Ticketmaster-Indiana et al v. Cavaliers Operating Company LLC et al
| Ticketmaster-Indiana and Ticketmaster |
| Flash Seats LLC |
| Ticketmaster LLC |
| Cavaliers Operating Company LLC |
| 1:2008cv00240 |
| January 29, 2008 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Kathleen M O'Malley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
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| Filing 217 True copy of order from the USCA for the Sixth Circuit: The appeal is dismissed, upon stipulation of the parties re #184 (USCA# 08-4423). Date issued by USCA 6/23/09 (H,SP) |
Filing 216
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. Signed by Judge Kathleen M. O'Malley on 5/29/09. Related document #215 . (K,K)
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Filing 215
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 214
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 213 Reply to response to #206 Motion for to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule filed by Cavaliers Operating Company LLC. (Karp, Marvin) |
| Filing 212 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-Indiana, Ticketmaster, Ticketmaster LLC. Related document(s) #154 , #209 , #210 . (Parker, John) |
| Filing 211 Objections to the Declaration of Michael Tomon filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Parker, John) Modified docket text on 5/21/2009 (R,N). |
| Filing 210 Notice of Manual Filing filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. Attorney filed document electronically, see #212 . (Related document(s) #209 ) (Parker, John). Modified on 5/22/2009 (H,SP). |
| Filing 209 Opposition to #206 Motion for to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Attachments: #1 Affidavit Declaration of Robert Platt, #2 Exhibit A, #3 Exhibit B)(Parker, John) |
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Filing 208
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 207 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 ). (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 5/15/09. (K,K)
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| Filing 206 Motion to Suspend Injunction Pending Appeal and for Expedited Briefing Schedule filed by Cavaliers Operating Company LLC, Cavaliers Operating Company LLC, Cavaliers Operating Company LLC, Defendant Cavaliers Operating Company LLC. (Attachments: #1 Declaration)(Karp, Marvin) |
| Filing 205 Notice of Withdrawal of Counsel filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Parker, John) |
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Order [non-document] granting parties' Joint Motion to extend stay of proceedings until 5/4/2009 (Related Doc #204 ). Judge Kathleen M. O'Malley on 3/24/2009.(H,CM)
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| Filing 204 Joint Motion to stay /Extend the Stay of Proceedings filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC. (Anastos, Thomas) |
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Filing 203
Order. Parties' Joint Motion to extend stay of proceedings (Related Doc #202 ) is GRANTED. In light of this extension, the Court DENIES WITHOUT PREJUDICE, for record purposes only, all pending motions outlined herein (Related Doc #'s #145 , #185 , #187 , #190 , #195 ). 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 202 Joint Motion to extend stay of Proceedings filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC, Cavaliers Operating Company LLC, Flash Seats LLC, Cavaliers Operating Company LLC, Flash Seats LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC. (Kimmel, Heather) Modified on 1/30/2009 (C,KA). |
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Order [non-document] granting Motion to stay proceedings (Related Doc #201 ). Approved by Judge Kathleen M. O'Malley on 12/11/2008.(H,CM)
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| Filing 201 Joint Motion to stay Proceedings filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC. (Anastos, Thomas) |
| Filing 200 Status Report filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Herbe, Donald) |
| Filing 199 Opposition to #195 Motion to stay Proceedings filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 198 Status Report filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Kimmel, Heather) |
| Filing 197 Reply to response to #190 Motion to strike Declaration of Michael Ondrejko filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 196 Memorandum & Order. Although the Court does not fully resolve the Cavaliers' motion to stay all proceedings #195 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 195 Motion to stay Proceedings filed by Defendant Cavaliers Operating Company LLC. (Anastos, Thomas) |
| Filing 194 Opposition to #190 Motion to strike Declaration of Michael Ondrejko filed by Cavaliers Operating Company LLC. (Anastos, Thomas) |
| Filing 193 Acknowledgment from the USCA for Sixth Circuit of receipt of #184 Notice of Appeal (USCA# 08-4423). Date filed in USCA 10/31/08. (H, SP) |
| Filing 192 Reply to response to #185 Motion for Order Suspending Injunction Pending Appeal filed by Cavaliers Operating Company LLC. (Attachments: #1 Declaration of Anthony Bondi)(Karp, Marvin) Modified text on 10/29/2008 (B,B). |
| Filing 191 Opposition to #185 Motion for Order Suspending Injunction Pending Appeal filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Attachments: #1 Affidavit Declaration of Robert Platt, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Wooley, James) |
| Filing 190 Motion to strike Declaration of Michael Ondrejko filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. Related document(s) #185 . (Wooley, James) |
| Filing 189 Status Report filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Kruppa, Andrew) |
| Filing 188 Status Report filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Kimmel, Heather) |
| Filing 187 Motion for Order Expediting Briefing on Motion to Suspend Injunction Pending Appeal filed by Defendant Cavaliers Operating Company LLC. (Anastos, Thomas) |
| Filing 186 Transcript of Closing Arguments held on August 13, 2008 before Judge Kathleen M. O'Malley. (Volume 3, Pages 508-660). To obtain a bound copy of this transcript please contact court reporter Judith Gage at 216-357-7238. [153 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/16/2008. Redaction Request due 10/28/2008. Redacted Transcript Deadline set for 11/7/2008. Release of Transcript Restriction set for 1/5/2009. (G,Ju) |
| Filing 185 Motion for Order Suspending Injunction Pending Appeal filed by Defendant Cavaliers Operating Company LLC. (Attachments: #1 Ondrejko Declaration)(Karp, Marvin) |
| Filing 184 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #183 Opinion and Order of 9/30/08, filed by Cavaliers Operating Company LLC. (Filing fee of $455 paid, receipt number 06470000000003231199) (Castrodale, Joseph). Modified text on 10/3/2008 (H, SP). |
| Filing 183 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 182 Joint Status Report filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Herbe, Donald) |
| Filing 181 Status Report filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Kimmel, Heather) |
| Filing 180 Joint Brief in Response filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Weinstein, Joseph) |
| Filing 179 Brief in Response to Cavaliers' and Flash Seats' Supplemental Briefs filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (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 178 Supplemental Brief on Antitrust Injury, filed by Flash Seats LLC. (Weinstein, Joseph) |
| Filing 177 Supplemental Brief In Support of Ticketmaster's Motion to Dismiss filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Attachments: #1 Exhibit 1, #2 Declaration of Steven E. Sletten, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Wooley, James) |
| Filing 176 Supplement Memorandum Regarding Antitrust Injury filed by Cavaliers Operating Company LLC. (Schulz, Isaac) |
| Filing 175 Proposed Findings of Fact and Conclusions of Law filed by Cavaliers Operating Company LLC. (Karp, Marvin) |
| Filing 174 Post Trial Brief filed by Cavaliers Operating Company LLC. (Karp, Marvin) |
| Filing 173 Proposed Findings of Fact and Conclusions of Law filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 172 Post Trial Brief filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (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 171 Transcript of Status Conference held on June 24, 2008 before Judge Kathleen M. O'Malley. To obtain a bound copy of this transcript please contact court reporter Judith Gage at 216-357-7238. [41 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/5/2008. Redaction Request due 8/15/2008. Redacted Transcript Deadline set for 8/25/2008. Release of Transcript Restriction set for 10/23/2008. (G,Ju) |
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Filing 170
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 document #105 . Signed by Judge Kathleen M. O'Malley on 7/24/08. (K,K)
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Order [non-document] granting Motion for leave to designate expert (Related Doc #138 ). Approved by Judge Kathleen M. O'Malley on 7/24/08.(K,K)
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| Filing 169 Transcript of Bench Trial held on July 11, 2008 before Judge Kathleen McDonald O'Malley. To obtain a bound copy of this transcript please contact court reporter Bruce A. Matthews at (216) 357-7207. [pages 276 through 507, Volume 2] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/28/2008. Redaction Request due 8/7/2008. Redacted Transcript Deadline set for 8/18/2008. Release of Transcript Restriction set for 10/15/2008. (M,Br) |
| Filing 168 Transcript of Bench Trial held on July 10, 2008 before Judge Kathleen McDonald O'Malley. To obtain a bound copy of this transcript please contact court reporter Bruce A. Matthews at (216) 357-7207. [275 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/28/2008. Redaction Request due 8/7/2008. Redacted Transcript Deadline set for 8/18/2008. Release of Transcript Restriction set for 10/15/2008. (M,Br) |
| Filing 167 Exhibit and Witness List re: Bench Trial held 7/10-11/2008. (H,CM) |
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Filing 166
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 165 Joint Exhibit List Submission filed by Ticketmaster-Indiana, Cavaliers Operating Company LLC, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 164 Status Report filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Herbe, Donald) |
| Filing 163 Status Report filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Kimmel, Heather) |
| 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) |
| 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 9:30 a.m. (Court Reporter Bruce Matthews; Time: 7.5 hrs.) (H,CM) |
| Filing 162 Amended Exhibit List filed by Cavaliers Operating Company LLC. (Anastos, Thomas) |
| Filing 161 Objection to Exhibits #158 filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) Modified text 7/11/2008 (C,KA). |
| Filing 160 Response to Objection to exhibit list filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. Related document(s) #159 .(Wooley, James) Modified text 7/11/2008 (C,KA). |
| Filing 159 Objection to exhibit list #157 filed by Cavaliers Operating Company LLC. (Anastos, Thomas) Modified text 7/11/2008 (C,KA). |
| Filing 158 Exhibit List filed by Cavaliers Operating Company LLC. (Castrodale, Joseph) |
| Filing 157 Exhibit List filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 156 Trial Brief filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 155 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 154 Stipulated Protective Order. Judge Kathleen M. O'Malley on 7/3/2008. (H,CM) |
| Filing 153 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 152
Order. The Court will reserve judgment on the copyright preemption issue raised by the Cavaliers (Related Doc #145 ) 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 #151 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 151 Joint Motion for extension of Relating to Exhibit Lists, Deposition Designations, and Exhibit Binders until July 8 and July 9 filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC and Flash Seats LLC (Wooley, James). Modified text on 10/3/2008 (H, SP). |
| Filing 150 Reply to response to #145 Motion to clarify Regarding Copyright Preemption and Right to Jury Trial filed by Cavaliers Operating Company LLC. (Karp, Marvin) |
| Filing 149 Response to Motion to Clarify filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. Related document(s) #145 . (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 147 Designation of Expert filed by Cavaliers Operating Company LLC. (Castrodale, Joseph) |
| Filing 146 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 #145 on or before 7/1/2008. Judge Kathleen M. O'Malley on 6/26/2008. (H,CM)
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| Filing 148 Letter addressed to Z. Meral Ozsoyoglu to be serve as an Agreement between Ulmer & Berne filed by Cavaliers Operating Company LLC. (E,P) |
| Filing 145 Motion to clarify Regarding Copyright Preemption and Right to Jury Trial, filed by Cavaliers Operating Company LLC, (Attachments: #1 Exhibit "A") (Karp, Marvin). Modified text on 10/3/2008 (H, SP). |
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Filing 144
Minutes of proceedings/Order. Telephone Satus 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 143 Witness List filed by Cavaliers Operating Company LLC. (Phillips, Gregory) |
| Filing 142 Witness List filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 141 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 140 Reply to response to #138 Motion for leave to Designate an Expert (Reply in Support) filed by Cavaliers Operating Company LLC. (Karp, Marvin) |
| Filing 139 Opposition to #138 Motion for leave to Designate an Expert filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 138 Motion for leave to Designate an Expert filed by Cavaliers Operating Company LLC. (Karp, Marvin). Modified text on 10/3/2008 (H, SP). |
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Order [non-document] granting #137 Motion to Extend Deadlines to dates stated in motion. Judge Kathleen M. O'Malley on 6/17/08.(K,K)
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| Filing 137 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 Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC. (Castrodale, Joseph) |
| Filing 136 Answer to #129 Amended complaint, Counterclaim against Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Castrodale, Joseph) |
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Filing 135
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 134 Minutes of proceedings before Judge Kathleen M. O'Malley. Discovery Telephone Conference held on 6/10/2008 (Court Reporter None.) (H,CM) |
| Filing 133 Notice Of Ticketmaster's Further Explanation of Cavaliers' Breach filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 132 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) |
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Order [non-document] granting Cavaliers' Motion for order that objections to written discovery be served within 15 days (Related Doc #121 ). Judge Kathleen M. O'Malley on 5/30/2008.(H,CM)
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| Filing 131 Status Report dated May 29, 2008 filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Kruppa, Andrew) |
| Filing 130 Status Report of May 29, 2008 filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 129 Second Amended complaint against Cavaliers Operating Company LLC, Flash Seats LLC, filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 128 Notice Containing Statement Regarding Scope of Bench Trial filed by Cavaliers Operating Company LLC. (Attachments: #1 Exhibit Relevant Interrogatory Answers)(Anastos, Thomas) |
| Filing 127 Brief Position Statement on Scope of Trial filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 126 Marginal Entry Order granting Motion for leave to file second amended complaint (Related Doc #125 ). Judge Kathleen M. O'Malley on 5/28/08.(K,K) |
| Filing 125 Unopposed Motion to amend complaint to dismiss Lanham Act claim filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Wooley, James) |
| Filing 124 Supplemental Memorandum In Support of #48 Motion to dismiss Plaintiff's Lanham Act Claims filed by all defendants. (Karp, Marvin) |
| Filing 123 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 122 Reply to response to #105 Motion to dismiss Counterclaims filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 121 Motion for Order that Objections to Written Discovery Be Served Within Fifteen Days filed by Defendant Cavaliers Operating Company LLC. (Phillips, Gregory) |
| Filing 120 Opposition to #105 Motion to dismiss Counterclaims filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Kruppa, Andrew) |
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Filing 119
Amended Trial Order. Amended to correct certain due dates and deadlines #118 only. Signed by Judge Kathleen M. O'Malley on 4/15/2008. (H,CM)
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Filing 118
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 117
Case Management Order. Case Management Conference held on 4/2/2008. Cases 1:07CV2317 and 1:08CV240 are hereby consolidated #109 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 116 Notice Statement Of Compliance With Appendix K filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 115 Notice : Statement of Compliance with Appendix K filed by Cavaliers Operating Company LLC. (Phillips, Gregory) |
| Filing 114 Notice : Statement of Compliance with Appendix K, filed by Flash Seats LLC. (Kruppa, Andrew) |
| Filing 113 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 112 Joint Position Statement re CMC Agenda filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC, Cavaliers Operating Company LLC, Flash Seats LLC. Related document(s) #106 .(Kruppa, Andrew) Modified text 3/25/2008 (C,KA). |
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Order [non-document] entered 3/21/2008 granting Plaintiffs' Motion for attorney Robert H. Platt to appear pro hac vice (Related Doc #108 ). Judge Kathleen M. O'Malley (H,CM)
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Order [non-document] entered 3/21/2008 granting Ticketmaster's Motion for extension of time until 4/9/2008 to respond to motion to consolidate #110 ; granting Cavaliers and Flash Seats' #111 Motion for Extension of Time until 4/21/2008 to respond to motion to dismiss counterclaims. Judge Kathleen M. O'Malley (H,CM)
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| Filing 111 Unopposed Motion for extension of time until April 21, 2008 to File a Response to Ticketmaster's Motion to Dismiss Counterclaims filed by Cavaliers Operating Company LLC, Flash Seats LLC. Related document(s) #105 . (Weinstein, Joseph) |
| Filing 110 Unopposed Motion for extension of Time to Respond to Motion to Consolidate until April 9, 2008 filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC LLC. (Wooley, James) Modified text 3/20/2008 (K,K). |
| Filing 109 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 108 Motion for attorney Robert H. Platt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000002904773, filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC . (Attachments: #1 Affidavit of Robert H. Platt)(Wooley, James) Modified text 3/13/2008 (K,K). |
| Filing 107 Notice of Withdrawal of Counsel filed by Cavaliers Operating Company LLC. (Castrodale, Joseph) |
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Filing 106
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 105 Motion to dismiss Counterclaims filed by Ticketmaster-Indiana, Ticketmaster and Ticketmaster LLC. (Attachments: #1 Memorandum in Support of Motion to Dismiss Counterclaims, #2 Exhibit A-- Unpublished Cases) (Wooley, James). Modified text on 10/3/2008 (H, SP). Modified on 10/3/2008 (H,SP). |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Steven E. Sletten for Ticketmaster-Indiana, Ticketmaster and Ticketmaster LLC (Related Doc #104 ). Judge Kathleen M. O'Malley entered on 2/26/08.(R,Sh)
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| Filing 104 Motion for attorney Steven E. Sletten to Appear Pro Hac Vice. Filing fee $100, receipt number 06470000000002877873, filed by Ticketmaster-Indiana, Ticketmaster and Ticketmaster LLC. (Attachments: #1 Affidavit of Steven E. Sletten in support of motion to appear pro hac vice) (Wooley, James). Modified text on 10/3/2008 (H, SP). |
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Filing 103
Order signed by Judge James S. Gwin and Kathleen McDonald O'Malley reassigning case to Judge O'Malley for all further proceedings as related to Case No. 1:07cv02317. (Related Doc. #96 ) (M,G)
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| Filing 102 Answer to Complaint with Jury Demand, Amended Counterclaim against Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Castrodale, Joseph) |
| Filing 101 Response to #96 Joint Motion to reassign case pursuant to Local Rule 3.1(b)(3), filed by Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 100 Attorney Appearance by James R. Wooley filed by on behalf of Ticketmaster-Indiana, Ticketmaster, Ticketmaster LLC. (Wooley, James) |
| Filing 99 Answer to #16 Amended complaint, Counterclaim against all plaintiffs filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Castrodale, Joseph) |
| Filing 98 Marginal Order signed by Jude James S. Gwin on 2/4/08 denying defendants' motion for 30 day extension to answer first amended complaint. Answer to be filed upon receipt of this marginal entry. (Related Doc. #97 ) (M,G) |
| Filing 97 Unopposed Motion for extension of time until March 1, 2008 to answer First Amended Complaint filed by Cavaliers Operating Company LLC, Flash Seats LLC. Related document(s) #16 . (Castrodale, Joseph) |
| Filing 96 Joint Motion to reassign case pursuant to Local Rule 3.1(b)(3), filed by Cavaliers Operating Company LLC, Flash Seats LLC. (Attachments: #1 Proposed Order)(Weinstein, Joseph) |
| Filing 95 Certified Copy of Docket & Order of Transfer, along with Original Proceedings received from USDC, Central District of California, Case No. 2:07CV4620. (Ja,N) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Perelman. (Ja,N) |
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Filing 94
Order (Certified) signed by District Judge Audrey B. Collins, USDC Central District of California on 1/11/2008 denying Motion to dismiss and Transferring Case to the Northern District of Ohio. Declines to Rule on the Motion to Dismiss the Lanham Act claims under Fed. R. Civ. P. 12(b)(6) (part of docket #48) (Related Doc #48 )(Ja,N)
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| Filing 80 Notice of Lodging and Lodging of Order in the second-filed action granting Ticketmaster's Motion to Stay Proceedings in the USDC for the Northern District of Ohio, Eastern Division filed by Ticketmaster-Indiana. (Attachments: #1 Exhibit A)(Ja,N) |
| Filing 60 Response in Opposition to 7 Motion to dismiss filed by Ticketmaster-Indiana, Ticketmaster & Ticketmaster LLC. (Attachments: #1 Declaration of Victoria Von Szeliski, #2 Declaration of Noel S. Cohen, #3 Exhibit A, #4 Exhibit B)(Ja,N) |
| Filing 48 Motion to dismiss for Failure to State a Claim Under the Lanham Act (12(b)(6)) filed by Defendant Cavaliers Operating Company LLC. (Ja,N) |
| Filing 20 Amended Corporate Disclosure Statement by Ticketmaster-Indiana, Ticketmaster & Ticketmaster LLC filed by Ticketmaster-Indiana, Ticketmaster & Ticketmaster LLC. (Ja,N) |
| Filing 16 First Amended complaint against Cavaliers Operating Company LLC & Flash Seats LLC. Filed by Ticketmaster-Indiana, Ticketmaster & Ticketmaster LLC. (Attachments: #1 Exhibit A) (Ja,N) |
| Filing 21 Corporate Disclosure Statement by Flash Seats LLC filed by Flash Seats LLC. (Ja,N) |
| Filing 8 Corporate Disclosure Statement by Cavaliers Operating Company LLC filed by Cavaliers Operating Company LLC. (Ja,N) |
| Filing 3 Corporate Disclosure Statement by Ticketmaster-Indiana filed by Ticketmaster-Indiana. (Ja,N) |
| Filing 1 Complaint from USDC Central District of California, case number 2:07CV4620 against Cavaliers Operating Company LLC & Flash Seats LLC. Filed by Ticketmaster-Indiana, Ticketmaster & Ticketmaster LLC. (Ja,N) |
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