Omni Innovations LLC et al v. BMG Music Publishing NA Inc et al
| Omni Innovations LLC and James S Gordon, Jr |
| BMG Columbia House Inc |
| 2:2006cv01350 |
| September 19, 2006 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| John C Coughenour |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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Filing 66
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL signed by Hon. Brian A Tsuchida re 62 MOTION for Leave to Appeal in forma pauperis filed by James S Gordon, Jr; Copy of Order mailed to Plaintiff Gordon and Order electronically forwarded to 9th Circuit. (LMK)
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| Filing 65 IFP deficiency corrected re 64 Minute Order, FORM 4 filed by petitioner (SA) |
| Filing 64 MINUTE ORDER 62 MOTION for Leave to Appeal in forma pauperis filed by James S Gordon, Jr, entered by Hon. Brian A Tsuchida. The Application to Proceed In Forma Pauperis on Appeal is deficient. Plaintiff's motion does not include an affidavit, plaintiff shall have 30 days from the date of this Order to correct this defeciency. The Clerk is directed to send to plaintiff a blank copy of Form 4 of the Appendix of Forms to the Rules of Appellate Procedure, along with a copy of this Order. (cc: Appellant - Form 4 and order)(SA) |
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Filing 63
ORDER of USCA (10-35180) as to 59 Notice of Appeal filed by James S Gordon, Jr Appellant has not paid the docketing and filing fees for this appeal. SEE ORDER FOR FURTHER INSTRUCTION.(SA)
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| Set/Reset Deadlines: has until 4/9/2010 to correct IFP Application deficienty (SA) |
| MOTION(S) REFERRED: To Magistrate Judge Brian A. Tsuchida, (Motion to proceed IFP on appeal only) re 62 MOTION for Leave to Appeal in forma pauperis filed by James S Gordon, Jr (SA) Modified on 4/7/2010 (SA). |
| Filing 62 MOTION for Leave to Appeal in forma pauperis by Plaintiff James S Gordon, Jr. Noting Date 3/9/2010, (SA) |
| Filing 61 TIME SCHEDULE ORDER (10-35180) as to 59 Notice of Appeal filed by James S Gordon, Jr : The schedule is set as follows: Fee due from Appellant on 02/22/2010. Transcript ordered by 03/24/2010. Transcript due 04/23/2010. Appellant opening brief due 06/02/2010. Appellee answering brief due 07/02/2010. Appellant's optional reply brief is due 14 days after service of the answering brief.(LMK) |
| Filing 60 APPEAL NOTIFICATION packet sent to US Court of Appeals re 59 Notice of Appeal (Attachments: # 1 Docket)(LMK) |
| Filing 59 NOTICE OF APPEAL (10-35180) filed by Plaintiff James S Gordon, Jr. (LMK) Modified on 2/25/2010; added CCA case number (LMK). |
| Appeal Fees not received: re 59 Notice of Appeal filed by James S Gordon, Jr (LMK) |
| Filing 58 JUDGMENT BY COURT. The Court GRANTS Defendant's motion for summary judgment and DISMISSES this matter in its entirety. The Clerk of the Court shall close the case. (KL) |
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Filing 57
ORDER by Judge John C Coughenour. The Court hereby DENIES Plaintiff's motion for partial summary judgment (Dkt. No. 48 ). The Court GRANTS Defendant's motion for summary judgment (Dkt. No. 53 ), and thereby DISMISSES this case with prejudice. cc: pltf (KL)
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| Filing 56 DECLARATION of James Gordon Jr. re 55 Reply to Response to Motion by Plaintiff James S Gordon, Jr. (KL) |
| Filing 55 REPLY, filed by Plaintiff James S Gordon, Jr, TO RESPONSE to 48 MOTION for Partial Summary Judgment (KL) |
| Filing 54 RESPONSE, by Defendant BMG Columbia House Inc, to 48 MOTION for Partial Summary Judgment. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Townsend, Roger) |
| Filing 53 RESPONSE, by Defendant BMG Columbia House Inc, to 48 MOTION for Partial Summary Judgment. Oral Argument Requested. (Townsend, Roger) |
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Filing 52
ORDER by Judge John C Coughenour. The Court DENIES Pltf's Motion for Leave to Amend the Complaint, docket no. 44 .(CL) (cc: pltf. James S. Gordon)
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| Filing 51 DECLARATION of James S. Gordon III filed by Plaintiff James S Gordon, Jr re 48 MOTION for Partial Summary Judgment (KL) |
| Filing 50 DECLARATION of Bonnie F. Gordon filed by Plaintiff James S Gordon, Jr re 48 MOTION for Partial Summary Judgment (KL) |
| Filing 49 DECLARATION of Plaintiff filed by Plaintiff James S Gordon, Jr re 48 MOTION for Partial Summary Judgment (KL) |
| Filing 48 MOTION for Partial Summary Judgment by Plaintiff James S Gordon, Jr. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/22/2010, (KL) |
| Filing 47 RESPONSE, by Defendant BMG Columbia House Inc, to 44 MOTION for Leave. (Townsend, Roger) |
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Filing 46
ORDER by Judge Robert S. Lasnik. There being no evidence of bias or prejudice, plaintiff's request to remove Judge Coughenour (docket # 41 is DENIED. cc: James Gordon. (KL)
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Filing 45
ORDER by Judge John C Coughenour. The Court REFERS Pltf's 41 Motion for Recusal to Chief Judge Robert S. Lasnik for further review.(CL) (cc: pltf James Gordon, Jr.) Modified on 10/27/2009 (CL).
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| Filing 44 MOTION for Leave to Amend the Complaint by Plaintiff James S Gordon, Jr. (Attachments: # 1 Hearing of motion, # 2 Declaration in support, # 3 Exhibits A-H to Declaration in Support, # 4 Proposed amended complaint, # 5 Proposed Order) Noting Date 11/20/2009. (CL) |
| Filing 43 MOTION to strike re 42 Response to Motion by Plaintiff James S Gordon, Jr. Noting Date 10/16/2009. (CL) |
| Filing 42 RESPONSE, by Defendant BMG Columbia House Inc, to 41 MOTION for Recusal. (Townsend, Roger) |
| Filing 41 MOTION for Recusal by Plaintiff James S Gordon, Jr. (Attachments: # 1 Hearing on Motion, # 2 Proposed Order, # 3 Exhibits) Noting Date 9/30/2009, (KL) |
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Filing 40
ORDER denying 38 Plaintiff James Gordon Jr's Motion for a Change of Venue and Modification of Order to Stay by Judge John C Coughenour.(MD, )
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| Filing 39 RESPONSE, by Defendant BMG Columbia House Inc, to 38 MOTION & Declaration for a Change of Venue and Modification of Order to Stay. (Townsend, Roger) |
| Filing 38 MOTION & Declaration for a Change of Venue and Modification of Order to Stay by Plaintiff James S Gordon, Jr. (Attachments: # 1 Hearing on Motion to Change Venue and Modification of Order to Stay# 2 Proposed Order# 3 Cover Letter)Noting Date 2/1/2008.(TS, ) |
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Filing 37
MINUTE ORDER by Judge John C Coughenour. The Court GRANTS 30 Motion for Leave to Withdraw as counsel. Mr. Siegel and Mr. McKinley are hereby permitted to to withdraw as counsel in this matter. Such withdrawal is effective as of Thursday, October 11, 2007(CL, )
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| Filing 36 MINUTE ORDER by John C. Coughenour, United States District Judge.The Court RE-NOTES for 9/14/07 MOTION to Withdraw as Attorney docket no. 30 .. (CL, ) |
| Filing 35 STRICKEN as per Minuted Order docket no. 36 . REPLY , filed by Plaintiffs Omni Innovations LLC, James S Gordon, Jr, TO RESPONSE to 30 MOTION to Withdraw as Attorney (Siegel, Robert) Modified on 9/7/2007 (CL, ). |
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Filing 34
MINUTE ORDER by Judge John C Coughenour. This case is hereby STAYED and REMOVED from the Court's active caseload. The parties are directed to notify the Court in the event they wish the matter to be reopened. (CL, )
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| Filing 33 STIPULATION To Stay Litigation by parties. (Attachments: # 1 Proposed Order)(Siegel, Robert) |
| Filing 32 SEALED DOCUMENT Declaration of Douglas E. McKinley, Jr. by Plaintiffs Omni Innovations LLC, James S Gordon, Jr re 30 MOTION to Withdraw as Attorney. (Attachments: # 1 Exhibit Exhibit A)(Siegel, Robert) |
| Filing 31 SEALED DOCUMENT Declaration of Robert J. Siegel by Plaintiffs Omni Innovations LLC, James S Gordon, Jr re 30 MOTION to Withdraw as Attorney. (Attachments: # 1 Exhibit Exhibit A)(Siegel, Robert) |
| Filing 30 MOTION to Withdraw as Attorney by Plaintiffs Omni Innovations LLC, James S Gordon, Jr. (Attachments: # 1 Proposed Order)Noting Date 8/31/2007.(Siegel, Robert) |
| Filing 29 Second DECLARATION of James S. Gordon, Jr. filed by Plaintiffs Omni Innovations LLC, James S Gordon, Jr re 20 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit # 2)(Siegel, Robert) |
| Filing 28 REPLY, filed by Plaintiffs Omni Innovations LLC, James S Gordon, Jr, TO RESPONSE to 20 MOTION for Partial Summary Judgment (Siegel, Robert) |
| Filing 27 DECLARATION of Noah Rosen filed by Defendant BMG Columbia House Inc re 20 MOTION for Partial Summary Judgment (Townsend, Roger) |
| Filing 26 DECLARATION of Roger Townsend filed by Defendant BMG Columbia House Inc re 20 MOTION for Partial Summary Judgment (Townsend, Roger) |
| Filing 25 RESPONSE, by Defendant BMG Columbia House Inc, to 20 MOTION for Partial Summary Judgment. (Townsend, Roger) |
| Filing 24 NOTICE of Appearance by attorney Roger M Townsend on behalf of Defendant BMG Columbia House Inc. (Townsend, Roger) |
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Filing 23
STIPULATION AND ORDER RE-NOTING 20 PLAINTIFF'S MOTION for Partial Summary Judgment; Noting Date 7/13/2007, by Judge John C Coughenour. (TS, )
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| Filing 22 STIPULATION AND PROPOSED ORDER RENOTING PLAINTIFFS' MOTION by parties re 20 MOTION for Partial Summary Judgment. (Attachments: # 1 Certificate of Service)(Townsend, Roger) |
| Filing 21 DECLARATION of James S. Gordon, Jr. filed by Plaintiff James S Gordon, Jr re 20 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Errata Signature Page)(Siegel, Robert) |
| Filing 20 MOTION for Partial Summary Judgment by Plaintiff James S Gordon, Jr. (Attachments: # 1 Proposed Order)Noting Date 7/6/2007.(Siegel, Robert) |
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Filing 19
ORDER denying 17 Dft;s Motion to Stay, by Judge John C Coughenour.(CL, )
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| Filing 18 REPLY, filed by Defendant BMG Columbia House Inc, TO RESPONSE to 17 MOTION to Stay This Litigation (Attachments: # 1 Certificate of Service)(Townsend, Roger) |
| Filing 17 MOTION to Stay This Litigation by Defendant BMG Columbia House Inc. (Attachments: # 1 Proposed Order # 2 Certificate of Service)Noting Date 5/25/2007.(Townsend, Roger) |
| Filing 16 ANSWER to Amended Complaint by BMG Columbia House Inc. (Attachments: # 1 Certificate of Service)(Townsend, Roger) |
| Filing 15 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Roth; Counsel: Siegel/Townsend; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Bench Trial is set for 7/14/2008 at 09:30 AM before John C Coughenour.,Pretrial Order due by 7/3/2008,Pleading amendment/3rd pty action due by 11/9/2007,39.1 mediation to be completed by 5/9/2008,Trial briefs to be submitted by 7/10/2008 (JM, ) |
| Filing 14 EXHIBIT (2nd Amended Complaint) re 12 Stipulation by Plaintiff Omni Innovations LLC. (Siegel, Robert) |
| Filing 13 Second AMENDED COMPLAINT against defendant(s) all defendants, filed by Omni Innovations LLC.(Siegel, Robert) |
| Filing 12 STIPULATION Allowing Filing of 2nd Amended Complaint by parties. (Siegel, Robert) |
| Filing 11 MINUTE ORDER is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge. Pltfs' 10 Second Amended Complaint is STRICKEN. (CL, ) |
| Filing 10 (STRICKEN, as per MO, docket no. 11 ). Second AMENDED COMPLAINT against defendant(s) BMG Columbia House Inc, filed by Omni Innovations LLC.(Siegel, Robert) Modified/text on 3/22/2007 (CL, ). |
| Filing 9 JOINT STATUS REPORT signed by all parties; estimated Trial Days: 5.. (Siegel, Robert) |
| Filing 8 WAIVER OF SERVICE of summons upon defendant BMG Columbia House Inc mailed on 3/8/2007 (Siegel, Robert) |
| HEARING CONTINUED: Status Conference set for 2/1/2007 is continued to 4/3/2007 at 09:00 AM before John C Coughenour. Counsel for plaintiff is directed to notify defendants of the date and time of the scheduled conference. There will be no further continuances of the status status conference in this case.(JM, ) |
| Filing 7 AMENDED COMPLAINT against defendant(s) BMG COLUMBIA HOUSE, INC., STUART AND JANE DOE GOLDFARB, filed by James S Gordon, Jr.(Siegel, Robert) |
| Filing 6 NOTICE of Association of Attorney by Robert J. Siegel on behalf of Plaintiffs Omni Innovations LLC, James S Gordon, Jr (Siegel, Robert) |
| HEARING CONTINUED: Status Conference set for 12/19/2006 is continued to 2/1/2007 at 09:00 AM before John C Coughenour. Counsel for plaintiff is directed to notify all parties of the date and time of the conference.(JM, ) |
| Filing 5 DECLARATION OF SERVICE OF SUMMONS and Complaint upon Publishers Clearing House/Bill Lane on 10/10/06.(CL, ) |
| Filing 4 DECLARATION OF SERVICE OF SUMMONS and Complaint upon Bill Lane on 10/10/06. (CL, ) |
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Filing 3
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, )
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| Filing 2 MINUTE ENTRY setting status conference: The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 12/19/2006 at 09:00 AM before John C Coughenour. (JM, ) |
| Filing 1 COMPLAINT against defendant(s) Jane Doe Firth, John 1-10 Does, BMG Music Publishing NA Inc, Nicholas Firth (Summons(es) issued) (Receipt # SEA4106) , filed by Omni Innovations LLC, James S Gordon, Jr. (Attachments: # 1 Civil Cover Sheet)(RS, ) |
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