaint ECF No. #231 , filed by Pro Se Defendant Shana Lee McCart-Pollak. Replies due by 2/14/2017. (KW)
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Filing 236
ORDER granting ECF No. #224 Motion to Unseal. Clerk INSTRUCTED to unseal ECF Nos. #44 Motion to Seal and #78 Sealed Transcript. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 02/07/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 235
NOTICE of Non-Opposition to Motion to Unseal Documents Submitted by Shana Lee McCart-Pollak by On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Abbatangelo, Tony)
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Filing 234
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #233 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Miranda M. Du on 2/3/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 233
Third Party MOTION to Dismiss Third-Party Plaintiff Shana Lee McCart-Pollak's Amended Third-Party Complaint [ECF 225] by ThirdParty Defendant Kevin Harrington. Responses due by 2/16/2017. (Blumberg, Gabriel)
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Filing 232
RESPONSE to #231 Motion to Strike, filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Joinder to the Jay Franco Parties Motion to Strike Portions of Third Party Plaintiffs Amended Third Party Complaint Replies due by 2/8/2017. (Sherman, Shlomo)
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Filing 231
MOTION to Strike Portions of Third Party Plaintiff's Amended Third Party Complaint by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Responses due by 2/15/2017. (Lori, Lisa)
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Filing 230
ORDER re ECF No. #224 Motion to Unseal, directing Plaintiffs to file a response in opposition or a notice of non-opposition by 2/6/2017. Signed by Magistrate Judge Nancy J. Koppe on 2/1/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 229
TRANSCRIPT DESIGNATION by Defendant Shana Lee McCart-Pollak re ECF No. #218 Notice of Appeal: ECF No. 23 Motion Hearing, ECF No. 73 Order on Motion for Order to Show Cause, ECF No. 159 Miscellaneous Hearing, Preliminary/Permanent Injunction Hearing, ECF No. 189 Status Conference. (KR)
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Filing 228
ORDER re ECF Nos. #226 , #227 Status Reports : (See pdf order for details and specifics.) 1) Motions re discovery due within 7 days of filing of response to the amended third party complaint.2) Ms. McCart-Pollak's motion for a status conference is DENIED. 3) The status conference set for June 27, 2017 (Docket No. 216 ) is VACATED. Signed by Magistrate Judge Nancy J. Koppe on 1/25/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 227
Joint STATUS REPORT filed by PLAINTIFFS/COUNTERDEFENDANTS ON DEMAND DIRECT RESPONSE, LLC AND ON DEMAND DIRECT RESPONSE III, LLC and by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel)
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Filing 226
STATUS REPORT, by Pro Se Defendant/Third-Party Plaintiff, Shana Lee McCart-Pollak. (KW)
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Filing 225
AMENDED THIRD PARTY COMPLAINT, filed by Shana Lee McCart-Pollak (See ECF No. #215 Order). (KW)
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Filing 224
MOTION to Unseal Documents, by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 222
ORDER that the parties are to file a Joint Status Report due by 1/23/2017. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 01/09/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 221
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 1/9/2017. IT IS ORDERED that this case is reassigned to Magistrate Judge Nancy J. Koppe for all further proceedings within her jurisdiction. All further documents must bear the correct case number 2:15-cv-1576-MMD-NJK. Magistrate Judge V. Cam Farenbach, no longer assigned. (no image attached) (Copies have been distributed pursuant to the NEF - BLG)
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Filing 223
USCA TIME SCHEDULE ORDER and civil docketing letter as to #218 Notice of Appeal. USCA case number 17-15020 assigned. (DRM) Modified on 1/9/2017 to correct file date (DRM).
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Filing 220
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 1/5/2017. With good cause appearing, the Honorable Magistrate Judge Cam Ferenbach recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (Copies have been distributed pursuant to the NEF - KW)
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Filing 219
FORM - Designation of Transcripts for ECF No. #218 Notice of Appeal. The form may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (KR)
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Filing 218
NOTICE OF APPEAL as to ECF No. #191 Order, ECF No. #192 Judgment, ECF No. 193 Order, and ECF No. #215 Order, filed by Defendant Shana Lee McCart-Pollak. Filing fee $505 - PAID, receipt NVLAS-47056. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. #1 Copy of Receipt) (Notice of Appeal NEF and PACER docket sheet mailed to P 1/4/2017.) (KR)
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Filing 217
MOTION for Recusal of Magistrate Judge, by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 215
ORDER denying ECF Nos. #194 Pollak's Motion for Reconsideration, #206 Motion for Leave to File Sur-Reply and #207 Motion to Strike. The Court grants leave for Pollak to amend the Third-Party Complaint to assert two claims for unjust enrichment and fraud against Harrington. Pollak will have 30 days to file the amended complaint. Failure to file an amended complaint will result in dismissal of the claims against Harrington with prejudice. Signed by Judge Miranda M. Du on 12/23/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing 216
MINUTES OF PROCEEDINGS - Hearing re status conference held on 12/22/2016 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Court Reporter/Recorder: 10:07 - 10:24; Courtroom: 3D; Counsel that are present Tony Abbatangelo and Michael Feder. Ms. Shana Lee McCart-Pollak is also present. The court canvasses and hears representations from the parties. ORDERED that the MOTION to Compel Counter Defendant On Demand to Produce Initial Disclosures #196 is GRANTED and On Demand will produce initial disclosures by 1/6/17. FURTHER ORDERED that the MOTION to Compel Third-Party Defendant Kevin Harrington to Produce Initial Disclosures #204 is GRANTED IN PART. Once an amended complaint against Kevin Harrington and answer is filed (see order #215 ), all parties will have 20 days to file a proposed discovery plan and scheduling order. Ms. McCart-Pollak will have one week from today to file a motion to recuse if she wants this Magistrate Judge to recuse himself, as stated on the record. Status check hearing set for 6/27/17 at 10:00 a.m. in Courtroom 3D. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 214
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 12/8/2016. Status Hearing set for 12/22/2016 at 10:00 A.M. in LV Courtroom 3D before Magistrate Judge Cam Ferenbach re: ECF Nos. #196 / #204 Motions to Compel. (Copies have been distributed pursuant to the NEF - KW)
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Filing 213
REPLY to ECF No. #211 Response to ECF No. #204 Motion to Compel, filed by Defendant Shana Lee McCart-Pollak. (DRM)
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Filing 212
RESPONSE to ECF No. #207 Motion to Strike, filed by Defendant Shana Lee McCart-Pollak. Replies due by 12/11/2016. (KR)
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Filing 211
RESPONSE to #204 Motion to Compel, filed by ThirdParty Defendant Kevin Harrington. Replies due by 12/3/2016. (Feder, Michael)
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Filing 210
OPPOSITION to ECF No. #206 Motion for Leave to File Sur-Reply, filed by Defendant Shana Lee McCart-Pollak. Replies due by 12/1/2016. (KR)
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Filing 209
REPLY in Support of ECF No. #196 Motion to Compel, filed by Defendant Shana Lee McCart-Pollak. (KW)
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Filing 208
JOINDER to #206 Motion for Leave to File ; Joinder to Jay Franco Parties' Motion for Leave to File Sur-Reply (ECF No. 206) filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. (Sherman, Shlomo)
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Filing 207
MOTION to Strike #201 Reply to Response to Motion Motion to Strike, or in the Alternative, for Leave to File Sur-Reply to, Reply in Support of Third-Party Plaintiff Shana Lee McCart-Pollak's Reconsideration (194) in Regards to the Third-Party Defendants Meyers and Spiral Toys (197) by Third Party Defendants Mark Meyers, Spiral Toys LLC. Responses due by 12/1/2016. (Sherman, Shlomo)
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Filing 206
MOTION for Leave to File Sur-Reply by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. (Lori, Lisa)
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Filing 205
RESPONSE to ECF No. #199 Joinder filed by Third-Party Defendant Harrington, filed by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. (KR)
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Filing 204
MOTION to Compel Third-Party Defendant Kevin Harrington to Produce Initial Disclosures, by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. Responses due by 11/24/2016. (KR)
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Filing 203
REPLY to ECF No. #198 Response to ECF No. #194 Motion for Reconsideration, filed by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. (KR)
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Filing 202
RESPONSE to #196 Motion to Compel, filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Replies due by 11/17/2016. (Abbatangelo, Tony)
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Filing 201
REPLY to ECF No. #197 Response re ECF No. #194 Motion for Reconsideration, filed by Shana Lee McCart-Pollak. (DRM)
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Filing 200
REPLY to ECF No. #198 Response to ECF No. #194 Motion to Reconsider, filed by Defendant Shana Lee McCart-Pollak. (DRM) (Additional attachment(s) added on 11/1/2016: #1 Part 2, #2 Part 3) (DRM). Modified on 11/1/2016 to reflect NEF regenerated to effect e-service inclusive of Parts 2 and 3 of image (DRM).
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Filing 199
JOINDER to ECF #195 Opposition to Third-Party Plaintiff's ECF #194 Motion for Rconsideration filed by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel) Modified on 11/1/2016 link added. (BLG).
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Filing 198
RESPONSE to #194 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, filed by ThirdParty Defendant Kevin Harrington. Replies due by 11/7/2016. (Blumberg, Gabriel)
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Filing 197
RESPONSE to #194 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Opposition to [Motion for] Reconsideration of (Dkt 191-193) Under Federal Rules of Civil Procedure 59(e) and 60(b) Replies due by 11/7/2016. (Sherman, Shlomo)
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Filing 196
MOTION to Compel Counter Defendant On Demand to Produce Initial Disclosures..., by Defendant Shana Lee McCart-Pollak. Responses due by 11/12/2016. (KR)
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Filing 195
RESPONSE to #194 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Replies due by 11/5/2016. (Lori, Lisa)
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Filing 194
MOTION for District Judge to Reconsider Order re ECF Nos. #191 - 193 , by Defendant Shana Lee McCart-Pollak. Responses due by 10/28/2016. (DRM)
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Filing 193
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/3/2016. By Judicial Assistant: Kathy Ryd. It is ordered that Plaintiff' motion for leave to amend (ECF No. #190 ) is denied as moot by the Court's resolution of Plaintiff's previous motion to amend issued on the same day. (Copies have been distributed pursuant to the NEF - KER)
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Filing 192
JUDGMENT in favor of Third-Party Defendants Jay Franco & Sons Inc, Jay At Play International Ltd, Echo Factory Inc, Hutton Miller LLC, Digital Target Marketing LLC, Spiral Toys LLC, and Mark Meyers. Signed by Clerk of Court, Lance S. Wilson on 9/30/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing 191
ORDER denying as moot Third-Party Defendants' ECF Nos. #108 , #111 , #163 Motions to Dismiss; denying Pollak's ECF No. #143 Motion to Amend (see order for details); dismissing the claims against Third-Party Defendants other than Harrington; directing Clerk to enter judgment in favor of Third-Party Defendants Jay Franco & Sons Inc, Jay At Play International Ltd, Echo Factory Inc, Hutton Miller LLC, Digital Target Marketing LLC, Spiral Toys LLC, and Mark Meyers. Signed by Judge Miranda M. Du on 9/30/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing 190
MOTION for Leave to Amend Complaint, by ThirdParty Plaintiff Shana Lee McCart-Pollak. Responses due by 10/17/2016. (KW)
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Filing 189
MINUTES OF PROCEEDINGS - Status Conference held on 9/14/2016 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Court Reporter/FTR #: 1:02 - 1:28; Time of Hearing: 1:00 p.m.; Courtroom: 3D; Parties that are present: Tony Abbatangelo, Michael Feder, Shlomo Sherman, Robert Stewart, Lisa Lori and Shanna Lee McCart-Pollak. The court canvasses and hears representations from the parties. Ms. McCart-Pollak will have until 9/30/16 to file a stipulation together with an amended complaint. Discovery cut-off is 4/17/17, Dispositive motions deadline is 5/17/17, joint pretrial order is due 6/19/17, expert disclosure deadline is 2/17/17, rebuttal experts deadline is 3/17/17, status report deadline is 3/17/17 and initial disclosures by all parties is due by 10/14/16. Ms. Lori advises she has served interrogatories and document requests on Ms. McCart-Pollak. Ms. McCart-Pollak will have until 10/14/16 to respond to whatever discovery is outstanding. (no image attached) (Copies have been distributed pursuant to the NEF - JAR) Modified on 1/25/2017 to reflect hearing date is 9/14/16 (JAR).
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Filing 188
ORDER granting in part and denying in part ECF No. #187 Motion for Leave to Appear by Telephone. Counsel not arguing may appear by telephone. See Order for further details. Signed by Magistrate Judge Cam Ferenbach on 09/09/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing 187
MOTION for Leave to Appear Request for Telephonic Appearance. Attorney: Jeffrey A Miller. by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Miller, Jeffrey)
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Filing 186
ORDERED that the Third-Party Defendants' Emergency Motion to Continue Status Hearing (ECF No. #184 ) is GRANTED. FURTHER ORDERED that the hearing scheduled for 2:30 p.m., August 31, 2016 is VACATED and RESCHEDULED to 1:00 p.m., September 14, 2016, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 8/29/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 185
TRANSCRIPT of Proceedings, 159 Miscellaneous Hearing,,,, held on 4-28-16, before Magistrate Judge Cam Ferenbach. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/24/2016. (KF)
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Filing 184
First MOTION to Continue Magistrate Judge Hearing Emergency Motion to Continue Status Hearing by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. (Attachments: #1 Exhibit A)(Stewart, Robert)
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Filing 183
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 8/18/2016. The status hearing scheduled for 10:00 a.m., September 1, 2016 is VACATED and RESCHEDULED to 2:30 p.m., August 31, 2016, in courtroom 3D. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 182
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 8/18/2016. Re: ECF Nos. #180 , #181 Status Reports : Status Conference set for 9/1/2016 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 181
Interim STATUS REPORT of Third Party Defendants by ThirdParty Defendant Kevin Harrington. (Blumberg, Gabriel)
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Filing 180
STATUS REPORT, by Counter Claimant Shana Lee McCart-Pollak. (JC)
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Filing 179
MINUTES OF PROCEEDINGS - Settlement Conference held on 7/28/2016 before Magistrate Judge Robert A. McQuaid, Jr. Crtrm Administrator: N. Vaglio; Jeffrey A. Miller and Tony L. Abbatangelo for Plaintiff; Shana Lee McCart-Pollak, Counter-Claimant, Pro Se; Michael Kenneth Coran and Ari Rothman for Third-Party Defendants Echo Factory, Hutton Miller; Digital Target Marketing, Jay at Play International, Mark Meyers; Shlomo S. Sherman for Third-Party Defendant Spiral Toys; Michael N. Feder for Third-Party Defendant Kevin Harrington; Court Reporter/FTR #: 9:30 a.m. - 10:35 a.m.; Courtroom: 4A; The Court conducts settlement discussions and negotiations with the parties. The parties are unable to reach a settlement at this time. Therefore, this case is returned to the normal litigation track. (no image attached) (Copies have been distributed pursuant to the NEF - NEV).
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Filing 178
ORDER approving ECF No. #173 Verified Petition for Permission to Practice Pro Hac Vice for Jeffrey A. Miller and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 7/26/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - JC)
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Filing 177
CERTIFICATE of Compliance re 174 Notice: Attorney Action Required, #173 Verified Petition, filed by On Demand Direct Response III, LLC . (Attachments: #1 Exhibit)(Abbatangelo, Tony)
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Filing 176
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/25/2016. By Deputy Clerk: Peggie Vannozzi. On July 12, 2016, Jeffrey A. Miller, Esq. filed his Verified Petition (ECF No. #173 . The Clerk's Office notified Mr. Miller that his Verified Petition did not have a Certificate of Good Standing attached (ECF No. 174 ) and advised him how to file a notice of corrected image and attach the corrected image to the original Verified Petition. Petitioner has until 8/1/2016 to file the notice of corrected image and the corrected image to the original Petition (ECF No. #173 .) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 175
NOTICE of Hearing Location: The Settlement Conference scheduled for Thursday, 7/28/2016 at 9:30 AM will be held in LV Courtroom 4A before Magistrate Judge Robert A. McQuaid Jr.(no image attached)(AF)
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Filing 174
NOTICE: Attorney Action Required to #173 VERIFIED PETITION for Permission to Practice Pro Hac Vice by VP ATTORNEY. ERROR: No Certificate of Good Standing attached to Verified Petition. CORRECTION: Attorney Jeffrey A. Miller advised to file a Notice of Corrected Image/Document event under the Notices category and link to #173 VERIFIED PETITION for Permission to Practice Pro Hac Vice. (no image attached)(BLG)
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Filing 173
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey A. Miller, Esq and DESIGNATION of Local Counsel Tony Abbatangelo, Esq (Filing fee $ 250 receipt number 0978-4195351) filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC . (Abbatangelo, Tony)
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Filing 171
ORDER accepting and adopting ECF No. #161 Report and Recommendation; dismissing Plaintiffs' claims against Defendant Shana Lee McCart-Pollak for failure to prosecute; and denying as moot ECF No. #167 Motion to Dismiss. Signed by Judge Miranda M. Du on 5/24/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing 170
ORDER Scheduling Settlement Conference for 7/28/2016 at 9:30 AM in a LV Courtroom TBD before Magistrate Judge Robert A. McQuaid, Jr. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 5/24/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing 169
AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/24/2016. RE: 168 Minute Order - The Court finds that the third party claims should be referred to Magistrate Judge Robert A. McQuaid, Jr., for settlement. All deadlines will be stayed pending the settlement conference. (no image attached) (Copies have been distributed pursuant to the NEF - HJ)
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Filing 172
REPLY to Response to ECF No. #143 Motion to Amend, filed by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 168
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/23/2016. By Judicial Assistant: Kathy Ryd. The Court finds that this case should be referred to Magistrate Judge Robert A. McQuaid, Jr. for settlement. All deadlines will be stayed pending the settlement conference. (no image attached) (Copies have been distributed pursuant to the NEF - KER)
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Filing 167
MOTION to Dismiss On Demand Direct Response, LLC and On Demand Direct Response III, LLC's Claims against Defendant Shana Lee McCart-Pollak for Failure to Prosecute, filed by by Defendant Shana Lee McCart-Pollak. Responses due by 6/4/2016. (MMM)
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Filing 166
RESPONSE to #143 Motion to Amend/Correct,,, filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Opposition to Motion to Amend Third-Parrty Complaint Replies due by 5/26/2016. (Sherman, Shlomo)
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Filing 165
RESPONSE to #143 Motion to Amend/Correct,,, filed by ThirdParty Defendant Kevin Harrington. Replies due by 5/26/2016. (Feder, Michael)
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Filing 164
RESPONSE to #143 Motion to Amend/Correct,,, filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Opposition to Replies due by 5/23/2016. (Lori, Lisa)
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Filing 163
MOTION to Dismiss Shana Lee McCart-Pollak's Third-Party Complaint [Dkt #51] by ThirdParty Defendant Kevin Harrington. Responses due by 5/26/2016. (Feder, Michael)
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Filing 162
AMENDED MINUTES OF PROCEEDINGS - Hearing re motion for entry of clerks default #131 , motion to stay #141 , motion to strike #144 and motion to strike #146 held on 4/28/2016 before Magistrate Judge Cam Ferenbach. Court Reporter/FTR #: 11:03 - 11:31; Time of Hearing: 11:00 a.m.; Courtroom: 3D; Present are Michael Feder, Shlomo Sherman, Robert Stewart, appearing telephonically Lisa Lori and Shana Lee McCart-Pollak Pro Se. The court canvasses and hears representations from the parties. ORDERED that application for entry of clerks default #131 is GRANTED; RESPONSE #143 will be treated as a motion to amend and the clerk is directed to change the caption as to this motion; motion to stay #141 is DENIED and the court will sign the amended proposed discovery plan and scheduling order #135 ; Ms. McCart-Pollak will have until 5/31/16 to respond to the pending discovery that was served on her. The court will issue a separate report and recommendation as to On Demand Direct Response, LLC, see docket #161 . (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 161
REPORT AND RECOMMENDATION that plaintiffs' claims against defendant be dismissed with prejudice for failure to prosecute. Objections to R&R due by 5/15/2016. Signed by Magistrate Judge Cam Ferenbach on 4/28/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing 160
Clerk's ENTRY OF DEFAULT as to As Seen on TV, Inc. re #131 Motion for Entry of Clerks Default. (JC)
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Filing 159
MINUTES OF PROCEEDINGS - Hearing re motion for entry of clerks default #131 , motion to stay #141 , motion to strike #144 and motion to strike #146 held on 4/28/2016 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Court Reporter/FTR #: 11:03 - 11:31; Time of Hearing: 11:00 a.m.; Courtroom: 3D; Present are Michael Feder, Shlomo Sherman, Robert Stewart, appearing telephonically Lisa Lori and Shana Lee McCart-Pollak Pro Se. The court canvasses and hears representations from the parties. ORDERED that application for entry of clerks default #131 is GRANTED; motions to strike #144 & #146 are denied to the extent that these motions will be treated as motions to amend and the clerk is directed to change the caption as to these two motions; motion to stay #141 is DENIED and the court will sign the amended proposed discovery plan and scheduling order #135 ; Ms. McCart-Pollak will have until 5/31/16 to respond to the pending discovery that was served on her. The court will issue a separate report and recommendation as to On Demand Direct Response, LLC. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 158
REPLY to Response to #144 Motion to Strike filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Reply in Support of Motion to Strike Response to Reply to Opposition to Motion to Dismiss Third-Party Complaint; or, in the Alternative, Leave to Amend Third-Party Complaint (Sherman, Shlomo)
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Filing 157
ORDER granting Third-Party Defendant Kevin Harrington's ECF No. #127 Emergency Motion to Set Aside ECF No. #106 Clerk's Entry of Default. Signed by Magistrate Judge Cam Ferenbach on 4/27/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing 156
REPLY to Response to ECF No. #141 Motion to Stay, re ECF No. #145 , filed by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 155
REPLY to Response to ECF No. #141 Motion to Stay Discovery, re ECF No. #147 , filed by Defendant Shana Lee McCart-Pollak. (KR)
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Filing 154
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Cam Ferenbach, on 4/25/2016. By Deputy Clerk: J. Ries. ThirdParty defendants filed a motion for counsel to appear telephonically #150 , at the hearing set for 4/28/16, which the court granted, see order #151 . Counsel is directed to call 1-888-273-3658 at least 5 minutes prior to the hearing and when prompted enter access code 3912597. Counsel must utilize a land line and the use of speaker phone or cell phone is prohibited.. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 153
RESPONSE to #144 Motion to Strike, filed by ThirdParty Plaintiff Shana Lee McCart-Pollak. Replies due by 5/2/2016. (JC)
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Filing 152
RESPONSE to #146 Motion to Strike, filed by ThirdParty Plaintiff Shana Lee McCart-Pollak. Replies due by 5/2/2016. (JC)
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Filing 151
ORDER granting #150 Motion for Leave to Appear by Telephone. Signed by Magistrate Judge Cam Ferenbach on 4/22/2016. (Copies have been distributed pursuant to the NEF - KR)
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Filing 150
First MOTION for Leave to Appear appear by telephone. Attorney: Lisa A. Lori, Esq.. by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. (Lori, Lisa)
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Filing 149
ORDER re #144 Motion to Strike Response to Reply to Opposition to Motion Third Party Complaint and #146 Motion to Strike Third Party Plaintiff's Sur-Reply. Motions Hearing set for 4/28/2016 11:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Any Responses to #144 and #146 Motions due by 4/22/2016. Any Replies due by 4/25/2016. Signed by Magistrate Judge Cam Ferenbach on 4/19/2016. (Copies have been distributed pursuant to the NEF - SLD) Modified on 4/25/2016 DOUBLE ENTRY same as document #148 . (WJ).
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Filing 148
ORDER re motions #144 and #146 : Responses due by 4/22/2016. Replies due by 4/25/2016. Motion Hearing set for 4/28/2016 11:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 4/19/2016. (Copies have been distributed pursuant to the NEF - WJ) (WJ).
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Filing 147
MEMORANDUM filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International re #141 Motion to Stay. Memorandum of Points and Authorities in Opposition to Third Party Plaintiff's Motion to Stay Discovery (Lori, Lisa)
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Filing 146
MOTION to STRIKE 3rd party plaintiff's #143 sur-reply by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Responses due by 5/2/2016. (Lori, Lisa) Modified event per doc. 159 on 4/28/2016 (EDS). Modified on 4/29/2016 pursuant to amended minutes see (ECF # 162 ). (BLG).
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Filing 145
RESPONSE to #141 Motion to Stay, filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Replies due by 4/25/2016. (Sherman, Shlomo)
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Filing 144
MOTION to STRIKE response to reply to #111 motion to dismiss #51 Amend Third Party Complaint by Third Party Defendants Mark Meyers, Spiral Toys LLC. Responses due by 5/2/2016. (Sherman, Shlomo) Modified event per doc. 159 on 4/28/2016 (EDS). Modified on 4/29/2016 pursuant to amended minutes see (ECF # 162 ). (BLG).
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Filing 143
MOTION TO AMEND THIRD PARTY COMPLAINT RESPONSE to #136 Reply to #133 Opposition to #111 Motion to Dismiss, See Minutes (ECF #162]) filed by Defendant/ThirdParty Plaintiff Shana Lee McCart-Pollak. (Attachments: #1 Part 2)(DRM) Modified event on 4/29/2016 pursuant to Minutes of Hearing (ECF 162]). Note: Due dates calculated from 4/28/16. The date the hearing caused said filing to be treated as a motion. RESPONSE due 5/15/16; REPLY due 5/25/16. (BLG). Modified on 4/29/2016 NEF Regenerated. (BLG).
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Filing 142
ORDER Motion Hearing re #131 Application for Entry of Default and #141 Motion to Stay Discovery set for 4/28/2016 at 11:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Responses to #141 Motion to Stay Discovery due 4/18/2016. Reply due 4/25/2016. Signed by Magistrate Judge Cam Ferenbach on 4/11/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing 141
MOTION to Stay Discovery, by Defendant Shana Lee McCart-Pollak. (JC)
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Filing 140
REPLY to Response to #127 Motion to Set Aside filed by ThirdParty Defendant Kevin Harrington. (Feder, Michael)
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Filing 139
ORDER - Hearing re #135 Stipulated Amended Discovery Plan/Scheduling Order set for 4/28/2016 at 11:00 AM in LV Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 4/4/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 138
CERTIFICATE OF SERVICE for #137 Response to Motion, by ThirdParty Defendant Jay at Play International. (Lori, Lisa)
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Filing 137
REPLY to Response to #108 Motion to Dismiss, filed by ThirdParty Defendant Jay at Play International, Echo Factory, Hutton Miller, Digital Target Marketing. (Lori, Lisa) Modified on 4/1/2016 to correct event from Response to Reply and to add all defendants document was filed by (DKJ).
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Filing 136
REPLY to Response to #111 Motion to Dismiss filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Reply in Support of Motion to Dismiss Third-Party Complaint; or, in the Alternative, Motion for More Definite Statement (Sherman, Shlomo)
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Filing 135
AMENDED PROPOSED Discovery Plan/Scheduling Order; filed by ThirdParty Defendant Jay at Play International. (Lori, Lisa)
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Filing 134
RESPONSE to Kevin Harrington's #127 Motion to Set Aside Default, filed by Third Party-Plaintiff Shana Lee McCart-Pollak. Replies due by 4/7/2016. (DRM)
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Filing 133
RESPONSE to #111 Motion to Dismiss, filed by Shana Lee McCart-Pollak. Replies due by 3/31/2016. (DRM) Modified on 3/21/2016 to correct hyperlink (DRM).
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Filing 132
RESPONSE to #108 Motion to Dismiss, filed by Shana Lee McCart-Pollak. Replies due by 3/31/2016. (DRM) Modified on 3/21/2016 to correct hyperlink (DRM).
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Filing 131
MOTION - Application for Entry of Default Against Third-Party Defendant As Seen On TV, Inc., by Defendant/Third-Party Plaintiff Shana Lee McCart-Pollak. (DRM)
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Filing 130
LETTER from Dragon-i Toys Limited re #51 third party complaint and #53 summons (sent to incorrect address). (JC)
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Filing 129
ORDER ON STIPULATION Granting #126 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #111 Motion to Dismiss. Responses due by 3/21/2016. Signed by Judge Miranda M. Du on 3/10/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 128
CERTIFICATE OF SERVICE for #127 Motion to Set Aside, by ThirdParty Defendant Kevin Harrington. (Feder, Michael)
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Filing 127
Emergency MOTION to Set Aside #106 Clerk's Entry of Default; filed by ThirdParty Defendant Kevin Harrington. Responses due by 3/28/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Feder, Michael)
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Filing 126
STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #111 Motion to Dismiss ; by Defendant Shana Lee McCart-Pollak. (MMM)
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Filing 125
ORDER Granting #121 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael K. Coran and approving Designation of Local Counsel Jacob Reynolds for Digital Target Marketing, Echo Factory, Hutton Miller, and Jay at Play International. Signed by Judge Miranda M. Du on 3/9/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 124
ORDER Granting #120 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lisa A. Lori and approving Designation of Local Counsel Jacob A. Reynolds for Digital Target Marketing, Echo Factory, Hutton Miller, and Jay at Play International. Signed by Judge Miranda M. Du on 3/9/16. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 123
ORDER ON STIPULATION Granting #119 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #108 Motion to Dismiss. Responses due by 3/21/2016. Signed by Judge Miranda M. Du on 3/9/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 122
SUMMONS Returned Executed by Shana Lee McCart-Pollak. As Seen on TV, Inc. served on 2/24/2016, answer due 3/16/2016. (MMM)
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Filing 121
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael K. Coran and DESIGNATION of Local Counsel Jacob Reynolds (Filing fee $ 250 receipt number 0978-4027224) filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International . (Reynolds, Jacob)
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Filing 120
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lisa A. Lori and DESIGNATION of Local Counsel Jacob Reynolds (Filing fee $ 250 receipt number 0978-4027203) filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International . (Reynolds, Jacob)
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Filing 118
NOTICE: Attorney Action Required to #117 Verified Petition, #116 Verified Petition, ERROR: Neither attorney provided an answer to question number 5 on their respective petitions. Attorneys Lisa Lori and Michael Coran are advised to answer question 5 on each petition and file Notices of Corrected Image/Document event under the Notices category and link to each corrected image to the original petition. (no image attached)(PAV)
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Filing 119
STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #108 Motion to Dismiss; by Defendant Shana Lee McCart-Pollak. (MMM)
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Filing 117
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael K. Coran and DESIGNATION of Local Counsel Jacob Reynolds (Filing fee $ 250 receipt number 0978-4024149) filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International . (Reynolds, Jacob)
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Filing 116
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lisa A. Lori and DESIGNATION of Local Counsel Jacob Reynolds (Filing fee $ 250 receipt number 0978-4024144) filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International . (Reynolds, Jacob)
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Filing 115
CERTIFICATE of Interested Parties filed by Shana Lee McCart-Pollak. There are no known interested parties other than those participating in the case. (MMM)
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Filing 114
CERTIFICATE of Interested Parties filed by Jay at Play International that identifies all parties that have an interest in the outcome of this case. (Reynolds, Jacob)
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Filing 113
MINUTES OF PROCEEDINGS - Hearing re stipulation #100 held on 2/24/2016 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Def Counsel: Shlomo Sherman and Robert Stewart; Court Reporter/FTR #: 3:08 - 3:23; Time of Hearing: 3:00 p.m.; Courtroom: 3D; Also present is Shana Lee McCart-Pollak, defendant/third party plaintiff. The court canvasses and hears representations from the parties. ORDERED that the stipulation #100 is GRANTED and Mark Meyers and Spiral Toys, LLC have until 2/25/16 to answer/respond to third party complaint. FURTHER ORDERED that the parties either file a separate proposed discovery plan and scheduling order in regards to the third party complaint or an amended proposed discovery plan and scheduling order that incorporates the underlying complaint and counter claims by 3/31/16. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 112
DECLARATION of Mark D. Meyers re #111 MOTION to Dismiss re: #51 THIRD PARTY COMPLAINT or Alternatively, MOTION for More Definite Statement; filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sherman, Shlomo)
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Filing 111
MOTION to Dismiss re: #51 THIRD PARTY COMPLAINT or Alternatively, MOTION for More Definite Statement; filed by Third Party Defendants Mark Meyers, Spiral Toys LLC. Responses due by 3/12/2016. (Sherman, Shlomo)
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Filing 110
NOTICE of Appearance by attorney Shlomo S. Sherman on behalf of Third Party Defendants Mark Meyers, Spiral Toys LLC. (Sherman, Shlomo)
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Filing 109
ERRATA to #108 Motion to Dismiss; filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. (Reynolds, Jacob)
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Filing 108
MOTION to Dismiss re: #51 THIRD PARTY COMPLAINT; filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Responses due by 3/6/2016. Certificate of Interested Parties due by 2/28/2016. Discovery Plan/Scheduling Order due by 4/3/2016. (Attachments: #1 Errata A & B)(Reynolds, Jacob)
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Filing 107
Clerk's ENTRY OF DEFAULT as to Dragon-I Toys Ltd. re #104 Motion for Entry of Clerks Default. (MMM)
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Filing 106
Clerk's ENTRY OF DEFAULT as to Kevin Harrington re #103 Motion for Entry of Clerks Default. (MMM)
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Filing 105
Mail Returned as Undeliverable re #101 Order, addressed to Mark Meyers / Spiral Toys LLC. Corrected typo and remailed. (MMM)
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Filing 104
MOTION for Entry of Clerks Default against Third-Party Defendant Dragon-I Toys Ltd, filed by Defendant Shana Lee McCart-Pollak. (MMM)
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Filing 103
MOTION for Entry of Clerks Default Against Third-Party Defendant Kevin Harrington; filed by Defendant Shana Lee McCart-Pollak. (MMM) Modified on 2/17/2016 to reflect correct date filed (MMM).
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Filing 102
ORDER that #89 Motion for Extension of Time to Serve Third-Party Defendant As Seen on TV, Inc. is GRANTED in part and DENIED. The extension is limited to 60 days or April 12, 2016 to perfect service of process. FURTHER ORDERED that #98 Motion for Extension of Time to Respond to Third-Party Complaint is GRANTED. Digital Target Marketing answer due 2/18/2016; Echo Factory answer due 2/18/2016; Hutton Miller answer due 2/18/2016; Jay at Play International answer due 2/18/2016. Signed by Magistrate Judge Cam Ferenbach on 2/12/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 101
ORDER that a Hearing re #100 Stipulation to Extend Time to Respond to the Complaint as to Mark Meyers and Spiral Toys, LLC is scheduled for 2/24/2016 at 03:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/9/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 100
STIPULATION FOR EXTENSION OF TIME (First Request) to Answer/Respond re #51 Third Party Complaint; by Third Party Defendants Mark Meyers, Spiral Toys LLC. (MMM)
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Filing 99
ORDER that #81 and #84 Motions to Withdraw as Counsel for Plaintiffs are GRANTED. FURTHER ORDERED that Plaintiffs On Demand Direct Response, LLC and On Demand Direct Response III, LLC must retain counsel by March 7, 2016. The Clerk of Court is directed to serve a copy of this Order to Plaintiffs. Signed by Magistrate Judge Cam Ferenbach on 2/5/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 98
FIRST MOTION for Extension of Time re #51 Third Party Complaint, filed by Third Party Defendants Digital Target Marketing, Echo Factory, Hutton Miller, Jay at Play International. Responses due by 2/15/2016. (Attachments: #1 Declaration)(Reynolds, Jacob)
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Filing 97
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Echo Factory served on 1/11/2016, answer due 2/1/2016. (MMM)
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Filing 96
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Hutton Miller served on 1/8/2016, answer due 1/29/2016. (MMM)
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Filing 95
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Digital Target Marketing served on 1/8/2016, answer due 1/29/2016. (MMM)
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Filing 94
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Jay at Play International served on 1/19/2016, answer due 2/9/2016. (MMM)
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Filing 93
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Dragon-I Toys Ltd. served on 1/19/2016, answer due 2/9/2016. (MMM)
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Filing 92
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Mark Meyers served on 1/20/2016, answer due 2/10/2016. (MMM)
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Filing 91
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Spiral Toys LLC served on 1/20/2016, answer due 2/10/2016. (MMM)
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Filing 90
SUMMONS Returned Executed by Shana Lee McCart-Pollak. Kevin Harrington served on 1/14/2016, answer due 2/4/2016. (MMM)
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Filing 89
MOTION to Extend Time to Serve Third Party Defendants (First Request) by ThirdParty Plaintiff Shana Lee McCart-Pollak. (MMM)
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Filing 88
SCHEDULING ORDER Granting #87 Proposed Discovery Plan/Scheduling Order. Discovery due by 7/13/2016. Motions due by 8/12/2016. Proposed Joint Pretrial Order due by 9/12/2016. Signed by Magistrate Judge Cam Ferenbach on 01/19/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing 87
PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC . (Boschee, Brian)
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Filing 86
DECLARATION of Jeffrey A. Miller re #85 Declaration, #84 Motion to Withdraw as Attorney ; by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 85
DECLARATION of Thomas J. Mango re #84 Motion to Withdraw as Attorney ; by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 84
MOTION to Withdraw as Attorney by Cantor Colburn, LLP by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 83
DECLARATION of Jeffrey A. Miller re #81 Motion to Withdraw as Attorney, #82 Declaration ; of Brian W. Boschee by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 82
DECLARATION of Brian W. Boschee re #81 Motion to Withdraw as Attorney ; by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 81
MOTION to Withdraw as Attorney by Holley Driggs Walch Fine Wray Puzey & Thomspon by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boschee, Brian)
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Filing 80
ORDER re #79 Joint Interim Status Report. ORDERED that the Discovery Plan and Scheduling Order must be filed on or before January 15, 2016. Signed by Magistrate Judge Cam Ferenbach on 12/14/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 79
FIRST STATUS REPORT; filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Mango, Thomas)
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Filing 78
TRANSCRIPT of Proceedings, ECF No. 73 Order on Motion for Order to Show Cause, Preliminary/Permanent Injunction Hearing, held on October 14, 2015, before Judge Miranda M. Du. Court Reporter: Kathy Eismann, 702-431-1919. Upon obtaining a court order, the transcript may be purchased through the Court Reporter using the court's "Transcript Order" form available on our website #www.nvd.uscourts.gov Redaction Request due 11/30/2015. Redacted Transcript Deadline set for 12/10/2015. (KE) Modified on 2/7/2017 to unseal per ECF No. #236 Order (KW).
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Filing 77
TRANSCRIPT of Proceedings, 73 Order on Motion for Order to Show Cause, #10 ,,,,,,,,, Preliminary/Permanent Injunction Hearing,,,,,,,,, held on October 14, 2015, before Judge Miranda M. Du. Court Reporter: Kathy Eismann, 702-431-1919. Transcript may be viewed at the court public terminal or purchased through the Court Reporter using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (KE)
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Filing 76
ANSWER to #51 Answer to Complaint,, Third Party Complaint,, Counterclaim, filed by On Demand Direct Response III, LLC, On Demand Direct Response, LLC.(Ryan, Andrew)
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Filing 75
CERTIFICATE OF SERVICE for 73 Order on Motion for Order to Show Cause, Preliminary/Permanent Injunction Hearing, #74 Exhibit List by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation Receipt)(Boyle, James)
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Filing 74
EXHIBIT LIST from the 10/14/2015 hearing before Judge Miranda M. Du.(PAV)
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Filing 73
MINUTES OF PROCEEDINGS - Preliminary/Permanent Injunction Hearing held on 10/14/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: James Boyle, Thomas Mango, Andrew Ryan; Def Counsel: Shana McCart-Pollak in proper person; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 1:45 PM-4:26 PM; 4:57 PM - 5:17 PM; Courtroom: 4A; Mr. Mango asks the Court to allow Plaintiffs to call one witness. Ms. McCart-Pollak objects and states the reasons why. The Court will allow testimony limited to the subject matter of the motion. Mark Donald Meyers is sworn to testify. Mr. Ryan examines the witness. Plaintiffs exhibits 1, 2, 3 are marked and admitted. Mr. Ryan will refer to the document number of any sealed exhibit instead of marking those sealed exhibits. Ms. McCart-Pollak, the Court and Mr. Ryan examine the witness. The witness is excused. Mr. Mango and Ms. McCart-Pollak present argument. Proceedings recess: 4:26 PM to 4:57 PM. The Court makes findings for the record and extends the Injunction to the end of January 2016 for the reasons given in open court. Plaintiffs may ask the Court to extend the injunction beyond January 2016 if they can show good cause to do so. To give the parties time to adequately brief any renewed motion, the Court will extend the injunction to March 4, 2016. It is ordered that the motion for preliminary injunction is granted in part as follows: 1) the injunction will remain in place until March 4, 2016, at which time the injunction will automatically expire; 2) Defendant is to remove, delete or block all information relating to Cloud Pets, her references to stolen idea(s) and criminal activity and gofundme site; 3) Counsel and Defendant are to confer to come up with a way to ensure that negative materials that allege false statements are not available for those to search on the Internet. If no agreement can be reached on the methods to be used to delete or restrict access to Defendants websites and postings at issue, then the Court will refer the matter to Magistrate Judge Ferenbach for resolution. Any motion to extend the Preliminary Injunction order must be filed well in advance of March 4, 2016 so that the motion can be fully briefed and submitted prior to March 4, 2016. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 72
CERTIFICATE OF SERVICE for #71 Order on Verified Petition for Permission to Practice Pro Hac Vice,, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation Receipt)(Boyle, James)
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Filing 70
CERTIFICATE OF SERVICE for #69 Order on Motion to Seal by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation Receipt)(Boyle, James)
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Filing 71
ORDER approving #63 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Andrew C. Ryan for On Demand Direct Response and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 10/13/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - JC)
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Filing 69
ORDER granting #44 Motion to Seal : Exhibits C and D at Dkt No. #44 are hereby sealed and shall remain sealed. Signed by Judge Miranda M. Du on 10/13/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 68
CERTIFICATE OF SERVICE for 67 Minute Order,, Set/Reset Hearings, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation Receipt)(Boyle, James)
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Filing 67
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/13/2015. By Deputy Clerk: Peggie Vannozzi. The Hearing set for 10/14/2015 at 1:30 PM is advanced, as to time only, to 1:00 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 66
CERTIFICATE OF SERVICE for 65 Minute Order, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Errata B, Confirmation Receipt)(Boyle, James)
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Filing 65
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/13/2015. By Deputy Clerk: Peggie Vannozzi. With the filing of Plaintiff's Withdrawal of its Emergency Motion to Continue Hearing (dkt. no. #61 ), it is ordered that Plaintiff's Emergency Motion to Motion to Continue Hearing (dkt. no. #59 ) is deemed withdrawn. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 64
CERTIFICATE OF SERVICE for #63 Verified Petition for Permission to Practice Pro Hac Vice, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation of Receipt of Email)(Boyle, James)
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Filing 63
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Andrew C. Ryan and DESIGNATION of Local Counsel Brian W. Boschee (Filing fee $ 250 receipt number 0978-3850185) by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 62
CERTIFICATE OF SERVICE for #61 Withdrawal of Motion, #59 Motion to Continue District Judge Hearing, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email)(Boyle, James)
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Filing 61
WITHDRAWAL of Motion re #59 Motion to Continue District Judge Hearing, ; by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC (Boschee, Brian)
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Filing 60
CERTIFICATE OF SERVICE for #59 Motion to Continue District Judge Hearing, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Receipt Confirmation)(Boyle, James)
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Filing 59
Emergency MOTION to Continue District Judge Hearing re Preliminary Injunction and to extend Order Regarding Temporary Restraining Order by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Declaration, #2 Exhibit B, Affidavit, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit C, Proposed Order)(Boyle, James)
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Filing 58
NOTICE of Location of Hearing: The Motion Hearing set for 10/14/2015 at 1:30 PM in will be heard in LV Courtroom 4A before Judge Miranda M. Du. (no image attached)(PAV)
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Filing 57
CERTIFICATE OF SERVICE for #56 Order on Verified Petition for Permission to Practice Pro Hac Vice,, by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Email Receipt)(Boyle, James)
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Filing 56
ORDER Granting #54 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Nicholas A. Geiger and approving Designation of Local Counsel Brian W. Boschee for On Demand Direct Response III, LLC, and On Demand Direct Response, LLC. Signed by Judge Miranda M. Du on 10/1/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 55
CERTIFICATE OF SERVICE for #54 Verified Petition, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Receipt)(Boyle, James)
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Filing 54
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nicholas A. Geiger and DESIGNATION of Local Counsel Brian W. Boschee (Filing fee $ 250.00) filed by Counter Defendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC, Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (MMM)
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Filing 53
Summons Issued as to ThirdParty Defendants As Seen on TV, Inc., Digital Target Marketing, Dragon-I Toys Ltd., Echo Factory, Kevin Harrington, Hutton Miller, Jay at Play International, Mark Meyers, Spiral Toys LLC. (MMM)
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Filing 52
Summons Issued as to CounterDefendants On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (MMM)
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Filing 51
ANSWER to #1 Complaint, with Jury Demand ( Certificate of Interested Parties due by 10/10/2015., Discovery Plan/Scheduling Order due by 11/14/2015.), THIRD PARTY COMPLAINT against Echo Factory, Hutton Miller, As Seen on TV, Inc., Digital Target Marketing, Jay at Play International, Spiral Toys LLC, Dragon-I Toys Ltd., Kevin Harrington, Mark Meyers, COUNTERCLAIM against On Demand Direct Response III, LLC, On Demand Direct Response, LLC filed by Shana Lee McCart-Pollak.(MMM)
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Filing 50
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/30/2015. By Deputy Clerk: Peggie Vannozzi. If counsel for Plaintiff and the Defendant deem it necessary to present witnesses at the October 14, 2015 hearing on Plaintiff's Motion for Preliminary Injunction, then the Court will permit them to do so. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 49
CERTIFICATE OF SERVICE for #48 Notice (Other), #46 Errata by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Receipt Notification)(Boyle, James)
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Filing 48
NOTICE of Manual Filing of Color Exhibits A and B to Supplemental Declaration of Mark D. Meyers by On Demand Direct Response III, LLC, On Demand Direct Response, LLC re #43 Reply to Response to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boyle, James)
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Filing 47
CERTIFICATE OF SERVICE for #45 Notice (Other), #43 Reply to Response to Motion by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A)(Boyle, James)
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Filing 46
ERRATA to #43 Reply to Response to Motion ; filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit 4)(Boyle, James)
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Filing 45
NOTICE [Plaintiffs' Notice of Filing Motion for Leave to File Exhibits C & D to the Supplemental Declaration of Mark D. Myers Under Seal] by On Demand Direct Response III, LLC, On Demand Direct Response, LLC re #43 Reply to Response to Motion. (Boschee, Brian)
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Filing 44
MOTION to Seal #43 Reply to Response to Motion [Exhibits C & D to Supplemental Declaration of Mark D. Meyers] by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Proposed Order)(Boschee, Brian) Modified on 2/7/2017 to unseal per ECF No. #236 Order (KW).
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Filing 43
REPLY to Response to #10 Motion for Order to Show Cause,,, filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boschee, Brian)
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Filing 42
CERTIFICATE OF SERVICE for #41 Order on Stipulation, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Receipt of Email)(Boyle, James)
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Filing 41
ORDER ON STIPULATION Granting #40 STIPULATION FOR EXTENSION OF TIME (First Request) to Reply re #10 Motion for Order to Show Cause. Replies due by 9/23/2015. Signed by Judge Miranda M. Du on 9/17/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 40
STIPULATION FOR EXTENSION OF TIME (First Request) re #10 Motion for Order to Show Cause, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 39
CERTIFICATE OF SERVICE for #38 Order on Stipulation,, Set/Reset Deadlines, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Acknowledgement of Receipt)(Boyle, James)
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Filing 38
ORDER ON STIPULATION Granting #36 AMENDED STIPULATION FOR EXTENSION OF TIME (First Request) to Answer/Respond re #1 COMPLAINT. Shana Lee McCart-Pollak answer due 9/30/2015. Signed by Judge Miranda M. Du on 9/14/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 37
RESPONSE to #10 Motion for Order to Show Cause, filed by Defendant Shana Lee McCart-Pollak. Replies due by 9/21/2015. (Attachments: #1 Exhibits)(MMM)
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Filing 36
AMENDED STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 35
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/10/2015. By Deputy Clerk: Peggie Vannozzi. LR 6-1(b) states: "Every motion or stipulation to extend shall inform the Court of any previous extensions granted and state the reasons for the extension requested." Counsel are directed to file an amended stipulation that complies with the rule. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 34
STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 33
CERTIFICATE OF SERVICE for #32 Order on Verified Petition for Permission to Practice Pro Hac Vice,, #30 Order on Verified Petition for Permission to Practice Pro Hac Vice,, #31 Order on Verified Petition for Permission to Practice Pro Hac Vice,, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Email Transmittal, #2 Exhibit B, Confirmation of Receipt)(Boyle, James)
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Filing 32
ORDER Granting #28 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Tasia E. Hansen and approving Designation of Local Counsel Brian W. Boschee and James D. Boyle for On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Signed by Judge Miranda M. Du on 8/31/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 31
ORDER Granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Thomas J. Mango and approving Designation of Local Counsel Brian W. Boschee and James D. Boyle for On Demand Direct Response III, LLC, On Demand Direct Response, LLC.. Signed by Judge Miranda M. Du on 8/31/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 30
ORDER Granting #26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael J. Rye and approving Designation of Local Counsel Brian W. Boschee and James D. Boyle for On Demand Direct Response III, LLC, On Demand Direct Response, LLC.. Signed by Judge Miranda M. Du on 8/31/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 29
CERTIFICATE OF SERVICE for #26 Verified Petition for Permission to Practice Pro Hac Vice, #28 Verified Petition for Permission to Practice Pro Hac Vice, #27 Verified Petition for Permission to Practice Pro Hac Vice, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit A, Transmittal Email, #2 Exhibit B, Confirmation of Receipt)(Boyle, James)
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Filing 28
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Tasia E. Hansen and DESIGNATION of Local Counsel Brian W. Boschee (Filing fee $ 250 receipt number 0978-3797837) by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 27
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Thomas J. Mango and DESIGNATION of Local Counsel Brian W. Boschee (Filing fee $ 250 receipt number 0978-3797824) by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 26
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael J. Rye and DESIGNATION of Local Counsel Brian W. Boschee (Filing fee $ 250 receipt number 0978-3797774) by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 25
CERTIFICATE OF SERVICE for #24 Order on Ex Parte Motion,,,, by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Boyle, James)
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Filing 24
ORDER Until the hearing on Plaintiffs Motion for a Preliminary Injunction, Defendant Shana Lee McCart-Pollak d/b/a LOL Buddies and the eight affiliates who are acting under her direction and who are identified in Plaintiffs Motion are restrained and enjoined from making any social media posts stating or suggesting that Spiral Toys Inc., On Demand, Jay Franco & Sons, Inc. d/b/a Jay at Play, and/or Kevin Harrington stole Defendants Lots of Love Buddies idea, or that the idea for U.S. Trademark Registration No. 4749266, or the product known as Cloud Pets and formerly known as the Telegram Teddy and the Toy-Fi Teddy was stolen from Defendant. It is further ordered that the temporary restraining order against Defendant Shana Lee McCart-Pollak d/b/a LOL Buddies becomes effective on the date this Order is issued. Defendant shall be given until Monday, August 31, 2015, to inform her affiliates about this Order. It is further ordered that Plaintiffs shall serve Defendant electronically with a copy of this Order and shall file a notice of service with the Court. Plaintiffs must serve Defendant by August 28, 2015. Signed by Judge Miranda M. Du on 08/28/2015. (Copies have been distributed pursuant to the NEF - KER)
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Filing 23
MINUTES OF PROCEEDINGS - Motion Hearing held on 8/28/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: James Boyle, Michael Rye and Thomas Mango; Def Counsel: Shana Lee McCart-Pollak, in proper person; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:30 AM - 10:01 AM; Courtroom: 5; Also present on the conference call: Jeff Miller, Plaintiff's representative. Mr. Boyle advises the Court that the pro hac vice applications for Mr. Rye, Mr. Mango and Mr. Geiger will be on file today. He asks that Mr. Rye be allowed to present argument today. The Court grants that request. The Court asks Ms. McCart-Pollak if she will be retaining an attorney. The Court directs Defendant to become familiar with the rules of the Court so that she can continue to represent herself if she does not retain an attorney. Mr. Rye and Ms. McCart-Pollak present arguments to the Court. Mr. Miller asks that he be allowed to be heard and the Court allows him to speak and answer the Court's questions. The Court makes findings for the record that Plaintiffs have satisfied their burden. The Court will issue a written decision today which will enjoin Defendant and the people identified by Plaintiffs in the motion from posting commentary on social media sites and websites on the Internet concerning any of the issues raised in the complaint and motions filed in this case. The temporary restraining order will apply until a full hearing can be held on this case. The following briefing schedule is established as to Plaintiff's Motion for Order to Show Cause (dkt. no. #10 ): Defendant has 17 days from yesterday to file her response and Plaintiffs have 13 days from the date of the response to file the reply. A hearing on the Motion for Preliminary Injunction (contained in dkt. no. #10 ) is set for October 14, 2015 at 1:30 PM in a Las Vegas courtroom to be determined. Ms. McCart-Pollak asks the Court for additional time to notify the 8 people listed in the Plaintiff's motion of the Court's decision. The Order will apply to Ms. McCart-Pollak as soon as it is issued, but she will have until Monday, 8/31/2015 to notify the 8 people listed on the Plaintiff's Motion. Mr. Rye asks the Court to order Defendant to remove certain types of postings from her website. The Court will address the issue in the written order. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 22
Reply Memorandum re #9 Ex Parte Motion, #18 Response to Motion ; filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 21
SUMMONS Returned Executed by On Demand Direct Response, LLC, On Demand Direct Response III, LLC re #20 Summons Issued, #1 Complaint,. Shana Lee McCart-Pollak served on 8/26/2015, answer due 9/16/2015. (Boyle, James)
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Filing 20
Summons Re-Issued as to Shana Lee McCart-Pollak. (MMM)
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Filing 19
PROPOSED SUMMONS to be issued as to Defendant Shana Lee McCart-Pollak d/b/a LOL Buddies Enterprises, filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Boyle, James)
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Filing 18
RESPONSE to #10 Motion for Order to Show Cause, filed by Defendant Shana Lee McCart-Pollak. Replies due by 9/5/2015. (DC)
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Filing 17
NOTICE Certificate of Service by Electronic Means by On Demand Direct Response III, LLC, On Demand Direct Response, LLC re 16 Minute Order Setting Hearing,,. (Attachments: #1 Exhibit Electronic Mail Service Notification)(Boyle, James)
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Filing 16
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/24/2015. By Deputy Clerk: Peggie Vannozzi. A telephonic hearing on the Motion for Temporary Restraining Order (dkt. no. #9 ) is set for 8/28/2015 at 8:30 AM in Reno Courtroom 5 before Judge Miranda M. Du. Plaintiffs are to serve a copy of this minute order on defendant by the end of today (8/24/2015) and file notice of service. The parties are to call the Court's AT&T conference line, 1-888-251-2909, and enter code 3803398 and password 123456. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 15
CERTIFICATE of Electronic Service re: 14 MINUTE ORDER; filed by On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Exhibit Electronic Mail Service Notification)(Boyle, James)
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Filing 14
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/21/2015. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that Plaintiffs' Emergency Motion for Leave to Serve Pleadings Electronically (dkt. no. #13 ) is granted. Plaintiffs are further directed to file proof of service upon Defendant by electronic means, and proof of personal service upon successful completion of personal service. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 13
Emergency MOTION Service of Process by Electronic Means re #12 Order on Ex Parte Motion, filed by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. Responses due by 9/7/2015. (Attachments: #1 Affidavit)(Boyle, James)
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Filing 12
ORDER Signed by Judge Miranda M. Du on 8/20/2015. The Court denies Plaintiffs request that the Court consider their Application ex parte without notice to Defendant, and will establish the following shortened briefing schedule. Plaintiffs are directed to serve Defendant with the Application (dkt. no. #9 ) on or before August 21, 2015. Defendant must file any response by noon on August 26, 2015. Plaintiff must file any reply by 3:00 PM on August 27, 2015. The Court will issue a separate Minute Order setting a hearing on August 28, 2015. (Copies have been distributed pursuant to the NEF - KER)
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Filing 11
NOTICE of Manual Filing by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC re #9 Ex Parte Motion,,, #10 Motion for Order to Show Cause,,,. Color Exceprts and Exhibits manually filed with the Clerk's Office. (Boyle, James)
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Filing 10
MOTION for Order to Show Cause Re: Preliminary Injunction by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Declaration Declaration of Mark D. Meyers, #2 Declaration Declaration of Andrew E. Farrar, #3 Declaration Declaration of Jeffrey A. Miller, #4 Declaration Declaration of Kevin Harrington, #5 Proposed Order [Proposed] Order Granting Ex Parte Application for Temporary Restraining Order, #6 Proposed Order [Proposed] Order to Show Cause Why a Preliminary Injunction Should Not Issue, #7 Declaration Certification of James D. Boyle, Esq. in Support of Plaintiffs for Entry of Temporary Restraining Order and Motion for Order to Show Cause re: Preliminary Injunction)(Boyle, James)
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Filing 9
EX PARTE MOTION of Plaintiffs for Entry of Temporary Restraining Order and Motion for Order to Show Cause re: Preliminary Injunction by Plaintiffs On Demand Direct Response III, LLC, On Demand Direct Response, LLC. (Attachments: #1 Declaration Declaration of Mark D. Meyers, #2 Declaration Declaration of Andrew E. Farrar, #3 Declaration Declaration of Jeffrey A. Miller, #4 Declaration Declaration of Kevin Harrington, #5 Proposed Order [Proposed] Order Granting Ex Parte Application for Temporary Restraining Order, #6 Proposed Order [Proposed] Order to Show Cause Why a Preliminary Injunction Should Not Issue, #7 Declaration Certification of James D. Boyle, Esq. in Support of Ex Parte Application of Plaintiffs for Entry of Temporary Restraining Order and Motion for Order to Show Cause re: Preliminary Injunction)(Boyle, James) Modified on 8/28/2015 to strike ex parte nature of the motion. See #12 (PAV). Modified on 8/28/2015 (PAV). Modified on 8/28/2015 (PAV).
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Filing 8
MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/18/2015. By Deputy Clerk: Peggie Vannozzi. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 7
CERTIFICATE of Interested Parties filed by On Demand Direct Response III, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Jay Franco & Sons, Inc. d/b/a Jay At Play, Other Affiliate Spiral Toys, Inc., Other Affiliate Dragon-I Toys, Ltd. for On Demand Direct Response III, LLC added. . (Boyle, James)
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Filing 6
CERTIFICATE of Interested Parties filed by On Demand Direct Response, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Spiral Toys Inc., Other Affiliate Dragon-I Toys Ltd., Other Affiliate Jay Franco & Sons, Inc. d/b/a Jay At Play for On Demand Direct Response, LLC added. . (Boyle, James)
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Filing 5
Summons Issued as to Shana Lee McCart-Pollak. (MMM)
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Filing 4
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 complaint) (MMM)
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Filing 3
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Michael J. Rye, Thomas J. Mango, Nicholas A. Geiger, and Tasia E. Hansen to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 10/1/2015. (no image attached) (MMM)
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Filing 2
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MMM)
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Filing 1
COMPLAINT against D/B/A LOL Buddies Enterprises, Shana Lee McCart-Pollak (Filing fee $400 receipt number 0978-3780787), filed by On Demand Direct Response, LLC, On Demand Direct Response III, LLC. Certificate of Interested Parties due by 8/27/2015. Proof of service due by 12/15/2015. (Attachments: #1 Exhibit Exhibits A thru F to Complaint, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summons Summons) (Boyle, James)
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Case assigned to Judge Miranda M. Du and Magistrate Judge Cam Ferenbach. (MMM)
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