Court: | scd |
Docket #: | 2:10-cv-03075 |
Case Name: | Righthaven LLC v. Eiser |
PACER case #: | 178965 |
Date filed: | 2010-12-02 |
Date terminated: | 2012-02-16 |
Date of last filing: | 2011-10-20 |
Assigned to: | Honorable Richard M Gergel |
Referred to: | Magistrate Judge Jacquelyn D Austin |
Case Cause: | 28:1338 Copyright Infringement |
Nature of Suit: | 820 Copyright |
Jury Demand: | Both |
Jurisdiction: | Federal Question |
Represented Party | Attorney & Contact Info |
Righthaven LLC Counter Defendant a Nevada limited-liability company |
Edward Anton Bertele Edward T Fenno |
Dana Eiser Counter Claimant an individual |
James John Todd Kincannon Jared Quante Libet Larkin Taylor Thad Viers William M Connor |
Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
2010-12-02 | 1 | 0 | Complaint | COMPLAINT against Dana Eiser ( Filing fee $ 350 receipt number 0420-3080966.), filed by Righthaven LLC. (Attachments: # 1Exhibits 1 through 3: 1. Denverpost.com 2. Lowcountry912's Blog 3. Application)(alan, ) (Entered: 12/03/2010) | 2010-12-07 11:24:06 | df69214fbed32ca21086f3f67a313543c96819e4 |
1 | 1 | Exhibit Exhibits 1 through 3: 1. Denverpost.com 2. Lowcountry912's Blog 3. | 2010-12-07 13:56:30 | b0f2345d4621e13916759504ed6f3dab19dd7dc4 | ||
2010-12-02 | 2 | 0 | Local Rule 26.01 Answers to Interrogatories | Local Rule 26.01 Answers to Interrogatories by Righthaven LLC.(alan, ) Modified on 8/3/2011: see 67 Amended LR 26.01s (kmca). (Entered: 12/03/2010) | 2010-12-07 13:54:45 | 8c75a4ab95cc3d84d5ed0d35cc092ed4e0acb700 |
2010-12-02 | 4 | 0 | Summons Issued | Summons Issued as to Dana Eiser. (alan, ) (Entered: 12/03/2010) | ||
2010-12-03 | 5 | 0 | Report on the Filing or Determination of Copyright | Report on the Filing or Determination of an Action or Appeal Regarding a Copyright. (alan, ) (Entered: 12/03/2010) | ||
2010-12-03 | 6 | 0 | Document E-Mailed | ***DOCUMENT E-MAILED 5 Report on the Filing or Determination of Copyright to 508filings@loc.gov at the Register of Copyrights, Copyright Office, Washington DC 20559. (alan, ) (alan, ). (Entered: 12/03/2010) | ||
2011-01-18 | 7 | 0 | Answer to Complaint | ANSWER to 1 Complaint by Dana Eiser.(rpol, ) (Entered: 01/19/2011) | ||
2011-01-24 | 13 | 0 | Entry Deletion | DELETION OF DOCKET ENTRY NUMBER #11. Reason: document filed in error. A new scheduling order will be filed by the Court. (rpol, ) (Entered: 01/24/2011) | ||
2011-01-26 | 14 | 0 | Order to Notify of Address Change | ORDER directing pro se defendant. Dana Eiser, to notify Clerk in writing of any address changes. Signed by Magistrate Judge Bristow Marchant on 1/24/11. (hhil, ) (Entered: 01/26/2011) | ||
2011-01-26 | 15 | 0 | Scheduling Order | SCHEDULING ORDER: Amended Pleadings due by 2/25/2011, Plaintiffs ID of Expert Witness due by 3/25/2011, Defendants ID of Expert Witnesses Due by 4/25/2011, Records Custodian Affidavit due by 4/25/2011, Discovery due by 5/25/2011, Motions due by 7/25/2011, ADR Statement due by 5/25/2011, Mediation Due by 6/24/2011. Signed by Magistrate Judge Bristow Marchant on 1/25/11. (hhil, ) (Entered: 01/26/2011) | ||
2011-01-26 | 16 | 0 | Document Mailed | ***DOCUMENT MAILED 15 Scheduling Order, 14 Order to Notify of Address Change placed in U.S. Mail to Dana Eiser. (hhil, ) (Entered: 01/26/2011) | ||
2011-02-15 | 17 | 0 | Notice of Appearance | NOTICE of Appearance by Jared Quante Libet on behalf of Dana Eiser (Libet, Jared) (Entered: 02/15/2011) | ||
2011-02-15 | 18 | 0 | Local Rule 26.01 Answers to Interrogatories | Local Rule 26.01 Answers to Interrogatories by Dana Eiser.(Libet, Jared) (Entered: 02/15/2011) | 2011-03-01 14:24:46 | 7d36b3f8c76f72c1f718594883375a11fbae8f64 |
2011-02-25 | 22 | 0 | Amended Answer to Complaint | AMENDED ANSWER to Complaint, COUNTERCLAIM against Righthaven LLC by Dana Eiser. (Libet, Jared) (Entered: 02/25/2011) | 2011-03-01 02:15:15 | f5d434980a3a46b2a9d48636f96c01b90ff9407a |
2011-03-11 | 23 | 0 | Motion to Dismiss | MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f) by Righthaven LLC. Response to Motion due by 3/28/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Unpublished decision - Monster Daddy LLC v. Monster Cable Products, Inc. (D.S.C. 2010), # 3 Exhibit B - Unpublished decision - Bunch v. Shalala (4th Cir. 1995), # 4 Exhibit C - Unpublished decision - Lincoln National Corp. v. Steadfast Insurance Co. (N.D.Ind. 2006), # 5 Exhibit D - Unpublished decision - Stoudemire v. Branch Banking & Trust Bankcard Corp. (D.S.C. 2010))No proposed order(Fenno, Edward) (Entered: 03/11/2011) | ||
23 | 1 | Memo in Support | 2011-03-17 14:16:15 | 12dea08bdabf5a36a5c34c5f1f316712256922e3 | ||
23 | 2 | Exhibit A - Unpublished decision - Monster Daddy LLC v. Monster Cable Products, | ||||
23 | 3 | Exhibit B - Unpublished decision - Bunch v. Shalala (4th Cir. 1995) | ||||
23 | 4 | Exhibit C - Unpublished decision - Lincoln National Corp. v. Steadfast Insurance | ||||
23 | 5 | Exhibit D - Unpublished decision - Stoudemire v. Branch Banking & Trust Bankcard | ||||
2011-03-25 | 24 | 0 | Order Referring Case to Magistrate Judge(Non-Consent) | ORDER REFERRING CASE to Magistrate Judge Jacquelyn D Austin. Signed by Honorable Richard M Gergel on 3/25/2011. Motions referred to Jacquelyn D Austin.(sshe, ) (Entered: 03/25/2011) | ||
2011-03-25 | 27 | 0 | Scheduling Order | AMENDED SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/15/2011, 26(a) Initial Disclosures due by 4/29/2011, Rule 26 Report due by 4/29/2011, Amended Pleadings due by 6/23/2011, Plaintiffs ID of Expert Witness due by 7/25/2011, Defendants ID of Expert Witnesses Due by 8/22/2011, Records Custodian Affidavit due by 8/29/2011, Discovery due by 9/21/2011, Motion in Limine due by 9/28/2011, Motions due by 10/5/2011, Rule 26(a)(3) Disclosures due by 12/12/2011, Pretrial Briefs due by 12/12/2011, Jury Selection Deadline 12/19/2011. Signed by Magistrate Judge Jacquelyn D Austin on 3/25/11. (kmca) (Entered: 03/25/2011) | ||
2011-03-28 | 28 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Dana Eiser.Reply to Response to Motion due by 4/7/2011 (Libet, Jared) Modified on 3/29/2011: to remove duplicate text (kmca). Modified on 7/15/2011: see 62 Amended Response (kmca). (Entered: 03/28/2011) | 2012-02-25 16:08:56 | d8361ec26cddcd29a6cd75aebd5eab23e75a7327 |
2011-04-01 | 30 | 0 | Motion to Amend/Correct | MOTION to Amend/Correct 1 Complaint by Righthaven LLC. Response to Motion due by 4/18/2011 (Attachments: # 1 Exhibit "A" - Proposed Amended Complaint and Demand for Jury Trial and Related Exhibits)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Jacquelyn D Austin.(Fenno, Edward) (Entered: 04/01/2011) | ||
2011-04-04 | 33 | 0 | Order on Motion to Amend/Correct | TEXT ORDER granting 30 Motion to Amend/Correct 1 Complaint. Plaintiff should file the Amended Complaint in the CM/ECF system. Signed by Magistrate Judge Jacquelyn D Austin on 4/4/11.(kmca) (Entered: 04/04/2011) | ||
2011-04-06 | 34 | 0 | Reply to Response to Motion | REPLY to Response to Motion re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Righthaven LLC. (Fenno, Edward) Modified on 4/7/2011: to remove duplicate text (kmca). (Entered: 04/06/2011) | ||
2011-04-07 | 35 | 0 | Order on Motion to Dismiss | TEXT ORDER deferring ruling on 23 Motion to Dismiss. The Court has granted the Plaintiff's 30 Motion to Amend the Complaint; Plaintiff shall file the amended complaint within five (5) days of the filing date of this order. The Court will hold any ruling on the Motion to Dismiss in abeyance until such time as the Defendant has filed an answer to the amended complaint. Signed by Magistrate Judge Jacquelyn D Austin on 4/7/11.(kmca) (Entered: 04/07/2011) | ||
2011-04-07 | 36 | 0 | Amended Complaint | AMENDED COMPLAINT against Dana Eiser, filed by Righthaven LLC. (Attachments: # 1 Exhibit 1 - Denverpost.com; Exhibit 2 - Lowcountry912's Blog; Exhibit 3 - Application) (Fenno, Edward) (Entered: 04/07/2011) | 2011-04-20 13:18:37 | 3448121b9de5001925824470edbb7c4b900170f7 |
2011-04-19 | 37 | 0 | Motion to Dismiss for Failure to State a Claim | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dana Eiser. Response to Motion due by 5/6/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 04/19/2011) | 2012-02-25 16:12:32 | 21a3476659d05b9a1d44149c72db4bffabbd2904 |
2011-04-29 | 38 | 0 | Rule 26(f) Report | Rule 26(f) Report by Dana Eiser, Righthaven LLC. (Attachments: # 1 LR 26.03 Answers Attachment, # 2 Addendum Mediation Submission)(Kincannon, James) (Entered: 04/29/2011) | 2011-07-11 17:48:32 | 7ac3aeaeb7a78d4ef7bafb793093911622407199 |
38 | 1 | LR 26.03 Answers Attachment | ||||
38 | 2 | Addendum Mediation Submission | ||||
2011-05-02 | 39 | 0 | Motion to Withdraw as Attorney | MOTION to Withdraw as Attorney by Jared Q. Libet by Dana Eiser. Response to Motion due by 5/19/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 05/02/2011) | ||
2011-05-06 | 41 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Righthaven LLC.Reply to Response to Motion due by 5/16/2011 (Fenno, Edward) (Entered: 05/06/2011) | ||
2011-05-17 | 43 | 0 | Motion to Withdraw as Attorney | MOTION to Withdraw as Attorney by Edward T. Fenno and Motion to Stay by Righthaven LLC. Response to Motion due by 6/3/2011. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Fenno, Edward). Added MOTION to Stay on 5/17/2011 to include additional motion reliefs (kmca). (Entered: 05/17/2011) | ||
2011-05-18 | 45 | 0 | Order on Motion to Withdraw as Attorney | TEXT ORDER granting 39 Motion to Withdraw as Attorney. Jared Q. Libet terminated as counsel for Defendant. Signed by Magistrate Judge Jacquelyn D Austin on 5/18/11.(kmca) (Entered: 05/18/2011) | ||
2011-05-18 | 47 | 0 | Order on Motion to Withdraw as Attorney | TEXT ORDER granting 43 Motion to Withdraw as Attorney by Attorney Fenno; granting 43 Motion to Stay. Plaintiff/Counter-Defendant Righthaven has fourteen (14) days from the entry of this Order to obtain new counsel. Because a corporation can not proceed in this matter without counsel, Righthaven's failure to obtain counsel within this time period may result in summary dismissal of this action. Signed by Magistrate Judge Jacquelyn D Austin on 5/18/11.(kmca) (Entered: 05/18/2011) | ||
2011-05-18 | 49 | 0 | Document Mailed | ***DOCUMENT MAILED 47 Order on Motion to Withdraw as Attorney, Order on Motion to Stay, placed in U.S. Mail to Righthaven LLC: Steve Gibson, EsquirePresident, Righthaven LLC, Conquistador Business Park, 9960 West Cheyenne Ave, Ste 210, Las Vegas, NV 89129. (kmca) (Entered: 05/18/2011) | ||
2011-05-31 | 50 | 0 | Notice of Appearance | NOTICE of Appearance by Edward Anton Bertele on behalf of Righthaven LLC (Bertele, Edward) (Entered: 05/31/2011) | ||
2011-06-23 | 53 | 0 | Amended Answer to Complaint | SECOND AMENDED ANSWER to 36 Amended Complaint, COUNTERCLAIM against Righthaven LLC by Dana Eiser. (Attachments: # 1 Exhibit 1, Order of June 15, 2011 Righthaven v. Democratic Underground, # 2 Exhibit 2, Order of June 20, 2011 Righthaven v. Hoehn, # 3 Exhibit 3, Arkansas Democrat-Gazette Story August 26, 2010, # 4 Exhibit 4, The New York Times Story August 26, 2010, # 5 Exhibit 5, Mike Rosen Plagiarism Allegations, # 6 Exhibit 6, Las Vegas Sun April 20, 2011, # 7 Exhibit 7, Las Vegas Sun April 11, 2011, # 8 Exhibit 8, Order of April 11, 2011 Righthaven v. Hill, # 9 Exhibit 9, Las Vegas Sun August 26, 2010, # 10 Exhibit 10, Las Vegas Sun June 20, 2011, # 11 Exhibit 11, CNN/Fortune Magazine January 6, 2011, # 12 Exhibit 12, Sherman Frederick Blog September 1, 2010, # 13 Exhibit 13, Las Vegas Sun June 16, 2011, # 14 Exhibit 14, Order of April 14, 2011 Righthaven v. Democratic Underground, # 15 Exhibit 15, Commentary from Professor Eric E Johnson, # 16 Exhibit 16, Righthaven's Opposition To Thomas A. DiBiase's Motion to Dismiss December 2, 2010) (Kincannon, James) Modified on 6/24/2011: to add descriptions to exhibits (kmca). Modified on 7/5/2011: see 56 Supplement (kmca). Modified on 7/25/2011: to edit text: add "second" (kmca). (Entered: 06/23/2011) | ||
2011-06-23 | 54 | 0 | Motion to Consolidate Cases | MOTION to Consolidate Cases by Dana Eiser(an individual). Response to Motion due by 7/11/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 06/23/2011) | 2011-07-05 13:18:25 | 6455bfd2c10106f327cd7eba1dab0bd795872012 |
2011-06-24 | 55 | 0 | Certificate of Consultation on Motion | CERTIFICATE OF CONSULTATION byDana Eiser(an individual) re 54 MOTION to Consolidate Cases. (Kincannon, James) (Entered: 06/24/2011) | ||
2011-07-02 | 56 | 0 | Supplement | SUPPLEMENT by Dana Eiser(an individual) to 53 Amended Answer to Complaint, Counterclaim,,,,,,,, WAIVER AS TO ANNE PIERONI. (Kincannon, James) (Entered: 07/02/2011) | 2011-07-05 04:57:30 | 1f1da20f915c9a862183f1db62f3520392fb9184 |
2011-07-05 | 57 | 0 | Motion for Leave to File Excess Pages | MOTION for Leave to File Excess Pages re Motion to Dismiss by Dana Eiser(an individual). Response to Motion due by 7/22/2011 (Attachments: # 1 Main Document Rule 12(b)(1) Motion to Dismiss, # 2 Exhibit A - SAA, # 3 Exhibit B - SAA Clarification, # 4 Exhibit C - Order Unsealing SAA, # 5 Exhibit D - Democratic Underground Dismissal, # 6 Exhibit E - Hoehn Dismissal, # 7 Exhibit F - DiBiase Dismissal, # 8 Exhibit G - Barham Dismissal, # 9 Exhibit H - Jama Summary Judgment, # 10 Exhibit I - Order to Show Cause by Judge Mahan, # 11 Exhibit J - Order to Show Cause by Judge Hicks, # 12 Exhibit K - District of Colorado Stay Order by Judge Kane, # 13 Exhibit L - Righthaven Intervention, # 14 Exhibit M - Righthaven's Response to Amici, # 15 Exhibit N - Arkansas Democrat-Gazette Story, # 16 Exhibit O - New York Times Story, # 17 Exhibit P - Wired.com Story, # 18 Exhibit Q - Rosen Freelance Column, # 19 Exhibit R - Denver Westword Story about Rosen Plagiarism, # 20 Exhibit S - Rocky Mountain News Shutdown, # 21 Exhibit T - Rosen Rocky Mountain News Column, # 22 Exhibit U - Rosen Real Clear Politics Column, # 23 Exhibit V - Righthaven Website, # 24 Exhibit W - S.C. Supreme Court Original Jurisdiction Petition, # 25 Exhibit X - Verification and Authentication)No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) (Attachment 2 replaced on 7/5/2011 to get header on exhibit per systems) (kmca). (Entered: 07/05/2011) | ||
2011-07-07 | 59 | 0 | Order on Motion to Consolidate Cases | TEXT ORDER denying 54 Motion to Consolidate Cases; granting in part and denying in part 57 Motion for Leave to File Excess Pages. Defendant Eiser may file excess pages such that the entire brief does not exceed 45 pages, excluding exhibits. Signed by Magistrate Judge Jacquelyn D Austin on 7/7/11.(kmca) (Entered: 07/07/2011) | ||
2011-07-07 | 60 | 0 | Motion to Dismiss/Lack of Jurisdiction | MOTION to Dismiss for Lack of Jurisdiction by Dana Eiser(an individual). Response to Motion due by 7/25/2011 (Attachments: # 1 Exhibit A - SAA, # 2 Exhibit B - SAA Clarification, # 3 Exhibit C - Order Unsealing SAA, # 4 Exhibit D - Democratic Underground Dismissal, # 5 Exhibit E - Hoehn Dismissal, # 6 Exhibit F - DiBiase Dismissal, # 7 Exhibit G - Barham Dismissal, # 8 Exhibit H - Jama Summary Judgment, # 9 Exhibit I - Order to Show Cause by Judge Mahan, # 10 Exhibit J - Order to Show Cause by Judge Hicks, # 11 Exhibit K - District of Colorado Stay Order by Judge Kane, # 12 Exhibit L - Righthaven Intervention, # 13 Exhibit M - Righthaven's Response to Amici, # 14 Exhibit N - Arkansas Democrat-Gazette Story, # 15 Exhibit O - New York Times Story, # 16 Exhibit P - Wired.com Story, # 17 Exhibit Q - Rosen Freelance Column, # 18 Exhibit R - Denver Westword Story about Rosen Plagiarism, # 19 Exhibit S - Rocky Mountain News Shutdown, # 20 Exhibit T - Rosen Rocky Mountain News Column, # 21 Exhibit U - Rosen Real Clear Politics Column, # 22 Exhibit V - Righthaven Website, # 23 Exhibit W - S.C. Supreme Court Original Jurisdiction Petition, # 24 Exhibit X - Verification and Authentication)No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) (Attachment 1 replaced on 7/8/2011 to get header on exhibit per systems) (kmca). Modified on 7/11/2011: see 61 Supplemental Exhibit Y (kmca). Modified on 7/18/2011: see 64 Supplement (kmca). Modified on 12/15/2011: see 88 Supplement (kmca). (Entered: 07/07/2011) | 2011-07-11 17:49:44 | 795b34abdcc0fcf67b9d95fe584d3ec1911eb621 |
60 | 1 | Exhibit A - SAA | ||||
60 | 2 | Exhibit B - SAA Clarification | ||||
60 | 3 | Exhibit C - Order Unsealing SAA | ||||
60 | 4 | Exhibit D - Democratic Underground Dismissal | ||||
60 | 5 | Exhibit E - Hoehn Dismissal | ||||
60 | 6 | Exhibit F - DiBiase Dismissal | ||||
60 | 7 | Exhibit G - Barham Dismissal | ||||
60 | 8 | Exhibit H - Jama Summary Judgment | ||||
60 | 9 | Exhibit I - Order to Show Cause by Judge Mahan | ||||
60 | 10 | Exhibit J - Order to Show Cause by Judge Hicks | ||||
60 | 11 | Exhibit K - District of Colorado Stay Order by Judge Kane | ||||
60 | 12 | Exhibit L - Righthaven Intervention | ||||
60 | 13 | Exhibit M - Righthaven's Response to Amici | ||||
60 | 14 | Exhibit N - Arkansas Democrat-Gazette Story | ||||
60 | 15 | Exhibit O - New York Times Story | ||||
60 | 16 | Exhibit P - Wired.com Story | ||||
60 | 17 | Exhibit Q - Rosen Freelance Column | ||||
60 | 18 | Exhibit R - Denver Westword Story about Rosen Plagiarism | ||||
60 | 19 | Exhibit S - Rocky Mountain News Shutdown | ||||
60 | 20 | Exhibit T - Rosen Rocky Mountain News Column | ||||
60 | 21 | Exhibit U - Rosen Real Clear Politics Column | ||||
60 | 22 | Exhibit V - Righthaven Website | ||||
60 | 23 | Exhibit W - S.C. Supreme Court Original Jurisdiction Petition | ||||
60 | 24 | Exhibit X - Verification and Authentication | ||||
2011-07-08 | 61 | 0 | Supplement | SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit Y (Supplemental) - Righthaven-MediaNews Group Agreement)(Kincannon, James) (Entered: 07/08/2011) | 2011-07-11 17:50:10 | 65efe6788d1bf290bdfce4b23e7d508eb2680b53 |
61 | 1 | Exhibit Y (Supplemental) - Righthaven-MediaNews Group Agreement | ||||
2011-07-11 | 62 | 0 | Response in Opposition to Motion | Defendant's AMENDED RESPONSE in Opposition re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 7/21/2011 (Kincannon, James) Modified on 7/12/2011: to remove duplicative text (kmca). Modified on 7/18/2011: see 64 Supplement (kmca). (Entered: 07/11/2011) | ||
2011-07-15 | 64 | 0 | Supplement | SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction, 62 Response in Opposition to Motion,. (Attachments: # 1 Exhibit 1 - Sherman Frederick's Blog Post re Sharron Angle)(Kincannon, James) (Entered: 07/15/2011) | ||
2011-07-22 | 65 | 0 | Motion for Extension of Time to File Response/Reply | MOTION for Extension of Time to File Response/Reply re 60 Motion to Dismiss, MOTION for Extension of Time to File Answer re 53 Second Amended Answer and Counterclaims. (Response to Motion due by 8/8/2011) by Righthaven LLC. (Attachments: # 1 Affidavit Declaration of Edward A. Bertele)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 7/25/2011: to link motions to correct events (kmca). Modified on 7/25/2011: to edit text (kmca). (Entered: 07/22/2011) | ||
2011-07-25 | 66 | 0 | Order on Motion for Extension of Time to File Response/Reply | TEXT ORDER granting 65 Motion for Extension of Time to File Response/Reply. (Plaintiff's response to 60 MOTION to Dismiss for Lack of Jurisdiction due by 8/8/2011). ORDER granting 65 Motion for Extension of Time to Answer re 53 Second Amended Answer to Complaint, Counterclaim. (Righthaven LLC answer due 8/24/2011). Signed by Magistrate Judge Jacquelyn D Austin on 7/25/11.(kmca) (Entered: 07/25/2011) | ||
2011-08-02 | 67 | 0 | Local Rule 26.01 Answers to Interrogatories | Amended Local Rule 26.01 Answers to Interrogatories by Righthaven LLC.(Bertele, Edward) (Entered: 08/02/2011) | 2011-08-15 19:24:00 | 596df00ba7b0294e3cf53de5617fdaf9a05630aa |
2011-08-08 | 68 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 60 MOTION to Dismiss for Lack of Jurisdiction Response filed by Righthaven LLC.Reply to Response to Motion due by 8/18/2011 (Bertele, Edward) Modified on 8/19/2011: see 72 Addendum to Response (kmca). Modified on 11/14/2011: see 86 Supplement (kmca). (Entered: 08/08/2011) | 2011-08-15 19:27:15 | 9604da0a7378633bdc96da464aed5ebfda25b0f1 |
2011-08-19 | 70 | 0 | Motion for Extension of Time to Complete Discovery | MOTION for Extension of Time to Complete Discovery by Righthaven LLC. Response to Motion due by 9/6/2011 (Attachments: # 1 Declaration of Edward A. Bertele).Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/19/2011: to remove proposed amended scheduling order (kmca). (Entered: 08/19/2011) | ||
2011-08-19 | 71 | 0 | Response to Motion | RESPONSE to Motion re 70 MOTION for Extension of Time to Complete Discovery Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 8/29/2011 (Kincannon, James) (Entered: 08/19/2011) | ||
2011-08-19 | 72 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 60 MOTION to Dismiss for Lack of Jurisdiction Addendum to Response Response filed by Righthaven LLC.Reply to Response to Motion due by 8/29/2011 (Bertele, Edward) (Entered: 08/19/2011) | ||
2011-08-22 | 73 | 0 | Order on Motion for Extension of Time to Complete Discovery | TEXT ORDER granting in part Plaintiff's 70 Motion for Extension of Time to Complete Discovery. Discovery in this case is stayed pending the Court's ruling on the pending motions to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 8/22/11.(kmca) (Entered: 08/22/2011) | ||
2011-08-24 | 75 | 0 | Motion for Extension of Time | Consent MOTION for Extension of Time to respond to 53 Second Amended Answer and Counterclaims by Righthaven LLC. Response to Motion due by 9/12/2011 No proposed order.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/24/2011: to edit text (kmca). (Entered: 08/24/2011) | ||
2011-08-25 | 77 | 0 | Order on Motion for Extension of Time | TEXT ORDER granting 75 Consent Motion for Extension of Time. The deadline for Righthaven to file its response to Defendant's 53 Second Amended Answer and Counterclaims is extended to August 25, 2011. Signed by Magistrate Judge Jacquelyn D Austin on 8/25/11.(kmca) (Entered: 08/25/2011) | ||
2011-08-25 | 78 | 0 | Motion to Dismiss for Failure to State a Claim | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 53 Second Amended Answer and Counterclaims by Righthaven LLC. Response to Motion due by 9/12/2011 (Attachments: # 1 Attachment A Unpublished Opinion in Colonial Medical Group Inc v Catholic Health Care West et al)No proposed order.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/26/2011: to add link to 53 event, to add description to attachment (kmca). (Entered: 08/25/2011) | 2011-08-26 17:33:21 | 414a35ddfdfb9ea3ee7217605caeaaa26056c6c2 |
78 | 1 | Attachment A Unpublished Opinion in Colonial Medical Group Inc v Catholic Health | ||||
2011-09-12 | 79 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Answer and Counterclaims Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 9/22/2011 (Kincannon, James) (Entered: 09/12/2011) | ||
2011-10-20 | 81 | 0 | Order to Show Cause | ORDER TO SHOW CAUSE. Plaintiff's show cause response is due by 10/28/2011. Signed by Magistrate Judge Jacquelyn D Austin on 10/20/11. (kmca) (Entered: 10/20/2011) | 2011-10-20 13:36:19 | b21ae53ab6eecc708e43089069e21d5eba44f27c |
2011-10-28 | 82 | 0 | MOTION for Extension of Time to File Response/Reply as to 81 Order to Show Cause by Righthaven LLC. Response to Motion due by 11/17/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Bertele, Edward) (Entered: 10/28/2011) | 2011-10-28 20:03:21 | f67c4893787e75a2eeacea8e758d3e17a2f61b2f | |
2011-10-31 | 83 | 0 | TEXT ORDER granting 82 Motion for Extension of Time to File Response/Reply as to 81 Order to Show Cause. Plaintiff argues the response requires knowledge of outside actions and other matters which would require assistance from Shawn Mangano, Plaintiff's outside counsel. Presumably, Plaintiff knew before 8:00 p.m. on the date its response was due that more time was needed to consult with Mr. Mangano, whom the Court notes has not been admitted pro hac vice in this case. The Court's Order to Show Cause does not ask Plaintiff to specifically address any decisions in actions in the Districts of Nevada and Colorado; the Court has previously reviewed those decisions and further discussion is not needed about those matters. Accordingly, the Court will grant Plaintiff's motion for extension of time and will review Plaintiff's response for the limited purpose of determining whether the Copyright Alliance Agreement and copyright assignment, together governing the copyright at issue in this case, assign only a bare right to sue and whether Plaintiff owns any exclusive rights in the copyright such that Plaintiff has standing to allege an infringement claim. [See Doc. 81 at 2.] Reply due by 10/31/2011. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/11.(kmca) (Entered: 10/31/2011) | |||
2011-10-31 | 84 | 0 | RESPONSE TO ORDER TO SHOW CAUSE by Righthaven LLC. (Bertele, Edward) (Entered: 10/31/2011) | 2011-11-01 02:54:24 | 698318c207d6c08166384a266f07af64c1ae7eff | |
2011-11-11 | 86 | 0 | SUPPLEMENT by Righthaven LLC to 68 Response in Opposition to Motion to Dismiss by defendant. (Attachments: # 1 Transcript)(Bertele, Edward) (Entered: 11/11/2011) | 2011-11-12 16:30:20 | a832718d8888b72f0e1f61fd3905b84a90f83d14 | |
86 | 1 | Transcript | ||||
2011-12-15 | 87 | 0 | MOTION to Withdraw as Attorney by Dana Eiser(an individual). Response to Motion due by 1/3/2012 No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) Modified on 12/20/2011: see 89 Certificate of Consultation (kmca). (Entered: 12/15/2011) | 2012-01-19 19:45:29 | 55cb458bcb4686b247d785b31b42d4e3572c8fec | |
2011-12-15 | 88 | 0 | SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Supporting Documents Exhibit A - Receivership Motion, # 2 Supporting Documents Exhibit B - Receivership Order)(Kincannon, James) Modified on 12/15/2011: to remove link to 81 Order to Show Cause (kmca). (Entered: 12/15/2011) | |||
2011-12-15 | 89 | 0 | CERTIFICATE OF CONSULTATION byDana Eiser(an individual) re 87 MOTION to Withdraw as Attorney. (Kincannon, James) (Entered: 12/15/2011) | |||
2011-12-19 | 90 | 0 | Consent MOTION to Withdraw as Attorney for Righthaven LLC by Righthaven LLC. Response to Motion due by 1/6/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Bertele, Edward) (Entered: 12/19/2011) | 2011-12-19 22:48:26 | f2b20b5cc6c441308fba0ebef121b06663966eb4 | |
2012-01-13 | 92 | 0 | TEXT ORDER denying 87 Motion to Withdraw as Attorney; and denying 90 Consent Motion to Withdraw as Attorney. Signed by Magistrate Judge Jacquelyn D Austin on 1/13/12.(kmca) (Entered: 01/13/2012) | |||
2012-01-13 | 93 | 0 | REPORT AND RECOMMENDATIONS that Plaintiff's 23 motion to dismiss be FOUND AS MOOT; Defendant's 37 motion to dismiss for failure to state a claim be FOUND AS MOOT; Defendant's 60 motion to dismiss for lack of subject matter jurisdiction be GRANTED; Plaintiff's 78 motion to dismiss be FOUND AS MOOT; the complaint be DISMISSED; and the counterclaims be DISMISSED. The Court further recommends costs and fees be awarded in this case and Defendant be directed to file a petition outlining the specific costs and fees associated with this case. Objections to R&R due by 1/30/2012. Signed by Magistrate Judge Jacquelyn D Austin on 1/13/12. (kmca) (Entered: 01/13/2012) | 2012-01-14 19:37:30 | d5bb6840dc60cda736963a04b17cc7cdf0933043 | |
2012-01-13 | 94 | 0 | ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Richard M Gergel in Charleston. Magistrate Judge Austin no longer associated with case. New case number is 2-10-cv-3075-RMG. Please make a note of it for future filings. (kmca) (Entered: 01/13/2012) | |||
2012-01-30 | 95 | 0 | OBJECTION to 93 Report and Recommendations by Righthaven LLC.Reply to Objections due by 2/16/2012 (Bertele, Edward) (Entered: 01/30/2012) | 2012-02-03 15:36:27 | 5cbad48a235585aabb863ff2cdee2bc0f3523d0e | |
2012-02-16 | 96 | 0 | ORDER adopting 93 Report and Recommendations granting 60 Defendant's Motion to Dismiss for Lack of Jurisdiction; denying as moot 37 Defendant's Motion to Dismiss for Failure to State a Claim; denying as moot 78 Plaintiff's Motion to Dismiss Defendant's counterclaims; also denying as moot 23 Plaintiff's Motion to Dismiss Defendant's original counterclaims. Additional details set forth in Order Signed by Honorable Richard M Gergel on 2/16/2012.(sshe, ) (Entered: 02/16/2012) | 2012-02-17 10:28:53 | b4e13850832df487a2c65c9b8a91f0af12c159cd | |
2012-02-16 | 97 | 0 | JUDGMENT in favor of Dana Eiser against Righthaven LLC granting Defendant's motion to dismiss for lack of subject matter jurisdiction and dismissing Plaintiff's amended complaint without prejudice. (sshe, ) (Entered: 02/16/2012) | |||
2012-02-16 | 98 | 0 | Report on the Filing or Determination of an Action or Appeal Regarding a Copyright case disposition. (sshe, ) (Entered: 02/16/2012) |