Curran v. Amazon.Com, Inc., et al Featured Case

Plaintiff Erik Curran alleges that (1) defendant Amazon.com, Inc. sold a novel titled \"Killer Elite\" that was published by defendant St. Martin\'s Press, LLC and ha a photograph of plaintiff on the cover; (2) defendant Getty Images, Inc. provided the photograph of plaintiff to St. Martin\'s Press; (3) defendant Hot Toys, Ltd. was using plaintiff\'s photograph as a model for an action figure, and (4) defendant Cafepress.com Inc. sold t-shirts bearing plaintiff\'s photograph.

Plaintiff: Erik Curran
Defendant: Amazon.com, Inc., Getty Images, Inc., St. Martin's Press, LLC, Hot Toys, Ltd., Cafe Press.Com, Inc. and Sideshow, Inc.
Case Number: 2:2007cv00354
Filed: June 1, 2007
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Kanawha
Presiding Judge: John T. Copenhaver, Jr.
Presiding Judge:
Nature of Suit: P.I.: Other
Cause of Action: 28:1332 Diversity-Libel,Assault,Slander
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 11, 2008 Filing 66
STIPULATION EXTENDING TIME for Hot Toys, LTD to file a Reply in Support of its Motion to Dismiss to February 20, 2008 by Hot Toys, Ltd., Amazon.com, Inc., Cafe Press.com, Inc., Erik Curran, Getty Images, Inc., Sideshow, Inc., St. Martin's Press, LLC (Pack, Ashley) (Modified for clarity and to add additional filers on 2/11/2008) (skh).
January 29, 2008 Filing 61
CERTIFICATE OF SERVICE filed by Erik Curran for Plaintiff's First Set of Interrogatories and Request for Production of Document to Defendant Hot Toys, Ltd. (Love, Charles)
January 22, 2008 Filing 60
STATEMENT OF VISITING ATTORNEY from Marc S. Reiner on behalf of Hot Toys, Ltd.. Local counsel: Mychal S. Schulz. Fee $50.00. Receipt # 04250000000000655643. (Schulz, Mychal)
January 18, 2008 Filing 55
CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service for Plaintiff's First Set of Interrogatories and Request For Production of Documents to Defendant Amazon.Com; Plaintiff's First Set of Interrogatories and Request for Production to Defendant St. Martin's Press, LLC; Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant Getty Images, Inc.,; and Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant CafePress.Com, Inc. (Love, Charles)
January 15, 2008 Filing 54
MOTION by Cafe Press.Com, Inc. for Status Conference (Tinney, John) (Modified for clarity on 1/16/2008) (skh).
January 3, 2008 Opinion or Order Filing 53
ORDER directing that the previous deadlines are suspended by the following deadlines: Defendants' Rule 26(a)(2)(A) and (B) disclosures due by 02/14/08; Discovery completed by 03/03/08 and all depositions completed by 04/16/08; All Dispositive Motions except those filed under Rule 12(b) due by 04/21/08, with responses due by 05/05/08, and replies due by 05/12/08. Signed by Judge John T. Copenhaver, Jr. on 1/3/2008. (cc: attys) (mkw)
December 21, 2007 Filing 52
PROPOSED ORDER re 50 STIPULATION EXTENDING TIME by Cafe Press.Com, Inc.,Erik Curran, Amazon.com, Inc. Getty Images, Inc., and St. Martin's Press, LLC (Tinney, John) Modified on 12/26/2007 to add filers and link (Proctor, Rebecca).
December 14, 2007 Filing 51
CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service to Plaintiff's Objections, Answers and Objections to Defendant Amazon.com, Inc.'s First Set of Interrogatories and Request for Production of Documents; Plaintiff's Objections, Answers and Responses to Defendant St. Martin's Press LLC's First Set of Interrogatories and Request for Production of Documents; and Plaintiff's Objections and Responses to Defendants Amazon.Com., Inc's and St. Martin's Press, LLC's First Request for Admissions (Love, Charles) Modified on 12/18/2007 to replace incorrect image(rap).
November 27, 2007 Filing 49
RESPONSE by St. Martin's Press, LLC, Amazon.com, Inc. in support of 48 MOTION by Cafe Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08. (Barnette, David)
November 21, 2007 Filing 48
MOTION by Cafe Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08 (Tinney, John)
November 15, 2007 Filing 47
SUMMONS REISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: 3 Complaint attached to Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to plaintiff's counsel for service. (taq)
November 14, 2007 Filing 46
CERTIFICATE OF SERVICE filed by St. Martin's Press, LLC, Amazon.com, Inc. for Amazon.com, Inc.'s and St. Martin's Press, LLC's First Request for Admissions to Plaintiff (Barnette, David)
October 5, 2007 Opinion or Order Filing 43
ORDER granting plaintiff's 19 MOTION to Amend; the originally-named defendant, Sideshow, Inc., d/b/a Sideshow Collectibles, a Delaware corporation, is dismissed from this action; and Sideshow, Inc., a California corporation, is named as a party in the Delaware corporation's stead. Signed by Judge John T. Copenhaver, Jr. on 10/5/2007. (cc: attys) (mkw)
August 31, 2007 Filing 42
CERTIFICATE OF SERVICE by Getty Images, Inc. for Rule 26(a)(1) Initial Disclosures. (Cooke, Andrew)
August 30, 2007 Filing 40
CERTIFICATE OF SERVICE filed by Cafe Press.Com, Inc. for CafePress.Com, Inc.'s Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26 (Tinney, John)
August 22, 2007 Filing 39
CERTIFICATE OF SERVICE by Erik Curran for Rule 26(a)(1) Initial Disclosures. (Love, Charles)
August 21, 2007 Opinion or Order Filing 38
ORDER TO APPOINT SPECIAL PROCESS SERVICE AND TO EXTEND TIME FOR FOREIGN SERVICE OF PROCESS appointing APS International, Ltd. Special Process Service for the purpose of serving process on the defendant, Hot Toys, Ltd; granting Plaintiff's 35 MOTION To Appoint Special Process Server and to Extend Time for Foreign Service of Process; directing that plaintiff be granted 180 days from the date of entry of this Order to afford service of process on the aforementioned Hong Kong corporation signatory to the Hague Service Convention. Signed by Judge John T. Copenhaver, Jr. on 8/21/2007. (cc: attys) (mkw) (Modified title of entry on 8/22/2007) (Howie, Susan).
August 16, 2007 Filing 37
CERTIFICATE OF SERVICE filed by Erik Curran for Amended Certificate of Service to Plaintiff's Motion to Appoint Special Process Server and to Extend Time for Foreign Service of Process (Love, Charles)
August 14, 2007 Filing 36
PROPOSED ORDER To Appoint Special Process Server and To Extend Time for Foreign Service of Process by Erik Curran (Love, Charles)
July 25, 2007 Filing 34
SUMMONS ISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: Complaint attached to 3 Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to Plaintiff's Attorney for service. (mkw)
July 18, 2007 Opinion or Order Filing 33
ORDER: Cancelling the scheduling conference previously set for 8/2/2007, directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/15/2007. Discovery completed by 2/1/2008; and all depositions completed by 3/17/2008. Expert Witness List by parties bearing the burden of proof due by 12/1/2007, by party not bearing burden of proof due by 1/15/2008, and to solely contradict or rebut evidence due by 2/15/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 4/7/2008, with responses due by 4/21/2008, and replies due by 4/29/2008. Any Mediation concluded by 3/15/2008. Settlement Meeting to be held by 6/9/2008. Motions in limine to be filed by 6/16/2008, with responses due by 6/23/2008. Plaintiff's portion of proposed Pretrial Order to defendants due by 6/11/2008, and Proposed integrated pretrial order due by 6/18/2008. Pretrial Conference set for 6/27/2008 at 02:00 PM in Charleston. Proposed Jury Charge due by 7/23/2008. Final Settlement Conference at 10:00 AM on 7/28/2008. Jury Trial set for 7/29/2008 at 09:30 AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Magistrate Judge Mary E. Stanley on 7/18/2007. (cc: attys) (taq)
July 17, 2007 Filing 32
REPLY by Getty Images, Inc. to 30 Response In Opposition. (Cooke, Andrew)
July 3, 2007 Filing 29
REPLY by St. Martin's Press, LLC to 23 Response In Opposition. (Barnette, David)
June 29, 2007 Filing 27
REPLY by Amazon.com, Inc. to 21 Response In Opposition. (Barnette, David)
June 27, 2007 Filing 26
MEMORANDUM by Getty Images, Inc. in support of 25 MOTION by Getty Images, Inc. to Dismiss (Cooke, Andrew)
June 26, 2007 Filing 24
STIPULATION OF DISMISSAL by St. Martin's Press, LLC, Sideshow Inc., Cafe Press.Com, Inc., Erik Curran, Amazon.com, Inc., Getty Images, Inc. (Barnette, David)
June 14, 2007 Filing 18
CERTIFICATE OF SERVICE filed by Amazon.com, Inc. for Disclosure of Corporate Affiliations and Financial Interest (Barnette, David)
June 11, 2007 Filing 16
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant St. Martin's Press, LLC (Barnette, David)
June 8, 2007 Filing 9
MOTION by St. Martin's Press, LLC to Dismiss (Barnette, David)
June 7, 2007 Filing 7
STATEMENT OF VISITING ATTORNEY from Ian C. Ballon on behalf of Cafe Press.Com, Inc.. Local counsel: John H. Tinney. Fee $50.00. Receipt # 541775. (Tinney, John)
June 5, 2007 Filing 4
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery. (cc: attys; any unrepresented party) (mkw)

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Plaintiff: Erik Curran
Represented By: Marvin W. Masters
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Defendant: Amazon.com, Inc.
Represented By: W. Scott Evans
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Defendant: Getty Images, Inc.
Represented By: Elizabeth L. Taylor
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Defendant: St. Martin's Press, LLC
Represented By: W. Scott Evans
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Defendant: Hot Toys, Ltd.
Represented By: Mychal Sommer Schulz
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Defendant: Cafe Press.Com, Inc.
Represented By: John H. Tinney, Jr.
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Defendant: Sideshow, Inc.
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