Purjes v. Diginext
| Dan Purjes |
| Diginext |
| Eating You Alive |
| 2:2017cv01190 |
| November 9, 2017 |
| US District Court for the District of Utah |
| Central Office |
| Salt Lake |
| Clark Waddoups |
| Copyright |
| 17 U.S.C. § 0101 |
| Defendant |
Docket Report
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This docket was last retrieved on May 31, 2018. A more recent docket listing may be available from PACER.
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| Filing 58 NOTICE of Change of Address by Evan S. Strassberg (Strassberg, Evan) |
| Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Court's Ruling on Motion for Summary Judgment and Motion to Dismiss(15 pages) held on May 3, 2018 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/31/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/8/2018. (jmr) Modified by removing restricted text on 8/8/2018 (rgj). |
| Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Ruling on Motion for Summary Judgment and Motion to Dismiss held on May 3, 2018 before Judge Clark Waddoups. Court Reporter/Transcriber Karen Murakami, CSR, RPR, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/31/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/8/2018. (jmr) Modified by removing restricted text on 8/8/2018 (rgj). |
| Filing 53 Report on the Final Decision of an action mailed to the Register of Copyrights Office. (jmr) |
| Filing 52 JUDGMENT- That Plaintiff's Motion for Summary Judgment is granted, Defendant's counterclaims are dismissed as moot, and Third-Party Defendant's counterclaim is dismissed without prejudice. Case Closed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Clark Waddoups on 5/4/18. (jmr) |
Filing 51
MEMORANDUM DECISION AND ORDER-granting #39 Motion for Summary Judgment ; granting #42 Motion to Dismiss. Defendant and Counterclaimant Diginext's counterclaims against Plaintiff and Third-Party Defendant Eating You Alive, LLC are DISMISSED as MOOT. See Order for additional details. Signed by Judge Clark Waddoups on 5/4/18. (jmr)
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| Filing 50 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 5/3/2018 re #39 MOTION for Summary Judgment and Memorandum in Support filed by Dan Purjes, #42 MOTION to Dismiss EYA, LLC's Counterclaim (Fed. R. Civ. P. 12(b)(1)) filed by Diginext. Discussion and argument heard on the motions. After a brief recess, the court ruled on the record. For the reasons stated on the record, the court GRANTS #39 plaintiff's motion for summary judgment and GRANTS #42 defendant's motion to dismiss EYA's counterclaim without prejudice. In light of these rulings, the parties agree that defendants' counterclaims are moot and the court dismisses them with prejudice. A written order will follow. Attorney for Plaintiff: Gregory Phillips, Jared Cherry, Attorney for Defendant: Evan Strassberg. Court Reporter: Karen Murakami.(tcs) |
| Filing 49 REPLY to Response to Motion re #42 MOTION to Dismiss EYA, LLC's Counterclaim (Fed. R. Civ. P. 12(b)(1)) filed by Defendant Diginext. (Strassberg, Evan) |
| Filing 48 NOTICE OF HEARING ON MOTION re: #39 MOTION for Summary Judgment and Memorandum in Support, #42 MOTION to Dismiss EYA, LLC's Counterclaim (Fed. R. Civ. P. 12(b)(1)): Motion Hearing set for 5/3/2018 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (tcs) |
| Filing 47 REQUEST for Oral Argument re #39 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Diginext. (Strassberg, Evan) |
| Filing 46 REQUEST to Submit for Decision re #39 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dan Purjes. (Phillips, Gregory) |
| Filing 45 REPLY to Response to Motion re #39 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dan Purjes. (Attachments: #1 Exhibit A - Email from M. Jacobs to D. Purjes re Loan Documents Executed by EYA on Jan. 10, 2017, #2 Exhibit B - Email from M. Jacobs to D. Purjes re Vimeo Link on Dec. 14, 2016, #3 Exhibit C - Correspondence between F. Sienicki, L. Miestrich, and M. Jacobs re Vimeo in Oct. 2016, #4 Exhibit D - Email from J Cherry to E Strassberg re Vimeo on Feb. 26 2018)(Phillips, Gregory) |
| Filing 44 RESPONSE to Motion re #42 MOTION to Dismiss EYA, LLC's Counterclaim (Fed. R. Civ. P. 12(b)(1)) filed by ThirdParty Defendant Eating You Alive. (Attachments: #1 Exhibit A - Email Chain re Proposed Resolution of DigiNext's Motion to Dismiss by Stipulation, #2 Exhibit B - Triaxx v Ocwen Order Cited by DigiNext)(Phillips, Gregory) |
| Filing 43 Defendant's MEMORANDUM in Opposition re #39 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Diginext. (Attachments: #1 Appendix of Exhibits to DigiNext, LLC's Memornadum in Opposition t Plaintiff's Motion for SJ)(Strassberg, Evan) |
| Filing 42 MOTION to Dismiss EYA, LLC's Counterclaim (Fed. R. Civ. P. 12(b)(1)) filed by Defendant Diginext. (Strassberg, Evan) |
| Filing 41 AFFIDAVIT/DECLARATION of Jared L. Cherry in Support re #39 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dan Purjes. (Phillips, Gregory) |
| Filing 40 AFFIDAVIT/DECLARATION of Dan Purjes in Support re #39 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dan Purjes. (Phillips, Gregory) |
| Filing 39 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dan Purjes. (Attachments: #1 Appendix Exhibit 1 - DigiNext Sales and Distribution Agreement, #2 Appendix Exhibit 2 - Promissory Note in Favor of Purjes Foundation Executed by EYA LLC, #3 Appendix Exhibit 3 - Term Sheet for Funding of Marketing Budget for the Documentary Feature Eating You Alive, #4 Appendix Exhibit 4 - UCC Financing Statement, #5 Appendix Exhibit 5 - Application for Copyright Registration of the Film, #6 Appendix Exhibit 6 - Email Messages re Foreclosure Sale from A Friedman to K Frey on October 24, 2017, #7 Appendix Exhibit 7 - Email Message from K Frey to A Friedman Attaching Notice of Foreclosure Sale on October 23, 2017, #8 Appendix Exhibit 8 - Secured Party Bill of Sale dated November 6, 2017, #9 Appendix Exhibit 9 - Certificate of Recordation of Purjes Foundation's Secured Party Bill of Sale, #10 Appendix Exhibit 10 - Email messages between E Strassberg and J Cherry re Correction of DigiNext's Answer on December 21, 2017, #11 Appendix Exhibit 11 - Certificate of Copyright Registration for the Film Issued on December 8, 2017, #12 Appendix Exhibit 12 - T C A 47-9-322 - Priorities among conflicting security interests)(Phillips, Gregory) |
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Filing 38
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 2/20/2018. (tcs)
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| Filing 37 Eating You Alive's ANSWER to #35 Third Party Complaint , COUNTERCLAIM against Diginext filed by Eating You Alive. Attorney Gregory D. Phillips added to party Eating You Alive(pty:3pd)(Phillips, Gregory) |
| Filing 36 Purjes Foundation's ANSWER to #32 Counterclaim filed by Dan Purjes.(Phillips, Gregory) |
| Filing 34 WITHDRAWAL OF MOTION by Defendant Diginext re #17 Defendant's MOTION for Summary Judgment filed by Diginext . (Strassberg, Evan) |
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Filing 33
DOCKET TEXT ORDER finding as moot #14 Motion for TRO based on the parties' stipulation at #30 and the court's order at #31 . Signed by Judge Clark Waddoups on 1/17/2018. No attached document. (tcs)
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| Filing 32 COUNTERCLAIM and Third Party Complaint against Dan Purjes filed by Diginext. (Strassberg, Evan) |
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Filing 31
STIPULATION AND ORDER RE FATHOM EVENTS SCREENING-The Court may take the further hearing for the motion for temporaryrestraining order scheduled for Tuesday, January 16, 2018 at 10 a.m. off calendar. See Order for further details. Signed by Judge Clark Waddoups on 1/16/18. (jmr)
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| NOTICE VACATING Follow-Up Hearing on Motion for Temporary Restraining Order HEARING set for 1/16/2018 at 10:00 AM before Judge Clark Waddoups (Notice generated by tcs). Based on the filing of a stipulated agreement by the parties, this hearing is terminated. (tcs) |
| Filing 30 NOTICE of STIPULATION RESOLVING PLAINTIFFS EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Dan Purjes re #25 Notice (Other), #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support (Attachments: #1 Exhibit A - Stipulation re Fathom Events Screening) (Phillips, Gregory) |
| Filing 29 NOTICE OF DEFICIENCY re #25 Notice (Other). The document The party filed a Notice of Joinder. According to DUCivR 7-1(a)(4) parties must file their own motion.DUCivR 7-1(a)(4) Motions Seeking Relief Similar to Another Party's Motion. Each party seeking relief from the Court must file its own motion stating the relief sought and the basis for the requested relief. A party may incorporate by reference the arguments and reasons set forth in another party's motion or memorandum to the extent applicable to that party.The clerk requests the filer of the original document to submit its own motion. The new pleading will receive a new document number on the docket. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (jmr) |
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Filing 28
DOCKET TEXT ORDER. The parties should come to the hearing on 1/16/2018 prepared to discuss In re World Auxiliary Power Company, 303 F.3d 1120 (9th Cir. 2002) and its implications on this case. Signed by Judge Clark Waddoups on 1/11/2018. (tcs)
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| Filing 27 NOTICE OF HEARING ON MOTION re: #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support : Follow up motion hearing set for 1/16/2018 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (tcs) |
| Filing 26 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/11/2018 re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Dan Purjes. The court heard discussion and argument on the motion. After a brief recess, the court made the following interim order: (1) Plaintiff's proposed Film/Screening agreement with Fathom shall be produced to DigiNext under a protective order that only principals--and no third parties--may review it; (2) Any objections or challenges to the reasonableness of the proposed agreement shall be filed by DigiNext no later than Monday, 1/15/2018; (3) plaintiff's counsel shall submit a proposed order for TRO as framed at this morning's hearing no later than 1/15/2018; and (4) a hearing shall be set at 10:00 AM Tuesday 1/16/2018 for the court to consider DigiNext's challenges and determine whether the proposed order should issue. Court was then adjourned. Attorney for Plaintiff: Gregory Phillips, Jared Cherry, Attorney for Defendant: Evan Strassberg. Court Reporter: Laura Robinson.(tcs) |
| Filing 25 NOTICE of Eating You Alive, LLC's Joinder by Dan Purjes re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support (Phillips, Gregory) |
| Filing 24 NOTICE of Appearance by Gregory D. Phillips on behalf of Dan Purjes (Phillips, Gregory) |
| Filing 23 NOTICE of Appearance by Jared L. Cherry on behalf of Dan Purjes (Cherry, Jared) |
| Filing 22 REPLY to Response to Motion re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Dan Purjes. (Attachments: #1 Exhibit 1 - DigiNext v Film Festival Final Arbitration Award, #2 Exhibit 2 - Q3 2017 Recoupment Summary)(Phillips, Gregory) |
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Filing 21
SCHEDULING ORDER AND ORDER VACATING HEARING: Initial Pretrial Hearing vacated. Amended Pleadings due by 4/15/2018. Joinder of Parties due by 3/16/2018. Expert Discovery due by 9/17/2018. Motions due by 10/18/2018. Scheduling/Status Conference set for 10/25/2018 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. Signed by Magistrate Judge Evelyn J. Furse on 1/5/18. (jmr)
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| Filing 20 NOTICE OF HEARING ON MOTION re: #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support : Motion Hearing set for 1/11/2018 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (tcs) |
| Filing 19 Defendant's MEMORANDUM in Opposition re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendant Diginext. (Attachments: #1 Exhibit A - Email from J. Cherry to E. Strassberg, #2 Exhibit B - Proposed Temporary Restraining Order, #3 Exhibit C - Declaration of Ari Friedman, #4 Exhibit D - Certificate of Registration, #5 Exhibit E - Letter from D. Rabinowitz, #6 Exhibit F - Letter from G. Phillips, #7 Exhibit G - Declaration of Evan S. Strassberg, #8 Exhibit H - Declaration of Larry Meistrich)(Strassberg, Evan) |
| Filing 18 AMENDED ANSWER to #2 Complaint,, Counterclaim and Third-Party Complaint filed by Diginext. (Strassberg, Evan) |
| Filing 17 Defendant's MOTION for Summary Judgment filed by Defendant Diginext. (Attachments: #1 Appendix of Evidence Offered in Support of Defendant's Motion for Summary Judgment)(Strassberg, Evan) |
| Filing 16 AFFIDAVIT/DECLARATION of Jared L. Cherry in Support re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Dan Purjes. (Phillips, Gregory) |
| Filing 15 AFFIDAVIT/DECLARATION of Dan Purjes in Support re #14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Dan Purjes. (Phillips, Gregory) |
| Filing 14 Emergency MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Dan Purjes. (Attachments: #1 Exhibit A - Sales & Distribution Agreement, #2 Exhibit B - NBC News Article re 2017 New Year's Resolutions, #3 Exhibit C - Promissory Note Executed by PDK, #4 Exhibit D - UCC-1 Financing Statement, #5 Exhibit E - Copyright Registration Submission, #6 Exhibit F - Secured Party Bill of Sale and Assignment, #7 Exhibit G - Certificate of Recordation at Copyright Office, #8 Exhibit H - Email re DigiNext's Recording of Interest, #9 Exhibit I - Stipulation Re Fathom, #10 Exhibit J - Emails re Proposed Stipulation re Fathom)(Phillips, Gregory) |
| Filing 13 REPORT OF ATTORNEY PLANNING MEETING. (Cherry, Jared) |
| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/usdc-forms, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/attorney-planning-meeting-and-reportIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 1/10/2018 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) |
| Filing 11 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference. (jmr) |
| Filing 10 NOTICE OF ADR, e-mailed or mailed to Defendant Diginext, Plaintiff Dan Purjes. (jmr) |
| Filing 9 ANSWER to Complaint filed by Diginext.(Strassberg, Evan) |
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Filing 8
ORDER granting Stipulated #7 Motion for Extension of Time to Answer. Answer deadline updated for Diginext answer due 12/15/2017. Signed by Judge Clark Waddoups on 11/22/17. (jmr)
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| Filing 7 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint,, filed by Defendant Diginext. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Time to Respond to the Complaint) Attorney Evan S. Strassberg added to party Diginext(pty:dft)(Strassberg, Evan) |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Dan Purjes as to Diginext served on 11/10/2017, answer due 12/1/2017. (Phillips, Gregory) |
| Filing 5 Report on the Filing of an action mailed to the Register of Copyrights Office. (Attachments: #1 Supplement Copy of Complaint) (tlh) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Diginext. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
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Filing 3
ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Signed by Judge Dale A. Kimball on 11/9/2017. (eat)
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| Filing 2 COMPLAINT against Diginext (Filing fee $ 400, receipt number 1088-2879357) filed by Dan Purjes. (Attachments: #1 Exhibit A - Webpage, #2 Exhibit B - Executed Note, #3 Exhibit C - Term Sheet and Note, #4 Exhibit D - Financing Statement, #5 Exhibit E - Copyright Registration, #6 Exhibit F - Bill of Sale, #7 Exhibit G - Cover Sheet for Recordation of Documents, #8 Exhibit H - Letter, #9 Exhibit I - Letter) Assigned to Judge Dale A. Kimball (Phillips, Gregory) |
| Filing 1 Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Dan Purjes is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) |
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