Chang et al v. Virgin Mobile USA LLC et al Featured Case

Plaintiff Susan Chang, as parent and next friend of Alison Chang, and Justin Wong alleged that Defendants Virgin Mobile USA, LLC and Virgin Mobile Pty Ltd. exploited the use of Alison Chang's image in an advertising campaign without authorization.

Plaintiff: Susan Chang and Justin Ho-Wee Wong
Defendant: Virgin Mobile PTY LTD
Case Number: 3:2007cv01767
Filed: October 19, 2007
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: Sidney A Fitzwater
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2009 Opinion or Order Filing 77 ORDER granting 76 Motion to Withdraw 71 Objections to Defendant's Bill of Costs. Plaintiffs' 1/29/2009 Objection is DENIED AS MOOT. (Ordered by Magistrate Judge Paul D Stickney on 4/28/2009) (klm)
April 15, 2009 Opinion or Order Filing 76 MOTION to Withdraw 71 Objection to Defendant's Bill of Costs filed by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan) Modified on 4/16/2009 (axm).
January 30, 2009 Opinion or Order Filing 75 Appendix in Support filed by Susan Chang, Justin Ho-Wee Wong to 71 Plaintiff's Objection to Defendant's Bill of Costs. (Zehl, Ryan) Modified on 2/2/2009 (skt). Modified on 2/2/2009 (skt).
January 30, 2009 Opinion or Order Filing 74 Appendix in Support filed by Virgin Mobile PTY LTD of 73 Response in Opposition to Plaintiff's Objection to Defendant's Bill of Costs. (Meyerhoff, Lisa) Modified on 2/2/2009 (skt).
January 30, 2009 Opinion or Order Filing 73 RESPONSE in Opposition filed by Virgin Mobile PTY LTD to 71 Plaintiff's Objection to Defendant's Bill of Costs (Meyerhoff, Lisa) Modified on 2/2/2009 (skt).
January 30, 2009 Opinion or Order Filing 72 ORDER OF REFERENCE: Pursuant to 28 U.S.C. § 636(b)(1)(A), plaintiffs' January 29, 2009 objection to defendant's bill of costs is REFERRED to United States Magistrate Judge Paul D. Stickney for determination. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 01/30/09) (lmp)
January 29, 2009 Opinion or Order Filing 71 Plaintiff's Objection to 70 Defendant's Bill of Costs by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan) Modified on 2/2/2009 (skt).
January 28, 2009 Opinion or Order Filing 70 BILL OF COSTS by Virgin Mobile PTY LTD. (Attachments: # 1 Supporting Invoices) (Meyerhoff, Lisa)
January 16, 2009 Opinion or Order Filing 69 JUDGMENT: This action is dismissed without prejudice. Taxable costs of court, as calculated by the clerk of court, are assessed against plaintiffs. (Ordered by Chief Judge Sidney A Fitzwater on 1/16/2009) (axm)
January 16, 2009 Opinion or Order Filing 68 Memorandum Opinion and Order granting 27 Motion to Dismiss filed by Virgin Mobile PTY LTD. (see order) (Ordered by Chief Judge Sidney A Fitzwater on 1/16/2009) (axm)
December 11, 2008 Opinion or Order Filing 67 Summons Reissued as to Virgin Mobile PTY LTD. (lmp)
August 29, 2008 Opinion or Order Filing 66 Appendix in Support filed by Virgin Mobile PTY LTD re 65 Reply to Response to Motion (Meyerhoff, Lisa)
August 29, 2008 Opinion or Order Filing 65 Final REPLY to Plaintiffs' Sur-Reply re: 27 MOTION to Dismiss filed by Virgin Mobile PTY LTD (Meyerhoff, Lisa)
August 21, 2008 Opinion or Order Filing 64 ORDER granting 58 Plaintiffs' motion for leave to file surreply. Plaintiffs must file their surreply by 9/2/2008. Virgin Mobile may file a final reply brief no later than 9/17/2008. (Signed by Judge Sidney A Fitzwater on 8/21/08) (tln)
August 21, 2008 Opinion or Order Filing 63 NOTICE of Letter to Clerk re: 61 Order, filed by Virgin Mobile PTY LTD (Meyerhoff, Lisa)
August 21, 2008 Opinion or Order Filing 62 Sur-reply filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to Dismiss (Attachments: # 1 Appendix, # 2 Exhibit 6, # 3 Exhibit 7) (Zehl, Ryan)
August 19, 2008 Opinion or Order Filing 61 ORDER: Within 20 days of the date this order is filed, counsel must file with the clerk of court one of the following: (1) a letter that demonstrates why counsel is not subject to, or is exempt from, the local counsel requirement; (2) a designation of local counsel that states local counsel's address and telephone number; (3) a motion for leave to proceed without local counsel. (Signed by Judge Sidney A Fitzwater on 8/19/08) (tln)
August 14, 2008 Opinion or Order Filing 60 Appendix in Support filed by Virgin Mobile PTY LTD re 59 Response in Opposition to Plaintiffs Motion for Leave to File Sur-Reply to Defendants Reply to Plaintiffs Opposition to Defendants Motion to Dismiss (Meyerhoff, Lisa)
August 14, 2008 Opinion or Order Filing 59 RESPONSE in Opposition filed by Virgin Mobile PTY LTD re 58 MOTION for Leave to File Sur-Reply to Defendant's Response to Plaintiffs' Motion in Opposition to Defendant's Motion to Dismiss (Meyerhoff, Lisa)
August 14, 2008 Opinion or Order Filing 58 MOTION for Leave to File Sur-Reply to Defendant's Response to Plaintiffs' Motion in Opposition to Defendant's Motion to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan)
August 13, 2008 Opinion or Order Filing 57 ***DISREGARD PER ATTORNEY - DOCUMENT REFILED AS DOC 58*** MOTION for Leave to File Sur-Reply to Defendants Reply to Plaintiffs Motion in Opposition to Defendants Motion to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 8/14/2008 - incorrect title listed on pdf(axm). Modified on 8/21/2008 (axm).
August 13, 2008 Opinion or Order Filing 56 Order Unfiling 55 Sur-reply to Response filed by Susan Chang, Justin Ho-Wee Wong due to the following deficiency: Does not have leave of Court to file. (Signed by Judge Sidney A Fitzwater on 8/13/08) (klm)
August 12, 2008 Opinion or Order Filing 55 ***UNFILED PER ORDER OF 8/13/08, DOC. 56*** Sur-reply filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to Dismiss (Attachments: # 1 Appendix Appendix, # 2 Exhibit 6 - Virgin Mobile's Objections & Answers to ROG, # 3 Exhibit 7 - Affidavit of Ryan H. Zehl) (Zehl, Ryan) Modified on 8/13/2008 (klm).
August 8, 2008 Opinion or Order Filing 54 Appendix in Support filed by Virgin Mobile PTY LTD re 53 Reply to Response to Motion to Dismiss (Meyerhoff, Lisa)
August 8, 2008 Opinion or Order Filing 53 REPLY to Plaintiffs' Opposition re: 27 MOTION to Dismiss filed by Virgin Mobile PTY LTD (Meyerhoff, Lisa)
July 29, 2008 Opinion or Order Filing 52 AFFIDAVIT re 51 Response in Opposition to Defendant's Motion to Dismiss by Susan Chang, Justin Ho-Wee Wong. (Attachments: # 1 Letter to Clerk) (Zehl, Ryan)
July 24, 2008 Opinion or Order Filing 51 RESPONSE in Opposition filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to Dismiss (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Exhibit) (Zehl, Ryan)
May 27, 2008 Opinion or Order Filing 50 ORDER granting 46 Third Motion to Extend the Deadline to Respond to Defendant's Motion to Dismiss. Responses due by 7/24/2008. (see order) (Signed by Judge Sidney A Fitzwater on 5/27/2008) (axm)
May 27, 2008 Opinion or Order Filing 49 REPLY to Defendant's opposition to Plaintiffs' motion for extension re: 46 Plaintiffs' MOTION for Extension of Time to File Response/Reply re: 27 MOTION to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan)
May 14, 2008 Opinion or Order Filing 48 Appendix in Support filed by Virgin Mobile PTY LTD re 47 Response in Opposition, (Meyerhoff, Lisa)
May 14, 2008 Opinion or Order Filing 47 RESPONSE in Opposition filed by Virgin Mobile PTY LTD re 46 Plaintiffs' MOTION for Extension of Time to File Response/Reply re: 27 MOTION to Dismiss Defendant Virgin Mobile (Australia) Pty Ltd.'s Opposition to Plaintiffs' Motion for Third Extension to File an Opposition on Defendant's Motion to Dismiss (Meyerhoff, Lisa)
May 7, 2008 Opinion or Order Filing 46 Plaintiffs' MOTION for Extension of Time to File Response/Reply re: 27 MOTION to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Attachments: # 1 Affidavit) (Zehl, Ryan)
April 10, 2008 Opinion or Order Filing 45 ORDER: The Court hereby GRANTS the Defendant's objections to making initial disclosures under Rule 26(a)(1) until after the Defendant's motion to dismiss has been decided. However, the parties are instructed to continue supplementing discovery as it relates to jurisdiction. (Signed by Magistrate Judge Paul D Stickney on 4/10/2008) (axm)
April 10, 2008 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Hearing regarding defendant's objections held on 4/10/08. The Court Grants the defendant's objections. Order to enter. Attorney Appearances: Plaintiff - Ryan H. Zehl, Bryant A. Fitts; Defense - Myall Hawkins. (Court Reporter Electronic.) Time in Court: 10 Min. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (grj)
March 18, 2008 Opinion or Order Filing 44 ORDER: Pursuant to the District Court's Order (doc. 41), Defendant Virgin Mobile Pty Ltd.'s objection to making FED. R. CIV. P. 26(a)(1) disclosures, filed March 3, 2008, has been referred to the United States Magistrate Judge for hearing, if necessary, and to determine what disclosures, if any, are to be made, and to determine a time for disclosure. The Court will hear the objection on THURSDAY, APRIL 10, 2008, at 9:00 A.M. (see order for specifics) (Signed by Magistrate Judge Paul D Stickney on 03/18/08) (lmp)
March 10, 2008 Opinion or Order Filing 43 SCHEDULING ORDER: Joinder of Parties due by 10/15/2008. Amended Pleadings due by 1/1/2009. Discovery due by 5/1/2009. Status Report due by 5/1/2009. Motions due by 7/1/2009. (See Order for specifics) (Signed by Judge Sidney A Fitzwater on 3/10/08) (skt)
March 10, 2008 Opinion or Order Filing 42 Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Magistrate Judge Paul D Stickney on 3/10/08) (jrb)
March 7, 2008 Opinion or Order Filing 41 ORDER OF REFERENCE: Accordingly, pursuant to 28 U.S.C. § 636(b)(1)(A), the court refers to United States Magistrate Judge Paul D. Stickney for determination defendant's objection to making Rule 26(a)(1) disclosures, the determination of what disclosures if any are to be made, and the determination of a time for disclosure. Judge Stickney may conduct a hearing if he determines that a hearing is necessary. (Signed by Judge Sidney A Fitzwater on 3/7/08) (skt)
March 3, 2008 Opinion or Order Filing 40 NOTICE by Virgin Mobile PTY LTD re 39 Proposed Scheduling and Discovery Order - Letter to Judge Fitzwater re Virgin Mobile Pty Ltd. objects to making Rule 26(a)(1) Initial Disclosures at this time (Meyerhoff, Lisa)
March 3, 2008 Opinion or Order Filing 39 Joint Proposed Scheduling Plan by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan) Modified on 3/4/2008 (skt).
February 26, 2008 Opinion or Order Reset Deadlines as to 27 Motion to Dismiss. Responses due by 6/9/2008. (per order#38) (lmp)
February 26, 2008 Opinion or Order Filing 38 ORDER granting 37 Second MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss. The response must be filed no later than June 9, 2008. (Signed by Judge Sidney A Fitzwater on 02/26/08) (lmp)
February 22, 2008 Opinion or Order Filing 37 Second MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan)
February 4, 2008 Opinion or Order Filing 36 ORDER granting in part and denying in part 35 Unopposed MOTION to Reset Deadlines for FED.R.CIV.P. 26(F) Conference and Submission of a Scheduling Proposal. Proposed Scheduling Order due by 3/4/2008. (Signed by Judge Sidney A Fitzwater on 2/4/08) (npk)
February 1, 2008 Opinion or Order Filing 35 Plaintiffs' Unopposed MOTION to Reset Deadlines for FED.R.CIV.P. 26(F) Conference and Submission of a Scheduling Proposal by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified text on 2/4/2008 (axm).
January 15, 2008 Opinion or Order Filing 34 ORDER withdrawing 31 Motion for Leave to re-serve Defendant Virgin Mobile Pty Ltd.; granting 32 Motion to Withdraw 31 MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd. (Signed by Judge Sidney A Fitzwater on 01/15/08) (lmp)
January 14, 2008 Opinion or Order Filing 33 Summons Issued as to Virgin Mobile PTY LTD. (skt)
January 10, 2008 Opinion or Order Filing 32 MOTION to Withdraw 31 MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 1/11/2008 (jb).
January 4, 2008 Opinion or Order Filing 31 ***WITHDRAWN PER ORDER OF 1/15/08 - DOC. 34*** MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 1/4/2008 (jb). Modified on 1/15/2008 (klm).
January 3, 2008 Opinion or Order Filing 30 ORDER granting 29 Plaintiffs' Unopposed Motion to Extend Deadline to Respond to Defendant's Motion to Dismiss. Responses due by 4/9/2008. (Signed by Judge Sidney A Fitzwater on 1/3/08) (klm)
January 2, 2008 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply by Susan Chang, Justin Ho-Wee Wong (Attachments: # 1 Affidavit Affidavit supporting motion for extension) (Zehl, Ryan)
December 20, 2007 Opinion or Order Filing 28 Appendix in Support filed by Virgin Mobile PTY LTD re 27 MOTION to Dismiss (Meyerhoff, Lisa) Modified on 12/21/2007 (skt).
December 20, 2007 Opinion or Order Filing 27 MOTION to Dismiss and Supporting Brief by Virgin Mobile PTY LTD. (Meyerhoff, Lisa) Modified on 12/21/2007 (skt).
November 28, 2007 Opinion or Order Filing 26 ORDER granting 25 Unopposed MOTION for Extension of Time to File Scheduling Proposal. Proposed Scheduling Order due by 2/15/2008. (Signed by Judge Sidney A Fitzwater on 11/28/07) (lmp)
November 28, 2007 Opinion or Order Filing 25 Unopposed MOTION for Extension of Time to File Scheduling Proposal by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan)
November 27, 2007 Opinion or Order Filing 24 NOTICE by Susan Chang, Justin Ho-Wee Wong Dismissal without prejudice (Zehl, Ryan)
November 20, 2007 Opinion or Order Filing 22 AMENDED COMPLAINT against all defendants filed by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan)
November 16, 2007 Opinion or Order Filing 23 Order: Proposed Scheduling Order due by 12/17/2007. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 11/16/07) (lmp)
November 16, 2007 Opinion or Order Filing 21 ORDER granting 20 Motion to Withdraw 11 Amended Motion for Rule 11 Sanctions. (Signed by Judge Sidney A Fitzwater on 11/16/2007) (axm)
November 15, 2007 Opinion or Order Filing 20 MOTION to Withdraw 11 Amended MOTION for Rule 11 Sanctions and Memorandum in Support by Creative Commons Corporation (Parker, Derrick) Modified on 11/19/2007 (skt).
November 13, 2007 Opinion or Order Filing 19 AMENDED Notice of Removal by Virgin Mobile USA LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Reed, Noelle) Modified on 11/15/2007 (skt).
November 13, 2007 Opinion or Order Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Creative Commons Corporation. (Ross, John)
November 13, 2007 Opinion or Order Filing 17 ORDER granting 16 Unopposed Motion for Extension of Time to File Answer re 1 Notice of Removal. Virgin Mobile PTY LTD answer due 12/20/2007. (Signed by Judge Sidney A Fitzwater on 11/13/2007) (axm)
November 9, 2007 Opinion or Order Filing 16 Motion for Extension of Time to File Answer and/or Otherwise Respond to Plaintiffs Original Petition by Virgin Mobile PTY LTD (Meyerhoff, Lisa)
November 9, 2007 Opinion or Order Filing 15 Consent to Removal by Virgin Mobile PTY LTD (Meyerhoff, Lisa) Modified on 11/13/2007 (skt).
November 8, 2007 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Mark W Romney on behalf of Susan Chang. (Romney, Mark)
November 8, 2007 Opinion or Order Filing 13 Application and Order for Admission Pro Hac Vice by Ryan H Zehl for Susan Chang and Justin Ho-Wee Wong. (Signed by Judge Sidney A Fitzwater on 11/8/07) (npk)
November 8, 2007 Opinion or Order Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Susan Chang. (Romney, Mark)
November 6, 2007 Opinion or Order Filing 11 ***WITHDRAWN PER DOC #21***Amended MOTION for Rule 11 Sanctions by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John) Modified on 11/7/2007 (lmp). Modified on 11/16/2007 (jyg).
October 31, 2007 Opinion or Order Filing 10 ORDER: The October 31, 2007 stipulation of defendant Virgin Mobile USA, L.P. and plaintiffs Susan Chang, as next friend of A. C., a minor, and Justin Ho-Wee Wong, is approved. (Signed by Judge Sidney A Fitzwater on 10/31/2007) (axm)
October 30, 2007 Opinion or Order Filing 9 PROPOSED ORDER/STIPULATION by Virgin Mobile USA LLC, Susan Chang, Justine Ho-Wee Wong. (Reed, Noelle) Modified on 10/31/2007 (svc).
October 30, 2007 Opinion or Order Filing 8 Notice of Correction of Signature Omission, correcting signature omission in 6 Motion to Dismiss filed by Creative Commons Corporation. (Ross, John)
October 30, 2007 Opinion or Order Filing 7 Notice of Correction of Signature Omission, correcting signature omission in 5 Motion to Dismiss filed by Creative Commons Corporation. (Ross, John)
October 30, 2007 Opinion or Order Filing 6 Amended MOTION to Dismiss by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John)
October 29, 2007 Opinion or Order Filing 5 MOTION to Dismiss by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John)
October 26, 2007 Opinion or Order Filing 4 ORDER: No later than 20 days from the date of this order, Virgin Mobile must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. § 1332; otherwise, this action will be remanded to state court. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 10/26/2007) (tln)
October 22, 2007 Opinion or Order Filing 3 Notice of Removal/Concurrence in Removal by Creative Commons Corporation (Ross, John) Modified on 10/23/2007 (svc).
October 19, 2007 Opinion or Order CERTIFICATE OF INTERESTED PERSONS by Virgin Mobile USA LLC. (see document #1 for image) (svc)
October 19, 2007 Opinion or Order Filing 2 Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 10/19/07) (lmp)
October 19, 2007 Opinion or Order ***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (lmp)
October 19, 2007 Opinion or Order DEMAND for Trial by Jury by Susan Chang, Justine Ho-Wee Wong.(not imaged, filed in state court) (lmp)
October 19, 2007 Opinion or Order Filing 1 NOTICE OF REMOVAL from 134th Judicial District Court of Dallas County, Texas, case number DC-07-11386 filed by Virgin Mobile USA LLC. (Filing fee $ 350.00; receipt number 15930)(Attachments: # 1 # 2) (lmp) Modified on 10/19/2007 (lmp).***Access to this document has been restricted from PACER because the document contains information deemed "sensitive" under the court's privacy policy.***

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Plaintiff: Susan Chang
Represented By: Bryant A Fitts
Represented By: Mark W Romney
Represented By: Ryan H Zehl
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Plaintiff: Justin Ho-Wee Wong
Represented By: Bryant A Fitts
Represented By: Mark W Romney
Represented By: Ryan H Zehl
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Defendant: Virgin Mobile PTY LTD
Represented By: Todd Young Brandt
Represented By: Myall S Hawkins
Represented By: Lisa H Meyerhoff
Represented By: Tan Pham
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