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-00335-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 90071-1560 213-683-9132 Email: glenn.pomerantz@mto.com Jonathan H Blavin Munger Tolles and Olson LLP 355 South Grand Thirty-Fifth Floor Los Angeles, CA 90071-1560 213-683-9100 Email: jonathan.blavin@mto.com Kelly M Klaus Munger Tolles & Olson LLP 355 South Grand Avenue 35th Floor Los Angeles, CA 90071-1560 213-683-9100 Email: kelly.klaus@mto.com Marc A Becker Quinn Emanuel Urquhart Oliver & Hedges LLP 865 South Figueroa Street 10th Floor Los Angeles, CA 90017 Los Angele 213-443-3405 Fax: (213) 443-3100 Email: marcbecker@quinnemanuel.com Rebecca Gose Lynch Munger Tolles and Olson LLP 560 Mission Street 27th Floor San Francisco, CA 94105-2907 415-512-4043 Email: rebecca.lynch@mto.com Hailyn Y Chen Munger Tolles and Olson
2 of 8 7/8/2008 4:36 PM Plaintiff Atlantic Recording Corporation 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071 213-683-9100 Email: 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 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 94104 415-954-4400 Email: aleibnitz@fbm.com Deepak Gupta Farella Braun and Martel 235 Montgomery Street 17th Floor San Francisco, CA 94104 415-954-4400 Email: dgupta@fbm.com Irvin Er-tai Tyan Farella Braun Martel LLP 235 Montgomery St 17th Floor San Francisco, CA 94104 415-954-4400 Fax: 415-954-4480 Email: ityan@fbm.com John L Cooper Farella Braun & Martel 235 Montgomery St, 17th Fl San Francisco, CA 94104 415-954-4400 Email: jcooper@fbm.com Date Filed # Docket Text 01/18/2008 1 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) 01/18/2008 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant SeeqPod, Inc. (et) (Entered: 01/24/2008) 01/18/2008 2 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) 01/18/2008 3 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 213-687-3702. (et) (Entered: 01/24/2008)
4 of 8 7/8/2008 4:36 PM 01/25/2008 4 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) 01/25/2008 5 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) 01/30/2008 6 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 07.02 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 08-0335 VBF(PLAx). (rn) (Entered: 01/30/2008) 02/01/2008 7 STANDING ORDER by Judge Valerie Baker Fairbank (rs) (Entered: 02/01/2008) 02/06/2008 8 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) 02/07/2008 9 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) 02/11/2008 13 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) 02/12/2008 10 NOTICE OF CHANGE OF ATTORNEY INFORMATION filed by Defendant SeeqPod, Inc. (Leibnitz, Noel) (Entered: 02/12/2008) 02/13/2008 11 DISCLOSURE of Interested Parties filed by Defendant SeeqPod, Inc. (Leibnitz, Noel) (Entered: 02/13/2008) 02/13/2008 12 Notice of Change of Attorney Information filed by Defendant SeeqPod, Inc. To Update Attorney Name (Leibnitz, Noel) (Entered: 02/13/2008) 02/21/2008 14 ANSWER with JURY DEMAND Defendant SeeqPod's Answer to Complaint filed by Defendant SeeqPod, Inc..(Leibnitz, Andrew) (Entered: 02/21/2008) 02/22/2008 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies RE Answer to Complaint (Discovery) 14 (se) (Entered: 02/22/2008) 03/18/2008 16 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) 03/18/2008 17 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) 03/18/2008 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) 03/18/2008 19 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) 03/18/2008 20 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) 03/18/2008 21 JOINT STIPULATION to MOTION to Compel Discovery From Plaintiffs 16 filed by Defendant SeeqPod, Inc.. (Leibnitz, Andrew) (Entered: 03/18/2008) 03/18/2008 22 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) 03/18/2008 23 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) 03/18/2008 24 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) 03/18/2008 25 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) 03/18/2008 26 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) 03/18/2008 27 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) 03/19/2008 28 NOTICE OF LODGING filed by Plaintiffs (Attachments: # 1 Proposed Order)(Klaus, Kelly) (Entered: 03/19/2008) 03/25/2008 29 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 of 8 7/8/2008 4:36 PM 03/25/2008 30 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) 03/31/2008 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) 04/08/2008 32 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) 04/08/2008 33 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) 04/08/2008 34 JOINT STIPULATION to MOTION to Compel Production of Documents 33 filed by Plaintiff Warner Bros. Records Inc.. (Klaus, Kelly) (Entered: 04/08/2008) 04/08/2008 35 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) 04/08/2008 36 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) 04/08/2008 37 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) 04/09/2008 38 NOTICE of Appearance filed by attorney Marc A Becker on behalf of Plaintiff Warner Bros. Records Inc. (Becker, Marc) (Entered: 04/09/2008) 04/10/2008 39 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) 04/11/2008 40 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) 04/11/2008 41 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) 04/11/2008 42 CERTIFICATE of Service OF SERVICE filed by Defendant SeeqPod, Inc., re Objections (Motion related) 40, Declaration (Motion related) 41 Via Email and FedEx served on 04-11-08. (Leibnitz, Andrew) (Entered: 04/11/2008) 04/14/2008 43 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) 04/17/2008 44 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) 04/25/2008 45 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) 04/25/2008 46 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) 04/28/2008 47 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) 04/28/2008 48 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 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) 04/29/2008 49 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) 05/01/2008 50 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) 05/05/2008 51 STIPULATION to Expedite Hearing Date filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Proposed Order)(Tyan, Irvin) (Entered: 05/05/2008) 05/05/2008 58 AMENDED STIPULATED PROTECTIVE ORDER by Judge Paul L. Abrams. [See Order for details.] (ch) (Entered: 05/06/2008) 05/06/2008 52 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) 05/06/2008 53 JOINT STIPULATION to MOTION to Compel Discovery From Plaintiffs 52 filed by Defendant SeeqPod, Inc.. (Tyan, Irvin) (Entered: 05/06/2008) 05/06/2008 54 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) 05/06/2008 55 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) 05/06/2008 56 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) 05/06/2008 57 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) 05/08/2008 59 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) 05/12/2008 60 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, 2008. (se) (Entered: 05/12/2008) 05/13/2008 61 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) 05/13/2008 62 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) 05/13/2008 63 DECLARATION of Jeffrey M. Fisher in Support of MOTION to Vacate Order 13 62 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A-N)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/2008 64 DECLARATION of Kasian Franks in Support of MOTION to Vacate Order 13 62 filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Exhibit A-C)(Gupta, Deepak) (Entered: 05/13/2008) 05/13/2008 65 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) 05/13/2008 66 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 13 62. 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) 05/14/2008 67 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) 05/15/2008 68 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 of 8 7/8/2008 4:36 PM 05/15/2008 69 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) 05/15/2008 70 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 62 65 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/2008 71 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 62 65 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/2008 72 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 62 65 filed by Plaintiffs Elektra Entertainment Group Inc., Rhino Entertainment Company, Warner Bros. Records Inc., Atlantic Recording Corporation. (Lynch, Rebecca) (Entered: 05/15/2008) 05/15/2008 73 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) 05/15/2008 74 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) 05/15/2008 75 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) 05/15/2008 76 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 62 65 filed (lra) (Entered: 05/20/2008) 05/15/2008 77 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) 05/22/2008 78 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) 05/22/2008 79 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) 05/22/2008 80 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) 05/30/2008 81 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) 05/30/2008 82 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 of 8 7/8/2008 4:36 PM 06/03/2008 83 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, 2008. 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, 2008. 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, 2008 3:00 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) 06/10/2008 84 Joint STIPULATION for Protective Order filed by Defendant SeeqPod, Inc.. (Attachments: # 1 Proposed Order Amended Stipulated Protective Order)(Tyan, Irvin) (Entered: 06/10/2008) 06/12/2008 85 AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams [See Changes Made By Court] (ch) (Entered: 06/12/2008) 06/20/2008 86 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) 06/20/2008 87 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) 06/20/2008 88 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) 06/25/2008 89 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, 2008. 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) 06/27/2008 90 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) 06/30/2008 92 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) 07/02/2008 91 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 07/08/2008 16:28:06 Client Code: Search Criteria: 10 Cost: 0.80 2:08-cv-00335-VBF-PLA End date: 7/8/2008