Case MFW Doc 1635 Filed 11/30/15 Page 1 of 22 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Transcription

1 Case MFW Doc 1635 Filed 11/30/15 Page 1 of 22 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE x : In re: : Chapter 11 : THQ INC., : Case No (MFW) : Debtor. : Substantively Consolidated : x : In re: : : THQ INC., : : Plaintiff, : vs. : : ICHI LTD., : Adv. Pro. No (MFW) JANRAIN INC., : Adv. Pro. No (MFW) GLOBAL MANAGEMENT S. DE R.L. DE C.V., : Adv. Pro. No (MFW) ORIGINAL FORCE LTD., : Adv. Pro. No (MFW) TERREMARK NORTH AMERICA, INC., : Adv. Pro. No (MFW) EN POINTE TECHNOLOGIES, INC., : Adv. Pro. No (MFW) INTERNAP NETWORK : SERVICES CORPORATION, : Adv. Pro. No (MFW) TRADESHOW SERVICES NETWORK, LLC, : Adv. Pro. No (MFW) AMAZON WEB SERVICES, INC., : Adv. Pro. No (MFW) DAN KLORES COMMUNICATIONS, LLC, : Adv. Pro. No (MFW) HOOKY INTERACTIVE, INC., : Adv. Pro. No (MFW) BUSINESS WIRE, INC., : Adv. Pro. No (MFW) ORANGEBALL INC., : Adv. Pro. No (MFW) ASPERA, INC., : Adv. Pro. No (MFW) AXIOM XCELL INC., : Adv. Pro. No (MFW) ANDLAUER TRANSPORTATION SERVICES INC., : Adv. Pro. No (MFW) EVENTMAKERS INTERNATIONAL INC., : Adv. Pro. No (MFW) VOICEWORKS PRODUCTIONS INC., : Adv. Pro. No (MFW) SAATCHI & SAATCHI NORTH AMERICA, INC., : Adv. Pro. No (MFW) TRANSCEND LIMITED, LLC, : Adv. Pro. No (MFW) STARCOM WORLDWIDE, INC. ET AL, : Adv. Pro. No (MFW) SEED STUDIO WEST, INC., : Adv. Pro. No (MFW) DUBWISE MUSIC, LLC, : Adv. Pro. No (MFW) { }

2 Case MFW Doc 1635 Filed 11/30/15 Page 2 of 22 LOCALIZE DIRECT AB, : Adv. Pro. No (MFW) CBS INTERACTIVE, INC., : Adv. Pro. No (MFW) : Defendants. : x STATUS REPORT WITH RESPECT TO CERTAIN ADVERSARY MATTERS THQ Inc., Plaintiff, in the above-captioned adversary proceedings, hereby submits the status report, attached hereto as Exhibit I, relating to each of the above-captioned adversary proceedings. [Remainder of Page Intentionally Left Blank] { }

3 Case MFW Doc 1635 Filed 11/30/15 Page 3 of 22 Dated: November 30, 2015 Wilmington, Delaware THE ROSNER LAW GROUP LLC /s/ Scott J. Leonhardt Scott J. Leonhardt, Esq. (DE #4885) 824 North Market Street, Suite 810 Wilmington, Delaware Telephone: (302) leonhardt@teamrosner.com -and- ANDREWS KURTH LLP Paul N. Silverstein (admitted pro hac vice) Jonathan I. Levine (admitted pro hac vice) Jeremy B. Reckmeyer (admitted pro hac vice) 450 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) Counsel to THQ { }

4 Case MFW Doc 1635 Filed 11/30/15 Page 4 of 22 Exhibit I Status Report { }

5 Case MFW Doc 1635 Filed 11/30/15 Page 5 of 22 STATUS CATEGORY A: Cases where service has not been completed. Adv. Case No. Defendant(s) Name Comments (MFW) Hooky Interactive, Inc. Plaintiff has attempted service at three different addresses, all of which were returned. Plaintiff may continue to attempt to serve the Complaint (MFW) Transcend Limited, LLC Plaintiff attempted to serve the Defendant, but received a return delivery. Plaintiff may continue to attempt to serve the Complaint. { }

6 Case MFW Doc 1635 Filed 11/30/15 Page 6 of 22 STATUS CATEGORY B: Cases where service has been completed, answers still due. Adv. Case No. Defendant(s) Name Answer Due Date Comments (MFW) Original Force Ltd. 3/9/15 Answer deadline extended by mutual agreement of the parties and the parties are discussing settlement. Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/ (MFW) Voiceworks Productions Inc. 4/6/15 Answer deadline extended through 4/6/15 and the parties are discussing settlement. Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/ (MFW) CBS Interactive, Inc. 12/1/15 Answer deadline extended through 12/1/15 by stipulation of the parties, which was approved by the Court. Subject to obtaining Court approval, the parties have agreed to stay discovery during the pendency of the motions to dismiss filed in the Starcom Adversary. { } -2-

7 Case MFW Doc 1635 Filed 11/30/15 Page 7 of 22 STATUS CATEGORY C: Cases where service has been completed, no answer filed, Motion/Request for Default Judgment to be filed. Adv. Case No. Defendant(s) Name Answer Due Date Date of Default/Default Judgment Comments (MFW) Business Wire, Inc. 4/22/15 Clerk entered entry of default on 7/2/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment (MFW) Ichi Ltd. 3/9/15 Defendant has failed to appear or timely respond to the Complaint. Plaintiff will be seeking a default judgment (MFW) Global Management S. De R.L. De C.V., 3/9/15 Defendant has failed to appear or timely respond to the Complaint. Plaintiff will be seeking a default judgment (MFW) Amazon Web Services, Inc. 4/24/15 Clerk entered entry of default on 10/26/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment Dan Klores Communications, 4/24/15 Defendant has failed to appear { } -3-

8 Case MFW Doc 1635 Filed 11/30/15 Page 8 of 22 (MFW) LLC or timely respond to the Complaint. Plaintiff will be seeking a default judgment (MFW) Aspera, Inc. 4/24/15 Clerk entered entry of default on 10/15/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment (MFW) Seed Studio West, Inc. 4/24/15 Clerk entered entry of default on 10/15/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment (MFW) Dubwise Music, LLC 5/14/15 Defendant has failed to appear or timely respond to the Complaint. Plaintiff will be seeking a default judgment (MFW) Localize Direct AB 5/14/15 Clerk entered entry of default on 10/15/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment. { } -4-

9 Case MFW Doc 1635 Filed 11/30/15 Page 9 of (MFW) Eventmakers International Inc. 5/14/15 Clerk entered entry of default on 10/15/15 Defendant has failed to appear or timely respond to the Complaint. Clerk has entered a default against Defendant. Plaintiff will be seeking a default judgment. { } -5-

10 Case MFW Doc 1635 Filed 11/30/15 Page 10 of 22 STATUS CATEGORY D: Cases where settlement agreement has been filed. None Applicable. { } -6-

11 Case MFW Doc 1635 Filed 11/30/15 Page 11 of 22 STATUS CATEGORY E: Resolved/Settled cases, dismissal cannot yet be filed. Adv. Case No. Defendant(s) Name Comments (MFW) Internap Network Services Corporation (MFW) Saatchi & Saatchi North America, Inc (MFW) Terremark North America, Inc. Adversary Proceeding has been settled in principle. Plaintiff will file a dismissal of the adversary proceeding once the settlement agreement has been finalized and upon satisfaction of closing conditions. Adversary Proceeding has been settled. Plaintiff will file a dismissal of the adversary proceeding once the settlement agreement has been finalized and upon satisfaction of closing condition. Adversary Proceeding has been settled. Plaintiff will file a dismissal of the adversary proceeding once the settlement agreement has been finalized and upon satisfaction of closing condition. Mediator s Certification regarding settlement was filed on 10/19/ (MFW) En Pointe Technologies, Inc. Adversary Proceeding has been settled. Plaintiff will file a dismissal of the adversary proceeding once the settlement agreement has been finalized and upon satisfaction of closing condition. { } -7-

12 Case MFW Doc 1635 Filed 11/30/15 Page 12 of 22 STATUS CATEGORY F: Cases where service is completed, answer has been filed, discovery/disclosures are underway. Adv. Case No. Defendant(s) Name Date Answer Filed Comments (MFW) Tradeshow Services Network, LLC 5/15/15 Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/ (MFW) Orangeball Inc. 5/7/15 Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/ (MFW) Andlauer Transportation Services Inc. 7/17/15 Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/15. Defendant served the F.R.C.P. Rule 26(1) Disclosures on 9/24/ (MFW) Axiom xcell Inc. 4/24/15 Plaintiff served the F.R.C.P. Rule 26(1) Disclosures on 10/2/15. Order vacating Mediation Order entered on 11/2/15. { } -8-

13 Case MFW Doc 1635 Filed 11/30/15 Page 13 of 22 STATUS CATEGORY G: Mediator has been selected or appointed. Adv. Case No. Defendant(s) Name Name of Mediator Comments (MFW) Janrain Inc. Raymond T. Lyons (appointed 7/8/15) Mediation not yet scheduled. Second Mediation Status Report filed on 10/20/15. { } -9-

14 Case MFW Doc 1635 Filed 11/30/15 Page 14 of 22 STATUS CATEGORY H: Cases that are ready for trial. None Applicable. { } -10-

15 Case MFW Doc 1635 Filed 11/30/15 Page 15 of 22 STATUS CATEGORY I: Cases in which there are dispositive motions pending. Adv. Case No. Defendant(s) Name Identity and Status of Motion Comments (MFW) Starcom Worldwide, Inc., et al. 12(b)(6) Motion to Dismiss filed by A&E Television Networks, LLC; Bleacher Report, Inc., Turner Broadcasting System, Inc. and Turner Entertainment Networks Inc.; Fox Entertainment Group, Inc. and FX Networks, LLC; Mediavest Worldwide, Starcom Mediavest Group, Inc., Starcom Worldwide, Inc., TMG Macmanus Canada, Inc. and Vivaki, Inc; and NBCUniversal Media, LLC [D.I. 40]. Briefing fully complete and Notice of Completion of Briefing has been filed [D.I. 73]. Action resolved in principle against MediaVest Worldwide, Starcom MediaVest Group, Inc., Starcom Worldwide, Inc., TMG MacManus Canada, Inc. and VivaKi, Inc. but remains active against other movants, so Motion to Dismiss not mooted. Subject to Court approval, the parties in this adversary have agreed to stay discovery during the pendency of the Motions to Dismiss. Action resolved in principle against MediaVest Worldwide, Starcom MediaVest Group, Inc., Starcom Worldwide, Inc., TMG MacManus Canada, Inc. and VivaKi, Inc.; however their Motion to Dismiss is not mooted because not all parties to the Motion to Dismiss have settled. See D.I. 78. Plaintiff has filed Notices of Dismissal for ION Media Networks Inc. [D.I. 55]; Buzzfeed Inc. [D.I. 65]; Google, Inc. [D.I. 66]; Quantcast Corporation [D.I. 72]; and NBCUniversal Media, LLC [D.I. 74]. { } -11-

16 Case MFW Doc 1635 Filed 11/30/15 Page 16 of 22 12(b)(6) Motion to Dismiss filed by Microsoft Online, Inc.[D.I. 29]. Briefing fully complete and Notice of Completion of Briefing has been filed [D.I. 69]. 12(b)(6) Motion to Dismiss filed by IFC TV LLC [D.I. 77]. Plaintiff s deadline to respond has been extended to December 30, 2015 by agreement of the parties. { } -12-

17 Case MFW Doc 1635 Filed 11/30/15 Page 17 of 22 STATUS CATEGORY J: Cases which are stayed by the filing of another bankruptcy action. None Applicable. { } -13-

18 Case MFW Doc 1635 Filed 11/30/15 Page 18 of 22 STATUS CATEGORY K: Cases in which an appeal is pending. None Applicable. { } -14-

19 Case MFW Doc 1635 Filed 11/30/15 Page 19 of 22 DISMISSED MATTERS: Cases that have been dismissed. Adv. Case No. Defendant(s) Name Dismissal Date (MFW) Acquia, Inc. 2/5/ (MFW) The Abernathy Macgregor Group, Inc. 2/12/ (MFW) Petrol Advertising, Inc. 4/21/ (MFW) Havok.com, Inc. 6/16/ (MFW) SCK Steve Austin, Inc. 1/13/ (MFW) The People s Republic of Animation Pty. Ltd 10/8/ (MFW) XO Communications, LLC 1/13/ (MFW) DisplayWorks LLC 7/23/ (MFW) Mosaic Sales Solutions US Operating Co., LLC 3/10/ (MFW) Perforce Software, Inc. 1/14/ (MFW) Five By Five Digital, LLC 1/14/ (MFW) Facebook, Inc. 1/13/ (MFW) Binari Sonori S.R.L. 4/1/ (MFW) Games Workshop Ltd. 3/12/ (MFW) Kidrobot, Inc. 4/21/ (MFW) Frame Machine, LLC 10/06/ (MFW) High Voltage Software, Inc. 6/2/ (MFW) Cake Media Ltd. 7/8/ (MFW) Confetti Interactive Inc. 4/29/ (MFW) American International Relocation Solutions, LLC 9/23/15 { } -15-

20 Case MFW Doc 1635 Filed 11/30/15 Page 20 of (MFW) Keuthen.Net E.K 7/22/ (MFW) Promethium Marketing Group LLC 10/06/ (MFW) Caronet Managed Hosting Inc. 7/8/ (MFW) Myinternetservices.com, LLC 4/21/ (MFW) Multi Packaging Solutions, Inc. 4/21/ (MFW) Pipeworks Software Inc. 4/29/ (MFW) Cisco Systems Capital Corporation 9/23/ (MFW) Lucas Licensing Ltd. 4/29/ (MFW) EdgeRock Technologies, LLC 10/29/ (MFW) Greysan Technologies, LLC 7/22/ (MFW) Mercer Human Resources Consulting, Inc. 6/9/ (MFW) Alesso, Inc. 6/17/ (MFW) Andrews International Inc. 6/17/ (MFW) Multiplicity Media Productions, Inc. 4/29/ (MFW) ONEsite, Inc. 9/23/ (MFW) Thomson Financial Holdings Inc. 7/8/ (MFW) BLITZ Digital Studios, LLC 10/29/ (MFW) Mackenzie Partners, Inc. 6/2/ (MFW) Broadridge Investor Communication Solutions, Inc. 6/17/ (MFW) Lakshya Digital Pvt. Ltd. 5/21/ (MFW) Turtle Entertainment GmbH 10/16/ (MFW) Pied Productions, Inc. 7/29/ (MFW) Wonacott Communications, LLC 10/13/15 { } -16-

21 Case MFW Doc 1635 Filed 11/30/15 Page 21 of (MFW) Intellisponse, Inc. 6/23/ (MFW) Qualys, Inc. 5/13/ (MFW) Lieberman Research Worldwide, Inc. 3/27/ (MFW) Accretive Solutions, Inc. 4/21/ (MFW) Angelsmith, Inc. 9/28/ (MFW) Audiokinetic Inc. 7/22/ (MFW) Digital River Inc. 7/7/ (MFW) Justman Packaging & Display 8/26/ (MFW) Metablocks, Inc. 5/5/ (MFW) VGmarket, LLC 6/23/ (MFW) Winking Entertainment Ltd. 9/01/ (MFW) The NPD Group Canada Corp. 4/21/ (MFW) Resources Connection, LLC 5/13/ (MFW) Trailer Joe s 6/9/ (MFW) Eddie Yang Studios, LLC 7/29/ (MFW) Global Crossing Telecommunications, Inc. 8/25/ (MFW) RightScale, Inc. 4/8/ (MFW) Gameco International Inc. 10/15/ (MFW) Livingston International Inc. 6/9/ (MFW) Opsec Security, Inc. 6/9/ (MFW) Buzzfeed, Inc. 8/28/2015 Google Inc. 8/28/2015 ION Media Networks, Inc. 8/3/15 { } -17-

22 Case MFW Doc 1635 Filed 11/30/15 Page 22 of 22 NBCUniversal Media, LLC 9/16/2015 Quantcast Corporation 8/28/ (MFW) Hansoft AB 4/29/ (MFW) NBCUniversal Inc. 8/26/ (MFW) David M. Lewis Company LLC 9/24/15 { } -18-