Vargas et al v. Pfizer Inc. et al
Plaintiffs Ralph Vargas and Bland-Rickey Roberts d/b/a JBR Music Group alleged that Defendants Pfizer Inc., Publicis Inc., Fluid Music, East West Communications Inc. and Brian Transeau infringed on Plaintiffs' copyright to "Bust Dat Groove Without Ride." Defendants allegedly used key musical themes and/or jingles from the composition to promote the sales of Celebrex and misattributed the work to Defendant Transeau. http://cyberlaw.stanford.edu/case/vargas-v-bt
| Ralph Vargas and Bland Ricky Roberts |
| Brian Transeau and East West Communications, Inc. |
| Fluid Music East West Communications, Inc. |
| East West Communications, Inc. and Brian Transeau |
| 1:2004cv09772 |
| December 13, 2004 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H. Pauley |
| Copyright |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Transmission of USCA Mandate/Order to the District Judge re: 201 USCA Mandate. (tp) |
| Filing 201 MANDATE of USCA (Certified Copy) as to 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts USCA Case Number 07-4085-cv. It is hereby Ordered, Adjudged and Decreed that the judgments of the District Court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/30/2009. (tp) |
| Appeal Remark as to 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts. Original, incorrectly docketed 195 Mandate pulled from file and entered in correct case numbered (04cv9772). (tp) |
| Filing 200 JUDGMENT # 08,1647 on Attorney Fees. Fees in favor of East West Communications, Inc.,and Brian Transeau against Bland Ricky Roberts,and Ralph Vargas in the amount of $ 175,000. (Signed by Judge William H. Pauley, III on 9/18/08) (Attachments: # 1 notice of right to appeal)(ml) |
| Third Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 197 USCA Order Non-Dismissal, 184 Supplemental ROA Sent to USCA - File, 190 Certificate of Service Other, filed by Ralph Vargas, 187 Memorandum of Law in Support of Motion filed by East West Communications, Inc., 189 Certificate of Service Other filed by Brian Transeau, 188 Declaration in Support of Motion filed by East West Communications, Inc., 195 USCA Mandate, 199 Memorandum & Opinion, 185 Order on Motion to Stay,, 196 Endorsed Letter, 186 Order, USCA Case Number 07-4085-cv, were transmitted to the U.S. Court of Appeals. (tp) |
Filing 199
MEMORANDUM AND ORDER For the reasons set forth in this order, defendants motion for costs and fees is granted in the amount of $175,000. The clerk if court is directed to mark this case closed. (Signed by Judge William H. Pauley, III on 8/6/08) Copies Mailed By Chambers.(mme)
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Filing 197
ORDER of USCA (Certified Copy) as to 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts USCA Case Number 07-4085-cv. Treating Appellant's opposition as a motion for reconsideration, the Motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 05/01/08. (dt)
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| Filing 196 ENDORSED LETTER addressed to Judge William H. Pauley III from Julie Ahrens dated 12/19/2007 re: counsel writes to request that Defendant Brian Transeau's Memorandum in further support of defendants motion for attorney's fees and costs and the supporting Declaration of Julie A. Ahrens and exhibits be filed under seal. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 4/24/2008) (jp) |
| Filing 195 FILING ERROR - ENTRY MADE IN WRONG CASE (MANDATE ISSUED TO WRONG DISTRICT COURT CASE BY USCA) - MANDATE of USCA (Certified Copy) as to 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts USCA Case Number 07-5385-pr. It is Ordered that the appeal from the order of 11/5/07 USDC-SDNY be, and it hereby is DISMISSED. Any motions pending prior to the entry of this Order of dismissal are deemed MOOT. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 4/18/08. (tp) (tp). Modified on 9/24/2008 (tp). |
| Transmission of USCA Mandate/Order to the District Judge re: 195 USCA Mandate,. (tp) |
| Filing 192 TRANSCRIPT of proceedings held on 12/3/07 before Judge William H. Pauley, III. (ja) |
| Filing 191 TRANSCRIPT of proceedings held on December 3, 2007 before Judge William H. Pauley, III. (djc) |
| Filing 190 CERTIFICATE OF SERVICE of Plaintiffs' supplemental memorandum in further opposition to defendants' motion for attorneys' fees with attached declaration and exhibits served on attorneys for Brian Transeau and East West Communications on January 3, 2008. Service was made by Federal Express and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 189 CERTIFICATE OF SERVICE of Memorandum of Law in Further Support of Motion for Attorneys' Fees and Costs and Declaration of Julie A. Ahrens served on All Parties on December 19, 2007. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 188 DECLARATION of ERIC M. STAHL in Support re: 143 MOTION for Attorney Fees.. Document filed by East West Communications, Inc.. (Stahl, Eric) |
| Filing 187 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 143 MOTION for Attorney Fees.. Document filed by East West Communications, Inc.. (Stahl, Eric) |
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Filing 186
ORDER counsel for the parties having appeared for a telephone conference on December 3, 2007, Plaintiffs are directed to produce the information regarding their income and assets-including any assets held jointly with a spouse or any other person-described in Defendants' document requests dated November 7, 2007 by close of business on December 4, 2007. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/3/2007) (jmi)
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Filing 185
ORDER: (1) Defendants shall serve document requests by November 7, 2007; (2) Plaintiffs shall respond to Defendants' document requests by November 21, 2007; (3) Depositions of the Plaintiffs shall be completed by December 5, 2007 and shall not exceed two hours each; (4) Defendants shall serve and file any supplemental briefing concerning their applications for costs by December 19, 2007; (5) Plaintiffs shall serve and file any opposition by January 2, 2008. So Ordered. (Signed by Judge William H. Pauley III on 11/1/07) (js)
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| Filing 184 Second Supplemental ROA Sent to USCA (File). Supplemental Indexed record on Appeal Files for 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts USCA Case Number 07-4085-cv, were transmitted to the U.S. Court of Appeals. (nd) . Additional attachment(s) added on 10/26/2007 (Thomas, Dave). |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 182 Endorsed Letter, Set Deadlines/Hearings, 178 Certificate of Service Other, filed by East West Communications, Inc., 176 FIRST MOTION to Stay further proceedings pending appeal. filed by Ralph Vargas, 181 Declaration in Opposition to Motion filed by Brian Transeau, 180 Memorandum of Law in Opposition to Motion filed by Brian Transeau, 175 Certificate of Service Other, filed by Ralph Vargas, 177 Memorandum of Law in Support of Motion filed by Ralph Vargas, 179 Certificate of Service Other, filed by Brian Transeau USCA Case Number 07-4085-cv, were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 182 ENDORSED LETTER addressed to Judge William H. Pauley from Julie A. Ahrens dated 10/5/07 re: Pursuant to this Court's Order of September 13, 2007, enclosed is a courtesy copy of Defendant Brian Transeau's response and supporting documents responding to the financial statements submitted by Plaintiffs on September 28, 2007 in the above entitled matter. In accordance with plaintiffs' request that information related to their financial condition be treated as confidential, Brian Transeau asks that the Court permit these papers to be filed under seal. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge William H. Pauley III on 10/22/07) (js) |
| Filing 181 DECLARATION of Julie A. Ahrens in Opposition re: 176 FIRST MOTION to Stay further proceedings pending appeal.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Ahrens, Julie) |
| Filing 180 MEMORANDUM OF LAW in Opposition re: 176 FIRST MOTION to Stay further proceedings pending appeal.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 179 CERTIFICATE OF SERVICE of Defendant Brian Transeau's Response to Plaintiffs' Financial Statements and the Declaration of Julie A. Ahrens in Support served on ALL PARTIES. Service was made by Federal Express. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 178 CERTIFICATE OF SERVICE of Defendant East West Communications, Inc.'s Response to Plaintiffs' Financial Statements served on All Parties on October 5, 2007. Service was made by Email and US Mail. Document filed by East West Communications, Inc.. (Stahl, Eric) |
| Filing 177 FIRST MEMORANDUM OF LAW in Support re: 176 FIRST MOTION to Stay further proceedings pending appeal.. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 176 FIRST MOTION to Stay further proceedings pending appeal. Document filed by Ralph Vargas.(Chin, Paul) |
| Filing 175 CERTIFICATE OF SERVICE of Ralph Vargas and Bland-Ricky Roberts Confidential Financial Statements served on Attorneys for Brian Transeau and East West Communications, Inc. on September 28, 2007. Service was made by Mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 174 TRANSCRIPT of proceedings held on 9/11/07 before Judge William H. Pauley III. (jbe) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 173 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: 173 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 159 Endorsed Letter, Set Deadlines/Hearings,, 169 Endorsed Letter, 92 Counter Statement to Rule 56.1 filed by Ralph Vargas, 50 Amended Complaint, filed by Ralph Vargas, Bland Ricky Roberts, 46 Reply Memorandum of Law in Support of Motion, filed by Brian Transeau, East West Communications, Inc., 21 Answer to Amended Complaint filed by Pfizer Inc., 138 Notice of Change of Address filed by Brian Transeau, 102 Pretrial Statement filed by Brian Transeau, 70 Notice of Appearance, filed by Brian Transeau, East West Communications, Inc., 95 Endorsed Letter, 158 Certificate of Service Other filed by Ralph Vargas, 68 Notice (Other) filed by Ralph Vargas, 32 Answer to Amended Complaint filed by Publicis, Inc., 141 MOTION for Attorney Fees and Costs. filed by Brian Transeau, 27 Declaration in Support of Motion filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 148 Declaration in Support of Motion filed by Brian Transeau, 66 Protective Order, 11 Notice of Appearance filed by Brian Transeau, East West Communications, Inc., 167 Endorsed Letter, Set Deadlines/Hearings,, 25 Memorandum of Law in Support of Motion, filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 143 MOTION for Attorney Fees. filed by East West Communications, Inc., 7 Affidavit of Service Complaints filed by Ralph Vargas, 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006. filed by Ralph Vargas, 87 Declaration in Support,, filed by Brian Transeau, 58 Answer to Amended Complaint filed by Fluid Music East West Communications, Inc., 115 Declaration in Support, filed by Brian Transeau, 110 Declaration in Opposition to Motion, filed by Brian Transeau, 100 Order Admitting Attorney Pro Hac Vice, 81 Joinder filed by East West Communications, Inc., 78 Order, 55 Certificate of Service Other filed by Ralph Vargas, 83 Notice (Other) filed by East West Communications, Inc., 53 Certificate of Service Other filed by Ralph Vargas, 111 Declaration in Support filed by Brian Transeau, 151 Declaration in Support of Motion filed by Brian Transeau, 133 Reply Memorandum of Law in Support of Motion filed by Brian Transeau, 64 Stipulation and Order, 130 MOTION to Strike Document No. 124 Supplemental Declaration of Paul A. Chin. filed by Brian Transeau, 132 Memorandum of Law in Opposition to Motion, filed by Ralph Vargas, 1 Complaint, filed by Ralph Vargas, Bland Ricky Roberts, 18 Scheduling Order, 9 Scheduling Order, 19 Endorsed Letter,, 136 Stipulation and Order,, 62 Answer to Amended Complaint filed by Brian Transeau, 129 Scheduling Order, 122 Endorsed Letter, Set Deadlines,, 37 Endorsed Letter, 157 Certificate of Service Other filed by Ralph Vargas, 104 Order on Motion to Appear Pro Hac Vice, 73 Notice of Appearance filed by Brian Transeau, 144 Declaration in Support of Motion filed by East West Communications, Inc., 85 SECOND MOTION for Summary Judgment. filed by Brian Transeau, 91 Memorandum of Law in Opposition to Motion filed by Ralph Vargas, 2 Order for Initial Pretrial Conference, 153 Certificate of Service Other, filed by East West Communications, Inc., 71 Notice of Substitution of Attorney, filed by Brian Transeau, 77 MOTION for Alice C. Garber and Christopher Keegan to Appear Pro Hac Vice. filed by Brian Transeau, 56 Certificate of Service Other filed by Ralph Vargas, 140 MOTION to Seal Motion for Attorneys' Fees and Costs. filed by Brian Transeau, 161 Endorsed Letter, 173 Notice of Appeal filed by Ralph Vargas, Bland Ricky Roberts, 24 Rule 56.1 Statement filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 163 Notice of Appearance filed by East West Communications, Inc., 101 Endorsed Letter, 98 Reply Memorandum of Law in Support filed by Brian Transeau, 29 Declaration in Support of Motion filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 99 Declaration in Support filed by Brian Transeau, 45 Declaration filed by Brian Transeau, East West Communications, Inc., 42 Memorandum of Law in Opposition to Motion, filed by Ralph Vargas, 162 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,, 75 Notice of Appearance filed by Brian Transeau, 171 Endorsed Letter, Set Deadlines/Hearings,, 57 Notice of Appearance filed by Pfizer Inc., 26 Declaration in Support of Motion, filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 152 Order on Motion to Seal, 128 Endorsed Letter, Set Hearings,, 38 MOTION for Summary Judgment. filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 76 SUPPLEMENTAL MOTION for Protective Order. filed by Brian Transeau, 8 Affidavit of Service Complaints filed by Ralph Vargas, 164 Reply Memorandum of Law in Support of Motion filed by East West Communications, Inc., 150 Declaration in Support of Motion filed by Brian Transeau, 116 Endorsed Letter, 166 Declaration in Support of Motion filed by Brian Transeau, 109 Memorandum of Law in Opposition to Motion filed by Brian Transeau, 35 Answer to Amended Complaint, Crossclaim filed by Fluid Music East West Communications, Inc., 108 Reply Memorandum of Law in Support of Motion filed by Ralph Vargas, 52 Certificate of Service Other filed by Ralph Vargas, 172 Order, Set Deadlines/Hearings,, 54 Certificate of Service Other filed by Ralph Vargas, 89 Endorsed Letter, 63 Certificate of Service Other, filed by Brian Transeau, East West Communications, Inc., 125 Endorsed Letter, 59 Answer to Amended Complaint filed by Pfizer Inc., 44 Notice of Appearance filed by Brian Transeau, East West Communications, Inc., 80 Scheduling Order, 14 Stipulation and Order, 112 Declaration in Support filed by Brian Transeau, 79 Endorsed Letter, 139 Endorsed Letter, Set Deadlines/Hearings,, 142 Memorandum of Law in Support of Motion filed by Brian Transeau, 6 Affidavit of Service Complaints filed by Ralph Vargas, 74 Scheduling Order, 10 Waiver of Service Executed filed by Ralph Vargas, 134 Order, 30 Declaration in Support of Motion, filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 49 Order on Motion for Summary Judgment,,, 12 Notice of Appearance filed by Pfizer Inc., 137 Notice of Change of Address filed by East West Communications, Inc., 114 Declaration in Support filed by Brian Transeau, 40 Affidavit of Service Other, filed by East West Communications, Inc., 60 Answer to Amended Complaint filed by Publicis, Inc., 146 Declaration in Support of Motion,, filed by Brian Transeau, 82 Notice (Other) filed by East West Communications, Inc., 39 Rule 7.1 Corporate Disclosure Statement filed by East West Communications, Inc., 94 Endorsed Letter, 61 Answer to Amended Complaint filed by East West Communications, Inc., 155 Endorsed Letter, 65 Scheduling Order, 97 Pretrial Statement, filed by Ralph Vargas, 131 Memorandum of Law in Support filed by Brian Transeau, 156 Certificate of Service Other, filed by Ralph Vargas, 124 Declaration in Opposition to Motion filed by Ralph Vargas, 103 MOTION for Ryan J. Casamiquela to Appear Pro Hac Vice. filed by Brian Transeau, 34 Answer to Amended Complaint filed by Brian Transeau, 149 Declaration in Support of Motion filed by Brian Transeau, 147 Declaration in Support of Motion filed by Brian Transeau, 72 Stipulation and Order, 119 Order on Motion for Reconsideration, 86 Brief filed by Brian Transeau, 145 Memorandum of Law in Support of Motion filed by East West Communications, Inc., 96 Declaration in Opposition to Motion,,, filed by Ralph Vargas, 28 Declaration in Support of Motion, filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 93 Pretrial Statement filed by Brian Transeau, 90 Endorsed Letter, 51 Certificate of Service Complaints filed by Ralph Vargas, 33 Answer to Amended Complaint filed by East West Communications, Inc., 120 Endorsed Letter,, 69 Notice of Voluntary Dismissal - Signed, 165 Reply Memorandum of Law in Support of Motion filed by Brian Transeau, 84 Notice (Other) filed by East West Communications, Inc., 13 Endorsed Letter, 17 Endorsed Letter, 106 Memorandum of Law in Support of Motion filed by Ralph Vargas, 15 Order, 43 Endorsed Letter, 88 Rule 56.1 Statement filed by Brian Transeau, 5 Affidavit of Service Complaints filed by Ralph Vargas, 36 Answer to Complaint, Crossclaim filed by Fluid Music East West Communications, Inc., 3 Amended Complaint, filed by Ralph Vargas, Bland Ricky Roberts, 47 Declaration in Support of Motion, filed by Brian Transeau, East West Communications, Inc., 4 Endorsed Letter, 135 Clerk's Judgment, 22 Notice of Appearance filed by Pfizer Inc., 31 Rule 7.1 Corporate Disclosure Statement filed by Publicis, Inc., 107 Declaration in Support of Motion filed by Ralph Vargas, 113 Declaration in Support filed by Brian Transeau, 117 Reply to Response to Motion, filed by Ralph Vargas, 20 Rule 7.1 Corporate Disclosure Statement filed by Pfizer Inc., 23 MOTION for Summary Judgment. filed by Fluid Music East West Communications, Inc., Brian Transeau, Pfizer Inc., East West Communications, Inc., Publicis, Inc., 126 Endorsed Letter were transmitted to the U.S. Court of Appeals. 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| Filing 173 NOTICE OF APPEAL from 134 Order, 135 Clerk's Judgment. Document filed by Ralph Vargas, Bland Ricky Roberts. Filing fee $ 455.00, receipt number E 627709. (tp) |
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Filing 172
ORDER: It is ordered that each Plaintiff shall file and serve a confidential notarized financial statement by September 28, 2007. The financial statement shall detail all income and assets in which they have any legal or beneficial interest, whether in their individual capacities or jointly with a spouse or other person. Defendants shall serve and file any response by 10/5/2007. (Signed by Judge William H. Pauley III on 9/13/07) (tro)
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| Filing 171 ENDORSED LETTER addressed to Judge William H. Pauley from Alice C. Garber dated 9/5/07 re: Defendant Brian Transeau's counsel from Kirkland & Ellis in the above referenced matter. I write to request permission to participate in the September 11 hearing telephonically. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge William H. Pauley III on 9/10/07) (js) |
| Filing 170 LETTER addressed to Judge William H. Pauley from Teena H. Lee dated 8/21/2007 re: Teena Lee will no longer be an atty at Davis Wright Tremaine LLP, attys for dft East West Communications, Inc. Christopher J. Robinson will be replacing me. Document filed by East West Communications, Inc.(jar) |
| Filing 169 ENDORSED LETTER addressed to Judge William H. Pauley from Eric M. Stahl dated 8/28/07 re: Lead counsel for defendant East West Communications, Inc. writes to seek permission to participate in the September 11 hearing telephonically. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley III on 8/31/07) (tro) |
| Filing 167 ENDORSED LETTER addressed to Judge William H. Pauley from Julie A. Ahrens dated 8/20/07 re: Counsel for Defendant Brian Transeau request a 3 day extension of time until 8/24/07 to file his reply memorandum in support of Defendants motion for attorneys' fees and costs. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge William H. Pauley III on 8/23/07) (js) |
| Filing 166 DECLARATION of Julie A. Ahrens in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit GG)(Falzone, Anthony) |
| Filing 165 REPLY MEMORANDUM OF LAW in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Falzone, Anthony) |
| Filing 164 REPLY MEMORANDUM OF LAW in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by East West Communications, Inc.. (Attachments: # 1 Certificate of Service)(Robinson, Christopher) |
| Filing 163 NOTICE OF APPEARANCE by Christopher J. Robinson on behalf of East West Communications, Inc. (Attachments: # 1 Certificate of Service)(Robinson, Christopher) |
| Filing 162 ENDORSED LETTER addressed to Judge William H. Pauley III from Julie A. Ahrens dated 8/20/07 re: counsel requests an extension of time for BT to file his reply mem. in support of Defendants' motion for attorneys' fees and costs on or before August 24, 2007. ENDORSEMENT: Application Granted. So Ordered. Set Deadlines/Hearing as to 141 MOTION for Attorney Fees Replies due by 8/24/2007. (Signed by Judge William H. Pauley III on 8/20/07) (djc) |
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Filing 161
ENDORSED LETTER addressed to Judge William H. Pauley from Paul A. Chin dated 8/2/07 re: a request to allow plaintiffs to file exhibits in hard copy under seal. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley III on 8/16/07) (Copy sent to Sealed Records)(kco)
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| Filing 159 ENDORSED LETTER addressed to Judge William H. Pauley from Paul A. Chin dated 8/1/07 re: For the foregoing reasons, it is respectfully requested that the Court extend the filing deadline for Plaintiffs' opposition to August 2, 2007 and Defendants' reply to August 21, 2007. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge William H. Pauley III on 8/9/07) (js) |
| Filing 158 CERTIFICATE OF SERVICE of Supplemental Declaration of Paul A. Chin served on Attorneys for Defendants Brian Transeau and East West Communications, Inc. on Aug. 5, 2007. Service was made by Mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 157 CERTIFICATE OF SERVICE of Declaration of Plaintiff Ralph Vargas served on attorneys for Defendants Brian Transeau and East West Communications, Inc. on Aug. 5, 2007. Service was made by Mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 156 CERTIFICATE OF SERVICE of Plaintiffs' memorandum of law in opposition to Defendants' motion for attorneys' fees served on Attorneys for East West Communications and Brian Transeau on August 2, 2007. Service was made by Mail. Document filed by Ralph Vargas. (Chin, Paul) |
| EXHIBIT C of Motion for Attys' Fees and Costs. Document filed by Brian Transeau.(jar) |
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Filing 155
ENDORSED LETTER addressed to William H. Pauley from Julie A. Ahrens dated 6/29/2007 re: Defendants request that exhibit C to the declaration of Anthony T. Falzone in support of the motion is a compact disc containing audio files, which cannot be converted to PDF format for electronic filing. We respectfully request the Court's permission to file this exhibits in hard copy. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley III on 7/12/2007) (jmi)
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| Filing 153 CERTIFICATE OF SERVICE of East West Communications, Inc.'s Motion for Attorneys' Fees and Costs served on Plaintiffs Ralph Vargas and Bland-Ricky Roberts and pro se defendant Brian Transeau on June 29, 2007. Service was made by Mail. Document filed by East West Communications, Inc.. (Lee, Teena) |
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Filing 152
MEMO ENDORSED ON DEFENDANTS' MOTION FOR AN ORDER PERMITTING PARTIES TO FILE MOTION FOR COSTS AND ATTORNEYS' FEES UNDER SEAL: ENDORSEMENT: Application GRANTED in part. Redactions should be minimized in view of the presumption of openness in Federal Court, to the extent the motion B grounded in a settlement agreement cannot remain secret. SO Ordered. (Signed by Judge William H. Pauley III on 7/3/07) (js)
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| Filing 151 DECLARATION of Eric M. Stahl in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit A part 2)(Falzone, Anthony) |
| Filing 150 DECLARATION of Christian Chadd Taylor in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit 1)(Falzone, Anthony) |
| Filing 149 DECLARATION of Eric Chan in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A)(Falzone, Anthony) |
| Filing 148 DECLARATION of David S. Olson in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A)(Falzone, Anthony) |
| Filing 147 DECLARATION of Anthony T. Falzone in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Falzone, Anthony) |
| Filing 146 DECLARATION of Julie A. Ahrens in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit H part 2# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T# 22 Exhibit U# 23 Exhibit V# 24 Exhibit W# 25 Exhibit X# 26 Exhibit Y# 27 Exhibit Z# 28 Exhibit Z part 2# 29 Exhibit AA# 30 Exhibit BB# 31 Exhibit CC# 32 Exhibit DD# 33 Exhibit EE# 34 Exhibit FF)(Falzone, Anthony) |
| Filing 145 MEMORANDUM OF LAW in Support re: 143 MOTION for Attorney Fees.. Document filed by East West Communications, Inc.. (Lee, Teena) |
| Filing 144 DECLARATION of Eric M. Stahl in Support re: 143 MOTION for Attorney Fees.. Document filed by East West Communications, Inc.. (Attachments: # 1 Exhibit A (Part I)# 2 Exhibit A (Part II)# 3 Exhibit A (Part III)# 4 Exhibit B)(Lee, Teena) |
| Filing 143 MOTION for Attorney Fees. Document filed by East West Communications, Inc..Return Date set for 9/11/2007 at 11:00 AM.(Lee, Teena) |
| Filing 142 MEMORANDUM OF LAW in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Falzone, Anthony) |
| Filing 141 MOTION for Attorney Fees and Costs. Document filed by Brian Transeau.Return Date set for 9/11/2007 at 11:00 AM.(Falzone, Anthony) |
| Filing 140 MOTION to Seal Motion for Attorneys' Fees and Costs. Document filed by Brian Transeau and East West Communications.(Ahrens, Julie) Modified on 6/20/2007 (KA). |
| Filing 138 NOTICE OF CHANGE OF ADDRESS by Julie Angela Ahrens on behalf of Brian Transeau. New Address: Stanford Law School, 559 Nathan Abbott Way, Stanford, CA, USA 94305-8610, 650-723-2511. (Ahrens, Julie) |
| Filing 139 ENDORSED LETTER addressed to Judge William H. Pauley from David S. Olson dated 6/7/07 re: a request for the following briefing schedule: defendants shall file their motions for attorneys fees by 6/29/2007. Responses due by 7/31/2007. Replies due by 8/17/2007. ENDORSEMENT: Application granted. Oral argument on defendants' motion will held before this court on 9/11/2007 at 11:00 a.m. (Signed by Judge William H. Pauley III on 6/11/07) (kco) |
| Filing 137 NOTICE OF CHANGE OF ADDRESS by Eric M. Stahl on behalf of East West Communications, Inc.. New Address: Davis Wright Tremaine LLP, 1201 Third Avenue, Suite 2200, Seattle, Washington, USA 98101-3045, 206-622-3150. (Stahl, Eric) |
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Filing 136
STIPULATION AND ORDER EXTENDING TIME TO FILE MOTION FOR ATTORNEYS' FEES, REQUEST TO TAX COSTS, AND NOTICE OF APPEAL: pursuant to Federal Rule of Civil Procedure 54 and Local Rule 54.1 the deadline for defendants to file a motion for attorneys' fees and/or request to tax costs shall be extended to June 11, 2007 in order to provide the parties sufficient time to meet and confer concerning these issues and whether they can be resolved without further motion practice. Pursuant to Federal Rule of Appellate procedure 4, the deadline for plaintiffs to file a notice of appeal from the judgment of dismissal in this case shall be extended to July 6, 2007. (Signed by Judge William H. Pauley III on 5/22/07) (js)
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| Set/Reset Deadlines: Motions due by 6/11/2007. (js) |
| Filing 135 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated May 9, 2007, defendants motion for summary judgment is granted and the action is dismissed; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 5/18/07) (Attachments: # 1 notice of right to appeal)(ml) |
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Filing 134
MEMORANDUM AND ORDER for the reasons, Defendants' motion for summary judgment is granted and this action is dismissed. The Clerk of the Court is directed to make this case closed. (Signed by Judge William H. Pauley III on 5/9/2007) (jmi) Modified on 5/21/2007 (Miles, Janeen).
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| Filing 133 REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Strike Document No. 124 Supplemental Declaration of Paul A. Chin.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 132 FIRST MEMORANDUM OF LAW in Opposition re: 130 MOTION to Strike Document No. 124 Supplemental Declaration of Paul A. Chin.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Supplement Certificate of Service)(Chin, Paul) |
| Filing 131 MEMORANDUM OF LAW in Support re: 130 MOTION to Strike Document No. 124 Supplemental Declaration of Paul A. Chin.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 130 MOTION to Strike Document No. 124 Supplemental Declaration of Paul A. Chin. Document filed by Brian Transeau.Responses due by 3/29/2007(Ahrens, Julie) |
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Filing 129
SCHEDULING ORDER No.5:Motions due by 3/16/2007.,Responses due by 3/29/2007,Replies due by 4/4/2007. (Signed by Judge William H. Pauley III on 2/26/07) (js)
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Filing 128
ENDORSED LETTER addressed to Judge William H. Pauley from Julie A. Ahrens dated 1/25/2007 re: to write to request a pre-motion conference pursuant to your Honor's Individual Practice Rule 3.A. Telephone Conference set for 2/16/2007 04:30 PM before Judge William H. Pauley III. ENDORSEMENT: Application granted. Phone conference will be held February 16,2007 at 4:30 pm. SO ORDERED. (Signed by Judge William H. Pauley III on 2/14/2007) (jmi)
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| Filing 127 ENDORSED LETTER addressed to Judge Pauley from Anthony Falzone dated 2/5/07 re request to the Court for further guidance as to whether the parties should be prepared to try the matter on 3/5: the trial of this action is adjourned sine die. (Signed by Judge William H. Pauley III on 2/9/07) (cd) |
| Filing 126 ENDORSED LETTER addressed to Judge William H. Pauley III from Anthony T. Falzane dated 2/5/07 re: that the trial of this action is adjourned sine die. (Signed by Judge William H. Pauley III on 2/9/07) (pl) |
| Filing 125 ENDORSED LETTER addressed to Judge Pauley from Paul Chin dated 1/22/07 re request that the Court extend the time in which plntfs may submit their rebuttal expert report to 1/23/07: application granted. (Signed by Judge William H. Pauley III on 1/26/07) (cd) |
| Filing 124 DECLARATION of Paul A. Chin in Opposition re: 85 SECOND MOTION for Summary Judgment.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit 15 - expert report)(Chin, Paul) |
| Filing 122 ENDORSED LETTER addressed to William H. Pauley from Paul A. Chin dated 1/2/2007 re: to plaintiffs are requesting an additional fourteen (14) days within which to prepare and submit their rebuttal report. ENDORSEMENT: Application grqanted. Plaintiffs shall file and serve their rebuttal report, if any by January 19,2007 (Signed by Judge William H. Pauley III on 1/3/2007) (jmi, ) |
| Filing 121 TRANSCRIPT of proceedings held on 11/3/06 before Judge William H. Pauley III. (tro, ) |
| Filing 120 ENDORSED LETTER addressed to Judge William H. Pauley III from Paul A. Chin dated 12/12/2006 re: plaintiffs request a conference with the Court to discuss whether or not plaintiffs must still engage their experts to analyze defendant Brian Transeau's re-creation, and subsequent fast fourier transform analysis, of Aparthenonia. ENDORSEMENT: Application Denied. Plaintiffs may but need not necessarily engage their experts. The Court takes no position at this time as to whether the absence of additional testimony from plaintiffs' experts will prejudice plaintiffs on the motions for summary judgment. So Ordered. (Signed by Judge William H. Pauley III on 12/14/2006) (lb, ) |
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Filing 119
ORDER denying 105 Motion for Reconsideration. However, this Court will address at a later date whether defendants should bear any of the costs incurred by plaintiffs in responding to defendants' additional expert evidence . (Signed by Judge William H. Pauley III on 12/15/2006) (lb, )
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| Filing 118 TRANSCRIPT of proceedings held on 11/3/06 before Judge William H. Pauley III. (mo, ) |
| Filing 117 REPLY to Response to Motion re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006. Reply to Defendant's second opposition. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A pg. 1# 2 Exhibit A pg.2# 3 Exhibit B)(Chin, Paul) |
| Filing 116 ENDORSED LETTER addressed to Judge William H. Pauley from Julie A. Ahrens dated 12/1/06 re: Application GRANTED. Defendant Transeau is given permission to file hardcopies of the CD's containing audio and video exhibits in support of his summary judgment motion. (Signed by Judge William H. Pauley III on 12/4/06) (db, ) |
| Filing 115 DECLARATION of Dr. Richard Boulanger in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B (part 1)# 3 Exhibit B (part 2)# 4 Exhibit B (part 3)# 5 Exhibit B (part 4))(Ahrens, Julie) |
| Filing 114 DECLARATION of Wonseok Choi in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 113 DECLARATION of Brian Baughn in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 112 DECLARATION of Brian Transeau in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 111 DECLARATION of Julie A. Ahrens in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit Z# 2 Exhibit AA)(Ahrens, Julie) |
| Filing 110 DECLARATION of Anthony T. Falzone in Opposition re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Falzone, Anthony) |
| Filing 109 FIRST MEMORANDUM OF LAW in Opposition re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Brian Transeau. (Falzone, Anthony) |
| Filing 108 REPLY MEMORANDUM OF LAW in Support re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A - Transcript of Oral Argument)(Chin, Paul) |
| Filing 107 DECLARATION of Paul A. Chin in Support re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A - Oral argument transcript)(Chin, Paul) |
| Filing 106 FIRST MEMORANDUM OF LAW in Support re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A)(Chin, Paul) |
| Filing 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006. Document filed by Ralph Vargas. (Chin, Paul) |
| CASHIERS OFFICE REMARK on 100 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 11/03/2006, Receipt Number 596031. (jd, ) |
| CASHIERS OFFICE REMARK on 104 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/31/2006, Receipt Number 595634. (jd, ) |
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Filing 104
ORDER granting 103 Motion for Ryan J. Casamiquela to Appear Pro Hac Vice . (Signed by Judge William H. Pauley III on 11/3/2006) (lb, )
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| Transmission to Attorney Admissions Clerk. Transmitted re: 104 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, ) |
| Filing 103 MOTION for Ryan J. Casamiquela to Appear Pro Hac Vice. Document filed by Brian Transeau. (jco, ) |
| Filing 102 JOINT PRETRIAL STATEMENT. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ahrens, Julie) |
| Filing 101 ENDORSED LETTER addressed to Judge William H. Pauley III from Eric M. Stahl dated 10/17/2006 re: seeking permission to participate in the 11/3 hearing and conference telephonically. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley III on 10/24/2006) (lb, ) |
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Filing 100
ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Anthony T. Falzone for Brian Transeau admitted Pro Hac Vice. (Signed by Judge William H. Pauley III on 10/24/2006) (lb, )
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| Transmission to Attorney Admissions Clerk. Transmitted re: 100 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (lb, ) |
| Filing 99 DECLARATION of Julie A. Ahrens in Support re: 98 Reply Memorandum of Law in Support. Document filed by Brian Transeau. (Attachments: # 1 Exhibit W# 2 Exhibit X# 3 Exhibit Y)(Ahrens, Julie) |
| Filing 98 REPLY MEMORANDUM OF LAW in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 123 MOTION for Anthony T. Falzone to Appear Pro Hac Vice. Document filed by Brian Transeau. (jco, ) Modified on 1/11/2007 (kkc, ). |
| Filing 97 PROPOSED PRETRIAL STATEMENT Plaintiffs' Joint Pre-Trial Order. Document filed by Ralph Vargas. (Attachments: # 1 Supplement Plaintiffs' Proposed Joint Pre-Trial Order# 2 Errata A to Plaintiffs' Joint Pre-Trial Order# 3 Exhibit B to Plaintiffs' Joint Pre-Trial Order# 4 Exhibit C to Plaintiffs' Joint Pre-Trial Order# 5 Affidavit Declaration of Paul Chin)(Chin, Paul) |
| Filing 96 DECLARATION of Paul Chin in Opposition re: 85 SECOND MOTION for Summary Judgment.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit 1 to Plaintiffs' Opposition# 2 Exhibit 2 to Plaintiffs' Opposition# 3 Exhibit 3 to Plaintiffs' Opposition# 4 Exhibit 4 to Plaintiffs' Opposition# 5 Exhibit 5 to Plaintiffs' Opposition# 6 Exhibit 6 to Plaintiffs' Opposition# 7 Exhibit 7 to Plaintiffs' Opposition# 8 Exhibit 8 to Plaintiffs' Opposition# 9 Exhibit 9 to Plaintiffs' Opposition# 10 Exhibit 10 to Plaintiffs' Opposition# 11 Exhibit 11 to Plaintiffs' Opposition# 12 Exhibit 12 to Plaintiffs' Opposition# 13 Exhibit 13 to Plaintiffs' Opposition# 14 Exhibit 14 to Plaintiffs' Opposition# 15 Affidavit Declaration of Paul Chin in Support of Opposition# 16 Exhibit Declaration of Paul Chin of unsuccessful attempt to file exhibits on ECF)(Chin, Paul) |
| Filing 95 ENDORSED LETTER addressed to Judge William H. Pauley III from Julie A. Ahrens dated 10/10/2006 re: request that the Court grant a corresponding 2-day extension for defendants' reply brief to 10/18/2006. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley III on 10/11/2006) (lb, ) |
| Filing 94 ENDORSED LETTER addressed to Judge William H. Pauley III from Law Offices of Paul A. Chin dated 10/10/2006 re: request for an extension of time to file plaintiffs' opposition to defendant's motion for summary judgment until 10/11/2006. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley III on 10/11/2006) (lb, ) |
| Set/Reset Deadlines: Replies due by 10/18/2006. (lb, ) |
| Filing 93 PRETRIAL STATEMENT. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ahrens, Julie) |
| Filing 92 COUNTER STATEMENT TO 88 Rule 56.1 Statement. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 91 FIRST MEMORANDUM OF LAW in Opposition re: 85 SECOND MOTION for Summary Judgment.. Document filed by Ralph Vargas. (Chin, Paul) |
| CASHIERS OFFICE REMARK on 78 Order in the amount of $50.00, paid on 09/06/2006, Receipt Number 589422. (jd, ) |
| Filing 90 ENDORSED LETTER addressed to Judge William H. Pauley III from Julie A. Ahrens dated 9/22/2006 re: requesting the Court's permission to file these exhibits in hard copy. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge William H. Pauley III on 10/2/2006) (lb, ) |
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Filing 89
ENDORSED LETTER addressed to Judge William H. Pauley from Julie A. Ahrens dated 9/22/06 re: a request that motions be due 9/25/2006, oppositions due by 10/9/2006, and replies due by 10/16/2006. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge William H. Pauley III on 9/22/06) (kco, )
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| Set Deadlines: Motions due by 9/25/2006. Responses due by 10/9/2006. Replies due by 10/16/2006. (kco, ) |
| Filing 88 RULE 56.1 STATEMENT. Document filed by Brian Transeau. (Ahrens, Julie) |
| Filing 87 DECLARATION of Christopher Keegan in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit Ex B# 2 Exhibit Ex C# 3 Exhibit Ex D# 4 Exhibit Ex E# 5 Exhibit Ex F# 6 Exhibit Ex G# 7 Exhibit Ex H# 8 Exhibit Ex I# 9 Exhibit Ex J part 1# 10 Exhibit Ex J part 2# 11 Exhibit Ex K# 12 Exhibit Ex L# 13 Exhibit Ex M# 14 Exhibit Ex N part 1# 15 Exhibit Ex N part 2# 16 Exhibit Ex O# 17 Exhibit Ex P# 18 Exhibit Ex Q# 19 Exhibit Ex R# 20 Exhibit Ex S# 21 Exhibit Ex T# 22 Exhibit Ex U# 23 Exhibit Ex V)(Ahrens, Julie) |
| Filing 86 BRIEF re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau.(Ahrens, Julie) |
| Filing 85 SECOND MOTION for Summary Judgment. Document filed by Brian Transeau. Responses due by 10/9/2006 Return Date set for 11/3/2006 10:00 AM. (Ahrens, Julie) |
| Filing 84 NOTICE of CERTIFICATE OF SERVICE re: 82 Notice (Other), 81 Joinder, 83 Notice (Other). Document filed by East West Communications, Inc.. (Stahl, Eric) |
| Filing 83 NOTICE of RULE 56.1 STATEMENT OF UNDISPUTED FACTS re: 82 Notice (Other), 81 Joinder. Document filed by East West Communications, Inc.. (Stahl, Eric) |
| Filing 82 NOTICE of DECLARATION IN SUPPORT OF JOINDER re: 81 Joinder. Document filed by East West Communications, Inc.. (Stahl, Eric) |
| Filing 81 JOINDER to join in Motion for Summary Judgment. Document filed by East West Communications, Inc..(Stahl, Eric) |
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Filing 80
SCHEDULING ORDER: Motion for summary judgment due by 9/22/2006. Responses due by 10/6/2006 Replies due by 10/13/2006. Final Pretrial Conference set for 11/3/2006 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley III on 9/5/06) (dle, )
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| Filing 79 ENDORSED LETTER addressed to Judge William H. Pauley from David Olson dated 8/7/06 re: Counsel writes to request a pre-motion conference. Application granted. A phone conference is set for 9/1/06 at 10:00 a.m. So Ordered. (Signed by Judge William H. Pauley III on 8/24/06) (jco, ) |
| Set Deadlines/Hearings: Telephone Conference set for 9/1/2006 10:00 AM before Judge William H. Pauley III. (jco, ) |
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Filing 78
ORDER re: granting 77 MOTION for Alice C. Garber and Christopher Keegan to Appear Pro Hac Vice. filed by Brian Transeau, (Signed by Judge William H. Pauley III on 8/22/06) (djc, )
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| Filing 77 MOTION for Alice C. Garber and Christopher Keegan to Appear Pro Hac Vice. Document filed by Brian Transeau, Brian Transeau, Brian Transeau. Proposed Order attached. (db, ) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney David Olson to E-MAIL pdf copy to orders_and_judgments@nysd.uscourts.gov Document No. 76 Stipulation and Agreed Confidentiality Order. This document is not filed via ECF. (kg, ) |
| Filing 76 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - SUPPLEMENTAL MOTION for Protective Order (STIPULATION AND AGREED CONFIDENTIALITY ORDER). Document filed by Brian Transeau. (Olson, David) Modified on 7/31/2006 (kg, ). |
| Filing 75 NOTICE OF APPEARANCE by Julie Angela Ahrens on behalf of Brian Transeau, Brian Transeau, Brian Transeau (Ahrens, Julie) |
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Filing 74
SECOND REVISED SCHEDULING ORDER: Discovery due by 8/15/2006. Final Pretrial Conference set for 10/13/2006 at 10:30 AM before Judge William H. Pauley III. Joint Pretrial Order due by 10/12/2006. (Signed by Judge William H. Pauley III on 6/6/2006) (lb, )
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| Filing 73 NOTICE OF APPEARANCE by David Sidney Olson on behalf of Brian Transeau, Brian Transeau, Brian Transeau (Olson, David) |
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Filing 72
STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: It is hereby stipulated and agreed that Davis Wright Tremaine by Eric M. Stahl hereby withdraw as counsel in this action for defendant Brian Transeau, and that Brian Transeau appears in this action pro se. (Signed by Judge William H. Pauley III on 3/27/2006) (lb, )
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| Filing 71 NOTICE of Substitution of Attorney. Old Attorney: Davis Wright Tremaine LLP, New Attorney: Brian Transeau, pro se, Address: Brian Transeau, 2658 Griffiths Park Blvd., #511, Los Angeles, California, 90039,. Document filed by Brian Transeau, Brian Transeau. (Attachments: # 1 Affidavit of Eric M. Stahl pursuant to Local Rule 1.4# 2)(Lee, Teena) |
| Filing 70 NOTICE OF APPEARANCE by Teena Heejung Lee on behalf of East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau (Attachments: # 1 Supplement Letter by Samuel Leaf)(Lee, Teena) |
| Filing 69 NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(2) of the F.R.C.P. soley against dft. Publicis, Inc. Pfizer, Inc. and Alanda Music, with prejudice. (Signed by Judge William H. Pauley III on 2/10/06) (pl, ) |
| Filing 68 NOTICE of and Order of Dismissal Pursuant to Rule 41(a)(2) As to Defendants Pfizer, Publicis and Fluid Music. Document filed by Ralph Vargas. (Attachments: # 1 Affidavit Certificate of Service of Notice and Order)(Chin, Paul) |
| Filing 67 LETTER addressed to Judge William H. Pauley from Sara Edelman dated 11/22/05 re: attached revised scheduling order. Document filed by Publicis, Inc.(db, ) |
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Filing 66
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge William H. Pauley III on 12/6/2005) (lb, )
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Filing 65
REVISED SCHEDULING ORDER: All Dispositive Motions due by 5/12/2006. Discovery due by 3/31/2006. Final Pretrial Conference set for 7/21/2006 at 10:00 AM before Judge William H. Pauley III. Pretrial Order due by 7/12/2006. (Signed by Judge William H. Pauley III on 12/8/2005) (lb, )
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Filing 64
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: Davis & Gilbert LLP is substituted as attorney for the defendant Alanda Music, Ltd. instead of Tiajoloff & Kelly as of the date hereto. (Signed by Judge William H. Pauley III on 12/6/2005) (lb, )
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| Filing 63 CERTIFICATE OF SERVICE of Defendant East West Communications, Inc. and Brian Transeau Answer to Second Amended Complaint served on Paul A. Chin, Esq., Bruce Keller, Esq., Sara L. Edelman, Esq., Edward P. Kelly, Esq. on 11/28/2005. Service was made by ECF & Mail. Document filed by East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 62 ANSWER to Amended Complaint. Document filed by Brian Transeau. Related document: 50 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Leaf, Samuel) |
| Filing 61 ANSWER to Amended Complaint. Document filed by East West Communications, Inc.. Related document: 50 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Leaf, Samuel) |
| Filing 60 ANSWER to Amended Complaint. Document filed by Publicis, Inc.. Related document: 50 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Edelman, Sara) |
| Filing 59 ANSWER to Amended Complaint. Document filed by Pfizer Inc.. Related document: 50 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Edelman, Sara) |
| Filing 58 ANSWER to Amended Complaint. Document filed by Fluid Music East West Communications, Inc..(Edelman, Sara) |
| Filing 57 NOTICE of Appearance by Sara Lynn Edelman on behalf of Pfizer Inc. (Edelman, Sara) |
| Filing 56 CERTIFICATE OF SERVICE of Second Amended Complaint served on Brian Transeau on 11/9/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 55 CERTIFICATE OF SERVICE of Second Amended Complaint served on Publicis, Inc. on 11/9/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 54 CERTIFICATE OF SERVICE of Second Amended Complaint served on Pfizer, Inc. on 11/9/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 53 CERTIFICATE OF SERVICE of Second Amended Complaint served on Fluid Music on 11/9/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 52 CERTIFICATE OF SERVICE of Second Amended Complaint served on East West Communications, Inc. on 11/9/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 51 CERTIFICATE OF SERVICE of Summons and Amended Complaint,. East West Communications, Inc. served on 11/9/2005, answer due 11/30/2005. Service was made by Mail and e-mail. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 50 SECOND AMENDED COMPLAINT amending 3 Amended Complaint, against East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau.Document filed by Ralph Vargas, Bland Ricky Roberts. Related document: 3 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,. (Attachments:, # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(sac, ) |
| Set Answer Due Date purs. to 50 Second Amended Complaint, as to East West Communications, Inc. answer due on 11/30/2005; Pfizer Inc. answer due on 11/30/2005; Publicis, Inc. answer due on 11/30/2005; Fluid Music East West Communications, Inc. answer due on 11/30/2005; Brian Transeau answer due on 11/30/2005. (sac, ) |
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Filing 49
ORDER denying 38 Motion for Summary Judgment, denying 23 Motion for Summary Judgment. Defendants' motion for summary judgment is denied. Plaintiffs are granted leave to amend their complaint to perfect their claim of copyright infringement based on the sound recording rights to Bust Dat Groove. Plaintiffs must file their Amended Complaint within ten (10) business days of this Memorandum and Order. So Ordered.(Signed by Judge William H. Pauley III on 10/26/05) (jco, )
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| Filing 48 TRANSCRIPT of proceedings held on 8/12/05 before Judge William H. Pauley III. (jbe, ) |
| Filing 47 DECLARATION of Anthony Ricigliano in Support re: 38 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment. On The Issue of Originality of Plaintiffs' Work. Document filed by East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 45 DECLARATION of Service re: 44 Notice of Appearance. Document filed by East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau. (Stahl, Eric) |
| Filing 44 NOTICE of Appearance by Eric M. Stahl on behalf of East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau, East West Communications, Inc., Brian Transeau (Stahl, Eric) |
| Filing 43 ENDORSED LETTER addressed to Judge William H. Pauley III from Paul A. Chin dated 7/20/05 re: granting plaintiffs request that the court allow Plaintiffs to file their opposition to dfts motion for summary judgment by 7/22/05, and allow dfts to file their reply by 8/2/056. (Signed by Judge William H. Pauley III on 7/20/05) (pl, ) |
| Set/Reset Scheduling Order Deadlines: Responses due by 7/22/2005 Replies due by 8/2/2005. (pl, ) |
| Filing 42 MEMORANDUM OF LAW in Opposition re: 23 MOTION for Summary Judgment.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Declaration of Matt Ritter (drum/music expert)# 4 Exhibit Declaration of I. Rodriguez (expert)# 5 Exhibit Plaintiff's Rule 56.1.b Statement)(Chin, Paul) |
| Filing 41 Filed copy of endorsed letter from Samuel M.Leaf to Judge Pauley dated 6/30/05 with attached hard copy exhibits. Exhibits A & B to the Declaration of Rhys Moody and Exhibit D to the Declaration of Anthony Ricigliano (audio cd)(both declarations filed on 6/30/05) Document filed by East West Communications, Inc., Brian Transeau. (rag, ) |
| Filing 40 AFFIDAVIT OF SERVICE of Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 served on Bruce Keller, Esq., Debevoise & Plimpton LLP, Edward P. Kelly, Esq., Tiajoloff & Kelly, Sara L. Edelman, Esq., Davis & Gilbert, LLP, Paul A. Chin, Esq., Law Offices of Paul A. Chin on 7/6/2005. Service was made by ECF. Document filed by East West Communications, Inc.. (Leaf, Samuel) |
| Filing 39 RULE 7.1 DISCLOSURE STATEMENT. Document filed by East West Communications, Inc..(Leaf, Samuel) |
| Filing 38 MOTION for Summary Judgment. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 37 ENDORSED LETTER addressed to Judge William H. Pauley from Samuel M. Leaf dated 6/30/05 re: granting permission for defendants to file these exhibits in hard copy form. (Signed by Judge William H. Pauley III on 6/30/05) (sac, ) |
| Filing 36 ANSWER to Complaint., CROSSCLAIM against East West Communications, Inc., Brian Transeau. Document filed by Fluid Music East West Communications, Inc..(Kelly, Edward) |
| Filing 35 ANSWER to Amended Complaint., CROSSCLAIM against East West Communications, Inc., Brian Transeau. Document filed by Fluid Music East West Communications, Inc..(Kelly, Edward) |
| Filing 34 ANSWER to Amended Complaint. Document filed by Brian Transeau. Related document: 3 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Leaf, Samuel) |
| Filing 33 ANSWER to Amended Complaint. Document filed by East West Communications, Inc.. Related document: 3 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Leaf, Samuel) |
| Filing 32 ANSWER to Amended Complaint. Document filed by Publicis, Inc.. Related document: 3 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,.(Edelman, Sara) |
| Filing 31 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Publicis, Inc..(Edelman, Sara) |
| Filing 30 DECLARATION of Anthony Ricigliano in Support re: 23 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Leaf, Samuel) |
| Filing 29 DECLARATION of Brian Transeau in Support re: 23 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 28 DECLARATION of Edward P. Kelly in Support re: 23 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Attachments: # 1 Exhibit A)(Leaf, Samuel) |
| Filing 27 DECLARATION of Brad Stratton in Support re: 23 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 26 DECLARATION of Rhys Moody in Support re: 23 MOTION for Summary Judgment.. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Attachments: # 1 Exhibit A)(Leaf, Samuel) |
| Filing 25 MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment. On the Issue of Originality of Plaintiffs' Work. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 24 RULE 56.1 STATEMENT. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. (Leaf, Samuel) |
| Filing 23 MOTION for Summary Judgment. Document filed by East West Communications, Inc., Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau. Responses due by 7/21/2005 (Attachments: # 1 Text of Proposed Order)(Leaf, Samuel) |
| Filing 22 NOTICE of Appearance by James J. Pastore, Jr on behalf of Pfizer Inc. (Attachments: # 1 Certificate of Service)(Pastore, James) |
| Filing 21 ANSWER to Amended Complaint. Document filed by Pfizer Inc.. Related document: 3 Amended Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,. (Attachments: # 1 Certificate of Service)(Keller, Bruce) |
| Filing 20 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Pfizer Inc.. (Attachments: # 1 Certificate of Service)(Keller, Bruce) |
| Filing 19 ENDORSED LETTER addressed to Judge Pauley from Paul A. Chin dated 6/15/05 re: request that the Court reconsider its decision: (i) granting defendants' request to file a motion for summary judgment in this case; and (ii) denying plaintiffs' request that defendants file an answer to the amended complaint. Application granted in part and denied in part. Plaintiff's application seeking reconsideration of this Court's scheduling of defendants' motion for summary judgment is denied. Defendants are directed to file their answers by 6/30/05 (Signed by Judge William H. Pauley III on 6/20/05) (yv, ) |
| Set Answer Due Date purs. to 19 Endorsed Letter, as to East West Communications, Inc. answer due on 6/30/2005; Pfizer Inc. answer due on 6/30/2005; Publicis, Inc. answer due on 6/30/2005; Fluid Music East West Communications, Inc. answer due on 6/30/2005; Brian Transeau answer due on 6/30/2005. (yv, ) |
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Filing 18
SCHEDULING ORDER: Motions due by 6/30/2005. Responses due by 7/21/2005 Replies due by 8/1/2005. Discovery due by 11/30/2005. Oral Argument set for 8/12/2005 11:00 AM before Judge William H. Pauley III. Final Pretrial Conference set for 1/6/2006 10:00 AM before Judge William H. Pauley III. Initial Disclosures due by 6/24/2005. Joint Pretrial Order due by 12/30/2005. (Signed by Judge William H. Pauley III on 6/9/05) (db, )
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| Filing 17 ENDORSED LETTER addressed to Judge Pauley from Paul Chin dated 3/31/05: granting request that the 6/7 scheduling conf be adjourned to 6/7/05, at 2:30 pm. (Signed by Judge William H. Pauley III on 6/2/05) (cd, ) |
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Filing 15
ORDER; the motion is granted, and that Eric M. Stahl may enter his appearance as counsel for said defendants and actively participate in the conduct of these proceedings. (Signed by Judge William H. Pauley III on 5/13/05) (sac, )
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| Transmission to Attorney Admissions Clerk. Transmitted re: 15 Order, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, ) |
| Filing 16 MOTION for Eric Stahl to Appear Pro Hac Vice. Document filed by East West Communications, Inc., Brian Transeau. Attached is Declaration in support. (djc, ) |
| Filing 14 STIPULATION DISMISSING WITH PREJUDICE COUNTS THREE AND FOUR OF THE AMENDED COMPLAINT against all defendants. So Ordered. (Signed by Judge William H. Pauley III on 5/10/05) (jco, ) |
| Filing 13 ENDORSED LETTER addressed to Judge William H. Pauley from Samuel M. Leaf dated 4/26/05 re: Application GRANTED. A conference is scheduled for 5/24/05 at 10:00 a.m. Parties may participate by telelphone. Oral argument scheduled for 6/24/05 is cancelled. (Signed by Judge William H. Pauley III on 5/2/05) (db, ) |
| Set/Reset Hearings: Status Conference set for 5/24/2005 10:00 AM before Judge William H. Pauley III. (db, ) |
| Filing 12 NOTICE of Appearance by Bruce P. Keller on behalf of Pfizer Inc. (Keller, Bruce) |
| Filing 11 NOTICE of Appearance by Samuel M. Leaf on behalf of East West Communications, Inc., Brian Transeau (Leaf, Samuel) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED Document filed by Ralph Vargas. Brian Transeau waiver sent on 3/28/2005, answer due 5/27/2005. (Chin, Paul) |
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Filing 9
SCHEDULING ORDER: Motions due by 5/13/2005. Responses due by 5/27/2005 Replies due by 6/6/2005. Oral Argument set for 6/24/2005 11:00 AM before Judge William H. Pauley III. Additional discovery deadlines are as set forth in this Order. (Signed by Judge William H. Pauley III on 3/25/05) (pl, )
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| Filing 8 AFFIDAVIT OF SERVICE. Fluid Music East West Communications, Inc. served on 3/14/2005, answer due 4/4/2005. Service was accepted by Christie Michel. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 7 AFFIDAVIT OF SERVICE. Publicis, Inc. served on 3/14/2005, answer due 4/4/2005. Service was accepted by Secretary of State. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 6 AFFIDAVIT OF SERVICE. Fluid Music East West Communications, Inc. served on 2/28/2005, answer due 3/21/2005. Service was accepted by David Shapiro. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 5 AFFIDAVIT OF SERVICE. Pfizer Inc. served on 2/28/2005, answer due 3/21/2005. Service was accepted by CT Corporation System. Document filed by Ralph Vargas. (Chin, Paul) |
| Filing 4 ENDORSED LETTER addressed to Willaim H. Pauley III from Bruce P. Keller dated 3/3/05 re: Application granted; a pre-motion conference is scheduled for 3/18/05 @10:00 a.m.. (Signed by Judge William H. Pauley III on 3/4/05) (pl, ) |
| Filing 3 AMENDED COMPLAINT amending 1 Complaint, against Pfizer Inc., Publicis, Inc., Fluid Music East West Communications, Inc., Brian Transeau.Document filed by Ralph Vargas, Bland Ricky Roberts. Related document: 1 Complaint, filed by Ralph Vargas,, Bland Ricky Roberts,. (Attachments: # 1 Exhibit a# 2 Exhibit b)(yv, ) |
| Set Answer Due Date purs. to 3 Amended Complaint, as to Pfizer Inc. answer due on 2/25/2005; Publicis, Inc. answer due on 2/25/2005; Fluid Music East West Communications, Inc. answer due on 2/25/2005; Brian Transeau answer due on 2/25/2005. (yv, ) |
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Filing 2
ORDER RE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/18/2005 at 10:00 AM in Courtroom 11D at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY for the purpose of discussing settlement, exploring contemplated motions, stipulated facts, narrowing issues, fixing a discovery schedule, and setting a date for trial (Signed by Judge William H. Pauley III on 12/27/04) Copy mailed by Chambers.(yv, ) Additional attachment(s) added on 12/28/2004 (yv, ).
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| Magistrate Judge James C. Francis is so designated. (laq, ) |
| Filing 1 COMPLAINT against Fluid Music East West Communications, Inc., Pfizer Inc., Publicis, Inc., Brian Transeau. (Filing Fee $ 150.00, Receipt Number 528835)Document filed by Bland Ricky Roberts, Ralph Vargas.(laq, ) Additional attachment(s) added on 12/15/2004 (laq, ). |
| SUMMONS ISSUED as to Fluid Music East West Communications, Inc., Pfizer Inc., Publicis, Inc., Brian Transeau. (laq, ) |
| Mailed notice to the attorney(s) of record. (laq, ) |
| Case Designated ECF. (laq, ) |
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