Dmarcian, Inc. v. Dmarcian Europe BV
| dmarcian, Inc. |
| dmarcian Europe BV |
| 1:2021cv00067 |
| March 12, 2021 |
| US District Court for the Western District of North Carolina |
| Martin Reidinger |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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Filing 35
REPLY to Response to Motion re #22 MOTION to Dismiss by Dmarcian Europe BV. (Attachments: #1 Exhibit Second Declaration of Martijn Groeneweg, #2 Exhibit A to 2nd Dec. of M. Groeneweg-Agreement Saas, #3 Exhibit B to 2nd Dec. of M. Groeneweg-Partner Agreement, #4 Exhibit C to 2nd Dec. of M. Groeneweg-Dist. Court of N. Holland Judgment 5.7.21)(Millen, Pressly)
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Filing 34
TRANSCRIPT of Motion for Temporary Restraining Order held on April 23, 2021 before Judge Martin Reidinger. Court Reporter Tracy Rae Dunlap, telephone number 828.771.7217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/2/2021. (Reporter: Tracy Dunlap, 828-771-7217)
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Filing 33
MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Proposed Restraints by Dmarcian, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Duffy, Pamela)
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Filing 32
MEMORANDUM/BRIEF (Defendant's Brief on Proposed Voluntary Commitments) by Dmarcian Europe BV (Millen, Pressly)
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Filing 31
RESPONSE in Opposition re #22 MOTION to Dismiss by Dmarcian, Inc.. Replies due by 5/7/2021 (Duffy, Pamela)
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Filing 30
DECLARATION of Timothy Draegen (Second Supplemental) filed by Dmarcian, Inc. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H)(Duffy, Pamela)
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Minute Entry: MOTION HEARING held before Chief Judge Martin Reidinger on 4/23/2021 re: #6 Motion for Preliminary Injunction. Motion taken under advisement. Counsel to file their joint, or individual brief(s), as outlined by the court, by 4/30/2021. Plaintiff's attorneys: Pamela S. Duffy and David A. Dorey. Defendants' attorneys: Pressly M. Millen and Samuel B. Hartzell. Court reporter: Tracy Dunlap (828-771-7217). (maf) Modified text on 4/26/2021 to correct Brief(s) due date to 4/30/2021. NEF Regenerated. (kby)
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Set Deadlines: Brief(s) with respect to the #6 Motion for Preliminary Injunction due by 4/30/2021. (maf)
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Filing 29
REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Dmarcian, Inc.. (Attachments: #1 Exhibit A)(Duffy, Pamela)
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Filing 28
SUMMONS Returned Executed by Dmarcian, Inc.; Dmarcian Europe BV served on 4/15/2021, answer due 5/6/2021. (Duffy, Pamela) NEF Regenerated. Modified text on 4/21/2021 (hms).
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Set/Reset Deadlines: Dmarcian Europe BV answer due 5/6/2021. (hms)
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TEXT-ONLY ORDER granting #27 Motion for Leave to File Excess Pages Text of Order: The Plaintiff's Motion is GRANTED, and the Plaintiff shall have leave to file a reply brief in excess of 10 pages. Such brief shall not exceed 15 pages, exclusive of caption and signature pages, and shall be double-spaced and in 14-point font. So Ordered. Entered by Chief Judge Martin Reidinger on 4/21/21. (LMR)
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Filing 27
MOTION for Leave to File Excess Pages in Reply Brief by Dmarcian, Inc.. Responses due by 5/4/2021 (Duffy, Pamela)
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Filing 26
NOTICE of Filing by Dmarcian Europe BV re #22 MOTION to Dismiss (Attachments: #1 Exhibit 1-Declaration of Hub J. Harmeling, #2 Exhibit A-Annex 2 - Enterprise Court Order of September 7 and 10, 2020, #3 Exhibit B-Order of Rotterdam Court February 1, 2021, #4 Exhibit C-Message from Court-appointed director of dmarcian Europe BV via dmarcian.eu, #5 Exhibit 2-Declaration of Alfred Meijboom, #6 Exhibit A-Service Documents re Summons, #7 Exhibit B-Emails re Rotterdam Decision, #8 Exhibit C-Service Documents re Rotterdam Decision and Amendment Decision, #9 Exhibit 3-Declaration of Martijn Groeneweg, #10 Exhibit A-2016-12-07 Email from Draegen, #11 Exhibit B-2016-12-07 Email from Groeneweg, #12 Exhibit C-2016-12-08 Email from Groeneweg, #13 Exhibit D-2016-12-08 Email from Draegen, #14 Exhibit E-2017-09-29 Email from Draegen, #15 Exhibit F-2018-08-06 Email from Draegen, #16 Exhibit G-2019-08-21 Slack, #17 Exhibit H-2019-12-03 Attachment to Email from Exhibit C - 2016-12-08 Email from Groeneweg, #18 Exhibit I-2019-12-04 Email from Draegen, #19 Exhibit J-2021-04-12 Sales 2020-21)(Millen, Pressly)
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Filing 25
MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Dmarcian Europe BV. Replies due by 4/26/2021 (Millen, Pressly)
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Filing 24
NOTICE of Appearance by Samuel B. Hartzell on behalf of Dmarcian Europe BV (Hartzell, Samuel)
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Filing 23
MEMORANDUM in Support re #22 MOTION to Dismiss by Dmarcian Europe BV. (Millen, Pressly)
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Filing 22
MOTION to Dismiss by Dmarcian Europe BV. Responses due by 5/3/2021 (Millen, Pressly)
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Filing 21
Consent MOTION for Leave to File Excess Pages (Defendant's Motion on Consent for Permission to Exceed Page Limit) by Dmarcian Europe BV. Responses due by 5/3/2021 (Millen, Pressly)
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TEXT-ONLY ORDER granting #21 Motion for Leave to File Excess Pages Text of Order: The Defendant's Motion is GRANTED, and the Defendant shall have leave to file a brief in excess of 25 pages. Such brief shall not exceed 38 pages, exclusive of caption and signature pages, and shall be double-spaced and in 14-point font. So Ordered. Entered by Chief Judge Martin Reidinger on 4/19/21. (LMR)
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Filing 20
NOTICE of Filing of Translated Documents from Foreign Proceedings by Dmarcian, Inc. re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Duffy, Pamela)
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TEXT-ONLY ORDER granting #18 Motion for Extension of Time for Filing of Supplemental Evidence Text of Order: For the reasons stated in the Plaintiff's Motion to Extend Time [Doc. 18], and with the Defendant's consent, Plaintiff's Motion is GRANTED, and the deadline to file the supplemental evidence specifically referred to in Plaintiff's Motion is hereby extended to April 9, 2021. So Ordered. Entered by Chief Judge Martin Reidinger on 4/8/21. (TWG)
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Filing 19
AMENDED COMPLAINT (First) with Jury Demand against Dmarcian, Inc., filed by Dmarcian, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Duffy, Pamela)
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Filing 18
MOTION for Extension of Time for Filing of Supplemental Evidence by Dmarcian, Inc.. Responses due by 4/21/2021 (Duffy, Pamela)
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Filing 17
DECLARATION of Timo Jansen filed by Dmarcian, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Duffy, Pamela)
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Filing 16
DECLARATION of Timothy Draegen (Supplemental) filed by Dmarcian, Inc. (Attachments: #1 Exhibit C, #2 Exhibit D)(Duffy, Pamela)
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Filing 15
DECLARATION of Shannon Draegen (Supplemental) filed by Dmarcian, Inc. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L)(Duffy, Pamela)
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Filing 14
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice added David A. Dorey for Dmarcian, Inc. (Pro Hac Vice Attorney served via NEF) Signed by Chief Judge Martin Reidinger on 4/6/2021. (khm)
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Notice to David A. Dorey: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 4/13/2021. (khm) Modified text on 4/6/2021. (khm)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice as to David A. Dorey Filing fee $ 288, receipt number 0419-4967159. by Dmarcian, Inc.. (Duffy, Pamela)
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Filing 12
ORDER that Plaintiff's #6 MOTION for Temporary Restraining Order is DENIED; Plaintiff's #6 MOTION for Preliminary Injunction is HELD IN ABEYANCE pending further presentation of evidence and briefing by the parties. Plaintiff may supplement its evidence in support of its Motion for Preliminary Injunction within 7 days of the entry of this Order. Defendant's response to Plaintiff's Motion for Preliminary Injunction shall be filed no later than 4/19/2021, with Plaintiff's reply to be filed by 4/21/2021. The parties shall appear on 4/23/2021 at 10:00 a.m. in Courtroom 1, United States Courthouse, 100 Otis Street, Asheville, North Carolina 28801, before Chief Judge Martin Reidinger for a hearing on the Plaintiff's Motion for Preliminary Injunction. Signed by Chief Judge Martin Reidinger on 3/31/2021. (khm)
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NOTICE of Hearing on Motion re: #6 MOTION for Preliminary Injunction: Motion Hearing set for 4/23/2021 at 10:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document. (khm)
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Filing 11
MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order and Preliminary Injunction by Dmarcian Europe BV. Replies due by 4/6/2021 (Attachments: #1 Exhibit Declaration of Timothy Draegen in Support of Motions to Quash Service of Summons for Lack of Personal Jurisdiction)(Millen, Pressly)
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Filing 10
NOTICE OF Appearance and REQUEST for Briefing Schedule by Pressly M. Millen on behalf of Dmarcian Europe BV (Attachments: #1 Exhibit A - Enterprise Court Orders of Sept. 7 and 10, 2020, #2 Exhibit B - Order of Roterdam Court February 1, 2021)(Millen, Pressly) Modified on 3/29/2021 to change event to a motion. (khm)
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TEXT-ONLY ORDER granting in part and denying in part #10 REQUEST for Briefing Schedule. Text of Order: The Defendant's request to submit briefing is hereby granted in part and denied in part. Specifically, the request is granted to the extent that the Defendant shall have until 12:00 pm on March 30, 2021 to respond to the Plaintiff's motion for a temporary restraining order and the Defendant shall have until April 19, 2021 to respond to the Plaintiff's motion for preliminary injunction. So Ordered. Entered by Chief Judge Martin Reidinger on 3/29/2021. (khm)
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Filing 9
DECLARATION of Timothy Draegen re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dmarcian, Inc. (Attachments: #1 Exhibit TD Exh A, #2 Exhibit TD Exh B)(Duffy, Pamela)
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Filing 8
DECLARATION re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dmarcian, Inc. (Attachments: #1 Exhibit SD Exh A, #2 Exhibit SD Exh B-1, #3 Exhibit SD Exh B-2, #4 Exhibit SD Exh B-3, #5 Exhibit SD Exh B-4, #6 Exhibit SD Exh C-1, #7 Exhibit SD Exh C-2, #8 Exhibit SD Exh C-3, #9 Exhibit SD Exh C-4, #10 Exhibit SD Exh D, #11 Exhibit SD Exh E, #12 Exhibit SD Exh F, #13 Exhibit SD Exh G-1, #14 Exhibit SD Exh G-2)(Duffy, Pamela)
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Filing 7
MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order and Preliminary Injunction by Dmarcian, Inc.. (Duffy, Pamela)
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Filing 6
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Dmarcian, Inc. Responses due by 4/8/2021. (Duffy, Pamela) Added additional motion relief for Preliminary Injunction on 3/31/2021. (khm)
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TEXT-ONLY ORDER granting #5 Motion for Leave to File Excess Pages Text of Order: The Plaintiff's Motion is GRANTED, and the Plaintiff shall have leave to file a brief in excess of 25 pages. Such brief shall not exceed 38 pages, exclusive of caption and signature pages, and shall be double-spaced and in 14-point font. So Ordered. Entered by Chief Judge Martin Reidinger on 3/24/21. (LMR)
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Filing 5
MOTION for Leave to File Excess Pages by Dmarcian, Inc.. Responses due by 4/6/2021 (Duffy, Pamela)
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Filing 4
Corporate Disclosure Statement by Dmarcian, Inc. (Duffy, Pamela)
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Filing 3
REPORT on the Filing of of a copyright action. (rhf) Modified text on 3/16/2021 (rhf).
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Filing 2
Summons Issued Electronically as to Dmarcian Europe BV. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (rhf)
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Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (rhf)
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***Assignment made in error. Magistrate Judge W. Carleton Metcalf no longer assigned to case. (khm)
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Filing 1
COMPLAINT against Dmarcian Europe BV with Jury Demand (Filing fee $402 receipt number 0419-4937815), filed by Dmarcian, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Duffy, Pamela) Modified text on 3/15/2021 (rhf).
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| Defendant: dmarcian Europe BV | |
| Represented By: | Samuel B. Hartzell |
| Represented By: | Pressly M. Millen |
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| Plaintiff: dmarcian, Inc. | |
| Represented By: | Pamela S. Duffy |
| Represented By: | David A. Dorey |
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