UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:08-cv VBF-PLA

Transcription

1 1 of 8 7/8/2008 4:36 PM (PLAx), AO121, DISCOVERY, PROTORD UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:08-cv VBF-PLA Warner Bros. Records Inc. et al v. SeeqPod Inc. Assigned to: Judge Valerie Baker Fairbank Referred to: Magistrate Judge Paul L. Abrams Demand: $150,000 Cause: 17:101 Copyright Infringement Date Filed: 01/18/2008 Jury Demand: Both Nature of Suit: 820 Copyright Jurisdiction: Federal Question Plaintiff Warner Bros. Records Inc. represented by Glenn D Pomerantz Munger Tolles & Olson LLP 355 S Grand Avenue 35th Floor Los Angeles, CA glenn.pomerantz@mto.com Jonathan H Blavin Munger Tolles and Olson LLP 355 South Grand Thirty-Fifth Floor Los Angeles, CA jonathan.blavin@mto.com Kelly M Klaus Munger Tolles & Olson LLP 355 South Grand Avenue 35th Floor Los Angeles, CA kelly.klaus@mto.com Marc A Becker Quinn Emanuel Urquhart Oliver & Hedges LLP 865 South Figueroa Street 10th Floor Los Angeles, CA Los Angele Fax: (213) marcbecker@quinnemanuel.com Rebecca Gose Lynch Munger Tolles and Olson LLP 560 Mission Street 27th Floor San Francisco, CA rebecca.lynch@mto.com Hailyn Y Chen Munger Tolles and Olson

2 2 of 8 7/8/2008 4:36 PM Plaintiff Atlantic Recording Corporation 355 South Grand Avenue, 35th Floor Los Angeles, CA hailyn.chen@mto.com represented by Glenn D Pomerantz Jonathan H Blavin Kelly M Klaus Rebecca Gose Lynch Hailyn Y Chen Plaintiff Elektra Entertainment Group Inc. represented by Glenn D Pomerantz Jonathan H Blavin Kelly M Klaus Rebecca Gose Lynch Hailyn Y Chen Plaintiff Rhino Entertainment Company represented by Glenn D Pomerantz Jonathan H Blavin Kelly M Klaus

3 3 of 8 7/8/2008 4:36 PM Rebecca Gose Lynch Hailyn Y Chen V. Defendant SeeqPod, Inc. represented by Andrew Leibnitz Farella Braun and Martel LLP 235 Montgomery Street, 17th Fl San Francisco, CA aleibnitz@fbm.com Deepak Gupta Farella Braun and Martel 235 Montgomery Street 17th Floor San Francisco, CA dgupta@fbm.com Irvin Er-tai Tyan Farella Braun Martel LLP 235 Montgomery St 17th Floor San Francisco, CA Fax: ityan@fbm.com John L Cooper Farella Braun & Martel 235 Montgomery St, 17th Fl San Francisco, CA jcooper@fbm.com Date Filed # Docket Text 01/18/ COMPLAINT against Defendant SeeqPod, Inc. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (et) Additional attachment(s) added on 1/25/2008 (lra, ). (Entered: 01/24/2008) 01/18/ DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant SeeqPod, Inc. (et) (Entered: 01/24/2008) 01/18/ CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (et) Additional attachment(s) added on 1/25/2008 (lra, ). (Entered: 01/24/2008) 01/18/ CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation identifying Warner Music Group Corp. as Corporate Parent. (et) Additional attachment(s) added on 1/25/2008 (lra, ). (Entered: 01/24/2008) 01/18/2008 FAX number for Attorney Jonathan Blavin, Kelly M Klaus, Glenn D Pomerantz is (et) (Entered: 01/24/2008)

4 4 of 8 7/8/2008 4:36 PM 01/25/ REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (lc) (Entered: 01/25/2008) 01/25/ PROOF OF SERVICE Executed by Plaintiff Warner Bros. Records Inc. Warner Bros. Records Inc., upon SeeqPod, Inc. served on 1/18/2008, answer due 2/7/2008. The Summons and Complaint were served by Personal service, by Rule 4 FRCP statute, upon Kasian Franks, Authorized Agent. Due Dilligence declaration No. Original Summons returned. (Klaus, Kelly) (Entered: 01/25/2008) 01/30/ ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order by Judge Dean D. Pregerson. Case transferred to the calendar of Judge Valerie Baker Fairbank for all further proceedings. Case number now reads as CV VBF(PLAx). (rn) (Entered: 01/30/2008) 02/01/ STANDING ORDER by Judge Valerie Baker Fairbank (rs) (Entered: 02/01/2008) 02/06/ FIRST STIPULATION Extending Time to Answer the complaint as to SeeqPod, Inc. answer now due 2/21/2008, filed by Defendant SeeqPod, Inc..(Leibnitz, Noel) (Entered: 02/06/2008) 02/07/ STIPULATION for Preliminary Injunction as to and Briefing Schedule filed by Plaintiff Warner Bros. Records Inc.. (Attachments: # 1 Proposed Order Proposed Order)(Klaus, Kelly) (Entered: 02/07/2008) 02/11/ ORDER by Judge Valerie Baker Fairbank GRANTING Stipulation for Preliminary Injunction and Briefing Schedule 9. See document for briefing schedule and other specific information. (se) (Entered: 02/13/2008) 02/12/ NOTICE OF CHANGE OF ATTORNEY INFORMATION filed by Defendant SeeqPod, Inc. (Leibnitz, Noel) (Entered: 02/12/2008) 02/13/ DISCLOSURE of Interested Parties filed by Defendant SeeqPod, Inc. (Leibnitz, Noel) (Entered: 02/13/2008) 02/13/ Notice of Change of Attorney Information filed by Defendant SeeqPod, Inc. To Update Attorney Name (Leibnitz, Noel) (Entered: 02/13/2008) 02/21/ ANSWER with JURY DEMAND Defendant SeeqPod's Answer to Complaint filed by Defendant SeeqPod, Inc..(Leibnitz, Andrew) (Entered: 02/21/2008) 02/22/ NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Local Rule No Certification of Interested Parties and/or no copies RE Answer to Complaint (Discovery) 14 (se) (Entered: 02/22/2008) 03/18/ NOTICE OF MOTION AND MOTION to Compel Discovery From Plaintiffs filed by Defendant SeeqPod, Inc..Motion set for hearing on 4/8/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ DECLARATION of Emons In Support of Motion MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ DECLARATION of Klaus In Support of Motion MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ DECLARATION of Palerm In Support of Motion MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Declaration A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ DECLARATION of Leibnitz In Support of Motion MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Declaration E# 6 Declaration F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ JOINT STIPULATION to MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/ NOTICE OF MOTION AND MOTION to Compel Production of Documents from Defendant SeeqPod filed by Plaintiffs Warner Bros. Records Inc..Motion set for hearing on 4/8/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Klaus, Kelly) (Entered: 03/18/2008) 03/18/ NOTICE OF MOTION AND MOTION to Compel Production of Documents JOINT STIPULATION filed by Plaintiffs Warner Bros. Records Inc..Motion set for hearing on 4/8/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Klaus, Kelly) (Entered: 03/18/2008) 03/18/ JOINT STIPULATION to MOTION to Compel Production of Documents from Defendant SeeqPod 22 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 03/18/2008) 03/18/ DECLARATION of Kelly M. Klaus in support of MOTION to Compel Production of Documents from Defendant SeeqPod 22 filed by Plaintiff Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A - G)(Klaus, Kelly) (Entered: 03/18/2008) 03/18/ DECLARATION of Andrew Leibnitz in opposition to MOTION to Compel Production of Documents from Defendant SeeqPod 22 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 03/18/2008) 03/18/ DECLARATION of Kasian Franks in opposition to MOTION to Compel Production of Documents from Defendant SeeqPod 22 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 03/18/2008) 03/19/ NOTICE OF LODGING filed by Plaintiffs (Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered: 03/19/2008) 03/25/ SUBPOENA IN A CIVIL CASE issued to SONGZA, LLC was served upon Aza Raskin, Authorized to Accept Service of Process on March 7, 2008 by Personal service. (Klaus, Kelly) (Entered: 03/25/2008)

5 5 of 8 7/8/2008 4:36 PM 03/25/ NOTICE of Change of Attorney Information for attorney Rebecca Gose Lynch counsel for Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. Adding Rebecca Gose Lynch as attorney as counsel of record for Warner Bros. Records, Inc. Atlantic Recording Corporation, Elektra Entertainment Group, Inc. and Rhino Entertainment Company for the reason indicated in the G-06 Notice. Filed by Plaintiff Rebecca Gose Lynch (Lynch, Rebecca) (Entered: 03/25/2008) 03/31/ ORDER RE MOTIONS TO COMPEL PRODUCTION OF DOCUMENTS FILED BY PLAINTIFFS AND DEFENDANT by Judge Paul L. Abrams. The hearings scheduled for April 8, 2008, are ordered off calendar. Plaintiffs' MOTION to Compel 23 is granted and denied in part, and defendant's MOTION to Compel 22 is granted and denied in part. (vdr) (Entered: 03/31/2008) 04/08/ NOTICE of Motion and Motion to Compel Production of Documents from Defendant SeeqPod, Inc. filed by Plaintiff Warner Bros. Records Inc.. (Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered: 04/08/2008) 04/08/ NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by PLAINTIFFS Warner Bros. Records Inc..Motion set for hearing on 4/29/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Proposed Order Granting Motion to Compel)(Klaus, Kelly) (Entered: 04/08/2008) 04/08/ JOINT STIPULATION to MOTION to Compel Production of Documents 33 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 04/08/2008) 04/08/ DECLARATION of Kelly M. Klaus In Support Of MOTION to Compel Production of Documents 33 filed by Plaintiff Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A - E)(Klaus, Kelly) (Entered: 04/08/2008) 04/08/ DECLARATION of Deepak Gupta In Support of SeeqPod's Opposition to Plaintiffs' Motion to Compel Production of Documents (Local Rule 7-7) MOTION to Compel Production of Documents 33 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 04/08/2008) 04/08/ DECLARATION of Kasian Franks in Support of SeeqPod's Opposition to Plaintiffs' Motion to Compel Production of Documents (Local Rule 7-7) MOTION to Compel Production of Documents 33 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 04/08/2008) 04/09/ NOTICE of Appearance filed by attorney Marc A Becker on behalf of Plaintiff Warner Bros. Records Inc. (Becker, Marc) (Entered: 04/09/2008) 04/10/ First EX PARTE APPLICATION for Order for Clarification filed by Plaintiffs Warner Bros. Records Inc.. (Attachments: # 1 Exhibit Exhibit A Part One# 2 Exhibit Exhibit A Part Two# 3 Exhibit Exhibit B thru N# 4 Proposed Order Proposed Order Granting Ex Parte)(Becker, Marc) (Entered: 04/10/2008) 04/11/ OBJECTIONS In Opposition to re: First EX PARTE APPLICATION for Order for Clarification 39 filed by Defendant SeeqPod, Inc.. (Leibnitz, Andrew) (Entered: 04/11/2008) 04/11/ DECLARATION of Deepak Gupta In Support of SeeqPod's Opposition First EX PARTE APPLICATION for Order for Clarification 39 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Leibnitz, Andrew) (Entered: 04/11/2008) 04/11/ CERTIFICATE of Service OF SERVICE filed by Defendant SeeqPod, Inc., re Objections (Motion related) 40, Declaration (Motion related) 41 Via and FedEx served on (Leibnitz, Andrew) (Entered: 04/11/2008) 04/14/ MINUTES OF IN CHAMBERS ORDER by Judge Paul L. Abrams. The Court has reviewed plaintiffs' ex parte application for an order clarifying the discovery Order of 3/31/08, and defendant's opposition thereto. Plaintiff's Application 39 is DENIED. [See Order for details.](ch) (Entered: 04/14/2008) 04/17/ NOTICE of Change of Attorney Information for attorney Irvin Er-tai Tyan counsel for Defendant SeeqPod, Inc.. Adding Irvin E. Tyan as attorney as counsel of record for SEEQPOD, INC. for the reason indicated in the G-06 Notice. Filed by Defendant SEEQPOD, INC. (Tyan, Irvin) (Entered: 04/17/2008) 04/25/ Joint STIPULATION to Continue Certain Deadlines in the Court's Order Re Preliminary Injunction Discovery and Briefing Schedule from July 7, 2008 to July 28, 2008 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order to Continue Certain Deadlines in the Court's Order Re Preliminary Injunction Discovery and Briefing Schedule)(Pomerantz, Glenn) (Entered: 04/25/2008) 04/25/ ORDER by Judge Paul L. Abrams RE PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS 33. The hearing scheduled for 4/29/08, is ORDERED OFF CALENDAR. Plaintiffs' Motion to Compel is GRANTED IN PART. [See Order for details.] (ch) (Entered: 04/25/2008) 04/28/ First STIPULATION for Protective Order filed by Plaintiffs Warner Bros. Records Inc.. (Attachments: # 1 Proposed Order Stipulated Protective Order)(Becker, Marc) (Entered: 04/28/2008) 04/28/ ORDER by Judge Valerie Baker Fairbank: Having reviewed the Stipulation 45 of the parties and good cause appearing, that the PI Scheduling Order be modified as follows: During the period through May 13, 2008, the parties shall meet and confer regarding the Filtering Protocols (see document for further details), the parties shall submit to the Court a proposed Stipulated Preliminary Injunction. Thereafter, the parties shall meet and confer regarding a proposed schedule for the litigation and shall file a report with the Court. In the event the Filtering Protocols do not resolve Plaintiffs preliminary injunction motion, the parties request that the Court modify theschedule set forth in the PI Scheduling Order as follows: The parties shall meet and confer to reschedule the depositions previously noticed by either side, and shall complete all party and third-party depositions provided for in Paragraph 1 of the PI Scheduling Order not later than 5/30/2008. The briefing schedule for Plaintiffs motion for preliminary injunction shall be modified as follows: (a) Opening papers: filed and served 6/16/2008; (b) Opposition papers: filed and served 7/7/2008 (c) Reply

6 6 of 8 7/8/2008 4:36 PM papers: filed and served 7/21/2008, (d) Hearing on motion: 7/28/2008 at 10:00 AM., or at such other date and time thereafter as the Court may set by separate Order. (jp) (Entered: 04/29/2008) 04/29/ MEMORANDUM AND ORDER by Judge Paul L. Abrams RE: PARTIES' PROPOSED STIPULATED PROTECTIVE ORDER 47. The Court has received and considered the parties' proposed Stipulated Protective Order. The Court is unable to adopt the Protective Order as stipulated to by the parties for the following reasons: [See Order for details.] (ch) (Entered: 04/30/2008) 05/01/ Joint STIPULATION for Protective Order filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order Amended)(Klaus, Kelly) (Entered: 05/01/2008) 05/05/ STIPULATION to Expedite Hearing Date filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Proposed Order)(Tyan, Irvin) (Entered: 05/05/2008) 05/05/ AMENDED STIPULATED PROTECTIVE ORDER by Judge Paul L. Abrams. [See Order for details.] (ch) (Entered: 05/06/2008) 05/06/ NOTICE OF MOTION AND MOTION to Compel Discovery From Plaintiffs filed by Defendant SeeqPod, Inc..Motion set for hearing on 5/13/2008 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Proposed Order Proposed Order)(Tyan, Irvin) (Entered: 05/06/2008) 05/06/ JOINT STIPULATION to MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Tyan, Irvin) (Entered: 05/06/2008) 05/06/ DECLARATION of Irvin Tyan In Support of MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Tyan, Irvin) (Entered: 05/06/2008) 05/06/ DECLARATION of Rebecca Lynch In Support of MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A)(Tyan, Irvin) (Entered: 05/06/2008) 05/06/ DECLARATION of Howard Singer In Support of Plaintiffs' Opposition MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Tyan, Irvin) (Entered: 05/06/2008) 05/06/ DECLARATION of Silda Palerm In Support of Plaintiff's Opposition MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Tyan, Irvin) (Entered: 05/06/2008) 05/08/ STIPULATION to AMEND Answer to Complaint (Discovery) 14 filed by defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order Proposed Order)(Gupta, Deepak) (Entered: 05/08/2008) 05/12/ ORDER by Judge Valerie Baker Fairbank GRANTING Stipulation approving filing of Amended Answer 59 ; Plaintiffs may preserve their objections with regard to the Affirmative Defense reflected in paragraph 23 of the Amended Answer;Defendant shall supplement its responses to Plaintiffs interrogatoryregarding SeeqPods affirmative defenses with regard to this new affirmativedefense by May 9, (se) (Entered: 05/12/2008) 05/13/ ORDER by Judge Paul L. Abrams Re Defendant's Motion to Compel Further Responses and Production of Documents 52. The Stipulation for an Order shortening time for the hearing of this Motion 51, filed by the parties on 5/5/08, is DENIED AS MOOT. It is ORDERED that defendant's Motion to Compel is GRANTED IN PART and DENIED IN PART, as set forth above. [See Order for details.] (ch) (Entered: 05/13/2008) 05/13/ NOTICE OF MOTION AND MOTION to Vacate Order 13 filed by Defendant SeeqPod, Inc..Motion set for hearing on 7/28/2008 at 10:00 AM before Judge Valerie Baker Fairbank. (Attachments: # 1 Proposed Order)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/ DECLARATION of Jeffrey M. Fisher in Support of MOTION to Vacate Order filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A-N)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/ DECLARATION of Kasian Franks in Support of MOTION to Vacate Order filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A-C)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/ EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion 62 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Proposed Order)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/ NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information incorrect; 7/28/08 motion date is closed RE: MOTION to Vacate Order In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se) (Entered: 05/14/2008) 05/14/ ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 Amended pursuant to Order at Dkt. 60 filed by Defendant SeeqPod, Inc..(Gupta, Deepak) (Entered: 05/14/2008) 05/15/ OPPOSITION NOTICE OF MANUAL FILING OF PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON SEEQPODS MOTION TO VACATE EXPEDITED DISCOVERY SCHEDULE AND PRELIMINARY INJUNCTION HEARING, AND TO STAY DISCOVERY PENDING RESOLUTION OF THAT MOTION filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008)

7 7 of 8 7/8/2008 4:36 PM 05/15/ APPLICATION to Seal PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON SEEQPODS MOTION TO VACATE EXPEDITED DISCOVERY SCHEDULE AND PRELIMINARY INJUNCTION HEARING, AND TO STAY DISCOVERY PENDING RESOLUTION OF THAT MOTION filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order Proposed Order# 2 Proposed Order Proposed Order)(Lynch, Rebecca) (Entered: 05/15/2008) 05/15/ DECLARATION of Glenn D. Pomerantz in opposition to EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion 62 EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/ DECLARATION of Jon Aragon in opposition to EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion 62 EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/ DECLARATION of Howard Singer in opposition to EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion 62 EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/ NOTICE OF ERRATA filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. correcting APPLICATION to Seal PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON SEEQPODS MOTION TO VACATE EXPEDITED DISCOVERY SCHEDULE AND PRELIMINARY INJUNCTION HEARING, AND TO STAY DISCOVERY PENDING RESOLUTION OF THAT 69 (Attachments: # 1 Proposed Order Proposed Order)(Lynch, Rebecca) (Entered: 05/15/2008) 05/15/ MINUTES OF IN CHAMBERS ORDER held before Judge Valerie Baker Fairbank re: EX PARTE APPLICATION OF DEFENDANT SEEQPOD, INC. TO SHORTEN TIME FOR HEARING ON SEEQPODS MOTION TO VACATE EXPEDITED DISCOVERY SCHEDULE AND PRELIMINARY INJUNCTION HEARING AND TO STAY DISCOVERY PENDING RESOLUTION OF THAT MOTION 65. this court DENIES the Ex Parte Application in its entirety, pursuant to certain grounds set forth in the Opposition. Defendant SeeqPod, Inc.'s Motion to Vacate Order is stricken from the record without prejudice, with defendants right to refile the motion with proper notice, if appropriate. (kbr) (Entered: 05/16/2008) 05/15/ ORDER by Judge Valerie Baker Fairbank, GRANTING APPLICATION to Seal PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON SEEQPODS MOTION TO VACATE EXPEDITED DISCOVERY SCHEDULE AND PRELIMINARY INJUNCTION HEARING, AND TO STAY DISCOVERY PENDING RESOLUTION OF THAT 69 (lra) (Entered: 05/20/2008) 05/15/ SEALED DOCUMENT - PLAINTIFFS' OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion 62 EX PARTE APPLICATION to Shorten Time for Hearing Motion to Vacate Expedited Discovery Schedule and Preliminary Injunction Hearing, and to Stay Discovery Pending Resolution of that Motion filed (lra) (Entered: 05/20/2008) 05/15/ SEALED DOCUMENT - DECLARATION of REBECCA GOSE LYNCH re Objections - non-motion, 76 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (lra) (Entered: 05/20/2008) 05/22/ STIPULATION for Preliminary Injunction as to Joint Stipulation to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery and Briefing Schedule filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 05/22/2008) 05/22/ NOTICE OF ERRATA filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. correcting Stipulation for Preliminary Injunction, 78 NOTICE OF ERRATA RE: JOINT STIPULATION TO CONTINUE CERTAIN DEADLINES IN THE COURTS ORDER REGARDING PRELIMINARY INJUNCTION DISCOVERY AND [PROPOSED] ORDER ATTACHED THERETO (Lynch, Rebecca) (Entered: 05/22/2008) 05/22/ STIPULATION to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 05/22/2008) 05/30/ NOTICE of Appearance filed by attorney Hailyn Y Chen on behalf of Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation (Chen, Hailyn) (Entered: 05/30/2008) 05/30/ STIPULATION to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery and Briefing Schedule filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 05/30/2008)

8 8 of 8 7/8/2008 4:36 PM 06/03/ ORDER by Judge Valerie Baker Fairbank, GRANTINGStipulation to Continue 80 82, that the PI Scheduling Order be modified as follows: 1) During the period through June 23, 2008, the parties shall meet andconfer regarding the possibility of settlement. 2) No party depositions shall be noticed to occur prior to June 23, Party depositions previously noticed shall be off calendar and shall be re-scheduled if necessary after the parties meet and confer regarding the schedule in accordance with Paragraph 3 below. 3) In the event that the parties do not resolve this litigation prior to June 23, 2008, the parties request that the Court modify the schedule set forth in the PI Scheduling Order as follows: A) The parties shall meet and confer to reschedule the depositions previously noticed by either side, and shall complete all party depositions provided for in Paragraph 1 of the PI Scheduling Order not later than July 3, Third-party depositions shall be scheduled for as early a date as reasonably possible based on the availability of such third-parties. B) The briefing schedule for Plaintiffs motion for preliminary injunction shall be slightly modified as follows: (a) Opening papers: filed and served July 9, 2008; (b) Opposition papers: filed and served July 28, 2008 (c) Reply papers: filed and served August 8, 2008, (d) Hearing on motion: August 15, :00 p.m. To the extent not inconsistent with the provisions in this Stipulation andorder, all other provisions of the PI Scheduling Order shall remain in effect. (jp) (Entered: 06/04/2008) 06/10/ Joint STIPULATION for Protective Order filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Proposed Order Amended Stipulated Protective Order)(Tyan, Irvin) (Entered: 06/10/2008) 06/12/ AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams [See Changes Made By Court] (ch) (Entered: 06/12/2008) 06/20/ Joint STIPULATION to Continue Certain Deadlines in the Cour's Order Regarding Preliminary Injunction Discovery and Briefing Schedule Re: Order,,,,,, 83 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 06/20/2008) 06/20/ NOTICE OF ERRATA filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. correcting Stipulation to Continue, 86 (Lynch, Rebecca) (Entered: 06/20/2008) 06/20/ Joint STIPULATION to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery and Briefing Schedule Re: Order,,,,,, 83 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 06/20/2008) 06/25/ ORDER by Judge Valerie Baker Fairbank, re Stipulation to Continue 88 of the parties and good cause appearing, that the PI Scheduling Order be modified as follows: During the period through June 30, 2008, the parties shall meet andconfer regarding the possibility of settlement; No party depositions shall be noticed to occur prior to June 30, Party depositions previously noticed shall be off calendar and shall be re-scheduled if necessary after the parties meet and confer regarding the schedule in accordance with Paragraph 3 below; In the event that the parties do not resolve this litigation prior to June 30, 2008, the parties request that the Court modify the schedule set forth in the PI Scheduling Order as follows: The parties shall meet and confer to reschedule the depositions previously noticed by either side, and shall complete all party provided for in Paragraph 1 of the PI Scheduling Order not later than 7/11/2008. The briefing schedule for Plaintiffs motion for preliminary injunction shall be slightly modified as follows: (a) Opening papers: filed and served July 14, 2008; (b) Opposition papers: filed and served July 29, 2008 (c) Reply papers: filed and served August 8, 2008, (d) Hearing on motion: August 18, 2008 at 2:30 p.m., or at such other date and time thereafter that is convenient to the Court and the parties. Counsel are reminded to comply with the Courts orders re lodging paper copies of all filings in chambers. (jp) (Entered: 06/27/2008) 06/27/ Joint STIPULATION to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery and Briefing Schedule Re: Order,,,,, 89 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Proposed Order)(Lynch, Rebecca) (Entered: 06/27/2008) 06/30/ ORDER by Judge Valerie Baker Fairbank: To the extent not inconsistent with the provisions in this Stipulation and Order, all other provisions of the Courts February 11, 2008 Order Regarding Preliminary Injunction Discovery 90 and Briefing Schedule shall remain in effect. The Court sets a Scheduling Conference for 8/4/2008 at 8:30 AM before Judge Valerie Baker Fairbank. ***NOTE: CHANGES MADE BY THE COURT***. (jp) (Entered: 07/03/2008) 07/02/ MINUTES OF IN CHAMBERS before Judge Valerie Baker Fairbank: COURT ORDER RE PRELIMINARY. INJUNCTION BRIEFING SCHEDULE. Joint Stipulation to Continue Certain Deadlines in the Court's Order Regarding Preliminary Injunction Discovery and Briefing Schedule and the Proposed Order 90. The Order is signed and entered by this Court. The Court, however, sets a Scheduling and Case Management Conference for 8/4/2008 at 8:30 AM. (jp) (Entered: 07/03/2008) PACER Login: Description: Billable Pages: PACER Service Center or0001 Docket Report Transaction Receipt 07/08/ :28:06 Client Code: Search Criteria: 10 Cost: :08-cv VBF-PLA End date: 7/8/2008