Cvent, Inc. v. Eventbrite, Inc. et al
| Cvent, Inc. |
| Eventbrite, Inc. and Does 1-10, individuals and/or business entities of unknown nature |
| 1:2010cv00481 |
| May 10, 2010 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Fairfax |
| Leonie M. Brinkema |
| Copyrights |
| 17 U.S.C. § 101 |
| None |
Docket Report
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Filing 63
CONSENT ORDER re 61 Joint MOTION to Dismiss and for Entry of Consent Order filed by Cvent, Inc. (see Order for details) Signed by District Judge Leonie M. Brinkema on 10/8/10. (tfitz, )
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Filing 62
ORDER that this Court hereby GRANTS the Motion. A Consent Order in the form attached to the Motion as Exhibit A shall be entered, and the claims of Cvent, Inc. against Eventbrite, Inc. in this action shall be dismissed with prejudice. Signed by District Judge Leonie M. Brinkema on 10/8/10. (tfitz, )
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| Filing 61 Joint MOTION to Dismiss and for Entry of Consent Order by Cvent, Inc.. (Attachments: # 1 Proposed Order Consent Order, # 2 Proposed Order Dismissal)(Shakow, Thomas) |
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Filing 60
CONSENT ORDER that upon consideration of the Motion, and good cause having been shown, this Court hereby GRANTS the 59 Motion. The claims of Cvent, Inc. against Stephan Foley in this action shall be dismissed with prejudice. Each party shall bear its own costs. Signed by District Judge Leonie M. Brinkema on 10/5/10. (tfitz, )
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| Filing 59 Joint MOTION to Dismiss Claims Against Stephan Foley by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Shakow, Thomas) |
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Filing 58
ORDERED that the time for Eventbrite to file its Answer to Plaintiff Cvent's First Amended Complaint shall be extended by fourteen (14) days; it is further ORDERED that Defendant Eventbrite shall file its Answer with the Court no later than Wednesday, October 13, 2010; it is further ORDERED that the time for filing the parties' joint discovery plan shall be extended by fourteen (14) days. The joint discovery plan shall be filed with the Court by Wednesday, October 13,2010; it is further ORDERED that the Federal Rule 16(b) scheduling conference presently set for Wednesday, October 6, 2010, shall instead be held on Wednesday, October 20, 2010, at 11:00 a.m.; and it is further ORDERED that all other deadlines set in this Court's September 8, 2010 Scheduling Order shall remain the same. Signed by Magistrate Judge Ivan D. Davis on 10/1/10. (tfitz, )
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| Reset Scheduling Order Deadlines: Initial Pretrial Conference reset for 10/20/2010 at 11:00 AM before Magistrate Judge Ivan D. Davis. (tfitz, ) |
| Notice of Correction re 57 Joint MOTION for Extension of Time to File Answer re 35 Amended Complaint MOTION for Extension of Time to File Discovery Plan MOTION to Continue Rule 16(b) Conference- attorney notified to file each motion for relief seperate for future filings. (tfitz, ) |
| Filing 57 Joint MOTION for Extension of Time to File Answer re 35 Amended Complaint, MOTION for Extension of Time to File Discovery Plan, MOTION to Continue Rule 16(b) Conference by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Shakow, Thomas) |
| Reset Scheduling Order Deadlines: Initial Pretrial Conference set for 10/6/2010 at 11:00 AM before Magistrate Judge Ivan D. Davis. (per IDD Chambers) (tfitz, ) |
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Filing 56
ORDER granting 55 Motion for Extension of Time to File; granting 55 Motion to Continue. Signed by Magistrate Judge Ivan D. Davis on 9/22/2010. (Davis, Ivan)
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| Filing 55 Joint MOTION for Extension of Time To File Discovery Plan, Joint MOTION to Continue Rule 16(b) Conference by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Shakow, Thomas) |
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Filing 54
ORDER that Counts Two, Three, Five, Seven, and Eight of Plaintiff's First Amended Complaint be and are dismissed as to defendant Foley, and plaintiff's prayers for statutory damages and attorney's fees under the Copyright Act (Count One), and any relief under Counts Two, Three, Five, Seven, and Eight, be and are stricken as to defendant Foley. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 9/17/10. (nhall)
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| Filing 53 Response to Plaintiff's Complaint and Notice of Pending Dismissal of Claims Against Foley filed by Stephan Foley. (Byrnes, Kevin) |
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Filing 51
MEMORANDUM OPINION: For the reasons stated in open court and in this Memorandum Opinion, Eventbrite's motion to dismiss will be granted as to Counts Two, Three, Five, Seven, and Eight, and denied as to Counts Four and Six. Defendant's motion to strike portions of plaintiff's prayer for relief will be granted in part and denied in part, as described above.Signed by District Judge Leonie M. Brinkema on 09/14/10. (yguy)
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Filing 52
ORDER: For the reasons stated in open court and in the accompanying Memorandum Opinion, defendant Eventbrite, Inc.'s Motion to Dismiss First Amended Complaint[Dkt. 38] is GRANTED IN PART and DENIED IN PART. Accordingly, it is hereby ORDERED that Counts Two, Three, Five, Seven, and Eight of Plaintiff's First Amended complaint be and are dismissed, and plaintiff's prayers for statutory damages and attorney's fees under the Copyright Act (Count One), and any relief under Counts Two, Three, Five, Seven, and Eight, be and are stricken. Signed by District Judge Leonie M. Brinkema on 09/14/10. (yguy)
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| Filing 50 Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 9/10/2010. Appearance of counsel. Deft's 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support was argued in open court and TAKEN UNDER ADVISEMENT. (Court Reporter Thomson.) (yguy) |
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Filing 49
ORDER that Defendant Stephan Foley shall respond to Plaintiff's Complaint no later than September 17, 2010. Signed by District Judge Leonie M. Brinkema on 9/9/2010. (stas)
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Filing 48
SCHEDULING ORDER: Initial Pretrial Conference set for 9/29/2010 at 11:00 AM before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 1/20/2011 at 10:00 AM before District Judge Leonie M. Brinkema. Discovery due by 1/14/2011. Signed by District Judge Leonie M. Brinkema on 9/8/10. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Consent Form)(tfitz, )
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Filing 47
ORDER granting 46 Motion for Extension of Time to Answer Stephan Foley answer due 9/17/2010.. Signed by Magistrate Judge Ivan D. Davis on 9/8/2010. (Davis, Ivan)
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| Filing 46 Joint MOTION for Extension of Time to File Answer re 35 Amended Complaint by Stephan Foley, filed by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Shakow, Thomas) |
| Filing 45 Reply to Motion re 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support filed by Eventbrite, Inc.. (Melander, Deneen) |
| Filing 44 Memorandum in Opposition re 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support filed by Cvent, Inc.. (Attachments: # 1 Exhibit Email from P. Rauser to M. Page Aug 19 2010)(Shakow, Thomas) |
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Filing 43
ORDER granting 42 Motion for Extension of Time to Answer Stephan Foley answer due 9/10/2010.. Signed by Magistrate Judge Ivan D. Davis on 8/24/2010. (Davis, Ivan)
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| Notice of Correction re 42 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint- attorney notified to file Notice of Hearing. (tfitz, ) |
| Filing 42 MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Stephan Foley. (Byrnes, Kevin) |
| Filing 41 NOTICE of Appearance by Kevin Edward Byrnes on behalf of Stephan Foley (Byrnes, Kevin) |
| Set Deadlines as to 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support. Motion Hearing set for 9/10/2010 at 10:00 AM before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 40 Notice of Hearing Date set for 09/10/2010 re 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support (Melander, Deneen) |
| Filing 39 NOTICE by Eventbrite, Inc. re 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support --Request for Judicial Notice (Attachments: # 1 Exhibit Ex. 1 to Request for Judicial Notice, # 2 Exhibit Ex. 2 to Request for Judicial Notice, # 3 Exhibit Ex. 3 to Request for Judicial Notice, # 4 Exhibit Ex. 4 to Request for Judicial Notice)(Melander, Deneen) |
| Filing 38 MOTION to Dismiss First Amended Complaint and Memorandum in Support by Eventbrite, Inc.. (Melander, Deneen) |
| Filing 37 First Amended Complaint SUMMONS Returned Executed; Stephan Foley served on 8/4/2010, answer due 8/25/2010. (tche) |
| Filing 36 Summons Issued for AMENDED COMPLAINT given to attorney for service by SPS as to Stephan Foley. (tfitz, ) |
| Filing 35 AMENDED COMPLAINT against Eventbrite, Inc., Stephan Foley, filed by Cvent, Inc..(Shakow, Thomas) |
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Filing 34
ORDER granting 33 Motion to Withdraw as Attorney. Attorney Eric Jay Feigin terminated. Signed by District Judge Leonie M. Brinkema on 7/15/10. (tfitz, )
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| Filing 33 MOTION to Withdraw as Attorney for Defendant Eventbrite, Inc. by Eventbrite, Inc.. (Attachments: # 1 Proposed Order)(Feigin, Eric) |
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Filing 32
ORDERED that plaintiff file its amended complaint within fourteen (14) days or this action will be dismissed. Signed by District Judge Leonie M. Brinkema on 7/15/10. (tfitz, )
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Filing 31
ORDERED that the time for Evenbrite to file and serve its answer or other response to the complaint in this action shall be tolled until not later than 10 days after service of Cvent's First Amended Complaint. See Order for details. Signed by District Judge Leonie M. Brinkema on 6/14/2010. (rban, )
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| Filing 30 Joint MOTION for Extension of Time to File Answer re 1 Complaint by Eventbrite, Inc.. (Attachments: # 1 Proposed Order)(Melander, Deneen) |
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Filing 29
ORDER granted for Pro hac vice of Ragesh Kumar Tangri Filing fee $ 50.00, receipt number 14683013847. Signed by District Judge Leonie M. Brinkema on 6/1/10. (Attachments: # 1 Receipt)(tfitz, )
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Filing 28
ORDER granted for Pro hac vice of Michael Henry Page Filing fee $ 50.00, receipt number 14683013847. Signed by District Judge Leonie M. Brinkema on 6/1/10. (Attachments: # 1 Receipt)(tfitz, )
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| Filing 27 NOTICE of Appearance by Thomas Edward Shakow on behalf of Cvent, Inc. (Shakow, Thomas) |
| Filing 26 Financial Interest Disclosure Statement (Local Rule 7.1) by Eventbrite, Inc.. (Melander, Deneen) |
| Filing 25 NOTICE of Appearance by Deneen J. Melander on behalf of Eventbrite, Inc. (Melander, Deneen) |
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Filing 24
STIPULATION AND CONSENT ORDER RE: PLAINITFF'S MOTION FOR EXPEDITED DISCOVERY CONCERNING IDENTITY OF DOE 1-10 AND LITIGATION STANDSTILL. (see Order for details) Signed by District Judge Leonie M. Brinkema on 5/20/10. (tfitz, )
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Filing 23
ORDER that the Stipulation and Consent Order entered on May 19, 2010 21 be and is VACATED. Signed by District Judge Leonie M. Brinkema on 5/20/10. (tfitz, )
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| Filing 22 Joint MOTION to Vacate 21 Stipulation and Order and Enter Corrected Stipulation and Order by Cvent, Inc.. (Garcia, Oliver) |
| Filing 20 NOTICE by Cvent, Inc. re 19 Stipulation, of Corrected Filing (Attachments: # 1 Corrected Stipulation and Proposed Consent Order, # 2 Exhibit A, # 3 Exhibit B)(Garcia, Oliver) |
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Filing 21
STIPULATION AND CONSENT ORDER RE: PLAINITFF'S MOTION FOR EXPEDITED DISCOVERY CONCERNING IDENTITY OF DOE 1-10. ( see Order for details) Signed by District Judge Leonie M. Brinkema on 5/19/10. (tfitz, )
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| Filing 19 STIPULATION re 4 MOTION for Preliminary Injunction, 11 MOTION to Expedite Discovery Concerning Identity of Defendants Doe 1-10, 5 MOTION for Temporary Restraining Order and Proposed Consent Order by Cvent, Inc., Eventbrite, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Garcia, Oliver) |
| Filing 18 NOTICE of Appearance by Eric Jay Feigin on behalf of Eventbrite, Inc. (Feigin, Eric) |
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Filing 17
ORDER granted for Pro hac vice of Paul C. Rauser Filing fee $ 50.00, receipt number 14683013460. Signed by District Judge Leonie M. Brinkema on 5/17/10. (Attachments: # 1 Receipt)(tfitz, )
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| Filing 16 SUMMONS Returned Executed as to Eventbrite, Inc. served on 5/12/2010, answer due 6/2/2010. (tfitz, ) |
| Set Deadlines as to 9 Emergency MOTION to Expedite Briefing Schedule and Hearing. Motion Hearing set for 5/21/2010 at 10:00 AM before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 15 Notice of Hearing Date re 9 Emergency MOTION to Expedite Briefing Schedule and Hearing (Garcia, Oliver) |
| Notice of Correction re 11 MOTION to Expedite Discovery Concerning Identity of Defendants Doe 1-10- attorney notified to file Notice of Hearing. (tfitz, ) |
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Filing 14
ORDER following an ex parte status conference held by Judge Lee for Judge Brinkema re: Plaintiff's 9 Emergency MOTION to Expedite Briefing Schedule and Hearing filed by Cvent, Inc., that Plaintiff notice its motion to expedite for a hearing on Friday, 5/21/10 before Judge Brinkema, with a hearing on Plaintiff's 4 motion for preliminary injunction and 5 motion for temporary restraining order to follow at a later date. /s/ by District Judge Gerald Bruce Lee on 5/11/10. (tbul, )
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| Deadlines set re 9 Emergency Motion to Expedite Briefing Schedule and Hearing. (tfitz, ) |
| Filing 13 Minute Entry for proceedings held before District Judge Gerald Bruce Lee: Telephone Status Conference re: status of service of complaint, TRO, PI motion, and motion for expedited hearing to set a briefing schedule, held by Judge Lee for Judge Brinkema, on 5/11/2010. Appearances: By phone, Paul Rauser for Pltff, only. Judge Lee set Hearing as to 9 Emergency MOTION to Expedite Briefing Schedule and Hearing: Motion Hearing set for 5/21/2010 at 10:00 AM before District Judge Leonie M. Brinkema, with a hrg. on the TRO, PI to be held after the briefing sched. has been established. Order to follow.(Court Reporter R. Wilson.) (tbul, ) |
| Filing 12 Memorandum in Support re 11 MOTION to Expedite Discovery Concerning Identity of Defendants Doe 1-10 filed by Cvent, Inc.. (Garcia, Oliver) |
| Filing 11 MOTION to Expedite Discovery Concerning Identity of Defendants Doe 1-10 by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Garcia, Oliver) |
| Filing 10 Memorandum in Support re 9 Emergency MOTION to Expedite Briefing Schedule and Hearing filed by Cvent, Inc.. (Garcia, Oliver) |
| Filing 9 Emergency MOTION to Expedite Briefing Schedule and Hearing by Cvent, Inc.. (Attachments: # 1 Proposed Order)(Garcia, Oliver) |
| Filing 8 Memorandum in Support re 7 MOTION for Leave to Exceed Page Limit filed by Cvent, Inc. (tfitz, ) |
| Filing 7 MOTION for Leave to Exced Page Limit by Cvent, Inc. (tfitz, ) |
| Filing 6 Memorandum of Points and Authorities in Support re 4 MOTION for Preliminary Injunction, 5 MOTION for Temporary Restraining Order filed by Cvent, Inc. (Attachments: # 1 Declaration of Charles Ghoorah, # 2 Declaration of Eric Eden, # 3 Declaration of Jeffrey Yestrumskas, # 4 Tab/Attachment 1-4 of Yestrumskas Declaration, # 5 Tab/Attachment 5-9 of Yestrumskas Declaration)(tfitz, ) |
| Filing 5 MOTION for Temporary Restraining Order by Cvent, Inc. (Attachments: # 1 Proposed Order)(tfitz, ) |
| Filing 4 MOTION for Preliminary Injunction by Cvent, Inc. (Attachments: # 1 Proposed Order)(tfitz, ) |
| Filing 3 Summons Issued and given to attorney for service by SPS as to Eventbrite, Inc. (tfitz, ) |
| Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Cvent, Inc. (tfitz, ) |
| Filing 1 COMPLAINT against Does 1-10, individuals and/or business entities of unknown nature,, Eventbrite, Inc. ( Filing fee $ 350.00 receipt number 14683013459.), filed by Cvent, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(tfitz, ) |
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