Cavaliers Operating Company, LLC et al v. Ticketmaster et al
| Cavaliers Operating Company, LLC and Flash Seats, LLC |
| Ticketmaster, Ticketmaster LLC and Ticketmaster-Indiana |
| 1:2007cv02317 |
| July 30, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Kathleen M O'Malley |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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| Filing 125 True copy of order from the USCA for the Sixth Circuit: The appeal is dismissed, upon stipulation of the parties re #93 (USCA# 08-4543). Date issued by USCA 6/23/09 (H,SP) |
Filing 124
Order As the Court has been advised that these consolidated cases (1:07cv2317 and 1:08cv240) have been settled, it is not necessary that these actions remain upon the calendar of the Court. It is ORDERED that these actions are hereby closed. They shall be marked as settled and dismissed, with prejudice, each party to bear its own costs.The Court, however, retains jurisdiction for the following reasons: (1) so that the parties can file, if they so choose, any necessary documents further memorializing the settlement agreement (e.g., dismissal documents); (2) to vacate this Order and reopen the actions upon cause shown that settlement has not been completed and further litigation is necessary; or (3) to alter the terms of the settlement and dismissals upon agreement of the parties. Related document #123 . Signed by Judge Kathleen M. O'Malley on 5/29/09. (K,K)
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Filing 123
Order. The parties have informed the Court that they have reached a settlement agreement fully resolving these cases, and that one of the terms of the settlement is an agreement to lift the injunction the Court previously entered prohibiting the Cavaliers from utilizing Flash Seats products and services. The Court Orders the injunction lifted effective immediately. Judge Kathleen M. O'Malley on 5/22/2009.(H,CM)
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Filing 122
Order & Waiver. As outlined herein, the Court agrees to assist the parties in their settlement negotiations. Judge Kathleen M. O'Malley on 5/22/2009. (H,CM)
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| Filing 121 Reply to response to #114 Renewed Motion to Suspend Injunction Pending Appeal filed by Cavaliers Operating Company, LLC. (Karp, Marvin) Modified text on 5/22/2009 (B,B). |
| Filing 120 SEALED Document: Exhibit B to Declaration of Robert H. Platt in Support of Ticketmaster's Opposition to The Cavaliers' Renewed Motion to Suspend the Injunction filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #66 , #118 , #117 . (Parker, John) |
| Filing 119 Notice of Objections to the Declaration of Michael Tomon filed by all defendants. (Parker, John) |
| Filing 118 Notice of Manual Filing filed by all defendants. Attorney has filed the document electronically, see #120 . (Related document(s) #117 ) (Parker, John) Modified on 5/22/2009 (H,SP). |
| Filing 117 Opposition to #114 Motion to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule filed by all defendants. (Attachments: #1 Declaration of Robert Platt, #2 Exhibit A, #3 Exhibit B)(Parker, John) Modified text on 5/21/2009 (B,B). |
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Filing 116
Order. The Court Orders parties to appear in Chambers 16A on 5/22/2009 at 01:00 PM to conduct settlement negotiations. Attorneys, as well as client representatives with full settlement authority, shall attend. Judge Kathleen M. O'Malley on 5/19/2009. (H,CM)
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| Filing 115 Minutes of proceedings before Judge Kathleen M. O'Malley. Telephone Status Conference held on 5/18/2009. The parties will contact the Court by 5:00 P.M. E.S.T. today to address their interest in mediation this week. Ticketmaster has until the close of business Wednesday, May 20, 2009 to file a response to the Cavalier's Motion to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule (Doc. No. 206 in Case No. 1:08cv240). (Court Reporter: None.)Time: 35 minutes. (K,K) |
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Order (non-document) The Court hereby sets a Telephone Status Conference for 5/18/2009 at 11:00 AM before Judge Kathleen M. O'Malley. The Cavaliers shall establish the conference call-in number and inform the Court and the other parties prior to the conference. Approved by Judge Kathleen M. O'Malley on 5/15/2009. (K,K)
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| Filing 114 Renewed Motion to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule filed by Plaintiff Cavaliers Operating Company, LLC. (Attachments: #1 Declaration)(Karp, Marvin) Modified text on 5/14/2009 (B,B). |
| Filing 113 Notice of Withdrawal of James R. Wooley as Counsel filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Parker, John) Modified text on 3/26/2009 (B,B). |
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Order [non-document] granting parties' Joint Motion to extend stay of proceedings until 5/4/2009 (Related Doc #112 ). Judge Kathleen M. O'Malley on 3/24/2009.(H,CM)
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| Filing 112 Joint Motion to extend the stay of Proceedings filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Anastos, Thomas) Modified text on 3/20/2009 (B,B). |
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Filing 111
Order. Parties' Joint Motion to extend stay of proceedings (Related Doc #110 ) is GRANTED. In light of this extension, the Court DENIES WITHOUT PREJUDICE, for record purposes only, all pending motions outlined herein (Related Doc #'s #57 , #94 , #95 , #98 , #102 ). Parties to notify the Court of their desire to renew motions if and when the stay is lifted. The Court will then consider the motions as filed, and no prejudice will result from this Order. Judge Kathleen M. O'Malley on 1/30/2009.(H,CM)
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| Filing 110 Joint Motion to stay Proceedings filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Kimmel, Heather) |
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Order [non-document] granting Motion to stay proceedings (Related Doc #109 ). Approved by Judge Kathleen M. O'Malley on 12/11/08.(K,K)
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| Filing 109 Joint Motion to stay Proceedings filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Anastos, Thomas) |
| Filing 108 Status Report filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Herbe, Donald) |
| Filing 107 Opposition to #102 Motion to stay Proceedings filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 106 Status Report filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Kimmel, Heather) |
| Filing 105 Reply to response to #98 Motion to strike Declaration of Michael Ondrejko filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 104 Memorandum & Order. Although the Court does not fully resolve the Cavaliers' motion to stay all proceedings #102 at this point in time, discovery with respect to damages flowing from the Cavaliers' breach of the LUA is hereby STAYED until further notice. Judge Kathleen M. O'Malley on 11/18/2008. (H,CM) |
| Filing 103 Acknowledgment from the USCA for Sixth Circuit of receipt of #93 Notice of Appeal (USCA# 08-4543). Date filed in USCA 11/14/08. (H, SP) |
| Filing 102 Motion to stay Proceedings filed by Plaintiff Cavaliers Operating Company, LLC. (Anastos, Thomas) |
| Filing 101 Opposition to #98 Motion to strike Declaration of Michael Ondrejko filed by Cavaliers Operating Company, LLC. (Anastos, Thomas) |
| Filing 100 Reply to response to #94 Motion for Order Suspending Injunction Pending Appeal (in Support) filed by Cavaliers Operating Company, LLC. (Attachments: #1 Affidavit Declaration of Anthony Bondi)(Karp, Marvin) |
| Filing 99 Opposition to #94 Motion for Order Suspending Injunction Pending Appeal filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Affidavit Declaration of Robert Platt, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Wooley, James) |
| Filing 98 Motion to strike Declaration of Michael Ondrejko filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #94 . (Wooley, James) |
| Filing 97 Status Report filed by all plaintiffs. (Kruppa, Andrew) |
| Filing 96 Status Report filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Kimmel, Heather) |
| Filing 95 Motion for Order Expediting Briefing on Motion to Suspend Injunction Pending Appeal filed by Plaintiff Cavaliers Operating Company, LLC. (Anastos, Thomas) |
| Filing 94 Motion for Order Suspending Injunction Pending Appeal filed by Plaintiff Cavaliers Operating Company, LLC. (Attachments: #1 Ondrejko Declaration)(Karp, Marvin) |
| Filing 93 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #92 Opinion and Order of 9/30/08, filed by Cavaliers Operating Company, LLC. (Filing fee of $455 paid, receipt number 06470000000003231144) (Castrodale, Joseph). Modified text on 10/3/2008 (H, SP). |
| Filing 92 Opinion & Order. The Court finds that the Cavaliers breached Ticketmaster's exclusive rights as set forth in the LUA. The Court ORDERS discovery on the assessment of damages due to the breach of Ticketmaster's exclusive rights, to commence immediately and proceed as set forth herein. The Court GRANTS Ticketmaster's request for specific performance of the LUA. The Cavaliers are hereby enjoined from using Flash Seats' products and services to sell or resell Cavaliers tickets of any kind. Ticketmaster's Motion to Dismiss Counts I Through V of the Amended Complaint (Doc. #25 , Case No. 07cv2317), and Ticketmaster's Motion to Dismiss Counterclaims (Doc. 105, Case No. 08cv240) are hereby TERMED and CONVERTED to motions for summary judgment under Rule 56. Procedure for evaluating Ticketmaster's challenge to the Cavaliers/Flash Seats' claims and counterclaims will be established following the issuance of the Court's opinion in connection with the bench trial in the Breach of Contract Case. Judge Kathleen M. O'Malley on 9/30/2008.(H,CM) |
| Filing 91 Joint Status Report filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Herbe, Donald) |
| Filing 90 Status Report filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Kimmel, Heather) |
| Filing 89 Joint Brief in response. filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Weinstein, Joseph) Modified text on 8/20/2008 (S,J). |
| Filing 88 Brief in Response to Cavaliers' and Flash Seats Supplemental Briefs filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Exhibit Exhibit 1, #2 Affidavit Declaration of Steven Sletten, #3 Exhibit Exhibit 2) (Wooley, James) |
| Minutes of proceedings [non-document] before Judge Kathleen M. O'Malley. Bench Trial closing arguments begun and concluded on 8/13/2008. Court takes matter under advisement. (Court Reporter Judy Gage; time: 4 hrs.) (H,CM) |
| Filing 87 Supplemental Brief on Antitrust Injury, filed by Flash Seats, LLC. (Weinstein, Joseph) |
| Filing 86 Supplemental Brief In Support of Ticketmaster's Motion to Dismiss filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Exhibit 1, #2 Declaration of Steven E. Sletten, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Wooley, James) |
| Filing 85 Supplement Memorandum Regarding Antitrust Injury filed by Cavaliers Operating Company, LLC. (Schulz, Isaac) |
| Filing 84 Proposed Findings of Fact and Conclusions of Law filed by Cavaliers Operating Company, LLC. (Karp, Marvin) |
| Filing 83 Post Trial Brief filed by Cavaliers Operating Company, LLC. (Karp, Marvin) |
| Filing 82 Proposed Findings of Fact and Conclusions of Law filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 81 Post Trial Brief filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
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Order (non-document). Deadlines for filing supplemental briefs in connection with Ticketmaster's pending motion to dismiss are extended by one day. Judge Kathleen M. O'Malley on 8/1/2008. (H,CM)
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Filing 80
Order The parties shall file supplemental briefs in connection with Ticketmaster's motions to dismiss. On or before August 4, 2008, the Cavaliers and Flash Seats shall file separate supplemental briefs regarding antitrust injury. Ticketmaster may file a response to the Cavaliers' and Flash Seats' supplemental briefs regarding antitrust injury within 10 days. On or before August 4, 2008, Ticketmaster shall file a supplemental brief explaining its position with respect to market definition. The Cavaliers and Flash Seats may file a joint response to Ticketmaster's supplemental brief regarding market definition within 10 days. Related documents #18 , #25 . Signed by Judge Kathleen M. O'Malley on 7/24/08. (K,K)
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| Filing 79 Exhibit and Witness List re: Bench Trial held 7/10-11/2008. (H,CM) |
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Filing 78
Order. The Court rules on the admissibility of exhibits as outlined herein. Judge Kathleen M. O'Malley on 7/15/2008. (H,CM)
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| Filing 77 Joint Exhibit List Submission filed by Cavaliers Operating Company, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 76 Status Report filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Herbe, Donald) |
| Filing 75 Status Report filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Kimmel, Heather) |
| Minutes of proceedings [non-document] before Judge Kathleen M. O'Malley.Bench Trial held on 7/10/2008. Opening statements of counsel. Plaintiffs' case begun and not concluded. Testimony taken. Adjourned until 7/11/2008 at 09:30 AM in Courtroom 16A. (Court Reporter Bruce Matthews; time: 7.5 hrs.) (H,CM) |
| Minutes of proceedings [non-document] before Judge Kathleen M. O'Malley. Bench Trial held 7/11/2008. Plaintiffs' case continued and concluded. Defendants' case begun and concluded. Testimony taken. Adjourned until 8/13/2008 at 01:30 PM in Courtroom 16A. Simultaneous post trial briefs due by 8/4/2008.(Court Reporter Bruce Matthews; Time: 7 hrs.) (H,CM) Modified on 7/15/2008 (H,CM). |
| Filing 74 Amended Exhibit List filed by Cavaliers Operating Company, LLC. (Anastos, Thomas) |
| Filing 73 Notice of Objection to Exhibits filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 72 Notice of Response to Objection to Ticketmaster's Exhibits filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #71 .(Wooley, James) |
| Filing 71 Notice of Objections to Ticketmaster's Exhibits filed by Cavaliers Operating Company, LLC. (Anastos, Thomas) |
| Filing 70 Exhibit List filed by Cavaliers Operating Company, LLC. (Castrodale, Joseph) |
| Filing 69 Exhibit List filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 68 Trial Brief filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 67 Trial Brief filed by Cavaliers Operating Company, LLC. (Attachments: #1 Appendix "A", #2 Appendix "B", #3 Appendix "C", #4 Appendix "D", #5 Appendix "E", #6 Appendix "F")(Karp, Marvin) |
| Filing 66 Stipulated Protective Order. Judge Kathleen M. O'Malley on 7/3/2008. (H,CM) |
| Filing 65 Notice of Hearing. Final Pretrial Conference RESET for 7/9/2008 at 09:30 AM before Judge Kathleen M. O'Malley. (H,CM) |
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Filing 64
Order. The Court will reserve judgment on the copyright preemption issue raised by the Cavaliers (Related Doc #57 ) until the conclusion of the bench trial. Further, evidence related to sections 2(c), 24, and 28 of the LUA is relevant to Ticketmaster's breach of contract claim alleging that the Cavaliers breached the exclusivity agreement in the LUA via their use of Flash Seats, LLC's products and services, and may be presented at the bench trial in this matter. Judge Kathleen M. O'Malley on 7/3/2008.(H,CM)
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Order [non-document] granting Joint #63 Motion to Extend Deadlines relating to bench trial filings. Judge Kathleen M. O'Malley on 7/3/2008.(H,CM)
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| Filing 63 Joint Motion for extension of Relating to Exhibit Lists, Deposition Designations, and Exhibit Binders until July 8 and July 9 filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 62 Reply to response to #57 Motion to clarify Regarding Copyright Preemption and Right to Jury Trial filed by Cavaliers Operating Company, LLC. (Karp, Marvin) |
| Filing 61 Response to #57 Motion to clarify Regarding Copyright Preemption and Right to Jury Trial filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Wooley, James) |
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Order (non-document). Bench trial briefs shall be filed by 2:00 P.M. E.S.T. on 7/3/2008 and shall not exceed 40 pages in length. Consult Local Rule 7.1(f) regarding formatting. Judge Kathleen M. O'Malley on 6/30/2008. (H,CM)
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| Filing 59 Designation of Expert filed by Cavaliers Operating Company, LLC. Related document(s) #53 . (Castrodale, Joseph) |
| Filing 58 Proposed Order - Stipulated Protective Order filed by all parties. (Anastos, Thomas) |
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Order (non-document). Ticketmaster shall submit its response to Cavaliers' Motion to Clarify Regarding Copyright Preemption and Right to a Jury Trial #57 on or before 7/1/2008. Judge Kathleen M. O'Malley on 6/26/2008. (H,CM)
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| Filing 60 Letter addressed to Z. Meral Ozsouoglu to be serve as an Agreement between Ulmer & Berne filed by Cavaliers Operating Company, LLC. (E,P) |
| Filing 57 Motion ("titled memorandum") to clarify Regarding Copyright Preemption and Right to Jury Trial filed by Plaintiff Cavaliers Operating Company, LLC. (Attachments: #1 Exhibit "A")(Karp, Marvin) Modified text on 7/10/2008 (C,B). |
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Filing 56
Minutes of proceedings/Order. Telephone Status Conference held on 6/24/2008. The Court ORDERED as follows: (1) Production of materials described in ECF Doc. 135, Case No. 08cv240, shall commence immediately and the parties shall prepare, execute, and file a protective order consistent with the parameters described by the Court on the record as soon as possible; (2) the Cavaliers may file a brief in support of their position regarding copyright pre-emption on or before 6/25/2008, and, to determine a timetable for a response to such a brief, Ticketmaster may contact the Court's law clerk; (3) the final pretrial in the breach of contract bench trial is re-scheduled for 7/8/2008 at 2:00 P.M.; (4) the deadline for filing bench trial briefs is extended to 7/3/2008. Signed by Judge Kathleen M. O'Malley on 6/25/2008. (Court Reporter Judy Gage.) (H,CM)
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| Filing 55 Witness List filed by Cavaliers Operating Company, LLC. (Phillips, Gregory) |
| Filing 54 Witness List filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
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Filing 53
Order. Cavalier's Motion for leave to designate an expert (Related Doc #49 ) is GRANTED, except to the extent that the deadlines in this Order are not identical to those requested. Judge Kathleen M. O'Malley on 6/23/2008.(H,CM)
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| Filing 52 Notice of Hearing. Status Hearing set on 6/24/2008 at 10:00 a.m. RESET to be telephonic. Plaintiffs' counsel shall arrange conference and provide call in number to the Court. (H,CM) |
| Filing 51 Reply to response to #49 Motion for leave to Designate an Expert filed by Cavaliers Operating Company, LLC. (Karp, Marvin) Modified text on 6/23/2008 (B,B). |
| Filing 50 Opposition to #49 Motion for leave to Designate an Expert filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 49 Motion for leave to Designate an Expert filed by Plaintiff Cavaliers Operating Company, LLC. (Karp, Marvin) |
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Order [non-document] granting #48 Motion to Extend Deadlines to dates stated in the motion. Judge Kathleen M. O'Malley on 6/17/08.(K,K)
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| Filing 48 Joint Motion for extension of Deadlines Relating to Witness Lists, Deposition Designations, and Proposed Exhibit Lists until June 23 and July 3, 2008 filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Castrodale, Joseph) |
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Filing 47
Order. Ticketmaster is hereby Ordered to respond to the Cavaliers' Revised Requests for Production, as set forth in the letter dated June 11, 2008 from Mr. Marvin L. Karp on behalf of the Cavaliers to Mr. Robert H. Platt and Mr. James R. Wooley, attorneys for Ticketmaster. Ticketmaster is ordered to produce responsive documents on a rolling basis as they are obtained, and the production must be complete by Friday, June 27, 2008. Judge Kathleen M. O'Malley on 6/16/08. (K,K)
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| Filing 46 Minutes of proceedings before Judge Kathleen M. O'Malley. Discovery Telephone Conference held on 6/10/2008 (Court Reporter None.) (H,CM) |
| Filing 45 Minutes of proceedings before Judge Kathleen M. O'Malley. Telephone Status Conference held on 5/30/2008. As discussed, Ticketmaster to supplement its position statement within five (5) calendar days. (Court Reporter None.) (H,CM) |
| Filing 44 Status Report dated May 29, 2008 filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Kruppa, Andrew) |
| Filing 43 Status Report of May 29, 2008 filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 42 Notice Containing Flash Seats' Explanation of Its Position Regarding the Scope of the July 10-11 Bench Trial filed by Flash Seats, LLC. (Kruppa, Andrew) |
| Filing 41 Brief Position Statement on Scope of Trial filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 40 Notice Containing Statement Regarding Scope of Bench Trial filed by Cavaliers Operating Company, LLC. (Attachments: #1 Exhibit Relevant Interrogatory Responses)(Anastos, Thomas) |
| Filing 39 Notice of Hearing. Status Conference RESET for 6/24/2008 at 10:00 AM in Chambers 16A before Judge Kathleen M. O'Malley. (H,CM) |
| Filing 38 Reply to response to #25 Motion to dismiss Counts I-V of the Amended Complaint filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
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Order [non-document] entered 5/6/2008 granting Plaintiffs Ticketmaster's Motions for attorneys Robert H. Platt and Steven E. Sletten to appear pro hac vice (Related doc #'s #36 , #37 ). Judge Kathleen M. O'Malley(H,CM)
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Order [non-document] entered 5/6/2008 granting Cavaliers' Motion for order that objections to written discovery be served within 15 days (Related Doc #35 ).Judge Kathleen M. O'Malley (H,CM)
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| Filing 37 Motion for attorney Robert Platt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002994909, filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Affidavit Of Robert Platt)(Wooley, James) |
| Filing 36 Motion for attorney Steven Sletten to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002994862, filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Affidavit Of Steven Sletten)(Wooley, James) |
| Filing 35 Motion for Order that Objections to Written Discovery Be Served Within Fifteen Days filed by Plaintiff Cavaliers Operating Company, LLC. (Phillips, Gregory) |
| Filing 34 Opposition to #25 Motion to dismiss Counts I-V of the Amended Complaint filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Kruppa, Andrew) |
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Filing 33
Amended Trial Order. Amended to correct certain due dates and deadlines #32 only. Signed by Judge Kathleen M. O'Malley on 4/15/2008. (H,CM)
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Filing 32
Trial Order. Final Pretrial Conference set for 7/7/2008 at 01:30 PM and Bench Trial set for 7/10/2008 at 09:30 AM in Courtroom 16A. Signed by Judge Kathleen M. O'Malley on 4/14/2008. (H,CM)
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Filing 31
Case Management Order. Case Management Conference held on 4/2/2008. Cases 1:07CV2317 and 1:08CV240 are hereby consolidated #23 and assigned to complex track. Case is not suitable for ADR. Parties do not consent to jurisdiction of Magistrate Judge. Discovery, briefing and motion practice to proceed as set forth herein. Status reports due every 45 days. Status Conference set for 5/28/2008 at 03:30 PM in Chambers 16A. Signed by Judge Kathleen M. O'Malley on 4/14/2008 (Court Reporter None.) (H,CM)
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| Filing 30 Notice Statement Of Compliance With Appendix K filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Wooley, James) |
| Filing 29 Notice : Statement of Compliance with Appendix K filed by Cavaliers Operating Company, LLC. (Phillips, Gregory) |
| Filing 28 Notice : Statement of Compliance with Appendix K, filed by Flash Seats, LLC. (Kruppa, Andrew) |
| Filing 27 Notice of Hearing. Case management conference RESET* to be held on 4/2/2008 at 11:00 AM at Chambers 16A before Judge Kathleen M. O'Malley. (*Please note new time.) (H,CM) |
| Filing 26 Joint Position Statement re: Case Management Conference Agenda filed by Cavaliers Operating Company, LLC, Flash Seats, LLC, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #19 .(Kruppa, Andrew) |
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Order [non-document] entered 3/21/2008 granting Plaintiff Flash Seats' Motions for attorneys Edward A. Geltman, Christopher H. Gordon and Iain R. McPhie to appear pro hac vice (Related Doc #'s #20 , #21 , #22 ). Judge Kathleen M. O'Malley (H,CM)
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Order [non-document] entered 3/21/2008 granting Ticketmaster's #24 Motion to Extend time until 4/9/2008 to respond to motion to consolidate. Judge Kathleen M. O'Malley (H,CM)
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| Filing 25 Motion to dismiss Counts I-V of the Amended Complaint filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #18 . (Attachments: #1 Brief in Support Memorandum in Support of Motion To Dismiss Counts I-V, #2 Exhibit A-- Unreported Cases)(Wooley, James) |
| Filing 24 Unopposed Motion for extension of Time to Respond to Motion to Consolidate filed by Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. Related document(s) #23 . (Wooley, James) |
| Filing 23 Joint Motion to consolidate cases and to have Case No. 1:07-CV-02317 Take Precedence filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Weinstein, Joseph) |
| Filing 22 Motion for attorney Iain R. McPhie to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002898478, filed by Plaintiff Flash Seats, LLC. (Attachments: #1 Affidavit of Iain R. McPhie)(Weinstein, Joseph) |
| Filing 21 Motion for attorney Christopher H. Gordon to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002898436, filed by Plaintiff Flash Seats, LLC. (Attachments: #1 Affidavit of Christopher H. Gordon)(Weinstein, Joseph) |
| Filing 20 Motion for attorney Edward A. Geltman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002898412, filed by Plaintiff Flash Seats, LLC. (Attachments: #1 Affidavit of Edward A. Geltman)(Weinstein, Joseph) |
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Filing 19
Case Management Conference Scheduling Order with case management conference to be held on 4/2/2008 at 01:00 PM at Courtroom 16A before Judge Kathleen M. O'Malley.. Signed by Judge Kathleen M. O'Malley on 2/29/08. (R,Sh)
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| Filing 18 Amended complaint for Antitrust Violations and for Declaratory and Injunctive Relief against all defendants, filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Castrodale, Joseph) |
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Order [non-document] granting Motion to lift stay (Related Doc #17 ). Case Management Conference Scheduling Order to follow. Judge Kathleen M. O'Malley, entered on 2/29/08.(R,Sh)
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| Filing 17 Joint Motion to lift stay of Proceedings, filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Attachments: #1 Exhibit A-Order Denying Motion To Dismiss)(Weinstein, Joseph) |
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Filing 16
Amended Opinion & Order. The Court issued a brief Order #15 on 10/9/2007 GRANTING Defendants' Motion to Stay Proceedings (Doc. #8 ) and STAYING proceedings in this case. The Court now issues this Order to further articulate its reasoning; this Amended Opinion & Order does not alter the Court's 10/9/2007 ruling in any way. Signed by Judge Kathleen M. O'Malley on 10/30/2007.(H,CM)
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Filing 15
Order. Defendants' Motion to stay proceedings #8 is GRANTED. Case STAYED pending adjudication of Ticketmaster-Indiana's Motion to Enjoin Defendants' Prosecution of their Later Filed Ohio Action, which is now pending before the U.S. District Court for the Central District of California. Signed by Judge Kathleen M. O'Malley on 10/9/2007.(H,CM)
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| Filing 14 Reply in support of #8 Motion to stay proceedings filed by all defendants. (Attachments: #1 Exhibit Exhibit A, Unreported Cases)(Wooley, James) |
| Filing 13 Opposition to #8 Motion to stay proceedings filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Attachments: #1 Exhibit A, Flash Seats' Motion to Dismiss#2 Exhibit B, Cavaliers' Motion to Dismiss)(Castrodale, Joseph) |
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Order [non-document] entered 9/6/2007 granting plaintiffs' #12 Motion for Extension of Time until 9/7/2007 to respond to motion to stay proceedings. Judge Kathleen M. O'Malley (H,CM)
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| Filing 12 Motion for extension of time until September 7, 2007 to Oppose Defendants' Motion to Stay filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. Related document(s) #8 . (Castrodale, Joseph) |
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Order [non-document] entered 8/17/2007 granting defendants' #9 Motion for Extension of Time to answer until 20 days after Court's ruling on motion to stay proceedings. Judge Kathleen M. O'Malley (H,CM)
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| Filing 11 Response to #9 Motion for extension of time until 20 days after ruling on Motion to Stay to answer Complaint filed by all plaintiffs. (Kruppa, Andrew) |
| Filing 10 Return of Service Executed upon Ticketmaster-Indiana by certified mail by clerk on 8/6/07 filed by Cavaliers Operating Company, LLC (R,Sh) |
| Filing 9 Motion for extension of time until 20 days after ruling on Motion to Stay to answer Complaint filed by all defendants. (Wooley, James) |
| Filing 8 Motion to stay proceedings filed by all defendants. (Attachments: #1 Brief in Support #2 Exhibit Exhibit A--Ticketmaster v. Cavaliers Complaint#3 Exhibit Exhibit B--Motion to Enjoin#4 Exhibit Exhibit C--Unreported Cases)(Wooley, James) |
| Filing 7 Return of Service Executed upon Ticketmaster LLC by Hand-Delivery to Registered Agent on 07/31/07 filed by all plaintiffs (Phillips, Gregory) |
| Filing 6 Return of Service Executed upon Ticketmaster by Hand-Delivery to Registered Agent on 07/31/07 filed by all plaintiffs (Phillips, Gregory) |
| Filing 5 Praecipe for Service by Clerk filed by Cavaliers Operating Company, LLC. (R,Sh) |
| Service by Clerk. Summons and Complaint addressed to Ticketmaster-Indiana placed in U.S. Mail. Type of service: certified mail. Receipt # 7004 2510 0007 0380 1547. (R,Sh) |
| Filing 4 Corporate Disclosure Statement filed by Flash Seats, LLC. (Weinstein, Joseph) |
| Filing 3 Magistrate Consent Form and summons issued for service upon Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana. (Attachments: #1 Ticketmaster Summons#2 2nd Summons#3 3rd Summons) (C,KA) |
| Filing 2 Corporate Disclosure Statement filed by Cavaliers Operating Company, LLC. (Castrodale, Joseph) |
| Filing 1 Complaint against all defendants ( Filing fee 350 receipt number 14660010493.). Filed by Cavaliers Operating Company, LLC, Flash Seats, LLC. (Attachments: #1 Civil Cover Sheet #2 Summons to Ticketmaster#3 Summons to Ticketmaster LLC#4 Summons to Ticketmaster-Indiana)(Castrodale, Joseph) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Baughman. (C,KA) |
| Judge Kathleen M. O'Malley assigned to case. (C,KA) |
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