MCCLATCHEY v. ASSOCIATED PRESS
Plaintiff Valencia McClatchey alleged that defendant the Associated Press (AP) over the AP's unauthorized use of her copyright End of Serenity photograph.
VALENCIA M. MCCLATCHEY |
ASSOCIATED PRESS |
3:2005cv00145 |
February 24, 2005 |
US District Court for the Western District of Pennsylvania |
Johnstown Office |
Somerset |
Terrence F. McVerry |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
Plaintiff |
This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
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Filing 76 STIPULATION of Dismissal by VALENCIA M. MCCLATCHEY. (Hall, Douglas) |
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Filing 73 TRANSCRIPT of Pre-trial Conference held on 4/20/07 before Judge Terrence F. McVerry. Court Reporter: Richard T. Ford. The parties have five (5) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court or the court reporter/transcriber. Notice of Intent for Redaction of Personal Data Identifiers due by 6/22/2007. (cen ) |
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Filing 71 MOTION for Reconsideration re 69 Order on Motion in Limine, Or In The Alternative, Motion For Certification Of Interlocutory Appeal Under 28 U.S.C. Sec. 1292(b) by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Hall, Douglas) Modified on 6/28/2007 (cen). |
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Exhibit List due by 7/16/2007. Plaintiffs witness list due by 7/9/2007. Defendants Witness list due by 7/16/2007. (kll) |
Filing 67 Unopposed MOTION to Continue trial date by ASSOCIATED PRESS. (Berry, Michael) # 1proposed order; added on 6/1/2007 (cen ). Modified on 6/1/2007 (cen ). |
Filing 66 SURREPLY In Opposition To 63 Reply Brief to Defendant's 54 Motion In Limine To Exclude Certain Documents And Testimony Regarding Alleged Third Party Infringements filed by VALENCIA M. MCCLATCHEY. (Hall, Douglas) Modified on 5/22/2007 (cen). |
Filing 65 RESPONSE to 62 Reply Brief, 63 Reply Brief and 64 Reply Brief, filed by VALENCIA M. MCCLATCHEY. (Hall, Douglas) Modified on 5/18/2007 (cen). |
Filing 64 REPLY BRIEF by ASSOCIATED PRESS re 48 motion in limine to limit plaintiff to one statutory damage award under the Copyright Act filed by ASSOCIATED PRESS. (Berry, Michael) Modified on 5/18/2007 (cen ). |
Filing 63 REPLY BRIEF by ASSOCIATED PRESS re 54 Motion in Limine to Exclude Certain Documents and Testimony Regarding Alleged Third Party Infringements filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A)(Berry, Michael) |
Filing 62 REPLY BRIEF by ASSOCIATED PRESS to 61 Response to 49 Motion to Limit Plaintiff to Two Awards Under the Digital Millennium Copyright Act filed by ASSOCIATED PRESS. (Berry, Michael) Modified on 5/16/2007 (cen). |
Filing 61 RESPONSE to Motion re 49 MOTION in Limine to Limit Plaintiff to Two Statutory Damage Awards under the Digital Millennium Copyright Act filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Hall, Douglas) Modified on 5/14/2007 (cen). |
Filing 60 RESPONSE to Motion re 51 MOTION in Limine to Exclude Certain Documents and Testimony Regarding iPhotoArt filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Hall, Douglas) Modified on 5/14/2007 (cen ). |
Filing 59 RESPONSE to Motion re 54 MOTION in Limine to Exclude Certain Documents and Testimony Regarding Alleged Third-Party Infringements filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Hall, Douglas) |
Filing 58 RESPONSE to Motion re 47 MOTION in Limine to Limit Plaintiff to One Statutory Damage Award under the Copyright Act filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A)(Hall, Douglas) |
Filing 57 RESPONSE to Motion re 45 MOTION in Limine to Exclude Certain Documents and Testimony Regarding AOL filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Hall, Douglas) |
Filing 56 BRIEF in Opposition re 52 First MOTION in Limine To Preclude Eric N. Lieberman From Testifying At Trial filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C)(Berry, Michael) |
Filing 55 BRIEF in Support re 54 MOTION in Limine to Exclude Certain Documents and Testimony Regarding Alleged Third-Party Infringements filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A# 2 Appendix B# 3 Appendix C# 4 Appendix D)(Berry, Michael) |
Filing 54 MOTION in Limine to Exclude Certain Documents and Testimony Regarding Alleged Third-Party Infringements by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael) |
Filing 53 BRIEF in Support re 51 MOTION in Limine to Exclude Certain Documents and Testimony Regarding iPhotoArt filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A - Part 1# 2 Appendix A - Part 2# 3 Appendix A - Part 3# 4 Appendix A - Part 4# 5 Appendix A - Part 5# 6 Appendix A - Part 6# 7 Appendix A - Part 7# 8 Appendix A - Part 8# 9 Appendix A - Part 9# 10 Appendix B)(Berry, Michael) |
Filing 52 First MOTION in Limine To Preclude Eric N. Lieberman From Testifying At Trial by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Proposed Order)(Hall, Douglas) Modified on 5/7/2007 (cen). |
Filing 51 MOTION in Limine to Exclude Certain Documents and Testimony Regarding iPhotoArt by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael) |
Filing 50 BRIEF in Support re 49 MOTION in Limine to Limit Plaintiff to Two Statutory Damage Awards under the Digital Millennium Copyright Act filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A)(Berry, Michael) |
Filing 49 MOTION in Limine to Limit Plaintiff to Two Statutory Damage Awards under the Digital Millennium Copyright Act by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael) |
Filing 48 BRIEF in Support re 47 MOTION in Limine to Limit Plaintiff to One Statutory Damage Award under the Copyright Act filed by ASSOCIATED PRESS. (Berry, Michael) |
Filing 47 MOTION in Limine to Limit Plaintiff to One Statutory Damage Award under the Copyright Act by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael) |
Filing 46 BRIEF in Support re 45 MOTION in Limine to Exclude Certain Documents and Testimony Regarding AOL filed by ASSOCIATED PRESS. (Attachments: # 1 Appendix A)(Berry, Michael) |
Filing 45 MOTION in Limine to Exclude Certain Documents and Testimony Regarding AOL by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael) |
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Text Minute Entry for proceedings held before Judge Terrence F. McVerry : Final Pretrial Conference held on 4/20/2007. Settlement negitiations are ongoing. Trial estimated to take 3 days. Motions in limine due 5/4/2007. Responses due 5/11/2007. Trial will be scheduled for 6/25/2007. Trial Scheduling Order will be issued. (Court Reporter Richard Ford.) Text only entry; no PDF document will issue. This text only entry constitutes the Court's notice on the matter. (kll) |
Filing 43 PRETRIAL STATEMENT filed by ASSOCIATED PRESS. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Berry, Michael) |
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Filing 42 Pro Hac Vice Fees received in the amount $ 40; receipt # 07000264 re 41 Motion to Appear Pro Hac Vice (cen) |
Filing 41 MOTION for attorney Paul K. Vickrey to Appear Pro Hac Vice by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Proposed Order # 2 Envelope A)(Hall, John) |
Filing 40 NOTICE by VALENCIA M. MCCLATCHEY of Filing of Plaintiff's First Amended Trial Exhibit List (Attachments: # 1 Exhibit A)(Hall, Douglas) Modified on 4/12/2007 (cen). |
Filing 39 PRETRIAL STATEMENT filed by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Hall, Douglas) |
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Set/Reset Trial Management Order Deadlines: Plaintiff's pretrial statement due March 29, 2007. Defendant's pretrial statement due April 18, 2007. Pretrial Conference set for 4/20/2007 02:00 PM in Courtroom 6C before Terrence F. McVerry. (mh, ) |
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Filing 36 NOTICE of Change of Address by Michael L. Berry (Attachments: # 1 Certificate of Service)(Berry, Michael) |
Filing 35 REPLY to Response to Motion re 18 MOTION for Summary Judgment filed by ASSOCIATED PRESS. (cen ) |
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Filing 33 MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order # 2 Exhibit A)(Berry, Michael) |
Filing 32 Appendix to 31 Response To by ASSOCIATED PRESS. (Attachments: # 1 Exhibit 1 to Appendix (Penchina Supplemental Declaration)# 2 Exhibit A to I to Penchina Supplemental Declaration# 3 Exhibit J to K to Penchina Supplemental Declaration# 4 Exhibit L to Penchina Supplemental Declaration# 5 Exhibit M to Penchina Supplemental Declaration# 6 Exhibit N to Penchina Supplemental Declaration# 7 Exhibit N (continued) to Penchina Supplemental Declaration# 8 Exhibit O to P to Penchina Supplemental Declaration# 9 Exhibit 2 to 5 to Appendix# 10 Exhibit 6 and 7 to Appendix)(Berry, Michael) |
Filing 31 RESPONSE to 28 Statement of Facts filed by ASSOCIATED PRESS. (Berry, Michael) |
Filing 30 Continued DECLARATION of Douglas M. Hall re: 26 Response to Motion by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit 21# 2 Exhibit 21(A)# 3 Exhibit 21(B)# 4 Exhibit 21(C)# 5 Exhibit 21(D)# 6 Exhibit (E)# 7 Exhibit 22)(Hall, Douglas) Modified on 6/20/2006 (cen). |
Filing 29 DECLARATION of Douglas M. Hall re: 26 Response to Motion by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20)(Hall, Douglas) Modified on 6/20/2006 (cen). |
Filing 28 STATEMENT OF FACTS in support of 26 Response to Motion by VALENCIA M. MCCLATCHEY. (Hall, Douglas) Modified on 6/20/2006 (cen ). |
Filing 27 RESPONSE to 20 Defendant's Statement of Material Facts filed by VALENCIA M. MCCLATCHEY. (Hall, Douglas) Modified on 6/20/2006 (cen ). |
Filing 26 RESPONSE to Motion re 18 MOTION for Summary Judgment filed by VALENCIA M. MCCLATCHEY. (Hall, Douglas) Modified on 6/20/2006 (cen ). |
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Filing 24 MOTION to Modify the Case Management Order by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Sproul, Gayle) |
Filing 23 MOTION for Extension of Time to File Pretrial Statements by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Proposed Order)(Hall, John) |
Filing 22 ERROR: THIS DOCUMENT WAS FILED IN ERROR: THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW. (Sproul, Gayle) Modified on 5/16/2006 (cen ). |
Filing 21 Appendix to 18 Motion for Summary Judgment, 20 Statement of Facts by ASSOCIATED PRESS. (Attachments: # 1 Appendix Tab 1 - Complaint for Copyright Infringement# 2 Appendix Tab 2 - Declaration of Robert Penchina# 3 Appendix Tab 2 - Declaration of Robert Penchina (Continued)# 4 Appendix Tab 3 - Declaration of J. David Ake# 5 Appendix Tab 4 - Declaration of James R. Gerberich# 6 Appendix Tab 5 - Deposition of J. David Ake# 7 Appendix Tab 6 - Deposition of George Galt# 8 Appendix Tab 7 - Deposition of James R. Gerberich# 9 Appendix Tab 8 - Deposition of Valencia M. McClatchey# 10 Appendix Tab 9 - Exhibits from Deposition of Valencia M. McClatchey# 11 Appendix Tab 10 - Deposition of Gene J. Puskar# 12 Appendix Tab 11 - Deposition of Charles Sheehan# 13 Appendix Tab 12 - Plaintiff?s Response to Defendants Requests for Admissions# 14 Appendix Tab 13 - Responses and Objections of Defendant The Associated Press to the First Set of Requests for Admission by Plaintiff Valencia McClatchey# 15 Appendix Tab 14 - Responses and Objections of Defendant The Associated Press to Plaintiff?s First Set of Interrogatories (Nos. 1-16) to Defendant)(Sproul, Gayle) |
Filing 20 STATEMENT OF FACTS Pursuant to Local Rule 56.1 re 18 Motion for Summary Judgment. by ASSOCIATED PRESS.. (Sproul, Gayle) Modified on 5/31/2006 (jjg). |
Filing 19 BRIEF in Support re 18 MOTION for Summary Judgment filed by ASSOCIATED PRESS. (Sproul, Gayle) |
Filing 18 MOTION for Summary Judgment by ASSOCIATED PRESS. (Sproul, Gayle) Additional attachment # 1 Proposed order; added on 5/16/2006 (cen ). |
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Filing 16 Pro Hac Vice Fees received in the amount $ 40 receipt # 06000223 re 15 Motion to Appear Pro Hac Vice (cen ) |
Filing 15 MOTION for attorney Michael Berry to Appear Pro Hac Vice by ASSOCIATED PRESS. (Attachments: # 1 Affidavit of Gayle C. Sproul# 2 Proposed Order)(Sproul, Gayle) |
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Filing 13 Unopposed MOTION for Extension of Time to Complete Discovery by ASSOCIATED PRESS. (Attachments: # 1 Exhibit Scheduling Motion Certificate# 2 Proposed Order)(Sproul, Gayle) |
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Filing 11 Joint MOTION to Extend Time forDiscovery by VALENCIA M. MCCLATCHEY. (Attachments: # 1 Exhibit Notice of Motion# 2 Proposed Order)(Hall, John) |
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Filing 9 Minute Entry for proceedings held before Judge Kim R. Gibson : Initial Case Management Conference held on 8/1/2005 (via telephone) (no Court Reporter) (dlg) |
Filing 8 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by VALENCIA M. MCCLATCHEY, ASSOCIATED PRESS. (Attachments: # 1 Proposed Case Management Order)(jjg) |
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Filing 7 MOTION by VALENCIA M. MCCLATCHEY for Douglas M. Hall, Esq. and Kara L. Szpondowski, Esq. to Appear Pro Hac Vice; Filing Fee $80.00; Receipt # 4143 with Proposed Order. (cen) (slv, ). |
Filing 6 Case Management Conference set for 10:00 a.m. on 8/1/05 in Room 104, Penn Traffic Building, 319 Washington St., Johnstown, PA 15901 (cen) (slv, ). |
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Filing 5 MOTION by ASSOCIATED PRESS for Robert Penchina, Esq. to Appear Pro Hac Vice; Filing Fee $40.00; Receipt #4011 with Proposed Order. (cen) (slv, ). |
Filing 4 DISCLOSURE statement by ASSOCIATED PRESS (cen) (slv, ). |
Filing 3 ANSWER to Complaint by ASSOCIATED PRESS (Attorney Gayle C. Sproul) (cen) (slv, ). |
Filing 2 DISCLOSURE statement by VALENCIA M. MCCLATCHEY (cen) (slv, ). |
Filing 1 COMPLAINT with summons issued; jury demand; Filing Fee $250.00; Receipt #05000159 (cen) (slv, ). |
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Plaintiff: VALENCIA M. MCCLATCHEY | |
Represented By: | Paul K. Vickrey |
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Defendant: ASSOCIATED PRESS | |
Represented By: | Gayle C. Sproul |
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